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HomeMy WebLinkAboutCEB Agenda Pkt. 8-20-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA August 20, 2015 6:00 PM WA, 0 1 a 0XII, 11-91411, Establish Next Meeting Date: September 17, 2015 I. Approval of Meeting Minutes: January 22, 2015 2. Approval of Meeting Minutes: June 18, 2015 I Case No. 15-11 - Violation of Section 34-94 (b), Purpose; Section 34-96(a) (b) (d), Standards Established; Section 34-97 (a) (1) Duties and responsibilities for maintenance; of the City of Code of Ordinances, Violation of Section 301 General: Section 301.2 Responsibility; of The International Property Maintenance, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (246 Harbor Dr.) — Ernest F. Szapor, Property Owner. — In compliance. I . Case No. 15-13 — Violation of Section, 34-94, (b) Purpose; Section 34-96 (a) (b) (d) Standards established; Section 34-97 (a) (1) (2) (3) Duties and responsibilities for maintenance; Section 34-98 (4) (6) Building appearance and maintenance; Section 110-582 Swimming pool barriers; of City Code of Ordinances; Violation of Section 301 General; Section 301.2 Responsibility; Section 302 Exterior property areas; Section 302.1 Sanitation; Section 302.5 Rodent harborage; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (305 Surf Drive) — Gerhardt Schmitz, Property Owner. 2. Case No, 15-34 — Violation of Section 34-97, (1), (3), Duties and responsibilities for maintenance; of City Code of Ordinances; 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. August 20, 2015 Page 2 3. Case No. 15-22 — Violation of Section 70-70 Evidence of engaging: in business without paying tax or making reports; Section 70-72 Evidence of engaging in business; Section 110-467 Garage sales; of City of Cape Canaveral Code of Ordinances. ( Vacant Parol, N Atlantic Avenue) Legal: PART OF S 21OFT OF SWI/4 OF SWI/4 W OF OLD ST ROD 401 AS DESCE IN ORB 3609 PG 4534 — Franklin D Hardaway — "William Geiger Trustee(s). 1. Case No. 10-83 - Application for Satisfaction or Release of Code Enforcement Lien, (8200 Canaveral Blvd.) — Bank of America NA. 2. Case No. 1.0-150 - Application for Satisfaction or Release of Code Enforcement Lien, (7000- 7008 N Atlantic Ave.) — Mary M. Beasley, P.O. 3. Case No. 1.2-06 Request the Code Enforcement Board authorize the City Attorney to foreclose on the lien filed against the property known as 7521 Magnolia Avenue, Cape Canaveral, FL; pursuant to Florida Statute 162. 09, (3) - Adinistrative fines; costs of repair, liens. Lennie Cassanelli, P.G. Pursuant to Section 286.0105, O=.S., the City hereby advises the public that: If 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 hTelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (:321)86$-'1222 48 hours in advance of the 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 pin 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 puree 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 Get -man, 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 thiA 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 NEW BUSINESS: 1. Approval. of.Meetinp- Minutes: November 2.0, 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, Case No. 12-00003 -'Violation of Section 105.1, Permit Rgquired; Section 1.09.1, .Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cave Canaveral Code of Ordinances . ..... Section 34-96(d), Standards Established--, Section 34-98(6) Building. Appearance and Maintenance; Secti©n 78-27, Connection with Sewer Required Section 78-128, Change of 1Jse Section 110-292,_P ncipal Uses and Structures; Section 110-296 Area and Dimension Section 110-468, Accessou_y Structure Section 110-491 Number of_Spaces _Reqjji red-, Section 110-551(a)(2)(b), Location of Recreational Vehicles- and _Section .31.3-4.5j,Smoke Alarms of the Florida Fire Prevention Code as adopted by Section 38-26 of the City of Cape Canaveral Code of Ordinances, (350 Njonroq-Avc.) — 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 (7'h) 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 Staff s recommendation. Vote on the motion carried unanimously. 3. Case No. 14-00026 - Violation of Section 78-128, C jian?,q of Us Section 78-121, Established and Section 78-9 Fees of the Cit of Ca e Canaveral Code of Ordinances 8501 Astronaut Blvd} — Elpidasma L Management LLC c/oPantelis Markonaki�s Business gj� Owner. Code Enforcement Board Meeting Minutes January 22, 2015 Code Enforcement Officer puree 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. Offieer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Fourth (4t) 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 Staff's 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. Votcon the motion carried unanimously. 4. Case No. 14-00074 — Violation of Section 3496, Standards Established; Section 34-97, Duties and responsibilities for maintenance, of the City of LiCape Canaveral Code of Ordinances, 201 Chandler Street -- Oceanside Treasure LLC. Wells Jeffer R.A. ProMqy_Qwner. 