HomeMy WebLinkAboutCEB AGENDA PKT-01-20-11,�t-,ity of Cape Canaveral
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
201 POLK AVENUE
JANUARY 20, 2011
7:00 P.M.
Establish Next Meeting Date: February 17, 2011
NEW BUSINESS:
Approval of Meeting Minutes: November 18, 2010
COMPLIANCE HEARINGS:
Case No. 09-00229 — Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82-31, of the City of Cape Canaveral Code of Ordinances, (200 International Dr.
Unit 609) — Alden & Denise Pitard, Property Owners.
2. Case No. 10-00014 — Violation of Section 34-96(b)(d), Standards Established;
Section 34-97(a)(1)(7), Duties and Responsibilities for Maintenance; Section 34-
98(4), Building Appearance and Maintenance; Section 34-122(a), Public Nuisances
Prohibited; and Section 82-371, Posting and Specifications of Numbers, of the City
of Cape Canaveral Code of Ordinances; and Section 303.4, Structural Members;
Section 604.3, Electrical System Hazards; and Section 605.1, Installation, of the
International Property Maintenance Code, as adopted by Section 82-221, of the
City of Cape Canaveral Code of Ordinances, (402 Madison Ave) — Rochelle C.
Medlin, Trust, c/o John M. Edwards.
3. Case No. 10-00029 - Violation of Section 34-96(b)(d), Standards Established;
Section 34-98(4), Building Appearance and Maintenance; and Section 34-153,
Enumeration of Prohibited Noises; Section 110-551(g)(h)(i), Location of
Recreational Vehicles, Camping Equipment, Boats & Boat Trailers, of the City of
Cape Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section
505.1, General, of the International Property Maintenance Code, as adopted by
Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8103
Magnolia Ave.) — Watson L. Witt II, Property Owner.
4. Case No. 10-00090 - Violation of Section 34-98(4), Building Appearance and
Maintenance; and Section 34-99(1)(2) Landscape, Appearance, and Maintenance,
of the City of Cape Canaveral Code of Ordinances, (201 Taylor Ave.) — David W. &
Mary L. Davis, Property Owners.
7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ®.Fax: (321) 868-1247
www.myflorida.com/cape a email ccapecanaveral@cfl.rr.com
Code Enforcement Board
Agenda
November 18, 2010
Page 2
Case No. 10-00002 — Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82-31, of the City of Cape Canaveral Code of Ordinances, (202-211 Caroline St.) —
Oceanside Treasure, LLC, c/o Jeffey Wells, Property Owner.
2. Case No. 10-00062 — Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82-31, of the City of Cape Canaveral Code of Ordinances, (7077 N. Atlantic Ave.) —
770 Acres, c/o Bill P. Willis, R.A.
3. Case No. 10-00132 - Violation of Section 34-122(b), Public Nuisances Prohibited;
and Section 110-470, Fences, Wall, and Hedges, of the City of Cape Canaveral
Code of Ordinances, (Vacant North Parcel — Part of Lot 4 Desc As The "North
Parcel Within Orb 5315 Pg 1000 PI#24-37-15-00-00753.1-0000.00) — PI Holdings
#1 Inc., Property Owners.
4. Case No. 10-00150 —Violation of Section 30-27(a)(b), Alarm Permit Required;
Section 30-30(d), Response to Alarm Activation, of the City of Cape Canaveral
Code of Ordinances, (7000-7008 N. Atlantic Ave.) — Mary M. Beasley, Property
Owner. Cape Surf c/o Michael T. Floyd, R.A.
5. Case No. 10-00151 — Violation of Section 304.3, Interior Surfaces; Section 504. 1,
General; Section 504.3, Plumbing System Hazards; and Section 505, Water
System, of the International Property Maintenance Code, as adopted by Section
82-221, of the City of Cape Canaveral Code of Ordinances, (202 Caroline St. Unit
208) — Robert D. Schenfele, Property Owner.
6. Case No. 10-00156 — Violation of Section 34-97(7), Duties and Responsibilities for
Maintenance; and Section 34-122(b), Public Nuisances Prohibited. (Vacant Lot
Astronaut Blvd ID# 24-37-15-00-00759.0-000.00) — Surf East Inc., c/o Adela I
Stone, R.A.
Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to
appeal any decision made by the Code Enforcement Board with respect to any matter considered
at this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The
attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment,
Planning & Zoning and / or Community Appearance Board who may or may not participate in Board
discussions held at this public meeting. Persons with disabilities needing special assistance to
participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours
in advance of the meeting.
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
NOVEMBER 18, 2010
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral,
Florida was held on November 18, 2010, in the Cape Canaveral Public Library Meeting
Room at 201 Polk Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary
called the roll.
MEMBERS PRESENT
Mary Russell
Raymond Viens
Walter Godfrey
Karen Hartley
Ralph Lotspeich
MEMBERS ABSENT
James Hale
Lynn Mars
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Kimberly Kopp
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on January 20,
2011.
Assistant City Attorney Kopp swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: October 21, 2010.
Motion by Mr. Viens, seconded by Ms. Hartly, to approve the meeting minutes of
October 21, 2010, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
November 18, 2010
Page 2
COMPLIANCE HEARINGS:
Case No. 09-00229 — Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82-31, of the City of Cape Canaveral Code of Ordinances, (200 International Dr.
