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HomeMy WebLinkAboutCEB AGENDA PKT -04-21-11City !, Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE APRIL 21, 2011 7:00 P.M. Establish Next Meeting Date: May 19, 2011 NEW BUSINESS: 1. Approval of Meeting Minutes: February 17, 2011 2. Interview Prospective Alternate Board Member, William Carroll. COMPLIANCE HEARINGS: 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 III, Property Owner. 2. Case No. 10-00047 — Violation of Section 110-555, Paving of Vehicular Use Areas; Section 110-492, Location of Spaces; Section 110-339, Off Street Parking and Access, of the City of Cape Canaveral Code of Ordinances; and NFPA 1, Fire Lanes, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (9009 Astronaut Blvd.) — Portview Inn & Suites, LLC dba Country Inn & Suites, c/o Dale L. Cox, R.A. PUBLIC HEARINGS: Case No. 10-00075 - Violation of Section 34-96(b)(d), Standards Established; and Section 34-99(1)(2), Landscape Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (7523 Magnolia Ave) — Randy Kummerfeldt, Property Owner. 2. Case No. 10-00145 — Violation of Section 34-97(a), Duties and Responsibilities for Maintenance; Section 34-96(d), Standards Established; and Section 34-98(4), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (7306 Poinsetta Ave) — Geoffrey M. Duggan, Property Owner. 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 o email: ccapecanaveral@cfl.rr.com Code Enforcement Board Agenda April 21, 2011 Page 2 3. Case No. 10-00149 —Violation of Section 34-96(d), Standards Established; and Section 34-98(4), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (7304 Poinsetta Ave) — David E. Lambert, Property Owner 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 .: l:ic meeting. Dercr)^g Lkii+h diashi:lei: +i: cac naauiinn� special a gist n•ce 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 FEBRUARY 17, 2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 17, 2011, 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 •aaj�:w�:U Viens v. James Hale Karen Hartley Lynn Mars MEMBERS ABSENT Walter Godfrey Ralph Lotspeich OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on March 17, 2011. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: January 20 2011 Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of January 20, 2011, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 17, 2011 Page 2 COMPLIANCE HEARINGS: Case No 10-00029 - Violation of Section 110-551(q)(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 III 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 water utility had been shut off and the meter was removed on February 1, 2011. Officer Alexander stated that the respondent is maintaining the property by mowing regularly; he has relocated the RV to the back of the property, and covered the pool. Mr. Watson Witt III, property owner, testified that he has completed the painting of the front of the house and has complied with all violations except that he still has no water. Mr. Witt explained that he lost his roommate but has someone else moving in next week and should be able to have the water turned back on within a few weeks. 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. Mars, seconded by Ms. Hartley, to amend staff's recommendation and find the respondent in non-compliance but give the respondent until March 17, 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 10-00138 - Violation of Section 34-96(d) Standards Established: Section 34-122(a)(b) Public Nuisances Prohibited of the City of Cape Canaveral Code of Ordinances (Vacant Parcels — ID# 24-37-14-28-00000.0-OOOA.26 & 24- 37-14-28-00000 OOA 25) — A-1 Financial Services Inc., c/o Michelle Milo, R.A. 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 continued overgrowth of the property. Code Enforcement Board Meeting Minutes February 17, 2011 Page 3 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-96(d), Standards Established; Section 34-122(a)(b), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances and be given 10 days from the date the board order is received 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. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation be given 10 days from the date the Board Order is received 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. OLD BUSINESS: Case No. 10-00037 — Violation of Section 34-96(b)(d), Standards Established; and Section 110-469, Visibility at Intersections, of the City of Cape Canaveral Ordinances; and Section 602, Water Required; and Section 602.1, General, of the Florida Building Code - Plumbing 2007 edition, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 301.3; Vacant Structures and Land; and Section 303.1, General, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cit of Cape Canaveral Code of Ordinances, (7521 Magnolia Ave.) — Lenny Cassanelli, Property Owner (Formerly Michael Zucco). (Application for Satisfaction or Release of Code Enforcement Lien. 