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HomeMy WebLinkAboutCEB 4-18-2013Call to Order Roll Call I 'ity of Cape Canaveral .nmunity & Economic Development Department AGENDA DDE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE APRIL 18,2013 6:00 P.M. Establish Next Meeting Date: May 23, 2013 NEW BUSINESS: jj, e, -S 1 . Approval of Meeting Minutes: March 21, 2013 Z 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 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. 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. 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 of Cape Canaveral Code of Ordinances, (350 Chandler St.) — Michael H. Newlin, Property Owner. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.org e-mail: info@cityofcqpecanaveral.org Code Enforcement Board Agenda April 18, 2013 Page 2 PUBLIC HEARINGS: 5. Case No. 13-00010 - Violation of Section 34-96(2)(7), Standards Established; Section 34- 122(b), Public Nuisances, of the City of Cape Canaveral Code of Ordinances, (Vacant Property on N. Atlantic Ave., Parcel Id: 24 3723 00289) — Canaveral Properties LLC c/o Showcase Prop. Mgmt, William S. Bubbers, R.A. 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. OLD BUSINESS: 7. Case No. 09-00211 — (414 Adams Ave.), Update. 8. Case No. 12-00022 — (105 Justamere Rd.), 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 MARCH 21, 2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on March 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 6:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Walter Godfrey James Hale Ralph Lotspeich MEMBERS ABSENT Lynn Mars 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 April 18, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: February 21, 2013. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of February 21, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 21, 2013 Page 2 PUBLIC HEARINGS: Case No. 13-00009 - Violation of Section 303.1. General: Section 303.4. Structural Members, Section 303.6. Exterior Walls: Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and 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. 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 stated that she received a complaint regarding the condition of the roof. Officer Alexander explained that, following the Notice of Violation, the roof has been repaired but the property is still in violation, as stated above. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-98(4), Building Appearance and Maintenance, 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 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. Godfrey, 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 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. COMPLIANCE HEARINGS: 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, 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 maintenance of the parking lot. Officer Alexander stated that the Respondent sent an e-mail that requested additional time for the repairs. Officer Alexander respectfully requested that the Board find the Respondent non-compliance of Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance beginning March 21, 2013. Code Enforcement Board Meeting Minutes March 21, 2013 Page 3 Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in non-compliance and impose a fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 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 Structuresm 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. 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 explained that the Respondent's representative, Mr. Orlando, met with Staff to discuss the extension of time for compliance with the condition that the property be maintained to be aesthetically pleasing and secure. Officer Alexander explained that the Respondent has painted the exterior and is continuing the work on the neighboring property, 330 Monroe Avenue. Officer Alexander stated that Staff would support the additional time with the conditions. Mr. Orlando testified that he has been working to clean up the property and secure the building. Mr. Orlando explained that the property is on the market; however, if it does not sell they will make the necessary repairs to bring it into compliance. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, 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, and give the Respondent until October 17, 2013 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100-00) per day thereafter retroactively beginning on June 21, 2012 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 17, 2013 to come into compliance or impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred dollars ($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 March 21, 2013 Page 4 3. Case No. 12-00012 - Violation of Section 303.1. Generalm 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. 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 permit has expired without an approved final inspection. Officer Alexander further stated that the Respondent is maintaining the exterior but the roof continues to deteriorate. Officer Alexander explained that she received an e-mail from the Respondent which stated that there is a sale pending on the property and has requested additional time for compliance. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and 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. Officer Alexander stated that Staff would support additional time to come into compliance. 