HomeMy WebLinkAboutCEB 10-18-2012%_all tv
Roll Call
_'ity of Cape Canaveral
Building Department/Code Enforcement
AGENDA
)DE ENFORCEMENT BOARD
REGULAR MEETING
201 POLK AVENUE
OCTOBER 18,2012
6:00 P.M.
Establish Next Meeting Date: January 17, 2013
NEW BUSINESS:
I Approval of Meeting Minutes: September 20, 2012 U'
COMPLIANCE HEARINGS:
I Case No. 11-00077 - Violation of Section 34-97(b)(3), Duties and Responsibilities for
Maintenance, of the City of Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.)
- JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A.
2. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural
Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance
Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances, (201, 203, 205 Jefferson Ave.) - Dolores G. Nagel, Property Owner.
3. Case No. 12-00028 - Violation of Section 105.1, Permit Required; Section 110.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-3 1, of the
City of Cape Canaveral Code of Ordinances; Section 303.14, Window, Skylight & Door
Frame; Section 304.3, Interior Surfaces, of the International Property Maintenance Code
(1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances, (230 Columbia Dr., Unit 318) - William M. & Manon D. Powell, Property
Owner. ��,x
PUBLIC HEARINGS:
Case No. 12-00015 - Violation of Section 105.1, Permit Required; Section 110.1,
Inspections General, of the Florida Building Code (2007 edition), as adopted by Section
82-31, of the City of Cape Canaveral Code of Ordinances; and Nte 8etion--225--6ffa)r-,
, (218 Jefferson Ave.) - Robert M.
Barthelme, Property Owner.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcqpecanaveral.org e-mail: inf6gcityofcqpecan eral.org
Code Enforcement Board
Agenda
October 18, 2012
Page 2
2. Case No. 12-00069 - Violation of Section 34-122(b), Public Nuisances; Section 34-96(7),
Standards Established; Section 34-97(l), Duties and Responsibilities for Maintenance, of
the City of Cape Canaveral Code of Ordinances, (8200 Astronaut Blvd.) — 8200 Astronaut
LLC, c/o Rudolph Hardick, R.A.
3. Citation No. 0054 — Violation of Section 82-375, Construction Contracting Regulation
Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes Section
489.132(l), Prohibited Acts by Unlicensed Principals, (7400 Ridgewood Ave., Unit 512)
— Steve J. Hoskins.
4. Citation No. 0212 — Violation of Section 82-375, Construction Contracting Regulation
Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes Section
489.132(l), Prohibited Acts by Unlicensed Principals, (205 Johnson Ave.) — Louie E.
Maloney.
Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision
made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The
attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning
and / or Community Appearance Board who may or may not participate in Board discussions held at this public
meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact
the City Clerk's office at 868-1221, 48 hours in advance of the meeting.
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
SEPTEMBER 20,2012
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on September 20, 2012, in the Cape Canaveral Public Library Meeting Room at 201 Polk
Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called
the roll.
MEMBERS PRESENT
Mary Russell Chairperson
James Hale
Ralph Lotspeich
Lynn Mars
MEMBERS ABSENT
Walter Godfrey
Raymond Viens Vice -Chairperson
Karen Hartley
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Kate Latorre Assistant City Attorney
Todd Morley Building Official
Glenn Pereno Plans Examiner/Building Inspector
The Board members established that the next meeting would be held on October 18, 2012.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW B!I-SINESS'
ApDroval of Meeting Minutes: July 19 2012.
Motion by Mr. Hale, seconded by Mr. Lotspeich, to approve the meeting minutes of July 19,
2012, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 2
COMPLIANCE HEARINGS:
Case No. 12-00003 - Violation of Section 105.1. Permit Rgguired, Section 109.1,
Inspections General, of the Florida Building Code. as adopted by Section 82-31, of the
City of Cgpe Canaveral Code of Ordinances; Section 34-96(d). Standards Established;
Section 34-98(6) Building Appearance and Maintenance, Section 78-27, Connection with
Sewer Rqguired; Section 78-128, Change of Use-, Section 110-292, Principal Uses -
Structures, Section 110-296, Area and Dimension; Section 110-468, Accessory Structure-,
Section 110-491, Number of Spaces R2guired, Section 110-551(a)(2)(b), Location of
Recreational Vehicles, and Section 31.3.4.5.1, Smoke Alarms. of the Florida Fire
Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code of
Ordinances, (350 Monroe Ave.) — Antonio Romano, Property Owner.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for the
condition of the structures. Officer Alexander stated that the Respondent has obtained a permit
for renovations and is working toward compliance.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
of Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building
Code, as adopted by Section 82-3 1, of the City of Cape Canaveral Code of Ordinances; Section
34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance;
Section 78-27, Connection with Sewer Required; Section 78-128, Change of Use; Section I 10-
292, Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468,
Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b),
Location of Recreational Vehicles; and Section 31.3.4.5.1. Smoke Alarms, of the Florida Fire
Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code of
Ordinances, and be given until January 17, 2013 to come into compliance or impose a fine in the
amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars
($ 100.00) per day thereafter retroactively beginning on June 21, 2012.
Motion by Mr. Lotspeich. seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in non-compliance and be given until January 17, 2013 to come into compliance or
impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and one
hundred dollars (S100.00) per day thereafter retroactively beginning on June 21, 2012, until
found in compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 3
2. Case No. 12-00006 — Violation of Section 301.3, Vacant Structures and- Land, Section
302.3, Sidewalks and Driveways. Section 303.4. Structural Members; Section,303-k
Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking
Surfaces, Section 303.14, -Window, Skylight and Door Frames; Section 303.16 Doors -
Section 304.3, Interior Surfaces, of the of the International Property Maintenance Code
(1998 edition), as adopted by Section 82-221, of the City of Cme Canaveral Code of
Ordinances, and Section 34-96(d). Standards Established, of the City of Cape Canaveral
Code of Ordinances, and Section 301.1, General. of the Standard Unsafe Buildin
Abatement Code (1985 Edition), (7521 MagLiolia Ave.) — Lenny Cassanelli—Propert
Owner.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
work without a permit and an approved final inspection. Officer Alexander explained that,
following a complaint, an investigation revealed there was work being done without a permit.