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. ("ode 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 Responsibilities for Maintenance, Section 110-555, Pavinv_ of Vehicular Use Areas; Section 110-492, Location of Spaces, of the e Canaveral Code of Ordinances Vacant LotW. Central Blvd) —Port Hospitality Group, Inc., Baugher, Robert A. R.A., Property Owner. Code Enforcement Officer Brain Palmer reported that this property was in compliance and requested that it be removed from the Agenda. Case No. 14-00058 — Violation of Section 105.1, lie Permits )' Section 110.1 General Ins pection(s)-, of the Florida Building. -ode as Adopted by Section 82-_31-, of the City of Cave Canaveral Code of Ordinances' IPMC 302.1 Sanitation' _IPMC KII General°, IPMC 304.1, General, f The International Property Maintenance Code, as adopted b Section �82-221 �of the City of Cape Canaveral Code of Ordinances, (109 Pierce Ave.1 — Bowen & Bernier Investments, LLC, c/o Walker BawellPro vert i es._L!P.,Pro e:rt +C3wm, 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 ora 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 Staff s recommendation and find the Respondent in non-compliance and be given until February 18, 2015, to comply or be fined in the arnount 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. 7. Case No. 14-00083 —Violation of Section 34-153 5 Enumeration of rothibyted noises the City of Cape Canaveral Code of Ordinances, ­(23§ Canaveral Beach Blvd. Latherow, Charles A. 11 and Latherow, )eborah L. H/W. 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 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 Staff's 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. Motion by Mr. Hale and seconded by Mr. Mars to adjourn the meeting at 6:53 p.m. Approved on this —day of 12015, Raymond Viens, Vice Chairperson �-Usa'0 Donnell, Board Sc e ry Vu—ffman, Senior ecretar (Typed Minutes) Patsy 11 2A CITY OF CAPE CANAVERAL COTE 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, 2415, in the Cape Canaveral Public Library Meeting Room at 2111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:44 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 OTHERS PRESENT Kimberly Kopp Durce 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, 2415. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. COMPLIANCE HEARINGS: N/A PUBLIC HEARINGS: 1. Case No. 15-11 - Violation of Section 34-94 Pu ose 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. Sza por Property 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 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. 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 unposed. Vote on the motion carried unanimously, NEW BUSINESS: Staff presentation on establishing maximum amounts on fines as imposed by the Code Enforcement Board, Code Enforcement Officer Duree 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 hen 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 tirne 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 Susan O'Donnell, Board Secretary Duree Alexander; Code Enforcement Officer (Typed. Minutes) City of Cape Canaveral Community Development Department 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 Cade 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 Palk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 -Eg e-mail: q y.� Ciety of Cape Canaveral! Community & Economic Development Departatel 19, 4,NAVERAL Dration, .. Owners of the property located at: 305 SURF DR:, CAPE CANAVERAL 32920 PARCEL ID: 24-37-14-51-00007.0-0003.00 Respondent(s): SCHMITZ, GERHARDT CASE NO. 2015-13 Date: 3/10/2015 PURSUANT to Section 162,06, Florida Statutes, and Chapter 2 Article V1, 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 violati on(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/AR,E 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): 305 SURF DR, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: SCHMITZ, GERHARDT P 0 BOX 622 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 wT, e-mail: b.pa ri - �pcqanaveral,org i idr- 'u11 x u,r t -,,Ar n %—ni N iA v A Florida Municipal Corporation, Complainant, V. Respondents): SCHMITZ, GERHARDT oI„ Cape Canaveral Community Development Department Location of the Violation: 305 SURF DR, CAPE CANAVERAL 32920 CASE No. 2015-13 DATE: 08/10/2015 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 20, 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 V1, 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 BO' TO THE CIRCUITCOURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER 1`0 BE APPFALED. FURTHER, IF AN APPEAL IS FILED, 1 -1 -JE AGGRIEVED PARTY MAY NEED TO ENSURE T14AT A VFRBATrN4 RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this I Oth day of August, 2015 . . . ...... . ") 11 - 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 Page 2 2015-13 Our office received a complaint regarding the condition of your property. A site visit revealed