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HomeMy WebLinkAboutCEB 1-17-2013Call to Order Roll Call ty of Cape Canaveral Department Community & Economic Development AGENDA :)E ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE JANUARY 17, 2013 6:00 P.M. Establish Next Meeting Date: February 21, 2013 NEW BUSIN_ESS'_ 1. Approval of Meeting Minutes: December 11, 2012 gOMPLIANCE H�EARI�NG& ion 105.1, Permit Required; Section 109.1, 1. Case No. 12-00003 - Violation of Sect s adopted by Section 82-31, of the Inspections General, of the Florida Building Code, a 34-96(d), Standards Established; city of Cape Canaveral Code of Ordinances; Section Building Appearance and Maintenance; Section 78-27, Connection with Section 34-98(6) 2, Principal Uses and Sewer Required; Section 78-128, Change of Use; Section 110-29 y Structure; Structures; Section 110-296, Area and Dimension; Section 110-468, Accessor f Spaces Required; Section 110-551(a)(2)(b), Location of Section 110-491, Number o of the Florida Fire Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (35o Monroe Ave.) — Antonio Romano, Property Owner. Case No. 12-00006 — Violation of Section 301.3, Vacant Structures and Land; Section 2. ways; Section 303.4, Structural Members; Section 303.6, 302.3, Sidewalks and Drive .10, Stair and Walking Exterior Walls; Section 303.7 , Roofs and Drainage; Section 303 ion 303.14, Window, Skylight and Door Frames; Section 303.16, Doors; Surfaces; Sect national Property Maintenance Code Section 304.3, Interior Surfaces, of the of the Inter (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 Section 301.1, General, of the Standard Unsafe Building Code of Ordinances; and Ili, Property Abatement Code (1985 Edition), (7521 Magnolia Ave.) — Lenny Cassane Owner. lation of Section 303.1, General; Section 303.4, Structural 3. Case No. 12-00012 - ViO oofs, and Drainage, of the International Property Maintenance Members; Section 303.7, R -221 , of the City of Cape Canaveral Code Code (1998 edition), as adopted by Section 82 1, Property Owner. of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. Nage 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapec�anayer�al-or , e-mail: infb�&'citvo ca e�canaveral.org Code Enforcement Board Agenda January 17, 2013 Page 2 4. Case No. 12-00015 - Violation of Section 105.1, Permit Required; Section 110.1, of the Florida Building Code (2007 edition), as adopted by Section inspections General, ces; and NEC Section 225.61(a), 82-31, of the City of Cape Canaveral Code of Ordinan 8 Jefferson Ave.) — Robert M. Clearances over Buildings and Other Structures, (21 Barthelme, Property Owner. Case No. 12-00055 - Violation of Section 105.1, Permit Required; 0 Se9jiGTT' 110 - 1, 5. Inspections General, of the Florida Building Code, as adopted by Secti n82-31, of the City of Cape Canaveral Code of Ordinances, (8406 Canaveral Blvd.) — Carol j. Williams, Property owner. emporary On -Premises Signs, of 6. Case No. 12-00060 — Violation of Section 94-76(4)(7), T I Beach Gardens Unit the City of Cape Canaveral Code of Ordinances, (Cape Canavera _ -0016 — 2, Lot 16, Blk 3, Plat Book 0017, Page 0081; Parcel Id: 24-37-14-51 00003.0 .00) Charles Pindziak, Property Owner. Signs, of 7. Case No. 12-00061 — Violation of Section 94-76(4)(7), Temporary On -Premises dens Unit the City Of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gar 2, N 110 Ftof Lot8 ExW 25 Ft, BIk8, PlatBookOO17, Page 0081; Parcel Id: 24-37-14- 51-00008.0-0008-01) — Charles W. & Helen Chapman Pindziak, Property Owner. 8. Case No. 12-00062 — Violation of Section 94-76(4)(7), Temporary On -Premises Signs, of the City of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens Unit 2, All Lot 7 & W 25 Ft of Lot 8, Blk 8 Pars 7.01, 7.02 & 7.03, Plat Book 0017, Page 0081; Parcel Id: 24-37-14-51-00008.0-0007.00) — Charles W. & Helen Chapman Pindziak, Property Owners. On -Premises Signs, of 9. Case No. 12-00063 — Violation of Section 94-76(4)(7), Temporary I Beach Gardens Unit the City of Cape Canaveral Code of Ordinances, (Cape Canavera Id: 24-37-14- 2, Lot 11 Ex S 75 Ft & W 10 Ft, Blk 7, Plat Book 0017, Page 0081; Parcel 51-00007.0-0011 .00) — Charles W. & Helen Chapmen Pindziak, Property Owner. 