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HomeMy WebLinkAboutCEB AGENDA PKT 11-20-14CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA November 20, 2014 6:00 PM —CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: December 18, 2014 PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Code Enforcement Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens are encouraged to limit their continents to three (3) minutes. The Code Enforcement Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: Approval of Meeting Minutes: September 18, 2014 COMPLIANCE HEARINGS: 2. Case No. 13-00047 — Violation of Section 110-468, Accessory Structures, of the City of Cape Canaveral Code of Ordinances, (625 Manatee Bay Dr.) — Randal Craig Donceel, Trustee. 3. Case No. 14-00026 - Violation of Section 78-128, Change of Use; Section 78-121, Established; and Section 78-99, Fees, of the City of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd.) — Elpidasmar Management LLC, do Pantelis Markogiannakis, Property Owner; Saigon Restaurant, LLC, c/o Hai T. Tran, Business Owner. PUBLIC HEARINGS: 4. Case No. 14-00005 — Violation of Section 301.3, Vacant Structures and Land; Section 303.1, Exterior Structure, General; Section 303.2, Protective Treatments; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (7304 Poinsetta Ave.) - Mid First Bank, Property Owner. Case No. 14-00074 — Violation of Section 34-96, Standards Established; Section 34-97, Duties and responsibilities for maintenance, of the City of Cape Canaveral Code of Ordinances, (201 Chandler Street) — Oceanside Treasure, LLC, Wells, Jeffery W., R.A., Property Owner. 6. Case No. 14-00076 — Violation of Section 34-97, Duties and responsibilities for maintenance; Section 110-555, Paving of VehicularUse Areas; Section 110-492, Location of Spaces, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot, W. Central Blvd) — Port Hospitality Group, Inc., Baugher, Robert A., R.A., Property Owner. OLD BUSINESS: 7. Case No. 10-00140 — Application for Satisfaction or Release of Code Enforcement Lien, (8713 Hibiscus Ct.) — Federal National Mortgage Association. Pursuant m 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 A& all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance an participate in the proceedings should contact Ne Building Department (321)868-1222 48 hours in advance ofthe meeting. City of Cape Canaveral Community & Economic Development Department NOTICE OF COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2013-00047 A Florida Municipal Corporation, DATE: 10/23/2014 Complainant, V. Respondent(s): DONCEEL, RANDAL CRAIG TRUSTEE Location of the Violation: 625 MANATEE BAY DR, CAPE CANAVERAL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 20, 2014, 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 30 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. DATED this 23th day of October, 2014 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcaoecanaveral.ore e-mail: info(a),citvofcaoecanaveral.ore City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #13-00047 A Florida municipal corporation, Complainant, V. Donceel, Randal Craig Trustee Owner of the Properly located at: 625 Manatee Bay Dr. Cape Canaveral, FL 32920 LEGAL: DISCOVERY BAY LOT 25 PLAT BOOK 0040 PAGE 0023 PARCEL ID: 24-37-15-7500000.0-0025.00 Respondent, 3rd AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on July 18, 2013 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. 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 110-468, Accessory Structures, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 110-468, Accessory Structures, of the City Code; Mailing Address: P.O. Boz 326— Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 —Fax (321) 868-1247 www citvofcaoecanaveral.ore c -mail: info(alcitvofcaoecanaveml.ore Caw #13-00047 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 November 21, 2013. 7. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 17, 2014. 8. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on August 21, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until October 23. 2014 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 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 #13-00047 DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of August, 2014. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary RLVell, Chairperson Copies furnished to: Donceel, Randal Craig Trustee Discovery Bay Homeowners Association, Inc., c/o George L. Schorn Jr., R.A. City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development NOTICE OF COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2014-00026 A Florida Municipal Corporation, DATE: 10/28/14 Complainant, V. Respondent(s): Elpidasmar Management, LLC, C/O Pantelis Markogiannakis, R.A. Saigon Restaurant, LLC, C/O Hai T. Tran, R. A. Location of the Violation: 8501 Astronaut Blvd, Cape Canaveral, FL 32920 PI: 24-37-15-00-00835.0-0000.00 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 20, 2014, 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 violations) occurring upon the property of the Respondent(s) as set forth in the 3rd Amended Order Imposing Penalty On First Violation attached as EXHIBIT "A" and shall make a detemunation 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. ]?ATED this 28th dpy of October,A0i4-, Duree Alexander, Code Enforcement Officer I Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcaoecanaveral.ore a -mail: info(�citvofcauecanaveral.ore City of Cape Canaveral Community & Economic Development CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #14-00026 A Florida municipal corporation, Complainant, V. Elpidasmar Management, LLC; c/o Pantelis Markogiannakis, R.A, Owner of the Property located at: 8501 Astronaut Blvd. Cape Canaveral, FL 32920 LEGAL: PART OF GOVr LOT 4 AS DESC IN ORB 5321 PG 3501 PARCEL ID: 2437-1600-00835.0-0000.00 Respondent, 3rd AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on April 17, 2014 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on 8501 Astronaut Blvd, Cape Canaveral, Florida ('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 Fad and Conclusions of Law incorporated into this Order as set forth herein. Findinos 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 78-128, Change of Use; Section 78-121, Established; and Section 78-99, Fees, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcavecanaveral.ore a -mail: infa(@citvofcanecanavrral nro Case # 14-00026 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 78-128, Change of Use; Section 78-121, Established; and Section 78-99, Fees, 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 June 19, 2014. 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 August 21, 2014. 8. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 18, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until October 23. 2014 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. Case k 14-00026 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of September, 2014. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russel , Chairperson Copies furnished to: Elpidasmar Management, LLC; c/o Pantelis Markogiannakis, R.A. Saigon Restaurant, LLC; c/o Hai T. Tran, R.A. City of Cape Canaveral, Case File City of Cape Canaveral Community & Economic Development NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2014-00005 A Florida Municipal Corporation, DATE: 10/29/14 Complainant, V. Respondem(s): 7304 Poinsetta Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00052.0-0009.03 Location of the Violation: Mid First Bank A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 20, 2014, 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 Respondents) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violations) is/am 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. TED this 29th day of October, 2014 A Ia c a Lg)a4A(:1— ee Alexander, Corld Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcapecanaveral.ore e-mail: info aocitvofcapecanaveral.ore City of Cape Canaveral Community & Economic Development NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2014-00005 A Florida Municipal Corporation, Date: 9/09/14 Complainant, V. Owners of the property located at: 7304 Poinsetta Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00052.0-0009.03 Respondent(s): Mid First Bank 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) exist(s): 7304 Poinsetta Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00052.0-0009.03 2. Name and address of owner(s) of property where violation(s) exist: Mid First Bank 501 NW Grand Blvd. Oklahoma City, OK 73118-6112 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcapecanaveral.ore e-mail: infoQcitvofcanecanaveral.ore NOTICE OF VIOLATION 2014-00005 Page 2 A site visit to the property revealed the exterior materials covering this unit are deteriorated and in need of maintenance. The disconnect box for the A/C system is detached from the structure and hanging loose; the porch area over the entrance is in need of repair; over all exterior of this unit is poor and in need of maintenance. Description of Violation(s) at property: Section 82-221, International Property Maintenance Code Adopted (IPMC); The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Section 301.3, Vacant Structures and Land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public. IPMC Section 303.1, Exterior Structure, General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC Section 303.2, Protective Treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather resistant and water tight. 3. Recommendation(s) to correct the violation(s) described above: • A permit must be obtained to repair/replace the deteriorated exterior coverings and any portions underneath the exterior coverings that may be deteriorated. • The repair/replacement of the exterior equipment and/or A/C disconnect must be completed by a licensed electrician. • An approved final inspection must be obtained to be in compliance. 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, av-eral, (321) 868-1222. Duree Alexander Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcauecanaveral.ore a-mail: info(&,citvofcavecanaveral.org City of Cape Canaveral Community & Economic Development Department NICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2014-00074 A Florida Municipal Corporation, DATE: I in12014 Complainant, V. Respondem(s): OCEANSIDE TREASURE LLC C/O WELLS, JEFFERY W., REGISTERED AGENT Location of the Violation: 201 CHANDLER ST, CAPE CANAVERAL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 20, 2014, 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 Statat", 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.citvofcanecanaveral.ore a -mail: b.oalmer .citvofcanecanaveral.ore AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 7th day of November, 2014 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 w .citvofcanecanaveral.ore e-mail: b.palmernacitvofcanecanaveral.ore City of Cape Canaveral Community & Economic Development Department REVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2014-00074 A Florida Municipal Corporation, Date: 10/13/2014 Complainant, V. Owners of the property located at: 201 CHANDLER ST, CAPE CANAVERAL 32920 PARCEL ID: 24-37-14-50-000013.0-0001.00 Respondent(s): OCEANSIDE TREASURE LLC, WELLS, JEFFERY W., 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 thirty (30) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each fast 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): 201 CHANDLER ST, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: OCEANSIDE TREASURE LLC WELLS, JEFFERY W., R. A. 211 CAROLINE STREET OFFICE CAPE CANAVERAL, FL 32920 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcaoecanaveral.ore e-mail: bpalmerAcitvofcaoecanaveral.ore Page 2 2014-00074 Our office received a complaint regarding the condition of your property and a site visit revealed the parking area on the east side of 208 Caroline Street in need of repair. Staff also observed the dumpster area was not screened on three sides with the open side positioned away from public view, along with trash and debris not properly placed in the dumpsters. 3. Description of Violation(s) at property: Section 34-96. (b), (d) Standards established. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Section 34-97. (a), (1), (3), (b), (1), (2), (3) Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. (3) Holes, excavations, breaks, projections, obstructions. All such holes and excavations shall be filled and repaired and walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and occupants, operators, tenants or anyone otherwise using the property in any form or manner shall provide: (1) Adequate placement of trash cans and dumpsters in strict observance of applicable sections of this Code and guidelines for garbage and trash collection service. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: b.palmer(a.citvofcapccanaveral.ore Page 3 2014-00074 (2) Screening of service yards and dumpster area by use of walls, fencing, planting or a combination of these on three sides with the open side positioned away from public view when possible, and which meet the design requirements as adopted in Appendix A [refer to building department] of this article referring to this section. Screening shall be equally effective in winter and summer. (3) Parking areas in good repair, free from erosion, properly marked and clear of litter and debris. Paving may consist of the following materials: macadam, asphalt, concrete, pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, curb, kerb, curbstone, kerbstone, edgestone and curbing. All paving material shall have a finished surface and must be contained by a permanent border and properly maintained. 4. Recommendation(s) to correct the violation(s) described above: • Repair all parking area by paving and properly marking • Screen dumpster area on three sides insuring the open side is positioned away from the public view (See Appendix A) • Remove all trash and debris Failure to comply within thirty (30) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. Brian Palmer Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcapecanaveral.ore e-mail: b.nalmer(a—)citvofcaoecanaveral.ore City of Cape Canaveral Community & Economic Development Department NOTICE OF HEARING PFTHE CITY OF CAPE CANAVERAL CASE No. 2014-00076 A Florida Municipal Corporation, DATE: 10/31/2014 Complainant, V. Respondeut(s): PORT HOSPITALITY GROUP INC., BAUGHER, ROBERT A., R.A. Location of the Violation: PART OF RECLAIMED LAND LYING W OF ASTRONAUT BLVD AS DESC IN ORB 5701 PG 6996, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 20, 2014, 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/am 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. DATED this 31" day of October, 2014 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www citvofcanecanaveral.ore e-mail: b.palmer(acitvofcaoecmmveral org City of Cape Canaveral Community & Economic Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL. CASE NO. 2014-00076 A Florida Municipal Corporation, Date: 09/25/2014 Complainant, V. Owners of the property located at: Vacant Lot, W. Central Blvd. Legal Discerption: PART OF RECLAIMED LAND LYING W OF ASTRONAUT BLVD AS DESC IN ORB 5701 PG 6996, Cape Canaveral, FL 32920 Parcel In: 2437-15-00-00838.0-0000.00 Respoodent(s): PORT HOSPITALITY GROUP INC., BAUGHER, ROBERT A., RA. 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 NOTIPY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): Vacant Lot, W. Central Blvd. Legal Description: PART OF RECLAIMED LAND LYING W OF ASTRONAUT BLVD AS DESC IN ORB 5701 PG 6996, Cape Canaveral, FL 32920, Cape Canaveral, FL 32920 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Page 2 2014-00076 2. Name and address of owner(s) of property where violation(s) exist: PORT HOSPITALITY GROUP, INC. BAUGHER, ROBERT A., RA 2210 S. ATLANTIC AVENUE COCOA BEACH, FL 32931 Our office has received numerous complaints regarding the parking of vehicles on the grass area on the side of the access road between W. Central Blvd and the Radisson. Staff has also received complaints regarding to the condition of the access road between W. Central Blvd and the Radisson. 