the property in an unsanitary condition constituting a blighting and deteriorating influence on the neighborhood, 3. Description of Violation(s) at property: Section 34-94. (b) Purpose (b) Good community appearance is the product of orderly and harmonious relationships existing between manmade objects and nature. Appearance has a direct bearing on the economic value of property. When the appearance of public areas, business establishments and residential communities is good, business people, homeowners and industrial developers tend to have a strong confidence in the community. Poor appearance, congestion and lack of proper maintenance bring about blight, decay, decreased property values, loss of revenues and decreased community confidence. Section 34-96. (a), (b), (d) Standards established (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings nonetheless both require maintenance in order to retain a good appearance, (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), (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. Mailing Address., P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 —Fax (321) 8,68-1247 jv��.E(Lqpccan ay�er�Ll. �or ,, e-mail b -pal in eTfi) ci �t f c - _eean aver a]. oig Page 3 2015-13 (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. (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 34-98, (4), (6) Building appearance and maintenance (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards, (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. Section 82-221, - International Property Maintenance Code adopted. 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. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article, I.P.M.C. SECTION 301 GENERAL I.P,M.C. 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in Sections 305 and 306. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. SECTION 302 EXTERIOR PROPERTY AREAS Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 ww_'L - _Ci tygkc N2.ec an av eral e-mail. }�.Valnjer naveraLor _g mm mm TY.M.C. 302,1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. I.P.M.C. 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. S ecti on 110-582. - Swimming pool barriers. Swimming pool barriers shall be required pursuant to F.S. ch, 515, and the Florida Building Code, as adopted by chapter 82 of this code. 41. Recommendation (s) to correct the violation(s) described above: 0 Remove all trash and (M�ris 0 Maintain all exterior property areas in accordance with City Ordinancm Failure to comply within fifteen (1.5) 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.0, Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 )rg e-mail: b.pc, 1C'( s �,.)fica ccanaveral.( urg of Cape Canaveral Community Development Department X7A'%)'Ur3 A ­_ I A. a '_/-L '­rXi LL A Florida Municipal Corporation, Complainant, V. Respondent(s), Palms East of Cape Canaveral, LLC CIO Jeffery W. Wells, R. A. Location of the Violation: 211 Caroline Street, Unit B-8, Cape Canaveral, FL 32920 PI: 24-37-14-00-00502,0-0000.00 CASE No. 2015-34 Date. 8/10/15 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on, August 20, 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 V1, 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, 0. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 ✓YnLcilyo.&�. Li. .ytj'al.org e-mail: info ci qrcanaveral.org Notice of Hearing 8/20/15 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, DATED this I Oth day of August, 2015 Duree Alexander, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 11 O Polk Avenue Cape Canaveral, Fl., 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 �yyLV'L'ci ecqnavg.ral.prg e-mail: -9 tya _R c? '�! City of Cape Canaveral Community Development NOTICE OF VIOLATION NAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 211 Caroline Street, Unit B-8, Cape Canaveral. -FL aV Pl- 24-37-14-00-00502.0-0000.00 Respondent(s): Palms East of Cape Canaveral, LLC CIO Jeffery W. Wells, R. A. CASE NO. 2015-34 Date: 6/12/15 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article V1, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violatiOD(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 ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property wbere violation(s) exist(s)i: 211 Caroline Street, Unit B-8, Cape Canaveral, Fl, 329 PL 24-37-14-00-00502.0-000 00 I Mailing Address: P,O. Box 326 Physical Address: 1.10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 -- Fax (321) 868-1247 e-mail: 1L,,Po eu �a rg Notice of Violation Case No. 2015-34 Page 2 2. Name and address of owner(s) of property where viola flon(s) exist: Palms East of Cape Canaveral, LLC CIO 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 Violation(s) at property: Section 82-221, International Property 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. Cit of Cape 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 form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, I'd 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 vrww-city e-mail: 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 violation(s) described above; )P Repair all plumbing leaks and water problems as soon as possible; Scrub mold off hard surfaces with detergent and water and let dry completely. 