Unit 609) — Alden & Denise Pitard, Property Owners.
Code Enforcement Officer, Duree Alexander testified that the respondent did not take
receipt of the notice and therefore must withdraw this case from the agenda.
2. Case No. 10-00029 - Violation of Section 110-551(g)(h)(i), Location of
Recreational Vehicles, Camping Equipment, Boats & Boat Trailers; Section 34-
96(b)(d), Standards Established; Section 34-98(4), Building Appearance and
Maintenance; and Section 34-153, Enumeration of Prohibited Noises, of the City
of Cape Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section
505.1, General, of the International Property Maintenance Code, as adopted by
Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8103
Magnolia Ave.) — Watson L. Witt II, Property Owners.
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
respondent has water on the property; however, it does not appear that there have been
any further improvements.
Mr. Watson Witt II, property owner, testified that the pool continues to leak and he is
planning to cover it because he can't afford the water. Mr. Witt stated that he will repair
the fence as soon as he is able to move the trailer to the back yard.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of Section 34-96(b)(d), Standards Established; Section 34-98(4), Building
Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises;
Section 110-551(g)(h)(i), Location of Recreational Vehicles; and Section 302.1,
Sanitation; Section 505.1, General, of the International Property Maintenance Code, as
adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances and
impose the fine in the amount of one hundred dollars ($100.00) for the first day and
seventy-five dollars ($75.00) per day thereafter until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to amend staff's recommendation and find
the respondent in violation but give the respondent until January 20, 2011 to come into
compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first
day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote
on the motion carried unanimously.
PUBLIC HEARINGS:
Case No. 09-00203 - Violation of Section 34-98(4), Building Appearance and
Maintenance, of the City of Cape Canaveral Code of Ordinances. (630 Adams
Ave.) — FGT MGT. LLC. c/o Jerome V. Grue, R.A.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
Code Enforcement Board
Meeting Minutes
November 18, 2010
Page 3
I -
2.
e .� 0-00014—Violation
nn a i• ��.a: r a: i �t a r c
2. Case No. i u-000 i 4 — violation o Section 34-96(b)(d i, Standards Established;
Section 34-97(a)(1)(7), Duties and Responsibilities for Maintenance; Section 34-
98(4), Building Appearance and Maintenance; Section 34-122(a), Public
Nuisances Prohibited; and Section 82-371, Posting and Specifications of
Numbers, of the City of Cape Canaveral Code of Ordinances; and Section
303.4, Structural Members; Section 604.3, Electrical System Hazards; and
Section 605.1, Installation, of the International Property Maintenance Code, as
adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances,
(402 Madison Ave) — Rochelle C. Medlin, Trust, c/o John M. Edwards.
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 property. She stated she received a complaint and a
site visit revealed an unsafe structure. The property owner obtained a permit to repair
the unsafe portions of the structure and began to clean up the property; however, there
are remaining issues that need to be addressed on the property.
Mr. John Edwards testified that the property is in a trust and he would like to sell the
property but his sister-in-law will not sign the papers. Mr. Edwards stated that he is on a
fixed income and is trying his best to keep up with the property. He further stated that he
is willing to maintain the grass, repair the broken windows, and paint.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 34-96(b)(d), Standards Established; Section 34-97(a)(1)(7), Duties and
Responsibilities for Maintenance; Section 34-98(4), Building Appearance and
Maintenance; Section 34-122(a), Public Nuisances Prohibited; and Section 82-371,
Posting and Specifications of Numbers, of the City of Cape Canaveral Code of
Ordinances; and Section 303.4, Structural Members; Section 604.3, Electrical System
Hazards; and Section 605.1, Installation, of the International Property Maintenance
Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances
and be given until January 20, 2011 to come into compliance or impose a fine in the
amount of one hundred dollars ($100.00) for the first day and seventy-five dollars
($75.00) per day thereafter retroactively beginning on November 18, 2010.
Motion by Mr. Viens seconded by Mr. Godfrey, to accept staff's recommendation and
find the respondent in violation and be given until January 20, 2011 to come into
compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first
day and seventy-five dollars ($75.00) per day thereafter retroactively beginning on
November 18, 2010. Vote on the motion carried unanimously.
3. Case No. 10-00068 — Violation of Section 105.1, Permit Required: and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82-31 of the City of Cape Canaveral Code of Ordinances. (8401 N. Atlantic Ave.
Unit E1) — James Souza, 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 work without a permit. Officer Alexander stated that the respondent installed
windows without a permit and the required final inspection.
Code Enforcement Board
Meeting Minutes
November 18, 2010
Page 4
Following the property owner's receipt of the notice of violation, a contractor obtained a
permit and an approved final inspection to resolve the violation.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the
Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code
of Ordinances to establish the violation.
Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff's recommendation and
find the respondent in violation. Vote on the motion carried unanimously.
4. Case No. 10-00090 - Violation of Section 34-98(4), Building Appearance and
Maintenance; and Section 34-99(1)(2) Landscape, Appearance, and
Maintenance, of the City of Cape Canaveral Code of Ordinances, (201 Taylor
Ave.) — David W. & Mary L. Davis, Property Owners.