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 June 20, 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. ADJOURNMENT: There being no further business the meeting adjourned at 6:49 P.M. Approved on this day of. Joy Lombardi, Board Secretary 2013. Mary Russell, Chairperson CODE ENFORCEMENT BOARD City of Cape Canaveral Community & Economic Development Department CAM CANMIM" NOTICE OF COMPIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00006 A Florida Municipal Corporation, DATE: 3/29/13 Complainant, V. Respondent(s): Lenny Cassanelli Location of the Violation: 7521 Magnolia Avenue, Cape Canaveral, FL 32920 A COMPLIANCE BEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 18, 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 3rd Amended Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AD D this 28th d of March, 2013 _/ A A/71 A n_ uree Alexander, Code Entorcement O;fficer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, Fl, 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.or e-mail: info Co)cityofcqpecanaveral.org a V or CWff CAUMM" 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. Lenny Cassanelli Owner of the Property located at: 7521 Magnolia Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 15 EX N 5OFT & LJDT 16 EX N 50 FT BLK 43 PLAT BOOK 0003 PAGE 0007 Respondent, Case #12-00006 3 rd 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.cityofcapecanaveral.or e-mail: info(& cityofcqpecanaveral. oKg 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. 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; with the condition that the Respondent maintain the exterior of the property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on May 17, 2012. 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; Case # 12-00006 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 Mary Russ -/'I, Chairperson 7 Copies furnished to: Lenny Cassanelli City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department — a"ff NOTICE OF COMPLIANCE HEARING CITY OF CAPE CANAVERAL CASE No. 2012-00090 A Florida Municipal Corporation, DATE: 4/2/13 Complainant, V. Respondent(s): Ronald H. & Christine T. Lero H/W Location of the Violation: 280 Monroe Avenue, Cape Canaveral, FL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 18, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Order Imposing Penalty On First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE TTIAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2th day of April, 2013 Duree Alexander, Code'Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.or e-mail: info(a-),cityofcapecanaveral.org City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD W CAM CAMWER" !--VCITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00090 A Florida municipal corporation, Complainant, V. Ronald H. & Christine T. Lero Owner of the Property located at: 280 Monroe Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA, LOT 14 & WLY 38.07 FT OF LOT 15 BLK 20 PLAT BOOK 0003 PG 0007 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on February 21, 2013 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: I . That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.org e-mail: info(cDcityofcal2ecanaveral.org Case #12-00090 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105. 1, Permit Required; Section 110. 1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until April 18, 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 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; 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 21st day of February, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA "Uv Zd_4� Mary Ru#ell, Chairperson W"W CAMCANFA-C"L City of Cape Canaveral Community & Economic Development Department NOTICE OF COMPLINACE HEARING �Iffi CITY OF CAPE CANAVERAL CASE No. 2013-00009 A Florida Municipal Corporation, DATE: 4/1/13 Complainant, V. Respondent(s): Michael H. Newlin, P.O. Location of the Violation: 350 Chandler Street, Cape Canaveral, FL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 18, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witaesses 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 I st day of April, 2013 �t ficer Duree Alexander, Code nforcement �Office�r 751ON Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cltyofca-pecanaveral.org e-mail: infoCa,,cityofcapecanavera1.qr CITY or CAM CAUAVMAL 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. Michael H. Newlin Owner of the Property located at: 350 Chandler Street Cape Canaveral, FL 32920 LEGAL: OCEAN MIST TOWNHOMES LOT 6 PLAT BOOK 0032 PAGE 0035 Respondent, Case #13-00009 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 March 21, 2013 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. Findin-gs of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1 . That Respondent was provided a 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.6, Exterior Walls, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 303.1, General; Section 303.4, Structural Members; Section 303.6, Exterior Walls, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.org e-mail: info gcityofcqpecanaveral. or_g Case # 13-00009 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until April 18, 2013 to correct any violation of the City Code on the Property; and 2. if Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on June 21, 2013. 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article V1. DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of March, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary RuOell, Chairperson - Copies furnished to: Michael H. Newlin, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department a" CW C -Aft *=C#^4-V.K"L NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2013-000 10 A Florida Municipal Corporation, DATE: 03/29/2013 Complainant, V. Respondent(s): William S. Bubbers, Registered Agent Canaveral Properties LLC C/O Showcase Properties Location of the Violation: Vacant Property N. Atlantic Ave, S 108.95 FT OF N 442.95 FT OF SW 1/4 OF NW 1/4 W OF ST RD 401, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 18, 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.org e-mail: infoggitypfc4pecanaveral.