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HomeMy WebLinkAboutCEB 5-23-2013%.oaii to uroer Roll Call Ity of Cape Canaveral Imunity & Economic Development Department AGENDA DE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE MAY 23, 2013 6:00 P.M. Establish Next Meeting Date: June 20, 2013 NEW BUSINESS: 1 Approval of Meeting Minutes: April 18, 2013 COMPLIANCE HEARINGS: 2. Case No. 12-00006 — Violation of Section 301.3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door Frames; Section 303.16, Doors; Section 304.3, Interior Surfaces, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building Abatement Code (1985 Edition), (7521 Magnolia Ave.) — Lenny Cassanelli, Property Owner. PUBLIC HEARINGS: 3. Case No. 13-00020 - Violation of Section 34-97(a)(6), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; Section 306.1, Extermination; Section 303.14, Window, Skylight, and Door Frames; Section 303.15, Insect Screens; Section 303.16, Doors; Section 505.3, Water System, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (431 Monroe Ave., Unit #3) — ESO Investments, LLC, c/o Faro & Associates, P.A., R.A. 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. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.qityofcqpecanaveral.or e-mail: infbAcityofcqpecanaveral.org CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 18,2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 18, 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 PRESENT Mary Russell Raymond Viens Walter Godfrey James Hale Ralph Lotspeich Lynn Mars OTHERS PRESENT Duree Alexander Brian Palmer Glenn Pereno Joy Lombardi Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on May 23, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: March 21, 2013. Motion by Mr. Viens, seconded by Mr. Godfrey, to approve the meeting minutes of March 21, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 18, 2013 Page 2 COMPLIANCE HEARINGS: 2. Case No. 12-00006 — Violation of Section 301.3. Vacant Structures and Land; Section 302.3. Sidewalks and Driveways: Section 303.4. Structural Members: Section 303.6. Exterior Walls: Section 303.7. Roofs and Drainage; Section 303.10, Stair and Walking Surfaces: Section 303.14, Window, Skylight and Door Frames: Section 303.16, Doors; Section 304.3. Interior Surfaces, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cam Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances: and Section 301.1. General, of the Standard Unsafe Building Abatement Code (1985 Edition), (7521 Magnolia Ave.) — Lenny Cassanelli, 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 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. Building Official, Glenn Pereno, testified that he contacted the Florida Building Code Commission to review the 50% work area as defined by the Florida Building Code "Existing" (FBC). Mo Madani, of the Florida Building Code Commission, stated that the property owner would need to request a declaratory statement to dispute the interpretation of the Building Official. Mr. Pereno stated that the FBC "Existing" Chapter 5 provided an option whereby the building could be evaluated by a reg[istered design professional to establish whether the damage exceeds 50% of the aggregate area. Mr. Pereno stated that the Respondent, Lenny Cassanelli, asked if he completely secured the building would the City find the property in compliance. Mr. Pereno explained that securing the building will not bring it into compliance. Mr. Pereno respectfully requested that the Board accept Officer Alexander's recommendation. Lenny Cassanelli, property owner, testified that he has been working to secure the property to keep vagrants out by boarding up all the broken windows. Mr. Cassanelli stated that he is working with a limited budget and said that if he was able to hire plumbing to obtain a permit for the plumbing repairs and then hire an electrical contractor to complete that portion of the work; it would be easier to bring the building into compliance. Mr. Cassanelli explained that he was not permitted to do it that way. Mr. Cassanelli further stated that he has four sets of drawings that cost his thousands of dollars and the last set was not approved due to the 50% issue. Chairperson Russell asked if Mr. Cassanelli could obtain separate permits for the work. Mr. Pereno said that, per the Florida Building Code, the permit had to include all of the work. Officer Alexander respectfully requested that the Board find the Respondent non-compliance of the 3rd Amended Board Order Imposing Penalty on First Violation, and impose the 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. Code Enforcement Board Meeting Minutes April 18, 2013 Page 3 Mr. Cassanelli stated that the property is for sale and if the recommendation is accepted, it would cripple him financially; as well as spoil any hope of a sale. Officer Alexander suggested that the Board could modify her recommendation to allow the Respondent 30 days with the condition that the building is completely secure or accept the recommendation with the omission of the retroactive penalty. Discussion followed. Motion by Mr. Viens, seconded by Mr. Godfrey, to amend Staff's recommendation and find the respondent in non-compliance and be given until May 23, 2013 to come into compliance with the conditions that the Respondent completely secure and paint the building and obtain a report from a registered design professional 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. 