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Home My WebLink AboutCEB 2-21-20134 ity of Cape Canaveral nmunity & Economic Development Department AGENDA ODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE FEBRUARY 21, 2013 6:00 P.M. Call to Order Roll Call Establish Next Meeting Date: March 21, 2013 NEW BUSINESS: 1 . Approval of Meeting Minutes: January 17, 2013 < ��? ,a 14a L -f, PUBLIC HEARINGS: Case No. 12-00043 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (200 International Dr., Unit 311) — Vincent M. Cubero, Jr., Property Owner. 17/1 Co,- P',Q'-V'2e_ Case No. 12-00078 — Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7077 N. Atlantic Ave.) — 770 Acres, LLC c,o Bill P. Willis, R.A. -00090 - Violation of Section 105.1, Permit Required; Section 110.1, Case No. 12 Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (280 Monroe Ave.) — Ronald H. & Christine T. Lero, Property Owner. Case No. 12-00089 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7108 & 7110 Poinsetta Ave.) — Hung Thien & Thanh Thi Vu, Property Owner. 5. Citation No. 0086 — Violation of Florida Statutes Section 489.127, Prohibitions; and Florida Statutes Section 489.132(l), Prohibited Acts by Unlicensed Principals, (7108 & 7110 Poinsetta Ave.) — Hung Thien & Thanh Thi Vu, Property Owner. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.or e-mail: infoA)cityofcqpecanaveral.org Code Enforcement Board Agenda February 21, 2013 Page 2 6. Citation No. 0114 — Violation Violation, of the City of Cape Section 489.132(l), Prohibited Theodore H. Cartwright. OLD BUSINESS: of Section 82-375, Construction Contracting Regulation Canaveral Code of Ordinances; and Florida Statutes Acts by Unlicensed Principals, (120 Jackson Ave.) — Case No. 12-00071 — 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, (8771 Cocoa CQ — Wells Fargo Bank, N.A., c/o Andrew Hohensee. (Application for Satisfaction or Release of Code Enforcement Lien.) Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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 JANUARY 17, 2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 17, 2013, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called the roll. MEMBERS PRE -SENT Mary Russell Raymond Viens James Hale Ralph Lotspeich Walter Godfrey MEMBERS -ABSENT Karen Hartley Lynn Mars OTH --_RS PRESENT Duree Alexander Joy Lombardi Kate Latorre Glenn Pereno Brian Palmer Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney Building Official Code Enforcement Officer The Board members established that the next meeting would be held on February 21, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1 . Appr)val of Meeting Miiutes: Dec mber 11 -2012, Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of December 11, 2012, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 17, 2013 Page 2 PUBLIC HEARINGS: Permit R, uired- Secti Case No. 12-00003 - Violation of Section 105 1 -31, of the Inspections G neral, of the _Florida Building Code, as adopted by Section B2 City of Cape Canaieral Code of Ordinances;.. Secti )n 34-96(d), tandards Egablished', Section 34-9 0) B jilding AppearanCD and Maintena ice- Section 78-27, Connection witli Sewer Required; Section 78-128, Change of Use; 3 . ection 110-292, P.rincip 11 Uses and Structures; Section 110-296, A -ea and Dimension: Section 110-468, Ac-,esso Structure; S,-ctio 110-491, Number of Space Required;, Section ll)-551(a)(2)(b), Location of Recreational Vehicles- and Section 31.3.4.5.1, Smoke Alarms, of he Florida ?6 of the City of Cape Canaveral Code Fire Pr,-ventiDn Code as adopted by Secti )n 38-2W of Ordinancesi (350 Monroe Ave.) — Antonio Romano, Propet&wner, Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the structure. Officer Alexander stated that the Respondent has met with the Building official regarding the status of the Case and was informed that the property was not in compliance. Jonathan Wrend, Contractor, testified they had obtained an interior demolition permit to determine the condition of the building. Mr. Wrend stated that during the investigative work they found that the entire building envelope is a total loss including the roof, electric, plumbing, and mechanical. He further stated that there are numerous structural components that would need to be brought up to Code prior to the property being habitable and stated that it would be cost prohibitive. Mr. Wrend explained that the property owner has decided to sell the property or demolish it in the event it does not sell and rebuild. Giuseppe Orlando, the Respondent's partner, testified that there are two contracts for the sale of the property; however, if the property does not sell in the next 15 days they will demolish the building and rebuild. Mr. Orlando stated that they need a little more time. officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Order imposing Penalty on First Violation, and impose the fine in the amount of one hundred and fifty dollars ($150-00) for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning on June 21, 2012. officer Alexander stated that Staff would support additional time for compliance. Motion by Mr. Viens, seconded by Mr. Lotspeich, to amend Staff's recommendation and find the respondent in non-compliance and be given until March 21, 2013 to come into compliance or impose a fine in the amount of one hundred fifty dollars ($150-00) for the first day and one hundred dollars ($100-00) per day thereafter retroactively beginning on June 21, 2012, until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 17, 2013 Page 3 2. Case No 12-00006 - Violation of Se�,tion 301.3, Vacant Strjctures and Land-, _Section 302 3 Sidewalks and Driveways; Section 303.4. Structural Members: �iectio 1-3-0-32,61, 10 Stair and Walking Exterior Walls: Section 303.7. Roofs and Drainage: Section 303. . 