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 property. Officer Alexander stated that she received
an e-mail from the property owners that stated they were working to correct the
violations and requested additional time. Officer Alexander granted the time and
explained that there had been some improvement; however the property is still in poor
condition.
Mr. & Mrs. Davis testified that they have had problems with two of the tenants and had to
have them evicted. Mrs. Davis stated that when they repaired the broken windows and
exterior lights the tenants would vandalize the property and threaten them. Mr. Davis
explained that they are trying to repair the property and stated that he thinks the bad
tenants are gone and they will try again to complete the repairs. Mr. Davis further stated
that January should be enough time to comply.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 34-98(4), Building Appearance and Maintenance; and Section 34-99(1)(2)
Landscape, Appearance, and Maintenance, of the City of Cape Canaveral Code of
Ordinances and be given until January 20, 2011 to come into compliance or impose a
fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five
dollars ($75.00) per day thereafter until found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and be given until January 20, 2011 to come into
compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first
day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote
on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
November 18, 2010
Page 5
ADJOURNMEiv -T
There being no further business the meeting adjourned at 7:51 P.M.
Approved on this day of , 2010.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
CityCapeof Canaveral
Community Development Department
Co" or
CAPE CAMAY[R/iL
THE CITY OF CAPE CANAVERAL CASE No. 2009-00229
A Florida Municipal Corporation, 1/05111
Complainant,
V. NOTICE OF BEARING
Respondent(s):
Alden & Denise Pitard
Location of the Violation:
200 International Drive, Unit 609, Cape Canaveral
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on January 20, 2011 at 7:00 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.
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 5h day of January , 2011
uree Alexander
Code Enforcement Officer
7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.comlca-pe e-mail: cityofcapecanaveral.org
Complainant,
DM
RAL,
1,
City •Cape CanaveraU
• Zj 111-11
Case #09-00229
Alden & Denise Pitard
Owner of the Property located at:
— - - 200 International Dr. Unit 609
Cape Canaveral, FL 32920
LEGAL: CANAVERAL BAY CONDO PH VI As DESC IN ORB 2605 PG 821 AND ALL AMENDMENTS THERETO
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on October 21, 2010 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.
Findings of Fact and Conclusions of Lava
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a Violation of Section 105.1, Permit Required; and Section 109.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City
Code, exist or existed upon the Property and Respondent was further provided a reasonable
time to correct said violation;
7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com
Case #09-00229
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Violation of Section 105.1, Permit Required; and Section 109.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City
Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until November 18, 2010 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
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.
Case #09-00229
DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of October, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
f,
Mary Russ , Chairperson
Copies furnished to:
Alden & Denise Pitard, Property Owner
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 -75 day of Oc-v b�` , 2010.
Joy t6mbardi, Board Secretary
Duree Alexander, ode Enforcement Officer
City Of Cape Canaveral
Community Development Department
CirY OF
CAPE CANAVEkAL
THE CITY OF CAPE CANAVERAL CASE No. 2010-00014
A Florida Municipal Corporation, 01/04/11
Complainant, NOTICE OF HEARING
V.
Respondent(s):
Rochelle C Medlin, Trust
C/O John M. Edwards
Location of the Violation:
402 Madison Avenue, Cape Canaveral, F132920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on January 20, 2011 at 7:00 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.
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 4"' day of January, 2011
Duree Alexander Code Enforcement Officer
7510N Atlantic Avenue ti P.O. Box 326- Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
Nvv,,w.myflorida.corn/cape e-mail: cityofcapecanaveral.org
City
or, p' Canaveri
Complainant,
V.
0
Rochelle C. Medlin, Trust, c/o John M. Edwards
Owner of the Property located at:
402 Madison Ave.
Cape Canaveral, FL 32920
LEGAL: : AVO.i BY THE CFA LOT Q &W Y2 OF LOT 10 RI K 16 PLAT ROOK 003 PCA 007
Respondent,
Case #10-00014
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on November 18, 2010 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.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 34-96(b)(d), Standards Established; Section 34-
97(a)(1)(7), Duties and Responsibilities for Maintenance; Section 34-98(4), Building Appearance
and Maintenance; Section 34-122(a), Public Nuisances Prohibited; and Section 82-371, Posting
and Specifications of Numbers, of the City of Cape Canaveral Code of Ordinances; and Section
303.4, Structural Members; Section 604.3, Electrical System Hazards; and Section 605.1,
Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of
the City Code, exist or existed upon the Property and Respondent was further provided a
reasonable time to correct said violation;
7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 e Fax: (321) 868-1247
www.myflorida.com/cape ® email: ccapecanaveral_@cfl_rr.com
Case #10-00014
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 34-96(b)(d), Standards Established; Section 34-97(a)(1)(7), Duties
and Responsibilities for Maintenance; Section 34-98(4), Building Appearance and Maintenance;
Section 34-122(a), Public Nuisances Prohibited; and Section 82-371, Posting and Specifications
of Numbers, of the City of Cape Canaveral Code of Ordinances; and Section 303.4, Structural
Members; Section 604.3, Electrical System Hazards; and Section 605.1, Installation, of the
International Property Maintenance Code, 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 constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until January 20, 2011 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred dollars ($100:00) for the first day and seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph
shall be retroactively imposed beginning on November 18, 2010.
