HomeMy WebLinkAboutCEB 9-19-2013Call to Urder
Roll Call
City
imunity &
of Cape Canaverg
Economic Development Department
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
201 POLK AVENUE
SEPTEMBER 19,2013
6:00 P.M.
Establish Next Meeting Date: October 17, 2013
NEW BUSINESS:
1. Approval of Meeting Minutes: July 18, 2013
COMPLIANCE HEARINGS:
2. 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.
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, (218 Jefferson Ave.) — Robert
M. Barthelme, Property Owner.
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. (i-,-\ c,' e� " -, , -, % I
'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. (in Compliance)
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. (In
Compliance)
75 10 N. Atlantic Avenue - Post Office Box 326 0 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - Fax: (321) 868-1247
www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org
Code Enf�rcement Board
Agenda
September 19, 2013
Page 2
PUBLIC HEARINGS:
7. Case No. 12-00085 - 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, (8401 N. Atlantic Ave., Unit D7) — Atlantic
Gardens Owners Association, c/o Robert K. Barnes, R.A. ( a, A I �� � )
8. Case No. 13-00055 - 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, (221 Columbia Dr., Unit 143) — The Plaza
Owners Association, Inc., c/o Darlene Brinkley, R.A.
9. Case No. 13-00069 - 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, (201 Richie Ave.) — Merritt Development
Inc., c/o Richard R. Thurm.
OLD BUSINESS:
10. Case No. 08-00127 — Application for Satisfaction or Release of Code Enforcement Lien,
(8740 Croton CQ — Chase Home Finance LLC, Property Owner.
11. Case No. 10-00126 — Application for Satisfaction or Release of Code Enforcement Lien,
(215 Pierce Ave. Unit C) — Ana M. Escalona-Clemente, Property Owner.
Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision
made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible
or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilibes 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
JULY 18, 2013
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on July 18, 2013, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue,
Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called
the roll.
MEMBERS PRESENT
Mary Russell
Raymond Viens
Walter Godfrey
James Hale
Ralph Lotspeich
Lynn Mars
OTHERS PRESENT
Duree Alexander
Brian Palmer
Todd Morley
Joy Lombardi
Kate Latorre
Chairperson
Vice -Chairperson
(Arrived at 6:21 PM)
Code Enforcement Officer
Code Enforcement Officer
Community & Economic Devlp. Director
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on August 22, 2013.
Assistant City Attorney Latorre swore in ail persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: June 20, 2013.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of June 20, 2013,
as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
July 18, 2013
Page 2
COMPLIANCE HEARINGS:
2. Case No. 13-00024 - Violation of Section 105.1. Permit Required@ Section 110.j,
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
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.
Mr. Reynolds testified that the scope of work turned out to be larger than he expected. Mr.
Reynolds stated that he has the required engineering for the window and would be submitting
for a permit this week and requested additional time for compliance.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
of the 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 seventy-
five dollars ($75.00) per day thereafter until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the
Respondent in non-compliance and be given until 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
seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion
carried unanimously.
3. Case No. 13-00037 — Violation of Section 302.1, Sanitation: Section 303.14, Window,
Skylic
iht 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 Mr. Moots had repaired the ceiling, and
has been maintaining the exterior of the property. Officer Alexander explained that Mr. Moots
had not repaired the windows, as required.
Russell Moots, property owner, testified that he fully intended to have the windows repaired by
this time; however, due to financial issues he will need additional time.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
of the Board Order, and be given until August 22, 2013 to come into compliance or impose the
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.
Code Eriforcernent Board
Meeting Minutes
July 18, 2013
Page 3
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staffs recommendation and find the
Respondent in non-compliance and be given until August 22, 2013 to come into compliance or
impose the 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.
PUBLIC HEARINGS:
4. Case No. 13-00033 - Violation of Section 34-96(d), Standards Established, of the City of
Cape Canaveral Code of Ordinances, (107 Anchora-ge Ave.) — Sea Spray Townhomes
Condominium Association, Inc., c/o K. Stafford 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 a
dilapidated fence. Officer Palmer stated that, following a complaint, a site visit revealed the
fence was leaning over onto the adjacent property and two gates were falling off the hinges.
