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HomeMy WebLinkAboutCEB 11-21-2015V I Roll Call City of Cape Canaveral imunity & Economic Development Department AGENDA ,ODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE NOVEMBER 21, 2013 6:00 P.M. Establish Next Meeting Date: December 19, 2013 PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Code Enforcement Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens are encouraged to limit their comments to three (3) minutes. The Code Enforcement Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1. Approval of Meeting Minutes: October 17, 2013'!�—'- COMPLIANCE HEARINGS: Q2" Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. Nagel, Property Owner. 150 -7 15 91 -ry n To 1- 2 Case"N'lo. 12-00015 Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (218 Jefferson Ave.) — Robert M. Ba rt h e I m e, P ro p e rty Own e r . AIf I -r M,- cn � e-� , - 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. -V4elatien 7 f, %9.0"' Case No. 13-00078 - 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.) — Canaveral Breakers Annex, Inc., c/o Clifford Whitney, R.A. j4dy,i --r--- q - oo / I? SICO 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canavefal, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org Code Enforcement Board Agenda November 21, 2013 Page 2 PUBLIC HEARINGS: Case No. 10-00075 - Violation of Section 34-96(b)(d), Standards Established; and Section 34-99(l)(2), Landscape Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (7523 Magnolia Ave) — Residential Credit Solutions, Inc., PropertyOwner. F.'el, --rlx C&-,t'A14-,LcA— Case No. 10-00140 - Violation of Section 108.1, Unsafe Structures & Equipment; Section 108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1, General; and Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8713 Hibiscus Ct.) — Federal National Mortgage, Property Owner. ;? -sc' -c— Case No. 13-00057 - Violation of Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and 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, (7450 Magnolia Ave.) — Global Capital Partners LLC, c/o Michael H. Schnetzler, R.A. v;ot--r-,C�', — �zs 3 26(% '- I 50,M j(C'0'CC> OLD BUSINESS: 9. Case No. 12-0005 — Application for Satisfaction or Release of Code Enforcement Lien, (201 International Dr. #214) — Federal National Mortgage Assoc., Property Owner. -7,� -X 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 OCTOBER 17,2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 17, 2013, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Walter Godfrey James Hale Lynn Mars MEMBERS ABSENT Ralph Lotspeich OTHERS PRESENT Duree Alexander Brian Palmer Glenn Pereno Joy Lombardi Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on November 21, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: September 19, 2013. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of September 19, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 17, 2013 Page 2 COMPLIANCE HEARINGS: 2. Case No. 12-00090 - Violation of Section 105.1. Permit Required; Section 1110.j, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (280 Monroe Ave.) — Ronald H. & Christine T. Lero, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for work without a permit. Officer Alexander stated that a contractor has obtained the required permit on April 16, 2013. Officer Alexander further stated that the renovations are progressing and the contractor has had several approved inspections which extended the expiration date of the permit to January 20, 2014. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and give the Respondent until January 23, 2014 to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staffs recommendation and find the respondent in non-compliance and be given until January 23, 2014 to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. PUBLIC HEARINGS: 3. Case No. 13-00057 - Violation of Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances: and 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, (7450 Magnolia Ave.) — Global Capital Partners LLC. c/o Michael H. Schnetzler. R.A. Code Enforcement Officer, Brian Palmer, requested that this Case be withdrawn from the agenda due to notification. 