3. Case No. 12-00090 - Violation of Section 105.1. Permit Requirede 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, Prope y 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; however, a contractor has obtained a permit on April 16, 2013. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance 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 October 13, 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. Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in non-compliance and be given until October 13, 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. 13-00009 - Violation of Section 303.1. General: Section 303.4. Structural Members: Section 303.6. Exterior Walls, 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 o Cape Canaveral Code of Ordinances, (350 Chandler St.) — Michael H. Newlin, 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 exterior of the property. Officer Alexander explained that, following the Notice of Violation, the roof has been repaired but the property is still in violation, as stated above. Code Enforcement Board Meeting Minutes April 18, 2013 Page 4 Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of Section 303.1, General; Section 303.4, Structural Members; Section 303.6, Exterior Walls, 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, and impose a fine in the amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter retroactively beginning on March 21, 2013, until found in compliance. Motion by Mr. Viens, seconded by Mr. Lotspeich, to accept Staff's recommendation and find the Respondent in non-compliance and impose a fine in the amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter retroactively beginning on March 21, 2013, until found in compliance. Vote on the motion carried unanimously. PUBLIC HEARINGS: 5. 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. 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 public nuisances. Officer Palmer stated that a site visit revealed trees and brush growing against and over the fence which could cause damage to the fence. Officer Palmer further stated that there is trash and debris on the property. Officer Palmer explained that he has had contact from the landscape company who informed him that they were hired to clean up the property and would begin on Saturday, April 20, 2013. Officer Palmer respectfully requested that the Board find the Respondent in violation of Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances and give the Respondent until May 23, 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. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the respondent in violation and be given until May 23, 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. 6. Case No. 13-00020 - Violation of Section 34-97(a)(6). Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances: Section 306.1. Extermination, Section 303.14, Window, Skylight, and Door Frames; Section 303.15 Insect Screens: Section 303.16, Doors: Section 505.3. Water System, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (431 Monroe Ave., Unit #3) — ESO Investments, LLC, c/o Faro & Associates, P.A., R.A. Code Enforcement Officer, Brian Palmer testified that the respondent did not take receipt of the notice and therefore must withdraw this case from the agenda. Code Enforcement Board Meeting Minutes April 18, 2013 Page 5 OLD BUSINESS: 7. Case No. 09-00211 — (414 Adams Ave.). Update. Officer Alexander provided an update and photos of the property showing the improvements to the property following compliance. The Board was pleased with the outcome. 8. Case No. 12-00022 — (105 Justamere Rd.). Update. Officer Alexander provided an update and photos of the property showing the improvements to the property following compliance. The Board was pleased with the outcome. ADJOURNMENT: There being no further business the meeting adjourned at 7:18 P.M. Approved on this day of 2013. Mary Russell, Chairperson Joy Lombardi, Board Secretary City o.f Cape Canaveral Community & Economic Development Department NOTICE OF CONPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00006 A Florida Municipal Corporation, DATE: 5/13/13 Complainant, V. Respondent(s): Lenny Cassanelli, P.O. Location of the Violation: 7521 Magnolia Avenue, Cape Canaveral 32920 A BEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 23, 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 4b Amended Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinan�es. 