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HomeMy WebLinkAboutCEB Agenda Pkt. 3-19-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA March 19, 2015 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: April 23, 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 COMPLIANCE HEARINGS: 2. Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 34-96(d); Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (350 Monroe Ave.) — Antonio Romano, Property Owner. Code Enforcement Board Much 19, 2015 3. Case No. 14-00058 — Violation of Section 105.1, Required Permit(s); Section 110.1 General Inspection(s); of the Florida Building Code as Adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; IPMC 302.1, Sanitation; IPMC 303.1, General; IPMC 304.1, General, IPMC 502.1, Dwelling Units; IPMC 504.1, General; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (109 Pierce Ave.) — Bowen & Bernier Investments, LLC, c/o Walker Bagwell Properties, LTD, Property Owner. PUBLIC HEARINGS: N/A OLD BUSINESS: N/A Pursuant to Section 286.0105, F.S., the City hereby advises the public that If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should conract the Building Department (321)868-1222 48 hours in advance of are 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 Kimberly Kopp Assistant City Attorney Todd Morley Economic Development Director Durce 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 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 1. 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. Section 34-98(6) Building Appearance and Maintenance: Section 78-27 Connection with Sewer Required: Section 78-128. Change of Use Section 110-292 Principal Uses and Structures: Section 110-296. Area and Dimension: Section 110-468 Accessory Structure Section 110-491. Number of Spaces Reouire& Section 110-551(a)(2)(b)Location of _Recreational Vehicles: and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City of Cane Canaveral Code of Ordinances. (350 Monroe Ave) — Antonio Romano Property Owner. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the 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 (7t) Amended Board Order, imposing penalty on First Violation, and be given until 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. 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 Cane Canaveral Code of Ordinances. (8501 Astronaut Blvd.) — Elpidasmar Management LLC. c/o Pantelis Markogiannakis, Property Owner: Saieon Restaurant. LLC, c/o Hai T. Tran, Business Owner. 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 1 & 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. 4. 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. 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 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 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 Staff's 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 first day and seventy-five dollars ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer. Vote on the motion carried unanimously. 5. Case No. 14-00076 — Violation of Section 34-97. Duties and Resnonsibilities for Owner. Code Enforcement Officer Brain Palmer reported that this property was in compliance and requested that it be removed from the Agenda. 6. Case No 14-00058 — Violation of Section 105 .1, Required Pcrmit(s)� Section 110.1 General Insoection(s): of the Florida Building Code as Adopted by Section 82-31 of the City of Cane Canaveral Code of Ordinances: IPMC 302.1, Sanitation; IPMC 303.1, General: IPMC 304.1, General, IPMC 502 1. Dwelling Units: IPMC 504 1. GenemP of Code Enforcement Officer Duree 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) per 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 Staffs 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. Case No. 14-00083 — Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer tesfified that the violation is for loud noise; dogs barking. The owners were not present at the meeting. 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. Mars, 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 Mr. Mars to adjourn the meeting at 6:53 p.m. Approved on this _day of , 2015. Raymond Viens, Vice Chairperson sa Donn }; Buazd S retary Patsy Huffman, Senor Se (Typed Minutes) City of Cape Canaveral Community Development NOTICE OF COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00003 A Florida Municipal Corporation, DATE: 3/3/15 Complainant, V. Respondent(s): Antonio Romano Location of the Violation: 350 Monroe Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00021.0-0014.00 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 19, 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 8th Amended Order Imposing Penalty on First Violation (Amended as to Additional Time) 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 Respondem(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. Dt}TED this 3rd dgy of March, 2015 Dome 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.citvofcanecanaveral.ora a -mail: info citvofcapecanaveral.org City of Cape Canaveral Community Development CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00003 A Florida municipal corporation, Complainant, Antonio Romano Owner of the Property located at: 350 Monroe Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOTS 14,15 BLK 21 PLAT BOOK 0003 PAGE 0007 PARCEL ID: 2437 -23 -CG 21.M014.00 Respondent, 8th AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on June 21, 2012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on 350 Monroe Avenue, 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 Fact and Conclusions of Law incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110 - 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: i_nfa(a,citvofcanecanaveral.org 296, Area and Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required; Section 78- 128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2xb), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 20, 2012. 7. Respondent had representation present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. 8. Respondent had representation present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 21, 2013. 9. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 17, 2014. 10. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 19, 2014. 11. 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. 12. 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. 13. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 22, 2015. 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 a -mail: infoacitvofcanecanaveral.ore BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until March 18. 2015 to comply or the fine as set forth in the Board Order be imposed until such time as Compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of January 22, 46116i CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Tens, Vi e- hal on Copies furnished to: Antonio Romano, Property Owner City of Cape Canaveral, Case File 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: infoi7.citvofcapecanaveral.ore City of Cape Canaveral Community & Economic Development ICE OF COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2014-00058 A Florida Municipal Corporation, DATE: 3/3/15 Complainant, V. Respondent(s): Bowen & Bernier Investments, LLC C/O Walker Bagwell Properties, LTD Location of the Violation: 109 Pierce Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00061.0-0004.00 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 19, 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 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. 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.org e-mail: infoocitvofcapecanaveral.ore Notice of Hearing 3/19/15 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. TED this 3r day of Mazch, 2015 Duree Alexander, Codenforoement 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 w .citvofcanecanaveral.ore e-mail: info cityofcanecanaveral.ore City of Cape Canaveral Community Development CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #14-00058 A Florida municipal corporation, Complainant, N Bowen & Barrier Investments, LLC Owner of the Property located at: 109 Pierce Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA SLK 61 PLAT SK 0003, PG 0007 PARCEL ID: 24 -37 -23 -CG -00061.0-0004.00 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on January 22, 2015, 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 and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are 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. Case No. 1400058 — Violation of Section 105.1, Required Permit(s); Section 110.1 General Inspection(s); of the Florida Building Code as Adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; IPMC 302.1, Sanitation; IPMC 303.1, General; IPMC 304.1, General, IPMC 502.1, Dwelling Units; IPMC 504.1, General; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (109 Pierce Ave.) — Bowen & Bernier Investments, LLC, c/o Walker Bagwell Properties, LTD, Property Owner. Case #2014-00058 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided Notice of Hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Violation of Section 105.1, Required Permit(s); Section 110.1 General Inspection(s); of the Florida Building Code as Adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; IPMC 302.1, Sanitation; IPMC 303.1, General; IPMC 304.1, General, IPMC 502.1, Dwelling Units; IPMC 504.1, General; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (109 Pierce Ave.) — Bowen & Bernier Investments, LLC, c/o Walker Bagwell Properties, LTD, Property Owner. 5. That said violation(s) exist(s) or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until February 18, 2015, 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 ($100.00) 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. 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.org e-mail: infona,citvofeaoecanaveral.ore Case #2014-00058 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 22nd day of January, 2015. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Ra ens, Vice -Chairperson Copies furnished to: Bowen & Bernier Investments, LLC City of Cape Canaveral, Case File ESO Property Management c/o Giuseppe Conoscenti 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.cityofcanecanaveral.or__ __g e-mail: info(ilcitvofcapecanaveral.ore