Loading...
HomeMy WebLinkAboutCEB 3-21-2013Call to Order Roll Call ity of Cape Canaveral imunity & Economic Development Department AGENDA DE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE MARCH 21, 2013 6:00 P.M. Establish Next Meeting Date: April 18, 2013 NEW BUSINESS: 1. Approval of Meeting Minutes: February 21, 2013 '�� ;,2 PUBLIC HEARINGS: Case No. 13-00009 - Violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.6, Exterior Walls; -Seefiarr�. �-. 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 34-98(4), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (350 Chandler St.) — Michael H. Newlin, Property Owner. COMPLIANCE HEARINGS: 1. Case No. 11-00077 - Violation of Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.) — JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A. 2. Case No. 12-00003 - 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 of Cape Canaveral Code of Ordinances, (350 Monroe Ave.) — Antonio Romano, 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: info(&,cityofcapecanaveral.org Code Enforcement Board Agenda -February 21, 2013 Page 2 3. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. Nagel, Property Owner. OLD BUSINESS: Case No. 09-00211 — (414 Adams Ave.), Update. 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 FEBRUARY 21, 2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 21, 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 6:16 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens James Hale Lynn Mars MEMBERS ABSENT Walter Godfrey Ralph Lotspeich OTHERS PRESENT Duree Alexander Brian Palmer Joy Lombardi Kate Latorre Glenn Pereno Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Board Secretary Assistant City Attorney Building Official The Board members established that the next meeting would be held on March 21, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meetinq Minutes: January 17, 2013. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of January 17, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 21, 2013 Page 2 PUBLIC HEARINGS: Case No. 12-00043 - Violation of Section 105.1. Permit Required; Section 110 1 .L� -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. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 2. Case No. 12-00078 — Violation of Section 105.1. Permit Required; Section 110.1, i—nspections 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, ILLC c/o Bill P. Willis, R.A. 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 work without a permit. Officer Alexander stated that, following a complaint regarding construction activity, a site visit revealed demolition activity; and the property was posted with a Stop Work Order. A contractor obtained a demolition permit; however, no inspections have been called in. Officer Alexander further stated that interior renovation work continued and the property was posted with another Stop Work Order. Glenn Pereno, Building Official, stated that the building plans are under review with the fire department and building department. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and impose a fine in the amount of two hundred and 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 impose a fine in the amount of two hundred and fifty dollars ($250.00) per day until found in compliance. Vote on the motion carried unanimously. 3. Case No. 12-00090 - 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, (280 Monroe Ave.) — Ronald H. & Christine T. Lero, 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, following a complaint regarding construction activity, a site visit revealed interior renovations; and the property was posted with a Stop Work Order. Ronald Lero, property owner, testified that he is in the process of selling the property to Don Sargent and further stated that he was not involved in the renovations. Code Enforcement Board Meeting Minutes February 21, 2013 Page 3 Don Sargent, tenant, testified that he takes full responsibly for the work. Mr. Sargent stated that he changed a broker window and an old sliding glass door that had been broken into. Mr. Sargent further stated that it was for security reasons that he started the renovations. Mr. Sargent explained that he is working to have a contractor to obtain a permit. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and give the Respondent until April 18, 2013 to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Glenn Pereno, Building Official, testified that Mr. Sargent is working with a contractor to obtain the permit due to the fact that the Respondent is not able to obtain an owner/builder permit. Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in violation and be given until April 18, 2013 to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 4. 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. Code Enforcement Officer, Brian Palmer, provided an overview of the Case history and presented exhibits for the Board's review. Officer Palmer testified that the violation is for work without a permit. Officer Palmer stated that, following a complaint, a site visit reveled windows installed without a permit. Officer Palmer further stated that the Respondent has obtained a permit and work has commenced on the property. John Skinner, Contractor, testified that the owner was not aware that the windows were being replaced. Mr. Skinner stated that a tenant replaced the window. Mr. Skinner explained that he has obtained the permit and they will replace the remainder of the windows and call for an inspection. Officer Palmer respectfully requested that the Board find the Respondent in violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and give the Respondent until April 18, 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 seventy-five dollars ($75.00) 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 be given until April 18, 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 seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 