10. Case No. 12-00064 — Violation of Section 94-76(4)(7), Temporary On -Premises Signs, of the City of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens Unit 2, E 50 Ft of Lot 19 Ex N 76 Ft & W 50 Ft of Lot 20 Ex N 76 Ft, Blk 9, Plat Book 0017, Page 0081; Parcel Id: 24-37-14-51-00009.9-0019.02) — Charles W. & Helen Chapmen Pindziak, Property Owner. Pursuant to Section 286.0105 F.S., the City hereby advises the public that: If a person decides to appeal any decision I . ered at this meeting, that person will need a made by the Code Enforcement Board with respect to any matter consid that a verbatim record of the he proceedings and for such purpose that person may need to ensure This record of t whic� record includes the testimony and evidence upon which the appeal is to be based. proceedings is made, duction or admission into evidence of otherwise inadmissible notice does not constitute consent by the City for the intro or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons With disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting - CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES DECEMBER 11, 2012 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on December 11, 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. MEMBE IS PRESENT Mary Russell Raymond Viens James Hale Ralph Lotspeich MEMBERS ABSENT Walter Godfrey Karen Hartley Lynn Mars OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Glenn Pereno Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney Building official The Board members established that the next meeting would be held on January 17, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1 �tes: October 18, 2012. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of October 18, 2012, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes December 11, 2012 Page 2 PUBLIC HEA�RINGS* Case No. jo-00140 — Violation of Section 108 1 Unsafe Structures and E uipment; cture Unfit 'or Hu rnan )ccup 3ncy; Section 303. 1. G neral;- Section Section, '108.1-3. Stru n 303.7 Roofs and Drainage, Section 303.11. �303.4 �Struclural K��em �e�rsSectio S 3nd Balconies, ection 304.1 General, Section 304 2 Stai s. D eicgks- Porches,, irnational Property Maintenance Code (1998 edition), as Stru t-.4- -f rnnn rnnnvpral Code of ordiinancesC8713 duuPL �. Nelson Estate 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 violation is for the condition of the structure. Officer Alexander explained that the roof is leaking water inside the unit that is causing extensive damage and black mold. officer Alexander stated that this Case was heard by the Code Enforcement Board on May 19, 2011 and there is a Board Order imposing a fine in the amount of one hundred dollars ($100-00) per day; however, due to the fact that a neighboring property is being adversely affected, she requested that the fine be increased to two hundred and fifty dollars ($250.00) per day. officer Alexander respectfully requested that the Board find the Respondent in violation of Section 108.1, Unsafe Structures and Equipment; Section 108.1.3, Structure Unfit for Human occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1, General; Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and amend the Board Order to increase the amount of the fine to two hundred fifty dollars ($250-00) per day, until found in compliance. Motion by Mr. Viens, seconded by Mr. Hale, to accept Staffs recommendation and find the respondent in violation and amend the Board Order to increase the amount of the fine to two hundred fifty dollars ($250-00) per day, until found in compliance. Vote on the motion carried unanimously. 1) 00060 — Violation of Secticil''I 121111 , i Jpe 1 7), I. Teil::, i, mpioriary On-Premisg§ 2. Case No. 1 -4F n A In 12nf-A=Q (r.nnp Canaveral Beach Gardens 1 -1 OgIg Pinaziak, Propt[jKP—Mer, .00) — Charles 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 height of signs on the residential property. officer Alexander stated that she would present the next four Cases and give the Respondent a chance to testify before giving Staff's recommendation. Code Enforcement Board Meeting Minutes December 11, 2012 Page 3 3. Case No. 12-00061 - Violation of Section 94-76(4)(7). Temporary On -Premises S-Qns, of the City of [,'ape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens Unit 2. N 11 Blk 8. plat Book 0017, Page 0081: Parcel Id: 24- 37-14-51-00008.0-0008.01) - Charles W. & Helen ChaDman Pindziak, 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 height of signs on the residential property. 4. Case No. 12-00062 - Violation of Section 94-76(4)(7). Temporary On -Premises Si-qns, of the Ci!y of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens Unit 2. All Lo — Ik 8 Pars 7.01, 7.02 & 7.03, Plat Book 0017, Page 0081: Parcel Id: � 24-37-14-51-00008.0-0007.00) - Charles W. & Helen Chapman Pindziak, Property Owners. 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 height of signs on the residential property. 5. Case No. 12-00063 - Violation of Section 94-76(4)(7). Temporary On -Premises Signs, of the City of C De Canaveral GOde of Ordinances, (Cape -Canaveral Beach Gardens Unit 2. Lot 11 Ex S 75 Ft & W 10 Ft, Blk 7. Plat Book 00 17. Page 0081 - Parcel Id: 24- 37-14-51-0 )007. )-0011 .00) - Charles W. & Helen ChaDmen Pindziak. 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 height of signs on the residential property. 