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HomeMy WebLinkAboutCEB Agenda Pkt. 10-22-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA October 22, 2015 6:00 PM "JI, Establish Next Meeting Date: November 19, 2015 HORIZON The Honorable Mayor Rocky Randels will present a Certificate of Appre6ation to Board member Lynn Mars. Ignal3j.1"'IN 1. Approval of Meeting Minutes� August 20, 2015 No compliance hearings for consideration at this meeting, wMam I � Case No. 15-34 - Violation of Section 34-97, (1), (3), Duties and Responsibilities for Maintenance; of City Codeof 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. 2. Case No. 20 15-51 - Violation of Section 105. 1, Permit Required; Section I 10. 1, Inspections General, of the Florida Building Code, as adopted by Section 82-3 1, of the City of Cape Canaveral Code of Ordinances, ( 240 Cberie Down Lane) — Wells Fargo Bank NA, C/O OCWEN Loan Servicing, LLC, R. A. Code Enforcement Board Agenda October 22, 2015 Page 2 ;1, % �j 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. — In compliance. 2. Case No. 15-22 — Violation of Section 70-70 Evidenceof 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 Parcel, N Atlantic Avenue) Legal: PART OF S 21OFT OF SWI/4 OF SWI/4 W OF OLD ST ROD 401 AS DESC IN ORB 3609 PG 4534 — Franklin D Hardaway — William Geiger Trustee(s). — In compliance. 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 Enfor=nent Board with respect to any rnatter considered at this ineeting, that person will need a record of the proce�edings, and for such put -pose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the rneeting. N CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES August 20, 2015 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 20, 2015, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:01 pm by Chairperson Mary Russell. The Board Secretary called the roll. 01120=131tffl�_ - �_Q I Mary Russell Raymond Viens Christopher Cloney Lynn Mars (Arrived at 6:12 pm) Walter P. Godfrey, Jr Ralph Lotspeich MEMBERS ABSENT James Hale OTHERS PRESENT Kimberly Kopp Duree Alexander Brian Palmer Michael German Cindy Gregson Chairperson Vice -Chairperson Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Board members established that the next meeting would be held on September 17, 2015. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. 1. Approval of Meeting Minutes: Januaa 22, 2015 2. Approval of Meetiag, Minutes: June 18.,2015 Motion by Mr. Viens, seconded by Mr, Cloney, to approve the meeting Minutes of January 22, 2015, and June 18, 2015 as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes August 20, 2015 Page 2 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. 1 . 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, ofCity 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) — Geth. ardt Sclimitz, Property Owner. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that in January of 2015 the city received a complaint regarding the condition of property located at 305 Surf Drive. A site visit was conducted and a door tag was left. On March 17, 2015 another site visit was conducted and the property was not in compliance, On April 14, 2015 the home owner Gerhardt Schmitz contacted staff requesting an extension to comply and at that time staff granted a 30 day extension. On May 14, 2015 a site visit was conducted and the property was once again determined to still be in violation. However, Staff observed that the property owner was making an attempt to comply. On June 3, 2015 a site visit was conducted and the property was still in violation. On August 10, 2015 the property was posted with an Order to Appear. During the Code Enforcement Board meeting Officer Palmer testified that the violation is for property maintenance. The property owner, Gerhardt Schmitz, was present at the meeting. Mr. Schmitz testified that he was concerned that he was not provided the notice of violation until April 2015. However, Mr, Schmitz further stated that he felt he had complied with Code Enforcement's requests, and believed he was in compliance. Board member Cloney questioned insect issues, which prompted Officer Palmer to state his concerns about the mosquito issue and. roach. harborage, which he believes are still issues for this property. Mr. Viens asked Officer Palmer if Mr, Schmitz was in compliance and Officer Palmer stated that Mr. Schmitz was not in full compliance at the present time, albeit improvements have been made. Board member �Cloney wants to see property owner Schmitz made aware of what is needed to bring him into full compliance. Code Enforcement Board Meeting Minutes August 20, 2015 Page 3 Based on the evidence and testimony presented at this hearing, Staff respectfully requested that the Code Enforcement Board find the respondent(s) in violation and the respondent be given until September 17, 2015 to come into compliance, or a fine be immediately imposed in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) for everyday thereafter until compliance is confirined by the code enforcement officer, and all costs associated with the enforcement of the violation imposed, Motion b�, Mr. Viens, seconded by Mr. Lotspeich, to accept Staff s recommendation and find the Respondent not in compliance, Vote on the motion carried with Mr. Cloney as the only dissenting vote. 