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. 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 farther 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, ext. 13. Duree Alexander Code Enforcement Of Mailing Address: P.O, Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 -mail: 13lf6(_CJ�ypf Ciety of Cape Canaveral Community Development Department Fill w_.VwUfa m I ,orporation, Complainant, V. Respondent(s); Franklin D Hardaway & William Geiger, Trustees Location of the Violation: CASE No. 2015-00022 DATE: 8/10/15 Vacant Parcel West of N Atlantic Avenue, Tax ID: 2444228, Part of S 210 FT of SW 1/4 of SW 1/4 of Old State Rd 401 As Dese. In ORB 3609 PG 4534; PI 24-37-14-00-00548.0-0000.00 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 20, 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 heating regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing, The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL .ADMINISTRATIVE ORDER OF THE. CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENER-Al, 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 10th day of August 10, 2015 1 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 e-maiL LijjQ6caii ay i-a],g ai ty L -e City OfCape Canaveral Community Development NAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: CASE 0. 2015-22 Date: 4-28-15 Vacant Parcel West of N Atlantic Avenue, Tax ID: 2444228, Part of S 210 FT of SW V4 of SW '/4of Old State Rd 401 As Dese. In ORB 3609 PG 4534 Respondent(s): Franklin D Hardaway & William Geiger, Trustees PI 24-37-14-00-00548,0-0000.00 PURSUANT to, Section 162,06, Florida Statutes, and Chapter 2 Article V1, 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 (I5) 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(s): Vacant Parcel West of N Atlantic Avenue, Tax ID: 2444228, Part of S 210 FT of SW 1/4 of SW V4of Old State Rd 401 As Desc In ORB 3609 PG 4534 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 329,20-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 -mail: info cit fci�, iv e S!q!j,_L �g , g Notice of Violation Case No, 2015-22 Page 2 2. Name and address of owner(s) of property where violation(s) exist: Franklin D Hardaway & William Geiger Trustees P.O. Box 320325 Cocoa Beach, Florida 32931 Staff has received a compliant regarding the operation of a business from your vacant land. A site inspection revealed an individual has erected a temporary structure and is selling trees and plants without the required Business Tax Receipt. Signage has been erected to advertise the plants and trees for sell, This individual is also having yard sales from this property which is not ,allowed. 3. Description of Violation(s) at property: Section 70-71, Evidence of En2aging in Business without Paying Tax or Making, Re orts, It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of business, occupations or professions specifically enumerated in this article without paying the local business tax required by this article in the manner provided in this article or to fail to make any reports to the business license official as required or to violate any other section of this article. Section 70-72, Evidence of Engaging In Business. The advertisement of any business, profession or occupation, by sign, newspaper, magazine, flyers, yellow pages or any other means shall be conclusive evidence of the engaging in and carrying on in the City of the business. Section .1 10-467, Cara gLSales. The noncommercial sale of privately owned items at retail ftom residential remises commonly known as a garage sale or yard sale, shall comply with the following: 1. Hours of sale shall be restricted to daylight hours. 2. The sale may continue for two periods of not more than three consecutive days each. The Two periods of sale shall be separated by a minimum of four nonsale days, and the total sale days shall be completed within 15 consecutive calendar days, 3. Yards shall be cleared of salable items on all nonsale days. 4, Subsequent garage sales conducted on the same premises by the same household are permitted 180 days after the close of the preceding sale. 5. A sign specifying a garage or yard sale may be displayed on the premises of the sale on sale days only. Such sign shall not exceed four square feet in size. 6. The person in charge of the sale shall ensure that automotive vehicles of potential or actual customers do not interfere with pedestrian or vehicular traffic in the vicinity. 