Officer Palmer further stated that the un -maintained gates provide direct joint access to fire
hydrants.
The Board Chairperson asked if anyone were present to speak on behalf of the Respondent.
No person responded.
Officer Palmer respectfully requested that the Board find the Respondent in violation of Section
34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances, and
impose a fine in the amount of seventy-five dollars ($75.00) for the first day and twenty-five
dollars ($25.00) per day thereafter until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staffs recommendation and find the
Respondent in violation and impose a fine in the amount of seventy-five dollars ($75.00) for the
first day and twenty-five dollars ($25.00) per day thereafter until found in compliance. Vote on
the motion carried unanimously.
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.
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, following a complaint, a site visit revealed new
windows had been installed without a permit.
Officer Palmer submitted a letter from the Respondent requesting additional time to come into
compliance.
The Board Chairperson asked if anyone were present to speak on behalf of the Respondent.
No person responded.
Code Enforcement Board
Meeting Minutes
July 18, 2013
Page 4
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 be given
until August 22, 2013 to come into compliance or impose a fine in the amount of one hundred
and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter
until found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the
Respondent in violation and be given until August 22, 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.
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.
City Attorney Latorre advised the Board as to procedure.
Kim Rezanka, Attorney with Dean Mead Law Firm, submitted a Motion for a Re -Hearing and
stated that the reason for the Motion was because Mr. Donceel was not present for the Hearing
on June 20, 2013. Attorney Rezanka stated that Mr. Donceel was advised by a member of the
City Council that a written request for a continuance could be granted because Mr. Donceel was
out of the area for training. Ms. Rezenka stated that Mr. Donceel indicated that he had spoken
to Mr. Palmer and was led to believe that a continuance would be granted.
Attorney Rezanka stated that neither Mr. Donceel nor she were advised of the ten days to file
for a new Hearing. She stated that Mr. Donceel met with Staff on Friday June 28 th which would
have been enough time to file for a Re -Hearing but was not so advised. Mr. Donceel desired to
have time to request either an appeal to the Board of Adjustment regarding Staff's interpretation
of this matter or to file for a Zoning Code Amendment. Attorney Rezanka added that she had
recently submitted an application for a Zoning Code Amendment which would offer a further
remedy to her client.
Attorney Rezanka further stated that there are no life safety issues with the structure and it is
not causing a blighting effect on surrounding properties; therefore she requested that the Board
quash the Order from June 20, 2013 and grant a new Hearing.
Motion by Mr. Viens, seconded by Mr. Lotspeich, to grant a new Hearing. Vote on the motion
carried unanimously.
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 that he informed the Respondent that he would need to
Code Eriforcement Board
Meeting Minutes
July 18, 2013
Page 5
contact the Planning & Zoning Director about a variance for the structure; however, Barry
Brown, Planning & Zoning Director, subsequently stated that it was his opinion that a variance
would not be a viable option for the structure.
Officer Palmer explained that, following a complaint that work was continuing on the structure, a
follow-up site visit revealed that the Stop Work Order had been removed and additional work
had been observed. Officer Palmer posted a second 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. Officer Palmer provided a copy of the definitions to
the Board.
Officer Palmer explained that Mr. Donceel asked for additional time after the item was
scheduled to go before the Code Enforcement Board. Officer Palmer informed Mr. Donceel that
he could request an extension of time via e-mail and he would present the request to the Board.
At the Code Enforcement Board Meeting on June 20, 2013, Officer Palmer presented Mr.
Donceel's email to the Board. Officer Palmer requested that the Board find the Respondent in
violation and impose a fine. The Board accepted Staff's recommendation to find the
Respondent in Violation and impose a fine. Following the receipt of the Board Order, Mr.
Donceel requested a re -hearing.
Officer Palmer indicated that the City subsequently received a Motion for a New Hearing or Re -
Hearing from Mr. Donceel's attorney.
The Board questioned the construction and safety aspect of the structure. Officer Palmer
explained that the structure is not allowed per the City Code; therefore, there has not been any
plans submitted or inspections performed. Officer Palmer stated that it was his opinion that the
structure does not constitute a life safety issue.
Craig Donceel, property owner, presented exhibits and photos for the Board's review. Mr.
Donceel provided an overview of the location of his property and the location of the tiki hut. Mr.