4. Case No. 13-00078 - 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, (8522 N. Atlantic Ave.) — Canaveral Breakers Annex, Inc., c/o Clifford Whitney, 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 work without a permit. Officer Palmer stated that Staff informed the contractor that a permit was required for the structural repairs on the building and a Notice of Violation was sent to the condominium association. Code Enforcement Board Meeting Minutes October 17, 2013 Page 3 Officer Palmer further stated that a records search revealed a permit has not been applied for. Officer Palmer respectfully requested that the Board find the Respondent in violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and give the Respondent until November 21, 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. Mr. Godfrey expressed concerns regarding the fine amount and stated that it should be $250.00 for the first day to get the Respondents attention. It was the consciences of the Board to amend Staff's recommendation to increase the fine. Motion by Mr. Viens, seconded by Mr. Hale, to amend Staff's recommendation and find the respondent in violation and be given until November 21, 2013 to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 5. Citation No. 0121 —Violation of Florida Statutes Section 82-375, Construction Contractinq Regulation Violation: and Florida Statutes Section 489.127, Prohibitions, (5805 N. Banana River Blvd., Unit 1156) — Michael D. Furrow, Sub -Contractor. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that, following a complaint, a site visit revealed work without a permit. Officer Alexander further stated that a Stop Work Order was posted on the property and the plumbing contractor was issued a Citation. Michael Furrow, Furrow Plumbing, testified that he did in fact do the work prior to obtaining a permit. Mr. Furrow stated that the permit has since been issued and requested a reduction in the $500.00 fine. Chairperson, Mary Russell, explained that the Board could make a determination whether work was performed but did not have the authority to reduce the amount of the Citation. Further, there was no question that the work was done without the permit. Officer Alexander respectfully requested that the Board find the Respondent in violation and impose a fine in the amount of five hundred dollars ($500.00) Motion by Mr. Viens, seconded by Mr. Godfrey, to accept Staff's recommendation and find the respondent in violation and impose a fine in the amount of five hundred dollars ($500.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 17, 2013 Page 4 ADJOURNMENT: There being no further business the meeting adjourned at 6:42 P.M. Approved on this —day of 2013. Mary Russell, Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral Community & Economic Development Department NOTICE OF COWLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-M12 A Florida Municipal Corporation, DATE: 10/8/13 Complainant, V. Respondent(s): Dolores G. Nagel, P.0 Location of the Violation: 201,203,205 Jefferson Avenue, Cape Canaveral 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 21, 2013 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, Fl, 32920. The Code Enforcement Board will receive testimony and evidence at said bearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Fifth Amended Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this'7th-da November 2013 duree Alexander, Codi Enforcement Officii- 75 10 N. Atlantic Avenue e Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 * Fax: (321) 868-1247 City of Cape Canaveral Community & Economic Development Department F!!��effy OF CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00012 A Florida municipal corporation, Complainant, Im Dolores G. Nagel Owner of the Property located at: 201, 203, 205 Jefferson Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT I & W 'A of LOT 2 BLK 14 PLAT BOOK 0003 PAGE 0007 Respondent, !�h AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on June 21, 2012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1 . That Respondent was provided a 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 7510 N. Atlantic Avenue & Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.cityofcapecanaveral.org - email: info0cityofcapecanaveral.org Case # 12-00012 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 20, 2012. 7. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. 8. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 21, 2013. 9. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 20, 2013. 10. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 19, 2013. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until November 21, 2013 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed Pursuant to this paragraph shall be retroactively imposed beginning on June 21, 2012 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; Case # 12-00012 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 19th day of September, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA *z 'Iz�l ao d4viens, -wee, /Cn�ha�Zrpers�on�� Copies furnished to: Dolores G. Nagel, Property Owner City of Cape Canaveral, Case File City Community & of Cape Canaveral Economic Development Department CAM ..- 7!