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Home My WebLink AboutCEB 7-18-2015Call to Order Roll Call [ty of Cape Canaveral imunity & Economic Development Department , AGENDA )E ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE JULY 18, 2013 6:00 P.M. Establish Next Meeting Date: August 22, 2013 NEW BUSINESS: 0 1. Approval of Meeting Minutes: June 20, 2013 COMPLIANCE HEARINGS: 1< -2. 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. 13-00037 — 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. PUBLIC HEARINGS: '11( y 4. Case No. 13-00033 - Violation of Section 34-96(d), Standards Established of the Cit of Cape Canaveral Code of Ordinances, (107 Anchorage Ave.) — Sea Spray Townhomes Condominium Association, Inc., c/o K. Stafford R.A. 5. Case No. 13-00034 - 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, (8522 N. Atlantic Ave., Unit 35) — William & Carol Groetsch, Property Owners. 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: infb(&,cityofcqpecanaveral.org Code Enforcement Board Agenda July 18, 2013 Page 2 OLD BUSINESS: 6. 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. Request for Re -Hearing and Motion for Stay of Order Imposing Penalty of First Violation. 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 JUNE 20, 2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 20, 2013, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Walter Godfrey James Hale Ralph Lotspeich Lynn Mars OTHERS PRESENT Duree Alexander Brian Palmer Glenn Pereno Joy Lombardi Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on July 18, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: May 23, 2013. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of May 23, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes June 20, 2013 Page 2 COMPLIANCE HEARINGS: 2. Case No. 12-00012 - Violation of Section 303.1. General: Section 303.4. Structural Memberse Section 303.7. Roofs and Drainage, of the International Property Maintenance Code (11998 edition), as adopted by Section 82-22 1. 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. Delores Nagel, property owner, testified that there is an offer for a short sale that the bank has not responded to. Ms. Nagel stated that if the sale does not go through, the property will go into foreclosure. Ms. Nagel further stated that she is having a difficult time trying to get answers from the realtor or the bank and is requesting three months to sell the property or let it go to the bank. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the 4 th Amended Board Order, 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 the additional time requested by the Respondent. Motion by Mr. Godfrey, seconded by Mr. Hale, to amend Staff's recommendation and find the respondent in non-compliance and be given until September 19, 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. 3. 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: and NEC Section 225.61(a), Clearances over Buildings and Other Structures, (218 Jefferson Ave.) — Robert M. Barthelme, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for work without a permit. Officer Alexander stated that the Respondent has obtained a permit and work has commenced on the property. Robert Barthelme, property owner, sent a written request for additional time due to the fact that he is out of state caring for his elderly mother. Mr. Barthelme requested a six months extension. Code Enforcement Board Meeting Minutes June 20, 2013 Page 3 Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Amended Board Order, and be given until September 19, 2013 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning on October 18, 2012 until found in compliance. Motion by Mr. Viens, seconded by Mr. Godfrey, to accept Staffs recommendation and find the respondent in non-compliance and be given until September 19, 2013 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning on October 18, 2012 until found in compliance. Vote on the motion carried unanimously. 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, Propett Owner. Code Enforcement Officer, Brian Palmer, testified that this Case is in compliance. PUBLIC HEARINGS: 5. Case No. 13-00024 - Violation of Section 105.1. Permit Required; Section 110j 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. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for work without a permit. Officer Alexander stated that, following a complaint, a site visit revealed a window replacement and roof work being done by an unlicensed contractor without a permit. A Citation was issued to the individual and a Stop Work Order was posted on the property. Officer Alexander explained that a permit was issued for the window installation; however the final inspection cannot be completed until the engineering for the framing around the window is submitted and roof permit is obtained. Glenn Pereno, Building Official, testified that the window contractor is not qualified for the framing of the wall to change the size of the opening. Mr. Pereno stated that a contractor must submit a permit application and drawings for the framing and the re -roof. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and be given until July 18, 2013 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Code Enforcement Board Meeting Minutes June 20, 2013 Page 4 Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staffs recommendation and find the Respondent in violation and be given until July 18, 2013 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 6. 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. Code Enforcement Officer, Brian Palmer, requested that this Case be withdrawn from the agenda due to notification. 7. 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. 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 property maintenance. Officer Alexander stated that, following a complaint, a site visit revealed that there were chickens on the premises, two broken windows, an untagged boat, an overgrown lot, and a deteriorated ceiling. Officer Alexander explained that, following the Notice of Violation, the Respondent sold the boat, got rid of the chickens, and cut the grass. She further stated that the Respondent is not in full compliance until he repairs the windows and the ceiling drywall. Russell Moots, property owner, testified that he will have the windows repaired on Thursday of next week and the drywall repair is small and he would have that repaired also. Officer Alexander respectfully requested that the Board find the Respondent in 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, and be given until July 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 until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the Respondent in violation and be given until July 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 until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes June 20, 2013 Page 5 8. Case No. 13-00047 — Violation of Section 110-468, Accessory Structures, of the City o Z�ape Canaveral Code of Ordinances, (625 Manatee Bay Dr.) — Donceel, Randal Crai-q Trustee, Discovery Bay Homeowners Association Inc., c/o George L. Schorn Jr., 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 the construction of an accessory structure in the front yard. Officer Palmer stated that a Stop Work Order was posted on the property and informed the Respondent that he would need to contact the Planning & Zoning Director about a variance for the structure. Officer Palmer explained that, following a complaint of work continuing on the structure, a site visit revealed that the Stop Work Order was removed and additional work had been observed. Officer Palmer posted another Stop Work Order on the property. Officer Palmer reported that the Respondent expressed to Staff that it was his opinion that his "Tiki Hut" was not an accessory structure; however, Staff explained that the structure met the definition per Section 110 of the City Code. The Respondent sent an e-mail that stated that he was out of state and requested additional time to address the Board. Lila Gilbert, of 620 Manatee Bay Dr., testified that her neighbor has continued to construct the structure even after the Stop Work Order was posted. Ms. Gilbert stated that this structure should never have been built. Dan Gilbert, of 620 Manatee Bay Dr., testified that he has a concern regarding the safety of neighboring properties during a storm. Mr. Gilbert stated that this property owner has no regard for City Code and has violated the Stop Work Order. Officer Palmer respectfully requested that the Board find the Respondent in violation of Section 110-468, Accessory Structures, 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 until found in compliance. Glenn Pereno, Building Official, stated that he would not be able to issue a permit for the structure in the front yard, according to City Code. Mr. Pereno further stated that the Respondent is out of the state and has requested additional time to address the Board due to the fact that he is intending to request a variance from the Board of Adjustment. He explained that it is the Board's decision to accept Staffs recommendation or to grant additional time for the Respondent to testify. Mr. Viens stated that he would be in favor of amending Staff's recommendation to allow the additional 30 days. Discussion followed. Motion by Mr. Godfrey to amend Staff's recommendation and increase the fine to two hundred and fifty dollars ($250.00) for the first day and one hundred and twenty-five dollars ($125.00) per day thereafter until found in compliance. Motion died for lack of a second. Code Enforcement Board Meeting Minutes June 20, 2013 Page 6 Motion by Mr. Hale, seconded by Mr. Lotspeich, to accept Stars recommendation and find the respondent in violation and impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried by a 5 to 1 majority, with Raymond Viens voting against. OLD BUSINESS: 9. Case No. 10-00123 — Application for Satisfaction or Release of Code Enforcement Lien, (213 Pierce Ave., Unit D) — Juan Gonzalez, 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 was for exterior maintenance and no water. Officer Alexander stated that Mr. Gonzalez has purchased the property, had water meters installed, and has connected to the meter. Officer Alexander explained that Staffs consideration for the reduction of the lien included attorney fees; the fact that the new owner was not the cause of the violation; the length of time to bring the property into compliance once they purchased the property; the minor blighting effect on the surrounding properties; and the amount of Staff time involved in the enforcement of the violations. Mr. Gonzalez, property owner, testified that he was not the original owner that was cited in violation and explained that he has brought the property into compliance. Mr. Gonzalez is requesting the satisfaction of the lien. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of three thousand one hundred dollars ($3,100.00) to two thousand dollars ($2,000.00). Motion by Mr. Lotspeich, seconded by Mr. Viens, to recommend that Council reduce the lien in the amount of three thousand one hundred dollars ($3,100.00) to five hundred dollars ($500.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 7:16 P.M. Approved on this day of 2013. Mary Russell, Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral Community & Economic Development Department an or CODE ENFORCEMENT BOARD NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2013-00024 A Florida Municipal Corporation, DATE: 7/3/13 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 July 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 THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WMCH THE APPEAL IS TO BE BASED. rthis 3d day of July, 2013 Duree Alexander, Code Enforcement Officer 75 10 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org City of Cape Canaveral Mir Community & Economic Development Department "M =0"W CA"N"Az�WMA" CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, Im Randall Shane Reynolds Owner of the Property located at: 120 Jackson Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOTS 12,13, & 14 BLK 25 PLAT BOOK 0003 PAGE 0007 Respondent, Case #13-00024 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 June 20, 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. 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 (uCity 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 (2010 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 not present at the hearing; 75 10 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@cityofcqpecanaveral.org Case #13-00024 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 (2010 edition), as adopted by Section 82-3 1, 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 July 18, 2013 to correct the 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 20th day of June, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rv*ell, Chairperson - Copies furnished to: Randall Shane Reynolds, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD NOTICE OF HEARING APE CANAVERAL CASE No. 2013-00037 A Florida Municipal Corporation, DATE: 7/3/13 Complainant, V. Respondent(s): Russell L Moots Location of the Violation: 226 Polk Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 Oder 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, WIRCH INCIUDES THE TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D,iV,71) this 3rq day of July, 2013 Duree Alexander, Code Enforcement Officer 75 10 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, Fl, 32920-0326 Tclephone: (321) 868-1222 * Fax: (321) 868-1247 www.cityofcapecanaveral.org - email: info@ciryofcapccanaveral.org City of Cape Canaveral Community & Economic Development Department W CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #13-00037 A Florida municipal corporation, Complainant, V. Russell L. Moots Owner of the Property located at: 226 Polk Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA E 33.3 FT OF LOT 10 & W 33.3 FT OF LOT 11 BLK 42 PLAT BOOK 0003 PAGE 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 June 20, 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. 