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HomeMy WebLinkAboutCEB Agenda Pkt. 12-17-2015NIII CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA December 17, 2015 6:00 PM WIN 11110, d.10TRAW, RA Establish Next Meeting Date: January 2l, 2016 1. Approval of Meeting Minutes: October 22, 2015 1. 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. 1. Case No. 15-66 — Violation of Section 105, Required Permits; Section I 10, General Inspections; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (709,0 N Atlantic Avenue) — Michael M Notary ET AL. 2. Case No. 15-72 - Violation of Section 70-69, Receipt Required; Payrnent of Tax Prerequisite to Issuance; Section 70-71, Engaging in Business Without Paying Tax or Making Reports; Section 70-77, Separate Receipt Required for Each Business; Section 110-275, Prohibited Uses and Structures; Section 110-335 (1), Prohibited Uses and Structures; of the City of Cape Canaveral Code of Ordinances, (334 Holman Road & 6119 N Atlantic Avenue) Douglas C Wilson, Trust, CIO William T Taylor, Trustee, Cade Enforcement Board Agenda Page 2 December 17, 2015 m i, Pursuant to Section 286.0105, F.S., the City hereby advises the public that: if a person decides to appeal any decision made by the Code Enforcement: Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1.222 48 hours in advance of the meeting. IN CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES October 22, 2015 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 22, 2015, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:00 pm by Chairperson Mary Ru I ssell. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Raymond Viens Lynn Mars (Arrived at 6:12 pm) Walter P. Godfrey, Jr James Hale MEMBERS ABSENT Christopher Clo,ney Ralph Lotspeich OTHERS PRESENT Kimberly Kopp puree Alexander Brian Pa'11fier Michael German Cindy Gregson Vice -Chairperson Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Board members established the next meeting would be held on November 19, 2015. Consequently, Walter P. Godfrey, Jr. a ' rmounced he will not be able to be in attendance at this meeting, Assistant City Attorney` Kimberly Kopp swore in all persons giving testimony. 1. Approval of the August 20, 2015 meeting minutes. Motion by Mr. Viens, seconded by Mr. Hale, to approve the Code Enforcement meeting minutes of August 20, 2015 as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 22, 2015 The Honorable Mayor Rocky Randels presented a Certificate of Appreciation to longtime Board member Lynn Mars who resigned his position. Mayor Randels expressed his gratitude and appreciation to Mr. Mars who served on the Code Enforcement Board since 2006. COMPLIANCE HEARINGS: Code Enforcement Officer Alexander explained there were no Compliance Hearings scheduled for consideration. PUBLIC HEARINGS: 1. 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, (21 1 Caroline Street, Unit B-8) — Palms East of Cape Canaveral, LLC, C/O Jeffery W. Wells, R. A, Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that on May 27, 2015 she received a complaint regarding mold in unit B-8, Palms East of Cape Canaveral, located at 211 Caroline Street, On May 28, 2015 a site visit was conducted. Officer Alexander testified that during this time she was not able to, view any mold because it had already been covered up. Officer Alexander also explained that it was evident to the senses that mold may have been present because she experienced watery eyes and discomfort in her throat with all the windows open. OfficerAlexander continued her testimony stating that on May 7, 2015 Mold—Spec was retained by Mathew Rebber, tenant, to perform a preliminary mold assessment. This testimony was met by objection from Attorney Alex Finch, attorney for Jeffery Wells, property owner of Palms Fast of Cape Canaveral. Attorney Finch indicated that he did not want the Mold -Spec report entered into the record or heard by the Board. Officer Alexander was allowed to finished her testimony and presentation, albeit with numerous objections from Attorney Finch who indicated his desire was to suppress testimony and information provided by Officer Durce Alexander. In continuing her testimony, Officer Alexander stated that Mold -Spec was provided surface samples and in -wall cavity air samples to confirm the source of mold. These samples were sent to Hayes Microbial Consulting for an analysis report on their findings, Officer Alexander stated that according to this report, mold remediation was recommended because test results were not within normal limitations for mold, Code Enforcement Board