She stated that the property was posted with a Stop Work Order.
Lenny Cassanelli, Property Owner, testified that after he purchased the property he paid off the
existing liens and worked to bring the property into compliance. Mr. Cassanelli stated that he
hired a contractor and submitted a permit application; however, the plans were denied. He
explained that he was forced into unnecessary repairs when the building code changed requiring
him to install a sprinkler system and bring the building up to code. Mr. Cassanelli fijrther stated
that the structure is secure and the broken doors and windows have been boarded up.
Mr. Cassanelli requested that the Board grant him additional time for repairs or to sell the
property. Additionally, he asked the Board not to file the lien on the property stating that it
would be a financial burden he could not afford.
Officer Alexander respectfully requested that the Board find the Respondent non-compliance of
Section 301.3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section
303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage;
Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door
Frames; Section 303.16, Doors; Section 304.3, Interior Surfaces, of the of the International
Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape
Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape
Canaveral Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building
Abatement Code (1985 Edition), and impose a fine in the amount of two hundred and fifty
dollars ($250-00) for the first day and one hundred dollars ($100.00) per day thereafter
retroactively beginning on May 17, 2012 until found in compliance.
Discussion followed regarding additional time; however the Board was not convinced that one
month would be sufficient time for him to come into compliance.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 4
Mr. Cassanelli stated that additional time might give him the opportunity to sell the property.
Motion by Mr. Lotspeich, seconded by Mr. Hale, to find the respondent in non-compliance and
be given until January 17, 2013 to come into compliance or impose a fine in the amount of two
hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day
thereafter retroactively beginning on May 17, 2012 until found in compliance with the condition
that the Respondent maintain the exterior of the property. Vote on the motion carried
unanimously.
3. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4. Stru
Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance
Code (1998 edition), as -adopted by Section 82-221, of the City of CAPe Canaveral Code
of Ordinances, (201, 203.,205 Jefferson Ave.) — Dolores G. Nagel, Property Owner.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for the
condition of the roof. Officer Alexander stated that, following a Notice of Violation, the
Respondent obtained a re -roof permit for the repairs. Officer Alexander further stated that, after
a few months, a tenant called and reported that the work had stopped with only a portion of the
repairs completed. Officer Alexander explained that the permit will expire in four days.
Officer Alexander presented a letter from the Respondent to the Board that requested additional
time to come into compliance.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and
Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section
82-221, of the City of Cape Canaveral Code of Ordinances, and give the Respondent until
October 18, 2012 to come into compliance or impose a fine in the amount of one hundred and
fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter
retroactively beginning on June 21, 2012 until found in compliance.
Motion by Mr. Lotspeich. seconded by Mr. Hale. to accept Staff s recommendation and find the
respondent in non-compliance and be given until October 18, 2012 to come into compliance or
impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-
five dollars ($75.00) per day thereafter retroactively beginning on June 21, 2012, until found in
compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 5
PUBLIC HEARINGS:
Case No. 12-00028 - Violation of Section 105.1. Permit Rqguired; Section 110.L
InMections General, of the Florida Building Code, as adopted by Section 82-3 1, of th
City of CVe-Canaveral Code of Ordinances, Section 303.14, Window, Sky -light & Door
Frame; Section 304.3, Interior Surfaces, of the International Property Maintenance Code
(1998 edition), as adopted by Section 82-221, of the City of CARe Canaveral Code of
Ordinances, (230 Columbia Dr., Unit -318) — William M. & Marion D. Powell, Prgperty
Owner.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
work without a permit and the condition of the structure. Officer Alexander explained that,
following a complaint, an investigation revealed that a window was installed without a permit
and that there was water damage to the units below. She further explained that the Respondent
hired a contractor to obtain a permit to replace the window.
William Powell, property owner, testified he did replace the window without a permit; however,
following the Notice of Violation, he stated that he hired a contractor for work and is requesting
additional time to comply.
Tom Parker, Contractor. testified that, after they obtained the permit, he ordered the window and
it will be here in a few weeks and they will get the window installed. Mr. Parker stated that there
was no water damage in the Respondents unit and was not sure that the water damage was from
Mr. Powell's unit. Mr. Parker assured the Board that the window will be installed properly.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building
Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section
303.14, Window, Skylight & Door Frame; Section 304.3, Interior Surfaces, of the International
Property Maintenance Code (1998 edition), as adopted by Section 82-22 1, of the City of Cape
Canaveral Code of Ordinances, and be given until October 18, 2012 to come into compliance or
impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-
five dollars ($75.00) per day thereafter retroactively beginning on September 20, 2012, until
found in compliance.
Motion by Mr. Lotspeich, seconded by Mr. Hale. to accept Staffs recommendation and find the
respondent in violation and be given until October 18, 2012 to come into compliance or impose a
fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-five
dollars ($75.00) per day thereafter retroactively beginning on September 20, 2012, until found in
compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 6
2. Case No. 12-00055 - Violation of Section 105. 1, Permit Rqguired, Section I 10. 1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31. of the
City of Cape Canaveral Code of Ordina ces. (8406 Canaveral Blvd.) — Carol J.
Williams, Propgly Owner.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
work without a permit. Officer Alexander explained that, following a complaint, an
investigation revealed that a window was being installed without a permit and that it appeared
that the unit was being remolded. She stated that a Stop Work Order was posted on the property.