6. Case No. 12-00 64 - Violation of Section 94-76(4)(7). Temporary On-Premises-Si� g_ns of th City of Cape Canaveral Code of Ordinances, - (Cape Canaveral Beach Gardens Unit E 5) Ft of Lot 19 Ex N 76 Ft & W 50 Ft of Lot 20 Ex N 76 Ft. Blk 9. Plat Book 0017, Page 0081: Parcel Id: 24-37-14-51-00009.9-0019.02) - Charles W. & Helen Chapmen Plindziak 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 height of signs on the residential property. Charles Pindziak, Property Owner, testified that the City has cited him for having more than three no trespassing signs on his property and for the height of the signs. Dr. Pindziak stated that he has a right to protect his land. Dr. Pindziak read into record; Florida Statutes Chapter 810.011(5) "Posted land" is that land upon which; signs are placed not more than 500 feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than 2 inches in height, the words "no trespassing" and in addition thereto the name of the owner, lessee, or occupant of said land. Said signs shall be placed along the boundary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary. Code Enforcement Board Meeting Minutes December 11, 2012 Page 4 Dr. Pindziak explained that, earlier in the year, he met with Sargent Picus from the Brevard County Sheriff's Department who instructed him as to how the property was to be legally posted in order for the Sheriff's Department to arrest any trespassers. Dr. Pindziak stated that a sign posted at each corner is at least four signs and the City's Code limits property owners to three signs. Dr. Pindziak further stated that he has been cited for having signs that exceed four feet in height; however, if the signs were four feet high they would not be visible because of a six foot fence or wall and therefore would not be legally posted. He explained that when he had the signs at about four in height, people would take them down. After he increased the height, he has not had any signs removed, allowing him to legally post his property. Dr. Pindziak testified that the City Code prevents him from legally posing his property according to the Florida Statutes. He further explained that there are twelve exemptions to the City Code and believes the City could add one more exemption regarding 'No Trespassing' signs. Dr. Pindziak stated that the signs are accomplishing what he need at this time. The following Staff Recommendation and Motion are for Case No. 12-00060, Case No. 12- 00061, Case No. 12-0006Z Case No. 12-00063, and Case No. 12-0064: Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 94-76(4)(7), Temporary On -Premises Signs, 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 seventy-five ($75.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Motion by Mr. Viens, seconded by Mr. Hale, 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 seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter, until found in compliance. Vote on the motion carried unanimously. 7. Case No. 12-00071 — Violation of Section 108.1. Unsafe Structures and Ecluipment: Section 108.1.3. Structure Untit tor Human Occupancy: Section 303.1, General, -Section 303.4. Structu al Members: Section 303.7 Roofs and Dminage; Section 303.11, Stai mys, Deck;. Porches and Balconies- Section 304 1 General-, Section 304.2. structural Members, of the International Property Maintenance Code (1998 edition), as adopte by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8771 Cocoa Ct.) — Wells Fargo Bank, N.A., c/o Andrew Hohensee. 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 an unsafe structure. Officer Alexander stated that there are numerous violations and the property was posted Unsafe on September 14, 2012. Officer Alexander further stated that, during a site visit, she witnessed standing water on the floor inside the unit. She explained that the water was pouring into the unit and the walls and ceiling were covered with black mold. Officer Alexander stated that there is evidence that the adjoining property owner is being adversely affected. Code Enforcement Board Meeting Minutes December 11, 2012 Page 5 Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 108.1, Unsafe Structures and Equipment; Section 108.1.3, Structure Unfit for Human occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1, General; Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and impose a fine in the amount of the fine to two hundred fifty dollars ($250-00) per day, until found in compliance. Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff s recommendation and find the respondent in violation and impose a fine in the amount of two hundred fifty dollars ($250-00) per day, until found in compliance. Vote on the motion carried unanimously. 