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HomeMy WebLinkAboutCEB 6-20-2013Call to Order Roll Call e 'ity of Cape Canaveral mmunity & Economic Development Department AGENDA :)DE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE JUNE 20, 2013 6:00 P.M. Establish Next Meeting Date: July 18, 2013 NEW BUSINESS: Ut '_�Ls 1 Approval of Meeting Minutes: May 23, 2013 < ;z COMPLIANCE HEARINGS: Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. Nagel, Property Owner. Case No. 12-00015 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (218 Jefferson Ave.) — Robert M. Barthelme, Property Owner. 4/ Case No. 12-00089 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7108 & 7110 Poinsetta Ave.) — Hung Thien & Thanh Thi Vu, Property Owner. - --r, , , PUBLIC HEARINGS: ,,S' Case No. 13-00024 - 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, (120 Jackson Ave.) — Randall Shane Reynolds Trustee. Case No. 13-00033 - Violation of Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances, (107 Anchorage Ave.) — Sea Spray Townhomes Condominium Association, Inc. c/o K. Stafford R.A. 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: infogcityofcaecanaveral.org Code Enforcement Board Agenda June 20, 2013 Page 2 4/ Case No. 13-00037 — Violation of Section 302.1, Sanitation; Section 303.14, Window, Skylight and Door Frames; Section 304.3, Interior Surfaces, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (226 Polk Ave.) — Russell L. Moots, Property Owner. J4. Case No. 13-00047 — Violation of Section 110-468, Accessory Structures, of the City of Cape Canaveral Code of Ordinances, (625 Manatee Bay Dr.) — Donceel, Randal Craig Trustee, Discovery Bay Homeowners Association Inc., c/o George L. Schorn Jr., R.A. OLD BUSINESS: 9. Case No. 10-00123 — Application for Satisfaction or Release of Code Enforcement Lien, (213 Pierce Ave., Unit D) — Juan Gonzales, Property Owner. 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 MAY 23, 2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on May 23, 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 Lynn Mars MEMBERS ABSENT Ralph Lotspeich 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 June 20, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes:,April 18, 2013. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of April 18, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 23, 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 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. 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 boarded up all of the windows and secured of the property; however the property is not in compliance with the Board Order. Lenny Cassanelli, property owner, testified that he has been working to secure the property by boarding up all the windows. Mr. Cassanelli stated that he has obtained a report from a design professional, as ordered, and is ready to submit the report and plans to the building department for review. Mr. Cassanelli further stated that he has a few folks that may be interested in the purchase of the property. Officer Alexander respectfully requested that the Board find the Respondent non-compliance of the 4th 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 until found in compliance. Motion by Mr. Hale, seconded by Mr. Viens, to accept Staff's recommendation and find the respondent in non-compliance and impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 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. 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 infestation. Officer Palmer stated that a site visit revealed pest infestation throughout the Code Enforcement Board Meeting Minutes May 23, 2013 Page 3 residence. Officer Palmer further stated that there were no screens on any of the windows, a cracked window, a leak at the kitchen sink, a bathroom window that will not open, and a back door that was hard to close. Giuseppe Conoscenti, property manager, testified that he has not been able to get in to the unit because the tenant would only allow access after 5 pm during weekdays and on the weekends. Mr. Conoscenti stated that the tenant has not paid rent for the past three months and the property management company has stated the eviction process. He further stated that he is not able to contact the tenant or it will violate the eviction process and they would have to start over. Mr. Conoscenti explained that, once the tenant is evicted, he will clean up the unit. Officer Palmer respectfully requested that the Board find the Respondent in 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 and give the Respondent until June 20, 2013 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in violation and be given until June 20, 2013 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 6:25 P.M. Approved on this day of. Joy Lombardi, Board Secretary 2013. Mary Russell, Chairperson City of Cape Canaveral Community Development Department C11 I OF F!!