Officer Alexander explained that a permit was applied for on September 12, 2012 for interior
renovations and is currently under review.
Carol William s -Renshaw, property owner, testified that there was a leak in the bathroom that
damaged the kitchen cabinets. Ms. Willi ams -Renshaw stated that they removed the cabinets and
bathtub not realizing that a permit was required. She further stated that the bathroom window
frame was broken and did not realize a permit was required to replace the broken window. Ms.
William s -Renshaw explained that, following the Code inspection, she hired a contractor and
applied for a pen -nit for the renovations and window replacement. Ms. William s -Renshaw
requested leniency from the Board for the $500-00 fine.
Officer Alexander explained that the five hundred dollar ($500-00) Citation is next item on the
agenda.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 105. 1, Permit Required; Section I 10. 1, Inspections General, of the Florida Building
Code, as adopted by Section 82-3 1, of the City of Cape Canaveral Code of Ordinances, and be
given until January 17, 2013 to come into compliance or impose a fine in the amount of one
hundred fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day
thereafter retroactively beginning on September 20, 2012, until found in compliance.
Motion by Mr. Hale, seconded by Mr. Mars, to accept Staff s recommendation and find the
respondent in violation and be given until January 17, 2013 to come into compliance or impose a
fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-five
dollars ($75.00) per day thereafter retroactively beginning on September 20, 2012, until found in
compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 7
3. Citation No. 0046 — Violation of Section 82-375, Construction Contracting Regglation
Violation, of the City of Coe Canaveral Code of Ordinances; and Florida Statutes
Section 489.1320), Prohibited Acts by Unlicensed Principals, (8406 Canaveral Blvd.) —
Leslie L. Renshaw.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that, following a report
that windows were being installed; an investigation revealed that a window was being installed
without a permit and the unit was being remolded. She stated that a Stop Work Order was
posted on the property and a five hundred dollar ($500-00) Citation was issued to Mr. Renshaw.
Mr. Renshaw, Respondent, testified that he was not aware that a permit was required to replace
the broken window or replace the kitchen cabinets. He stated that a permit was applied for on
September 12, 2012 for interior renovations and is currently under review.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0046.
Chairperson Russell asked the City Attorney if the Board had any recourse in their action
regarding the fine. Assistant City Attorney Latorre advised that there is a prevision where the
Board may dismiss the Citation if the Violation has been corrected.
Glenn Pereno, Plans Examiner/Building Inspector, stated that the Respondent has taken
immediate steps to correct the Violation by applying for the permit.
Motion by Mr. Lotspeich, seconded by Mr. Hale, to dismiss the Citation contingent upon the
Respondent receiving an approved final inspection by January 17, 2013. In the event that the
Respondent is not in compliance the Citation would be due. Vote on the motion carried
unanimously.
4. Citation No. 0048 — Viol tion of Section 82-375, Construction Contracting Regulation
Violation, of the City of Cgpe Canaveral Code of Ordinances, and Florida Statutes
Section 489.132(l). Prohi ited Acts by Unlicensed Principals, (7520 Ridgewood Ave.,
Unit 601) — Matthew G. Kehres.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that, following a
complaint, an investigation revealed that air conditioning units were installed without permits.
Officer Alexander stated that she issued Notice of Violations to each of the property owners and
the Respondent came forward to put permits; at which time he was issued the Citations in the
amount of five hundred dollar ($500.00) per Citation.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 8
Matthew Kehres, Mechanical Contractor, testified that the units that were installed were after
hours during an emergency. Mr. Kehres stated that he should have obtained the permits but
didn't. He explained that he was wrong in installing the units without permits.
Officer Alexander explained that the Respondent is a contractor and was issued four separate
Citations at five hundred dollars ($500.00) each.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0048.
Motion by Chairperson Russell, seconded by Mr. Hale, to accept staffs recommendation and
impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0048.
Vote on the motion carried unanimously.
5. Citation No. 0050 — Violation of Section 82-375, Construction Contracting Reyulation
Violation, of the City of CWe Canaveral Code of Ordinances, and Florida Statutes
Section 489.1320), Prohibited Acts by Unlicensed Principals, (7520 Ridgewood Ave.,
Unit 606) — Matthew G. Kehres.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0050.
Motion by Chairperson Russell. seconded by Mr. Hale. to accept staff's recommendation and
impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0050.
Vote on the motion carried unanimously.
6. Citation No. 0051 — Violation of Section 82-375, Construction Contracting Rep-ulation
Violation, of the Citv of Cave Canaveral Code of Ordinances; and Florida Statutes
Section 489.1320). Prohibited Acts by Unlicensed Principals, (7520 Ridgewood Ave.,
Unit 507) — Matthew G. Kehres.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #005 1.
Motion by Chairperson Russell. seconded by Mr. Hale. to accept staffs recommendation and
impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0051.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 9
7. Citation No. 0052 - Violation of Section 82-375, -Construction Contracting Regulation
Violation, of the City of Cave Canaveral Code of Ordinances: and Florida Statutes
Section 489.1320), Prohibited Acts by Unlicensed Principals, (7520 Ridgewood Ave.,
Unit 108) - Matthew G. Kehres.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0052.
Motion by Chairperson Russell, seconded by Mr. Hale, to accept staWs recommendation and
impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0052.
Vote on the motion carried unanimously.
8. Citation No. 0054 - Violation of Section 82-375. Constructi n Contractina Regulation
Violation,, of the City of Cave Canaveral Code of Ordinances-, and-- Florida Statutes
Section 489.13 (1), Prohibited Acts by Unlicensed _Principals,_(7400 Ridgewood Ave,.
Unit 512) - Steve J. Hoskins.
Officer Alexander stated that the Respondent requested this item be placed on the October
Agenda.