1:& UUUOO VIU10LIU1 1 %11 8. gCase No. - - - - - --Rnofs e, o --ft hn e -in-1 7 Section 303.6. Exterior Walls: Section 303.7. Roofs and Drai iag Members, 82-2 1-t=rnnfinn,q1 ProDertv Maintenance Code (1998 edition), as adopted by Section____21, 01-A I init )ni — ---- - — i. Prope!ly —Owners. Code Enforcement officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that violation is for the condition of the property. Officer Alexander stated that the property was in foreclosure; therefore she contacted the bank and received a ticket number; however she has not had any further contact. Numerous site visits reveled water damage to unit 2D and to the adjoining unit. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.6, Exterior Walls; 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 impose a fine in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100-00) per day thereafter, until found in compliance. Motion by Mr. Viens, seconded by Mr. Hale, to accept Staffs recommendation and find the respondent in violation and impose a fine in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter, until found in compliance. Vote on the motion carried unanimously. ADJ URNMENT: There being no further business the meeting adjourned at 6:53 P.M. Approved on this day of, Joy Lombardi, Board Secretary 2012. Mary Russell, Chairperson City of Cape Canaveral Community & Economic Development Department cmw CODE ENFORCEMENT 0;�� NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00003 A Florida Municipal Corporation, DATE: 1/7/13 Complainant, V. Respondent(s): Antonio Romano Location of the Violation: 350 Monroe Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2013, 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. D this 4th day o an 2013 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 wVwVrw.cityofcapecanavera1.org e-mail: info@cityofcapecanaveral.org City of Cape Canaveral Building Department/Code Enforcement C"W can CODE ENFORCEMENT BOARD or CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00003 A Florida municipal corporation, Complainant, V. Antonio Romano Owner of the Property located at: 350 Monroe Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOTS 14,15 BLK 21 PLAT BOOK 0003 PAGE 0007 Respondent, 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. 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 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, 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 110-292, 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 Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Nv­ww.cjtyofcapecanaveral.o e-mail: inf6(a_),cityofc4peca averal.org Case #12-00003 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, 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 110-292, 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 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. 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: I . Respondent be given until January 17, 2013 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 one hundred dollars ($100.00) 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. Case #12-00003 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 cy)" L=� gary Ru -611-11, Chairperson 7 Copies furnished to: Antonio Romano, Property Owner City of Cape Canaveral, Case File W cny or CAP41 CANAVSK" CITY OF CAPE CANAVERAL 7NOTICE OF COMPIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00006 A Florida Municipal Corporation, DATE: 1/04/13 Complainant, V. Respondent(s): Lenny Cassanelli Location of the Violation: 7521 Magnolia Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2013, 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 4th day of January,2013 ee ALlexander, Code 4Eforeement Offfificer 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. alexander(a-),citvofcapecanaveral.org or City of Cape Canaveral Building Departihent/Code Enforcement CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v Lenny Cassanelli Owner of the Property located at: 7521 Magnolia Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 15 EX N SOFT & LOT 16 EX N 50 FT BLK 43 PLAT BOOK 0003 PAGE 0007 Respondent, Case #12-00006 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 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), exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 V1WW.cit,yofcayecanaveral.org e-mail: inf6Acityofqqpecanqverql.or Case #12-00006 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 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); 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 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 January 17, 2013 to correct any violation of the City Code on the Property; with the condition that the Respondent maintain the exterior of 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 two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) 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. Case #12-00006 