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 'cit�qof gj.qjj., e-mail: info C yp-fca17 catsv ae i a I . or_2, Notice of Violation Case No, 2015-22 Page 3 4. Recommendation(s) to correct the violation(s) described above: • You must obtain a Business Tax Receipt to operate any business with in the City of Cape Canaveral. • Cease and desist all yard sales from this location. It is vacant land and does not have a residential structure on the property, therefore, no yard sales may take place. Failure to comply within fifteen (1 5) 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 C)fficer at the City of Cape Canaveral, (321) 868-1222, ext. 13. puree Alexander Code Enforcement Officer Mailing Address: P,O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, Ff., 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 WIA/ W C i t V ) fi� il.� i i fc) g�.1g4velallorg e-mail )ci y I V — ......... .. ---. @ -t- Bank of America NA 2830 Cochran Street Simi Vailey, CA 93065 CASE NO: 2012-00083 City of Cape Canaveral Community Development Department NOTICE OF COMPLIANCE LOCATION OF VIOLATION: 8200 Canaveral Blvd, Unit D-2 Cape Canaveral, FL 32920 P 124-3?- 14-51-00003.0-004.00 RESPONDENT(S)„ Bank of America -NA Your propcily was found in co.mpliance on June 25, 2015. by meeting, the requirements of the Notice of Violation, DESCRIPTION OF VIOLATION: Section 82-221 , Internmicnal Property Maintenance Codc Adopted (16'\1Q IPMCSection 303. 1, Genera.[. IPMC Section 301.4, Structural Members, [PMC Section 3016. Exterior W,'&, IPMW 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 mc at (32 1) 868-1222 ext, 13. Sincerely, Code Enforcement Officer cc: Branarn James Construction Tina Adarnsom Real Living NTLI ter Real Estate Mailing Address. P.O, Box 326 Physicai Address: I 10 Polk Avenuc Cape Canaveral, Fl- 32920-0326 Telcphom 868-1222 — Fax (321) 868-1247 CFN 2012259539, OR BK 6765 Page 2511, Recorded 12/27/2012 at 08:55 AM, Mitch Needelman, Clerk of Courts, Brevard County cot f X 7e a Y ape anV =�ral Building Department/Code Enforcement THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, Case #12-06083 V. John M. & Carol A Norton Owner of the Property located at: 8200 Canaveral Blvd., Unit 2D Cape Canaveral, FL 32920 LEGAL: CAPE CANAVERAL BEACH GDNS UNIT 2 PT OF LOT 4 SLK 3 AS DES IN ORB 2543 PG 1308 PLAT BOOK' 0017 PAGE 0081 Respondents, THIS CAUSE having come on for consideration, after being duly:6oticed, 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 6rdinances 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 Nity Co'8e")and consistent with sections 1,62.06 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 (19918 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 'solation; that the Respondonts were provided notice of hearing before the Code Enforcement Board and were not present ai the hearing; I 7510 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 -lax (321) 868-1247 www.cltylpjc�ecan4yegjlorg e-mail: j-nfh(-u),cit,�,ofc _1_iAAOftcc�nav�ral.Eg Description: Brevard,FZ :Document - Book,Page 6765,2511 Page., I of 2 Ordex, KV Comment OR BK 6765 PG 2512 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. U on such p 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 6� ceifified 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 viofation(s) and that the Code Enforcement Board, upon finding such repeat vioWion(s) exist(s);hafl impose a fine not to exceed Five Hundred Dollars ($500,00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violatio,n(s) on Respondent's property, in accordance with Section 162,09, Florida Statutes' and City of Cape Canaveral Code, Chapter 2, Article VI. r DONE AND ORDERED at Cape Canaveral, Florida, this 11th day of December, 201,2, CODE ENFORCEMENT BOARD OFTHE C" OF CAPE CANAVERAL, FLORIDA Mary Rus 4,,Chairperson t. S M OF ROOM Copies furnished to. John M. & Carol A Dorton' % OF 0" C"Wam City of Cape Canaveral' Cate. file -di copy Zan 0 date"I my at' Descript-ion: Rrovard,FZ Document B Order: KV Convuent: CODE ENFORCEMENT CASE# 2012-00083 - APPLICATION FEE:$ 100.00 APLICANT: Bank of Amprira-NA— DATE:_­j��.. ADDRESS: _B2DB_C,-MavejaLBjwd_Unit _D__ CITY: Cape Capayeral STATE: FL zlp: 3292Q EMAIL, tuRaadaRisoR4yeuFheFAe@gFRai�—�. PHONE:_121-269-985-5 NATURE OFVIOLATION(s): TPMC Section 303.1, 303.4, 303.6 & 303.7 -General,—Structiiral Members, Exterior Walls, .Roof & Drainage. ADDRESS OF SUBJECT PROPERTY: 8200 Canaveral Blvd, Unit D-2 PARCELID: 24-37-14-51-0003.0-0104. 06 DATE FINE/LIEN FILED: 12/11/12 , AMOUNT(Total): $75, 950 as of 1/7/15 COMPLIANCEDATE: 6/25/15 RELIEF REQUESTED.:] SATISFACTION /0 REDUCTION IF REDUCTION, THE APPLICANT PROPOSES $ 5,0()Q AS THE AMOUNT OF THE REDUCED FINE, THE FACTUAL BASIS UPONWHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is 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) This is-banowned the preservation coml2any which hires contractors who are not familiar with the City of Cape Canavera9 reqi&gmgnts. 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 REDUCFIQN.