Donceel stated that the property has lush landscaping and the tiki hut is hardly visible from the
street. Mr. Donceel provided a brief description of the photos that he submitted. Mr. Donceel
explained that in Section 110-468 the verbiage begins with "No accessory Structure..." and
changes to "No accessory building..." a few sentences later. He further explained that this
paragraph describes what the accessory building could not be used for; which his tiki hut could
not be used for any of those purposes. Mr. Donceel provided several definitions of "structure"
and stated his opinion that his tiki hut does not fit because it is not a building. He further
provided City code definitions for "building" and "shed" and stated his opinion that such
definitions were not applicable to his tiki hut and the codes referencing them were therefor
inapplicable. Mr. Donceel also read from City Code Section 34-91, "Landscape means
elements of nature and manmade objects combined in relation to one another." Mr. Donceel
stated that this definition was the best description of the tiki hut with its natural characteristics.
Mr. Donceel testified that other City officials have been to the house and agree that the Code
that he has been cited under does not apply to the tiki hut.
Code Eriforcem�nt Board
Meeting Minutes
July 18, 2013
Page 6
Mr. Donceel stated that he has submitted a Zoning Code Amendment request that would
provide clear and applicable definitions and would authorize the City to consider the granting a
variance for an accessory structure to be located in the front yard on a case by case basis. He
requested additional time to complete the Code revision and the subsequent variance approval,
should he be successful with the Code revision. Mr. Donceel further testified that, with the
exception of the Complainant and a few out-of-state owners, he has a petition with signatures of
all of the 25 neighbors that are in favor of his tiki hut.
The Board asked Mr. Donceel how much time he thought he would need for his request for a
Code amendment. Mr. Donceel stated that City Staff told him that the Code Amendment
process could take four months; then additional time for a Variance could take an additional two
months.
Todd Morley, Community & Economic Development Director, testified that Staff did a good job
enforcing the Code and stated that the Respondent was cited correctly. Mr. Morley stated that,
if Mr. Donceel is successful in getting the Code change, and is also successful in getting the
Variance, he still needs to obtain a permit which would take time also. Mr. Morley concluded
that realistically it could take six months for a resolution.
Chairperson Russell asked Mr. Donceel why he removed the Stop Work Order.
Mr. Donceel explained that the exposed framing, made of cyprus wood, started to turn black
and it needed to be protected. He stated that he took pictures to the City and requested
permission to cover the wood. Mr. Donceel said that, on the day he approached the City, Glenn
Pereno was in a meeting and he asked to speak to Mr. Brown. He stated that after explaining
the situation to Mr. Brown, he was told to "do what you have to do to protect the wood." Mr.
Brown also said that he would talk to Mr. Pereno and Mr. Palmer about the conversation. Mr.
Donceel removed the Stop Work Order due to surveillance of the property by the complainant.
John Johanson, General Contractor, testified that he agreed with Mr. Donceel that his
landscape ordainment does not fit the description of an accessory structure. Mr. Johanson
stated that Mr. Donceel has spent tens of thousands of dollars on his landscaping and it is
beautiful and well maintained and brings value to the community. He further stated that if folks
would look at the definitions again they would see that this is not a structure and it's not a
building; it is landscaping. Mr. Johanson explained that all this is over a conflict between two
neighbors; however the majority of the neighbors are in favor of what he has done. Mr.
Johanson concluded by stating that if folks read the Code as it is written, Mr. Donceel is correct.
Mr. Donceel explained that he informed Staff that he believed he was cited under the wrong
Code and asked how to appeal the decision; he was told that he would have to take it to the
Board of Adjustment. When he requested an application Staff was not able to produce one until
a week later.
Dan Gilbert, of 620 Manatee Bay Dr., testified that Mr. Donceel has violated the City Ordinance
and the Building Code. Mr. Gilbert stated that he has concerns regarding the safety due to the
fact that the structure has not been inspected. Mr. Gilbert also stated that this property owner
has no regard for City Code. Mr. Gilbert expressed that a good compromise would be to
remove the structure until Mr. Donceel is able to obtain a permit for construction.