� NOTICE OF COWLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00012 A Florida Municipal Corporation, DATE: 6/7/13 Complainant, V. Respondent(s): Dolores G. Nagel, P.0 Location of the Violation: 201,203,205 Jefferson Avenue, Cape Canaveral 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 20, 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 Third Amended Order Imposing Penalty on First Violation attached as E)UMIT "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 BOARIYS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WMCH THE APPEAL IS TO BE BASED. DATED this 7th dav of June 2013 — Du-ree Alexander I Code Enforcement Officer 75 10 N. Atlantic Avenue Post Office Box 326 - Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247 01 V OF CAM CAkAVOML City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Dolores G. Nagel Owner of the Property located at: 201, 203, 205 Jefferson Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT I & W/2 of LOT 2 BLK 14 PLAT BOOK 0003 PAGE 0007 Respondent, Case #12-00012 3rd AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on June 21, 2012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1 . That Respondent was provided a 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecqnqveral.or e-mail: info gei tyo fcapecanaveral. org Case # 12-00012 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 20, 2012. 7. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. 8. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 21, 2013. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until June 20, 2013 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph shall -be retroactively imposed beginninn on June 21, 2012 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. Case #12-00012 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 March, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA lk!��'C', � -'a Mary Rus#b1l,'Chairperson Copies furnished to: Dolores G. Nagel, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral Community Development Department 0"01; ��OTICE OF COMPLIANCE HEARING TTIE CITY OF CAPE CANAVERAL CASE No. 2012-00015 A Florida Municipal Corporation, DATE: 6/7/13 Complainant, V. Respondent(s): Robert M. Barthelme, P.O. Location of the Violation: 2 18 Jefferson Avenue, Cape Canaveral, FL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 20, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Amended Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF. CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DA D this 7th 'June, 2013 uree Alexander, Code tnforcement 0111cer- 75 10 N. Atlantic Avenue Post Office Box 326 * Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 * Fax & Inspection: (321) 868-1247 %v%-.,%v.cit),ofcapecanaveral.org - email: ccapecanaveral@cfl.rr.coin City of Cape Canaveral Community & Economic Development Department C1 9 or CAM CANAVEML CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00015 A Florida municipal corporation, Complainant, L X I Robert M. Barthelme Owner of the Property located at: 218 Jefferson Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA E 31.67 FT OF LOT 14 & W 30 FT OF LOT 15 BLK 8 PLAT BOOK 0003 PAGE 0007 Respondent, AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION JAMENDED 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 October 18, 2012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1 . That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105. 1, Permit Required; Section 110. 1, Inspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 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@cityofcgpecanaveral.org Case #12-00015 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Permit Required; Section 110.1, inspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. 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 June 20, 2013 to correct the violation of the City Code on the Property by obtaining the required permit; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on October 18, 2012 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article V1. Case #12-00015 DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of January, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA �AJ7A., M4. W6.WWW, W WA f-. �U& ell, Chairperson Copies furnished to: Robert M. Barthelme, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department F COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00089 A Florida Municipal Corporation, DATE: 06/07/2013 Complainant, V. Respondent(s): VU, HUNG TIEN & VU, THANH THI H/W Location of the Violation: 7108 & 7110 Poinsetta Avenue, Cape Canaveral, FL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 20, 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 EXH113IT "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: info (d) cityofcqpecanaveral. 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 7th day of June, 2013 gn-:—anPalmer, 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: infoggitypfcLipecanaveral.oIg City of Cape Canaveral Community & Economic Development Department ca" CANAVER" CODE ENFORCEMENT BOARD !