OLD BUSINESS:
Case No. 11-00082 - Violation of Section 303j, Exterior Structure- Section 303.1
Stairways, Decks, Porches. & Balconies-, and Section 303.13. Handrails & Guards, of the
of the International Property Maintenance Code (1998 edition), as adopted by Section 82-
2 anaveral Code of Ordinances, (417 Polk Ave.) - Mark & Kelly
Palace, Property Owners. A lication for Satisfaction nr Relea.-;-
Lien)
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board*s review. Officer Alexander testified that the violation was for
the condition of the balcony. Officer Alexander stated that a 'Restricted Use' placard was posted
on the premise due to the poor condition of the balcony and the fact that all of the hand rails were
missing. The property was found in Violation and a lien was placed on the property January 19,
2012. Officer Alexander explained that the lien in the amount of nineteen thousand nine hundred
and fifty dollars ($19,950.00) was incurred by the previous owners. She further explained that
the new owners purchased the property, obtained the permit required for the repairs and brought
the property into compliance.
Kelly Palace, Property Owner, testified that they renovate foreclosed properties around Brevard
County for a living and always work with the Municipalities to obtain the required permits for
the repairs. Ms. Palace stated that they have had many liens on various properties incurred from
prior owners and have had consideration from other Municipalities for the release of the liens
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 10
due to the fact that they are doing a great service for the communities to increase property values.
Ms. Palace requested that the Board recommend that the lien be released so they do not lose
money on the sale of the property; due to the fact that they did not incur the fine and that, upon
the purchase of the property, they immediately obtained a permit and completed the repairs.
Officer Alexander explained that Stafl7s consideration for the reduction of the lien included
attorney fees; the fact that Mr. & Mrs. Palace were not the cause of the violation; the length of
time to bring the property into compliance once they purchased the property; the minor blighting
effect on the surrounding properties; and the amount of Staff time involved in the enforcement of
the violations.
Officer Alexander respectfully requested that the Board recommend to the City Council the
reduction of the lien in the amount of nineteen thousand nine hundred and fifty dollars
($19.950.00) to two thousand one hundred dollars ($2,100.00).
Motion by Mr. Lotspeich, seconded by Mr. Hale, to recommend that Council release the lien in
full. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 7:54 P.M.
Approved on this day of
Joy Lombardi, Board Secretary
,2012.
Mary Russell, Chairperson
CITY OF CAPE CANAVERAL
C" aw NOTICE OF COMPLIANCE 14EARING
CW'-%"=C^"'V.K"- -
FC TY OF CAPE CANAVERAL
Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
JWL, LLC
C/O Keith A. Bennett, R.A.
Location of the Violation:
6103 N Avenue, Cape Canaveral 32920
CASE No. 2011-00077
DATE: 10/08/12
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Amended Order Imposing
Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such
violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the
City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
D D this 8th day o October 2012
Duree Alexander
Code Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cave e-mail: d. alexanderAcityofeapecanaveral.org
City of Cape Canaveral
Building Department/Code Enforcement
C"V or
iCA" CODE ENFORCEMENT BOARD
F� CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #11-00077
A Florida municipal corporation,
Complainant,
Im
JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A.
Owner of the Property located at:
6103 N. Atlantic Avenue
Cape Canaveral, FL 32920
LEGAL: BANANA RIVER ESTATES PART OF LOTS 22 &23 AS DES IN ORB 541 PF912 PLAT BOOK 0010 PAGE 0001
Respondent,
AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
(AMENDED AS TO ADDITIONAL TIME)
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on May 17, 2012 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the
property. The Board, having heard the arguments of the parties and the evidence presented
and having reviewed the record and being otherwise fully advised, makes the following Findings
of Fact and Conclusions of Law incorporated into this Order as set forth herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1 . That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 34-97(b)(3), Duties and Responsibilities for
Maintenance, of the City Code, exist or existed upon the Property and Respondent was further
provided a reasonable time to correct said violation;
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the
City Code;
75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcqpecanavera1.qr e-mail: info gcityo fcqpecanaveral. or
Case #11-00077
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
6. Respondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board of the City of Cape Canaveral, Florida on July 19, 2012.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1 . Respondent be given until October 18, 2012 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph
shall be retroactively imposed beginning on May 17, 2012.
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of July, 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Rus#ll, Chairperson
0 C" or CITY OF CAPE CANAVERAL
NOTICE OF COMPLIANCE HEARING
TTIE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
Delores G. Nagel
CASE No. 2012-00012
DATE: 10/02/12
Location of the Violation:
201, 203, 205 Jefferson Avenue, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Order Imposing Penalty
on First Violation (Amended as to Additional Time) attached as EXHIBIT "A" and shall make a
determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes,
and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
Lj D this 2th day of October, 2012
Duree Alexander, CoM Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/ca-pe e-mail:d.alexanderAcitvofcapecanaveral.org
Orw or
CAP* CAOSAVE"L
City of Cape Canaveral
Building Department/Code Enforcement
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
V.
Dolores G. Nagel
Owner of the Property located at:
201, 203, 205 Jefferson Avenue
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA LOT I & W 'A of LOT 2 BLK 14 PLAT BOOK 0003 PAGE 0007
Respondent,
Case #12-00012
ORDER IMPOSING PENALTY ON FIRST VIOLATION
(AMENDED AS TO ADDITIONAL TIME)
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on June 21, 2012 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the
property. The Board, having heard the arguments of the parties and the evidence presented
and having reviewed the record and being otherwise fully advised, makes the following Findings
of Fact and Conclusions of Law incorporated into this Order as set forth herein.