2 03 16 Door'. Surfaces: Section 303.14 Window, Skylight and Door Frames- Section I , _YY -, of the of the International Property Maintmnance Code Section 304. �, Int rior S irfaceE. — of Ca e Canaveral —code of 11QQA edition). as ado ted b Section 82-221 of the Ci . _r 1�_ -r t___� ronn%IP-ml Ordinances, ana z5ecuon 31+-WVjUj, of the Standard Unsafe Building Code of Ordinances-, and Section 301-1. General, ny Cass ne�- �Prop�erty Abatement Code (1985 Edition)_f7L,2_1MaqnoIia Avej-= —Len Owner. history and Code Enforcement Officer, Duree Alexander, provided an overview of the Case presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the structure. Officer Alexander stated that the Respondent has repaired the roof and has been maintaining the exterior of the property; however the property is not in compliance with the Board Order. Lenny Cassanelli, Property Owner, testified that he has hired a lawn service to maintain the exterior; he verified that the windows and doors were secure; and has listed the property for sale. Mr. Cassanelli stated that there are a few people interested in purchasing the property; lidays and they are awaiting the outcome of the however one contract has expired over the ho . Cassanelli Code Enforcement Meeting for possible liens, which would hinder the sale. Mr further stated that he has consulted with a contractor who informed him that the repairs would be under 50% of the total aggregate area and would not need to be brought up to the 2010 Building Code, as indicated by the Building Official, Glenn Pereno. Glenn Pereno, Building official, stated that Florida Statute 468 gives him the authority as Building Official to interpret the Code; therefore, based on the condition of the property, it is his interpretation as Building official that the repairs exceed 50% of the aggregate area. Mr. Pereno explained that Florida Statute 553 gives the Respondent the opportunity to appeal the opinion of the Building official to the State of Florida to overturn his decision. Mr. Cassanelli stated that the property is listed with a reputable real estate associate and requested that the Board grant him additional time to sell the property. Additionally, he stated that, if he maintained the exterior and the building is secure, he did not understand why he could not have the time it takes to sell the property. Officer Alexander respectfully requested that the Board find the Respondent non-compliance of the Amended Board Order Imposing Penalty on First Violation, and impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning on May 17, 2012 until found in compliance. Motion by Mr. Viens, seconded by Mr. Lotspeich, to amend Staffs recommendation and find the respondent in non-compliance and be given until March 21, 2013 to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($1oo.00) per day thereafter retroactively beginning on May 17, 2012 until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 17, 2013 Page 4 3. Case No. 12-00012 - Violation of Section 303.1, General: Section 303.4. S_tructural Members: Section 303 7 Roofs —and Drainage, of the International Property Ma�intenance Code (1998 edition, * ' 32-221 ' of the Cit of Cape Canaveral Code of Ordi iances (201, 203, 205 Jefferson Ave.) — Dolores G. Nagel, Property _Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the roof. Officer Alexander stated that, following a Notice of Violation, the Respondent obtained a re -roof permit for the repairs; however the work was not competed and the permit expired. Officer Alexander further stated that the property is for sale and that Respondent is staying in contact with the City. Officer Alexander presented a letter from the Respondent to the Board that requested additional time to come into compliance. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the 2 n' Amended Board Order Imposing Penalty on First Violation, and impose a fine in the amount of one hundred and fifty dollars ($150-00) for the first day and seventy-five dollars ($75.00) per day thereafter retroactively beginning on June 21, 2012 until found in compliance. Motion by Mr. Viens, seconded by Mr. Hale, to amend Staff's recommendation and find the respondent in non-compliance and be given until March 21, 2013 to come into compliance or impose a fine in the amount of one hundred fifty dollars ($150-00) for the first day and seventy- five dollars ($75.00) per day thereafter retroactively beginning on June 21, 2012, until found in compliance. Vote on the motion carried unanimously. 4. Case No. 12-00015 - Violation of Section 105.1. Permit Required- Section 110.1, inspections General, of the Florida Building Code ('2007 edition), as adopted by Section 82-31, of th City of Cape Canaveral Code of Ordinances- and NEC Section Z5,61Lal Clea ances over Buildings and Other Strui.�tupe�s. (218 Jefferson All!"1611e.) — Robert M. Barthelme, 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 work without a permit. Officer Alexander stated that the Respondent has obtained a permit and work has commenced on the property. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order imposing Penalty on First Violation, and be given until June 20, 2013 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100-00) per day thereafter retroactively beginning on October 18, 2012. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the respondent in non-compliance and be given until June 20, 2013 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100-00) per day thereafter retroactively beginning on October 18, 2012, until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 17, 2013 Page 5 Robert Bartheleme, property owner, updated the Board on the construction progress stating that he is doing most of the work himself so it is a little slower than usual. He was happy to report that he has installed hurricane straps on the trusses and received a large discount on his insurance. Mr. Bartheleme explained that he is about ready to have an in -progress inspection from the City. 5. case No. 12-00055 - Violation of Se tion 105.1, Permit Required; Section 110.1. Inspections Gene -al. of the Florida Building Code,.as adopted by Section 82-31, of the es, (8406 Canaveral Blvd.) — Carol J. Williams City of ' ape ',anaveral Code of Ordinanc Property Owner. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 6. case No., 12-0 )060 - Viol ation )f Section 94-76(4]1(7)� 1 Temporary On-Premjg�� of the City of Cape Canaveral Code of Ordinances, (C pe Canaveral Beach %Gardens Unit 2. Lot 16, Blk 3. plat Book 0017 Page 0081', Parcel lid: 24-37-14-51-00003.0- 0016.00) — Charles Pindziak, ELqperty er. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. Case No. 12-00061 — Violation of Section 94-70-1 7). Temporary On-Pre-nises Sigm 7. of the Cit of Cape Can veral Code of Ordinances, (Ca )e Canaveral Beach Gardens Unit !. N 110 Ft of Lot 8 Ex W 25 Ft Blk 8- Plat Book 0017 Page 0081, Par el Id: 24- ,:37-14-51-00008.0-0008.0l)—Chari�,,sW- &Helen Chapman Pindziak, Prope (Owner. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 8. Case No. 12-00062 — Violation of Section 94-70-1 7), Temporary On-Premj§�� of the City of Cape Canaveral Code of Ordinances, (Cape Canaveral Be ach Gardens Unit 2 All Lot 7 & W 25 Ft of Lot 8, Blk 8 Pars 7.01 7.02 & 7.03, Plat Book_Q�P�ae 0081, Parcel Id: 24-37-14-51-0)008.0-0007.00)- — Charles W. & Helen Chapman Pindziak, Prope y —Owners. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 9. Case No. 12-00053 — liolation of Secti )n 94-76(4)(7), Temporary On-Premja�� of the City of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens 1 10 Ft Blk 7. Plat Book 0 D 17. Page 008 1.- _Parcel Id: 24 - Unit 2. Lot 11 Ex S 75 Ft & 37-14-51-0 )007.0-0011 .00) — Charles W. & Helen Chapmen Pindziak, Property Owner. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 10. Case No. 12-00064 — Violation of Secti )n 94-76(4)(7). Temporary On -Pre -nises Signs, of th City of Cape C inaveral Code of Ordinances, (Ca)e Canaveral Beach Gardens Unit E 53 Ft of Lot 19 Ex N 76 Fit & W 50 Ft of Lot 20 Ex N 76 Ft, Blk 9, �Iat Book 0017, Pam, 0081, Pa,cel I 1: 24-37-1 �-51_00009.9_0019.02) — Charles W. & Helen Chapmen )indzi ik, P )perty Owner. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. Code Enforcement Board Meeting Minutes January 17, 2013 Page 6 11. Case No. 12-00083 —..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 F edition), as adopted by Section 82-221. of the City of Cape Canaveral Code of Ordinances, (8200 Canaveral Blvd.. Unit 2D) — John M. & Carol A Norton,, Property Owners. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. ADJOURNMENT: There being no further business the meeting adjourned at 7:05 P.M. Approved on this day of. Joy Lombardi, Board Secretary 2013. Mary Russell, Chairperson City of Cape Canaveral CODE ENFORCEMENT CAM CAMAVMAL P7 NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE NO. 2012-00043 A Florida Municipal Corporation, DATE: 2/06/13 Complainant, V. Respondent(s): Vincent M. Cubero, Jr. Canaveral Bay Condo. Association, Inc. C/O Marilyn Rigerman, R. A. Location of the Violation: 200 International Drive, Unit 311 Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21, 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 Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to coffect 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 T14AT 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 26th 4y of Feb 2013 eel Duree Ale der, Code Enforcement Officer -0326 75 10 N Atlantic Avenue _ P.O. Box 326 — Cape Canaveral, FL 32920 Telephone (321) 868-1222 — Fax (321) 868-1247 www.Myfiorida.c:)m/cape e-mail: cityofcapecanaveral.org i CAM CAftAVj:KAL NOTICE OF VIOLATION CITY OF CAPE CANAVERAL CASE NO. 2012-00043 A Florida Municipal Corporation, Date: 7/13/12 Complainant, V. Owners of the property located at: 200 International Drive, Unit 311, Cape Canaveral, FL 32920 Respondent(s): Vincent M. Cubero, Jr. Canaveral Bay Condo. Association, Inc. C/O Marilyn A. Rigerman, R. A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 200 international Drive, Unit 311, Cape Canaveral, FL 32920 2. Name and addressof owner(s) of property where violation(s) exist: Vincent M. Cubero, Jr. & Canaveral Bay Condo Association, Inc. 480 Mohawk Trial C/O Marilyn A. Rigerman, R. A. Merritt Island, FL 32953 200 N First Street, Cocoa Beach, Fl, 32931 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 '"r%Xn)U mvflnridscorn/cane e-mail:d.alexanderna citvnfc,9nP.r.nnqvPrn1 nra Page 2 2012-00043 Your property was posted with a stop work order on 7/10/12, for interior renovations that have been done without a permit. 3. Description of Violation(s) at property: 82-3 1, Florida Building Code Adopted; The Florida Building Code 2007 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. FLBC Section 105.1, Permits Required; Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC I 10. 1 General Inspection(s); Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. City of Cape Canaveral Code of Ordinances: Section 82-10, Stop Work Orders; Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. 7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cai)e e-mail: cityofeapecanaveral.org Page 3 2012-00043 4. Recommendation(s) to correct the violation(s) described above: • Stop all interior renovations until a penrnit has been obtained. • Obtain a permit and the required final inspection(s). Failure to comply within fifteen (15) days from receipt of this Notice shall result in ftirther action, as outlined in the previous page(s) of this Notice of Violation. if you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. 4VLLUOJ044c�_. Duree 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.Myflorida.com/cave e-mail: cityofcapecanaveral.org City of Cape Canaveral C" of CAM CMMVM� CODE ENFORCEMENT or NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00078 A Florida Municipal Corporation, DATE: 2/5/13 Complainant, V. Respondent(s): 770 Acres, LLC C/O Bill P. Willis, R. A. Location of the Violation: 7077 N Atlantic Avenue, Cape Canaveral, FL 32920 A BEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21, 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 Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF TIHE 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 BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DA7 this 5th day of Febrij"auzy, 20 3 Duiee Alexander, Cod6 En ement Officer 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofc4pecanaveral.org e-mail: infokcitypfcqpecanaveral.org C"T CW CAFff CANAVMAL CITY OF CAPE CANAVERAL NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2012-00078 A Florida Municipal Corporation, Date: 10/20/12 Complainant, V. Owners of the property located at: 7077 N Atlantic Avenue, Cape Canaveral, FL 32920 Respondent(s): 770 Acres LLC, C/O Bill P. Willis, R. A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. rth he In the event that the violations(s) is/are not corrected within the time period set fo above or t violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITI-IIN THE TIME PERIOD REQUIRED, THE RESpONDENT(S) MUST MvffiDIATELY NOTIFY TBE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 7077 N Atlantic Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: 770 Acres, LLC, C/O Bill P. Willis, R. A. 2001 SP Avenue, 4106 Vero Beach, Florida 32960 75ION Atlantic Avenue —P.O. Box 326 —Cape Canaveral, Fl, 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Page 2 2012-00078 A stop work order was placed on your property on October 19, 2012, for doing work without the required permits and approved inspections. 3. Description of Violation(s) at Property: 82-10, Stop Work Order; Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. Section 82-3 1, Florida Building Code Adopted; The Florida Building Code 2007 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. FLBC 105.1 Required Permit(s); Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC I 10. 