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 Mary Rus -All, Chairperson 07 Copies furnished to: Lenny Cassanelli City of Cape Canaveral, Case File V City of Cape Canaveral Community & Economic Development Department NOTICE OF HEARING 01�ffi CITY OF CAPE CANAVERAL CASE No. 2012-00012 A Florida Municipal Corporation, DATE: 1/7/13 Complainant, V. Respondent(s): Dolores G. Nagel, P.O Location of the Violation: 201,203,205 Jefferson Avenue, Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2013 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 Second 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. ;ED this 7athda 4oJanuary 2 1 —e -e Alexander Code Enforcement Officer 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.or e-mail: info (a-kitypfcgpecanaveral. org C"W CAM CMMWWAL 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 1 &WA of LOT 2 BLK 14 PLAT BOOK 0003 PAGE 0007 Respondent, Case #12-00012 2 ND 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 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. 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 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 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.or e-mail: info(a-),cityofeapecanaveral.or 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. 7. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on October 18, 2012. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until January 17, 2013 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. Case #12-00012 DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of October, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA -�2qa&z' P"If Mary Rus#II, Chairperson Copies furnished to: Dolores G. Nagel, Property Owner City of Cape Canaveral, Case File a"M C"W C0144waft" City of Cape Canaveral Community & Economic Development Department NOTICE OF COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00015 A Florida Municipal Corporation, DATE: in113 Complainant, V. Respondent(s): Robert M. Barthelme, P.O. Location of the Violation: 218 Jefferson Avenue, Cape Canaveral, Fl, 32920 A BEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2013, 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, EF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S BEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. TED this 7* anua, 2 January, 2013 y Y' 01' f �Tcer or in Puree Alexander, CodeEnforcement Offiri 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanayera1.or e-mail: info (i�cityo fegpecanaveral. org City of Cape Canaveral Building Department/Code Enforcement CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00015 A Florida municipal corporation, Complainant, a Robert M. Barthelme owner of the Property located at: 218 Jefferson Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA E 31.67 FT OF LOT 14 & W 30 FT OF LOT 15 BLK 8 PLAT BOOK 0003 PAGE 0007 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 October 18, 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. Findinas 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 (2007 edition), as adopted by Section 82-31, 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; 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 N�-��-�,N.clt,,)ofcapecanaveral.or�z e-mail: info Zcitvo fcanecan a,, nra Case #12-00015 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 (2007 edition), as adopted by Section 82-31, 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 January 17, 2013 to correct the violation of the City Code on the Property by obtaining the required permit; 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 one hundred dollars ($100.00) 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 October 18, 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 #12-00015 DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of October, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ#ll, Chairperson Copies furnished to: Robert M. Barthelme, Property Owner City of Cape Canaveral, Case File PCITYCity of Cape Canaveral C cmer Community & Economic Development Department NOTICE OF COMPLIANCE HEARING Cj !OF CAPE CANAVERAL CASE NO. 2012-0005 5 A Florida Municipal Corporation, DATE: 1/7/13 Complainant, V Respondent(s): Carol J. Williams Location of the Violation: 8406 Canaveral Blvd., Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2013, 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, WIRCH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D th day of January 13 0',"rL 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.cityofcqpecanaveral.or e-mail: infoggityofcapecanaveral.org C" (W C1W% CAMVXR" City of Cape Canaveral Building Department/Code Enforcement CODEENFORCEMENTBOARD CITY OF CAPE CANAVERAL9 FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Carol J. Williams -Renshaw Owner of the Property located at: 8406 Canaveral Blvd. Cape Canaveral, FL 32920 LEGAL: CONFIDENTIAL Respondent, Case #12-00055 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. Findinp-s of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: I . 