-011 SATISFACTION OF PENALTY OR FINE, (Ifpre spape is needed add more pages) Mailing Address: P.O. Box 326 Physical Addre�s: I I 0.1�61,k Avenue= Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 fc a qc. i i c ra I o rkl e - nn a i 1: i n fo L(� qiTLv(�fjgj112 L�r�it 0 T( Zt y RSILCRIFALIJ DATE STATE OF COUNTY OF BEFORE ME the undersigned authoritydidpersonally appear who provided ' M I as identification, and 'w o taftN�eing placed u er oath, swore or affirmed the information contained within this application is true and correct, GERRY M CHEC NotarY Pubflc 2" STATE MOFTEXAS 'Notary P: I ic My Comm. Exp, q&-3115 FOR STAFF USE ONLY APPLICATION RECEIVED BY CITY ON COMPLIANCE CONFIRMED ON CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON CODE ENFORCEMENT RECOMMENDATdON ATTACHED: EIYES ONO ACTION OF CITY COUNCIL: DAPPROVE; F]DENY; EAPPROVE WITH THE FOLLOWING COND7IONS: 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 1'elepbonc (321) 868-1222 — Fax (321.) 868-1247 e-tnail, in Qci�,y fo q(�.qj).ec-anqvcral.nrV .. ........ --- City of Cape Canaveral Community Development Department APPLICANT PROCEDURES FOR APPLYING FOR A UQLT-,ST FOR RFDUCTION OR SNI'ISFACTION OF A CODE FNFORCUMENT LTFN Where a certified copy of an Order imposing a penalty or fine, as described inF.S, Ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property, a request for the satisfaction or release of the lien may be submitted in wilrinlg on the application form provided by the City of Cape Canaveral, once the property has been found in compliance. The following procedures apply to any person applying for a satisfaction or release of the Code Enforcement Board lien. I . The application must be submitted at least ten (10) days prior to the next available Code Enforcernem Board Meeting. on the application provided by the City, 2, A one-time application fee of $1 00m must be paid at the time the application is submitted to Staff, T -U -s —fee i-�-jjon-Lqfundable, ,vitho-ut 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 die property 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 Hearing and a. Code Enforcement officer will notify you of the location, date, and time of the sclicduled Hearing, Staff �,, ��tron Pleaseinitial * s- on recommends that you or 4 5, The request will be presented to the Code Enforcement Board and the Board 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 apprm a], approval with conditions, or denial of the appticatiom 6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the next available City Council meethig date, which is usually the following month. 7, The Code Enforcement Board Secretary will contact the applicant with the location, date and tine of the next available City Council Meeting. This information is also available on the City of Cape Canaveral's on line calendar at www,cityq -11-is-A-ro-1-191 �rccom�nieqded that you be reseaat at dais he ri rc arose o-ur re oast f at tlae satisfaction or ease 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 released u :1 -pay-7m--e�nn-rte , f the � or penalty imposed, Signature of plicant. Date, Mailing Address: P-0, Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 -- Fax (321) 868-1247 i,-�ww.cityo f_c canivTalg.. e-mail: jqfcityape Ap,q- _, _@Lpfc _ __ _ C 0 ity of Cape Canaveral Community Development Department I APPLICANT PROCEDURES FOR APPLYU-4G FOR A REQUEST REDUCTION OR SATISFACTION OF A CODE ENFORCEMENT LIEN of an Order imposing a penalty or fine, as described in F.S. C1 1625 has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property, 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, once the property has been found in compliance. The following Procedures apply to any person applying for a satisfaction or release of the Code Enforcement Board lien. 1, The application must be submitted at least ten (1 0) 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 individuals) to represent the property 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 I -fearing and a Code Enforcement Officer will notify you of the location., date, and time of the scheduled Hearing. Staff strongly recommends that you or a re r�entative is resent at the barrio Please initial here: 7 5. The request will be presented to the Code Enforcement Roarlan �the Board 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. T 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 ve r . g ul.Lon.p ,(, ? Canaveral's on y, line calendar at v,,y1,cif.yq L It is strop l recommended that oar be resent at this barrio to re resent our re oast for the satisfaction T 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 released upon full payment of the fine or penalty imposed. Signature of Applicant: CLU;1,a. Date: Mailing Address: P.O. Box 326 Physical Address- 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 —Fax (321) 868-1247 CVFY OF CA,,r CAkAVCRAL Uity of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE# rN 1�" ( _-) , APPLICATION FEE: 100.00 APPLICANT. DATE:. Zz ADDRESS: CITY: STATE: ZIP: 3a ac EMAIL:— ALP PHONE: -� > NATURE OFVIOLATION(S). ADDRESS OF SUBJECT PROPERTY: PARCEL ID: i'llq - 'Al I - ell-� __ 6, (,- DATE