Finding -s of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1 . That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 303.1, General; Section 303.4, Structural Members;
Section 303.7, Roofs and Drainage, of the of the International Property Maintenance Code
(1998 edition), as adopted by Section 82-221, of the City Code, exist or existed upon the
Property and Respondent was further provided a reasonable time to correct said violation;
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 303.1, General; Section 303.4, Structural Members; Section
303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as
adopted by Section 82-221, of the City Code;
75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcqpecanaveral.org e-mail: infokcityofc!qpecanaveral.orp,
Case #12-00012
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
6. Respondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board of the City of Cape Canaveral, Florida on September 20, 2012.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1 . Respondent be given until October 18, 2012 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars
($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by
the Code Enforcement Officer. Respondent shall be responsible to provide notice of such
violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code
Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to
this paragraph shall be retroactively imposed beginning on June 21, 2012
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of September, 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Copies furnished to:
Dolores G. Nagel, Property Owner
City of Cape Canaveral, Case File Mary Ru�eYl, Chairperson
CITY OF CAPE CANAVERAL
NOTICE OF COMPLIANCE HEARING
CIM or
5M CITY OF CAPE CANAVERAL CASE No. 2012-00028
% Florida Municipal Corporation, DATE: 10/02/12
Complainant,
V.
Respondent(s):
William M. & Manon D. Powell, P.O.
Location of the Violation:
230 Columbia Drive, Unit 318, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Order Imposing Penalty
on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such
violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the
City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
D 2 d d of October, 2012
Duree Alexander
Code Enforcement Officer
7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
_';A� __mnil- i Memsmierna -.itvnfrnner..qnqvi-.rA nrcr
City of Cape Canaveral
Building Department/Code Enforcement
P colvol, CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #12-00028
A Florida municipal corporation,
Complainant,
V.
William M. & Marion D. Powell
Owner of the Property located at:
230 Columbia Drive, Unit 318
Cape Canaveral, FL 32920
LEGAL: UNIT 318 THE COLONIAL HOUSE CONDO AS DESC IN ORB 2225 PG 1916 AND ALL AMENDMENTS THERETO PLAT BOOK 0018 PAGE 0009
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on September 20, 2012 to
determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or
existed on the property. The Board, having heard the arguments of the parties and the
evidence presented and having reviewed the record and being otherwise fully advised, makes
the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth
herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1 . That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 105.1, Permit Required; Section 110.1, Inspections
General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape
Canaveral Code of Ordinances; Section 303.14, Window, Skylight & Door Frame; Section
304.3, Interior Surfaces, of the International Property Maintenance Code (1998 edition), as
adopted by Section 82-221, of the City Code, exist or existed upon the Property and
Respondent was further provided a reasonable time to correct said violation;
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was present at the hearing;
7510 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 - Fax (321) 868-1247
www.cityofcaecanaveral.or e-mail: info@cityofcqpecanaveral.org
Case #12-00028
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 105. 1, Permit Required; Section 110. 1, Inspections General, of
the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of
Ordinances; Section 303.14, Window, Skylight & Door Frame; Section 304.3, Interior Surfaces,
of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221,
of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1 . Respondent be given until October 18, 2012 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars
($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by
the Code Enforcement Officer. Respondent shall be responsible to provide notice of such
violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code
Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to
this paragraph shall be retroactively imposed beginning on September 20, 2012
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
Case #12-00028
DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of September, 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Ru*ll, Cfiairperson-
Copies furnished to:
William M. & Manon D. Powell, Property Owner
City-of.Cape Canaveral, Case File
env of
CITY OF CAPE CANAVERAL
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2012-00015
A Florida Municipal Corporation, DATE: 10/8/12
Complainant,
V.
Respondent(s):
Robert M. Barthelme, P.O.
Location of the Violation:
218 Jefferson Avenue, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation
attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected
pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral
Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY TTIE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
DA D this 8th day Qf October, 2012
ac
Duree Alexan&r, Code(Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
-,xrxxrix7 mvflnridn nnM/(--qni-, &-mnil- d- alexandernacit.vnfcaneca.niverql.oro,
City of Cape Canaveral
C" CXWOF CITY OF CAPE CANAVERAL
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2012-00015
A Florida Municipal Corporation, Date: 3/28/12
Complainant,
V.
Owners of the property located at:
218 Jefferson Avenue, Cape Canaveral, FL 32920
Respondent(s):
Robert M. Barthelme, P.O.
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral
Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the
City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) istare
hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily
performed within fifteen (15) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or the
violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be
required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a
penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s)
and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each
repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE
VIOLATION(S) IS/ARE CORRECTED WITHN THE TIME PERIOD REQUIRED, THE
RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND
REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
218 Jefferson Avenue, Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Robert M. Barthelme
218 Jefferson Avenue
Cape Canaveral, FL 32920
75 10 N. Atlantic Avenue - Post Office Box 326 0 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - Fax: (321) 868-1247
www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com
Page 2
2012-00015
A stop work order was placed on your property on March 23, 2012, for doing work without the
required permits and approved inspections.
3. Description of Violation(s) at property: 82-10, Stop Work Order;
Upon notice from the building official, work on any building, structure, electrical, gas,
mechanical or plumbing system that is being done contrary to the provisions of this code or in a
dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall
be given to the owner of the property, or to his agent, or to the person doing the work, and shall
state the conditions under which work may be resumed. Where an emergency exists, the building
official shall not be required to give a written notice prior to stopping the work.
Section 82-3 1, Florida Building Code Adopted; The Florida Building Code 2007 edition, as may
be amended from time to time, as published by the Florida Building Commission, shall be
known as the City of Cape Canaveral Building Code and is hereby adopted by reference and
incorporate herein as if fully set out.
FLBC 105.1 Required Permit(s); Any owner or authorized agent who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation to which is regulated by this code, or to cause any such work to
be done, shall first make application to the building official and obtain the required permit.