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 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 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; 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.orjz e-mail: inf6(&,cityofcqpecanaveral.org Case #13-00037 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 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 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 July 18, 2013 to correct the 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 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; 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 20th day of June, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA gow Mary Rulsell, Chairperson Copies furnished to: Russell L. Moots, Property Owner City of Cape Canaveral, Case File _'.ity of Cape Canaveral ,ommunity & Economic Development Department ICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2013-00033 A Florida Municipal Corporation, DATE: 07/03/2013 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 July 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.cityofcgpecanaveral.org e-mail: info(a-,)cityofc4pecanaveral.org AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 3rd day of July, 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.cityofcapecanaveral.or e-mail: infogcityofcqpecanaveral.org City of Cape Canaveral Community & Economic Development Department REVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2013-00033 A Florida Municipal Corporation, Date: 05/02/13 Complainant, V. Owners of the property located at: 107 Anchorage Ave, Cape Canaveral, FL 32920 Respondent(s): Sea Spray Townhomes Condominium Association, INC. CIO K. Stafford Registered Agent 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. C/O 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!qpecanaveral.org e-mail: infoAcityofcqpecanaveral.org 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.cityofcgpecanaveral.or e-mail: info(d�citypfcqpecanaveral.org ,'..'.ity of Cape Canaveral Community & Economic Development Department 'ICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): William & Carol Groetsch, H.W. Canaveral Breakers Annex, INC., A Condominium C/O Clifford Whitney, Registered Agent Location of the Violation: 8522 N Atlantic Ave Unit 35, Cape Canaveral, Fl, 32920 CASE No. 2013-00034 DATE: 07/02/2013 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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) occur -ring 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 cor,rected 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 Caiiaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.or e-mail: info@cityofc4pecanaveral.org AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 2nd day of July, 2013 "'� -N-A Brian Palmer, Code Enforcement Officer 7510 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 www.cityofcqpecanaveral.or e-mail: infokcityofcoecanaveral.org City of Cape Canaveral Community & Economic Development Department CAPE CANWAMAL NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 8522 N Atlantic Ave Unit 35, Cape Canaveral, FL 32920 Respondent(s): William & Carol Groetsch, H.W. Canaveral Breakers Annex, INC., A Condominium C/O Clifford Whitney, Registered Agent CASE NO. 2013-00034 Date: 04/04/2013 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): 8522 N Atlantic Ave Unit 35, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: William & Carol Groetsch H/W Canaveral Breakers Annex, INC., A Condominium 2435 Bantas Point Lane C/O Clifford Whitney, R.A. Wayzata, MN 55391 8522 N. Atlantic Ave Unit 36 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.cityofcoecanaveral.or e-mail: inf6@cityofcqpecanaveral.org Page 2 2013-00034 Our office received a complaint regarding the installation of new windows. During a site visit we observed new windows had been installed and a records search revealed no permit had been issued. 1. 3. Description of Violation(s) at property: Sec. 82-31, - Building Code. (FLBC) The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. FLBC Section 105 Required Permit(s) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC Section 110 General Inspection(s) Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation(s) to correct the violation(s) described above: 0 Obtain a permit and approved final inspection for window installation 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(& cityofcqpecanaveral.org City of Cape Canaveral Or Community & Economic Development Department =1VW C;AftCA-"4==-AL THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, Vs. RANDAL CRAIG DONCEEL, TRUSTEE, Respondent. Location of the Violation: 625 MANATEE BAY DR., CAPE CANAVERAL, FL 32920 CASE No. 2013-0047 DATE: 07/08/2013 NOTICE OF HEARING ON RESPONDENT'S MOTION FOR NEW HEARING OR RE -HEARING AND MOTION FOR STAY OF ORDER IMPOSING PENALTY ON FIRST VIOLATION A hearing will be conducted before the City of Cape Canaveral Code Enforcement Board on July 18th, 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. Pursuant to Section XII of the City of Cape Canaveral Code Enforcement Board Rules of Procedure, the Code Enforcement Board will hear Respondent's, Randal Craig Donceel, Trustee, Motion for New Hearing or Re -Hearing and Motion for Stay of Order Imposing Penalty on First Violation filed in the above-rcferenced case and shall make determinations whether or not to grant said motions. DATED this 8th day of July, 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.cityofcLapecanaveral.or e-mail: info@cityofcgpecanaveral.org CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, kto DONCEEL, RANDALL CRAIG TRUSTEE Owner of the property located at: 625 Manatee Bay Dr. Cape Canaveral, FL 32920 Legal: Discovery Bay Lot 25 Plat Book 0040 Page 0023 Respondent. CASE #13-00047 JUL 5 2013 MOTION FOR NEW HEARING OR RE -HEARING AND MOTION FOR STAY OF ORDER IMPOSING PENALTY ON FIRST VIOLATION Respondent, RANDALL CRAIG DONCEEL, Trustee, by and through his undersigned counsel, and pursuant to Code Enforcement Board City of Cape Canaveral Rules of Procedure, Sec. XII, moves the Code Enforcement Board ("Board") for a New Hearing or Rehearing of this case, and a Stay of the Order Imposing Penalty on First Violation, and in support thereof states as follows: This matter came before the Board on June 20, 2013, resulting in an Order Imposing Penalty on First Violation ("Order"). See Exhibit "I". 2. Neither Respondent nor his counsel appeared at the hearing because Respondent was out of town and had requested a continuance from City staff based upon his inability to appear at the June 20, 2013 hearing. Based upon Respondent's conversations with City staff, Respondent advised the undersigned that the matter would be continued due to Respondent's unavailability. 3. The Notice of Violation, Exhibit "2", was heard on June 20, 2013 despite Respondent's inability to appear. 4. The Notice of Violation was scheduled before the Board based upon Code Enforcement Officer Brian Palmer's Notice of Hearing dated June 7, 2013. See Exhibit "Y'. Based upon the Notice of Violation, the undersigned had requested an extension of the compliance date from Code Enforcement Officer, Brian Palmer by letter dated May 3 1, 2013. See Exhibit 'W'. 6. As stated in that letter, Respondent intended to seek either a change of the zoning code, or intended to submit an appeal of the City's staff interpretations regarding the nature of the cited accessory structure (the Tiki Hut) and/or Respondent's inability to apply for a variance as to the location of the Tiki Hut. 7. The undersigned received a response from Mr. Palmer on or about June 6, 2013, wherein he denied the request for an extension on the compliance date and indicated that there would be a Code Enforcement Board Hearing on June 20, 2013. See Exhibit "5". Respondent and the undersigned continued to attempt to work with City staff to arrive at a resolution of the Tiki Hut issue. On June 18, 2013, the undersigned sent an email to the City Attorney's office, Barry Brown, Todd Morley and Glenn Pereno requesting input on suggested code changes and requesting whether a specific City staff interpretation could be appealed. See Exhibit "6". Also in that email chain was a reference to an earlier meeting between Respondent and City staff, along with a request that City staff reconsider Respondent's request for a continuance from the June 20, 2013 Code Enforcement Board Hearing. 2 9. Despite Respondent's belief that the Code Board meeting of June 20, 2013, would be continued, and despite the continued attempts of Respondent and undersigned to find a solution to the Tiki Hut matter, the Order Imposing Penalty on First Violation was issued on June 20, 2013, and provided to the City's recording secretary on June 21, 2013. 10. The Respondent and the undersigned were first made aware that the Code Enforcement Violation Notice went forward on June 25, 2013. The undersigned was provided a copy of the Order via e-mail on that date. 11. On June 26, 2013, the undersigned was advised that there was a rehearing process and a copy of the Administrative Rules of Procedure would be provided to the undersigned. Those Rules of Procedures were provided to the undersigned on July 3, 2013. 12. On June 28, 2013, the Respondent met with City staff regarding the Order and possible code revisions. The Respondent was not advised of the rehearing process or time frame for same during that meeting. 13. Pursuant to the Board's Rules of Procedure, Sec. XII, a Motion for Rehearing must be filed with the City's Recording Secretary within ten (10) days of the Code Enforcement Order being filed with the Recording Secretary. 14. Respondent admits that this Motion is untimely, but asserts that due process requires the Board to hear this Motion at its next regularly scheduled meeting or at a special meeting called for that purpose. 15. Further, pursuant to the Board's Rules of Procedure, Sec. XV (A.), the Rules may be altered during a regular meeting by an affirmative vote of at least four (4) members of the Board. Respondent requests that the Board alter the Rules or waive the ten (10) day requirement for the rehearing in this matter. 3 16. As grounds for a Rehearing or New Hearing, Respondent cites the following: a. No Notice of Noncompliance was filed by the Code Enforcement Officer as required by Rules of Procedure, Sec. VIII. b. - As a first violation, the Board should have provided Respondent with a reasonable amount of time to correct the violation, or to consider a stay of imposition to allow Respondent to file an appropriate staff interpretation appeal or code change application. C. Since no finding of a "serious threat to the public health, safety and welfare" was found by the Board, and because no finding was made as to the gravity of the violation, as required by Sec. 162.09(2)(b)(1), Fla. Stat. (2013), the fine imposed is excessive. d. The Respondent was led to believe that the June 20, 2013 Hearing would be continued due his unavailability. e. The Respondent's attempts to file a staff interpretation appeal were hindered by the City's inability to provide him proper information on how to file an appeal. Respondent was not provided with proper due process as the Rules of Procedure were not followed and he was not entitled to be present at a hearing where he could offer testimony and provide evidence. 9- Respondent was not advised of his administrative remedy to file this Motion for Rehearing within ten (10) days of the Order being filed with the Recording Secretary. WHEREFORE, Respondent, Randal Craig Donceel, Trustee, respectfully requests this Code Enforcement Board grant his Motion for Rehearing, New Hearing, and to Stay the imposition of the Order Imposing Penalty on First Violation. 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy has been hand delivered to The City of Cape Canaveral, 75 10 N. Atlantic Avenue, Cape Canaveral, Florida 3 2920; by U.S. Mail to: George L. Schom, Jr., Discovery Bay Homeowner's Association, Inc., 603 Manatee Bay Drive, Cape Canaveral, Florida 32920 and via e-mail to Katherine Latorre, Esq. @ klatorregorlandolaw.net on July 5, 2013. Kim?q Bonder'RezaAka, Esq. Florida Bar No.: 0930342 DEAN MEAD 8240 Devereux Drive, Suite 100 Viera, FL 32940 (321) 259-8900 Telephone (321) 254-4479 Facsimile krezanka@deamnead.com Imetress@deamnead.com Attorneys for Respondent 5 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL PREPARED BY: CITY ATTORNEY'S OFFICE BROWN, WARD, SALZMAN, WEISS & GARGANESE, P.A. Two Landmark Center 225 E. Robinson Street, Suite 660 Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 Fax: (407) 425-9596 E-mail: firtn@orlandolaw.net TABLE OF CONTENTS RESOLUTION NO. 2003-01 RULES OF PROCEDURE SUGGESTED MOTIONS ESTABLISHING FINDINGS OF FACT, CONCLUSIONS OF LAW & RELIEF ORDERS WHERE VIOLATION EXISTS 3 WHERE REPEAT OR RECURRING VIOLATION IS FOUND TO EXIST OR EXISTED AFTER INITIAL COMPLIANCE ....... 