1 General Inspection(s); Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Page 3 2012-00078 4. Recommendation(s) to correct the violation(s) described above: • You must cease all work until the required permit(s) have been obtained. • You will be required to obtain the approved final inspection(s). Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. Duree Alexander Code Enforcement Officer C 0 ity of Cape Canaveral ','ODE ENFORCEMENT qOTICE OF HEARING VERAL ion, Complainant, V. Respondent(s): Ronald H. & Christine T. Lero H/W Location of the Violation: 280 Monroe Avenue, Cape Canaveral, FL 32920 CASE No. 2012-00090 DATE: 2/8/13 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21, 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 Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD To THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED To ENSURE THAT A VERBATIM RECORD OF THE BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D TED this 7th day of February, 20 z:iXz:4 13 Duree Alexander, Code Enfbrcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cape e-mail: cityokapecanaveral-org or CAPF CASNAVEPAL CITY OF CAPE CANAVERAL NOTICE OF VIOLATION THE C1W OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Ronald H. & Christine T. Lero, H/W Owners of the property located at: 280 Monroe Avenue, Cape Canaveral, FL CASE NO. 20124)0090 Date: 12/14/12 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VL of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth- above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day fbr each first violation or up to $5,00 per day fbr each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(s) IS/ARE CORRECTED WaHN THE TIME PERIOD REQUIRED, THE REsPONDENT(S) MUST IMMEDIATELY NOTEFY THECODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 280 Monroe Avenue, Cape Canaveral, Fl, 32920 2. Name and address of owner(s) of property wbere violation(s) exist: Ronald H. & Christine T. Lero H/W 650 Atlantic Avenue, Apt 607 Cocoa Beach, Florida 32931 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Page 2 2012-00090 A stop work order was placed on your property on November 16, 2012, for doing work without the required permits and approved inspections. To date no permit has been issued for this work. 3. Description of Violation(s) at property: 82-10, Stop Work Order; Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. Section 82-3 1, Florida Building Code Adopted; The Florida Building Code 2007 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully setout. FLBC 105.1 Required Permit(s); Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC I 10. 1 General Inspection(s); Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation(s) to correct the violation(s) descn-bed above: • You will be required to hire a Licensed Contractor to obtain any and all required permits. • The work may resume once the required permit(s) have been obtained. • You will be required to obtain the approved final inspection(s) for all work done. Failure to comply within fifteen (15) days from receipt of this Notice shaH result in finther action, as outlined in the previous page(s) of this Notice of Violation. if you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Claneral, (321) 868-1222. Alexander Code Enforcement officer et" of QWV CA"VIX" City of Cape Canaveral CODE ENFORCEMENT NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00089 A Florida Municipal Corporation, DATE: 2/6/13 Complainant, V. Respondent(s): Hung Thien & Thanh Thi Vu, HAV Location of the Violation: 7108 & 7110 Poinsetta Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21, 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 Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 5th day of February, 2013 Duree Alexander, Cod6 Enforcement Officer 75ION Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cilyofcapecanaveral.org e-mail: inf6kcityofcqpecanavera1.org CAP9 CPAAVK"L CITY OF CAPE CANAVERAL NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2012-00089 A Florida Municipal Corporation, Date: 12/11/12 Complainant, V. Owners of the property located at: 7108 & 7110 Poinsetta Avenue, Cape Canaveral, FL 32920 Respondent(s): VU, HUNG TIEN. & VU, THANH THI H/W, PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 7108 & 7110 Poinsetta Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: VU, HUNG TIEN & VU, THANH THI H/W 3127 NEWFOUND HARBOR DR MERRITT ISLAND, Fl, 32952 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 xiinxr%xi mufln-ritin mm/nnne, e-mnil- tj n1evnneiprnn Page 2 2012-00089 our office received a complaint and a site visit was conducted on Dec 7, 2012. Observation of the property at 7108 and 7110 revealed new windows had been installed. A record search revealed that a permit had not been obtained. 3. Description of Violation(s) at property: Sec. 82-31, - Building Code. (FLBC) The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. FLBC Section 105 Required Permit(s) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC Section 110 General Inspection(s) Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation(s) to correct the violation(s) described above: 0 Obtain a permit for the installation of the new windows. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. Brian Palmer Code Enforcement Officer C 0 ity of Cape Canaveral CODEENFORCEMENT NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Hung Tien & Thanh Thi VU, H/W Construction Citation # 0086 DATE: 2/05/13 Location of the Violation: 7108 & 7110 Poinsetta Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21, 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 Construction Citation #0086 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 TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D this 6th February, 2 rr buree 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.cijyofcVecanavera1.o e-mail: infokcityofcapecanaveral.org CONSTRUCTION CONTRACTOR CITA ISSUING -AGENCY, CITY OF. _ CITATION NO.: 0086. 182-375 et seq. City of Cape Canaveral Code; and/or §499.127. and/or §489.13201. Florida Statutes. The undersigned certified that, upon personal investigation, tie/she has reasonable and probable grounds to believe, and does believe, that On: pay of the Week: -r"e':S Month: '17- [6y, 1 1 Year. ZoIT- -1 Timea06 XAM LJPM First Name: LANQ OW,3 I'kv% #V k M.I.: Last Name: .(A Street Address:,I 17,* AJ r:Q Lug t4o�u-6Aa- dv-. Aft-wj city. Me K4e4--rl-- ms state: Zip Code: Zq 5' Phone No.: I D.O.B.: Race: Sex: Height Did commit 1182-375 et. seq. City of Cape Canaveral Code - Construction Contracting ?egulation Violation. violation of. 1489.