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 3 04. 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 Officer Duree Alexander respectfully requested that this agenda item be tabled until the September 17, 2015 Code Enforcement Board Meeting. Motion by Mr. Godfrey, seconded by Mr. Cloney, to table Case No. 15-34 until the September 17, 2015 meeting. Vote on the motion carried unanimously. 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 110-4,67 Garage sales; of City of Cape Canaveral Code of Ordinances. ( Vacant Parcel, N Atlantic Avenue) Legal: PARTOF S 21OFTOF SWI/40F SW1/4WOFOLD STROD401 AS DESC IN ORB 3609 PG 4534 — Franklin D Hardaway — William Geiger Trustee(s). Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that on April 10, 2015 staff received a complaint regarding a vacant parcel of land owned by Franklin D. Hardaway - William Geiger Trustee. A site inspection was conducted at that time and Staff observed an individual selling plants and advertising garage sales on the property, The individual stated he was allowed to be on the property with the permission of the property owner. On April 28, 2015 a Notice of Violation was issued.. The property owner contacted Code Enforcement and stated that Mr. Hardaway had informed the individual that he could not continue to do business on the property. In July 2015 after receiving additional complaints informing staff that more items were being placed on the property, another site visit was conducted. The property was not in compliance. On August 10, 2015 an Order to Appear was issued. Officer Alexander testified that the violation was for engaging in business without paying the required business tax, Mr. Franklin D. Hardaway nor Mr. William Geiger, property owner(s) were in attendance at the meeting. Code Enforcement Board Meeting Minutes August 20, 2015 Page 4 Mr. Cloney questioned if the individual on the property is engaging in business by legal definition. Staff review the cited code section. There was discussion regarding the section citing garage sales. Assistant City Attorney Kimberly Kopp recommended that staff not refer to this type of sale as a C4garage sale", because it does not meet garage sale criteria, as it is a currently vacant parcel. Board member Godfrey stated there was a house on this property in the past. Officer Alexander will strike the wording "Garage Sale or Yard Sale" from the violation. She further explained that the property owner is ultimately responsible for his tenant and the activities that take place on his property. She stated the property owner should do whatever is necessary to remove the problem by stopping the sale(s) and cleaning up the property. Based on the evidence and testimony presented at this hearing, Staff respectfully requested that the Code Enforcement Board find the respondent(s) in violation and. give the respondent until September 16, 2015 to come into compliance, If compliance is not obtained, upon proper notification of a compliance hearing, a fine shall be imposed in the amount of one hundred dollars ($100.00) for the first day of non-compliance and seventy-five ($75.00) for everyday thereafter, until such time as compliance is confirmed by the code enforcement officer. All cost(s) associated with the enforcement of the violation shall apply, At this time Officer Alexander respectfully requested that the Board find the Respondent in violation. Motion by Mr. Godfrey, seconded by Mr, Cloney, to accept Staff" s recommendation and find the Respondent in non-compliance. Vote on the motion earned unanimously. 