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 Propbrty 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 ED this 2nd day of May 2012 b�Tee 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 �ca)ec�anavqr�a).or,� e-mail: i -f�a� City of Cape Canaveral Community & Economic Development Department CAM CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Lenny Cassanelli Owner of the Property located at: 7521 Magnolia Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 15 EX N 50FF & LOT 16 EX N 50 FT BLK 43 PLAT BOOK 0003 PAGE 0007 Respondent, Case #12-00006 4�h 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 Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 301.3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door Frames; Section 303.16, Doors; Section 304.3, Interior Surfaces, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building Abatement Code (1985 Edition), exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpeqanaveral.or e-mail: info@cityofcqpecanaveral.org Case #12-00006 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 301.3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door Frames; Section 303.16, Doors; Section 304.3, Interior Surfaces, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building Abatement Code (1985 Edition); 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 21, 2012. 7. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 20, 2012. 8. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. 9. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 18, 2013. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until May 23, 2013 to correct any violation of the City Code on the Property; with the condition that the Respondent obtain an evaluation from a registered design professional, secure all openings of the building and paint; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Case #12-00006 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of April, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA V Mary R U#sell, Chairperson Copies furnished to: Lenny Cassanelli City of Cape Canaveral, Case File amw "ftGAft"W" City of Cape Canaveral Community & Economic Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, CASE No. 2013-00020 DATE: 05/06/2013 Complainant, V. Respondent(s): ESO Investments, LLC, C/O Faro & Associates, P.A., R.A. Coral Bay Condominium Association, INC, C/O TC Property Management, Giuseppe Conoscenti R.A. Location of the Violation: 431 Monroe Ave Unit #3, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 23, 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. 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: infb(&,cityofc4pecanaveral.org 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 6th day of May, 2013 Brian Palmer, Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.or e-mail: info(i-�,cityofcapecanaveral.oig City of Cape Canaveral Community & Economic Development Department Pr NOTICE OF VIOLATION ITY OF CAPE CANAVERAL CASE NO. 2013-00020 A Florida Municipal Corporation, Date: 02/27/2013 Complainant, V. Owners of the property located at: 431 Monroe Ave Unit #3, Cape Canaveral, FL 32920 Respondent(s): ESO Investments, LLC, CIO Faro & Associates, P.A., R.A. Coral Bay Condominium Association, INC, C/O TC Property Management, Giuseppe Conoscenti 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): 431 Monroe Ave Unit #3, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: ESO Investments, LLC Coral Bay Condo Assoc. INC C/O Faro & Associates, PA R.A. C/O TC Property Management, Giuseppe 503 N. Orlando Ave #106 Conoscenti R.A. Cocoa Beach FL, 32931 813 N. Atlantic Ave Cocoa Beach, FL 32931 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.c1tvofcaDecanaveral.onz e-mail- 1nfo(&,c1tvofcaDecanaveral.onz 4 Page 2 2013-00020 Our office received a complaint in regards to an infestation of roaches in the refrigerator at 431 Monroe Ave Unit #3. A site visit revealed dead roaches on the floor, no screens on the widows, kitchen sink leaking, rear door hard to close, and the bathroom window is inoperable. 3. Description of Violation(s) at property: Section 34-97. (a) (6) - Duties and responsibilities for maintenance. Sec. 82-221. - International Property Maintenance Code adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (6) Source of infestation. I.P.M.C. Section 306 Extermination 306.1 Infestation: All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re -infestation. I.P.M.C. Section 303.14 Window, skylight and door frames 303.14.2 Openable windows: Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. I.P.M.C. Section 303.15 Insect screens 303.15 Insect screens: During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. I.P.M.C. Section 303.16 Doors 303.16 Doors: All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcaecanaveral.org e-mail: info(d),cityofcapecanaveral.org Page 3 2013-00020 I.P.M.C. Section 505 Water System 505.3 Supply: The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 4. Recommendation(s) to correct the violation(s) described above: • Replace the refrigerator and treat unit to exterminate all roaches • Repair all windows so they are able to open and close correctly • Place screens on all exterior windows • Repair all doors so they are able to open and close correctly • Repair leak under kitchen sink 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 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(d)cityofc4pecanaveral.or . , 0