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions and Occupations). 1489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Qualified Construction companies). Facts constituting Plasonable and Probabie Cause: tt- V�oi"%AX Vl�- M%F %-VFW (4 #J (I, CA -141A CpftA-4"e,4,Lffl- ri'locationafftiation: -Al,& _J fit— aile A.A.Ae. PAAf,4&raA&1. FL Penaltr. $500.00 for each violation. Each day such violation shall continue shall be deemed to constitute a separate WIRKUWL Signature of Officer 7LZJCA .7,4p, rime of 1sswnce.P&rL- 11 AM El PM _ Print Name/Title of Officer '5 w-*' E Date Of Issuance: Z Issued by. Certified Mail, Return Receipt Requested Hand Delivery to Violator El Hand Delivery to Family Member at Residence (15 yrs. or older) Soecify Person - NOTICE M VIOLATOR This Citation is issued pursuant to to § 82-375 et seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat Any person who is issued and receives this Citation shall immediately cease the act for which the Citation was issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has been issued and elect tUcLto: (1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash (do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at 105 Polk Avenue, Cape Canaveral, FL 32920. You must include a copy of this Citation with your payment; .QR (2) Within (10) days of receipt of this Citation, not including weekends and legal holidays, request an administrative hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the applicable procedures set forth in the Cape Canaveral Code. All such requests for a hearing shall be made in writing to the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in writing within the ten (10) day time period shalt constitute a waiver of the violators right to a hearing and such waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil penalty of not less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation. The above remedies are not exclusive Any unlicensed person violating subsections 489.127 or 489.132 commits a misdemeanor of the first degree upon first offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(l) commits a fetorry of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(l) during the existence of a state of emergency declared by executive order of the Governor, commits a felony of the third degree, punishable as provided in 1775.082 or §775.083, Florida Statutes. Your signature below does = constitute an admission of guilt; however, willful refusal to sign and accept this Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jail as provided by 11775.082 or 11775.083, Fla. Stat ISignature of Violator Date: OrWnal - To be Retained by the Cape Canaveral Code Enforcement Board yellow Copy - To be Retained by Violator Pink Copy - To be Retained by City -x- 4 —2k- VN54' EMBIT "Ar PF City of Cape Canaveral Commu & Economic Development Department CODE RTWACEMENT NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Theodore H. Cartwright Location of the Violation: 120 Jackson Avenue, Cape Canaveral, Fl, 32920 Construction Citation # 0 114 DATE: 2/06/13 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21, 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 Construction Citation #0 114 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 A -TED this 6th day of February, 2013 T;1" &rle- . a" - �_ uree Alexander, Code forcement Officer 7510N Atlantic Avenue -P.O. Box 326 -Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: infogcilyofcapecanaveral.org CON . STRUCTI I CITAT161 k: ik �ONTRACTOR CITATI CITY OF 462476 et. seq.Citj�cf' a ciria�tral Code-, and/or iA46 cAft WAVERAL 489.1-97,indlor '. k's rpo 1`64�~Ku "" — — — — — — — — — - .22 fiWA-1011 calftcti i*1 6,0401k6a: I P 9 ry "-O.ft 32.(1). Flo SO RN T_ Facts WOFO�ft, use: L�fuon. Of __Z da"ok: �-Daft 6fjgsjanfp� 4 - IT be A -15 yrL.or ��!r) Wfy Person - to ember it nc*�( 01 -11 , &RI VII This Citation is issued pursuant to to 182-315 et. seq..., City:of Cape Canaveral Code and Chapter 489, Fla. Stat .- o isigue _d regeives-this 01-4*4bott Any peqon..wh '4;an immediately cease the act for which theXitation w& ase—':a' tion ha issued. 60�n recefpi'd 64 Citation, the viotitor shaq,# ' 4d desist from the act for which this Cita been issued and 'eted'jjtb_eLto: .(I) Within ten (10) days of receipt ofjb Citation, Wot including weekends and legal holidays, pay to the Cit) of Cape Canaveral the Livit penalty statiMove. Payrrint must be =6 in U.S. Funds and May be made by ca0 (do not mail cash), check, or money order made payabbko the City of Cape Canaveral, Attention: City Manager, al 105 Polk Avenue, Cape Canaveral, FL 32920. Y�u must iii.itude a copy of this Citation with your payment; (2) Within (10) days of receipt of this Citation, not incidding weekends and legal holidays, request an administrabw hearing before the Citys Code Enforcement Board to a6eat the issuance of this Citation in accordance with the appOcabie procedures set forth in the Cape CaOiaverat CodKAIL such req ..g uesIts for a hearing shall be woe in writin to the Cape Canaveral City Manager at 105 Polk Avenuej Cape"Unaveral, Florida 32920. Failure to request such a hearing in writing within the ten (101) day time period sha'd' con', 'Ift"i waiver of the violators right to a hearing and such waiver shall be deemed an adrnission of the vid �en and hatties; imposed as setforth in this Citation. if the Code Enforcement Board finds that a violation exists,.t C In r night Board may order the violator to pay a civil naltv of not less than the amountt set fboith o -. Oil is W`n�but no more than $1,0DO.60 r day for each violation. Any unlicensed person violating subseetidrw489.1 32. comonis a misdemeanor rst'degree upon rst offense. Any unti6enied persm, ivIn'g.pAAAo -JI, bsection 489.1�7.