1. Case No. 10-83 - Application for Satisfaction or Release of Code Enforcement Lien, (8200 Canaveral Blvd.) — Bank of America NA, Code Enforcement Officer Durce Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that in November 2012 a Notice of Violation was issued for exterior property maintenance and an Order to Appear was issued, In December 2012 the case and supporting documents were presented to the Code Enforcernent Board and they found the respondent in violation, The Board Order was recorded as a lien against the property on December 27, 2012. The total lien arriount due is ninety-two thousand, eight hundred fifty dollars ($92,850.00), which has accrued from December 11, 201.2, until found in compliance on June 25, 2015. The current property value per the Brevard County Property Appraisers office is eighty- eight thousand two hundred ten dollars �($88,210.00). This property is now a bank owned property. Staff is recommending a payment of ten thousand dollars ($10,000) based on the current value of the property, and the length of time to bring the property into compliance. It was further indicated that this property had adversely affected the adjacent proper -ties. In April 20 14 Bank of America obtained possession of the property and assigned Tina Adamson to make contact with Staff and bring the property into compliance, Tina Adamson stated that once assigned to this property she took every measure to bring it into compliance as soon as possible. Chairperson Mary Russell thanked Adamson for her prompt attention to this property. Code Enforcement Board Meeting Minutes August 20, 2015 Page 5 Tina Adamson stated she would like to see the fine reduced to five thousand dollars ($5,000). She also stated that the property currently has a sale pending for seventy-nine thousand dollars ($79,000). Officer Alexander testified that the City wants to see these properties lived in and tries to work with property owners to obtain compliance. Mary Russell further stated that the fines imposed on properties such as this, where the owner works in good faith to bring them into compliance, should not be punitive. Based on the evidence and testimony presented at this hearing Staff respectfully requested that the Code Enforcement Board recommend to the City Council the reduction of Lien CFN 2012259539, as recorded by Brevard County Clerk of Court official Book 6765, Page 2511— filed against 8200 Canaveral Blvd, be reduced to ten thousand dollars (S 10.000.00). Motion to approve by Mr. Lotspeich, seconded by Mr. Godfrey, to accept Staff's recommendation for reduction of Code Enforcement Lien CFN 2012259539, as recorded by Brevard County Clerk of Court official Book 6765, Page 2511 — filed against 8200 Canaveral Blvd, to ten thousand dollars ($ 10.000,00). Vote on the motion carried with Mr. Cloney as the only dissenting vote, 2. Case No. 10,- 150 - Application for Satisfaction or Release of Code Enforcenient Lien, (7000- 7008 N Atlantic Ave.) — Mary M. Beasley, P.O. Code Enforcement Officer Durce Alexander provided an overview of the case history. Officer Alexander testified that the violation and fees charged were to cover the cost of continued false alainis; failure to return the Alarm Cause and Corrective Action form; nonpayment of accessed fees, and failure to obtain an alarm permit. Officer Alexander testified that Section 30�-31 establishes a False Alarm Code to help curb costly unnecessary responses by our Fire and Police Departments. The code provides that the first three (3) false alarins responded to in a calendar year will not be assessed a false alarm fee. The property owner Mary Beasley's son John Beasley was sworn in and spoke on behalf of his mother asking for a reduction in the amount of the lien. Mr. Beasley stated his mother is 84 years old and was unable to "deal" with this matter. Staff testified that at the compliance hearing Mrs. Beasley was offered the opportunity to settle this lien by paying a reduced amount of five hundred seventy-three dollars and seventy-five cents ($573.75). Mr. Beasley stated his mother probably received the notice and simply filed it away and "went to bed". Officer Alexander testified that the fees would not cover the costs associated with personnel responding to the numerous false alarnis. Based on the evidence and the testimony presented at this hearing, staff respectfully requested that the Code Enforcement Board recommend to City Council that lien CFN 2011019894, as recorded by the Brevard County Clerk of Court, Official book 6326, Page 2818— Filed against the property known as 7000-7008 N, Atlantic Avenue in the amount of two thousand. one hundred eighty-eight dollars and seventy-five cents ($2,188.75), not be reduced, and the respondent Mary Code Enforcement Board Meeting Minutes August 20, 2015 Page 6 M. Beasley be assessed the full value of the lien. There was discussion and the Board agreed that the lien should be reduced to one half the original amount. A motion was made to recommend the lien be reduced to one thousand ninety-four dollars and thirty-eight cents ($1,094.38) to, the City Council, Motion to approve by Mr. Lotspeich, seconded by Mr. Godfrey. Vote on the motion carried unanimously. 