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HomeMy WebLinkAboutCEB Agenda Pkt. 7-23-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA July 23, 2015 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: August 20, 2015 PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Code Enforcement Board excluding public hearing items, which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens are encouraged to limit their comments to three (3) minutes. The Code Enforcement Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1. Approval of Meeting Minutes: January 22, 2015 2. Approval of Meeting Minutes: June 18, 2015 COMPLIANCE HEARINGS: 1. Case No. 15-11 - Violation of Section 34-94, Purpose; Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities; Section 82-221, International Property Maintenance Code Adopted, of the City of Cape Canaveral Code of Ordinances, (246 Harbor Dr.) — Ernest F. Szopor, Property Owner. — In compliance. PUBLIC HEARINGS: 1. Case No. 15-34 — Violation of Section 34-97, (1), (3), Duties and responsibilities for maintenance; Violation of Section 304.1, General; Section 304.3, Interior Surfaces; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (211 Caroline Street, Unit B-8) — Palms East of Cape Canaveral, LLC, C/O Jeffery W. Wells, R. A. Code Enforcement Board Agenda July 23, 2015 Page 2 1. Case No. 10-83 — Application for Satisfaction or Release of Code Enforcement Lien, (8200 Canaveral Blvd.) — Bank of America NA 2. Case No. 10-150 - Application for Satisfaction or Release of Code Enforcement Lien, (7000- 7008 N Atlantic Ave.) — Mary M. Beasley, P.O. 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 b 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 Ad: all interested parties may attend this Public Mating. 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 ofthe meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES January 22, 2015 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 22, 2015, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:02 pm by Vice Chairperson Raymond Viens. The Board Secretary called the roll. MEMBERS PRESENT Raymond Viens Vice -Chairperson Christopher Cloney James Hale Lynn Mars MEMBERS ABSENT Mary Russell Chairperson Walter P. Godfrey, Jr. Ralph Lotspeich OTHERSPRESENT Kimberly Kopp Assistant City Attorney Todd Morley Economic Development Director Duree Alexander Code Enforcement Officer Brian Palmer Code Enforcement Officer Michael German Building Official Susan O'Donnell Board Secretary Economic Development Director Todd Morley introduced Michael German, the new Building Official. He stated the Community and Economic Development Department would be split to form Community Development and Economic Development. Dave Dickey as Community Development Director will oversee the Building Department as well as Code Enforcement and Mr. Morley will be the Director of Economic Development. Board members established that the next meeting would be held on February 19, 2015. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. Code Enforcement Board Meeting Minutes January 22, 2015 I. Approval of Meeting Minutes, November 20, 2014. Motion by Mr. Cloney, seconded by Mr. Hale, to approve the meeting Minutes of November 20, 2014, as written. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 2. 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 structures. The property owner was not present at the meeting. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Seventh (71h) Amended Board Order, imposing penalty on First Violation, and be given will March 18, 2015 to comply, or 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, shall be imposed until such time as the property is found in compliance by the Code Enforcement Officer. Officer Alexander testified that the extension was being requested because the owner was trying to obtain a demolition permit and he had assured Staff he will move forward with demolition of the property to obtain compliance. Motion by Mr. Hale, seconded by Mr. Mars, to accept Staffs recommendation. Vote on the motion carried unanimously. caner. Code Enforcement Board Meeting Minutes January 22, 2015 Code Enforcement Officer Durce Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that the violation is for nonpayment of sewer impact fees for the Saigon Restaurant. At this time, the amount in arrears is $3,372.00. Mr. Markogiannakis, property owner, explained he was in Greece for four months and believed the issue was settled. He has agreed to pay the $3,372.00, but has concerns that once he pays this amount he will be reassessed for the other businesses located in this plaza. He is asking for an extension until he has had an opportunity to meet with his attorney and Staff has reevaluated the entire plaza to see if there are any additional fees he may incur. Officer Alexander explained that the sewer impact fees assessed are correct and sees no reason why there would be any additional fees assessed for units I & 2, if the seating remains the same. Officer Alexander testified that Staff had agreed to conduct a site visit to the property with the Building Official to confirm that no additional fees may be due for the other units located at this address, but this would be considered a separate Code Enforcement Violation. Mr. Markogiannakis stated he had been operating these restaurants for many years with no issues regarding the number of seats; he requested additional time to address the violation and obtain legal representation. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Fourth (0) Amended Board Order and immediately impose penalty on the First Violation in the amount of one hundred and fifty dollars ($150.00) for the first day of non- compliance and seventy-five ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Officer Alexander testified, based on Mr. Markogiannakis request for legal representation, Staff will support a thirty (30) day extension to allow Mr. Markogiannakis time to consult with his lawyer and come before the Board at the next Code Enforcement meeting held on February 19, 2015. Motion by Mr. Cloney, seconded by Mr. Hale. to accept Staffs recommendation and find the Respondent in non-compliance and be given until February 19, 2015, to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter, until found in compliance. Vote on the motion carried unanimously. Property Owner. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that the violation is for property maintenance. The property owner was not present at the meeting. Code Enforcement Board Meeting Minutes January 22, 2015 Based on the evidence and the testimony presented at this hearing, Staff respcctfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until February 19, 2015, to comply or a fine shall be imposed in the amount of one hundred and fifty dollars ($150.00) for the first day of non-compliance and seventy-five dollars ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Motion by Mr. Cloney, seconded by Mr. Hale, to accept Staffs recommendation and find the Respondent in non-compliance and be given until February 19, 2015, to come before the Board and explain his progress to meet the requirements of the violation or a fine shall be immediately imposed in the amount of one hundred and fifty dollars ($150.00) for the fust day and seventy-five dollars ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Of =. Vote on the motion carried unanimously. Owner. Code Enforcement Officer Broin Palmer reported that this property was in compliance and requested that it be removed from the Agenda. 6. Code Enforcement Officer Dunce Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that the violation is for work without a permit and exterior property maintenance. The property owner was not present at the meeting. Based on the evidence and the testimony presented, Staff respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation, and be given until February 18, 2015, to comply or a fine shall be imposed in the amount of one hundred and fifty dollars ($150.00) for the first day of non-compliance and seventy-five ($75.00) par day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Code Enforcement Board Meeting Minutes January 22, 2015 Motion by Mr. Cloney, seconded by Mr. Hale. to accept Stairs recommendation and find the Respondent in non-compliance and be given until February 18, 2015, to comply or be fined in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter, until found in compliance. Vote on the motion carried unanimously. PUBLIC HEARINGS: 7. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officcr Palma testified that the violation is for loud noise; dogs barking. The owners were not present at the meding. Officer Palmer respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until February 19, 2015, to comply or a fine shall be imposed in the amount of seventy-five ($75.00) for the first day of non-compliance and twenty- five ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Motion by Mr. Hale, seconded by Mr. Mar& to accept Staffs recommendation and find the Respondent in non-compliance and be given until February 19, 2015, to comply or be fined in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Vote on the motion carried unanimously. ADJOURNMENT: Motion by Mr. Hale and seconded by MT. Mars to adjourn the meeting at 6:53 p.m. Approved on this _day of , 2015. Raymond Viens, Vice Chwq--n V onnell, Bo 7s=,t;(�Typed 7man, Senior Minutes) CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 18, 2015 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 22, 2015, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:00 pm by Chairperson Mary Russell. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Christopher Cloney James Hale Ralph Lotspeich Lynn Mars MEMBERS ABSENT None OTHERS PRESENT Kimberly Kopp Duree Alexander Brian Palmer Michael German Susan O'Donnell Chairperson Vice -Chairperson Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary The Board members established the next meeting would be held on July 23, 2015. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. COMPLIANCE HEARINGS: N/A PUBLIC HEARINGS: (246 Harbor Dr.) — Ernest F Szapor, Prouerty Owner. Code Enforcement Board Meeting Minutes June 18, 2015 Page 2 Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that the violation is for property maintenance. The property owner was not present at the meeting. Mr. Palmer provided the Board with the dates of the follow up site inspections and stated that he has made contact with the property owner and requested that the property owner remove the items stored in the front and side yard to a more appropriate area on his property. Mr. Palmer stated that the property owner was making progress with cleaning up these areas in an effect to be in compliance. Based on the evidence and testimony presented at this hearing, Staff respectfully requested that the Board find the Respondent in violation as set forth in the Notice of Violation and be given until July 23, 2015, to comply or a fine shall be immediately imposed in the amount of seventy- five dollars ($75.00) for the fust day of non-compliance and twenty-five dollars ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall be imposed. There was a brief discussion by the Board regarding how the recycling business and lawn service is this resident's only means of income. Part of the problem is that the surrounding resident's drop off items to be recycled. Chairperson Russell stated it should be made clear to the respondent that once the property has been cleaned up, these conditions cannot reoccur. Motion by Mr. Viens seconded by Mr. Hate, to accept Staff's recommendation and find the Respondent in non-compliance as set forth in the Notice of Violation and be given until July 23, 2015, to comply, or a fine shall be immediately imposed in the amount of seventy-five dollars ($75.00) for the first day of non-compliance and twenty-five dollars ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall be imposed. Vote on the motion carried unanimously. NEW BUSINESS: Staff presentation on establishing maximum amounts on fines as imposed by the Code Enf nv ement Board. Code Enforcement Officer Durce Alexander informed the Board that at a recent City Council Meeting a Council member suggested that Staff conduct a study on setting maximum fines for Code Enforcement liens. Staff has been tasked with presenting this study to the Code Enforcement Board and is asking for direction from the Board as to whether they feel there is a need for revising the Code Enforcement lien procedures to place maximum limits on Code Enforcement Liens. Code Enforcement Board Meeting Minutes January 22, 2015 Page 3 Staff provided an overview of the City of Cape Canaveral Code of Ordinance Division 2, Section 2-256 Created; Section 2-258 Duties, responsibilities and powers; Section 2-260 Application for Satisfaction, or release of code enforcement liens, and Florida Statute 162.09 Administrative fines; cost of repair; liens. Staff presented a spreadsheet to the Board outlining surrounding jurisdictional procedures and requirements for applying and releasing Code Enforcement liens. There was discussion regarding how they determined if and when a lien would be reduced; if there was a time frame for the release of the lien; if there was a maximum fine amount accessed; and if the Code Board, Special Magistrate or City Council made the final determination. The Board talked about the differences and similarities in relationship to the City's procedures. They also discussed the possibility of implementing lien(s) against the violators real and personal property in an attempt to expedite compliance. Board members agreed that no changes were necessary at this time. Motion by Mr. Hale, seconded by Mr. Viens, to submit a recommendation to City Council that the Board did not recommend any changes be made to the current Code Enforcement lien policies and procedures at this time. Vote on the motion carried unanimously. The meeting was adjourned at 7:00 p.m. Approved on this _day of , 2015. Mary Russell, Chairperson fSusan O'Donnell, Board Secretary ✓V1rA9 Q. �/YlA/Oti. Duree Alexander; Code Enforcement Officer (Typed Minutes) City of Cape Canaveral Community Development Department DTICE OF COMPLIANCE SZAPOR, ERNEST F 246 HARBOR DRIVE CAPE CANAVERAL, FL 32920 CASE NO: 2015-11 LOCATION OF VIOLATION: 246 HARBOR DR CAPE CANAVERAL 32920 PARCEL ID: 24-37-14-25-00000.0-0058.00 RESPONDENT(S): Ernest F. Szapor: A site inspection of the property located at 246 Harbor Dr. revealed the property to be in compliance. DESCRIPTION OF VIOLATION: Section 34-94.(b) Purpose Section 34-96. (a), (b), (d) Standards established Section 34-97. (a), (1) Duties and responsibilities for maintenance Section 82-221. - International Property Maintenance Code adopted I.P.M.C. 301.2 Responsibility Thank you for your cooperation in this matter If you have any questions, please do not hesitate to contact me at (321) 868-1222. Sincerely, Brian Palmer Code Enforcement Officer 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: Bahner(ulcitvofcaoecanaveral.ore City of Cape Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2015-34 A Florida Municipal Corporation, Date: 7/8/15 Complainant, V. Respondent(s): Palms East of Cape Canaveral, LLC C/O Jeffery W. Wells, R. A. Location of the Violation: 211 Caroline Street, Unit B-8, Cape Canaveral, FL 32920 P1: 24-37-14-00-00502.0-0000.00 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 23, 2015 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 me 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 my 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. 