�,KOTICE OF COMPLIANCE HEARING TTIE CITY OF CAPE CANAVERAL CASE No. 2012-00015 A Florida Municipal Corporation, DATE: 11/7/13 Complainant, V. Respondent(s): Robert M. Barthelme, P.O. Location of the Violation: 218 Jefferson Avenue, Cape Canaveral, FL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 2, 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 3d Amended Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D Duree Alexander, Code Enforcement Officer 75 10 N. Atlantic Avenue 9 Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 * Fax: (321) 868-1247 vjvLrwrirvnfr.:anrrnnnvrrn1 nra a rmnil- infn(,Dcit-vnfeanec2.niveral.orir City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00015 A Florida municipal corporation, Complainant, V. Robert M. Barthelme Owner of the Property located at: 218 Jefferson Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA E 31.67 FT OF LOT 14 & W 30 FT OF LOT 15 BLK 8 PLAT BOOK 0003 PAGE 0007 Respondent, 3rd AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on October 18, 2012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1 . That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 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 - cmail: info@cityofcapecanaveral.org Case #12-00015 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. 7. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 20, 2013. 8. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 19, 2013. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until November 21, 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 one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on October 18, 2012 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. Case #12-00015 DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of September, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA y ind Viens-, Vi"ce Chairperson Copies furnished to: Robert M. Barthelme, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department COMPLIANCE HEARING TUE CITY OF CAPE CANAVERAL CASE No. 2013-00047 A Florida Municipal Corporation, DATE: 11/07/2013 Complainant, V. Respondent(s): DONCEEL, RANDAL CRAIG TRUSTEE Location of the Violation: 625 MANATEE BAY DR, CAPE CANAVERAL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 21, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the 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. 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 AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF T14E 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, T14E AGGRIEVED PARTY MAY NEED TO ENSURE T14AT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ATED this 7th day of November, 2013 Brian Palmer, Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.org e-mail: info(a-),citvofcqpecanaveral.org an W City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Donceel, Randal 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 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 July 18, 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 110-468, Accessory Structures, 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; 7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, Fl, 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcgpecanaveral.or e-mail: infokcityofcqpecanaveral.org Case #13-00047 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 110-468, Accessory Structures, 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 November 21, 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 18th day of July, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA -"j Mary Ru V ell, Chairperson Copies furnished to: Donceel, Randal Craig Trustee Discovery Bay Homeowners Association, Inc., c/o George L. Schom Jr., R.A. City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development Department NOTICE THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, COMPLIANCE HEARING Complainant, V. Respondent(s): Canaveral Breakers Annex, INC., A Condominium C/O Clifford Whitney, Registered Agent Location of the Violation: 8522 N Atlantic Ave, Cape Canaveral, FL 32920 CASE No. 2013-00078 DATE: 11/07/2013 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 21, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the 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. 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: inf6gcityofcj!pecanaveral.org AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 7th day of November, 2013 Brian Palmer, Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.or e-mail: info@cityofcqpecanaveral.org C"ff CW9 CAMAMM City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Canaveral Breakers Annex, Inc. c/o Clifford Whitney, R.A. Owner of the Property located at: 8522 N. Atlantic Ave. Cape Canaveral, FL 32920 Case #13-00078 LEGAL: CANAVERAL BREAKERS ANNEX APTS CONDO AS DESC IN ORB 1128 PG 181 AND ALL AMENDMENTS THERETO 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 October 17, 2013 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1 . That Respondent was provided a 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 75 10 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 e Fax: (321) 868-1247 www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org Case #13-00078 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105. 