=:—VCITY OF CAPE CANAVERAL9 FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00089 A Florida municipal corporation, Complainant, V. Hung Thien & Thanh Thi Vu Owner of the Property located at: 7108 & 7110 Poinsetta Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA, LOT 1, 2, BLK 62 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: 1 . That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, 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 had representation at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, 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.cityofcapecanaveral.o e-mail: info g6typfcapecanaveral. org Case #12-00089 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 one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 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 Mary Rus#II, Chairperson Copies furnished to: Hung Thien & Thanh Thi Vu City of Cape Canaveral, Case File City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD M- CITY OF NOTICE OF HEARING CAPE CANAVERAL 7TY 07F CAPE CANAVERAL CASE No. 2013-00024 A Florida Municipal Corporation, DATE: 6/7/13 Complainant, V. Respondent(s): Randall Shane Reynolds Trustee Location of the Violation: 120 Jackson Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 20, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D day of June, 2013 6'e' LD-, Duree Alexander, Code Enforcement Officer 75 10 N. Atlantic Avenue post Office liox 326 * Cape Canaveral, FL 32920-0326 Iluilding & Code I:nforcenient: (321) 868-1222 Planning & Development (321) 868-1206 a Fax & Inspection: (321) 868-1247 1 .-.,WW.Cit%,Of'c;iticc.ina-,-er.ii.ori,. - cmail: ccapecanaveral@&rr.com NOTICE OF VIOLATION City of Cape Canaveral Community & Economic Development Department CA" CAKAVIE*AL THE CITY OF CAPE CANAVERAL CASE NO. 2013-00024 A Florida Municipal Corporation, Date: 3/4/13 Complainant, V. Owners of the property located at: 120 Jackson Avenue, Cape Canaveral, FL 32920 Respondent(s): Randall Shane Reynolds, Trustee 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): 120 Jackson Avenue, Cape Canaveral, Fl, 32920 2. Name and address of owner(s) of property where violation(s) exist: Randall Shane Reynolds, Trustee 120 B Jackson Avenue Cape Canaveral, Fl, 32920 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, Fl, 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cilyofca-pecanaveral.org e-mail: infokci1yofcapecanaveral.org, )0024 work order was placed on your property on January 15, 2013, by staff for the installation +U ;.-,-A ermits and approved inspections. A search of ot widowts) and root wom UL �.' ]L%,%jL& F our records revealed that Permit #9412, for window installation was issued on 1/ 18/13. You will still be required to obtain a permit for the roof work. 3. Description of Violation(s) at property: 82-10, Stop Work Order; Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. Section 82-3 1, Florida Building Code Adopted; The Florida Building Code 20 10 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. FLBC 105.1 Required Permit(s); Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC I 10. 1 General Inspection(s); Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation(s) to correct the violation(s) described above: You must obtain a permit and the required approved final inspection(s) for the roof work done to Unit B. 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 recornmendations contained herein, do not hesitate to contact the below signed Code Enforcement officer at the City of Cape C eral, (321) 868-1222. I)uree Al der Code Enforcement Officer City of Cape Canaveral Community & Economic Development Department )TICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2013-00033 A Florida Municipal Corporation, DATE: 06/07/2013 Complainant, V. Respondent(s): Sea Spray Townhomes Condominium Association, INC. C/O K. Stafford Registered Agent Location of the Violation: 107 Anchorage Ave, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 20, 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.citvofcqpecanaveral.or e-mail: infokcitypfcLipecanaveral.or 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 VERBATIN4 RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 7th day of June, 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.cityofqqpecanaveral.or e-mail: infogcityofc4pecanaveral.org =" OF CAft CA"VRR" City of Cape Canaveral Community & Economic Development Department REVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 107 Anchorage Ave, Cape Canaveral, FL 32920 Respondent(s): Sea Spray Townhomes Condominium Association, INC. C/O K. Stafford Registered Agent CASE NO. 2013-00033 Date: 05/02/13 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within 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): 107 Anchorage Ave, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Sea Spray Condominium Association, INC. CIO K. Stafford Registered Agent I River Falls Dr. 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.cityofc�ipecanaveral.org e-mail: info(&,cityofcqpecanaveral.ojg Page 2 2013-00033 Our office received a complaint regarding the condition of your fence(s). A site visit revealed your fence was falling over onto the adjacent property, which could cause property damage. We also observed the gates on the north side fence were deteriorating and falling down onto the adjacent property and is hindering the fire department from accessing city fire hydrants. 3. Description of Violation(s) at property: Sec. 34-96. (d) - Standards established. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence 6n the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. 4. Recommendation(s) to correct the violation(s) described above: • Repair portion of fence that has fallen over. • Repair all gates so they open, close and can be secured correctly. 