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
Case #10-00014
DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of November, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
IF
r1&.11".1.,Z,,-.-%�-
ary
-Chairperson
I'I
Copies furnished to:
Rochelle C. Medlin, Trust, c/o John M. Edwards
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 6q day of 2010.
Joy CQihbardi, Board Secretary
uree Alexander, Co e Enforcement Officer
Cit.631Capeof Canaveral
Community Development Department
NOTICE OF HEARING
Cir! OF
CAVE CANAVEML
CITY OF CAPE CANAVERAL CASE No. 2010-00029
A Florida Municipal Corporation, 1/05111
Complainant,
V.
Respondent(s):
Watson L. Witt, II
Location of the Violation:
8103 Magnolia Avenue, Cape Canaveral
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on January 20, 2011 at 7:00 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 Amended
Order Imposing Penalty on First Violation (Amended as to additional time) attached as EXHIBIT
"A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to
Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code
of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have
legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to
correct any violation(s). This penalty, if not paid, will become a lien on the Property and any
other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure
and sale of said Properly 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 5h day of January, 2011
P_zt" A�"U- ___
Du
Alexander
Code Enforcement Officer
7510 N Atlantic Avenue - P.O. Box 326 Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 - Fax (321) 868-1247
ww—w.myflorida.com/care e-mail_: city ofcapecanaveral.org
City
of err. - Canaveral
• 1 .mf-, 0 ring ,mg
i
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
u
Watson L. Witt II
Owner of the Property located at:
8103 Magnolia Ave.
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA E % OF LOT 15 & ALL LOT 16 BLK 9 PLAT BOOK 003 PG 007
Respondent,
Case #10-00029
AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
(AMENDED AS TO ADDITIONAL TIME)
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on July 22, 2010 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.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 34-96(b)(d), Standards Established; Section 34-98(4),
Building Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises;
Section 110-551(g)(h)(i), Location of Recreational Vehicles, Camping Equipment, Boats & Boat
Trailers, of the City Code; and Section 302.1, Sanitation; Section 505.1, General, of the
International Property Maintenance Code, as adopted by Section 82-221, of the City Code, exist
or existed upon the Property and Respondent was further provided a reasonable time to correct
said violation;
7510 N. Atlantic Avenue ® Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com
Case #10-00029
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 34-96(b)(d), Standards Established; Section 34-98(4), Building
Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises; Section
110-551(g)(h)(i), Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers,
of the City Code; and Section 302.1, Sanitation; Section 505.1, General, of the International
Property Maintenance Code, 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 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 September 23, 2010.
7. Respondent was present at a duly noticed Compliance Hearing held by the Code
Enforcement Board of the City of Cape Canaveral, Florida on November 18, 2010
RASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until January 20, 2011 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
Case #10-00029
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 18th day of November, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
W". 61-4� -
Mary Russ I, Chairperson
Copies furnished to:
Watson L. Witt 11, Property Owner
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Amended Order
Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s)
and/or Respondent's authorized representative on this t � day of hl�� � bG� , 2010.
Joy L&bardi, Board Secretary
�I
uree Alexander, Code Enforcement Officer
City of Cape Canaveral
Community Development Department
NOTICE OF HEARING
CITY OF
CAPE CANAVERAL
THE CITY OF CAPE CANAVERAL CASE No. 201.0-00090
A Florida Municipal Corporation, 1/04/11
Complainant,
V.
Respondent(s):
David W & May L. Davis
Location of the Violation:
201 Taylor Avenue, A& B, Cape Canaveral, F132920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on January 20, 2011 at 7:00 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.
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 January, 2011
Duree Alexander
Code Enforcement Officer
7510 N Atlantic Avenue —P.O. P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.coir/ca-pe e-mail: cityofcapecanaveral.org
r
Canaveral City ,' Cape fit: �: a
Complainant,
V.
CANAVERAL,
)rporation,
David W. & Mary L. Davis
Owner of the Property located at:
201 Taylor Ave.
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA LOT 1; 2 10 BLK 52 PLAT BOOK 003 PG 007
Respondent,
Case #10-00090
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on November 18, 2010 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.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 34-98(4), Building Appearance and Maintenance; and
Section 34-99(1)(2) Landscape, Appearance, and Maintenance, of the City Code, exist or
existed upon the Property and Respondent was further provided a reasonable time to correct
said violation;
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was present at the hearing;
7510 N. Atlantic Avenue ® Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
www.myElorida.com/cape m email: ccapecanaverai@ctl.rr.com
Case #10-00090
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 34-98(4), Building Appearance and Maintenance; and Section 34-
99(1)(2) Landscape, Appearance, and Maintenance, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until January 20, 2011 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and fell compliance is confirmeul by the .('Mode
Enforcement Officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of November, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
7- &A i��W
Chairperson
Case #10-00090
Copies furnished to:
David W. & Mary L. Davis
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 / ? day of 1.Vouc�i roes' , 2010.