4 WHERE VIOLATION IS FOUND NOT TO EXIST 5 MOTION TO CONTINUE/TABLE CASE 6 IV. FORMS - DUE PROCESS NOTICE OF VIOLATION 7 NOTICE OF NON-COMPLIANCE WITH NOTICE OF VIOLATION AND REQUEST FOR HEARING 8 NOTICE OF BEARING 9 ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) ...................................................... 10 ORDER IMPOSING PENALTY FOR REPEAT OR RECURRING VIOLATION(S) I I ORDER ON NO VIOLATION(S) EXISTING OR EXISTED AS OF CODE ENFORCEMENT BOARD BEARING ............ 12 NOTICE OF COMPLIANCE WITH ORDER OF CODE ENFORCEMENT BOARD .................................... 13 NOTICE OF NON-COMPLIANCE WITH ORDER OF CODE ENFORCEMENT BOARD .................................... 14 F:\Docs\City of Cape Cauveral\Code EnfoTcement Fonns\TableofContents.wpd RESOLUTION NO. 2003-01 A RESOLUTION OF THE CODE ENFORCEMENT BOARD FOR THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING RULES OF PROCEDURE, MOTIONS AND ORDERS TO BE UTILIZED IN QUASI-JUDICIAL MATTERS BEFORE THE BOARD; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff and the City's Code Enforcement Board, in response to developing case law regarding quasi-judicial hearings and to remain consistent with the provisions of Chapter 162, Florida Statutes, requested the City Attorney to update its rules of procedure, motions and orders governing hearings before the Code Enforcement Board; and WHEREAS, the City and its Code Enforcement Board recognize there have been changes in the law affecting quasi-judicial proceedings and deem it to be in the best interests of the health, safety, and welfare of the citizens of the City of Cape Canaveral to amend and update its previously adopted rules of procedure together with dispositive motions and orders utilized to address matters before the board. NOW, THEREFORE, BE IT RESOLVED BY THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are affirmed and incorporated as part of this resolution. Section 2. Adoption of Rules of Procedures, Motions and Orders. The Code Enforcement Board for the City of Cape Canaveral hereby adopts the following rules of procedure, motions, and orders to be utilized in matters coming before the board. These rules of procedure shall supercede the existing rules of procedure adopted by the Code Enforcement Board on January 19, 1995: I. Incorporation by Reference. The Code Enforcement Board Rules of Procedure, Motions and Orders (attached hereto collectively as Exhibit "N'), as may be amended from time to time, are incorporated as a part of this resolution and shall govern all hearings, meetings and other matters coming before the Code Enforcement Board. Resolution No. 2003-01 City of Cape Canaveral Page 1 of 2 Intent and Purpose. The Code Enforcement Board serves in a quasi-judicial capacity. As such, all parties before the Board should be afforded certain minimal due process safeguards in the form of due notice, a fair opportunity to be heard in person and through counsel, the right to present evidence, and the right to cross-examine adverse witnesses. Furthermore, the Code Enforcement Board recognizes the requirements ofapplicable law regarding this evidence and other matters which may be considered when making a quasi-judicial determination. Moreover, the Code Enforcement Board recognizes that the utilization of updated motions and orders will ensure that proper judicial enforcement and resolution of code enforcement violations will be preserved. Section 3. Severability Clause. If any section, paragraph, subdivision, clause, sentence, or provision of this Resolution shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this Resolution, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions of the Code Enforcement Board or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. However, any rules of procedure governing quasi-judicial boards adopted by the City Council shall supercede and cause the repeal of any resolution or parts thereof in conflict therewith. Section 5. Conflict with Law. These rules shall be construed in a manner which is consistent with applicable local, state and federal law and to the extent there is a conflict, applicable local, state and federal law shall prevail. Section 6. Effective Date. This resolution shall become effective immediately upon its adoption by the Code Enforcement Board of the City of Cape Canaveral, Florida. Adopted at a Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, assembled this �LOtllday of AIA,'C, �-N 2003. - Atta Xl�' Mary K.#ussell, Chairperson ATTEST: Cie , Code Enforcen)�k Board FAD=\City of Cape Canaveral\Rtsolutions\CEB—Resolution.wpd Resolution No. 2003-01 City of Cape Canaveral Page 2 of 2 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL RULES OF PROCEDURE NAME The name of this Board shall be the "Code Enforcement Board of the City of Cape Canaveral, Florida" established pursuant to Chapter 162, Florida Statutes, as adopted under Section 2-256, of the City Code of the City of Cape Canaveral, Florida. If. JURISDICTION The Board has jurisdiction over those matters which are set forth in Section 2-258 of the City Code of the City of Cape Canaveral, Florida and consistent with Chapter 162, Florida Statutes. Ill. .130ARD SIZE The Code Enforcement Board shall be comprised of seven (7) members who shall be appointed by the City Council for the City of Cape Canaveral. The City Council may also appoint up to two alternate members to serve on its Code Enforcement Board in the absence of regularly appointed Board members. IV. OFFICERS AND THEIR DUTIES A. The officers shall be a Chairman and Vice Chairman. The City Council shall provide a Recording Secretary. Page I of 17 B. The Chairman shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. C. The Chairman shall be one of the members of the Board. The Chairman shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. D. The Vice Chairman shall act in the absence of the Chairman, and a member selected from the Board may be designated to serve in the absence of the Chairman and Vice Chairman. V. ELECTION OF,OFFICERS A Members of the Code Enforcement Board shall elect a Chair, who shall be a voting member, from among the members of the Board. B. A member receiving a majority of the votes cast shall be declared Chairperson and shall serve a term of one (1) year until a successor shall take office. A member shall vote upon the Vice Chairman in similar fashion. C. Nomination of officers shall be made from the members at the annual organizational meeting in October of each year and an election shal I be held at its regularly scheduled meeting. V1. MEETINGS A. Regular Meetings - Regular meetings shall be held at least every two (2) months. The Board may set meetings more frequently if necessary. Regular meetings shall be held on the Thursday immediately following the City Page 2 of 17 Council's second meeting of each month at 7:00 p.m., in the City Council Chambers, 111 Polk Avenue, Cape Canaveral, Florida. B. Special Meetings - Special meetings may be called by the Chairman, or at least three (3) members of the Board by written notification to the Chairman. C. Notice I Notice of all meetings, both regular and special, shall be given to all Board members at least twenty-four (24) hours in advance of the meeting. 2) Notice of all meetings shall be provided to the City Clerk for inclusion on the City's schedule of meetings and events. D. Attendance 1 ) Members shall notify the Chairman of the Board if they cannot attend a meeting. 2) If a member misses two (2) out of three (3) consecutive meetings without cause and without prior approval of the Chairman, the Board shall declare the member's office vacant. The vacancy on the Board shall be filled by appointment by the City Council. E. Quorum - The presence of at least four (4) members shall constitute a quorum. An affirmative vote of a majority of those members present and voting shall be necessary to pass any motion, adopt any Order, or take any official action on behalf of the Code Enforcement Board. However, a quorum Page 3 of 17 under this section will not be necessary to adjourn a scheduled meeting or hearing for lack of quorum. F. Alternate Member, Voting Rights - In the absence of a regular Board member from an official Board meeting and if the City Council elects to appoint alternate members to the Board, the first alternate Board member shall assume all duties of the absent regular member, including the right to vote on any matter before the Board at the meeting. If two (2) or more regular Board members are absent from an official Board meeting, the second alternate member shall assume all duties of an absent regular member, including the right to vote on any matter before the Board at that meeting. G. Voting - voting shall be by roll call vote and shall be recorded by individual Itaye" or "nay". H. Abstention - Each member present is required to vote on any official matter before the Board unless a conflict exists and shall cast an "aye" or "nay" vote on each question before the Board. A conflict exists if any member has a pecuniary or financial interest in any matter pending before the Board which requires that official action be taken. Such member shall abstain from participating and voting as a member of the Board in that matter as provided under Chapter 112, Florida Statutes. In either event, the member must file a Memorandum of Voting Conflict with the Secretary of the Board as prescribed by the Florida "Code of Ethics for Public Officers and Employees" (Chapter 112, Part 111, Florida Statutes). Page 4 of 17 1. Procedure - Parliamentary procedure in Board meetings shall be governed I by Robert's Rule of Order, Revised Edition, as amended, and by the Rules of Procedure contained herein. Where in conflict, these procedures shall govern. J. Quasi -Judicial Proceedings - Code enforcement actions brought for consideration before the Code Enforcement Board are quasi-judicial in nature. Any Order or ruling of the Board must be based upon "competent and substantial evidence", which essentially means there must be present in the record "relevant and material evidence" in which a reasonable mind would accept as adequate to support the conclusion reached by the Board. In entering an Order, the Code Enforcement Board must base its rulings only upon evidence submitted at the hearing. Any Board member shall abstain from discussing any matter pending before the Board, or anticipated to be brought before the Board outside of a scheduled hearing. However, Board members may communicate with City staff to clarify facts but may not address the merits of such matter pending before the Board or anticipated to be brought before the Board outside of any scheduled meeting. Any Board member having personal knowledge or receiving additional information outside of the evidence presented at any Board meeting on any matter pending before the Board should be disclosed on the record at the Board hearing and indicating the knowledge or experience relied upon. Page 5 of 17 VIIII. ORDER OF BUSINESS A. Roll call. B. Minutes of previous meeting. C. Establish next meeting date. D. Statement of procedures. E. Reports. F. Public hearings. G. Unfinished business. H. New business, other than public hearings. 