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: infoCrrlcitvofcaoecarraveral.ore Notice of Hearing 723115 Meeting Date Page 2 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 8th day of July, 2015 " Aa -416— 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.cilvofcaaecanaveral.or¢ e-mail: info(alcitvofoaoecVaveral.ore City of Cape Canaveral Community Development NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2015-34 A Florida Municipal Corporation, Date: 6/12/15 Complainant, V. Owners of the property located at: 211 Caroline Street, Unit B-8, Cape Canaveral, FL 32920 Pl: 24-37-14-00-00502.0-0000.00 Respondent(s): Palms East of Cape Canaveral, LLC C/O Jeffery W. Wells, 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 care the violation(s) described below istam 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) recurs) 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 $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist($): 211 Caroline Street, Unit B-8, Cape Canaveral, FL 32920 PI: 24-37-14-00-00502.0-0000.00 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 citvofeanecanaveral.ore e-mail: info(alcitvofcanecanaveral.ore Notice of Violation Case No. 2015-34 Page 2 2. Name and address of owner(s) of property where violation(s) exist: Palms East of Cape Canaveral, LLC C/O Jeffery W. Wells 211 Caroline Street, Office Cape Canaveral, FL 32920 Staff received a complaint regarding the mold in Unit B-8. A site inspection of the property did not reveal any visible mold, however, it was evident to the senses that mold was present. The current tenant provided an Analysis Report prepared by Mold -Spec, an independent Microbial Consulting Company to identify the present of mold in the unit. The tenant informed Staff that this information was provided to your office staff. 3. Description of Violatiou(s) at property: Section 82-221, International Pronertv Maintenance Code Adopted. The International Property Maintenance Code, (IPMC) 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. IPMC Section 304.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. IPMC Section 304.3. Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. City of Cane Canaveral Code of Ordinances: *NOTE: Section 34-91, Definitions: The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Filth means foul matter; unsanitary conditions; offensive or disgusting. Obnoxious means very unpleasant, objectionable and offensive. Section 34-97 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 fort or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, `obnoxiousrgrowths", accumulations of"filth", garbage, trash, refuse, debris and inoperative machinery. 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 ora e-mail: infoftitvofcaoecanaveral ore Notice of Violation Case No. 2015-34 Page 2 (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. 4. Recommendation(s) to correct the violadon(s) described above: ➢ Repair all plumbing leaks and water problems as soon as possible; Scrub mold off hard surfaces with detergent and water and let dry completely. ;P Do not caulk moldy surfaces until all the mold has been removed. > Do not seal up areas that have mold until the mold has been completely removed. Absorbent or porous materials, such as carpet, tiles or drywall may have to be removed and replaced to resolve the mold problem. 'v Tenants should be able to occupy the unit without health complaints, or physical symptoms. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the lmn ious 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, ext. 13. Durce Alexa der 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 citvofcanecanaveral ore City of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL rION FOR SATISFACTION OR REDUCTION OF CODE ENFORCEMENT DEN .2-00083 APPLICATION FEE:$ 100.00 DATE:uY. .�_ RECEIVED Jut 09 2015 ADDRESS: Apnnr�nAttl a myrl - -- CRY: ZB C-�nv^ra _ STATE: FI ZIP: 3282r EMAIL: PHONE: 321-2804658 NATURE OF VIOLATION(S): IPMC Section 303 .1, 303 .4, 303.6 & 303.7 General Structural Members, Exterior Walls, Roof & Drainage. ADDRESS OF SUBJECT PROPERTY -8200 Canaveral Blvd, Unit D-2 PARCELID: 24-37-14-51-0003.0-004.06 DATE FINE/UEN FILED: 12/11/12 AMOUNT (Totalh $7 5, 950 a3 Of 1/7/15 COMPLIANCEDATE: 6/25/15 RELIEF REQUESTED:?SATISFACTION/ CREDUCTION IF REDUCTION, THE APPLICANT PROPOSES$ 50 AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD HE GRANTED: (If more space 8 needed add more pages) 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: (If more space is needed add more pages) Them hank owned and all ro 's nad to m dans 6v me ore,ervetion company which hill WMIIWI who 112 Mt ISITIMIK wM Me CRY of Cane C MWral 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: (N Tom space is needed add more pages) Mailing Address: P.O. Boz 326 Physical Address: I lUolk Avvnwe ,'t Cape Canaveral. FL 32920-0326 _ Telephone (321) 868-1222 - Fax (321) 868-1247 wu_w.ci1lof6rwnnav_cmI.crg a -mail: info(Gciryqfwxanavcral.ore STATE OF COUNTY OF I C141 BEFORE ME the undersigned authority did personally appear �e�. �i alt who provided A)niimm is me, as Identification, and who after being placed u er oath, swore or affirmed the information contained within this application is true and correct. GFRRY M CHECR:Y E N_7 Paallc $TATE OF TE%A3 Notary P liC MY Cgnm. FxP. a9' at -16 FOR STAFF USE ONLY APPLICATION RECEIVED BY CITY ON COMPLIANCE CONFIRMED ON I. -'d5-1 CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: OYES ONO ACTION OF CITY COUNCIL: OAPPROVE; ODENY; OAPPROVE WITH THE FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avcnuc Cape Csa rveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (32 1) 868.1247 wx w_ci nfcrpecAn_aycml.