FLBC I 10. 1 General Inspection(s); Construction or work for which a permit is required shall be
subject to inspection by the building official and such construction or work shall remain
accessible and exposed for inspection purposes until approved. Approval as a result of an
inspection shall not be construed to be an approval of a violation of the provisions of this code or
of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or
cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It
shall be the duty of the permit applicant to cause the work to remain accessible and exposed for
inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense
entailed in the removal or replacement of any material required to allow inspection.
NEC Section 225.61; Clearances over Buildings and Other Structures;
(a) 22 kV Nominal to Ground or Less; the clearances over buildings and other structures
conductors and live parts up to 22 kV, nominal, to ground or less shall be not less than the values
shown in Table 225.61.
Table 225.61 Clearance over Buildings and Other Structures; Over or under roofs or projections
not readily accessible to people; Vertical m (3.8); ft. (12.5).
Page 3
2012-00015
4. Recommendation(s) to correct the violation(s) described above:
• The work may resume once the required permit(s) have been obtained.
• You will be required to obtain the approved final inspection(s).
• Have the power line that is connected from the power pole to the residence, which is
currently in violation of clearances over buildings and other structures as stated above,
relocated.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained herein, do
not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (32 1)
868-1222.
VuZr ee'UAl ce x a n d e r
Code Enforcement Officer
CITY OF CAPE CANAVERAL
C'. V OF
NOTICE OF HEARING
;70F CAPE CANAVERAL CASE No. 2012-00069
A Florida Municipal Corporation, DATE: 9/19/12
Complainant,
V.
Respondent(s):
8200 Astronaut LLC, C/O Rudolph Hardick, R.A.
Location of the Violation:
8200 Astronaut Blvd, Cape Canaveral, FL 32920
A BEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation
attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected
pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral
Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
DffT this I 9th day of September, 2012
bureeAIexanderT,ode Enforcement Officer
7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, Fl, 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cape e-mail:d.alexanderAcityofcapecanaveral.org
CITY OF CAPE CANAVERAL
cffv OF NOTICE OF VIOLATION
CAM CAKAMUL
;7
rY OF CAPE CANAVERAL CASE NO. 2012-00069
A Florida Municipal Corporation, Date: 8/30/12
Complainant,
V.
Owners of the property located at:
8200 Astronaut Blvd. Cape Canaveral, FL 32920
Respondent(s):
8200 Astronaut LLC, CIO Rudolph Hardick, R. A.
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice
of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described
below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s)
described below is/are to be voluntarily performed within ten (10) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or the
violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing
Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the
City of Cape Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties may be assessed up to $250 per day for each first violation or up to
$500 per day for each repeat violation described in this notice until the violations(s) has/ have
been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE
ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
8200 Astronaut Blvd., Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Rudolph Hardick, R. A.
1515 S Atlantic Avenue, #204
Cocoa Beach, FL 32931
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cape e-mail:d.alexanderAcitvofcapecanaveral.org
Page 2
2012-00069
A site visit revealed your vacant lot is over grown and need of mowing. The overgrowth and lack
of property maintenance has been a continued problem. Please maintain the property by mowing,
and weed -eating on a regular basis.
Description of Violation(s) at property: Section 34-122, (b), Public Nuisances;
(b) All unimproved property in the city shall be maintained in a manner such that weeds and
rank vegetation shall not exceed 12 inches in height.
Section 34-96, Standards Established; The owner of every single-family or multiple -family
dwelling, commercial or industrial property, his appointed agent and the occupant, operator,
tenant or anyone otherwise using the property in any form or manner shall maintain the premises
fee of hazards which include but are not limited to:
(7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and
vegetation cut periodically as needed.
Section 34-97, Duties and responsibilities Maintenance;
The owner of every single-family or multiple -family dwelling, commercial or industrial
property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the
property in any form or manner shall maintain the premises free of hazards which include but are
not limited to:
(1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth,
garbage, trash, refuse, debris and inoperative machinery.
3. Recommendation(s) to correct the violation(s) described above:
Please maintain the property by mowing, and removing any debris, and dead vegetation
from the property.
Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape
Canaveral, (321) 868-1222.
k4ee Zlex2ander
Code Enforcement Officer
V7 -
CITY OF CAPE CANAVERAL
NOTICE OF HEARING
MM APP
cfn�wy I - EALING CONSTRUCTION CITATION
V."
CAM C"A: -7F
CITY OF CAPE CANAVERAL CONSTRUCTION CITATION # 0054
_rc
A Florida Municipal Corporation, DATE: 10/02/12
Complainant,
V.
Respondent(s):
Steve J. Hoskins
Location of the Violation:
7400 Ridgewood Avenue, Unit 512, Cape Canaveral, FL 32920
A BEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Construction Citation #
0054, attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are
corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape
Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY TIHE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
D D this 2th d f October, 2012
7
tr'4' ;�I�uc
I5ure-e Alexander, Code IG—f6ri-ce-ment Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
---- --,n--:A- A nrCy
C1rD"rvr-Tnm CONTRACTOR CITATION
CITATION NO.: 0054-
Wtv
CITY OF §82-,375 et. seq. City of Cape Canaveral Code; and/or
ISSUING AGENCY: §48
CAPE CANAVERAL §489.127, and/or §489.132(l), Florida Statutes._
able and probable grounds to believe, and does believe, that on:
The undersigned certified that, upon personal investigation, he/she has reason
Year. TimeX- 00 M Q PM
Day of the Week: IhT-R-7 - - -
First Name: M.I.: -3 LastName:
Street Address: Zip Code: -;LA -4�
4t1JS4Q State: ir-L-4
City. (' - UD J -Sex, rA I tLh��
�Mone Nft:j I Race: _
Did commit § 82-375 et. seq. City of Cape Canaveral Code - Construction Contracting Regulation Violation.
a violation of. 489.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions and Occupations).