1. Adjournment. The order of business may be suspended by a vote of the majority of those members present. Vill. ACTIONS BEFORE THE BOARD A. The Board may only hear code enforcement proceedings initiated by a Code Enforcement Officer upon filing a Notice of Violation together with an a Notice of Noncompliance and Request for Hearing with the Recording Secretary assigned to the Code Enforcement Board. B. Upon the proper initiation of a hearing, the Board, upon finding that a first violation exists upon the property, may provide the violator(s) with a reasonable amount of time to correct the violation(s). Should the violation(s) continue beyond the time specified for correction in its Order, the Board may Page 6 of 17 issue an appropriate penalty at such time the Code Enforcement Officer files a Notice of Noncompliance with the Board's Order. C. Upon the proper initiation of a hearing, the Board, upon finding that a repeat or recurring violation exists upon the property, may provide the violator(s) with a reasonable amount of time to correct the violation(s) or immediately impose a penalty if the Board has previously ordered such repeat or recurring violation(s) to be corrected. If additional time is provided by the Board to correct a repeat or recurring violation and such violation(s) continue beyond the time specified for correction, the Board may immediately issue an appropriate penalty at such time the Code Enforcement Officer files a Notice of Noncompliance with the Board's Order. D. If the Board determines that a violation or condition creating the violation presents a serious threat to the public health, safety and welfare or if the violation is deemed irreparable or reversible in nature pursuant to Section 162.09, Florida Statutes, the Board may impose costs associated with enforcement and/or reasonable repairs to correct any violation(s) on the property. E. The Board shall enter findings of fact and conclusions of law as part of its Order. F. Orders of the Board imposing penalties may be recorded in the public land records for Brevard County, Florida, which shall act as a lien against the property until the violation(s) are corrected. Page 7 of 17 IX CONDUCT OF HEARING A. Upon request of the Code Enforcement Officer, or at such other time as may be necessary, the Chairperson of the Code Enforcement Board may call a hearing or, alternatively, a hearing may be called by written notice signed by at least three (3) members of the Board. Minutes shall be kept of all hearings by the Recording Secretary for the Code Enforcement Board, and all hearings and proceedings shall be open to the public. B. Each code enforcement proceeding scheduled before the Board shall be presented by City Staff and initiated by the Code Enforcement Officer. C. All testimony shall be under oath and shall be recorded. D. If the City prevails in prosecuting a case before the Code Enforcement Board, it shall be entitled to all remedies provided under Section 162.06 and 162.09, Florida Statutes, and shall be entitled to recover all costs incurred in prosecuting the violation(s) before the Board, including costs to repair any violation(s) and such costs may be included in any lien authorized under Section 162.09, Florida Statutes. E. The following procedures will be observed in any hearing scheduled before the Code Enforcement Board: The Code Enforcement Officer or other City staff shall read the Notice of Violation together with the Notice of Non -Compliance and Request a Hearing as filed by the Code Enforcement Officer. Page 8 of 17 2) The City may elect to provide a brief opening statement of the case to be presented prior to providing testimony in its case -in -chief. 3) Any person desiring to provide testimony before the Code Enforcement Board shall be sworn in by the Recording Secretary or assigned staff. 4) The Code Enforcement Board shall first take the testimony from the Code Enforcement Officer together with any witnesses to be presented on the City's behalf. 5) Thereafter, Respondent shall be permitted to cross-examine any person presenting testimony on behalf of the City in its case -in -chief. 6) The Respondent(s) shall have the right to present a brief opening statement and, thereafter, present its case -in -chief. 7) The City shall be entitled to cross-examine any witnesses presented by the Respondent in its case -in -chief. 8) Any member of the Code Enforcement Board may question any witness or call any witness as it feels necessary to determine whether any violation(s) exist(s) on the property in question. 9) Formal rules of evidence shall not apply to proceedings before the Code Enforcement Board, however, fundamental due process shall be provided to ensure a fair and equitable hearing. 10) Both City and Respondent(s) or their respective counsel may make a brief closing argument at the conclusion of the City and Page 9 of 17 1 4 Respondent(s) cases -in -chief. The City shall proceed first followed by Respondent(s), unless waived. 11) The Board may, in its discretion, at any time during the hearing, adjourn the hearing for a period not to exceed thirty-one (31) days and request further information from either party to be presented at a later date. 12) If the hearing is adjourned, those Board members presiding who were not present at the initial hearing, shall take such measures not otherwise prohibited by law, as are necessary to familiarize themselves with any matter carried forth from the adjourned hearing prior to consideration of same. These measures may include review of previous meeting minutes, tape recordings, transcripts, and other relevant information. 13) At the conclusion of the hearing, the Chairman shall close the evidentiary portion of the hearing and allow public comment on such matter at the sole discretion of the Board. The Chairman, may elect to re -open the evidentiary portion of the hearing to consider additional evidence and testimony which shall be considered during its deliberation. However, the Board may only consider evidence which is presented at the evidentiary portion of the hearing. 14) At the conclusion of the hearing, the Code Enforcement Board shall issue findings of fact, based on evidence of record and conclusions Page 10 of 17 of law and shall issue an order affording the proper relief consistent with all powers and remedies provided under Chapter 162, Florida Statutes. Such order shall be by motion approved by a majority of those members present and voting, except that at least four (4) members of the Code Enforcement Board must vote in order for the action to be official. X ENTRY OF ORDER A. Upon determining that any violation(s) exist(s), the Code Enforcement Board may: Require the Respondent to correct any violation(s) found to exist on the property within a reasonable amount of time (i.e. 10 days) and impose a fine in the event that the violation(s) is/are not corrected within a reasonable time. 2) If the violation is a first violation on the property, the Code Enforcement Board may impose a fine upon failure to comply with its Order requiring the violation to be corrected within the time prescribed therein. Any imposed fine shall not exceed two hundred and fifty dollars ($250.00) per violation for each day that the violation(s) exist(s) or existed. 3) If the violation(s) on the property is/are a recurring or repeat violation, the Code Enforcement Board may impose a fine not to exceed five Page I I of 17 V 4 hundred dollars ($500.00) per violation for each day that the repeat violation(s) exist(s) or existed. 4) If the violation(s) is/are deemed a serious threat to the public health, safety and welfare of the citizens of the City of Cape Canaveral or if the violation is irreparable or reversible in nature, the owner(s) shall be responsible for the costs of enforcement and any reasonable repairs necessary to bring the property into compliance. 5) In the event the Code Enforcement Board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed five thousand dollars ($5,000.00) per violation. B. Any Order approved by the Code Enforcement Board at its scheduled meeting shall be reduced to writing and the Respondent(s) shall be notified in accordance with Section 162.12, Florida Statutes. The Code Enforcement Officer shall attempt to hand deliver a copy of the Order at the conclusion of a hearing. In such event delivery and notice shall be acknowledged by the Respondent(s) and noted in the record. Otherwise, said Order shall be reduced to writing and mailed or hand delivered to Respondent(s) within ten (10) working days after the conclusion of the hearing, as provided herein. X1. RECORDING OF ORDER Upon a determination that the Board's Order has not been complied with for failure to correct a first violation within the time provided or failure to correct a recurring or repeat violation, the Recording Secretary or staff assigned to the Code Enforcement Page 12 of 17 Board shall record a certified copy of the Code Enforcement Board's Order imposing a fine or penalty in the public land records for Brevard County, Florida, which shall become a lien against the Respondent(s) property. X1111. REHEARING A party (City or Respondent) may move for a new hearing on the matter by filing with the Recording Secretary a written motion or affidavit within ten (10) days after the code enforcement order is filed with the Recording Secretary. After timely service of a motion, the time to file a notice of appeal runs from the date of rendition of the order on the motion, not from any code enforcement order that has been entered. The motion shall be heard at the next regularly scheduled meeting of the Board or at a special meeting called for that purpose. An order approving a motion for rehearing must set the time and date for rehearing. The rehearing may be held at the same meeting where the motion for rehearing is heard if the movant and the other party agree. If a notice of appeal is filed by the moving party before the motion for the new public hearing or for rehearing is heard, the motion is waived. The ground(s) of the motion for rehearing or new public rehearing shall fall into one (1) or more of the following categories: (1) Errors on the face of the record; (2) Errors committed during the public hearing; (3) Misconduct of the code enforcement board; (4) Misconduct of a party; (5) Misconduct of a third person; Page 13 of 17 (6) Misconduct of a witness; (7) Newly discovered evidence; (8) The verdict is contrary to the evidence; (9) The verdict is contrary to law. X111. �—ATISFACTION OR REDUCTION OF LIEN A. Upon inspection by the Code Enforcement Officer and confirmation by the Building Official or the designee of the Building Official for the City of Cape Canaveral that a Respondent has corrected any and all violation(s) on the property which resulted in the issuance of an Order of the Board imposing penalties against Respondent for the same and where there are no current violations on the property in question, the Building Official or the designee of the Building Official may accept a Respondent's completed application for satisfaction or release of lien and schedule such matter before the Code Enforcement Board for its consideration. B. At such hearing, the Board shall review and consider the application for satisfaction or release of lien and take the testimony of the applicant and any other interested parties, including City Staff on the merits of the application. C. The Board shall consider the following factors in making its recommendation to the City Council as to whether relief should be provided: 1 . The gravity of the violation; 2. The time in which it took the Respondent to come into compliance; 3. The accrued amount of the code enforcement fine or lien; Page 14 of 17 4. Any previous or subsequent code violations; 5. Any financial hardship; and 6. Any other mitigating circumstances which may warrant the reduction or satisfaction of the fine or penalty. D. Upon consideration of the application and the testimony provided, the Board shall make recommendations to the City Council regarding the approval or denial of the application for satisfaction or release of lien and provide same to the Building Official. XIV. NOTICES A Notices issued by the Code Enforcement Officer or the Code Enforcement Board shall be provided to a Respondent in the following manner: 1 Certified mail, return receipt requested. Provided, however, if such notice sent to the Respondent address listed in the Tax Collector's office for tax notices and any other address known by the City is returned as unclaimed or refused, notice may be provided by posting at the physical property and by mailing notice via U.S. first class mail to the addressee coupled with a properly executed proof of mailing or affidavit confirming that such mailing occurred. 2. Hand delivery by the Sheriff or other law enforcement officer, code enforcement officer, or other staff member designated by the local governing body. Page 15 of 17 3. Leaving the Notice at the Respondent's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the Notice. 4. Where a violation occurs on commercial property, leaving said Notice at commercial premises with the manager or other person in charge. 5. Notice may also be served by publication or posting pursuant to those procedures set forth under Section 162.12, Florida Statutes. XV. MISCELLANEOUS A. These Rules of Procedure may be altered, in a manner not inconsistent with the City Code, during a regular meeting by the affirmative vote of at least four (4) members of the Board, provided notice of the proposed change is given to the Board at a preceding regular meeting. B. The provisions of these Rules of Procedure shall be discussed and/or adopted, or re -adopted by the Board annually at its regular organizational meeting. C. All meetings, regular or special, and all hearings shall be open to the public in accordance with the provisions of the Florida "Sunshine Law" (Chapter 286, Florida Statutes). D. All records of the Board shall be open to the public for examination, inspection and copying in accordance with the provisions of the "Florida Public Records Law" (Chapter 119, Florida Statutes). Page 16 of 17 E. In the event of conflict between these rules and any statute, ordinance, resolution or any other applicable law, these rules shall be subordinate and not apply and such applicable statute, ordinance, resolution or other applicable law shall govern. These rules are hereby adopted by the Code Enforcement Board of the City of Cape Canaveral, Florida on this day of 2003. , Recording Secretary F:%Docs%Clty of Cape CanaverallCode Enforcement Formslftlei�_o�_Procedure.wpd Page 17 of 17 Mary K. Russell, Chairperson 1* IS - 2 Le — .4 cy, c.A( ez tel .4� - 4d— cz�,-C"4 og,- Sa� j4L ILe -------- -- A(cl /10� A(O /v_/o 7' I -S /7 rv,-Lg Ceq /Lo /10 ar C- Aoi,- ocr- zz=,. 4�f' 157 lAe- -4---- Tec- Penf o4wig iag-,/Le 01�1-4&f 61 olc.�, ----- ------ --- - -r-r ,e- !