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 was for the condition of the property and that the tenants had no water. Officer Alexander stated that the respondent was found in violation on July 22, 2010 and had until September 23, 2010 to comply. The respondent failed to comply within the time provided and a lien was filed on October 11, 2010. The property was sold and the new owner brought the property into compliance on January 10, 2011. Officer Alexander further stated that the current lien on the property from September 23, 2010 is $10,950.00 and the estimated staff costs for the enforcement of the violation is $1,632.90. Officer Alexander explained that the new property owner is requesting a reduction or release of the Code Enforcement lien against the property. And stated that they are working to improve the property and the outstanding lien would be a financial hardship in addition to the cost of the improvements done to the property. Linda Bunting testified on behalf of Jeanette Bunting. Ms. Linda Bunting stated that they were the mortgage holder of the property but they were not able to be on the property until after the foreclosure sale on November 17, 2010; at which time they worked diligently to bring the property into compliance to stop the lien and subsequently request a reduction or satisfaction of the Code Enforcement Lien. Ms. Bunting explained that they have already spent over twenty-two thousand dollars ($22,000.00) on back property taxes and water bills that Michael Zucco incurred. She added that expenditures for property improvements and legal fees bring the total to over thirty thousand dollars Code Enforcement Board Meeting Minutes February 17, 2011 Page 4 ($30,000.00); the current lien of ten thousand nine hundred and fifty dollars ($10,950.00) would be a financial hardship to the new owner. Ms. Bunting requested that the lien be reduced to staff costs. Motion by Mr. Viens, seconded by Mr. Mars, to recommend that City Council reduce the lien to staff costs in the amount of one thousand six hundred thirty-two dollars and ninety cents ($1,632.90). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:05 P.M. Approved on this day of , 2011. Mary Russell, Chairperson Joy Lombardi, Board Secretary 11wo�Vid, (51g1111 -(� JOL CITY OF CAPE CANAVERAL= APPLICATION FOR APPOITNMENT TO CITY ADVISOR; Pursuant to Section 2-171, Cape Canavc On City Code requires prospective and existing board members to Q r t' also prohibits a person from serving on a City Board or Car ((' vis convicted of a felony, unless their civil rights have been restaretj(iLU t Please complete the following in the space provided: A. GENERAL ' 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) Y (N) f 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y} (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) M 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? If yes to 4a, please list each: Page 1 of 4 (Y) (N) (Y) (N) `Y' 1. Applicant Name: 5 t G V., L V V 0 2. Home Address: oL to J t% 3. Home Telephone: 0-s(,) 4. Occupation: i ttr (uC'r _T 5. Business Telephone: b 1 k C a rr. O 1( 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) Y (N) f 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y} (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) M 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? If yes to 4a, please list each: Page 1 of 4 (Y) (N) (Y) (N) `Y' 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent ! f to a standard criminal background check before being VU" L r appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) {N) 6a. Are you related to a City of Cape Canaveral Council / member by blood, adoption, or marriage? (Y) (N) P - 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your intere t in serving on a City advisory bo rd or committee: �f (y G l 2. Briefly state any prior experiences in serving on any governmental board or committee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on t desired board or committee. /f, Ar 1.� a cow eoC'Alr ss0C b tC3Ui oi/1 0i 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. b. C. d. f.— 9 h.T i. j• Beautification Board Board of Adjustment* Business and Cultural Development Board Code Enforcement Board* Community Appearance Board* Construction Board of Adjustment and Appeals* Library Board Planning and Zoning Board* Recreation Board Other: *Member of these boards are required to complete and file with the supervisor of Flections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board Page 2 of 4 D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDE African-American Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. If you should have any questions regarding the completion of this application, please contact the City Clerk's Off' at (321) 868-1221. Signature: f Date: 3 ` Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 Page 3 of 4 For Office Use Only: I ©ate Appointed: (Appointed by: I Board Appointed to: (Term Expires: Page 4 of 4 CITY OF CAPE ANAVLRAL NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2010-00029 A Florida Municipal Corporation, 4/011/11 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 Cane Canaveral Code Enforcement Board on April 21. nn -1 T -T, nn __ _ _ ner _ .tip m� Y .1i y h I I ma — r�.