Code Enforcem�nt Board
Meeting Minutes
July 18, 2013
Page 7
Attorney Rezanka stated that Mr. Donceel made a good argument and, because the City Code
is ambiguous, requested a four month continuance to give them time to complete the process of
a Code amendment.
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.
Officer Palmer stated that Staff would support an eight month extension due to the fact that they
have applied for the Code amendment; this is not a life safety issue; and this will be a lengthy
process.
The Board held a discussion regarding an interim status report at four months to decide which
direction to go, based on Mr. Donceel's progress at that time.
Motion by Mr. Godfrey, seconded by Mr. Viens, to amend Staff's recommendation and find the
Respondent in violation and be given four months (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. Vote on the
motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 7:50 P.M.
Approved on this day of 2013.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
0"M
CAM CP"VWXAL
City of Cape Canaveral
Community & Economic Development Department
NOTICE OF COWLIANCE HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2012-00012
A Florida Municipal Corporation, DATE: 9/6/13
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 September 6, 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 Fourth 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, EF 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.
DA7FD this 6th d4y of September 2111
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
0"W
CAM CAMVan"
City of Cape Canaveral
Community & Economic Development Department
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
V.
Dolores G. Nagel
Owner of the Property located at:
201, 203, 205 Jefferson Avenue
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA LOT I & WA ofLOT 2 BLK 14 PLAT BOOK 0003 PAGE 0007
Respondent,
Case #12-00012
4th 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 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 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 Enforcemeni Board'and was not present at the hearing;
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofc!ipecanaveral.org e-mail: info Acityofcqpecanaveral.orjg
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.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until September 19, 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;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
Case # 12-00012
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article V1.
DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of June, 2013.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
'h"
Mary Ruoell, Chairperson
Copies furnished to:
Dolores G. Nagel, Property Owner
City of Cape Canaveral, Case File
City of Cape Canaverg
Community & Economic Development Department
CE OF COMPLIANCE HEARING
RW CITY OF CAPE CANAVERAL CASE No. 2012-00015
A Florida Municipal Corporation, DATE: 9/6/13
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 September 19, 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 Second 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 TESTIN40NY AND EVIDENCE UPON WHICH T14E APPEAL IS TO BE
BASED.
DTED this 6th day of September, 2013
I LAU1
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@ciryofcapecanaveral.org
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,
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,
Case #12-00015
2 nd 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;
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: inf6gcityofcqpecanaveral.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.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1 . Respondent be given until September 19, 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 paraaraph 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 20th day of June, 2013.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Ru I ell, hairperson
Copies furnished to:
Robert M. Barthelme, Property Owner
City of Cape Canaveral, Case File
City of Cape Canaveral
Community & Economic Development Department
C"M
F!!� NOTICE OF A COMIPLUNCE HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2013-00024
A Florida Municipal Corporation, DATE: 9/6/13
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
September 19, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of
Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, Fl, 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Amended Order Imposing
Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such
violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the
City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED To ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
is 6th day of September, 2013
Duree Alexander, Code Enforcement Officer
7510 N. Atlantic Avenue - Post Office Box 326 9 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 * Fax: (321) 868-1247
www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org
City of Cape Canaveral
Community & Economic Development Department
CODE ENFORCEMENT BOARD
(OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
V.
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
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 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 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;
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 gcityofc4pecanaveral.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 82-31, 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 July 18, 2013.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1 . Respondent be given until September 19, 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.
Case #13-00024
DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of July, 2013.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Ruoell, Chairperson
Copies furnished to:
Randall Shane Reynolds, Property Owner
City of Cape Canaveral, Case File
Carol Groetsch
2435 Bantas Point Lane
Wayzata, MN 55391
CASE NO: 2013-00034
City of Cape Canaveral
Community & Economic Development Department
TICE OF COMPLIANCE
LOCATION OF VIOLATION: 8522 N Atlantic Ave Unit 35, Cape Canaveral, FL 32920
PARCEL ID: 24-37-14-00-00525.5-0000.00
RESPONDENT(S): Carol Groetsch:
A site inspection of the property located at 8522 N Atlantic Ave Unit 35, revealed the property
to be in compliance.
DESCRIPTION OF VIOLATION:
Sec. 82-3 1, - Building Code. (FLBC)
FLBC Section 105 Required Permit(s)
FLBC Section 110 General Inspection(s)
Thank you for your cooperation in this matter.