3. Description of Violation(s) at property: Section 34-97. (a), (3) Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (3) Holes, excavations, breaks, projections, obstructions. All such holes and excavations shall be filled and repaired and walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. Section 110-555, Paving of Vehicular Use Areas. All commercial and industrial areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to drives, parking, service and display areas, shall be paved. Paving may consist of the following materials: macadam, asphalt, concrete, pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, curb, kerb, curbstone, kerbstone, edgestone and curbing. All paving material shall have a finished surface and must be contained by a permanent border and properly maintained. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Page 3 2014-00076 Section 110-492, (d), Location of Spaces (d), Required off-street parking areas for seven or more automobiles shall have individual spaces marked and shall be so designed, maintained and regulated that no parking or maneuvering shall be on any landscaped buffer, public street, walk or alley and so that any automobile may be parked and un -parked without moving another, allowing, however, a driveway of not more than 24 feet total on any street or alley for ingress or egress to the off- street parking area. 4. Recommendation(s) to correct the violation(s) described above: • Discontinue the parking of vehicles on the grass or pave area vehicles are being parked. • Maintain the roadway pursuant to the code 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_ � 7�jo Brian Palmer Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 City of Cape Canaveral Community & Economic Development ANT PROCEDURES FOR APPLYING FOR A SATISFACTION OR REDUCTION OF A CODE ENFORCEMENT LIEN Order imposing a penalty or fine, as described in F.S. Ch. 162, has been of Brevard County, Florida, and has become a lien against the land and/or been found in compliance, a request for the satisfaction or release of the lien may be submitted in writing on the application form provided by the City of Cape Canaveral. The following procedures apply to any person applying for a satisfaction or release of the Code Entorcemcnt Board lien. 1. The application must be submitted at least two (10) days prior to the next available Code Enforcement Board Meeting, on the application provided by the City. 2. A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff. This fee is non-refundable, without regard for the final determination of the request. 3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the current property owner, a notarized statement allowing the individual(s) to represent the properly must be submitted with the application. 4. Once the completed application has been reviewed and approved, the request will be scheduled for the first available Code Enforcement Board ]searing and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff stro I recommends that you or a representative is present at the hearing. Please initial here: 5. The request will be presented to the Code Enforcement Board and a card will provide the applicant with an opportunity to address the Board regarding the Request. The Board shall, by motion, make a recommendation to the City Council for approval, approval with conditions, or denial of the application. 6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the next available City Council meeting date, which is usually the following month. 7. The Code Enforcement Board Secretary will contact the applicant with the location, date and time of the next available City Council Meeting. This information is also available on the City of Cape Canaveral's on line calendar at wu_w.cityofcapecanaverabob. It is strongly recommended that you be present at this bearing to represent vowrequest for the satisfaction or release of the lien. 8. The City Council may approve, approve with conditions, or deny the application to satisfy or release the lien. 9. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of the lien. 10. If the application is denied for any reason; the violator/application shall not be allowed to apply for a subsequent satisfaction or release of the lien for a period of one (1) year. During that period the lien may only be satisfied and role a ed u on full payment of the fine or penaltty� i posed. Signature of Applicant: Date: V b Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcamecanaveral.mg a -mail: info rr^ueityofcanecanaveral.org City of Cape Canaveral Community & Economic Development Department -- ! CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE# 2010-00140 APPLICATION FEE:$ 100,00 APLICANT; Federal National Mortgage Association DATE; 10/30/2014 ADDRESS: clo Albertelli Law 5404 Cypress Center Drive Sude 300 CITY; Tampa STATE: FL ZIP; 33609 EMAIL iholley@albertellilaw.com PHONE: 813-2214743 ext 1260 NATURE OF VIOLATION(S): See attached copies of recorded liens ADDRESS OF SUBJECT PROPERTY: 8713 Hibiscus Court, Cape Canaveral, FL 32920 PARCEL ID: 24=37-14-5Z-00000.0-0144.00 DATE FINE/LIEN FILED: See Attached AMOUNT (Total): See Attached COMPLIANCE DATE: See Attached RELIEF REQUESTED:® SATISFACTION/®REDUCTION IF REDUCTION, THE APPLICANT PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE, THE FACTUAL BASIS UPON WHICH THE VIOLATOR BEUEVFS THIS APPLICATION SHOULD BE GRANTED: llf more space is needed add more pages) See Attached THE REASON, 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: (H more space is needed add more pages) See Attached 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 