1, Permit Required; Section 110. 1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until November 21, 2013 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of two hundred and fifty dollars ($250.00) 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. Case #13-00078 DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of October, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rusoll, Chairperson Copies furnished to: Canaveral Breakers Annex, Inc. c/o Clifford Whitney, R.A. City of Cape Canaveral, Case File City of Cape Canaveral Community Development Department — C"Y" NOTICE OF HEARING CAPE CANAVERAL THE CITY OF CAPE CANAVERAL CASE No. 2010-00075-' A Florida Municipal Corporation, DATE: 11/7/13 Complainant, V. Respondent(s): Residential Credit Solutions, Inc. Location of the Violation: 7523 Magnolia Avenue, Cape Canaveral, FL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 21, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S BEARING IS MADE, WIRCH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TTIE APPEAL IS TO BE BASED. YNED this 7thAa)Mf November, 2013 Alexander, Code Enforcement Officer .5 10 N. Atlantic Awntic I)ost Oflice 11ox 326 - Cape Canaveral, I -L 32920-0326 litillding & C(xic 1:nforcenient; (321) 868-1222 Plannim, Developnivni (321) 868-1206 - 1 --ax & Inspection: (321) 868-1247 enuil- rnineritinvernlOrA rr rwii 0"W G"568"VEN" City of Cape Canaveral Community & Economic Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2010-00075 A Florida Municipal Corporation, Date: 10/3/13 Complainant, V. Owners of the property located at: 7523 Magnolia Avenue, Cape Canaveral, FL 32920 Respondent(s): Residential Credit Solutions, Inc. CIO Residential Credit Solutions 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 TEE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 7523 Magnolia Avenue Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Residential Credit Solutions, Inc. C/O Residential Credit Solutions, 4708 Mercantile Drive Fort Worth, TX 76137 7510 N. Atlantic Avenue 0 Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 2010-00075 Page 2 This office has had an ongoing Code Enforcement issue with this property. The exterior violations as cited in the original Notice of Violation dated 2/11 /10 were never corrected by the previous property owner. Staff is notifying you, as the current property owner, of the violations. 3. Description of Violation(s) at property: Section 34-96, (b), Standards Established (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (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 on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Section 34-99, Landscape Appearance and Maintenance, The community depends on trees and plant material to enhance its beauty, moderate its climate and provide year-round greenery and color. Landscaping criteria shall include but not be limited to the following: (1) All landscaped areas shall be maintained to present a neat and orderly appearance. (2) All dead or deteriorated plant material shall be promptly replaced or removed. 4. Recommendation(s) to correct the violation(s) described above: Trim and remove all dead vegetation to maintain a neat appearance. Repair and/or replace all deteriorated portions of the structure. Replace all missing and damaged screens. Repair/or replace all broken windows. o Trim all vegetation and remove from property. Remove all trash and debris from property. Repair or replace any damaged or deteriorated portions of the fence. Repair and/or replace any other items not expressly stated that create unsanitary condition(s), or which constitute a blighting or deteriorating influence on the neighborhood. 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. 2010-00075 Page 3 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. Durree 4er Code Enforcement Officer C: Dennis G. Stowe, Director Mark D. Rogers, EVP City of Cape Canaveral Community & Economic Development Department NOTICE OF HEARING CFCI�TY�01F CAPE CANAVERAL CASE No. 2010-00140 A Florida Municipal Corporation, DATE: 10/29/13 Complainant, V. Respondent(s): Federal National Mortgage Location of the Violation: 8713 Hibiscus Court, Cape Canaveral, Fl, 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 21, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. s 29th day of November, 2013 Duree Alexander, Code Enforcement Officer 75 10 N. Atlantic Avenue 0 Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 * Fax: (321) 868-1247 www.cimokanecanaveral.ore - email: info@dmokavecanaveral.ore City of Cape Canaveral Community & Economic Development Department CITY OF CAPE CANAVERAL &M ONMENAL ;T77 NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2010-00140 A Florida Municipal Corporation, Date: 9/26/13 Complainant� V. Owners of the property located at: 8713 Hibiscus Court, Cape Canaveral, FL 32920 Respondent(s): Federal National Mortgage Association 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 thirty (30) 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): 8713 Hibiscus Court, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Federal National Mortgage 100 1 Semmes Avenue Richmond, VA 23224 7510 N. Atlantic Avenue a Post Office Box 326 9 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 Fax: (321) 868-1247 3 2010-00140 Page 2 This is an amended Notice of Violation as the property was posted "UNSAFE" on 9/13/12. The integrity of the roof has been compromised, and the interior of the structure is a health hazard due to the amount of mold inside the structure. The ceilings and wall boards are deteriorated and defective. This property is having an adverse effect on the adjoining property located at 8711 Hibiscus Court. 3. Description of Violation(s) at property: Section 82-221; International Property Maintenance Code (IPMC) adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Section 108, Unsafe Structures and Eqjgpment; 108.1, An unsafe structure is one that is found to be dangerous to life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or wam occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible. IPMC Section 108.1.3. Structure Unfit for Human Oqgupancy A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. IPMC Section 303.1; General, The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety and welfare. IPMC Section 303.4. Structural Members; All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. IPMC Section 303.7; Roofs and Drainage, The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. IPMC Section 303.11. Signyays, Decks, Porches and Balconies Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. i 2010-00140 Page 3 IPMC Section 304.1. General, The interior of a structure and equipment therein shall be maintained in good repair, structurally sound, and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies, or controls, in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units, or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition. IPMC Section 304.2. Structural Members; All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 4. Recommendation(s) to correct the violation(s) described above: • Repair and/or replace the existing roof, and any/or all deteriorated sheathing, trusses, etc. relating to the roof. • Replace all interior damaged walls, floors and ceilings. • Abate all mold, mildew and any/ or all unsanitary conditions within the structure. • Repair/ Replace all exterior damaged/deteriorated decking and railings. • Repair and/or replace any portions of the structure which may not specifically stated herein that maybe required based on the Engineer's and Contractor's findings. Failure to comply within thirty (30) days, by 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. NOTE: Any person having py legg! interest in the propejjy Day Weal the notice by the Building, Official to the Board of A& Appg1s. The 0 al must be in writing and justment and — -W shall be filed with the Building Official (Todd Morley and/or Glen Pereno) within fl�m (30) days from the date of this Notice. Failure to WMal in the time Mgcified will constitute a waiver of all righiLs to an administrative hearing. buree Alexander Code Enforcement Officer City of Cape Canaveral Community & Economic Development Department )TICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, CASE No. 2013-00057 DATE: 11/07/2013 Complainant, V. Respondent(s): GLOBAL CAPITAL PARTNERS LLC, C/O MICHAEL, SCHNETZLER H, R.A. Location of the Violation: 7450 MAGNOLIA AVE, CAPE CANAVERAL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 21, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occuning 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. 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.c1tyofcgpecanaveraI.or e-mail: infokcityofcgpecanaveral.org AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 7th day of November, 2013 Brian Palmer, Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.org e-mail: info gcityofcapecanaveral. or x w C 0 ity of Cape Canaveral Community & Economic Development Department "M CAftftWM REVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2013-00057 A Florida Municipal Corporation, Date: 09/03/2013 Complainant, V. Owners of the property located at: 7450 MAGNOLIA AVE, CAPE CANAVERAL 32920 Respondent(s): GLOBAL CAPITAL PARTNERS LLC, CIO MICHAEL, SCHNETZLER H, R.A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 7450 MAGNOLIA AVE, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: GLOBAL CAPITAL PARTNERS LLC C/O MICHAEL, SCHNETZLER H, R.A. 1224 SEMINOLE DR INDIAN HARBOUR BEACH, FL 32937 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofca Pe e-mail: info Mcityokapecanaveral. org y Page 2 2013-00057 Our office received a complaint regarding work without a permit. A site visit revealed interior renovations were being completed and a record search revealed no permit had been acquired. A stop work order was posted on the property. 