Meeting Minutes October 22, 2015 Officer Alexander continued to testify that between June 1, 2015, and July 8, 2.015 Staff was in contact with the complainant, obtaining pictures and copies of correspondence that were given to the property owner. Staff also provided complainant information regarding mold and its effects. On July 15'h, 2015 Staff was contacted by Amanda Mroz, a representative of Palms East of Cape Canaveral, who stated they wanted to work with the City to comply, Officer Alexander testified that the potential mold issue was discussed, in addition to areas that Staff would need to examine in order to determine if mold was still present. During this discussion, it was recommended that the property owner provide a written report from a professional mold remediation company to ensure the mold issue had been abated. Officer Alexander testified that on August 0', 2015 Staff, including Mike ,German (Building Official), met Ms. Mroz at 211 Caroline Street, Unit B-8 where they entered the unit. During this visit, staff was unable to view any of the areas stated in the complaint as they had already been covered up. Staff was informed that the maintenance crew resolved the mold problem and that the -unit was scheduled to be rented. According to Officer Alexander, Staff asked Ms. Mroz for a report from a licensed mold remediation company stating the unit was free from the presence of mold, because Staff was in receipt of a copy of the original report that stated mold was present. Officer Alexander stated that, to date, Staff has not received any documentation stating the mold has been remediated. Continuing her testimony, Officer Alexander provided information which she obtained online from The Environmental Protection Agency, recommending that when investigating hidden mold it requires caution not to disturb potential sites of mold growth and if there is a possibility of mold, they recommend hiring an experienced professional, Lastly, O�fficer Alexander provided Florida Statute 4,68.8411 definitions for mold, and mold remediation. Pictures of the areas in question, which were taken by Mathew Bebber, and Stacbybotrys Mold pictures, which Officer Alexander obtained online, were also presented. Following testimony by Officer Alexander, Attorney Alex Finch spoke and gave testimony to the Board. During this time, Mr. Finch questioned Officer Alexander regarding several aspects of this case including her qualifications to identify mold and her recollection of events dealing with this case. Mr. Finch expressed concern regarding pictures presented by Officer Alexander during her presentation to the Board, noting that she did not take the pictures, but rather the tenant took the pictures. Further concern was raised by Mr. Finch during testimony regarding the mold sample's chain of custody. Property owner Jeffery Wells, as well as a maintenance worker, answered questions and testified to the Board on issues regarding repairs to the unit. Mr. Wells provided information regarding Mr. Bebber's tenancy with Palms East of Cape Canaveral, explaining that the tenant only paid one month's rent during the time he lived in the unit. Mr. Wells also stated four people actually lived in this unit, not two as represented in the lease agreement with Mr. Webber. Mr. Wells explained that this unit is a one bedroom unit and that "often tirnes" too many people in Code Enforcement Board Meeting Minutes October 22, 2015 a unit this small can cause mold issues and tenants will also make complaints when they can't pay their rent. Mr. Wells testified that if something is wrong with an apartment, they fix it or the tenant is allowed to move out and they do not hold. them to their lease. Board inernbers asked numerous questions of the property owner regarding this property, his repair staff, specific repairs to this unit and what was replaced during the repair process. Following these discussions, Code Enforcement Officer Alexander respectfully requested that the respondent(s) be found in violation as stated in the Notice of Violation, and based on the evidence and testimony presented at this hearing, be given until November 14, 2015 to come into compliance as set forth in the Notice of Violation and until such time as compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the vaml"ation shall apply. .Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff s recommendation and find the respondent(s) in violation. Vote on the motion carried unanimously. 