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Home My WebLink AboutCEB 10-17-2013Roll Call City of Cape Canaveral imunity & Economic Development Department AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE OCTOBER 17,2013 6:00 P.M. Establish Next Meeting Date: November 21, 2013 NEW BUSINESS: 1 . Approval of Meeting Minutes: September 19, 2013 ;2-1-19 COMPLIANCE HEARINGS: 2. Case No. 12-00090 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (280 Monroe Ave.) — Ronald H. & Christine T. Lero, Property Owner. _'_5&'00m0.c:'0 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. 4. 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. <2,7,L— itl-2(11-3 - 150.00/7S.CC) 5. Citation No. 0 121 — Violation of Florida Statutes Section 82-375, Construction Contracting Regulation Violation; and Florida Statutes Section 489-127, Prohibitions, (5805 N. Banana River Blvd., Unit 1156) — Michael D. Furrow, Sub -Contractor. 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. 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 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 19,2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on September 19, 2013, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Walter Godfrey James Hale Ralph Lotspeich MEMBERS ABSENT Lynn Mars OTHERS PRESENT Duree Alexander Brian Palmer Joy Lombardi Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on October 17, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meetina Minutes: JuIv 18. 2013., Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of July 18, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 19, 2013 Page 2 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 PrODertv Maintenance Code (1998 edition), as adODted by Section 82-221, of the City of CaDe Canaveral Code of Ordinances, (201, 203, 205 Jefferson Ave.) – Dolores G. Nagel, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the roof. Officer Alexander stated that this Case was presented to the Board for Compliance Hearings on several occasions and was granted additional time. Officer Alexander explained that SunTrust Bank is taking possession of the property and the agreement requires the owner vacate the premises by October 28, 2013. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until November 21, 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 retroactively beginning on June 21, 2012 until found in compliance. Motion by Mr. Viens, seconded by Mr. Godfrey, to accept Staff's recommendation and find the Respondent in non-compliance and be given until November 21, 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 retroactively beginning on June 21, 2012 until found in compliance. Vote on the motion carried unanimously. 3. Case No. 12-00015 - Violation of Section 105.1. Permit Required; Section 110-1 Inspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (218 Jefferson Ave..)�Rob&rt M. Barthelme, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for work without a permit. Officer Alexander stated that the Respondent has obtained a permit interior renovations and work has commenced on the property. Robert Barthelme, property owner, sent a written request for additional time due to the fact that he is out of state caring for his elderly mother. Mr. Barthelme requested an extension on his permit and informed Staff that he would be back in Florida in late October. The permit has been extended by the Building Official until November 9, 2013. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Amended Board Order, and be given until November 21, 2013 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100-00) per day thereafter retroactively beginning on October 18, 2012 until found in compliance. Code Enforcement Board Meeting Minutes September 19, 2013 Page 3 Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff s recommendation and find the respondent in non-compliance and be given 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 one hundred dollars ($100-00) per day thereafter retroactively beginning on October 18, 2012 until found in compliance. Vote on the motion carried unanimously. 4. Case No. 13-00024 - Violation of Section 105.1, Permit Required: Section 110 1 -L' Insr)ections 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, testified that this Case is in compliance. 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, Duree Alexander, testified that this Case is in compliance. 6. 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 ador)ted bv 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, testified that this Case is in compliance. PUBLIC L!E—ARINGS* 7. Case No. 12-00085 - Violation of Section 105.1, Permit Required- Section 110.1, Inspectio s General, of the Florida Building Code, as adopted �2-31 ' of the City of Cape Canaveral Cogie of Ordinances, (8401 N. Atlantic Ave., Unit D7) — Atlantic Gardens Owners Association, c/o Robert K. Barnes, R.A. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 8. Case No. 13-00055 - Violation of Section 105.1. Permit Reguired: Section 110.1, InSDections ��_eneral, 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. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. Code Enforcement Board Meeting Minutes September 19, 2013 Page 4 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. 