If you have any questions, please do not hesitate to contact me at (321) 868-1222.
Sincerely,
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(& cityofcqpecanaveral. org
&CE
..0 City of Cape Canaveral
p,CE
Community & Economic Development Department
My OF
CAPE CAKAV.IMAL
NOTICE OF COMPLIANCE
August 22, 2013
Russell L. Moots
226 Polk Avenue
Cape Canaveral, FL 32920
CASE NO: 2013-00037
LOCATION OF VIOLATION: 226 Polk Avenue, Cape Canaveral, FL 32920
RESPONDENT(S): Russell L. Moots
Your property was found in compliance on August 20, 2013, by meeting the requirements of the
Notice of Violation.
DESCRIPTION OF VIOLATION:
Section 14-26, Adopted, the County Animal Control Ordinance;
Section 82-22 1, International Property Maintenance Code Adopted;
Section 3 02. 1, Sanitation;
Section 303.14, Window, Skylight and Door Frames;
Section 304.3, Interior Surfaces;
Section 34-181, Storing Parking or Leaving on Private Property.
Thank you for your cooperation in this matter.
If you have any questions, please do not hesitate to contact me at (321) 868-1222.
Sincerely,
LAZI
Duree Alexander
Code Enforcement Officer
75 10 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 9 Fax: (321) 868-1247
www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org
City of Cape Canaveral
Community & Economic Development Department
NOTICE OF A HEA11ING
THE CITY OF CAPE CANAVERAL CASE No. 2012-00085
A Florida Municipal Corporation, DATE: 9/6/13
Complainant,
V.
Respondent(s):
Atlantic Gardens Owners Association
C/O Robert K. Barnes, R. A.
Location of the Violation:
8401 N Atlantic Avenue, Unit D-7, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on
September 19, 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 T14AT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TTIE APPEAL IS TO BE
BASED.
D ED this 6th day of September 2013
Duree Alexandir,'Co& E�forcement Officer
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: info@cityofcapecanaveral.org
CfTV or
CAM -1
I = CITY OF CAPE CANAVERAL
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2012-00085
A Florida Municipal Corporation, Date: 11/15/12
Complainant,
V.
Owners of the property located at:
8401 N Atlantic Avenue, Unit D-7, Cape Canaveral, FL 32920
Respondent(s):
Atlantic Gardens Owners Association
C/O Robert K. Barnes, 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 islare 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 WITFUN 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):
8401 N Atlantic Avenue, Unit D-7, Cape Canaveral, Fl, 32920
2. Name and address of owner(s) of property where violation(s) exist:
Atlantic Gardens Owners Association, Inc.
C/O Robert K. Barnes, R. A.
8401 N Atlantic Avenue, Unit 1-12
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.myflorida.com/cave e-mail: d. alexanderAcityofcapecanaveral.ori!
Page 2
2012-00085
Your property was posted with a Stop Work Order on 10/12/12, for interior renovations that
require permit(s). You must obtain the required permit(s) and approved final inspection(s).
3. Description of Violation(s) at property: 82-10, Stop Work Order;
Upon notice from the building official, work on any building, structure, electrical, gas,
mechanical or plumbing system that is being done contrary to the provisions of this code or in a
dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall
be given to the owner of the property, or to his agent, or to the person doing the work, and shall
state the conditions under which work may be resumed. Where an emergency exists, the building
official shall not be required to give a written notice prior to stopping the work.
Section 82-3 1, Florida Building Code Adopted; The Florida Building Code 2007 edition, as may
be amended from time to time, as published by the Florida Building Commission, shall be
known as the City of Cape Canaveral Building Code and is hereby adopted by reference and
incorporate herein as if fully set out.
FLBC 105.1 Required Permit(s); Any owner or authorized agent who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation to which is regulated by this code, or to cause any such work to
be done, shall first make application to the building official and obtain the required permit.
FLBC I 10. 1 General Inspection(s); Construction or work for which a permit is required shall be
subject to inspection by the building official and such construction or work shall remain
accessible and exposed for inspection purposes until approved. Approval as a result of an
inspection shall not be construed to be an approval of a violation of the provisions of this code or
of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or
cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It
shall be the duty of the permit applicant to cause the work to remain accessible and exposed for
inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense
entailed in the removal or replacement of any material required to allow inspection.