21, 2013 Page 4 5. Citation No. 0086 — Violation of Florida Statutes Section 489.127, Prohibitions; and Florida Statutes Section 489.1320), Prohibited Acts by Unlicensed Principals, (7108 & 7110 Poinsetta Ave.) — Hung Thien & Thanh Thi Vu. Property Owner. Code Enforcement Officer, Brian Palmer, provided an overview of the Case history and presented exhibits for the Board's review. Officer Palmer testified that, due to the fact that windows were installed without a permit, a one thousand dollar ($1000.00) Citation was mailed to the property owner for work without a permit by an unlicensed contractor. Chairperson, Mary Russell, asked who the unlicensed contractor was. Officer Palmer stated that the person that did the work is unknown so the Citation was mailed to the property owner. Attorney Latorre addressed the Board and stated that she respectfully disagreed with Staff's decision to cite the property owner due to the fact that there is no evidence that the owner physically did the work. Attorney Latorre explained that the Statue prohibits any person from engaging in unlicensed work; and if that occurred, the Citation would be issued to that individual. Attorney Latorre further stated that the Board needs to consider if Staff presented sufficient evidence to support the Citation. If not, the Board could dismiss the Citation. Officer Palmer respectfully requested that the Board find the Respondent in violation Section 489.127, Prohibitions; and Florida Statutes Section 489.132(l), Prohibited Acts by Unlicensed Principals, and impose the five hundred dollar ($500.00) fine per violation as stated in Citation #0086. Officer Palmer stated that Staff will recent the unlicensed contractor; however, they still are in violation of work without a permit. Attorney Latorre explained to the Board that they should consider if there is a person that can be held responsible. Motion by Mr.Hale, seconded by Mr. Viens, to dismiss the Citation #0086. Vote on the motion carried unanimously. 6. Citation No. 0114 — Violation of Section 82-375, Construction Contracting Reg-ulation Violation, of the City of Cape Canaveral Code of Ordinances: and Florida Statutes Section 489.11320), Prohibited Acts by Unlicensed Principals, (120 Jackson Ave.) — Theodore H. Cartwright. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that, following a complaint, an investigation revealed a re -roof in progress and the installation of windows without permits. Officer Alexander stated that the property was posted with a Stop Work Order and she issued a Citation in the amount of five hundred dollar ($500.00) to Mr. Cartwright. Theodore Cartwright testified that he was helping the property owner with the work and did not realize a permit was required. Mr. Cartwright stated that Beach Window & Door, Inc. has obtained an after the fact permit for the windows. Code Enforcement Board Meeting Minutes February 21, 2013 Page 5 Officer Alexander respectfully requested that the Board find the Respondent in violation of work without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0114. Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs recommendation and impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0114. Vote on the motion carried unanimously. OLD BUSINESS: 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 Ct.) — Wells Farc jo Bank, N.A., c/o Andrew Hohensee. (Application for Satisfaction or Release of Code Enforcement Lien.) Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for an unsafe structure. Officer Alexander stated that an 'Unsafe' placard was posted on the premise. Officer Alexander explained that the property was transferred from Wells Fargo Bank to Federal Home Loan Mortgage Corporation and brought into compliance on February 5, 2013. Officer Alexander explained that Staff's consideration for the reduction of the lien included attorney fees; the fact that the new owner was not the cause of the violation; the length of time to bring the property into compliance once they purchased the property; the minor blighting effect on the surrounding properties; and the amount of Staff time involved in the enforcement of the violations. Shirley Weems, Representative for Federal Home Loan Mortgage Corp., testified that the property was quickly brought into compliance. Ms. Weems stated that the property is ready to be sold and they have a buyer. She has submitted an application for the reduction of the. Lien to Staff's costs. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of fourteen thousand two hundred and fifty dollars ($14,250.00) to five thousand seven hundred and seventy-one dollars and twenty-five cents ($5,771.25). Motion by Mr. Viens, seconded by Mr. Hale, to recommend that Council reduce the lien in the amount of fourteen thousand two hundred and fifty dollars ($14,250.00) to five thousand seven hundred and seventy-one dollars and twenty-five cents ($5,771.25). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 21, 2013 Page 6 ADJOURNMENT: There being no further business the meeting adjourned at 7:49 P.M. Approved on this day of 2013. Mary Russell, Chairperson Joy Lombardi, Board Secretary Gmw ""CAM%W" City of Cape Canaveral Community & Economic Development Department NOTICE OF HEARING TIM CITY OF CAPE CANAVERAL CASE No. 2013-00009 A Florida Municipal Corporation, DATE: 3/9/13 Complainant, V. Respondent(s): Michael H. Newlin, P.O. Location of the Violation: 350 Chandler Street, Cape Canaveral, Fl, 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 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 BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. rD this 9th day of March, 2013 41 1 '/ '( 10 _ek lbu'ree_,Al�xander, Code tnforcement Officer 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: inf6(a-),cityofcqpecanaveraI-or City of Cape Canaveral cffvw Community & Economic Development Department C'UT co."VIA" CODE ENFORCEMENT NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 