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.cityofc�pecanaveral.or e-mail: info gcityofcgpecanaveral. oEg City of Cape Canaveral C&ft CA Community & Economic Development Department CODE ENFORCEMENT BOARD NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Russell L Moots Location of the Violation: 22-6 Polk Avenue, Cape Canaveral, FL 32920 CASE No. 2013-00037 DATE: 6n113 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 20, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WIIICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D; D this 7th day f June, 2013 (A ,7, 7i �_'a b'ure—e Afe­xa�der—, Code WCrcement 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@cityofcqpecanavera1.or City of Cape Canaveral Community & Economic Development Department A Ift N-'. .. =C-- - Mck" NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 226 Polk Avenue, Cape Canaveral, Fl, 32920 Respondent(s): Russell L. Moots CASE NO. 2013-00037 Date: 4/17/13 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within 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): 226 Polk Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Russell L. Moots 226 Polk Avenue Cape Canaveral, Fl, 32920 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 2013-00037 Page 2 Staff has received numerous complaints regarding chickens being raised on your property and being allowed to run loose throughout the community. Staff has informed you that Chickens are not allowed in the Residential Zoning Districts in the City of Cape Canaveral, and requested on several occasions that they be removed. Upon the most recent visit the following violations were noted on your property. 3. Description of Violation(s) at property: Sec 14-26, Adopted, The County animal control ordinance, as amended, is adopted by reference as though it was copied in this article fully. Sec. 14-36 Definitions; A farm animal is defined as a domestic animal, not a dog or cat, which is normally raised for harness, riding, food, milk, eggs, or wool for local consumption or sold to others, or those animals bred for those purposes and may be an ungulate, (such as horses, cattle, sheep, etc.), bird or other animal commonly referred to as livestock. City of Cape Canaveral Code of Ordinances: Sec. 110- 295, Prohibited uses and structures; In the R-2 medium density residential district, all uses and structures not specifically or provisionally permitted in this division are prohibited. Sec. 82-221, International Property Maintenance Code Adopted; The International Property Maintenance Code, (IPMC) 1998 edition, as published by the international Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Sec. 302.1 Sanitation; All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 303.14, Window, Skylight and Door Frames; All exterior waHs shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. IPMC Sec. 304.3 Interior surfaces; All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. Sec. 34-176, Definitions; Inoperable Motor Vehicle, in part; the absence of a license plate for the current year and/or the absence of a current motor vehicle registration shall be prima facie evidence that such motor vehicle is inoperable. 2013-00037 Page 3 Sec. 34-181, Storing, Parking or Leaving on Private Property, (a); No person shall park, store, leave or permit the storing or leaving of any abandoned property or inoperable motor vehicle of any kind, whether attended or not, upon any private property within the city. See. 34- 182, Notice to Abate; in part; Whenever it comes to the attention of the enforcement authority that any nuisance as defined in section 34-181 appears to exist on private property, he shall cause a written notice to be affixed to the property, declaring the existence of the nuisance and ordering whoever has an interest in the property to comply with this article by removing the abandoned property or inoperable vehicle within 72 hours of the notice. 4. Recommendation(s) to correct the violation(s) described above: Immediately remove "all" chickens from the property. Repair all deteriorated portions of the structure to include the exterior and interior portions of the structure. The interior ceiling and exterior portion of the structure on the West side of the house. Repair the broken windows by replacing the glass and remove the broken glass from the window frame. Obtain a current tag for the boat, or remove the boat for the City of Cape Canaveral. NOTE: THE TRAILER MUST BE REMOVED WITHIN 72 HOURS OF RECIPET OF THIS NOTICE PER: SECTION 34-182, AS STATED ABOVE. Failure to comply within (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. 4�ieeAlex4an Code Enforcement Officer City of Cape Canaveral Community & Economic Development Department riCE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, CASE No. 2013-00047 DATE: 06/07/2013 Complainant, V. Respondent(s): DONCEEL, RANDAL CRAIG TRUSTEE DISCOVERY BAY HOMEOWNERS ASSOC INC, CIO GEORGE L. SCHORN JR. R.A. Location of the Violation: 625 MANATEE BAY DR, CAPE CANAVERAL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 20, 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 EXH1131T "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 corTect 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.c1tvofcqpecanaveral.o e-mail: info@cityofcqpecanaveral.