� a -mail InfoLdc01t ofeapccenavc 1 OM Bank of America NA 2830 Cochran Street Simi Valley, CA 93065 City of Cape Canaveral Community Development Department NOTICE OF COMPLIANCE CASE NO: 2012-00083 LOCATION OF VIOLATION: 8200 Canaveral Blvd, Unit D-2 Cape Canaveral, FL 32920 PI 24-37-14-51-00003.0-004.06 RESPONDENT(S): Bank of America NA Your property was found in compliance on June 25, 2015, by meeting the requirements of the Notice of Violation. Section 82-221, International Property Maintenance Code Adopted (IPMC). IPMC Section 303.1, General. IPMC Section 303.4, Structural Members. IPMC Section 303.6, Exterior Walls. IPMC Section 303.7, Roofs and Drainage. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1222 ext. 13. Sincerely, ® q Dmee Alexander, Code Enforcement Officer cc: Branum James Construction Tina Adamson, Real Living Mutter Real Estate 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 e-mail: info(alcitvofcauecanaveral ore City of Cape Canaveral Building Department/Code Enforcement CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. John M. 8 Carol A Norton Owner of the Property located at: 8200 Canaveral Blvd., Unit 2D Cape Canaveral, FL 32920 Case #12-00083 CFN 2012259539, OR BK 6765 PAGE 2511, Rewrdad 11270012 at 08.55 AM. Mitch NeedeMn. CIeM Of Cauls. Brevard Couray # Pgs2 LEGAL: CAPE CANAVERAL BEACH GDNS UNIT 2 PT OF LOT 4 BLK 3 AS DES IN ORB 2543 PG 1308 PLAT BOOK 0017 PAGE 0081 Respondents, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on December 11, 2012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondents were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ('City Code) and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage, 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; 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; 7510 N Atlantic Avenue -- P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222—Fax (321) 868-1247 www.cityofcapecanaveral.ore e-mail: infoaa,citvofcapecanaveral.ore Case #12-00083 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 303.1, General; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitute violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter, 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 serve as a lien against the Property and any other real or personal property owned by the Respondent. 3. 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. 4. 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 Vl. DONE AND ORDERED at Cape Canaveral, Florida, this 11th day of December, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ I, Chairperson congice1011 snawrealta Copies furnished to: 00tlOrrOe b John M. 8 Carol A Norton trtr0iarlaelt City of Cape Canaveral, Case File t yl�y1r au v 4r 4r ��z8a.r�,i �Fcr� - �Yf/f♦r�/prUp rkrbwyr or Uu. Orytiryl�ar�►pt�M. 111Y XV 11111111111 rN 06 wlerit w Marr fY /Lir `..Iri FY OF CAPE CANAVERAL OTICE OF VIOLATION ane. a.aa a ve a.earc�AVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 8200 Canaveral Blvd. Unit 2, Cape Canaveral, FL 32920 Rcapoudeot(s): John M. & Carol A Norton, H/W Bank of America, C/O David Mulberry CASE NO. 2012-00083 Date: 11/1/12 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 core 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/= 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 Respondem(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each fust 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 TONE PERIOD REQUIRED, TBE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Propertywherevietatiou(s) eri1(s): 8200 Canaveral Blvd. Unit 2, Cape Canaveral, FL 32920 2. Name and address of owners) of property whereviolation(s) exist: John M. & Carol A. Norton Bank of America, C/O David Mulberry 217 Woodland Avenue 400 National Way Cocoa Beach, FL 32931 Simi Valley, CA 93065 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mvf1orida.com1caoe e-mail: d. alexanderacityofeapecanaveral.org 'age 2 !012-00083 hn office received a complaint regarding water damage to an interior ceiling. A site visit evealed the condition of the exterior siding and flashing appears to be allowing water to nfdtrate into the adjoining property, causing water damage to the ceiling. This was reported to lank of America on 6/13/12. i. Description of Violation(s) at property: Sec. 82-221. International Property Maintenance :ode adopted (IPMC). le International Property Maintenance Code, 1998 edition, as published by the International ;ode Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. IPMC Section 303.1, General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC Section 303.4, Structural Members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. IPMC 303.6, Exterior Walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. IPMC 303.7, Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. 