HomeMy WebLinkAboutCEB Agenda Pkt. 6-18-2015CITY OF CAPE CANAVERAL
CODE ENFORCEMENT MEETING
Library Meeting Room.
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
.Tune 18, 2015
6:00 PM
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Establish Next Meeting Tate July 23, 2015.
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Any meinber of the public may address any sterns 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.
COMPLIANCE HEARINGS: N/A
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1. Case No. 15-11 - 'Violation of Section 34-94, Purpose; Section 34-96, Standards
Established; Section 34-97, Duties and. Responsibilities, Section. 82-221, international
Property Maintenance Code Adopted, of the City of Cape Canaveral Code of Ordinances,
(246 Harbor Dr.) — Ernest F. Szapor, Property Owner.
NEW BUSINESS: Staff presentation on establishing maximum amounts on fines as imposed by
the Code Enforcement Board,.
GLIA 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 ward 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, Ahich 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 inadrnissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting, The facility is accessible
to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building
Department (321)868-1222 48 hours in advance of the meeting.
City
of Cape
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Community & Economic Development Departmel
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,oration,
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Owners of the property located at:
246 HARBOR DR, CAPE CANAVERAL 32920
PARCEL IIS: 24-37.14-25-00000,0-0058.00
Respondent(s)
SZAPOR, ERNEST F
CASE NO.20115-II
Date: 3/6/2015
PURSUANT to Section 162.06, Florida. Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice
of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the
violation(s) described below is/are to be voluntarily performed within fifteen (15) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or
the violation(s) recur(s) even if the violation(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) MIDST IMMEDIATELY NOTIFY THE
CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
1. Property
HARBOR246 DR, CAPE CANAVERAL
. Name and address of owner(s) of property where violation(s) exist:
SZAPOR, ERNEST F
246 HARBOR DRIVE
CAPE CANAVERAL, FL 32920
Mailing Address: P.O. Box 326 Physical Address: 110 Polly Avenue
Cape Canaveral, FL 32920-0326
Telephone (32.1) 868-1222 — Fax (32.1) 868-1.247
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Page 2
2015-11
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 hearing 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 astrong 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 inaintained in good repair and shall be
capable of performing the function for which sucli 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) 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) 868-1247
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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,
f!escri, e a ove.,
Remove all trash and debris
0 Maintain all exterior property areas in accordance with City Ordinances
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further
action, as outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of
Cape Canaveral, (321) 868-1222,
Brian Palmer
Code Enforcement Officer
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 329'20-0326
Telephone (321) 868-1222 — Fax (321) 86,8-1247
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ity of Cape Canaveraj
Community Development Department I
THE CITY OF CAPE CANAVERAL CASE No. 2015-11
A Florida Municipal Corporation, DATE: 6/5/2015
Complainant,
V.
Respondent(s)-
SZAPOR, ERNEST F
Location of the Violation:
246 HARBOR DR, CAPE CANAVERAL 32920
Parcel ID: 24-37-14-25-00000.0-0058.00
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 18,
2015, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City ofCape 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 EXH1131T "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) wbich can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
110 Polk Ave — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
e-mail: fo(��"CiL)Lof�'
.... ........
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 5th day of June, 2015
Brian Palmer, Code Enforcement Officer
110 Polk Ave — P,O, Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
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