* P9 S4. . . , jifis litio- of :U rj-.4'89;j27(I) of the third d6grii 6p6n,the secofid offe-nisi n 0 com, _ a yio" during the e$ of -Ae ri executive order of the 40vi 0' i6firnits a istente of a state TFI Flo fetony 4the t6Q dijilee, pufiishabW asp 75.083, tkiisti� ion , however, Wit Your signature below does nj consti an Ifut refusal t�-- n4bd--bctept this i onAs �a se, isde A �of $560.00 and/or 60 days i 4' meanor unis a a n, MM -p" by ataki - cond degree in 4177��h6 or #775 083 Fla. Stat S I*fe of Violato ate--/ ig 0 4:�� OtWwl - To be Retained r�'Canaverat Code Enfoo*144 O�,-o bdiMIT r yeUm Copy - �q b�,"ined bi Viotator Pink Copy - To be Retained by City City of Cape Canaveral !F NOTICE OF HEARING CANOVE"L — E CITY OF CAPE CANAVERAL CASE No. 2012-00071 A Florida Municipal Corporation, DATE: 2/11/13 Complainant, V. Respondent(s): Federal Home Loan Mortgage Corp, C/O Shirley Weems Ocean Woods Homeowners Association, C/O Showcase Property Mgnit. Wells Fargo Bank C/O Andrew Hohensee-Loan Administrator Location of the Violation: 8771 Cocoa Cour� Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21, 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 and Application For Satisfaction or Release of Code Enforcement Lien 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 I Ith day I of February, 2013 Duree Alexander Code Enforcement Officer 7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 v,,ww.Myflorida.com/cqpe e-mail: cityofcapecanaveral.org CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LEEN CODE ENFORCENIENT CASE #: j wm I APPLICATION FEE: S APPLICANT. n H 11aw, 1'00azm —DATE: ORA 6 ADDRESSjqq1 L�mbuz6b)j 01Z / t CITY: alm &I STATE: 1L., ZIP: NATURE OF VIOLATION(S): ADDRESS OF SUBJECT PROPERTY: DATE FINE/LIEN IMPOSED:. Iq A I ha AMOUNT: /DAY 0 COMPLIANCE DATE: 0 XMI A f I RELIEF REQT JESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT A /i PROPOSES $ [,C5rg AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE C:OR BELIEVES THIS APPLIC6TI HOP (If more spacA is needed add addi�Qnal pages) TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICA (If more space is needed add additional pages) -am THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE P)kDER OF PENALTY OR F BEING IMPOWD AND RE . INE — CORDED: (If more space is needed add additional pages) ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, TEE CIRCUMSTANCES THAT E)GST WIRCH WOULD WARRANT THE N OR, SATISFACTION OF PENALTY OR FINE: (If moro space is needed add additiong pages) Ie_� Date: Is Signall�� STATE OF COUNTY OF BEFORE M[E the undersigned authority did personally appear _;-W.A C1 A jL I L -j -),e -e who provided eQ L— as identification, and who after being place U'%nder oath, swore or affirmed the information contained within this application is true and correct. APPLICATIONFEE:$ 100,00 TARA PHLIBERT Nol MW EXPM9 Mwch 11. 2016 FOR STAFF USE ONLY RECEIVED BY CITY ON :2/11/13 CONTLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECO"ViENDATION A17ACBED: YES ACTION OF CITY COUNCIL: APPROVE; CONDITIONS: DATE OF COUNCIL ACTION: DENY; APPROVE WITH FOLLOWING CONDITIONS AND PAYNENT OF REDUCED FINE TO BE NET WITIIIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Total 14.c-unt C 0 ity 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. Wells Fargo Bank, N.A., clo Andrew Hohensee Owner of the Property located at: 8771 Cocoa Ct. Cape Canaveral, FL 32920 LEGAL: OCEAN WOODS STAGE 3-B LOT 80 PLAT BOOK 0025 PAGE 0056 Respondents, Case #12-00071 CFN 2012259538, OR BK 6765 PAGE 2509, Recorded l2r27/2012 at 08-.55 AM, Mitch Needelman. Clerk of Courts, Brevard CourTtY # Pgsi2 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 Respondents were 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 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 Code exist or existed upon the Property and Respondents were 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 Respondents were provided notice of hearing before the Code Enforcement Board and were not 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 �xnirxxr nra infnnn 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: 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 Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitute violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: A fine shall be entered immediately in the amount of two hundred and fifty dollars 250.00) p r day, including all cost authorized by law related to the violation, until the violation is ecte and full compliance is confirmed by the Code Enforcement Officer. Respondents 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; 2. The Clerk of the Code Enforcement Board is hereby 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. 3. 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. 4. 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 R#ell, Chairperson Cog 10,111n I Copies furnished to: Wells Fargo Bank, N.A., c/o Andrew Hohensee City of, Cape CaTjajvqraIi-,Case File-, STATIEOFFLOOM COLVM OF SFAVNW CITY OF CAPECANAVEM dip hwdpy cwwy this C0PV of Ordw InWe" 01110111111F for CON 6,12 –eMW , dat,- _,�66f / "N'61-1-1 photocopy of ti– Ck" ecol awoodo" BY nly hNW MW dw GOdd SW d d* Cky 0 of Cape canvooll snob of or Wells Fargo Bank, NA C/O MAC #X780-013 3476 Stateview Blvd Fort Mill, SC 29715 CASE NO: 2012-00071 City of Cape Canaveral CODE ENFORCEMENT 40TICE OF COMPLIANCE LOCATION OF VIOLATION: 8771 Cocoa Court, Cape Canaveral, FL 32920 PARCEL ID: 24-37-14-55-00000.0-0080.00 RESPONDENT(S): Wells Fargo Bank NA Your property was found in compliance on February 5, 2013, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: Section 82-221; International Property Maintenance Code (IPMC) adopted; IPMC Section 108, Unsafe Structures and Equipment; 108.1; IPMC Section 108.1.3, Structure Unfit for Human Occupancy; IPMC Section 303.4, Structural Members; IPMC Section 303.7, Roofs and Drainage; IPMC Section 3 04. 1, General; IPMC Section 304.2, Structural Members. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1222. . Zcerely, uree �Alexander Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.Myflorida.com/cape e-mail: cityofcapecanaveral.org �Jv 7c,-7-7 C),-, 7/ fn — 2 pc) Li ;-n- Ae, 0'�W"Wr-"L 0��4 7--z" -dz �Ak ��-CA -�� S; 7 4-C) L, -7 N� w�,O ��J I. -Ir �i 19 �) -- 0-7 <:� c-) 14- Al. Lk- C-'-"�� c -'X," V-�) -v-:1 -9 4-o ��-s �14 -r-� C�-� CDLI,- Gk x LZA J RADLEW MY COMMISSION 0 EE064221 I EWM Apd 13,2015 Vro �K EJ i.; RADLEW My SK -3,:2015 11 k -�-' CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY This agreement is made on this\1 day of August 2012 by Ronald H. Lero and Christine T. Lero, husband and wife, whose post office address is 280 Monroe Avenue, Cape Canaveral, Florida 32920, herein called "Seller," and - Donald E. Sargent, whose post office address is 418 Adams Avenue, Apt. 3, Cape Canaveral, Florida 32920, herein called "Purchaser." RECITALS 1. Seller is the owner of the lot or parcel of real Property situated at 280 Monroe Avenue, Cape Canaveral, Florida 32920, and more fully described in Exhibit "A." The real Property consists of improved land with a single family residential house. The real Property herein described and referred to is hereafter referred to as the "Property." 2. Seller is in arrears on its mortgage loan and Purchaser desires to bring the loan current and assume Sellers' mortgage loan payments until closing. 