3. Description of Violation(s) at property: Sec. 34-122. (a) - Public nuisances prohibited. (a) All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height. Sec. 82-31, - Building Code. (FBC) 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. FBC 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. FBC 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: • Obtain a permit and approved final inspection(s) for an interior work • Cut/trim grass and remove weeds 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. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcapecanaveral.or,g e-mail: info(d�citYofca­oecanaveral.or2 a j� . Page 3 2013-00057 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.cltvofcaDecanaveral.org e-mail- infona C1tV0fC.2nP.r.PnnvPrn1 nrer . U. , CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEAIENT LIEN CODE ENFORCEMENT CASE #: APPLICATIONFEE:$ APPLICANT: 19ATE- 0 �1 ADDRESS: e-11D-4�v e -t r -i i --i e-% i I k i I CITY: 'STATE: CL Z I P. NATURE OFVIOLATION(S):_L—��,�jvf2 ADDRESS OF SUBJECT PROPERTY: 3acu DATE FINE/LIEN IMPOSED: AMOUNT: 4-10 (DAY - OT(TOTZ) COMPLIANCE DATE: RELIEF REQUESTED( UCTION (Circle one) IF REDUCTION, THE APPLICANT SATISFACTION D PROPOSES$ AS THE AMOUNT OF THE REDUCED FINE. our PI-11CM 4 1 t' Q�4fy'- 6 3(co -- 9 o3 0 THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) Lx-' 1* I -S (--c' q -v I\CLOLQ- TERMS OR CONDITIONS TO 13E IMPOSED UPON APPLICA14T SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THEPRDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) 7�v e, r (2— ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, TEE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) 'IV -arm M rmqlrw� Rot A" jj '16 I Alt, d. , 'r, . STATE OF COUNTY OF r BEFORE hE the undersigned Buthority didpersOnally appear --��n I whoprovided as identification, and who after Mn�ge� th info a 'on contained , ace under, �oa�� n this application is true and correct. . . ro or affirmed the E4;'i'%y A- 14%, Notmry Publlc Stsitt of FlorWa Cu,,,Ii.an Ng nn".,ion EE134806 No Expires D / 9/2015 FOR STAFF USE ONLY APPLICATION FEE: $ 1 RECEIVED BY CITYON COAPLIANCE CONFIRIVIED BY BUILDING OFFICIALON CODE ENFORCENMNT REVIEW ON CODE ENFORCE'vMNT RECONZIENDATION ATTACIED: - YES ACTION OF CITY CQUNCIL: - APPRO VE; DENY; CONDITIONS: APPROVE WITH FOLLOWING DATE OF COUNCIL ACTION: . CONDITIONS AND PAYNMNT OF REDUCED FINE TO BE NET WITIM 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE 1!/*06/2013 10:23 AM 90@22794 Iota! 100.80 F- a S.1 Apovit $0.00 te, #F-,3@40 Amourit $100.00 AV i ._ _ , _-_ __ -- - _ -- - --- I� i a ___ _ _- — __ -- ------ - -- -- — I _ ._}t __— — __._._... ---- --� _.____—_------------ -__ _. _ ; (C> - Lcjc:> 14' , k;.5c L45� )Wc- -rvc',-c— ej - ------- - - ----- (,-C> cc ctrr . a, r Memo TO: Members of the Code Enforcement Board Ile, FROM: Susan L. Chapman, Secretary, kal nrung & Zoning Board 4XY? THROUGH: R. Lamar Russell, Chairperson, Planning & Zoning Board DATE: November 14, 2013 SUBJECT: CE Case No. 2013-00047, Randall Craig Donceel, Trustee, Respondent 625 Manatee Bay Drive The Planning & Zoning Board is considering a request from Mr. Donceel to amend the Code of Ordinances so that he will be able to keep the "tiki hut" in his front yard. The proposed amendments would: 1) revise the definition of landscape to include "tiki huts"; 2) revise Section 110-468 and the definitions of accessory structure, accessory use, and side yard; and 3) expand the list of possible variances to include "location of accessory structure". The Planning & Zoning Board began consideration of Mr. Donceel's request at its September 11, 2013 meeting and continued its consideration on November 13, 2013. At the November 13, 2013 meeting, the Board directed Staff to continue research on the requests and other processes by which location of accessory structures might be considered. Also, the Planning and Zoning Board, by unanimous vote, recommended that the Code Enforcement Board defer any further action against the Respondent until the end of January 2014. By unanimous vote, the Planning & Zoning Board recommended that the Code Enforcement Board defer any further action against the Respondent until the end of January, 2014.