3. Case No. 12-06 - 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) - Administrative fines; costs of repair; liens. Lennie Cassanelli, P.O. Code Enforcement Officer Durce Alexander provided an overview of the Case history. Officer Alexander testified that the property currently has accrued a lien in the amount of eighty-two thousand one hundred fifty dollars ($82,150.00), and the Brevard County Property Appraiser reflects a value of two hundred forty-five thousand dollars ($245,000.00) for fiscal. year 2015. She further testified that pursuant to Florida Statute 162.09 (1) (3), Administrative fines; costs of repair; liens; states in part-, after three (3) months fro,m the filing of any such lien, which rernains unpaid, the Code Enforcement Board may authorize the local governing bodyattorney to foreclose on the lien. Staff respectfully requests that the Code Enforcement Board recommend to the City Attorney to foreclose on the lien as filed against the property known as 7521 Magnolia Avenue, Cape Canaveral, Florida; subject to the direction of the City Manager for due diligence and budgeting purposes, Motion to approve Godfrey, Seconded by Lotspelich. Vote on the motion carried unanimously. Pursuant to Section 286.0105, FS_ the City hereby advises the public that. If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting, Code Enforcement Board Meeting Minutes August 20, 2015 Page 7 Motion by Mr. Hate and seconded by Mr. Mars to adjourn the meeting at 7:53 p.m. Approved on this —day of � 2015. Mary Russell, Chairperson Cindy Gr�egson, Board Secretary City of Cape Canaveral Community Development Department NAVERAL nrofi I . � -- -1, 'JAI, Complainant, V. Respondent(s): Palms East of Cape Canaveral, LLC C/O Jeffery W, Wells, R. A. Location of the Violation: 211 Caroline Street, Unit B-8, Cape Canaveral, FL 32920 Pl: 24-37-14-00-00502.0-0000.00 CASE No, 2015-34 Date: 9/24/15 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 22, 2015 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board. will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, You areentitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal innature, you may wish to have legal counsel attend the above referenced hewing. 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/o�r other personal or, real property, 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 Notice of Hearing 10-22-15 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 24th day of September, 2015 Duree Alexander, 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) 868-12477 of Cape Canaveral Community Development VAVERAL ation, Complainant, V. Owners of the prop�erty located at - 211 Caroline Street, Unit B-8, Cape Canaveral, FL 32920 Pl: 24-37-14-00-00502.0-000�0.00 Respo�ndent(s): Palms East of Cape Canaveral, LLC CIO Jeffery W. Wells, R, A. CASE NO. 2015-34 Date: 6/12115 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 fifleen (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) ever) 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 reqWring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for eacb 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 RESPONDENTfS) MUST IMMEDIATELY NOTIFY THE C01DE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 211 Caroline Street, Unit B-8, Cape Canaveral, FL 32920 PJ' 24-37-14-00-005010-0000.00 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 www'61Y2 �ca )q_Ca_nLY_(1_ra1_ oil, e-mail: -pyp"PLorg Notice of Violation Case No, 2015-34 Page 2 2. Name and address of owner(s) of property where vio�lation(s), exist: Palms East of Cape Canaveral, LLC C/o Jeffery W. Wells 211 Caroline Street, Office Cape Canaveral, FL 32920 Staff received a Complaint regarding the mold in Unit 13-& 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 Propert Mainten pce Code Adopted. The International Property Maintenance Code, (IPMC) 199�8 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—S—ection 3041,General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition, Everyoccupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. IPMC Section 304J, Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. City of Cal2e Canaveral -Code of OrdLnances, *NOTE: 5_ection 34-91 Definitions" The following words, terms and phrases, when used in this article, shall have the meaningsascribed 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, objectionab'Ic and offensive. Section 34-97. Duties and Rnqnnnsibilitig,� fbir ma — _s for intenance, (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, "obno ac umulation offf th , garbage, trash, refuse, debris and inoperative machinery. , r_ s' 11 Mailing Address: P.O. Box 326 Physical Address� 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 ��-�itofca C -mail: i.,nfo0ecitNofeaT)ecan;ai,eTal.org 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 ng�sa � to e[mijage,hazards or unsanitM conditions" with reasonable dispatch upon their discovery. 4. Recommendation(s) to correct the violation(s) described above; > Repair all plumbing leaks and water problems as soon as possible; Scrub mold off hard surfaces with detergent and water and let dry completely. 