4. Recommendation(s) to correct the violation(s) described above:
• Cease and desist aH work on the unit(s) as stated on the "Stop Work Order'.
• Obtain the required permits for any/all electrical, plumbing, mechanical, and structural
work performed on the unit, and the approved final inspection(s) for the required
permit(s).
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cape e-mail: cityofcapecanaveral.org
Page 3
2012-00085
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, (32 1)
;86 -1222.
ekle�nder
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.myflorida.com/cai)e e-mail: cityofcapecanaveral.org
City of Cape Canaveral
Community & Economic Development Department
NOTICE OF HEAPJNG
THE CITY OF CAPE CANAVERAL CASE No. 2013-00055
A Florida Municipal Corporation, DATE: 9/6/13
Complainant,
V.
Respondent(s):
Michael A. & Lorraine L. Baffella
The Plaza Owners Association, Inc. C/O Darlene Brinkley, R. A.
Location of the Violation:
221 Columbia Drive, Unit 143, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on
September 19, 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.
DX. 6th da f September, 2013
AZ =
Duree Alexander, Code Enforcement Officer
75 10 N. Atlantic Avenue 0 Post Office Box 326 * Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 9 Fax: (321) 868-1247
www.cityofcapecanaveral-org * email: info@cityofcapecanaveral-org
City of Cape Canaveral
Community Development Department
MM NOTICE OF VIOLATION
CO. I OF
CAP9 CANAVFRAL
THE CrrY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owner(s) of the property located at:
221 Columbia Drive, Unit 143, Cape Canaveral, FL 32920
Respondent(s):
Michael A & Lorraine L Barrella, H/W
The Plaza Owners Association, Inc.
C/O Doing Association Business, Inc.
C/O Darlene Brinkley, R. A.
Case No. 20134W55
Date: 6/13/13
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice
of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described
below. Respondent(s) is/are hereby notified that 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 violation(s) is/are not corrected within the time period set forth above or the
violation(s) recur(s) even if the violation(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 violation(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
ENFORCEMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exist(s):
221 Columbia Drive, Unit 143, Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Michael A & Lorraine L. Barrella, H/W & The Plaza Owners Association, Inc.
373 Jeremy Court C/O Doing Association Business, Inc.
Merritt Island, FL 32953 C/O Darlene A. Brinkley R. A.
215 Cherie Down Lane
Cape Canaveral, FL 32920
75 10 N. Atlantic Avenue e Post Office Box 326 * Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868 - 1222 * Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247
10055
Our office received a complaint that an A/C unit had been installed without the required permit
and approved final inspection, A search of our records revealed that a permit was not obtained. A
site visit revealed a new A/C unit had been installed on the roof of the building for Unit 143.
Staff contacted you by telephone and requested you obtain a permit. To date no application has
been submitted to our office.
3. Description of Violation(s) at property: Sec. 82-3 1. - Florida Building Code adopted.
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 105.1 Required Permit(s); Any owner or authorized agent who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation to which is regulated by this code, or to cause any such work to
be done, shall first make application to the building official and obtain the required permit.
FLBC I 10. 1 General Inspection(s); Construction or work for which a permit is required shall be
subject to inspection by the building official and such construction or work shall remain
accessible and exposed for inspection purposes until approved. Approval as a result of an
inspection shall not be construed to be an approval of a violation of the provisions of this code or
of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or
cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It
shall be the duty of the permit applicant to cause the work to remain accessible and exposed for
inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense
entailed in the removal or replacement of any material required to allow inspection.
4. Recommendation(s) to correct the violation(s) described above:
• Obtain a permit for installation of the A/C unit on the roof.
• You must obtain the approved final inspection(s) for all permitted work.
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 of the recommendations contained
herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape
Canaveral, (321) 868-1222.
uree Alexander
Code Enforcement Officer
City of Cape Canaveral
Community & Economic Development Department
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2013-00069
A Florida Municipal Corporation, DATE: 9/6/13
Complainant,
V.
Respondent(s):
Merritt Development Inc.