- �O�Z�
Jo ombardi, Board Secretary
Duree Alexander, Code Enforcement Officer
City of Cape Canaveral
Community Development Department
CfTY OF
CAPE CAXAYCRAL
THE CITY OF CAPE CANAVERAL CASE No. 2010-00002
A Florida Municipal Corporation, 12/14/10
Complainant,
V. NOTICE OF HEARING
Respondent(s):
Oceanside Treasure, LLC
C/O Jeffery W. Wells, R. A.
Location of the Violation:
202-211 Caroline Street, Cape Canaveral, F132920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on January 20, 2011 at 7:00 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.
TED this 12h day of December, 2010
Duree Alexander
Code Enforcement Officer
7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 N Fax (321) 868-1247
www.Myflorida.com/cape e-mail: cityofcapecanaveral.org
City of Cape Canaveral
Community Development Department
CODE ENFORCEMENT BOARD
:ITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
Flor
�� vida� ' ' Muyrnnrc �,nivnvcr2AL
A icvipal Corporation,
Complainant,
V.
Owner(s) of the property located at:
211 CAROLINE ST
Respondent(s):
Oceanside Treasure, LLC
Jeffery W Wells, R. A.
Case No. 2010-00002
01/07/2010
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 Ordinances, as more specifically described below.
Respondent(s) is/are hereby notified that 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 violation(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 violation(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):
211 CAROLINE ST
2. Name and address of owner(s) of property where violation(s) exist:
Oceanside Treasure, LLC
Jeffery W Wells, R. A.
211 Caroline Street, Office,
Cape Canaveral, FL 32920
7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247
www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com
Page 2
10-00002
A site inspection revealed the installation of gas/propane tanks for the laundry facilities installed
without the required permit(s).
3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code (FLBC) adopted.
The Florida Building Code 2007 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 incorporate herein as if fully set out.
FLBC 105.1 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 109.1 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 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 to correct the violation(s) described above:
Please obtain the required permit(s) for the installation of the tanks.
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 Ordinance/Code Violation or the
recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer
at tbp City of Cape Canaveral. (3211868-1222
ee A ex nd r -
Code Enforcement Officer
City of Cape Canaveral
Community Development Department
carr ap
cars ca+uvcrux
CITY OF CAPE CANAVERAL CASE No. 2010-00062
A Florida Municipal Corporation, 1/10/11
Complainant,
V. NOTICE OF HEARING
Respondent(s):
770 Acres, LLC
C/O Bill P. Willis, R. A.
Location of the Violation:
7077 N Atlantic Avenue, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on January 20, 2011 at 7:00 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 I Oh day of January, 2011
Duree Alexander
Code Enforcement Officer
7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.comJcape e-mail: cityofcapecanaveral.org
CityCapeof Canaveral
Community Development Department
` CODE ENFORCEMENT BOARD
41CITY OF CAPE CANAVERAL, FLORIDA
CAPE cAaaVcnac
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2010-00062
A Florida Municipal Corporation, 6/16/10
Complainant,
V.
Owner(s) of the property located at:
7077 N Atlantic Avenue, Cape Canaveral, FI 32920
Respondent(s):
770 ACRES LLC
C/O BILL P. WILLIS, 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 Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the
violation(s) described below is/are to be voluntarily performed within fifteen (157 days.
In the event that the violation(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 violation(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):
7077 N Atlantic Avenue, Cape Canaveral, Florida 32920
2. Name and address of owner(s) of property where violation(s) exist:
770 ACRES LLC
C/O Bill P. Willis, R.A.
2001 9b Avenue #106
Vero Beach, Florida 32960
7510 N Atlantic Avenue — P.O. Box 326 N Cape Canaveral, FL 32920-0326
Telephone (321) 868-1221 — Fax (321) 799-3170
www.myflorida.com/cape e-mail: ccapecanaveral@cfl.rr.com
Page 2
10-00062
An inspection of the property revealed that there has been work done without the required
permits and inspections. A Stop Work Order has been posted on the property on 6/16/10. No
further work may be done until such time as the required permits have been obtained.
3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code
(FLBC) adopted.
The Florida Building Code 2007 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 incorporate herein as if fully set out.
FLBC 105.1 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 109.1 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 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:
You must obtain a permit for windows you installed and any other work done which
requires a permit and the approved final inspection.
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 of the recommendations
contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the
City of Cape Canaveral, (321) 868-1222.
Duree Alexander
Code Enforcement Officer
CityCapeof Canaveral
Community Development Department
NOTICE OF HEARING
CITY OF
CAPE CANAY
CITY OF CAPE CANAVERAL CASE No. 2010-00132
A Florida Municipal Corporation, 12/15/10
Complainant,
V.
Respondent(s):
PI HOLDINGS #1. INC
Location of the Violation:
VACANT NORTH PARCEL - PART OF LOT 4 DESC AS THE "NORTH PARCEL WITHIN
ORB 5315 PG 1000 PI#24-37-15-00-00753.1-0000.00
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on January 20, 2011 at 7:00 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.
D ED this 15th day of December, 2010
Duree Alexander
Code Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.my_florida.com/cape e-mail_: cityofcapecanaveral.org
City of Cape Canaveral
Community Development Department
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
ANAVERAL
�urporation,
Complainant,
Case No. 2010-00132
10/19/10
V.