350 Chandler Street, Cape Canaveral, FL 32920 Respondent(s): Michael H. Newlin, P.O. CASE NO. 2013-00009 Date: 1/22/13 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within ten (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) ISARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST BAMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 350 Chandler Street, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Michael H. Newlin, P.O. 1470 Wellington Circle Rockledge, FL 32955 7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, Fl, 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cilyofcapecanaveral.oriz e-mail: infokcilyofcaecanaveral.org Page 2 2013-00009 Our office received a complaint regarding water damage to an interior ceiling of an adjoi " g unit. A site visit revealed the condition of the exterior siding; the drainage of water onto the adjoining unit; and the current condition of your roof may be contributing to the water damage to the adjoining property to the West of you, causing water damage to the ceiling. 3. Description of Violation(s) at property: Sec. 82-221. International Property Maintenance Code adopted (IPMC). The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if ftdly set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. IPMC Section 303.1, General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC Section 303.4, Structural Members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. IPMC 303.6, Exterior Walls: All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. IPMC 303.7, Roofs and Drainage: The roof and flashing shall be sound, tight and not have defects that admit rain. City of Cape Canaveral Code of Ordinances: Section 34-98, (4), Building Appearance and Maintenance; Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. 4. Recommendation(s) to correct the violation(s) described above: • You must obtain a licensed contractor to repair or replace any portions of the exterior of the unit (siding) that has deteriorated. • You may not drain any water from your unit onto an adjoining unit, such as the water run off on the second floor roof, draining onto the adjoining property roof area. • You must obtain a permit to repair or replace portions of the roof that are deteriorated and may be contributing to the water damage to the adjoining unit. • Portions of the structure are in need of painting and the removal of chipped or peeling paint. Page 3 2013-00009 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. uuree Alexa&nder ��aL2-- Code Enforcement Officer City of Cape Canaveral Community & Economic Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2011-00077 A Florida Municipal Corporation, DATE: 3/9/13 Complainant, V. Respondent(s): JWL, LLC C/O Keith A. Bennet� R.A. Location of the Violation: 6103 N Avenue, Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 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 2nd Amended Order Imposing Penalty on First Violation (Amended at 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. DATED this da of Marc 3 0. ement df f fc-er 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: infokcitypfcgpecanaveral.org City of Cape Canaveral Building Department/Code Enforcement C,1V W i CAft cAmvga" CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #11-00077 A Florida municipal corporation, Complainant, V. JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A. Owner of the Property located at: 6103 N. Atlantic Avenue Cape Canaveral, FL 32920 LEGAL: BANANA RIVER ESTATES PART OF LOTS 22 &23 AS DES IN ORB 541 PF912 PLAT BOOK 0010 PAGE 0001 Respondent, 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 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. 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 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City Code; 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofc!jpecanaveral.or e-mail: infb(q_)cityofcgpecanaveral.org Case #11-00077 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on July 19, 2012. 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 March 21, 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 dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on May 17, 2012. 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. Case #11-00077 DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of October, 2012. Copies furnished to: JWL LLC c/o Retail Site LLC, Keith A. Bennett, City of Cape Canaveral, Case File R.A. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary RusFoll, Chairperson City of Cape Canaveral Community & Economic Development Department CAM C""V"� NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00003 A Florida Municipal Corporation, DATE: 3/9/13 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 March 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 2d Amended 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 TIfE 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 thi * o Mppe;h, 2013 sftd4yo M j j AA.- I)WeXlexander�Code Enforcement Officer 73 10 N A&wtic Avamw — 2-0- Box -326 — Cape Camveral, TL 3292043 26 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cilyofeaecanaveral.org e-mail: infokcilyofeapecanaveral.org City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, 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 BLX 21 PLAT BOOK 0003 PAGE 0007 Respondent, Case #12-00003 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. 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 (uCity 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 www.cityofcUecanaveral.or e-mail: info@cityofcqpecanaveral.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. 