2. Case No. 2015-51 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, ( 240 Cherie Down Lane) --- Wells Fargo Bank NA, C/O OCWEN Loan Servicing, LLC, R. A. Officer Alexander explained that this item would not be presented because legal notification must be provided to the current property owner, which has recently changed.. i 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 110-552 Swimming pool barriers; of City Code of Ordinances; Violation. of Section 301 General; Section 301.2 Responsibility; Section 302 l xterior property areas, Section 302.1 Sanitation; Section 302.5 Rodent harborage; of The International property Maintenance Code, as adopted by Section 82-22:1, of the City of Cape Canaveral Code of Ordinances. (305 Surf Drive) — Gerhardt Schmitz, Property Owner. — Code Enforcement Officer Duree Alexander expressed that this case in now in compliance and no further action is required at this time. 2. Case No. 15-22 — Violation of Section 70�-70 Evidence of engaging in business without paying tax or snaking 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 21 OFT 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). -- Code Enforcement Board Meeting Minutes October 22, 2015 Code Enforcement Officer Duree .Alexander stated that this case has been brought into compliance and currently needs no further attention.. Pursuant to section 286.0105, F.s., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all 'interested parties may attend this Public Meeting The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. 0'"Imm"L.491 The meeting was adjourned at '7:.13 pm by Chairperson Mary Russell. .Approved on this day of , 2015, Mary Russell, Chairperson Cindy Gregson, Board Secretary City of Cape Canaveral Community Development Department NAVERAL a x x 1w a A"" ivi. un-L­lva-k .uip"Iat7on, 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: 24-37-14-00-005010-0000.00 CASE No,. 2015-34 Date: 12/7/15 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on December 17, 2015 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 3292:0-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 )YyLiL�g e-mail: info@cit-vofeaneca,iiaveral.org Notice of Hearing Page 2 12/7/15 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 7th day of December, 2015 Duree Alexander, Code Enforcement Officer Mailing Address, P.O. Box 326 Physical Address: 11, 0 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 ywH.cityofcaRecan e-mail: infoog cityofca eca avcral.t�r. City of CaPeCanaveral Community Development Department ',ANAVERAL, A Florida municipal corporation, Complainant, 12 Palms East of Cape Canaveral, LLC C/O Jeffery W, Wells, R. A. Owner of the Property located at-. 211 Carolina Street, Unit 6-8 Cape Canave4, FL 32920 Legal: PART OF SE X OF SW Y, AS DES IN ORS 763 PG 808 P,I: 24-37-14-00-00502."000,00 CASE NO. 2015-34 THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaverai, Florida, on October 22, 2015, to determine whether any vloiations of the City of Cape Canaveral Code of Ordinances exist or existed on the Property., The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record' and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth heroin. Based upon the evidence and testimony presented at this hearing, the Code EnforcemenI Board finds: 11. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("Clty Codeo) and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Sections 304.1 General; 304.3 Interior Surfaces; Internafional Property Maintenance Code, as adopted by Section 82-221 of the City Code; and a violation of Sections 34-9�7(a)(1) and 34-97(a)(3) of the City Code exist($) or existed upon the Property and the Respondent was further provided a reasonable time to correct said violation; MOing Address. P.O. Box 326 Physical Address: 110 Polk Avenue , it Cape: Canaveral, FL 3292�0-032�6 If Telephone (321) 868-1222 — Fax (321) 868-1247 c*mail: jLtq Case #2015-34 3. 7bat FtesporWenks) eiffw failed or refitsed to correct such violation within the, ressonable arne period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enfbroement Boardand was present at ft hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to ons 304A General; 304.3 Interior Surfaces; Intemational Property Maintenance Code, as adopted by Section 82-221 of the City Code, and Sections 34-97(a)(1) and 34-97(a)(3) of the City Code. 5. That said violation(s), exist(s) or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. i c. . 1'"W0111601100 I'm WN till vjiwkkolmr,11111 MailingAddress: P.O. Box 326 Physical Address: 110 FoIkAv Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-124,7 WWW.CifY_0fqaVcQana'Yqr0-0rg e-mail., info_fqki ec Iveral. Case #2015-34 DONE AND ORDERED at Cape Canaveral, Florida, this 22nd, day of October, 2015. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA kL4-4z'0 L - --------- Mary Ru6d'ell, Chairperson Copies furnished to. Palms East of Cape Canaveral, LLC Respondent C/O Jeffery W. Wells, R.A. Alex Finch, Esquire City of Cap� Canaveral, Case File Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — F,ax (321) 868-1247 www, ,,r.'%ykfc—V,g!�,4nav—mt.q.r,g e-mail: infG@citVohcw-w I —a�nyqmLPT9 ,.,ity of uape Canaveral Community Development Department - - ,...- - i v1 ti. 1 x., *. l 1.r� V A Florida Municipal Corporation, CASE No. 2015-66 DATE: 12/3/2015 Complainant, V. Respondent(s): NOTARY, MICHAEL M ET AL Location of the Violation: 7090 N ATLANTIC AVE STE 1, CAPE CANAVERAL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement, Board on December 17, 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 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 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 3rd day of December, 2015 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 Ciety of Cape Canaveral Economic Development Department KNAVE oration, I . Owners of the property located at: 7090 N ATLANTIC AVE STE 1, CAPE CANAVERAL 32920 PARCEL ID: 24 -37 -23 -CG -00065.0-0001.00 Respondent(s): NOTARY, MICHAEL M ET AL CASE NO. 2015-66 Date: 10/82015 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 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 ENFORCMENT OFFICER AND REQUEST AN INSPECTION, I. Property where vio,lation(s) exit(s): 7090 N ATLANTIC AVE STE 1, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: NOTARY, MICHAEL M ET AL 690 TIMUQUANA DR MERRITT ISLAND, FL 32953 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 ofcapec,anaveral.org e-mail: h.palmero)cit ofeaecqnavcra�l.or L � Page 2 2015-66 In August you were informed by the Economic Director and the Building Official that the fence you had installed around your parking area needed to be removed due to the fence not meeting the guidelines agreed upon in previous meeting. On October St", 2015 a site visit revealed the fence had not been removed, 3. Description of Violation(s) at property: Section 82-31,,- Buflding Code. (FLBC) The Florida Building Code 2010 edition, as may be amended from 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. FLBC Section 105 Required Permit(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, convert 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. FLBC Section 110 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 permit 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. 4. Recommendation(s) to correct the violation(s) described above. * Obtain a permit and approved flnal inspection * Remove fence from around parking area 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 recornmendations 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: 1101 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 EE�.cit �ofca c�canav�eral.org e-mail: b.palmer@cJt an��veral.org ,___yofc�pec___ �,�it�y of Cape Canaveral Community Development Department THE CITY OF CAPE CANAVERAL CASE No. 2015-72 A Florida Municipal Corporation, DATE: 12/4/15 Complainant, V. Respondent(s): Douglas C Wilson, Trust, P.O. CIO William T Taylor, Trustee Big Kahuna Tiki Huts, Inc. C/O Spiegel & Utrera, P,A., R. A. Location of the Violation: 334 Holman Road, Cape Canaveral, FL 32920 & Parcel 2436275, also known. as 611911 Atlantic Avenue, Cape Canaveral, FL, PTD -.24 -37 -26 -CH -00000.0-0025,01 & 24 -37 -26 -CH -00000.0- 0024.00 A HEARfNG will be conducted before the City of Cape Canaveral Code Enforcement Board on December 17, 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 are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing, The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. Mailing Address: P.O. Box 326 Physical Address: 11.0 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 e-mail: Lnfo@t !qt Order to Appear Page 2 December 4, 2015 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 4th day of December, 2015 Durce Alexander, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 P' 1k Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcavecanavera1.oEg e-mail: info rz)cifyofcapec� avcra�.