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 29th day of March, 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.cityofcgpecanaveral.org e-mail: info@cityofcqpecanaveral.org C"W CAft CANAVER" City of Cape Canaveral Community & Economic Development Department CITY OF CAPE CANAVERAL NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2013-00010 A Florida Municipal Corporation, Date: 01/29/13 Complainant, V. Owners of the property located at: Vacant Property N. Atlantic Ave, S 108.95 FT OF N 442.95 FT OF SW 1/4 OF NW` 1/4 W OF ST RD 401, Cape Canaveral, FL 32920 Respondent(s): William S. Bubbers, Registered Agent Canaveral Properties LLC C/O Showcase Properties PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within ten (10) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): Vacant Property N. Atlantic Ave, S 108.95 FT OF N 442.95 FT OF SW 1/4 OF NW 1/4 W OF ST RD 401, Cape Canaveral, FL 32920 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofca-pecanaveral.o e-mail: infoAcityofcapecanaveral.oEg Page 2 2013-00010 2. Name and address of owner(s) of property where violation(s) exist: William S. Bubbers, Registered Agent Canaveral Properties LLC 380 N. Courtenay Parkway C/O Showcase Properties Merritt Island, FL 32953 8660 Astronaut Blvd #208 Cape Canaveral, FL 32920 Our office received a complaint regarding the condition of your vacant lot. A site visit revealed it is encroaching on the adjacent property and could possibly result in damage to the fence. Description of Violation(s) at property: Section 34-122, (b), Public Nuisances; (b) All unimproved property in the city shall be maintained in a manner such that weeds and rank vegetation shall not exceed 12 inches in height. Section 34-96, Standards Established; The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any f6rm or manner shall maintain the premises free of hazards which include but are not limited to: (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. 3. Recommendation(s) to correct the violation(s) described above: • Please maintain the property removing all dead vegetation. • Please obtain the proper permit and remove what appears to be a dead Bay tree. • Please remove all overgrowth back five feet from the adjoining property owner(s) fencing. • Please remove all trash and debris. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. 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.cityofcapecanaveral.or e-mail: info@cityofcapecanaveral.or CITY or CAPR CMAWKPAL 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: 03/29/2013 Complainant, V. 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. 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 April 18, 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.cityofcapecanaveral.or e-mail: info gcityofcqpecanaveral. 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 TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 29th day of March, 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.org e-mail: info@cityofcLipecanaveral.org City of Cape Canaveral Community & Economic Development Department NOTICE OF VIOLATION �P'HE CITY 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, C/O Faro & Associates, P.A., R.A. Coral Bay Condominium Association, INC, CIO 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.cityofcapecanaveral.org e-mail: infokcitypfc4pecanaveral.org Page 2 2013-00020 Our office received a complaint in regards to an infestation of roaches in the reftigerator 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 guestroorns 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.cityofcqpecanaveral.or e-mail: info 6�cityofcqpecanaveral. 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 an 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.org e-mail: info�kcityofcapecanaveral.org Property Owner: Mr. Lenny Cassanelli Case Number: 2012-00006 Date: April 18, 2013 RE: 7521 MAGNOLIA AVENUE CAPE CANAVERAL, FL 32920 After January's Code Board Hearing I contacted Florida Building Code Commission; namely, Mo Madani, (850)717-1825 to discuss the 50% work area as defined in FBC "Existi ' ng". I explained the current conditions at 7521 Magnolia Avenue and with that he concluded that based on the interpretation of the Building Official it appeared the property owner would need to request a declaratory statement to dispute the interpretation. I informed Mr. Madani I provided the information as describe in FS 553 to the property owner. We continued to discuss the FBC "Existing" to see if there was something that would better serve to reach compliance. The following is a brief over -view of a consideration: FBC "Existing" Chapter 5, Section 506.2.2. 1: Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged building, if repaired to its pre -damaged state, would comply with the provisions of the codes that were in effect when the building was permitted. A. Section 506.2.2.2 Extent of repair for compliant buildings. See attached. B. Section 506.2.2.3 Extent of repair for noncompliant buildings. See attached. We had a brief discussion on this code and agreed that at best the 50% applies however; the property owner would have these options as stated above. In March, sometime after the March Code Board Hearing I stopped by 7521 Magnolia Avenue where Mr. Cassanelli was in the process of securing and cleaning the building such as, boarding some openings, paint, and removing debris and talked with him about the code mentioned above. During that visit he had asked that if he completely secured the building will the City find the property in compliance. My response was no. I explained that it is more than just securing and cleaning up the property. With that, based on this information I recommend that the Board the Code Enforcement Officer's recommendations. Glenn B. Pereno Chief Building Official , 41 REPAIRS that has sustained substantial structural damage to the ele- ments of its lateral force -resisting system shall be evaluated in accordance with Section 506.2.2. 