3. Seller desires to sell and Purchaser desires to buy the Property, for the purchase price and on the terms and conditions herein set forth. In consideration of the mutual and reciprocal promises herein set forth, the parties agree: SECTION 1. PURCHASE PRICE AND TERMS OF PAYMENT The purchase price for the Property is ONE HUNDREQ AND THIRTY FOUR THOUSAND FIFTY-SIX ($134,056.00) UNITED STATES DOLLARS, which shall be paid as follows: (a) by Purchaser assuming Sellers' note and mortgage by making all payments currently in arrears and continuing to make any scheduled installment mortgage loan payments until closing; (b) by cash, wire transfer, or locally drawn cashiers or official bank check at closing, in the exact balance of purchase price after credit for all mortgage loan installment payments made by Purchaser including any amounts paid to bring loaft current. SECTION 11. TITLE Title to Property to be conveyed by Seller shall be good and marketable title, clear of all liens, encumbrances, defects, and bu ns, except: state exceptions, such as: utility easements and agreements wit%t companies of record; zoning ordinances; existing rights of way for streets and alleys bordering Property; taxes and assessments not delinquent. Seller, at Seller's expense, shall deliver to Purchaser's attorney a title insurance commitment with legible copies of instruments listed as exceptions attached thereto, at least 7 days before closing. Title as herein required shall be evidenced by a standard form policy of title insurance issued by Emerald Seas Title, LLC, doing business in the City of Orlando, County of Orange, State of Florida. Such policy shall be issued as of the date of closing, shall be in the amount of the purchase price, and shall be a joint owner -mortgagee policy insuring Seller and Purchaser as their interests may appear. Seller shall convey title, first, by way of a quit -claim deed to Donald E. Sargent upon Purchaser bringing, Seller's mortgage loan current and, second, at close of the transaction by way of a warranty deed to Donald E. Sargent. Purchaser may elect to record the quit-clairn deed at a time of his choosing. If on the closing date, the state of title is other than in accordance with the requirements set forth in this contract or if any condition to be fulfilled by Seller shall not be satisfied, Purchaser shall provide Seller with written notice of the title objection or unfulfilled condition at that time, or the title objection or unfulfilled condition shall be deemed waived by Purchaser in which case Purchaser and Seller shall proceed to consummate the closing on the closing date. If Purchaser timely gives Seller the notice, Seller at its sole option and on notice to Purchaser within seven (7) calendar days following receipt of the notice may elect to cure the objection or unfulfilled condition for up to thirty (30) calendar days. Should Seller be able to cure the title objection or condition, or should Seller be able to cause title insurance over the same by the closing date or any postponed closing date, or should Purchaser waive the objection or condition within the period for cure, then the closing shall take place on or before thirty (30) calendar days after notice of the cure or waiver. If Seller does not elect to cure the objection or unfulfilled condition or during the period of cure Seller is unable or unwilling, in its sole discretion or opinion, to eliminate the title objection or cause title insurer to insure over the matter or satisfy the unfulfilled condition, Seller shall give Purchaser written notice of the objection or unfulfilled condition, and if Purchaser does not waive the objection by written notice, delivered to Seller and the title company issuing the title commitment on or before seven calendar days following the date Seller gives the notice, then this purchase contract shall automatically terminate, in which event Purchaser shall release Purchaser's right and interest in the Property to Seller, and the parties to this purchase contract shall have no further obligations to each other, and all payments made by Purchaser to Seller's mortgage loan pursuant to Section L(a) herein shaD be immediately reimbursed to Purchaser by Seller with interest at the legal rate of interest, which accrues from the date the payments were made. SECTION III. COSTS 2 The following costs shall be borne equally by the parties: closing fee. The following costs shall be paid by Seller: title insurance premium, deed tax and recording fee, title search and examination, policy review, and charges of Seller's attorney for drawing instruments and advising. The following costs shall be paid by Purchaser: mortgage tax and recording fee, survey, warehouse fee, intangible tax, appraisal, inspection fees, property insurance fees, and charges of Purchaser's attorney for drawing instruments and advising. The following costs shall be prorated to date of closing: taxes and assessments due but not delinquent. 'SECTION IV. INSURANCE Risk of loss or damage to Property by fire, storm, burglary, vandalism, or other casualty, between the date of this agreement and closing, shall be and is assumed by Purchaser. No such loss or damage shall void or impair this contract. If the improvements or personal Property, or both, are damaged or destroyed, in whole or in part, by casualty prior to closing, the contract shall continue in full force and effect, and Purchaser shall be subrogated to Seller's right of coverage with respect to any insurance carried by Seller. All existing Property insurance now in effect shall be continued by Seller and shall be transferred to Purchaser at closing, at Purchaser's request. Premiums on such insurance shall be prorated to time of closing. All such policies shall be exhibited immediately to Purchaser, who may secure additional insurance on Property or any portion thereof, if so desired. Any such additional insurance shall name Seller and Purchaser as co -insureds as their interests appear. SECTION V. TRANSFER OF PROPERTY Seller shall maintain Property, including improvements, the personal Property herein described, and lawns, shrubs, and trees, in its present condition pending the closing of this transaction, normal and reasonable wear excepted. Possession of Property shall be transferred to Purchaser upon execution of this contract. All keys, if any, shall be delivered to Purchaser at the time of transfer of possession. SECTION VI. TIME OF ESSENCE; CLOSING Time is expressly declared to be of the essence of this contract. The contract shall be executed