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 7th day of June, 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: infokcityofcqpecanaveral.or-g emm CAft CANWER" City of Cape Canaveral Community & Economic Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2013-00047 A Florida Municipal Corporation, Date: 05/21/2013 Complainant, V. Owners of the property located at: 625 MANATEE BAY DR, CAPE CANAVERAL 32920 Respondent(s): DONCEEL, RANDAL CRAIG TRUSTEE DISCOVERY BAY HOMEOWNERS ASSOC INC, C/O GEORGE L. SCHORN JR. 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): 625 MANATEE BAY DR, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: DONCEEL, RANDAL CRAIG TRUSTEE DISCOVERY BAY HOMEOWNERS 625 MANATEE BAY DR ASSOC INC, C/O GEORGE L. SCHORN CAPE CANAVERAL, FL 32920 JR. R.A. 603 MANATEE BAY DR 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.citvofcqpecanaveral.or e-mail: inf6gcityofcqpecanaveral.oEg Page 2 2013-00047 Our office received a complaint regarding work without a permit. During a site visit we observed an accessory structure being built in the front yard. A records search revealed no permit or variance had been issued. 3. Description of Violation(s) at property: See. 110-468. - Accessory structures. No accessory structure shall be erected in any front yard, and the accessory structure shall not cover more than 30 percent of any required rear setback. No separate accessory structures shall be erected within ten feet of any building on the same lot or within five feet of any lot line. An accessory structure shall not exceed 24 feet in height. However, a lot with a one- or two-family residence only may have one additional accessory structure erected per unit, not to exceed 100 square feet with a maximum height of ten feet if detached or 32 square feet with maximum height of ten feet if attached in rear setback. In new construction an accessory building may not be constructed prior to the construction of the main building. No accessory building shall be used for any home occupation or business or for permanent living quarters; it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or otherwise used as a separate dwelling. 4. Recommendation(s) to correct the violation(s) described above: * Remove the structure from the front yard 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.cityofcapecanaveral.org e-mail: info(&,cityofc�!pecanaveral.oriz City of Cape Canaveral Community Development Department ,SE OR SATISFACTION OF LIEN HEARING ?,AL A Florida Municipal Corporation, Complainant, V. Respondent(s): Juan S. Gonzalez Location of the Violation: 213 Pierce Avenue, Unit D, Cape Canaveral 32920 CASE No. 2010-00123 DATE: 6/7/13 A SATISFACTION OR RELEASE OF A CODE ENFORCEMENT LIEN HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 20, 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), which occurred upon the property of the Re�pondent(s) as set forth in the Application for Satisfaction or Release of Code Enforcement Lien- and attached as EXHIBIT "A" and shall make a determination as to whether such lien(s) shall be satisfied or released pursuant to Section 162.00, 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. Upon review of the application and any testimony presented, the Code Enforcement Board shall, by motion, direct a recommendation to the City Council for approval, approval with conditions, or denial of the application for satisfaction or release of the Code Enforcement lien. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D,��D this 12th day of June 2013 Duree Alexander Code Enforcement Officer 75 10 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 s Planning & Development (321) 868-1206 * Fax & Inspection: (321) 868-1247 %Lntnur;"rt%frqv-ier-.innver.-ii-nrty - email: ccaDccanaveral@cfl.rr.com CITY OF CAPE CANAVERAL 'oul mdir- APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEEN CODE ENFORCEMENT CASE#: Dt)10-001ao APPLICATION FEE: $ 100 0-6 APPLICANT: aocln DATE: ADDRESS: CITY: u o j G STATE: ZIP: NAT'URE OF VIOLATION(S): ADDRESS OF SUBJECT PROPERTY: e-rCe, )Z�U. UP �T DATE FM/LIEN INTOSED: AMOUNT: 31 100 * 00 --/DAY OR TOTAL COMYLIANCE DATE: RELIEF REQUESTED: 6���REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES$ -Q- AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) I k/ )U�( 4K TERMS OR CONDITIONS TO BE INTOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) [\-)\o THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) 141 ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LMTED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) C� 0�9(16(t� P�uo"Ir-Ley- +0 Le� ��23 f1c f�) vv-\ L Date: �0 Applicanftlignature 4 0 STATE OF COUNTY OF E�j �LocL,,,j BEFORE ME the undersigned authority did personally appear -7 �,,J22LLn —(j�-�who provided NJ#-6a'5�all 1-70-D as identificatim, and who after being place under oath, swore or affirmed the information contained within this applicatio—ri 'istrue and correct, APPLICATION FEE: $ 1 (2) c:), oc.,:)' 7Z:4 b i I , � 0 Notary Pubic" I FOR STAFF USE ONLY RECEIVED BY CITY ON CONTLIANCE CONFIRMED BY BL51LDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMNENDATION ATTACHED: YES ACTION OF CITY COUNCIL: APPROVE; DENY; CONDITIONS: DATE OF COUNCIL ACTION: APPROVE WITH FOLLOWING CONDITIONS AND PAYMENT OF REDUCED FINE TO BE NET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE I G-4 U, -i ce&w c", rcr� cad,-. 7 4e- - ---------- /5 -3 7 P(a do-e,rl- 7" V, Ckt,- c- ct A-fr. az& aC4-.V� sle4-� co -I V, Ckt,- A-fr.