C/O Richard R. Thurin
Location of the Violation:
201 Richie Avenue, Cape Canaveral, FL 32920
A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement
Board on September 19, 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 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.
I is 6th day of September, 2013
i A /�
A,
C
Duree Alexander, Code(Enforeement Officer
75 10 N. Atlantic Avenue 9 Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 * Fax: (321) 868-1247
www.cityofcapecanaveraLorg - email: info@cityofcapecanaveral.org
="W
CAMCAMVIA"
City of Cape Canaveral
Community & Economic Development Department
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
201 Richie Avenue, Cape Canaveral, FL 32920
Respondent(s):
Merritt Development Inc.
C/O Richard R. Thurm
CASE NO. 2013-00069
Date: 8/1/13
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice
of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described
below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s)
described below is/are to be voluntarily performed within fifteen (15) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or the
violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing
Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the
City of Cape Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties may be assessed up to $250 per day for each first violation or up to
$500 per day for each repeat violation described in this notice until the violations(s) has/ have
been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE
ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
7521 N Atlantic Avenue, Lot 345, Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Merritt Development C/O Richard R. Thurm,
7521 N Atlantic Avenue
Cape Canaveral, FL 32920
7510 N. Atlantic Avenue * Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 9 Fax: (321) 868-1247
www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org
2013-00069
Page 2
You erected a fence on your property known as the Hitching Post, without the required permits
and approved inspections. Staff has attempted to contact you on several occasions regarding the
application you submitted for the fence and informed you that you must obtain a licensed
contractor to obtain a permit.
3. Description of Violation(s) at property: 82-3 1, Florida Building Code Adopted;
The Florida Building Code 2007 edition, as may be amended from time to time, as published by
the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code
and is hereby adopted by reference and incorporate herein as if fully set out.
FLBC Section 105. 1, Permits Required; Any owner or authorized agent who intends to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation to which is regulated by this code, or to cause any such work to
be done, shall first make application to the building official and obtain the required permit.
FLBC I 10. 1 General Inspection(s); Construction or work for which a permit is required shall be
subject to inspection by the building official and such construction or work shall remain
accessible and exposed for inspection purposes until approved. Approval as a result of an
inspection shall not be construed to be an approval of a violation of the provisions of this code or
of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or
cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. it
shall be the duty of the permit applicant to cause the work to remain accessible and exposed for
inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense
entailed in the removal or replacement of any material required to allow inspection.
4. Recommendation(s) to correct the violation(s) described above:
Obtain a licensed contractor to apply for the permit for the fence you erected on
your property.
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.
. I a -
Code Enforcement Officer
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE # PC)Ce' - M )> -�- APPLICATION FEE $ ) w ?-,0
APPLICANT: 6ha ew- DATE:-- to/ 3
ADDRESS: qlt'� )N -
CITY: 00) uvo b ue-., — STATE: 014 zip:. q 3;;Q 9
NATURE OF VIOLATION(S):_ \Arinut>
ADDRESS OF SUBJECT PROPERTY:
DATE FINE/LIEN IMPOSED:
COMPLIANCE DA
AMOUNT:
�Dol I
Y OR TOTAL
RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one)
IF REDUCTION, THE APPLICANT PROPOSES $ 3 5. ocxD AS THE AMOUNT OF THE REDUCED FINE.
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If more space is needed add additional pages) OQncc-c-4-e-d amd
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT 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 THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages)
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING
BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR
SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages)
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN CON'T
I CERTIFY THAT THE INFORMATION CONTAINED WITHN THIS APPLICATION IS TRUE AND CORRECT.
Applicant's Kignature Date
FOR NOTARY USE ONLY:
STATE OF V-10, 40L
COUNTY OF tr&y% !�
SWORN and subscribed before me this 13 day of Avj,6k 2011, by ��C,�OLrA M (��\k C
j Printed Narne of Applicant
3(who provided identification: C- DL. or
El is personally known to me.