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 the Notice of Violation, the Respondent submitted an application for a fence as an owner/builder; however, because the property is for rent, he will need a contractor to apply for the permit. Officer Alexander further stated that a fence contractor applied for the permit today. Richard Thurm, property owner, testified that he made an attempt to work with Viking Fence to obtain the permit; however, they failed to do so. Mr. Thurm stated that he contacted East Coast Fence and they submitted an application for the permit. Mr. Thurm stated that this issue should be resolved in a week or two and requested additional time to come into compliance. Officer Alexander respectfully requested that the Board find the Respondent in violation, and be given until October 17, 2013 to come into compliance. Motion by Mr. Viens, seconded by Mr. Godfrey, to accept Staff's recommendation and find the respondent in violation and be given until October 17, 2013 to come into compliance. Vote on the motion carried unanimously. OLD BUSINESS: 10. Case No. 08-00127 — Application for Satisfaction or Release of Code Enforcement Lien, (8740 Croton Ct.) — Chase Home Finance LLC, Property Owner. Code Enforcement Officer, Duree Alexander, provided a brief overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for the maintenance of the property. The original violator was Robert Muckenfuss. Officer Alexander stated that on October 6, 2009, Chase Home Finance LLC took possession of the property through foreclosure and brought the property into compliance on December 16, 2010. Officer Alexander explained that on March 22, 2012 the Code Enforcement Board considered an application for the reduction of the Code Enforcement Lien in the amount of ninety -eighty thousand two hundred fifty dollars ($98,250.00) to nine thousand eight hundred and twenty-five dollars ($9,825.00), 10% of the value of the lien. Staff requested that the Code Enforcement Board recommend to the City Council a reduction of the lien to seventy-five thousand dollars ($75,000.00). The Code Enforcement Board accepted Staff's recommendation and unanimously recommended the City Council reduce the outstanding lien to seventy-five thousand dollars ($75,000-00). On April 17, 2012 City Council considered the application for the Satisfaction or Release of the Code Enforcement Board Lien in the amount of ninety -eighty thousand two hundred fifty dollars ($98,250.00). The application was denied. Code Enforcement Board Meeting Minutes September 19, 2013 Page 5 Pursuant to Section 2-260(g), of the City Code, if the application is denied, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. On August 14, 2013 Chase Home Finance, LLC applied for a reduction of the Code Enforcement Lien in the amount of ninety -eighty thousand two hundred fifty dollars ($98,250.00) to thirty-five thousand dollars ($35,000-00). Rick Mahler, representative of Chase Home Finance, LLC, requested that the lien be reduced to thirty-five thousand dollars ($35,000.00) due to the fact that the property has been brought into compliance and the neighbor that was adversely affected has been compensated. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien to thirty-five thousand dollars ($35,000-00). Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and recommend that Council reduce the lien in the amount of ninety -eighty thousand two hundred fifty dollars ($98,250.00) to thirty-five thousand dollars ($35,000.00). Vote on the motion carried unanimously. 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. Code Enforcement Officer, Duree Alexander, provided a brief overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for exterior maintenance and no water. Officer Alexander stated that the unit had not had water since the end of 2010 and remained vacant. Officer Alexander further stated that Ana M Escalona-Clemente, Clemenesca Corp., purchased Unit C on July 19, 2013 and immediately took necessary steps to install and connect an individual water meter for the unit. Accordingly, on August 05, 2013 a plumbing permit was applied for and on August 14, 2013 the permit received an approved final inspection bringing the property into compliance. Mr. Clemente testified that they purchased the property in August and immediately obtained a permit and brought the property into compliance. Mr. Clemente stated that the lien amount well exceeds the value of the property and is requesting a satisfaction of the lien; however, he stated that he understands there are staff's cost to consider. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of eighty-one thousand nine hundred fifty dollars ($81,950-00) to thirty-six thousand eight hundred seventy-seven dollars and fifty cents ($36,877.50). Discussion followed regarding the value of the property and the quick response for compliance. Motion by Mr. Viens, seconded by Mr. Lotspeich, to recommend that Council reduce the lien in the amount of eighty-one thousand nine hundred fifty dollars ($81,950-00) to five thousand dollars ($5,000.