Owner(s) of the property located at:
Vacant Parcel #24-37-15-00-00753.1-0000.00 PART OF GOVT LOT 4
DESC AS THE "NORTH PARCEL" WITHIN ORB 5315 PG 1000
Respondent(s):
PI HOLDINGS #1 INC
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 Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the
violation(s) described below is/are to be voluntarily performed within Ten (10) days.
In the event that the violation(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 violation(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 #24-37-15-00-00753.1-0000.00 PART OF GOVT LOT 4
DESC AS THE "NORTH PARCEL" WITHIN ORB 5315 PG 1000
2. Name and address of owner(s) of property where violation(s) exist:
PI HOLDINGS #1 INC
P.O. BOX 4444
Houston, TX 77210
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.mvflorida.com/cane e-mail: cityofcapecanaveral.org
Page 2
2010-132
A lien was filed against this property prior to your purchase, by the City of Cape Canaveral.
The lien was for the condition of the property and the un -permitted dilapidated fence. The
property is not in compliance with the following violations:
Description of Violation(s) at property: Sec. 34-122. Public nuisances prohibited.
(b) All unimproved property in the city shall be maintained in a manner such that weeds and
rank vegetation shall not exceed 12 inches in height provided, however, that with respect to
property or portions of property containing wild lands in their native state, not previously cleared,
such as a natural hammock, this height limitation shall apply only to the first 15 feet of such lands
abutting a public street or right-of-way, unless such lands constitute an approved buffer zone
under the code of the city.
Sec. 34-126. Remedy by the city.
(a) Upon failure, neglect or refusal of any owner or agent notified as provided in this
article to cut, destroy or remove weeds, grass, trash, rubbish or other matters as required under the
notice provided in section 34-123, within ten days upon receipt of the notice, the city may, in
addition to other penalties provided for in this Code, pay for the cutting, destroying or removing
of such material or effect the removal by the city.
(b) After causing the condition to be remedied, the building official shall certify to the
city treasurer the expense incurred in remedying the condition and shall include a copy of the
notice whereupon such expense shall become payable within 30 days. After the 30 days, a special
assessment lien in charge will be made against the property, which shall be payable with interest
at the rate of eight percent per annum from the date of such certification until paid.
(c) Such liens shall be enforceable in the same manner as a tax lien in favor of the city
and may be satisfied at any time of payment thereof, including accrued interest. Upon such
payment, the clerk of the circuit court shall, by appropriate means, evidence the satisfaction and
cancellation of such lien upon the record thereof and notify the tax collector of such satisfaction.
Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among
the public records of the county.
Sec. 110-470. Fences, walls and hedges.
(a) Fences and walls may be permitted 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 any public right-of-way, unless
otherwise specified in this section;
(2) In any residential district where property abuts a public beach access parking area,
the fence or wall in a side, rear or front yard which abuts the public parking area shall not exceed
six feet in height;
(3) In any commercial or industrial district, no fence or wall in any side or rear yard
shall be over eight feet in height or over four feet in height if within 25 feet of any public right-of-
way. When the boundary of a commercial or industrial zoning district abuts any residential
zoning district, and a fence or wall is used to meet the requirements of section 110-566, the fence
or wall shall have a minimum height of six feet and a maximum height of eight feet;
Page 3
10-00132
Sec. 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:
(7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter
and vegetation cut periodically as needed.
4. Recommendation to correct the violation(s) described above:
• Have the property mowed and maintained
• Remove all dead vegetation
• Trim back all overgrowth
• Remove all trash and debris, to include any dilapidated signs
• Remove the dilapidated fencing. If you choose erect a new fence it must meet the
City Code Requirements and a permit must be obtained.
Failure to comply within Ten (10) 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 Ordinance/Code Violation or the
recommendations contained herein, do not hesitate to contact the below signed Code
E orcement Officer at the City of Cape Canaveral. (321-868-1222)
Duree Alexander
Code Enforcement Officer
Cit of Cape Canaveral
Community Development Department
NOTICE OF HEARING
ANAVERAL
rporation,
Respondent(s):
Mary M. Beasley, P.O.
Cape Surf -C/O Michael T. Floyd, R. A.
Location of the Violation:
7000-7008 N Atlantic Avenue, Cape Canaveral, F132920
150
CASE No. 2010-00.998"
1/05/11
A HEARING will be conducted before the City of Cape Canaveral Code .Enforcement Board
on January 20, 2011 at 7:00 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 4th day of January, 2011
E
Duree Alexander
Code Enforcement Officer
7510N Atlantic Avenue P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
ww-w.myflorida.com/cape e-mail: city ofcapecanaveral.org
City of Cape Canaveral
Community Development Department
CITY or - CODE ENFORCEMENT BOARD
CAPE CA"VtkAt
--- CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2010-00150
A Florida Municipal Corporation, 12/09/2010
Complainant,
V.
Owner(s) of the property located at:
7000-7008 N Atlantic Avenue, Cape Canaveral, F132920
Respondent(s):
Mary M. Beasley, P.O.