� Complainant, M Ciety of Cape Canaveral Community Development AVERAL ion, CASE NO. 2015-72 Date: 10-27-15 Owners of the property located at: 334 Holman Road, Cape Canaveral, FL 32920 & Parcel # 2436275 (no address) PI: 24 -37 -26 -,CH -00000,0-0025.01 & PI: 24 -37 -26 -CE -00000.0-0024.00 Respondent(s): Douglas C Wilson, Trust, P.O. Big Kahuna Tiki Huts, Inc, C/O Spiegel & Utre-ra, P.A., R. A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within five (5) days. In the event that the violations(s) is/arc 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 eaeb 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 VIOLATJON(S) IS/ARE CORRECTED WIT14IN 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): 334 Holman Road, Cape Canaveral, FL 32920 & Parcel #2436275 (No address) PI:24-37-26-CH-00000.0-0025.01 Pl- 24 -37 -26 -CH -00000.00024.00 Legal: Banana River Estates Lot 24 EX E Legal: Banana Ri-ver Estates Lot 24 EX E 300 300 FT & ORB 2316 PG 1182, PB,- 0010, PG 0001 FT & ORB 2316 P G 1182, PB; 0010, PG 0001 Mailing Address., P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Notice of Violation Case No, 2015-72 Page 2 2. Name and address of owner(s) of property where violation(s) exist: Douglas C Wilson, Trust 1323 Highway A I A, Apt. 301 Satellite Beach, FL 32937-2465 Staff received a complaint regarding the continuous noise of power tools being operated and trees being cut at the above stated address. A site visit revealed that your tenant is operating a business that involves the use of power tools in the preparation of logs for the construction of Tiki Huts, carvings and similar type products. Staff asked to view a. copy of the Business Tax Receipt (BTR) for the operation of the business at that location and was shown a copy of license 46844, for 601 Monroe Avenue. A records search revealed that a BTR has not been obtained for 334 Holman Road. In addition, Staff observed the outside storage of construction materials on the properties. 3. Description of Violation(s) at property: Section 70-69. Receipt required, payment of tax prerequisite to issuance. Bach person who shall engage in, transact or manage or be the agent for any business or who shall perforin or offer to perform services or sell goods, advertise goods for sale or perform services or solicit or advertise the performance of services for any of the businesses, professions or occupations mentioned in this article shall first procure a local business tax receipt from the city and shall, upon procuring the receipt and before the issuance of the receipt, pay the amount of local business tax required as provided in Section 70-89. Section 70-71, Engaging in business without pa3ing tax or making re orfs. It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, 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 70-77., Separate receipt required for eachlaceof business. A separate receipt shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any occupation, trade or enterprise for which a receipt is required by this article. Section 110-275, Prohibited uses and structures. In the R-1 low density residential district, all uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple -family dwellings, townhouses and mobile home parks, are prohibited. Mailing Address. P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Notice of Violation Case No. 2015-72 Page 3 Section 110-335 (1). Prohibited uses and structures. In the C-1 low density commercial district, the following uses and structures are prohibited: (1) All uses not specifically or provisionally permitted in this division. 4. Recommendation(s) to correct the violation(s) described above: > The construction activity, being conducted at the above referenced location (334 Holman Road) and on the adjoining parcel (2436275) is not a permitted use in the R-1 low density residential zoning district, or in the C-1 low density commercial district. This activity must cease and be relocated to an appropriate/approved location. ➢ It was also noted at the time of the site inspection that "construction materials", such as tree logs, are being stored outside on the property. Outside storage of construction materials is not permitted in the R-1 low density residential district, nor in the C-1 low density commercial district. Business tax receipts are required for all businesses located within the City of Cape Canaveral, however, that does not mean that a BTR will be issued for a business that is not located in the correct zoning distinct or meets all City code requirernents. Failure to comply within five (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, ext. 13. IT, MI -01 MR "t 11 1 I low densi residential district regulation, iq puree Alexander Code Enforcement Officer C: Big Kahuna Tiki Huts, Inc. Mailing Address: P.O. Box 326 Physical Address: 110 P cAk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247