1, and either repaired in accordance with Section 506.2.2.2 or repaired and rehabili- tated in accordance with Section 506.2.2.3 depending on the results of the evaluation. 506.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the code official. The eval- uation shall establish whether the damaged building, if repaired to its predamaged state, would comply with the provisions of the codes that were in effect when the building was permitted. 506.2.2.2 Extent of repair for compHant buildings. If the evaluation establishes that the building in its predam- age condition complies with the provisions of Section 506.2.2. 1, then the damaged elements shall be permitted to be restored to their predarnage condition. 506.2.2.3 Extent of repair for noncompliant build- ings. If the evaluation does not establish that the building in its predamage condition complies with the provisions of Section 506.2.2. 1, then the building shall be rehabili- tated to comply with the provisions of this section. The wind load for the repair and rehabilitation shall be those required by the building code in effect at the time of orig- inal construction, unless the damage was caused by wind, in which case the wind loads shall be in accordance with the Florida Building Code, Building. 506.2.3 Substantial structural damage to gravity load -carrying components. Gravity load -carrying compo- nents that have sustained substantial structural damage shall be rehabilitated to comply with the applicable provi- sions for dead and live loads in the Florida Building Code, Building. Undamaged gravity load -carrying components that receive dead or live loads from rehabilitated compo- nents shall also be rehabilitated if required to comply with the design loads of the rehabilitation design. 506.2.3.1 Lateral force -resisting elements. Regardless of the level of damage to elements of the lateral force -resisting system, if substantial structural damage to load-carTying components was caused primarily by wind effects, then the building shall be evaluated in accordance with Section 506.2.2.1 and, if noncompliant, rehabilitated in accordance with Section 506.2.2.3. 506.2.4 Flood hazard areas. In flood hazard areas, build- ings that have sustained substantial damage shall be brought into compliance with Section 1612 of the Florida Building Code, Building. SECTION 507 ELECTRICAL 507.1 Material. Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material in accordance with Chapter 27 of the Florida Building Code, Building. Exceptions: 1. Existing electrical wiring and equipment undergoing repair shall be permitted to be repaired or replaced with like material. 507.1.1 Receptacles. Replacement of electrical receptacles shall comply with the applicable requirements of Chapter 27 of the Florida Building Code, Building. 507.1.2 Plug fuses. Plug fuses of the Edison -base type shall be used for replacements only where there is no evidence of over fusing or tampering per applicable requirements of Chapter 27 of the Florida Building Code, Building. 507.1.3 Nongrounding-type receptacles. For replacement of nongrounding-type receptacles with grounding -type receptacles and for branch circuits that do not have an equip- ment grounding conductor in the branch circuitry, the grounding conductor of a grounding -type receptacle outlet shall be permitted to be grounded to any accessible point on the grounding electrode system or to any accessible point on the grounding electrode conductor in accordance with Chapter 27 of the Florida Building Code, Building. 507.1.4 Group 1-2 receptacles. Non -"hospital grade" receptacles in patient bed locations of Group 1-2 shall be replaced with "hospital grade" receptacles, as required by NFPA 99 and Chapter 27 of the Florida Building Code, Building. 507.1.5 Grounding of appliances. Frames of electric ranges, wall -mounted ovens, counter -mounted cooking units, clothes dryers and outlet or junction boxes that are part of the existing branch circuit for these appliances shall be permitted to be grounded to the grounded circuit conduc- tor in accordance with Chapter 27 of the Florida Building Code, Building. SECTION 508 MECHANICAL 508.1 General. Existing mechanical systems undergoing repair shall comply with Section 301.11 of the Florida Build- ing Code, Mechanical and shall not make the building less con- forming than it was before the repair was undertaken. 508.2 Mechanical draft systems for manually fired appli- ances and fireplaces. A mechanical draft system shall be per- mitted to be used with manually fired appliances and fireplaces where such a system complies with all of the following require- ments: I . The mechanical draft device shall be listed and installed in accordance with the manufacturer's installation instructions. 2. A device shall be installed that produces visible and audible warning upon failure of the mechanical draft device or loss of electrical power at any time that the 5.2 2010 FLORIDA BUILDING CODE — EXISTING BUILDING 61 U:� S,� fe— qp tj'c"�, �y 4*�?" Okel�. — ---------- No — 4 f 1-1': 7 ae'e" V2-'�'� � 4L— 6PLC�t'A — Cavi - le�x , 7 cS_Se /,. No — a& 41 w-_ _�5-0,eg 5;� e-�etz:, —zf—e— q v -� 67J �g I Z�-Cloc � ee5-6 i e"', t& /