489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Qualified Construction companies).
Facts constituting Reasonable and Probable Cause:
Location of Violatio"ni-4nn 1ZL1W.Fb
$500.00 for each violation. Each day such violation
Signature of
pE eANNUU-PA- i e=
shall be deemed to constitute a separate infn
Time of
Print Name/Title of Officer: Date of Issuance:--&L--/---L---/
issued by.�$�rtifiecl Mail, Return Receipt Requested
,0' LJ Hand Delivery to Violator
r -h .. , ---- - M.-K.r at Ro6dence (15 vrs. or older) Specify Person -
I PM
NOTICE To VIOLATOR
This Citation is issued pursuant to to § 82-375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat.
Any person who is issued and receives this Citation shall immediately cease the act for which the Citation was
issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has
been issued and elect gfthpr_to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City
of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash
(do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at
105 Polk Avenue, Cape Canaveral, FL 32920. You must include a copy of this Citation with your payment;
OR
hin (10) days of receipt of this Citation, not including weekends and legal holidays, request an administrative
(2) Wit ance with the
hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accord
applicable, procedures set forth in the Cape Canaveral Code. All such requests for a hearing shalt be made in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shall constitute a waiver of the violators right to a hearing and such
waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code
Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil
penalty of not Less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation.
ine ap 1 2 commits a misdemeanor of the first degree upon first
Any unlicensed person violating subsections 489.127 or 489-13
offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(1) commits a felony
of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(l)
during the existence of a state of emergency declared by executive order of the Governor, commits a
felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes.
Your signature below does ngt constitute an admission of guflt; however, willful refusal to sign and accept this
Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jail as provided by
§775.082 or §775.083, Fla. Stat.
Date:
Signature of Violator:
original - To be Retained by the Cape Canaveral Code Enforcement Board
yellow Copy - To be Retained by Violator
pink Copy - To be Retained by City
EXHIBIT "A7
CITY OF CAPE CANAVERAL
co" CW
P"VK"L NOTICE OF HEARING
CITY �OF CAPE CANAVERAL Construction Citation: 0212
CIT
FloridayMunicipal Corporation, DATE: 10/04/12
Complainant,
V.
Respondent(s):
Louie E Maloney
Location of the Violation:
205 Johnson Avenue, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Construction Citation
#0212 attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are
corrected pursuant to Section 162.07, Florida Statutes, and Chapter 82, Article XV, of the City of Cape
Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
D D this 4th clay pf October, 2012
r 4 4 4
uree Alexander, Code Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cape e-mail: d. alexanderAcityofcapecanaveral.org
—CONSTRUCTION CONTRACTOR CITATION SITATION NO.: 0212,
ISSUING AGENCY: CITY OF §82-375 et. seq. City of Cape Canaveral Code; and/or
CAPE CANAVERAL §489.127, and/or §489.132(1), Florida Statutes.
The undersigned certified that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on:
of the Week: EAL2W
Month: Day:
-M
90 1 Year D1 -z— Time-/,�,'_50 O'A 0 PM
—Day
First Name: L-Ovrcl
M.I.:
Last Name: V" AA ot-JE�4
Address:
W k;tll
—Street
city: ( 4-
State:
1--4 , Zip Code: .3z
Phone No.L45 o cig5
7D.O.B.: 0�-6-P,(,4Race:
ISex- ryl I eiqh",:�,
Did commit M"i 82-375 Lt. seq. City of Cape Can�veraL Code - Construction Contracting Regulation Violation.
a violation of. C3 "89.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions and Occupations).
489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Qualified Construction companies).
Facts constituting Reasonable and Probable Cause: W1j!51Z10
Location of Violation: ZOS� A"eAlIvA,2
Penalty-. $500.00 for each violation. Each day such violation sKcontinue shalt be deemed to constitute a separate infraction.
Signature of Officer: "14 rime of Issuance-/_1_0_S5�;--LVAm El PM
PrintName/Titleof Officer: Q�/, 13, Date of Issuance: 015!; / _30_J2�26--- 1
Issued b)r. El Cptified Mail, Return Receipt Requested
U4and Delivery to Violator
Q Hand Delivery to Family Member at Residence (15 yrs. or older) Specify Person:
NOTICE TO VIOLATOR
This Citation is issued pursuant to to § 82-375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat.
Any person who is issued and receives this Citation shalt immediately cease the act for which the Citation was
issued. Upon receipt of this Citation, the violator shalt cease and desist from the act for which this Citation has
been issued and elect glihCr to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City
of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash
(do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at
105 Polk Avenue, Cape Canaveral, FL 32920. You must include a copy of this Citation with your payment;
OR
(2) Within (10) days of receipt of this Citation, not including weekends and legal holidays, request an administrative
hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the
applicable procedures set forth in the Cape Canaveral Code. All such requests for a hearing shalt be made in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shalt constitute a waiver of the vioLator's right to a hearing and such
waiver shalt be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code
Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil
penalty of not less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation.
The above remedies are not exclusive
Any unlicensed person violating subsections 489.127 or 489.132 commits a misdemeanor of the first degree upon first
offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(l) commits a felony
of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(l)
during the existence of a state of emergency declared by executive order of the Governor, commits a
felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes.