Cape Surf - C/O Michael T. Floyd, 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 Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that 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 violation(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 as provided in the City of Cape Canaveral Code of
Ordinances, Section 30-35, Penalty and enforcement; any person who violates this article shall be
guilty of an offense against the City and shall be punished as provided in Section 1-15, of the City
Code. The provisions of this article may be enforced either by prosecution as a misdemeanor
through the state attorney's office for Brevard County, Florida, or through the powers and
jurisdiction of the City Code Enforcement Board, or by any other legal or equitable form of
action. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE
ENFORCEMENT OFFICER.
1. Property where violation(s) exist(s):
7000-7008 N Atlantic Avenue, Cape Canaveral, Florida
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.n,yflorida.cornlcape e-mail: cityofcapecanaveral.org
10-00150
Page 2
2. Name and address of owner(s) of property where violation(s) exist:
Mary M. Beasley
2657 Driftwood Lane, Titusville, Florida 32780
Cape Surf, C/O Michael T. Floyd
8758 Banyan Way, Cape Canaveral, Florida 32920
Our office has received copies of notices sent to Cape Surf regarding the Sheriff's
Department response to false alarms and that there is an outstanding balance for response to the
false alarms at the above stated address. You are in violation of the following City of Cape
Canaveral Code of Ordinances.
Description of Violation(s) at property: Section 30-27,(a), (b); Alarm permit required; fee;
renewal:
(a) It shall be unlawful for any person to operate an alarm system without a valid alarm
permit.
(b) All alarm permits issued prior to the effective date of this article shall expire on
September 30, 2003, when all permits are subject to renewal and must be renewed in accordance
with the provisions of this article. However, all alarm users must report any changes in
emergency contact information.
Sec. 30-30, (d); Response to alarm activation—Owner response, false alarm and corrective
action:
(d) Failure to return the alarm cause and corrective action form, to the satisfaction of the
city, within 20 days of receipt of such form will result in an assessment against the owner of the
premises of a fine of $500.00.
Sec. 30-31, (a), (b), (c); Fees charged; alarm malfunction and false alarm:
(a) False alarm fee. No fee shall be assessed for the first three false alarms at the same
premises responded to by emergency services during each calendar year. Thereafter, the owner
shall pay a fee, as provided in appendix B of the City Code, for each false alarm responded to at
the same premises during said calendar year.
(b) Alarm ma�nction administrative fee. As to all alarm malfunctions responded to by
emergency services, the owner shall be assessed a fine of $500.00, unless within 20 days of
receipt the Owner returns to the city the alarm cause and corrective action form deemed
satisfactory by the city. For those alarm malfunctions that the owner returned a satisfactory alarm
cause and corrective action form, alarm malfunctions during each calendar year shall be exempt
from any fees in excess of the alarm malfunction administrative fee set forth in appendix B of the
City Code.
10-00150
Page 3
(c) Should any fee assessed pursuant to this article remain unpaid in excess of 90 days
from the date the charge is billed, a collection fee in the amount of 35 percent on the outstanding
balance shall be assessed and shall be available by the owner of the premises in addition to the
original fee. The owner shall also be responsible for any legal fees or costs incurred by the city in
enforcement of this article.
RECOMMENDATION(S):
3. Recommendation to correct the violation(s) described above:
• Pay the assessed alarm fees in the amount of $648.75. (Statement attached)
• Have the alarm system examined by an alarm system technician verifying that a bona fide
attempt has been made to identify and correct any defect of design, installation or operation
of the alarm system and provide this information to the City.
• Apply for and obtain an Alarm Permit from the Building Department.
PWTE. The City of Cape Canaveral has the right to require the disconnection or
deactivation of any alarm system per Section 30-32, Disconnection of alarm system for lack of
payment and/or failure to provide a written alarm cause and corrective action form and/or failure
of the owner to take corrective action to eliminate the cause of the false alarm and/or failure to
appear within in hour after being notified to respond. If the Notice of False Alarm and Corrective
Action forms were not completed and returned to City as required by Section 30-30 (b) & (d),
this could result in an assessment against the owner of the premises in the amount of $500.00.
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 of the recommendations
contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the
City of Cape Canaveral, (321) 868-1222.
Duree Alexander
Code Enforcement Officer
C: David Green, City Manager
Andrea Bowers, Finance Director
CityCapeOf Canaveral
Community Development Department
� OF CAPE CANAVERAL
Municipal Corporation,
Respondent(s):
Robert D. Schenfele
CASE No. 2010-00151
1/7/10
NOTICE OF HEARING
Location of the Violation:
202 Caroline Street, Unit 208, Cape Canaveral 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on January 20, 2011 at 7:00 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.
DD this 7t'' da ary, 2011.
eDe Alexander
Code Enforcement Officer
7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.znyflorida.com/cape e-mail: cityofcapecanaveral.org
CityCapeof Canaveral
Community Development Department
CODE ENFORCEMENT BOARD
CI�CW CAPE CANAVLRAt CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2010-00151
A Florida Municipal Corporation, 12/10/2010
Complainant,
V.
Owner(s) of the property located at:
202 Caroline Street, Unit 208, Cape Canaveral, F132920
Respondent(s):
Robert D. Schenfele
C/O Donald W. Lock
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 Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the
violation(s) described below is/are to be voluntarily performed within fifteen (15) days.