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. ;P Absorbent or porous materials, such as carpet, tiles or drywall may bave 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 further action, as outlined in the previous p,age(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 Officer Vailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone �(321) 868-1222 — Fax (321) 868-1247 c1tY0fCaT)eCanaVeTa1-o-ry e: -mail: ri averil orf� 'o-% 9 /_% e% hr -4 ` city U11i k_ -'ape Uanaveral, Community Development Department THE CITY OF CAPE CANAVERAL CASE No. 2015-51 A Florida Municipal Corporation, Date: 9/11/15 Complainant, V� Respondent(s): Wells Fargo Bank NA Trustee, C/O OCWEN Loan Servicing, LLC Location of the Violation: 240 Cherie Down Lane, Cape Canaveral, FL 32920 Parcel ID: 24-37-14-90-00000.0-003U0 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 22, 2015 at 6:00 p.m. or as soon thereafter as possible, The healing 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 violatiou(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, yo -u may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property, Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 �"vw, ci t�lofcapecan averal, ore e-mail: info ra) cl tvo fc.mecn n averal. nrp Notice of Hearing 10/22/15 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 I th day of September, 2015 Aw_�_ Al�alz�6_ Duree Alexander, Code Enforcement Officer 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 �Lww.qit fea caLiqvcr4l.org e-mail: i o -i t ofcai)ccana eral,or 0 _% 0, t_1 A. X T I & N 40-A k_/ity 01 uape Uanaveral Community Development qAVERAL ition, %_U111PIU111411t, is Owners of the property located at: 240 Cherie Down Lane, Cape Canaveral, FL 32920 PID: 24-37-14-90-00000.0-003&00 CASE NO. 2015-51 Date: 8-5-15 Respondent(s): Wells Fargo Bank NA Trustee, C/O OCWEN Loan Servicing, LLC 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 aetion(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 violatlions(s) recur(s) even if the violations(s) is/are corrected at the t1m e 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 impo�sed. 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): 240 Cherie Down Lane, Cape Canaveral, FL 32920 PID: 24-37-14-90-00000.0-0038,00 2. Name and address of owner(s) of property where violation(s) exist: Wells Fargo Bank NA Trustee, C/O OCWEN Loan Servicing LLC 1661 Worthington Road, # 100 W Palm Beach, Florida 33409 Mailing Address: P,O. Box 326 Physical Address- 110PolkAvenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www,citycfcqp canaveral.oi-g. e-mail: nrff I-- - - ------ ------ I -P ... . ..... ....... .. . Notice of Violation Case No. 2015-51 Page 2 Staff received a complaint regarding the erection of a new PVC fence in the rear and front yard(s) of your property. A records search revealed that a pennit was not obtained as required by the Florida Building Code. Additionally, a six (6) foot fence is not permitted within twenty-five (25) feet of a public right of way. 3. Description of Violation(s) at property: Section 82-3 1, Florida Building Code Adopted. The Florida Building Code 2014, Fifth Edition as may be amended ftom time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. FBC 105.1 RequiredZ�� A�nit s , Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, conveTl or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit, FBC 110.1 General Inspection(s); Construction or work for which a, permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid, It shall be the duty of the pennit applicant to cause the work to remain accessible and exposed for inspection purposes, Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection, Section 1.10-4.70, (a) (1), Fences walls and bedges, (a) Fences and walls rnay be pen-nitted in any yard, except as specified in section 110-469� provided the following restrictions shall apply, (1) In any residential district, no fence or wall in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of anyp-ublic riglit-of-way, unless otherwise specified in this section, 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 NAiww,cit�,ofcat)ecanavera�.(,)rp P-Mflil' nrn Notice of Violation Case No. 2015-51 Page 2 4. Recommendation(s) to correct the violation(s) described above: • The Florida Building Code requires a permit for the erection ofa fence. You must apply for a permit and o�btain the approved final inspection to be in compliance. • Note: Building permit applications are available at �wKw�'ix.c �ofcapecanayeral.org under the Community Development Department/Building Dept. /Forms. 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, ext, 13. 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 w�vlv r-�f '�n (-,, PI 1� I I-- - -11 11-:1 � "I I r" /7" ":- , " (-.. -