Your signature below does not constitute an admission of guilt; however, willful refusal to sign and accept this
Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jait as provided by
§775.082 or §775.083, Fla. StAt
Signature of Violator: Date:
Original - To be Retained by the Cape Canaveral Code Enforcement Board EXHIBIT "ir
Yellow Copy - To be Retained by Violator
Pink Copy - To be Retained by City
-C
I(z=- At
2 -Cl(, 20-3, 20 15
AO- - &vy`-N!A 7,
Duree Alexander
From:
Keith Bennett <keith.bennett@retailsite.net>
Sent:
Thursday, October 18, 2012 4:22 PM
To:
Duree Alexander
Cc:
Todd Morley
Subject:
Coral Shoppes
Duree — The email is in response to the discussion about the hearing on the cracked driveway behind my shopping
center. As I had indicated by way of the lengthy email I sent in July to the Code Board regarding this matter and our
current financial standing, we do not have the required $6000 to perform this repair at this time. I indicated that the
money would have to be accrued through an increase in the "CAM" (Common Area Maintenance) portion of my tenant!s
rents. I cannot do this until after the calendar year's cycle has completed, and we then make adjustments upward going
forward based on any variance in the costs required in maintaining the center.
I hate to have to raise rents at all since small businesses these days are just hanging on; witness the fact that I now have
2 vacancies costing close to $2500 in reduced cash flow in Coral Shoppes. We are paying off carry over indebtedness
incurred during the financial downturn when we lost most of the tenants except for Rent -A -Center.
When the last hearing on this matter was heard, it was my understanding that we would revisit this in January. Nothing
was subject to change in 90 days from July to October. I have laid out my ability to solve the matter and I would hope
the City would work with me where this is a relatively minor type of infraction that will not cause anyone any harm. it is
a matter of aesthetics more than anything else, and it is located in the very back corner of the property, essentially out
of sight. I believe my building is one of the best in along the AlA corridor in appearance and we have a high level of
pride as to maintaining its Image.
Thus, I ask for a tabling of this matter until late January when we may move financially to solve it. Please distribute this
email to your board, thank you.
KEITH BENNETT
RETAIL SITE DEVELOPMENT,, LLC
POB 1300, Viera FL 32941-1300
(321) 480-3400
kelth.bennettbretailsite.net
"Retail Real Estate DeveAWMent"
Member - ICSC Internadonal coundi of Shopping Centers
CONFIDENTIAUTY AND PRIVILEGE NOTICE
This e-mail and arty files transmitted with It are the property of Retail Site Development ILLC, are confidential and are intended solely for the use of the individual or
entity to whom this email is addressed. If you are NOT one of the named recipient(s) or the person responsible for delivering the e-mail to the Intended recipient,
be advised that you have received this e-mail in error and that you should notify the sender. Any other use, retention, dissemination, forwarding, printing, or
copying of this e-mail Is strictly prohibited.
AThink Green! Please consider our environment before printing this e-mail.
Duree Alexander
From:
Sent:
To:
Subject:
Dear Ms. Duree Alexander,
DOLORES NAGEL <doloresn@aol.com>
Wednesday, October 17,2012 10:52 AM
Duree Alexander
from Dolores Nagel
I'm so sorry that it has been impossible for me to come to Florida on the 18th of October. Unbeknownst to me, after my
last correspondence, a court trial which concerned a matter over 13 years ago has just become a reality in the courts. It
has been in the court system for almost 3 years and after MANY postponements the trial actually just took place. It went
on for one week and is still not finished.
The judge announced that the trial could resume on (unbelievable) October 18. That made it impossible for me to be in
Cape Canaveral on the same day.
I respectfully request that I be given more time to resolve the Jefferson Ave. property. If I could have till January, it would
be absolutely wonderful.
Someone recommended a person to take care of the lawn. It was mowed as you know, but after seeing the pictures you
emailed to me, I was appalled. My poor wonderful property looked just terrible. Thank you so much for sending them to
me. I will have him do a better job or try to find someone else. It's so hard being so far away.
By the way, the money I thought was coming tome after the first of October did not materialize. No big surprise I guess.
I am still working with SunTrust mortgage to have a short sale. The property will be listed as soon as I get there after the
trial.
I believe the property to be vacant. The gentleman in 203 turned out to be very difficult. I have not received any rent from
him for 3 months.
I assume he's gone. The neighbor across the street asked if he could park his van in 205 from time to time and of course
that was fine with me.
I so hope that we can work this situation out together to have a happy ending. No one wiill be more relieved than 1.
Thank you so, so much for all your help.
Regards.
Dolores Nagel
Dolores Nagel
Tel: 517-351-7136
Municode Page I of I
Sec. 82-383. - Administrative hearings; accrual of penalties.
(a) All administrative hearings held pursuant to this article shall be conducted by the code
enforcement board in accordance with the requirements of the Local Government Code
Enforcement Boards Act.
(b) During the administrative hearing, if the violator demonstrates to the code enforcement board
that the violation is invalid or that the violation has been corrected prior to appearing before
the code enforcement board, the code enforcement board may dismiss the citation unless
the violation is irreparable or irreversible, in which case the code enforcement board may
order the violator to pay a civil penalty as set forth in subsection (c) below.
(c) During the administrative hearing, if the code enforcement board finds that a violation exists,
the code enforcement board may order the violator to pay a civil penalty of not less than the
amount set forth on the citation but not more than $1,000.00 per day for each violation. In
determining the amount of the penalty, the code enforcement board shall consider the
following facts:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation.
(3) Any previous violations which were committed by the violator.
(d) During the administrative hearing, if the code enforcement board finds that the violator had
not contested or paid the civil penalty set forth in the citation within the time required in this
article, the code enforcement board shall enter an order ordering the violator to pay the civil
penalty set forth on the citation, and a hearing shall not be necessary for the issuance of
such order.
(e) All civil penalties imposed by the code enforcement board under this article shall continue to
accrue until the violator comes into compliance or until a judgment is rendered by a court to
collect or foreclose on a lien filed under this article, whichever occurs first, regardless of
whether or not the order of the code enforcement board sets forth this accrual requirement.
(Ord. No. 09-2004, § 1, 5-18-04)
hq-111!braTy.muTiieede.comlprint.aspx?h=&clientID=12642&HTMRequest--http%3aOlo2E.. 10/18/2012