%C- A70- 1',�V62 L,) ----- ----- I Ir G) 0- r -r c r -r c o :)D 0 1 0 1 G) r -r 0 0 M r -r r -r 0 < 7 -1- r-r r -r D n G) r -r 0 0 _0 0 '1 D DZZ 0 0 0 0 -- Lf) -7 r -r -7 0 0 D D :�D D 0- �D 0 3 D 0 CT) D 3 < 0 C D D :D -C D DD < LA 0 L,n 0 ;a 0 0 > 5> co 0 m RADISSON AIA htrt,z4tj&- 1-6 Cal cj -'x q , t I , LOT I 59-109 RADI U = 59. SO 3%27 ARC 39L 27 415. 1111, air DELTA 4W 901 SiP MANAf$$ *AY PRIV-0 4 24 VW MMIS fli i j� �j so 2Wrff R L 7 R - L7 R 1, 1.- 1-17 14.9 P IL cl CONCRETE FOUNDATION FIN. FL. 7. 11 K 0. V. 0. ft - 2.7 CENTERLINE + 13.50 1 :, li.g a cy � x ,I&# R - IL7 R R 2.7 8 ro 7 Ll L ...... !tOl!�LINE "-b4l ---------- (EL 3) A Al, L 13, W 04 fW00 ZONO 1XI I.R.M. MAIO NO. IIMW313 Ob 40POWIVO OAf# "N - Oak 1996. PLAT OF SURVEY PREPARED FOR AM CERTIFIED T(b R. CRAIG DONCEEL LANOKW TITLE AOENCY. tNC. & AMERICAN PtONEER TITLE INSIMANM tW- & KAREN P. SIMPLER LOT 25, DISCOVERY BAY .,CORDE0 1 N PLAT BOOK 40 , PAW 23 OF THE PUBLI C RECORDS AS RE OF GREVAIM COUNTY. FLORIDA jOB NO. 46-2411 11-19-46 V. L K No ENCROACHMENTS NOTED AT TIME OF SURVEY FM*MTI ON SURVEY 0-2q-47 V -E -K W-165 NOT VALID UNLESS EMBOSSED BY SUlRVEYOWS SOL BEARINGS DEPICTED HEREO" REFER TO RUM PLAT SURVEYOR'S CERTIFICATE Imm 60AGH MAP? I N(o t NMSY CERTIFY TMT THE SURVEY DEPICTED It-lq-96 HEREON to TRUE AND WETS THE KNINN rECHNI STANDAM PURSUANT TO CNAPTER oultvOy I N10 SCALEv 61 617 CA AOMM11TRATIVE COOL 1* 36- 99 66004 KIN(p 01"vo. 0 3 Ol SK NO. F. 0. sox 542 qS-251 GAFIS 6ANAVORAI-w fWRIVA 32M V. WWI N Ml LLS F. L- & NO- 3807 REF NO. v MiONO *407m, 763-,tl74 STATE OF FLORIDA t' 419659 fAX 6407* 763-1056 City of Cape Canaveral Community & Economic Development Department June 4 2013 Kimberly Bonder Rezanka Dean Mead Attorneys and Counselors at Law 8240 Devereux Drive Suite 100 Viera, Florida 32940 RE: CITY OF CAPE CANAVERAL Dear Mrs. Rezanka, We received your letter requesting a four month extension on the compliance date. Based on City Code of Ordinances, Chapter I 10, Section 110-468. - Accessory structures: (a) 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. (b) Storage or utility sheds of a temporary nature, without a permanent foundation, not over 100 square feet in size or more than seven feet high, are exempt from this section, provided they are in the rear yard only. 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 L(�cityofcapecanaveraj.org Kimberly Bonder Rezanka Page 2 June 4 2013 The partially constructed structure is unauthorized in the fi-ont yard and must be in compliance as noted the Notice of Violation dated May 21, 2013. Therefore, staff will proceed with a Notice to Hearing and your case will be scheduled for the June 20, 2013 agenda. If you have any further questions concerning the enforcement of City Code of Ordinance Chapter 110, Section 110.468 please contact Mr. Pereno; Building Official/Code Enforcement Director at (321)868-1222 ext. 12 or email: g.perenogcityofcapecanaveral.oi- . Sincerely, Brian Palmer Code Enforcement Officer Cc: Glenn B. Pereno, Building Official/Code Enforcement Director Todd Morley, Community & Economic Development Director Barry Brown, Planning & Zoning Director Craig Donceel, Trustee (via mail) George Schom, Jr., Discovery Bay HOA (via mail) 75 10 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 Ltkityofcapecanaveral.org structure - definition of structure by the Free Online Dictionary, Thesaurus and Encyclope... Page I of 6 thefreedictionary.com PAR A " w4W: struc-ture 4 (st<k!ch,-or) n. 1. Something made up of a number of parts that are held or put together in a particular way: hierarchical social structure. 2. The way in which parts are arranged or put together to form a whole; makeup: triangular in structure. 3. The interrelation or arrangement of parts in a complex entity: political structure; plot structure. 4. $"thing consWcted, such as a building. 5. Biology a. The arrangement or formation of the tissues, organs, or other parts of an organism. b. An organ or other part of an organism. trv. struc-tured, struc-tur-Ing, struc-tures To give form or arrangement to: structure a curriculum; structure one's day. (Middle English, the process of building, from Latin strUctFxra, from strUctus, past participle of struere, to consirtict, see ster-2 in Indo-European roots.) TM Amwbm HeMapq 0jow" of ft Enofth LenWAW, Fourth Edfflon copyright 02000 by Houghton MHMn Company. Updated In 2009. PubkW by Hotghton NIMIn company. AN fthts reserved. oftucWre ('stAkle) Vb 1. a complex construction or entity 2. the arrangement and interrelationship of parts in a construction, such as a buRding 3. the rhanner of construction or organization the structure of society 4. (Life Sciences & Allied Applications / Biology) Biology morphology; form 5. (Chemistry) Chem the arrangement of atoms in a molecule of a chemical compound the structure of benzene S. (Earth Sciences / Geological Science) Geology the way in which a mineral, rock, rock mass or stratum, etc., is made up of its component parts 7. Now rare the act of constructing (tr) to impart a structure to [from Latin structors, from struere to build) Cofts Erqft DMrwy — Complete and UnaWidged 0 HarperCoMns PublWhers 1991, 1994, 1998, 2000, 2003 str=-Wre ('!!�FM #er) n., v. -tured, 4ureing. n. 1. the manner in which something is constructed. 2. the manner in which the elements of anything are organized or interrelated: the structure of a poem; the structure of protein. 3. something constructed, as a building or bridge. 4. anything composed of organized or interrelated elements. 5. the construction and arrangement of body parts, tissues, or organs. 6. a. the attitude of a bed or stratum or of beds or strata of sedimentary rocks, as indicated by the dip ?4AA&V.'- 'k\O%X4� % S��s covQt�Q. 'N"%CAA'00-0-" http://www.thefreedictionary.com/p/structure 6/7/2013 !; , Municode V%% Page 2 of 11 Boffle dub means a membership composed of a group of people which permits the consumption of alcoholic beverages on a premises without charge. Membership shall be for a period of not less than one year. OuRding means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has endoolng walWor 58 p i ! 1 1 of Ift pedmeW. The term "building" shall be as if followed by the words "or part thereof."'For the purpose of this chapter, each portion of a building separated from other portions by a firewall shall be considered as a separate building. For the purpose of area and height limitations, this definition shall be applicable to sheds and open sheds. Budding official means the official charged with the administration and enforcement of this chapter as provided in article 11 of this chapter. Camper trailer. See the definition of "recreational vehicle." Camper (truck mounted) means a portable structure designed to be mounted on a truck or similar type vehicle, for the purpose of converting the vehicle into a movable living unit, and customarily used for recreational or camping use. Child care facility means any child care center or child care arrangement as defined by F.S. 402.302, as may be amended. Chronic nonmalignant pain means pain unrelated to cancer or rheumatoid arthritis, which persists beyond the usual course of disease or the injury that is the cause of the pain, or more than 90 days after surgery. Church means any building occupied on a permanent basis for religious exercises as a primary use. Common open space means a parcel or area of land or land and water, other than a dedicated canal, within the site and designed and intended for the use or enjoyment of residents living within the zone or development area. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents. Construction site means a lot or parcel upon which development is immediately proposed or in progress, as authorized by a current building permit. Containers means any cans, barrels, drums or tanks, except stationary tanks, which would be used fbr the outside storage of nonhazardous materials. Convalescent home means a building where regular nursing care is provided for more then one person, not a member of the family, who resides on the premises. Court means an unoccupied open space on the same lot with the principal building and enclosed on at least three adjacent sides by walls of the principal building. Courtesy notice means a notice of a public hearing, not required by law, mailed at the city's discretion pursuant to the provisions of this chapter to property owners within 500 feet of property which is the subject of the public hearing. Courtesy notices may be sent by regular or certified mail, as set Ibrth herein. http://library.municode.comlprint.aspx?h=&clientID�--12642&HTNMequest--http%3elo2PIo... 6/6/2013 6 Municode Page 10 of I I Structure means that which is built or constructed. Swimming pool means any portable pool or permanent structure containing a body of water 18 inches or more in depth or 250 square feet of surface area or more of water service area, including an ornamental reffecting pool or fish pond or other type of pool, regardless of size, unless it is located and designed so as not to create a hazard or not be used for swimming or wading. Tent means a collapsible shelter of canvas or other fabric -type material. Terrace means an open space adjacent to the principal building on one or two sides, prepared with a hard, sernihard or improved surface, for the purpose of outdoor living. Total floor area or gross floor area means the area of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages. Townhouse means a single-family dwelling unit constructed in a series or group of attached units with property lines separating such units. Traffer means a portable structure having no foundation other than wheels, jacks or blocks that will not be a hazard to adjacent buildings and that is also fully enclosed, operable and licensed. Trailer park means an area duly licensed by the city and approved by the state board of health, which is designed, constructed, equipped, operated and maintained for the purpose of providing space for and otherwise servicing mobile homes and trailers. Travel trailer. See the definition of "recreational vehicle." Utility access easement means an easement less than 20 feet wide, dedicated and used for utilities and utility vehicles. The term does not qualify as an alley pursuant to chapter 98 pertaining to subdivisions. Vacant means a building or parcel of land that is neither occupied nor used. Variance means a relaxation of the terms of this chapter when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a Ifteral enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconfbrmdies in the zoning district or used in an adjoining zoning district. Wall means a structure forming a physical barrier, which is constructed of concrete or masonry composite. Wall, concrete boundary, means a structure constructed using concrete, either poured or in block form, along the property boundary or within the setback and used as a dividing line between parcels of property in a residential zone, specifically excluding townhouse interior party walls. Yard means all open space on the same lot as the principal building, which space is unoccupied and unobstructed by buildings from the ground upward, except as otherwise provided. The term generally applies to the area from each lot line to the principal building and its attached porches, sheds, carports, garages and storage areas. http://Iibrary.municode.com/print.aspx?h=&clientlD=12642&HTMRequest--http�/�3��/�2P/�... 6/6/2013 Municode Page 9 of I I average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period). Right-of-way means land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Satellite dish means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, hom, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs, and satellite microwave antennas. Schoolgrounds means all the land included in the lot or parcel upon which a school building is regularly used, except during vacation periods, by elementary and secondary school students. The school and land may be public or private. Service station means a building and premises where petroleum products are supplied at retail, as a primary use, and where, In addition, services may be rendered and sales made as specified by this chapter. Setback means a required open space on the same lot with a principal building, which space is unoccupied and unobstructed by buildings from the ground upward except as specified in sections 110-468, 110-492, 110-538 and 110-567. All required setback areas shall be properly maintained and open space areas within the setback areas (except parking and other legal encroachments) shall be landscaped with greenery (sod). SW rneans any structure bulk for the support, WWW or enclosure of permme, animals, chattels or properly of any kind which has enclosing walls for less; #W 50 percerit df its perimeter. -ko " Shopping center means three or more units for purposes ilism. Sign means the same as defined in chapter 23 of the building code adopted in section 82-31. Special exception means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses as may be permitted by the board of adjustment are identified 1br each zoning district as special exceptions. Story means that portion of a building included between the floor surface and the upper surface of the floor next above or any portion of a building used for human occupancy between the topmost floor and roof. A basement or cellar not used for human occupancy shall not be counted as a story. Street means a public or private right-of-way set aside for public travel. Street centertine means the midpoint of the street right-of-way. Street, private, means a private way set aside for vehicular traffic that exceeds 200 feet in developed length or serves four or more residential, commercial or any combination of residential and commercial units. Private streets shall be installed in accordance with section 98-92. Street right-of-way means the property line which bounds the right-of-way set aside for use as a street. CS http://Iibrary.municode.com/print.aspx?h=&clientlD=12642&HTMRequest--http�/�3a��/�2P/�... 