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 I 10. 1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, 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.cityofcqpecanaveral.org e-mail: infoggityofc�1pecanaveral.org Case #12-00055 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 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 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: I . Respondent be given until January 17, 2013 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 imj)osed pursuant to this paragrah shall be retroactively - - ptember 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 #12-00055 DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of September, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA � UP WIN@ IP elil th—airperson Copies furnished to: Carol J. Williams -Renshaw, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department NOTICE OF COMPLIANCE HEARING )F CAPE CANAVERAL unicipal Corporation, t' Respondent(s): Charles W. Pindziak CASE No. 2012-00060 DATE: 1/7/13 Location of the Violation: Cape Canaveral Beach GDNS Unit 2, Lot 16, BLK 3, PB 0017, PG 0081; Parcel ID #24-37-14- 51-00003.0-0016.00, Cape Canaveral, Fl, 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2013, 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 TIRE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIN4 RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D this 7th d4y of January, 2013 W—ree Alexander, Code 6forcement Officer -- 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, Fl, 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.or e-mail: info@,cityofcqpecanaveral.org C"T4W CAM CAIGAVOWL 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. Charles Pindziak owner of the Property located at: Vacant Parcel (ID# 24-37-14-51-00003.0-0016.00) Cape Canaveral, FL 32920 LEGAL: Cape Canaveral Beach Gardens Unit 2, Lot 16, Blk 3, Plat Book 0017, Page 0081 Respondent, Case #12-00060 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 December 11, 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. Findinas 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 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 94-76(4)(7), Temporary On -Premises Signs, 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 94-76(4)(7), Temporary On -Premises Signs, 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 ,A,ww,cityofcapecanayerql.qrg e-mail: info Ciz]cityo fcqpecan averal. or Case #12-00060 5. That said violations exist 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 January 17, 2013 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 seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) 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; 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 1 1th day of December, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Ru§#ell, Chairperson Copies furnished to: Charles Pindziak City of Cape Canaveral, Case File Community & Economic Development Department City of Cape Canaveral 1!=!!NOT310E OF COMPLUNCE HEAWNG THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Charles W. & Helen Chapman Pindziak, H/W CASE No. 2012-00061 DATE: 1/7/13 Location of the Violation: Cape Canaveral Beach GDNS Unit 2, N I 10 FT OF LOT 8 EX W 25 FT BLK 8, PB 00 17, PG 0081; Parcel ID #24-37-14-51-00008.0-00008.01, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2013, 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 sball 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 BEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DrD this 7th day qf November, 201 buree 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.cityofcqpecanaveral.or e-mail: info (a_),citvofcVecanaveral. org City of Cape Canaveral Building Department/Code Enforcement CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00061 A Florida municipal corporation, Complainant, Im Charles W. & Helen Chapman Pindziak Owner of the Property located at: Vacant Parcel (ID# 24-37-14-51-00008.0-0008.01) Cape Canaveral, FL 32920 LEGAL: Cape Canaveral Beach Gardens Unit 2, N 110 Ft of Lot 8 Ex W 25 Ft, Blk 8, Plat Book 0017, Page 0081 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 December 11, 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. Findinas 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 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 94-76(4)(7), Temporary On -Premises Signs, 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 94-76(4)(7), Temporary On -Premises Signs, of the City