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 19, 2013 Page 6 ADJOURNMENT: There being no further business the meeting adjourned at 6:52 P.M. Approved on this day of Joy Lombardi, Board Secretary 2013. Mary Russell, Chairperson emer CAPO GANAVWM City Community & of Cape Canaveral Economic Development Department NOTICE OF COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00090 A Florida Municipal Corporation, DATE: 10/7/13 Complainant, V. Respondent(s): Ronald H. & Christine T. Lero H/W Location of the Violation: 280 Monroe Avenue, Cape Canaveral, FL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 17, 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 T14AT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTTN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D)� this 7th dayof Septembe ?013 Vj Duree Alexander, Cod �m�nt fficer C: Don Sargeant 75 10 N. Atlantic Avenue 0 Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 * Fax: (321) 868-1247 www.dwokavecanaveral.ore - email: info@citvofcat)ecanaveral.nrP C 0 ity of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00090 A Florida municipal corporation, Complainant, V. Ronald H. & Christine T. Lero Owner of the Property located at: 280 Monroe Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA, LOT 14 & WLY 38.07 FT OF LOT 15 BLK 20 PLAT BOOK 0003 PG 0007 Respondent, 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 February 21, 2013 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1 . That Respondent was provided a 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofc4pecanaveral.org e-mail: info(&,cityofcgpe;anaveral.org Case #12-00090 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105. 1, Permit Required; Section 110. 1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent had representation present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 18, 2013. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until October 13, 2013 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article V1. Case #12-00090 DONE AND ORDERED at Cape Canaveral, Florida, this 18'hday of April, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA - �Ialtlll Mary Rt#sell, Chairperso�-- Copies furnished to: Ronald H. & Christine T. Lero, Property Owner Donald Sargent, Tenant City of Cape Canaveral, Case File _'ity of Cape Canaveral .,ommunity & Economic Development Department ICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, CASE No. 2013-00057 DATE: 10/07/2013 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 October 17, 2013, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcLapecanaveral.or e-mail: infbacityofcapecanaveral.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 October, 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.cityofcEecanaveral.or e-mail: inf6(&_cityofcgpecanaveral.or C 0 ity of Cape Canaveral Community & Economic Development Department VREVISED NOTICE OF VIOLATION 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, C/O 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) 1S/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 violadon(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 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: See. 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 fiu-ther 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 all interior work Cut/trirn grass and remove weeds Failure to comply within fifteen (15) days from receipt of this Notice shall result in ftu-ther 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 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 City of Cape Canaveral Community & Economic Development Department FICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2013-00078 A Florida Municipal Corporation, DATE: 10/07/2013 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 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 17, 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 coffect 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.o e-mail: infoOcityofcapecanaveral.org AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 7th day of October, 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: infoAcityofcapecanaveral.org City of Cape Canaveral Community & Economic Development Department VNOTICE OF VIOLATION ITY OF CAPE CANAVERAL CASE NO. 2013-00078 A Florida Municipal Corporation, Date: 08/22/2013 Complainant, V. Owners of the property located at: 8522 N Atlantic Ave, Cape Canaveral, FL 32920 Respondent(s): Canaveral Breakers Annex, INC., A Condominium C/O Clifford Whitney, Registered Agent PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 8522 N Atlantic Ave, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Canaveral Breakers Annex, INC., A Condominium C/O Clifford Whitney, R.A. 8522 N. Atlantic Ave Unit 36 Cape Canaveral, FL 32920 75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.or e-mail: info (a_),cityofc4pecanavera1.org Page 2 2013-00078 On April 2 nd , 2013 the building official, Glenn Pereno, received a permit application from Hayward Gordon of H&J Concrete, to repair the balcony and steps at 8522 N. Atlantic Ave. Mr. Pereno contacted Brevard County Contractor Licensing who informed Mr. Pereno, H&J Concrete Inc. did not have an active contractor's license and was not authorized to obtain a permit. Mr. Pereno informed Mr. Hayward via fax on April 10 1h , 2013. Mr. Hayward was also informed by Code Enforcement on April 2 nd , 2013 he needed to stop all work until he obtained the proper permits. Mr. Hayward continued with the work without approval. 1. 3. Description of Violation(s) at property: Sec. 82-31, - Building Code. (FLBC) The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. FLBC Section 105 Required Permit(s) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC Section I 10 General Inspection(s) Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation(s) to correct the violation(s) described above: 0 Obtain a permit and approved final inspection for balcony and stair 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. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info@cityofca-pecanaveral.org Page 3 2013-00078 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.cityofcEecanaveral.org e-mail: infb(d)cityofcLapecanavera1.orR City Community & of Cape Canaverg Economic Development Department ;- cmw CITY OF CAPE CANAVERAL cooffe"Am" 777 NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CONSTRUCTION CITATION # 0121 A Florida Municipal Corporation, DATE: 10/7/13 Complainant, V. Respondent(s): Michael D. Furrow Location of the Violation: 8505 N Banana River Drive, Unit 1156, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 17, 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 Construction Citation # 0121, attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are con-ected pursuant to Chapter 82, Article XV, of the City of Cape Canaveral Code of Ordinances and Section 489.127 and 489.132 Florida Statutes. 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 D this 7th day of October, 201 )'�'4 11 n��Lcl� buree Alexander, Codb Enforcern ffc::e�r 75 10 N. Atlantic Avenue 0 Post Office Box 326 e Cape Canaveral, FL 32920-0326 Tclephone: (321) 868-1222 - Fax: (321) 868-1247 www rimnkinecanaveral.orr - emad: info@citvokanecanaveral.arp *A CONSTRUCTION CONTRACTOR CITATION ISSUING AGENCY* CrrY Of r8 -2i CITATION NO.: 0121% et seq. City of Cape Canaveral Code; The undersigned certified that upon personal investigation, Wshe has masiniaible and probable grounds to be& -4% and does betiem 04'on: Day of the Weela- ;I�J L) I Month: I D& 19 1 Year � I Tim " 10 CJ AM U. PM First Name: T i) 1 C�4 R r.1L. M.I.: JW"J I CV Lan Name: F'UV4eZV—) Street Address: P.&.0a � — city, state: Zip Code: MR Ul- 7a% - Phone No.: L% n ID.O.B.: --T 3-7-1101� I Race:. _ Lo tyl JHei9ht:-S'-J1 J Did Commit Z3 182-375 eL eq. City of Cape Car�veral Code - ConstruAlon Contracting Regulation Violation. a violation of.- # 489.127 Florida Statutes. Ptoibitions (Contrading Cof&ry to Regulations of ft6NsslDns and Occupations). 43 f 489.132 (1) Florida bited acts by u�licer@e� principals (of Qualified Construction companies). staw"'A Facts constituting Reasonable and Probable Cause: V�.)Ow- Location of Vio�tion: 6&-6 X -11N 0Vr ti5e4y'17-- !>VU 100 a A. Vo Ponatty:4500.00 for each violation. Each day Conti all be d tied to consdbft a sepwate infraction. SignatuTt of Officer. \1 �--A rime of issuance: I ' 3 0 LIMA 'N�pm- Print Name/r#1e of Officer Date of Issuance: Issued by. Oyfiertified �a% Return Receipt Requested -VF4%W Detwery to Violator ,U Hand Delivery to Family Member at Residenc�(15 yrs. or older) Specify Person., Nonam VIOLATOR This Citation is issued pursuant to to § 82-375 et seq., City of Cape Canaveral Code and Chapter 489, Fta. Stat Any person who is issued land receives this Citation shall irarqediately cease the actfor which the Citation was issued. Upon receipt of this Ci c4f, tki viotmir ifiia Cease ana'd'e'sist from the ad for which this Citation has been issued and elect Ci1bg_rto: (1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City of Cape Zanaveral. the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash (do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at, 105 Polk Avenue, Cape Canaveral, FL 32920. You must include a copy of this Citation with your payment, OR (2) Within (10) days of receipt of this Citation, not including weekends and legal holidays, request an administrative hearing before the Citj(s Code Enforcement Board to appeal the issuance of this Citation in accordance with the applicable procedures set forth in the Cape Canaveral Cc& All such requests for a hearing shad be made in writing to the Cape Canaveral City Manager at 105 Polk Avenue, Capwe,*Canavera4. Florida 32920. Failure to request such a hearing in writing within the ten (10) day time period shad constitute a waiver of the violator's right to a hearing and such waiver shall be deemed an admission of the violation and the pena imposed as set fbrth in this Citation. If the Code Enforcement Board finds that a violation exist, the Coc,*Epfb Board may order the violator to pay a civil penalty of not less than the amount set forth on this Cita, . Wbkpore than $1,000.00 per day for each violation. The above reme Any unlicensed person violating subsections 489.127 or'489.r its a misdemeanor of the first degree upon first offense. Arry unlicensed rson, having previously been found.- lating subsection 489.127(l) commits a felony of the third degree uOF67 second offense. Any unlicensed commits a violation of subsection 489.127(l) during the existence of a state of emergency declare utive order of the Governor, commits a felony of the third degree, punis.habte as provided in 1775308 083, Florida Stabrtes. Your signature below d con an admissiori"' wever, willful refusal to sign and accept this Sju i Citation is a second degre*ea nishable by a .00 and/or 60 days in jail as provided by S §775.082 or 1775.083, Fla. S Date: �Signature of Violator oriqW � -To be Retaked by the Cape Canaveral Code Enforcernent Board Eat= -'r jeljo�OW-- To be RetaineLry'ftlator X �,�Pink CoW- To be Retained �14, OC- 6 /Cf/7 11�5 ILI C6-8 ?/[,?(rn pr(el-t' gae—e- " KI 7-A u r -M /Oaw-e� V - Eli" !f _____ �� /tea �{ h�Pz- cs�- 4 -Y-� e.-�-��, ®� � L -- -----_______---_._.//__ __ _.______p---._ ________�__.__.� _- _ __ ---__ --_-- ____._ _ __.._.__.moi._ _ _/_� -_ - ------ -- ___ _ _ __ _ _ . �.GL►tct( f-c>�%GtJ � GC�� cJd/(S. of r%�� —t/v'�t �, /�GCd�C3c i'�r"��...___.._ __ dd ��'1 i-� �e�J GZ`cJ.�� ___��_Y�_..._,_____�__�_�_,_��_.�__� ._ __ _�._ . _ _ . _ _ ____.__. _. _...____�-__.___ ___ __- ---_-- �� 5oca� -.��-_ v____ _____- ---- _�. �___ - -- -—______.._��__..v._..._--------------- --- ..._� -- - I�_ �_—____-- - .�.__.__.�_��-----------------------�---_.�_w�._--_-__._. I I� l --- _.1 _._.__.�--------.-----------------.__ __.____��__. ___ .____.__ __----_._.�_____ �__.__ ___._.__. -_._._._.___..._s ___..._._ _..__