R. In the event that the violation(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 describedin-this notice until the violation(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):
202 Caroline Street, Unit 208, Cape Canaveral, Florida 32920
2. Name and address of owner(s) of property where violation(s) exist:
Robert Schenfele
202 Caroline Street, Unit 208
Cape Canaveral, Florida 32920
Donald W. Lock
2112 S. Grant Place
Melbourne, Florida 32901
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.mvflorida.com/cVe e-mail: cityofcapecanaveral.org
Page 2
10-00151
Our office has received another compliant regarding water damage to the
bathroom unit below your unit 208, to the extent that a portion of the bathroom ceiling
will have to be replaced again.
This appears to be an on going problem. It was also reported that urine and feces
is leaking from your unit into the unit directly below 208 again.
Description of Violation(s) at property: Sec. 82-31. Sec. 82-221, "International Property
Maintenance Code Adopted"
Section 505; Water System
IPMC Section 304.3, Interior surfaces: All interior surfaces, including windows
and doors, shall be maintained in good, clean and sanitary condition.
IPMC Section 504.1, General, All plumbing fixtures shall be properly installed
and maintained in working order, and shall be kept free from obstructions, leaks and
defects and be capable of performing the function for which such plumbing fixtures are
designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional
condition.
IPMC Section 504.3, Plumbing system hazards, Where it is found that a plumbing
system in a structure constitutes a hazard to the occupants or the structure by reason of
inadequate service, inadequate venting, cross connection, back -siphonage, improper
installation, deterioration or damage or for similar reasons, the Code Official shall require
the defects to be corrected to eliminate the hazard.
RECOMMENDATION(S):
3. Recommendation to correct the violation(s) described above:
Comply with the requirements of the above cited. Codes. Take measures to insure that
water does not continue to leak and continue to be a hazard to adjoining properties.
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 of the recommendations
contained herein, do not hesitate to contact the below signed Code Enforcement Officer
at the City of Cape Canaveral, (321) 868-1222.
r'
uree Alexander
Code Enforcement Officer
C: MRS Management
CityCapeof Canaveral
Community Development Department
�TM TY OF CAPE CANAVERAL CASE No. 2010-00156
CAPE CANAV - E
----- Iorida Municipal Corporation, 1/05/11
Complainant,
V. NOTICE OF HEARING
Respondent(s):
Surf East Inc.
C/O Adela I Stone, R.A.
Location of the Violation:
Vacant Lot Astronaut Blvd.
ID#24-3 7-15 -00-00759.0-000.00
A HEARING will be conducted before the City of Cape Canaveral. Code Enforcement Board
on January 20, 2011 at 7:00 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 6h day of January, 2011
Duree Alexander
Code Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cape e-mail: cityofcapecanaveral.org
CityCapeof Canaveral
Community Development Department
r CODE ENFORCEMENT BOARD
"�`°F CITY OF CAPE CANAVERAL, FLORIDA
CAPE CAttAY[dtAC
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2010-00156
A Florida Municipal Corporation, 12/21/10
Complainant,
V.
Owner(s) of the property located at:
Vacant Lot -Astronaut Blvd., Cape Canaveral, Fl
PI: 24-37-15-00-00759.0-0000.00
Respondent(s):
Surf East Inc, P.O.
C/O Adela I Stone, 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 Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the
violation(s) described below is/are to be voluntarily performed within ten (10) days.
In the event that the violation(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 violation(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 Lot -Astronaut Blvd., Cape Canaveral, Florida 32920
PART OF GOVT LOT 4 IN SE' /4 OF SE 1/4 AS DES IN ORB 623 PG 484
PI: 24-37-15-00-00759.0-0000.00
2. Name and address of owner(s) of property where violation(s) exist:
Surf East Inc, P.O.
4100 N 28 Terrace, Hollywood, FI 33020
Adela I Stone, R. A.
100 SE 3rd Avenue, Ste 1400, Ft. Lauderdale, FL 33394
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cUe e-mail: cityofcapecanaveral.org
Page 2
10-00156
Our office received a complaint regarding your property being overgrown again. A
site visit revealed your property is overgrown and in need of property maintenance. The
property's been cited several times in the past for the property being overgrown. You
must maintain the property on a regular basis, not mowing causes an adverse affect on the
economic welfare of the adjacent property owners.
3. Description of Violation(s) at property: Sec. 34-122, (b), Public nuisances
prohibited.
(b) All improved property in the City shall be maintained in a manner such that
weeds and rank vegetation shall not exceed 12 inches in height provided.
Sec. 34-97, (7); Duties and Responsibilities for Maintenance:
The owner of every 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:
(7) Vacant property and improvements shall be kept free of refuse, debris, trash or
litter and vegetation cut periodically as needed.
4. Recommendation(s) to correct the violation(s) described above:
Have the property mowed and maintain the property by mowing on a regular basis, the summer
months needing more maintenance than the winter months. Remove any trash/debris or dead
vegetation.
Failure to comply within ten (10) 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 of the recommendations
contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the
City of Cape Canaveral, (321) 868-1222.
1
Duree Alexander
Code Enforcement Officer
C: Honorable Mayor, Rocky Randels