Mot
Seal: MATTHEW M. WILUAMS
NOWY Pubk - Stdo ol Roft
My COMM. EWM Apr 25. 2016
CWNSGIN 0 EE t92714
APPLICATION FEE:$ 100 -Cm=)
FOR STAFF USE ONLY
J.�aj") wj �-
Signature - Notary Public At Large
RECEIVED BY CITY ON q o5. I q -0 :2015
COM[PLIANCE CONFIRMED BY BUILDING OFFICIAL ON
CODE ENFORCEMENT REVIEW ON
CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES
ACTION OF CITY COUNCIL: APPROVE; _ DENY; APPROVE WITH THE FOLLOWING CONDITIONS:
DATE OF COUNCIL ACTION:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITIHN 30 DAYS OF COUNCIL ACTION, TO WIT:
ON OR BEFORE
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMXNT LIEN
CODE ENFORCEMENT CASE #: 10-00126
APPLICATIONFEE:$ /cc). OCD
APPLICANT. ANA M. ESCALONA-CLEMENTE
DATE:
ADDRESS: -2 15 PIERCE AVENUIT,-Mrr"C"
CITY: CA�� �-k) A t -k I
NATURE OF viOLA=N(s): L / E t--,, '
/ -5 �;' 5 C) S' L10 - / /,V, Dp-,
STATE. FL
L-) /i- -Fe g
ZIP; 4292-16- 3 3 / 1? 60
ADDRESS OF SUBJECT PROPERTY: 215 PIERCE AVENUE, UNIT "C", CAPE CANAVERAL, FL 32920
DATE FINE/LIEN IMPOSED: 07/2112011
COMPLIANCE DATE:
AMOUNT: $250.00 + $100.00 PER DAY /DAY OR TOTAL
AS OF THE 20th. of WAY -201 1.
RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT
PROPOSES $ 0'00 AS THE AMOUNT OF THE REDUCED FINE.
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES TIES APPLICATION SHOULD BE GRANTED:
(If more space is needed add additional pages) I Mrs. Ana M. Escalona - Clemente did not create the
violation. I have worked quickly with the City of Cape Canaveral staff and that of the City of Cocoa.
The property is now in compliance and having to pay the lien cost would create a hardship.
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT 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 THECIRDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add
additional pages) THE APPLICANT IS THE NEW OWNER OF THE PROPERTY SINCE JULY 18th., 2013.
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)
As of the 16th. of August, 2013 the property is in compliance. I Ana M. Escalona-Clemente have
brought the property into compliance in less than 30 days from the date of closing. All failures to
correct and maintain the nronertw in comnlianrp wprp rrantati hv nrarir%ise nrr%ng:hrh,
Date:
STATE OF
COUNTYOF 13—cb-c-(
BEFORE NE the undersigned authority did personally appear Aiet whoprovided
/--C 0r,"'.5 as identification, and who after being place under oath, swore or affirmed the
information contained within this application is true and correct.
JOY LOMBARDI
MYGOMML% 094753
EXPIRES: Aug S '2015
Bonded Thru Notary p I
Notary PubliSt,
FOR STAFF USE ONLY
APPLICATION FEE:$ 160 -OC-) RECEIVED BY CITY ON 7 -
COMPLIANCE CONFIRMED BY BUILDING OFXICIAL ON
CODE ENFORCEMENT REVIEW ON
CODE ENFORCEMENT RECOM?vENDATION ATTACHED: YES
ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING
CONDMONS:
DATE OF COUNCIL AMON:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE NET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
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Duree Alexander
From: DOLORES NAGEL <doloresn@aol.com>
Sent: Thursday, September 19, 2013 9:57 AM
To: Duree Alexander
Subject: Update from Dolores Nagel
Dear Duree,
Last night I sent you the first page of the approval lefter & contract for the Deed in Lieu from the Suntrust Bank. If you
did not receive it please let me know asap. As of now, I have until Oct. 28 to remove everything from the property and to
finalize my involvement with poor old 201, 203, 205 Jefferson. This accident with my car being totaled is a huge
challenge for me right now. I'm still stuck in Connecticut. My brother & the insurance company are helping me as much as
possible. Under the circumstances I may be able to get an extension on that date. Other things are involved to make that
possible- long & complicated. I will let you know about the final date as soon as I know. Please Duree, ask the "powers
that be" for an extension of time to finish all of this. Theend is insight. I would guess that everything will be settled no
later than the end of November. I thank you again orall of your help. You have been wonderful.
Dolores Nagel
Tel: 517-351-7136