FINE/LIEN FILED: AMOUNT (Total): COMPLIANCE DATE:— [q f� RELIEF REQUESTED: El SATISFACTION / ®REDUCTION 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 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) 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) Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 ww._Cityof anavcral,oa ,g e-mail: ijLf-ij(,�)-jjyq ccanaveial.otz 63M STATE OF COUNTY OF A BEFORE ME theudder d ��g n e authority did personally appear who provided as identification, and who being placed and oath, swore or affirmed the information contained within this application is true and correct. PATRGE C. HUFFMM SSI . F 1 MYRE& =Nov! MFF 17M Notary Public MY COWSSION E EXP XPRE& Novembet 23,2018 Nwy P Bond &dMm Notay Pubk LWwwrKers FOR STAFF USE ONLY 1111,11"FRIMIMIXW0 WA! ACTlON OF CITYCOUNCIL: EIAPPROVE; ODENY; EIAPPROVE WITH THE FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION - Mailing Address: P.O. Box 326 Physical Address: 11 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 K I �W_ C i t 1_0 e-mail: infocqqqverql,..qrg 'r" a k, I ity of Cape Canaver4 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #10-0 0 150 A Florida municipal corporation, Complainant, VA 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 32920 LEGAL AVON BY THE SEA LOTS 9,10&W V2 OF LOT 11 BLK65 PS 3 PG Respondents, CFN 2011019894. OR BK 6326 PAGE 2818, Recorded 02103r2o1i at 07:57 APS, Mitch Need'Ir", clerk of courts, Brevard County # PgS3 TH'IS CAUSE having come on: for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florid:a, on January 20, 2011 to determine whether any violations of the City of Cape Canaveral Co,de 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. 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 30-27(a)(b), Alarm Permit Required-, Section 30-30(d), Response to Alarm 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 iEnforcement Board and were not present at the hearing: held on January 210, 2011; 7510 N. Atlantic Avenue 9 Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 o Fax: (321) 868-1247 www.myflorida.com/cape - ernail.- ccapecanaveral@cfl.rr.com Case #1®-00150 4. That based on the, testimony and evidence presented,' Respondents have violated the City Code, to wit: Section 30-27(a)(b), 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 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 vioilation(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 Despondent(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 20th day of January, 20111. [oil Case #10-00150 Copies furnished to: 770 Acres, cto 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 Zc- day of 34o t - , 2011. Jo�',Combardl, Board -Secretary ' MVan" .'s, rm.. Map, 041116.1 r4wif M. M- 3 Me I-Vally +_aNNilllvlii P.O. Box 592468 Orlando, FL 32859 %City of Cape Canaveral Community Development Department June 22, 2015 Re: 7521 Magnolia Avenue, Cape Canaveral, Florida 32920 Dear Mr. Cassanelli, This letter is intended to review the history regarding your property at 7521 Magnolia Avenue, and once again to reiterate the prior directive given by the City to bring the property into compliance with applicable fire and building codes. To date, you have not complied with this directive. As you know, the subject property was issued a first Notice of Violation of City Code in February, 2012. Since that time, staff has met with you on multiple occasions in an attempt to, explain to you the steps that are required for you to bring your property in compliance. The previous Building Official and the Fire Marshall have inspected the subject property several times in the past, and have informed you on multiple occasions that the building renovations at 7521 Magnolia Avenue require Level 3 alterations pursuant to the Florida Building Code. As you are aware, the structure at 7521 Magnolia Avenue was extensively damaged in 2011 by water leaking into the building via the damaged roof. You requested a pen -nit to fix the roof to help stop the water leakage that was occurring during times of rain. Due to the damage to the roof and second floor area, the entire roof and all supporting structural components were replaced. At some point during the renovations of the damaged areas, you elected to completely gut the entire structure. In other words, all dry wall, all interior non -load bearing walls and fire walls, all plumbing fixtures, numerous electrical wiring, cabinets, air conditioning, and flooring were removed from the structure. In this case, reconstruction will be required throughout the entire building per the Florida building and fire codes. Furthermore, the City has repeatedly advised you that Section 405 of the 2010 Florida Building Code Existing Building provides that Level 3 alterations are required where the work area exceeds 50 percent of the aggregate area of the building made within any 12 -month period, On the other hand, 1,evel 2 alterations would include the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment. Based on staff's multiple inspections of the subject property, the interior of the building has been gutted and requires reconstruction 7510 N Atlantic Avenue — P.C. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1205 — Fax (321) 868-1247 http://www.cityofcapecanaveral.org Cassanelli Ltr. June 22, 2015 Page 2 oft to include, but not be limited to, non -loading bearing and fire walls, plumbing fixtures, numerous electrical wiring, cabinets, and flooring. As the work is required throughout the entire building, the work area clearly exceeds 5�0 percent of the area of the building. Consistent with the Florida Building Code, The NFPA 101, Florida Life Safety Code, 2010 Edition, provides that "where the total area of all the rehabilitation work areas included in a modification exceeds 50 percent of the area of the building, the work shall be considered as a reconstruction." Various provisions of the Life Safety Code become applicable when the work is considered to be a "reconstruction," Staff has requested on multiple occasions that you submit to the City's building official a complete set of construction plans for the required reconstruction in order that the City may review and determine whether you have net the requirements of applicable fire and building codes for Level 3 alterations, A copy of the City's code enforcement file, as well as the August 1, 2013 document that was previously sent to your contractor, Todd Knapp, by the City's former building official are attached. These documents provide further detail as to the reconstruction work that will be required in order for you to bring this building in compliance. In an effort to work with you, the City will not pursue additional code enforcement action against you for a thirty (30) day period. Please be advised that if you do not submit the required construction plans within thirty (30) days, the City may take additional action to the extent pennitted by law. Sincerely,„„ David Dickey Community Development Director cc: Michael German, Building Official Kimberly Kopp, Esq. Scott Widerman, Esq. John Cunningham, Fire Marshall 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1205 — Fax (321) 868-1247 http://www.cityofcapecanaveral,org City of Cape Canaveral Community & Economic Development Department THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, Case #12-00006 CFN 2013149539, OR BK 6917' PAGE 110, V. Recorded 07/05/2013 at 03:55 PM, Scott Effi,-, Derk of Court,-, Brevard County Lenny Cassanelli # Pgs 3 Owner of the Property located' at': 7521 Magnolia Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 15 EX N 50FT & LOT 16 EX N 50 FT BLK 43 PLAT BOOK 0003 PAGE 0007 4 1h AMENDED ORDER IMPPENALTY 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 May 17, 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. 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 301 .3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking Surfaces, Section 303.14, Window, Skylight and Door Frames; Section 303.16, Doors; Section 30'4.3, Interior Surfaces, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building Abatement Code (1985 Edition), exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N Atlantic Avenue - P.0). Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 it e-mail: info it ofc-q? c sveral Case #12-00006 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 301 .3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303,10, Stair and Walking Surfaces; Section 303,14, Window, Skylight and Door Frames; Section 303.16, Doors; Section 304.3, Interior Surfaces, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301 . 1, General, of the Standard Unsafe Building Abatement Code (1985 Edition); 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 21, 2012. 7. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 20, 2012. 8. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. 9. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 18, 2013. 10. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on May 23, 2013. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until Mg y 23, 2013 to correct any violation of the City Code on the Property; with the condition that the Respondent obtain an evaluation from a registered design professional, secure all openings of the building and paint; and! 2, If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer, Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Case #12-00006 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 recurrences) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondents) 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 23rd day of May, 2013. L41 I WK01 WWI 9:94GAI 0 MAN a ZZ -All M 2 IME91 Z41 ME Mary Ru5sell, Chairperson Copies furnished to: Lenny Cassanelli City of Cape,.Canaveral, Case File db hadW CQr* this of on* M*W" V"ft 1W CM C44�:I� 30, "',-photocopy "f ch""Wd""040" BY MY MW &W do ~ NO of dw City all com"M so *a d" of chy Oak W 0"My