7. Respondent had representation present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until March 21, 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; Case #12-00003 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 17th day of January, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Z A "ll , h;airperson Copies furnished to: Antonio Romano, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Delores G. Nagel CASE No. 2012-00012 DATE: 3/9/13 Location of the Violation: 201, 203, 205 Jefferson Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 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 2d Amended 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. DA"MD this 9th day, of March, 2013 buree Alexander, Code Enforcement Officer 751ONAtL-tnficAvcnue—P-O-J3�ax326— Cape Canaveza�FL -32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cilyofcapecanaveral.ory, e-mail: infb@cijyofcgpecanavera1.org, City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Dolores G. Nagel Owner of the Property located at: 201, 203, 205 Jefferson Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT I & W % 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 Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcgpecanaveral.or e-mail: infokcityofcpecanaveral.org Case #12-00012 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; 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 January 17, 2013. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until March 21, 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 17th day of January, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 7)Ut,(,V L4:e& Mary Ru�elf, Chairpersori' Copies furnished to: Dolores G. Nagel, Property Owner City of Cape Canaveral, Case File PNF, 0, C)C) 14c-( a,- Aaflrc-o--, LA --�j Duree Alexander From: DOLORES NAGEL <doloresn@aol.com> Sent Tuesday, March 12, 2013 11:36 AM To: Duree Alexander Hi Duree, I can't believe that I still haven't been able to get down to Florida. Best laid plans to return to Cape Canaveral at the end of February have been thwarted by car problems, lack of funds or new problems up here that have to be dealt with before I can leave. I understand from neighbors that the property has been taken care of nicely by friend Carlos and at least I am happy about that. The Jefferson property has an accepted offer and the short sale approval by SunTrust Mortgage should happen any day now. (Hopefully, I keep being told it takes forever for short sale approvals.) The contract specifies that it must close by June. I hope that council understands that the building has not been occupied since last year - and of course won't be, until the new owners take over. At least that should assure everyone that there are no safety issues to be concerned about at this time. Again, I thank you for everything. You have been wonderful. Best wishes. Dolores Nagel. Dolores Nagel Tel: 517-351-7136 Glenn Pereno From: Keith Bennett <keith.bennett@retailsite.net> Sent: Thursday, March 21, 2013 1:12 PM To: Glenn Pereno Cc: Todd Morley Subject: Coral Shoppes - JWL,LLC Hello Mr. Pereno. Thank you for your personal attention to our matter and your important insights. I am sending this to you in response to the notice for hearing on March 21. 1 am out of the County this week on a project here in Tampa. Please print out this email letter and distribute to each of the individual members of the code board for tonight's hearing. With regard to the matter with the cited cracked driveway at Coral Shoppes and our current condition, I am following up on the previous communication to the Board where I had outlined that we cannot make the repair immediately due to: • the building had no financial reserves accrued since we have been building back from 70% vacancies during the recession where we pulled the property out of a foreclosure process, • the current rent roll is 1/3 less than what it was prior to the financial downturn in securing whatever lease rental rates the market would presently bear, • in addition, out of eight stores, we are currently carrying two store vacancies and multiple storage unit vacancies, a 25% + vacancy factor, • in order to handle this $5000-6000 job, we had to raise the tenants rents under the CommonAreaMaintenance lease clause after the start of the new year and accrue monthly towards the total cost of repair. We have just recently implemented this and per the plan, and need the time as previously outlined. In only having started to accrue increased collections towards the expensive repair, it was clear that we were not going to be able to have this repair handled by this March hearing date. Since we had disclosed our financial situation to you, we felt that we would be allotted the total time necessary to raise the money for this less than critical repair through the monthly rental increases. We forecast that we will be able to have the necessary amount accrued after a, additional 9 month period going forward, so we would propose that the repair be made no later than Dec 31, 2013. Of course, if we can secure tenants for the two vacancies, we would accelerate the timetable since we wish to finalize this open matter as much as you do. We have been actively soliciting national companies in both retail and small restaurant for the available space. We feel we have one of the best properties along AIA in Cape Canaveral and have never neglected the upkeep and corporate image of this shopping center, even through this very challenging economic period. KEITH BENNETT RETAIL SITE DEVELOPMENT, LLC POB 1300, Vilera FL 32941-1300 (321) 480-3400 keith. ben nett9breta ilsite.ne "Retall Real Estate Development" Member - ICSC International Council of Shopping Centers CONFIDENTIALITY AND PRIVILEGE NOTICE This e-mail and any files transmitted with it are the property of Retail Site Development LLC, are confidential and are intended solely for the use of the individual or entity to whom this email is addressed. If you are NOT one of the named recipient(s) or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that you should notify the sender. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. AThink Green! Please consider our environment before printing this e-mail. 1