Code; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 WWW.city,ofcapecanaveral.or e-mail: info (o-)cityo fcqpecanaveral. or Case #12-00061 5. That said violations exist 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 January 17, 2013 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 seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) 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; 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 1 1th day of December, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Z :,� CC Mary Ruc-19611, Chairperson Copies furnished to: Charles W. & Helen Chapman Pindziak City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department CAM CANWM" NOTICE OF COMPLIANCE HEARING RIIE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Charles W. & Helen Chapman Pindziak, H/W CASE No. 2012-00062 DATE: 11/28/12 Location of the Violation: Cape Canaveral Beach GDNS Unit 2, ALL LOT 7 & W 25 FT OF LOT 8, BLK 8, PARS 7.01, 7.02 & 7.03, PB 0017, PG 0081 Parcel 1D# 24-37-14-51-00008.0-0007.00 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2013, 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. DATED this 7th day of January, 2013 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 1 --) I nra P-rnnil- 'nfn(n City of Cape Canaveral Building Department/Code Enforcement CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00062 A Florida municipal corporation, Complainant, M Charles W. & Helen Chapman Pindziak Owner of the Property located at: Vacant Parcel (ID# 24-37-14-51-00008.0-0007.00) Cape Canaveral, FL 32920 LEGAL: Cape Canaveral Beach Gardens Unit 2, All Lot 7 & W 25 Ft of Lot 8, Blk 8 Pars 7.01, 7.02 & 7.03, Plat Book 0017, Page 0081 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 December 11, 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. Findinas 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 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 94-76(4)(7), Temporary On -Premises Signs, 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 94-76(4)(7), Temporary On -Premises Signs, of the City Code; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Nx,,A,w.cltvofea-Decanaveral.org e-mnil- Infona c1tvnfr.,qnP.rqnqxTerqJ nrcr Case #12-00062 5. That said violations exist 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 January 17, 2013 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 seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) 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; 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 1 1th day of December, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Ruoell, Chairperson Copies furnished to: Charles W. & Helen Chapman Pindziak City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department NOTICE OF COMPLIANCE HEARING RIM CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Charles W. & Helen Chapman Pindziak, H/W CASE No. 2012-00063 DATE: 1/7/13 Location of the Violation: CAPE CANAVERAL BCH GDNS UNIT 2, LOT I I EX S 75 FT & W 10 FT BLK7, PB 00 17, PG 0081, Parcel ID # 24-37-1451-00007.0-0011.00 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 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) occurTing 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 coffected 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. rD D this 7th ber, 2013 ,IAI,Z- = Duree Xlexander, nde Enforcement Officer 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 w�N,�N,.cltvofcanceanaN,-er,ql.nrc, e-rnnil- Infn 07 nrey City of Cape Canaveral Building Department/Code Enforcement C"V or CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00063 A Florida municipal corporation, Complainant, Im Charles W. & Helen Chapman Pindziak Owner of the Property located at: Vacant Parcel (ID# 24-37-14-51-00007.0-0011.00) Cape Canaveral, FL 32920 LEGAL: Cape Canaveral Beach Gardens Unit 2, Lot 11 ExS 75 Ft&W 10 Ft, Blk7, Plat Book 0017, Page 0081 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 December 11, 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 94-76(4)(7), Temporary On -Premises Signs, 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 94-76(4)(7), Temporary On -Premises Signs, of the City Code; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofeapecanaveral.org e-mail: 'nf6@cityofcapecanaveral.or_g Case #12-00063 5. That said violations exist 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 January 17, 2013 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 seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) 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; 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 V1. DONE AND ORDERED at Cape Canaveral, Florida, this 1 1th day of December, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Ry�sell, Chairperson Copies furnished to: Charles W. & Helen Chapman Pindziak City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department NOTICE OF HEARING q7HE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Charles W. & Helen Chapman Pindziak, H/W CASE No. 2012-00064 DATE: 1/7/13 Location of the Violation: CAPE CANAVERAL BCH GDNS UNIT 2, E 50 FT OF LOT 19 EX N 76 FT a W 50 FT OF LOT 20 EX N 76 FT BLK 9, P13 00 17, PG 008 1, Parcel ID #24-3 7-14-51-00009.0-0019.02 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2013, 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 TTIE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D ED this 7fli day of November 2013 X- �-' . r'e'l ill e A/2,3 41n-, — Duree Alexander, Enforcement Officer 7510 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 1 1 -) 1 tvofc.,qn(-.r..qnAx7i-.rq1 nra P-tnnil- infnrn ritwnF,--nn'-PO�0-�—] -- City of Cape Canaveral Building Department/Code Enforcement C" or 4W CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERALv FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00064 A Florida municipal corporation, Complainant, V. Charles W. & Helen Chapman Pindziak Owner of the Property located at: Vacant Parcel (ID# 24-37-14-51-00009.9-0019.02) Cape Canaveral, FL 32920 LEGAL: Cape Canaveral Beach Gardens Unit 2, E 50 Ft of Lot 19 Ex N 76 Ft & W 50 Ft of Lot 20 Ex N 76 Ft, Blk 9, Plat Book 00 17, Page 0081 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 December 11, 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. Findinas 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 94-76(4)(7), Temporary On -Premises Signs, 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 94-76(4)(7), Temporary On -Premises Signs, 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 wi�iy,7.cityofcal)ecanaveral.orR e-mail: 'nforac'tvofcaDecanavera1.orQ Case #12-00064 5. That said violations exist 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: I . Respondent be given until January 17, 2013 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 seventy-five dollars ($75.00) for the first day and fifty dollars ($50-00) 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; 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 1 1th day of December, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Copies furnished to: Charles W. & Helen Chapman Pindziak City of Cape Canaveral, Case File P52 i � 1 -0// 'q C) Cc, P-cq (c, ez )0-� -lo nci-liv, rc,,�C( to i � 1 -0// 'q C) Cc, P-cq (c, ez )0-� —e6 -c, &,gs L) L —e6 -c, &,gs IPA, pz),Ce --c— r -z" -Z� e -Lc e �2ce—oq, e Duree Alexander From: DOLORES NAGEL <doloresn@aol.com> Sent: Thursday, January 17, 2013 1:09 PM To: Duree Alexander Subject: Re: Letter ;Duree, Fortunately I was able to get down to Cape Canaveral and was able to do some major cleaning and fix -up in order to get this sold as quickly as possible. I had rented my unit furnished and was shocked to find the place completely trashed, dirty and most of my furniture gone – master bedroom set, dining room set, microwave, vacuum etc, etc. It was a challenge. (Same people who were supposed to keep the lawn mowed.) The property was listed on November 6 and has had several showings The bank, Sun Trust Mortgage, is very much involved since this has to be a Short Sale. The property value is almost $10o,000. less than the mortgage balance. A week ago the price was reduced by $25,000. and there have been many more showings and finally some interest. Pittner Real Estate. is the agency working with the property. Before leaving, I hired a maintenance man to keep up the exterior and the neighbors tell me it has been presentable since I left. I am praying that the city doesn't impose a lein on the property because it would make selling it much more difficult. Since the bank is already losing $100,000., adding more money to the banks loss will make it very, very difficult to negotiate a sale. It would then go into foreclosure and will just sit and detriorate for a long time.. I would hate to se that happen for all of our sake. Hope to get down there next month to do more cleanup and to make it more presentable. I will call you when I do. Again, thanks so, so much for all your help. You have been wonderful. Best - Dolores Dolores Nagel Tel: 517-351-7136 --Original Message— From: Duree Alexander <D.Alexander cit ofca ecanqvzrql nrn> TO: DOLORES NAGEL (doloresna-aol.com) -�—doloresng�aol.com> Sent: Tue, Jan 15, 2013 3:54 pm Subject: Letter Delores, Just wanted to see if you had an update for the Code Enforcement Board Hearing on Thursday. Haven't heard from you. Looks like the lawn guy is doing a good job. Please contact me when you get this. Thank you, Duree Alexander, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321)868-1222xl3 (321)868-1247(fax) d.alexanderO-citvofcapecanaveral.or�q www.citvofear)ecanaveral.org