more pages) -See Allaiah Mailing Address: P.O. Box 326 Physical Address: i 10 p Ik Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 —Fax (321) 868-1247 azaw.cicYcrfcapccanaveral.ore e-mail; info(rdcitvofcaneca_neyeral.ore STATE OF�deuign!d COUNTY OFBEFORE Mdid personally appear—JIM" K who provided h as identification, and who after being placed u er oath, swore or affirmed the info ration contained within this application is true and correct. Notary v NAWY7110MAS W COMMMIDN ♦EE828682 EMPIRES.A 09, 2016 FOR STAFF USE APPLICATION RECEIVED BY CITY ON 6W—b4 COMPLIANCE CONFIRMED ON Lo CII CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: DYES ONO ACTION OF CITY COUNCIL: DAPPROVE; ❑DENY; OAPPROVE WITH THE FOLLOWING CONDITIONS: DATE OF COUNCIL CONDITIONS AND PAYMENT OF REDUCED FINETO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 wwwcityofcapecanaveral.org a -mail: unfo@6 gveral.org uF•N 2013270635, OR BK 7029 Page 2505, Recorded 12/12/2013 at 12:28 PM, Scott. Ellis, Clark of Courts, Brevard County City Of Cape Canaveral Community & Economic Development Department � CODE ENFORCEMENT BOARD I- _.i 3n p"�`o,t .- CITY OF CAPE CANAVERAL, FLORIDASr'"-*tri 11i 5i THE CITY OF CAPE CANAVERAL,--.Cas6�YF10-U014d 'mak �`; A Florida municipal corporation, c9a1111CAlOM 1jt S = Complainant, '- , fTARO/f1,t11a0A r V. ODUWYGPWAWAD cRlrgaGlaGfawlalll, Federal National Mortgage Association t - 7r1"riyNy3 ' M�is 8713 Hibiscus Courtamw away^ Cape Canaveral, FL 32920 WAW NV, �ya�yay�ap may+ LEGAL: OCEAN WOOD STAGE 5 LOT 144 PUT BOON 0025 PAGE 0037 a" earl PARCEL ID: 24-37.14-57 00000 Ml".0a aP ow tow sad do aaMMM Im CIV na of Cacoom l w � dry of Respondents, ORDER IMPOSING PENALTY ON FIRSTVIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 21, 2013 -to determine whether any violations of the City of Cape Canaveral: Code of Ordinances exist or existed on the property located at 8713 Hibiscus Court, Cape Canaveral, Floridal (-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 Respondents were provided a Notice of. Violation in accordancewith - 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 108.1, Unsafe Structures &-Equipment; Section 108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1, General; and Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221,'of the City Code exist or existed upon the Property and Respondents were further provided a reasonable time to correct said violation; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL. 32920-0326 Telephone (321)868-1222—Fax {321)868-1247 www.citvofcanecanaveral.ore a -mail: infotacitvofcacecanaveral.org ..n BK 7029 PG 2506 Case N10-00140 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondents were provided notice of hearing before the Code Enforcement Board and were not present at the hearing held on May 19, 2011; 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 108.1, Unsafe Structures & Equipment; Section 108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1, General; and Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed on the Property within the City of Cape Canaveral and that such constitute violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, R IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of two hundred and fifty dollars ($250.00) per day, including all cost authorized by law related to the violation, until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents 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; 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall, pursuant to section 162.09(3), Florida Statutes, serve as a lien against the Property and any other real or personal property owned by the Respondent, including but not limited to the properties identified in Exhibit "A," attached hereto and fully incorporated herein as a material part of this Order pursuant to this reference. 3. Any and all future recurrence(s) of any violation(s) addressed herein aftersame 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. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondents) 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 Vt. DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of November, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Copies furnished to: Federal National Mortgage City at Cape Canaveral, Case File AaRu-19-11, Chairperson City of Cape Canaveral lmunity & Economic Development Department OTICE OF COMPLIANCE reneral tvanonai mortgage Association 1001 Semmes Avenue Richmond, VA 23224 CASE NO: 2010-00140 LOCATION OF VIOLATION: 8713 Hibiscus Court, Cape Canaveral, FL 32920 PI: 24-37-14-57-00000.0-0144.00 RESPONDENT(S): Federal National Mortgage Association Your property was found in compliance on June 6, 2014, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: Sec. 82-221. International Property Maintenance Code adopted (IPMC). IPMC Section 108, Unsafe Structures and Equipment; 108.1, IPMC Section 108.1.3, Structure Unfit for Human Occupancy, IPMC Section 303.1; General, IPMC Section 303.4, Structural Members, IPMC Section 303.7; Roofs and Drainage, IPMC Section 303.11, Stairways, Decks, Porches and Balconies, IPMC Section 304.1; General, IPMC Section 304.2, Structural Members. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1222. 1Sincerely, Duree Alexan Enforcement Officer 1 C: Barbara Zom 7510 N. Atlantic Awnue • Pon Offi« Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w xitpfcapecanaverel.org • email: info@utyofcapec wral.org