and completed, and sale closed, on or before December 31, 2013, or such other date as the parties may in writing agree to hereafter. Each party shall fully perform all obligations hereunder at such times as to insure closing within the period herein specified, or any extension thereof. SECTION V11. REMEDIES OF PARTIES W (1) If Purchaser fails or refuses to comply with the conditions assumed, or to perform all obligations hereunder, Seller has the option to: (a) hold and retain the initial deposit money and any additional funds paid or deposited by Purchaser as liquidated damages for breach of this contract and cancel and terminate the contract, whereupon all rights and obligations hereunder shall cease; or (b) enforce this contract by appropriate action, including an action for specific performance or for damages for breach, and retain all money paid or deposited by Purchaser pending the determination of such action. Seller shall give Purchaser written notice of election with respect to Seller's exercise of either of these options. (2) If Seller fails or refuses to perform obligations hereunder, including the furnishing of good title as herein defined and transfer of possession, Purchaser may either: (a) cancel the contract and recover all deposits and other amounts paid by Purchaser hereunder and all expenses paid or incurred; or (b) pursue any remedy available to Purchaser, in law or equity, including an action to compel specific performance of this contract or one for damages for breach, separately or alternatively. SECTION Vill. ASSIGNMENT; MODIFICATION; ENTIRE AGREEMENT OF PARTIES EXPRESSED No right or interest of Purchaser hereunder shall be assigned without the prior written consent of Seller, which consent shall not be unreasonably withheld. No modification of this contract shall be valid or binding unless such modification is in writing, duly dated and signed by both parties. This instrument constitutes the entire agreement between the parties. Neither party shall be bound by any terms, conditions, statements, or representations, oral or written, not herein contained. Each party acknowledges that in executing this contract he or she has not been induced, persuaded, or motivated by any promise or representation made by the other party unless expressly set forth herein. All previous negotiations, statements, and preliminary instruments by the parties or their representatives are merged in this instrument. SECTION IX. SIGNATURE AND EFFECTIVE DATE This instrument shall not be effective as a contract until duly signed by both parties. The date of execution and effective date of the contract is the date first set forth above. The date of signature by each party is the date set forth unless otherwise indicated after the signature. SECTION X. RADON GAS Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines 4 have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health department. SECTION X1. CONTIGENCIES This contract is contingent on satisfactory inspection by Purchaser of the Property and improvements thereon. Purchaser shall a due diligence period of 14 days of the contract being duly signed by all parties to conduct and make any and all customary studies, tests, examinations and inspections, or investigations of or concerning the Property. Should the results of any of the inspection appear unsatisfactory to Purchaser for any reason, then Purchaser shall have the right to terminate this purchase contract by giving written notice to that effect to Seller and escrow agent on or before 5:00 p.m. EST on the date of expiration of the due diligence period. If Purchaser exercises this right to terminate, this purchase contract shall terminate and be of no further force and effect, and escrow agent shall immediately return the deposit to Purchaser. If Purchaser fails to provide Seller with written notice of cancellation prior to the end of the due diligence period this contract shall remain in full force and effect and Purchaser's obligation to purchase the Property shall be non -contingent and unconditional except only for satisfaction of the conditions expressly stated Section 11 above. This contract is also contingent on Purchaser securing a written loan commitment for a conventional loan by October 31, 2013 at the then prevailing rate based on Purchaser's credit worthiness. Purchaser shall make a mortgage loan application for financing within 365 days after the effective date. If Purchaser does not receive a loan commitment, then Purchaser may terminate this contract by delivering written notice to Seller, or purchaser may continue to make the scheduled installment mortgage loan payments for an additional twelve months. Purchaser shall make an additional mortgage loan application for financing within 365 days from October 31, 2013. If Purchaser does not receive a loan commitment by October 31, 2014, then Purchaser may terminate this contract by delivering written notice to Seller, or Purchaser shall fully assume making all remaining mortgage loan installment payments under Seller's note and mortgage until it is satisfied. If Purchaser elects to assume the Seller's note and mortgage, Purchaser shall have right to record the quit -claim deed from Seller at a time of Purchasers choosing. In witness whereof, the parties have executed this instrument on the day and year first above written. Seller: 5 a.a.. --\ I Chtistine T. Lero (---7 C- . Donald E. Sargent EXHIBIT. Lot 14, Block 20, and westedy 39 f t of Lot 15, Block 6 (as measured - �jt albng the North and South lot Ilk id Lot 15), Avon-O*The-Sea, aftording to the pMtthereof, at t hd in Plat Book 3, Page 7, of the Public Records of Brevard County. ida. 7 C-,) < , 4 12-W�? December 20, 2012 City of Cape Canaveral Building Department/Code Enforcement 7510 N. Atlantic Avenue Cape Canaveral, FL 32920 Re: Construction Contractor Citation #0086 To Whom It May Concern., 1, Thanh Vu -owner of the property located at: 7108-7110 Poinsetta Avenue, Cape Canaveral, FL 32920 herewith authorized for Mr. John Skinner of Ideal Docks & Construction, Inc. for taking care the Citation #0086. Very sincerely yours, Thanh Vu I -- December 20, 2012 City of Cape Canaveral Building Department/Code Enforcement 75 10 N. Atlantic Avenue Cape Canaveral, FL 32920 Re: Construction Contractor Citation #0086 To Whom It May Concern: C, 1, Thanh Vu -owner of the property located at: 7108-7110 Poinsetta Avenue, Cape Canaveral, FL 32920 herewith authorized for Mr. John Skinner of Ideal Docks & Construction, Inc. for taking care the Citation #0086. Very sincerely yours, Thanh Vu I --