4. Recommendation(s) to correct the violation(s) described above: a Obtain a licensed contractor to obtain a permit to repair siding and flashing. a Repair or replace any and all damaged portions of roof and any other exterior areas in need of repair not specifically stated herein. 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 esrtate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 8 - 222. urea Code Enforcement Officer 7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cave 6 -mail: c0ofcapecanaveral.ora City of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR REDUCTION CODE ENFORCEMENT CASE#oLOIC APPLICANT: 1 RWP M "tjE.Fsf�Lc1? APPLICATION FEE: $ 100.00 DATE: 7//h Z1.JT" CITY:.- �,nr STATE: -lle2& ZIP: 3a9ao EMAIL: N/A PHONE: ,?Q 1 - 41)17- 19QY NATURE ADDRESS OF SUBJECT DATE FINE/UEN FILED: 7-u 11 AMOUNT(Total):4�.,1SctC.ZS COMPLIANCE DATE:MM IT— RELIEF REQUESTED:❑ SATISFACTION / OREDUCTION IF REDUCTION, THE APPLICANT PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add more 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: (If more space is needed add more pages) ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add more pages) 4N. rpb vi1 Cr.v=1151 �:nc $RM.9L 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.cityolcavecanaveral.org e-mail: info(a)citvofcapecanaveral org STATE OF �^ COUNTYOF t fGf BEFORE ME theypder;red authodb did personally appear —mar 1 QpG L who provided SL C�IuS I! : G as identification, and who AF 6 beinglaced un 16 oath, swore or affirmed the information contained within this application is true and correct. A,, !fes"?^k: PA1aICEG MIFAVN s, . ar�LaaSSittlrffi Notary Public �j` E%PIRES:Nwembx 23, 2011 �.wN' BanaelRa YRRQnquwYwt FOR STAFF USE ONLY APPLICATION RECEIVED BY CITY ON COMPLIANCE CONFIRMED ON CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: OYES ONO ACTION OF CITY COUNCIL: OAPPROVE; ODENY; OAPPROVE WITH THE FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE 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.citvofcanccanaveral.ore e-mail: info(ad)citvofcapecanaveral.ore City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Mary M. Beasley, Cape Surf c/o Michael T. Floyd, R.A. Owner of the Property located at: 7000-7008 N. Atlantic Avenue Cape Canaveral, FL 32020 LEG4 AVONBYTHESEALOTS9,106W1M0FLOT118LK65PB3PO7 Respondents, Case #10-00150 CFN 2011019894, OR BK 6326 PAGE 2818, a.x .d 02M310/ 1 et 0757 AM. MOdh NeWe11+nCWR Of GWM arevenl cw" # Pgs 3 ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on January 20, 2011 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. 13151,=— - IfT� Si -X-f- aPF3-NTZSP-7 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 accordance with Section 2-256 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 30-27(axb), Alarm Permit Required; Section 30-30(d), Response to Alam1 Activation, of the City Code exist or existed upon the Property and Respondents were 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 Respondents were provided notice of hearing before the Code Enforcement Board and were not present at the hearing held on January 20, 2011; 7510 N. Adaptic Avenue • Fosr Offrm Box 326 c Cape Canaveral, FL 32920-0326 Telephone: (321) 8684222 • Fax: (321) 868-1247 w myf orida.mmlmpe • cmail: =pc=mral@cfl.rcmm Case #10-00150 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 30-27(axb), Alarm Permit Required; Section 30-30(d), Response to Alarm Activation, of the City Code; 5. That said violations exist or existed 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, IT IS HEREBY ORDERED: 1. The Respondent is given 15 days from receipt of this Order to pay a reduced fine In the amount of five hundred seventy-three dollars and seventy-five cents ($573.75), as offered; and additionally shall either disconnect the alarm or repair the alarm and obtain an alarm permit; 2. If the Respondent falls to pay the fine offered above within the time period set forth herein, the fine in the total amount shall be entered immediately in the amount of two thousand one hundred and eighty-eight dollars and seventy-five cents ($2,188.75), including all costs authorized by law related to the violation; 3. 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 serve as a lien against the Property and any other real or personal property owned by the Respondent. 4. Any and all future recumence(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 fording 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 I 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 Responder's property, in accordance with Section 182.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of January, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA � h i Case 410-00150 Copies furnished to: 770 Acres, Go Bill P. Willis, R.A. City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this 2v day of Sin uaI •( , 2011. Jof,Combardi, Board Secretary LLZ-(d!�-Duree Alexa der, Cod Enforcement fficer