6/6/2013 Municode Page 5 of I I times. There shall be a minimum of six guestrooms per building and a minimum of 150 guestrooms per hotel. As used in this definition, the term "guestrooms" means those rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. Landscape buffer means that portion of the building setback area which is located along property lines adjacent to streets or abutting lots and which in its entirety contains landscaping. Landscaping means the arrangement of vegetation such as trees, bushes and grass, together with other suitable materials in complementary fashion, over a tract of land for aesthetic effect. Liquefted petroleum gas (LPG) means any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or isobutane), and butylenes. Living area means the minimum floor area of a dwelling as measured by its outside dimensions, exclusive of carports, porches, sheds and attached garages. Loading space, offstreet, means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required offstreet parking spaces are filled. Required offstreet loading space is not to be included as offstreet parking space in computation of required offstreet parking space. Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such setbacks and other open spaces as are required in this chapter. In no case of division or combination of parcels shall any residual lot or parcel be created which does not meet the requirements of this chapter, except townhouses. Such lot may consist of: (1) A lot of record; or (2) A portion of a lot of record; or combination of portions of lots of record; (3) A combination of complete lots of record or complete lots of record and portions of lots of record; and/or (4) A parcel of land described by metes and bounds. Lot, comer, means a lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a comer lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. Lot covefsp means the area of a lot that is covered by an enclooW Wucture. This is normally the prindpal and accessory structures and any other structure that blocks sunlight and the breezeway. Lot dimensions means as follows: (1) Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. (2) Width of a lot shall be considered to be the distance between straight lines connecting front and rear of the required front setback; provided, however, that width between http://Iibrazy.municode.com/print.aspx?h=&clientID--12642&HTMRequest--http`/`3a�/�2f�/�... 6/6/2013 , ARTICLE III. - PROPERTY MAINTENANCE STANDARDS Page I of 3 Cape Canaveral, Florida, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 34 - ENVIRONMENT >> ARTICLE Ill. - PROPERTY MAINTENANCE STANDARDS >> ARTICLE Ill. - PROPERTY MAINTENANCE STANDARDS Lq Sec. 34-91. - Defiriffions. -2'-' The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them In this section, except where the context clearly indicates a different meaning: Aesiftstic means pertaining to beautification and good appearance through design, quality, maintenance and good upkeep. App9snWXp Means the outward &sped visible to the PubliC. Appurtenences means the visible, functional objects or accessories to and parts of a building. &Wft means any cause of destruction or ruin; to cause W withier or dewy. Deterbrefion means the condition or appearance of a building or parts thereof showing evidence of physical decay, neglect, excessive use or kick of maintenance. Encroachment means entering by gradual steps Into the possession* or rights of others. Family means an individual or a group of persons related to as& other by bk)od or marriage or a group of not more than four adults who are not necessarily so related, living together under one roof as a single household untL Fft mews foul matter, unsanitary conditions; offensive or disgusting. iniestation means the presence of insects, termites, rodents, vermin or other posts on the promises which constitute a health or structural hazard. LWOW* meene ollartionia of nom and milaimads o*ft combined In n I I'm to one airiother Nuisance means everything that endangers life or health, gives offense to senses, violate* the laws of decency or obstructs reasonable and oomWable use of property. Obnoxious means very unpleasant objectionable and offensive. Scroming memo a structure or planting which oonosals from public view the area behind such structure or planting. Topography means the physical characteristics of land. (Code 1981, § 652.09) Cross reference— Definitions and rules of construction generally, § 1-2. Sec. 34-92. - Authority. — This article is enacted under the home rule power and the police power of the city in the Interest of public health, peace. safety and general welfare of the citizens and inhabitants of the city. (Code 1961, § 652,01) Sec. 34-93. - Scope. - This article "I be offective throughout the city. (Code 1981, § 652.03) Sec. 34-94. - Purpose. -, The intent of ft * ownd In adopting this ortice Is to astablishi reasonable and uniform regulations On 0110 M*KsncO of public oroas� business establishments and residential communities within the city. (b) Goo Witifflu*appeorgimlsthe, productof OW" andhonmonIOUSNIStIM911111M WIN bobownwwrtaftobjectsandnature. Appearance has a dred bearing on the ecormlic value Of PIGINIV. Whorl the appearance Of public , business a otok is! amints and fesidentiai communities Is good, business people, homeowners 00 Incluellrial dovelopers Ilend to how a stivo con6doncS In the community. pW appeetw4op, congastion and Wok of poper meaftlaince bring about bilight dway. decreased pop" values loss of revenues and decreased community confidence. (c) People am intensely aware of and affected by bad design or lack of attention to ft. Poor quality of design in the exterior appearance of buildings or In Me development and maintenance of structures, landscaping, signs and general appearance ~ the desirability of Wrimedlato and neighboring areas for residential, business, industrial or other uses. Further, ft impairs the benefits of occupancy in e)dsong property, prevents the most appropriate development of such areas and produces undesirable conditions affecting health, safety, comfort and general welfare of the inhabitants of the city. (d) it is tho purpose of this article to prevent the harmful effects thot poor exterior prop" appearance can cause in the city and thus to promote and protect do public oonMence and prosperity and to conserve ft value of property. (Code 1981. § 652.05) http://Iibrary.municode.com/HTML/12642/level3/SPAGEOR—CH34EN—ARTIRPRMAST.... 6/6/2013 11) From: Kate Latorre fmalW:klatDrre@oriandolaw.net] Sent: Tuesday, June 25, 2013 4:58 PM TO: Kim Rezanka SubJGd.* Donceel I TIkI Hut Importance: High Kim, I wanted to update you prior to your vacation about the result of last week's code board hearing. The Code Enforcement Board found Mr. Donceel in violation of section 110-468 of the City Code and Imposed an immediate fine of $150 for the first day and $75 for each day thereafter that the violation -continues to exist. The Board's order was adopted at staff's recommendation after much discussion by the Board. Mr. Donceel did not attend the hearing but he did send an email requesting an extension of time to allow him "to present [hIsJ case to the Board of Adjustment." The Board asked whether Mr. Donceel had any pending applications before the BOA and staff indicated that he did not. Staff also emphasized to the Board that Mr. Donceel had Ignored a Stop Work Order and continued to construct the tik! hut without a permit and In the front yard, both code violations, as you know. Mr. Donceel's neighbors also appeared at the hearing complaining of the t1ki hut and his noncompliance with the City Code. A copy of the Board's order Is being sent for recording by the staff. I will forward you an executed, unrecorded copy. Please feel free to contact me to discuss further. Kate Latorre Katherine W. Latorre,, Esq. Board Certified in City, County & Local Government Law III N. Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.odandolaw.net Email: klatorre0wriandolaw. net 17M -- Original Message — From: Susan Chapman To: CasaCraig(ftfisr.com tt-R, Sent Friday, June 14,2013 4:39 PM Subject: Requested Applications Craig, Attached are the applications you requested today. Pl�ase let me know if I can be of further assistance. Sincerely, Susan '�"- ' 7 Susan L. Chapman Administrative Assistant/Board Secretary Community and Economic Development 7510 N. Atlantic Avenue * P.O. Box 326 Cape Canaveral, FL 32920-0326 Email: S.chapman@cityofcapecanaveral.o Phone: (321)868-1205 * Fax: (321)868-1247 www.cityofcapecanaveral.org CELEBRA TING 50 YEA RS OF SUN, SPA CE & SEA (1963-2013) ABefore you print this email or attacbments, please consider the environment. (f Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-reGords request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 13 ot is c4-\\Lj ;�\eo.-c' S ex� SkN V\3 R. Craig Donceel 625 Manatee Bay Drive mwomsf— Cape Canaveral, FL 32920 16AY "DjL\Vf �Pmz 6 0 Sr /�f + bP 61 rt) /— - &�-) A 7(—j- Z L.5 - i -e 6 JA,96� 44,;74 W4rc9-6L nl'�C� L)Lkh(YAY) �-uc, Lo�+, IV) / F & eoAALO 4 kAC&J L-5 /fc4cc-.19. 36"Ve-r-11- 14 Municode Page I of 12 Cape Canaveral, Florida, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 110 -ZONING >> ARTICLE 1. IN GENERAL >> ARTICLE 1. IN GENERAL Sec. 110-1. Definitions. Sec. 110-2. Board of adiustmerd. Sec. 110-3. Planning and zoning board. Secs. 110-4-110�25. Reserved, Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Access easement. See the definition of "utility access easement." Alcoholic beverage means the same as defined by F.S. § 561.01(4)(a). Alley means any public or private right-of-way set aside for secondary public travel and servicing which is less than 30 feet in width. Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Apartment See the definition of "dwelling, multiple -family." Apartment hotel means a building designed for or containing both apartments and individual guestrooms or rental units, under resident supervision, and which maintains an inner lobby through which all tenants must pass to gain access to apartments, rooms or units. Approved structure means that which is built or constructed or an edifice or building of any kind in which collected nonhazardous material may be stored. Assisted living facility shall mean any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. For purposes of calculating density, 2.5 assisted living facility beds shall be equivalent to one dwelling unit. Automotive repair facilities includes all mechanical engine overhaul or repair and bodywork and painting of automotive vehicles. Municode Page 2 of 12 Automotive vehicle means any self-propelled vehicle or conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance. The term shall include passenger cars, trucks, buses, motor homes, motorcycles, scooters and station wagons, but shall not include tractors, construction equipment or machinery or any device used for performing a job, except as stated in this definition. Awning means a detachable, rooflike cover, supported by the walls of a building for protection from sun or weather. Block means the area between two adjacent streets or if no streets are present an area not to exceed 600 feet in length or width. Bottle club means a membership composed of a group of people which permits the consumption of alcoholic beverages on a premises without charge. Membership shall be for a period of not less than one year. Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50 percent of its perimeter. The term "building" shall be as if followed by the words "or part thereof." For the purpose of this chapter, each portion of a building separated from other portions by a firewall shall be considered as a separate building. For the purpose of area and height limitations, this definition shall be applicable to sheds and open sheds. Building official means the official charged with the administration and enforcement of this chapter as provided in article 11 of this chapter. Camper trailer. See the definition of "recreational vehicle." Camper (truck mounted) means a portable structure designed to be mounted on a truck or similar type vehicle, for the purpose of converting the vehicle into a movable living unit, and customarily used for recreational or camping use. Child care facility means any child care center or child care arrangement as defined by F.S. § 402.302, as may be amended. Chronic nonmalignant pain means pain unrelated to cancer or rheumatoid arthritis, which persists beyond the usual course of disease or the injury that is the cause of the pain, or more than 90 days after surgery. Church means any building occupied on a permanent basis for religious exercises as a primary use. Commercial parking facility shall mean a facility primarily engaged in the commercial enterprise of providing parking spaces for licensed motor vehicles, usually on an hourly, daily, or monthly basis. Commercial parking facilities shall not include those facilities for the storage of boats, trailers, trailerable items, recreational vehicles, unlicensed vehicles or other special purpose vehicles. Common open space means a parcel or area of land or land and water, other than a dedicated canal, within the site and designed and intended for the use or enjoyment of residents living within the zone or development area. Common open space may contain such complementary Municode Page 3 of 12 structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents. Construction site means a lot or parcel upon which development is immediately proposed or in progress, as authorized by a current building permit. Containers means any cans, barrels, drums or tanks, except stationary tanks, which would be used for the outside storage of nonhazardous materials. Convalescent home means a building where regular nursing care is provided for more than one person, not a member of the family, who resides on the premises. Court means an unoccupied open space on the same lot with the principal building and enclosed on at least three adjacent sides by walls of the principal building. Courtesy notice means a notice of a public hearing, not required by law, mailed at the city's discretion pursuant to the provisions of this chapter to property owners within 500 feet of property which is the subject of the public hearing. Courtesy notices may be sent by regular or certified mail, as set forth herein. Dedication means the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Dish antenna. See the definition of "earth station antenna." Drive-in restaurant or refreshment stand means any place or premises used for sale, dispensing or servicing of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises. Drive, private, means a private way set aside for vehicular traffic that does not exceed 200 feet in developed length and serves less than four residential, commercial or any combination of residential and commercial units. Dwelling, mobile home, means a detached residential dwelling unit over eight feet in width, which bears a seal from the United States Department of Housing and Urban Development, designed for travel over highways and streets or for house accommodations or both, manufactured on an integral chassis or undercarriage and arriving at the site where it is to be occupied, except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. Dwelling, multiple -family, means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family, means a detached residential dwelling unit other than a mobile home, designed for and occupied by one family. Dwelling, two-family, means a detached residential building containing two dwelling units, designed for occupancy by not more than two families. Municode Page 4 of 12 Dwelling unit or living unit means one room or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, for rent or lease, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities. Easement means a right-of-way granted for limited use of private property for a public or quasipublic purpose. Existing grade shall mean the ground surface elevation prior to grading, or the addition of fill material. Fair market value means the valuation of a structure by the county tax assessor in his assessment for the levying of ad valorem taxes for the tax year. Family means a person or a group of persons related to each other by blood or marriage or a group of not more than four adults who are not necessarily so related, living together under one roof as a single household unit. Fence means a structure forming a physical barrier, which is constructed of wood or a similar lightweight building material. Finish grade shall mean the final grade of the site, which conforms to the approved plan. Fireworks means any combustible or explosive composition or substance or combinations of substances or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, as defined by F.S. § 791.01(4)(a), as may be amended. "Fireworks" does not mean sparklers or novelties, trick noisemakers, toy pistols or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound or mixture are used, as defined by F.S. §§ 791.01(4)(b) and (c). Fireworks sales facilities means any place or premises used for the sale or other distribution, whether permanent or seasonal, of fireworks. The sale of fireworks shall only be permitted within the light industrial (M-1) zoning district. Floor area means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. The required minimum floor area within each district shall not apply to accessory uses. Garage, storage means a building or portion of a building thereof designed or used exclusively for the storage or parking of automobiles. Service other than storage at such storage garage shall be limited to lubrication, washing, waxing and polishing. When used for such a purpose, such property may not be used in combination with any other use, with the exception of mini -storage. Guesthouse means living quarters within a detached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling. Hedge means a row of bushes or small trees planted close together in such a manner as to form a boundary or barrier. Municode Page 5 of 12 Height of building means the vertical distance from 12 inches above the crown of the fronting road or finish grade at the building line, whichever is highest, to (i) the highest point of flat roof; (ii) the deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and gambrel roofs. Excess fill placed at or around any portion of the building shall not be used as a means to circumvent any maximum height requirement. Excess fill shall mean any fill above the first/ground floor elevation. Measurement must be in compliance with the 1 00 -year flood level, as determined by the Federal Emergency Management Agency. Home occupation means any occupation conducted entirely within a dwelling unit and carried on by an occupant thereof, which occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. Hospital means a building or group of buildings, having room facilities for one or more overnight patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, and which may include related facilities, such as laboratories, outpatient departments training facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations. Hotel means a building or combination of buildings in which lodging is provided and offered to the public for compensation and duly licensed pursuant to F.S. ch. 509, under single ownership and operation. It shall provide an inside office that shall be supervised by a person in charge at all times. There shall be a minimum of six guestrooms per building and a minimum of 150 guestrooms per hotel. As used in this definition, the term "guestrooms" means those rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. Landscape buffer means that portion of the building setback area which is located along property lines adjacent to streets or abutting lots and which in its entirety contains landscaping. Landscaping means the arrangement of vegetation such as trees, bushes and grass, together with other suitable materials in complementary fashion, over a tract of land for aesthetic effect. Liquefied petroleum gas (LPG) means any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or isobutane), and butylenes. Living area means the minimum floor area of a dwelling as measured by its outside dimensions, exclusive of carports, porches, sheds and attached garages. Loading space, oftstreet, means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required offstreet parking spaces are filled. Required offstreet loading space is not to be included as offstreet parking space in computation of required offstreet parking space. Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such setbacks and other open spaces as are required in this chapter. In no case of division or combination of parcels shall any residual lot or parcel be created which does not meet the requirements of this chapter, except townhouses. Such lot may consist of: Municode Page 6 of 12 (1) A lot of record; or (2) A portion of a lot of record; or combination of portions of lots of record; (3) A combination of complete lots of record or complete lots of record and portions of lots of record; and/or (4) A parcel of land described by metes and bounds. Lot, comer, means a lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. Lot coverage means the area of a lot that is covered by an enclosed structure. This is normally the principal and accessory structures and any other structure that blocks sunlight and the breezeway. Lot dimensions means as follows: (1) Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. (2) Width of a lot shall be considered to be the distance between straight lines connecting front and rear of the required front setback; provided, however, that width between side lot lines at their foremost points, where they intersect with the street lines, shall not be less than 80 percent of the required lot width, except for lots on the turning circle of culs-de-sac, where the 80 -percent requirement shall not apply; provided, however, that all lots shall have a minimum of 25 feet facing a street. Lot frontage means the narrowest portion of the lot fronting on a dedicated, accepted or maintained street right-of-way. Lot, interior, means a lot with only one frontage on a street. Lot line means the boundary line of a lot. Lot of record means a lot whose existence, location and dimension have been legally recorded or registered in a deed or on a plat. Lot, reversed frontage, means a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot. Lot, through, means a lot other than a corner lot with frontage on more than one street. A through lot abutting two streets may be referred to as a double frontage lot. Major recreational equipment means boats and boat trailers, travel trailers, trailers for transporting motorized vehicles, pickup campers or coaches designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, including the coverings. Manufactured housing or building means a closed structure, building assembly or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include but not be limited to residential, commercial, institutional, storage and industrial structures. This does not apply to mobile homes. Manufactured building may also mean, at the option of the Municode Page 7 of 12 manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site, for installation or assembly and installation on the building site. Marina means a place for docking boats or providing services to boats and occupants thereof, including servicing and repairing boats, sale of fuel and supplies and provision of food, beverages and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel or similar use, where docking of boats and provision of services thereto is incidental to other activities, shall not be considered as a marina nor shall boat docks accessory to a multiple - family dwelling where no boat -related services are rendered. Medical or dental clinic means a building where patients, who are not lodged overnight, are admitted for examination and treatment by one person or group of persons practicing any form of the healing arts services to individuals, whether such persons are medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any similar profession, the practice of which is licensed in the state. The term does not include a place for the treatment of animals and does not include pain management clinics. Mini -storage means the renting of storage space which is utilized for the incidental storage of personal effects, which space shall not exceed 280 square feet of net floor area. When used for such a purpose, such property may not be used in combination with any other use, with the exception of storage garage. Mobile home means a structure as defined in F.S. § 553.36(12). Mobile home park means a single parcel of ground on which there are sites to be leased or rented to tenants for the purpose of parking mobile homes. Motel means a building or combination of buildings in which lodging is provided and offered to the public for compensation and duly licensed pursuant to F.S. ch. 509, under single ownership and operation. As such it is open to the public the same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress to rooms need not be through a lobby or office and parking usually is adjacent to the dwelling unit. There shall be a minimum of six guestrooms per building and a minimum of 150 guestrooms per motel. As used in this definition, the term "guestroom" means those rooms intended or designed to be used or which are used rented or hired out to be occupied or which are occupied, for sleeping purposes by guests. Motor travel home means a self-propelled vehicle containing living facilities and customarily used for camping or recreational uses. Net residential acre means the horizontal acreage of a lot devoted exclusively to residential uses and their appurtenant accessory uses. Such area shall include the building site, recreation areas, open space, swimming pools, parking, drives, setback areas and the like. Net residential acreage does not include areas used for nonresidential purposes, streets, waterways, offices, golf courses or any other use not developed for the exclusive use of the property's residents. Nonconformity means any lot, use of land, use of structure, use of structure and premises or characteristics of any use which was lawful at the time of enactment of the ordinance from which this section is derived but which does not conform with the district in which it is located. Nonhazardous material means any material which does not increase or cause an increase of the hazard of menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. Municode Page 8 of 12 Occupied means the use of a structure or land for any purpose, including occupancy for residential, business, industrial, manufacturing, storage and public use. Oceanfront lot means a lot that is contiguous with the ocean beach and which is considered as fronting on a public street and includes those lots adjacent to a dedicated street. All lots contiguous with the ocean beach shall be considered interior lots. Open shed means any structure that has no enclosing walls. Open space area means that area of the lot which is to be left open for free circulation of air and which provides an area for recreational and leisure pursuits. Not to be included as part of open space area are building setbacks, areas occupied by all building structures, parking areas, roads and drives. Recreational areas may be included. Swimming pools may be included in the calculation of minimum open space. Outside storage shall mean the commercial storage of licensed recreational vehicles, trailers, and trailerable items, goods, wares, merchandise, commodities, or any other item outside of a completely enclosed building for a continuous period of longer than 24 hours. Pain management clinic means a publicly or privately owned facility that advertises in any medium for any type of pain management services; or where in any month, a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain. Registration with the Florida Department of Health pursuant to F.S. §§ 458.3265 or 459.0137, shall be prima facia evidence of operating as a pain management clinic. Expressly exempted from this definition are hospitals, nursing homes, ambulatory surgical care centers, hospice or intermediate care facilities for the disabled, or clinics which are affiliated with an accredited medical school at which training is provided for medical students, residents or fellows. Parking space, offstreet, consists of a minimum paved area of 200 square feet for parking an automobile, exclusive of access drives or aisles thereto. Patio. See the definition of "terrace." Paving may consist of the following materials: macadam, asphalt, tar, cement, concrete, pervious concrete, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, cobbles, curb, kerb, curbstone, kerbstone, edgestone and curbing. All material must be contained by a permanent border and properly maintained. Playground means an area of land set aside for outdoor recreation used by children for play and often equipped for specific activities. Playground may also be that part of a park or outdoor recreation facility set aside for such use by children. A playground may be public or private; however, any recreational area established for prekindergarten children only or for adults or college students primarily shall not be considered a playground. Principal use of structure means a building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the dwelling is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building shall comprise a part of the principal building. A detached and structurally independent carport, garage or other structure shall conform to the requirements of any accessory building. A detached and structurally independent garage, carport or other structure conforming as an accessory building may be attached to the Municode Page 9 of 12 principal buildings by an open breezeway not to exceed six feet in width. A connecting roof breezeway in excess of six feet and enclosed on one or both sides, including louvers, lattice or screening, shall cause the entire structure to be construed as the principal building and shall be subject to the sections applicable to the principal building. Public use means any use of land or a structure owned and operated by a municipality, county or the state or federal government or any agency thereof and for a public service or purpose. Recreational vehicle means a unit designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The term includes travel trailer, camping trailer, truck camper, motor home and wheeled recreational trailer. Redevelopment means the process of demolition of existing improvements and the construction of new improvements on a site. Residential district means that area set aside primarily for use as low and medium density residential housing. Restaurant means any building or structure or portion thereof in which food is prepared and served for pay to any person not residing on the premises and which, at all times, derives not less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises (such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period). Right-of-way means land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Satellite dish means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs, and satellite microwave antennas. Schoolgrounds means all the land included in the lot or parcel upon which a school building is regularly used, except during vacation periods, by elementary and secondary school students. The school and land may be public or private. Service station means a building and premises where petroleum products are supplied at retail, as a primary use, and where, in addition, services may be rendered and sales made as specified by this chapter. Setback means a required open space on the same lot with a principal building, which space is unoccupied and unobstructed by buildings from the ground upward except as specified in sections 110-468 110-492, 110-538 and 110-567. All required setback areas shall be properly maintained and open space areas within the setback areas (except parking and other legal encroachments) shall be landscaped with greenery (sod). Shed means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for less than 50 percent of its perimeter. Municode Page 10 of 12 Shopping center means three or more units for purposes of mercantilism. Sign means the same as defined in chapter 23 of the building code adopted in section 82-31. Special exception means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses as may be permitted by the board of adjustment are identified for each zoning district as special exceptions. Story means that portion of a building included between the floor surface and the upper surface of the floor next above or any portion of a building used for human occupancy between the topmost floor and roof. A basement or cellar not used for human occupancy shall not be counted as a story. Street means a public or private right-of-way set aside for public travel. Street centeffine means the midpoint of the street right-of-way. Street, private, means a private way set aside for vehicular traffic that exceeds 200 feet in developed length or serves four or more residential, commercial or any combination of residential and commercial units. Private streets shall be installed in accordance with section 98-92. Street right-of-way means the property line which bounds the right-of-way set aside for use as a street. Swimming pool means any portable pool or permanent structure containing a body of water 18 inches or more in depth or 250 square feet of surface area or more of water service area, including an ornamental reflecting pool or fish pond or other type of pool, regardless of size, unless it is located and designed so as not to create a hazard or not be used for swimming or wading. Tent means a collapsible shelter of canvas or other fabric -type material. Terrace means an open space adjacent to the principal building on one or two sides, prepared with a hard, sernihard or improved surface, for the purpose of outdoor living. Total floor area or gross floor area means the area of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages. Townhouse means a single-family dwelling unit constructed in a series or group of attached units with property lines separating such units. Trailer means a portable structure having no foundation other than wheels, jacks or blocks that will not be a hazard to adjacent buildings and that is also fully enclosed, operable and licensed. Traderpark means an area duly licensed by the city and approved by the state board of health, which is designed, constructed, equipped, operated and maintained for the purpose of providing space for and otherwise servicing mobile homes and trailers. Travel trailer. See the definition of "recreational vehicle." Municode Page I I of 12 Utility access easement means an easement less than 20 feet wide, dedicated and used for utilities and utility vehicles. The term does not qualify as an alley pursuant to chapter 98 pertaining to subdivisions. Vacant means a building or parcel of land that is neither occupied nor used. Variance means a relaxation of the terms of this chapter when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or used in an adjoining zoning district. Wall means a structure forming a physical barrier, which is constructed of concrete or masonry composite. Wall, concrete boundary, means a structure constructed using concrete, either poured or in block form, along the property boundary or within the setback and used as a dividing line between parcels of property in a residential zone, specifically excluding townhouse interior party walls. Yard means all open space on the same lot as the principal building, which space is unoccupied and unobstructed by buildings from the ground upward, except as otherwise provided. The term generally applies to the area from each lot line to the principal building and its attached porches, sheds, carports, garages and storage areas. (Code 1981, § 632.011, Ord. No. 7-96, § 1, 6-18-96,- Ord. No. 9-97, § 1, 9-2-97; Ord. No. 19-98, §§ 1-3, 6-16-98; Ord. No. 30-98, § 1, 10-20-98,- Ord. No. 1-00, § 1, 2-1-00, Ord. No. 5-00, §§ 1, 2, 4-18-001- Ord. No. 03-2003, § 2, 8- 19-03 ' - Ord. No. 02-2004, § 2, 3-02-04, Ord. No. 01-2007, § 2, 2-20-07, Ord. No. 04-2007, § 2, 6-19-07 ' - Ord. No. 04- 2008, § 3, 5-6-08,- Ord. No. 13-2009, § 2, 12-15-09,- Ord. No. 05-2010, § 2, 4-20-10,- Ord. No. 17-2010, § 2, 11-16- 1 Q. Ord. No. 04-2011, § 2, 6-2 1 -11 - Ord. No. 06-2011, § 2, 10-18-11 - Ord. No. 02-2012, § 2, 3-20-12, Ord. No. 06- 2012, § 2, 4-17-12, Ord. No. 03-2013, § 2, 3-19-13,- Ord. No. 04-2013, § 2, 3-19-13,- Ord. No. 05-2013, § 2, 3-19-13) Cross reference- Definitions and rules of construction generally, § 1-2. Sec. 110-2. Board of adjustment. (a) A board of adjustment is established and shall consist of seven members. (b) The board of adjustment shall have the powers and duties to consider applications for special exceptions, variances, and administrative appeals under this chapter. (c) The board of adjustment shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained from the city council. (Ord. No. 11-2005, § 2, 6-21-051- Ord. No. 07-2007, § 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11) Sec. 110-3. Planning and zoning board. (a) The planning and zoning board is established and shall consist of seven members. (b) The planning and zoning board shall operate exclusively in an advisory capacity, and no ruling, decision or recommendation of the board shall be binding. (c) The board shall perform such duties as are conferred on it by this Code and the city council and shall, from time to time, make studies on planning and zoning matters affecting the health, welfare, safety and morals of the people of the city. Municode Page 12 of 12 (d) No problem or situation relating to zoning shall be submitted to the city council prior to being submitted to and acted upon by the planning and zoning board. Such problems or situations relating to zoning shall include but not be limited to the following: (1) Changes in zone classification. (2) Changes in zoning district boundaries and zoning maps. (3) Review and revision of zoning sections. (4) Recommendation concerning a master plan and periodic review thereof. (e) The planning and zoning board shall make recommendations concerning rezonings, special exceptions and site plans in accordance with this chapter. M The board secretary shall, after each meeting of the planning and zoning board, transmit a copy of the board's minutes to each member of the city council, the city clerk and the city attorney. Such minutes shall include the board's recommendations on any matter coming before it, including a short statement setting forth the facts upon which the board's recommendations were based, as well as the board's reasons for the recommendation. (9) The planning and zoning board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained from the city council. (Ord. No. 11 -2005, § 2, 6-21-05; Ord. No. 13-2011, § 6, 12-20-11) Secs. 1104-110-26. Reserved. or_ -W4 .101 U444 x --- Tp - 9A, 04�,Ft� W01 Ag 1AIST3?l ��2 �73