�._ r !'1_,^ Lvi i, at 1.00 p.m. vi a$ slioii Theri.aii.�a as pvssiiii�.. he uetiri3-ig wiii be iieiu a`i. C IC �-Ry oi. i-UFe 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 5th 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 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 ISD this I Vh day f7 11, 2011 Duree Alexander, Code Enforcement Offic 7510 N Atlantic Avenue – P.O. Box 326 – Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 – Fax (321) 868-1247 vY vv v,. n�yflorida.co-1cgpe e-mail, cityofcapecanavera —nrg 5 14.1ty of Cape Canaveral CAPEIC'noP CODE ENFORCEMENT BOARD TYOFEftA! CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Watson L. Witt III Owner of the Property located at: 8103 Magnolia Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA E Yz OF LOT 15 & ALL LOT 16 BLK 9 PLAT BOOK 003 PG 007 Respondent, 1 Case #10-00029 5t" 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.myfiorida.com/Icape o 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. R Respondent was -resent at a d� lily noticed Compliance Hearing helyd by the Code p .. ,-. p.. ..1 . 7 Enforcement Board of the City of Cape Canaveral, Florida on January 20, 2011. 9. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on February 17, 2011. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until March 17. 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 Case #10-00029 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) ,s / 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 17th day of February, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 'A a4::�,Z C Mary Rus ll, Chairperson V Copies furnished to: Watson L. Witt II, 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 /9 day of .,eLrv42011. Joy L bardi, Board Secretary i Duree Alexander, Code Enforcement Officer Complainant, CityCapeof Canaveral Community Development Department NOTICE OF HEARING .NERAL tion, V. Respondent(s): Portview Inn & Suites, LLC dba Country Inn & Suites C/O Dale L. Cox, R. A. Location of the Violation: 9009 Astronaut Blvd, Cape Canaveral 32920 CASE No. 2010-00047 4/11/11 A 14—ARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 21, 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 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 D this 11th da of Apr112011 ,�'z 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 lVW-w.iIlyilOrlua.COnliCape e-mail: %ityDfica_p iaveral.org CITY OF CAPECANAVERAL City of ! Canaveral THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, Portview Inn & Suites, LLC dba Country Inn & Suites c/o Dale L. Cox, R.A. Owner of the Property located at: 9009 Astronaut Blvd. i rL nr�n Cape Canaveral, ii_ JLn�LnV LEGAL: PART OF S 1/2 OF S 1/2 OF N 1/4 LYING W OF ST RD #401 AS DES IN ORB 2704 PG 1181 Respondent, Case #10-00047 AMENDED ORDER IMPOSING PENALTY FOR REPEAT VIOLATIONS (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 Repeat 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 repeat violations of Section 110-555, Paving of Vehicular Use Areas; Section 110-492, Location of Spaces; Section 110-339, Off Street Parking and Access, of the City Code, exist or. existed upon the Property, as originally set forth in the Order of the Code Enforcement Board dated May 2, 2008, and Respondent was further provided a reasonable time to correct said violations; 7510 N. Atlantic Avenue ® Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 ® Fax: (321) 868-1247 www.myflorida.com/capt a email: ccapecanaveral@cfl.rr.com Case #10-00047 3. That Respondents either failed or refused to correct such violations within the reasonable time period provided in the Notice of Repeat 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 by allowing or refusing the correct repeat violations, to wit: Section 110-555, Paving of Vehicular Use Areas; Section 110-492, Location of Spaces; Section 110-339, Off Street Parking and Access, of the City Code; 5. That said violations continue to exist or existed within the City of Cape Canaveral and that same constitute violations 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 October 21, 2010. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent is notified that said violations constitute repeat violations under sections 162.06 and 162.09, Florida Statutes; 2. Respondent shall be given until April 21, 2011 to correct the repeat violations of the City Code on the Property and to post "No Parking" signs on the Property. If Respondent fails to correct the repeat violations 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 five hundred dollars ($500.00) per day 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 July 22, 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 #10-00047 DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of October, 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ 0 I, Chairperson Copies furnished to: Portview Inn & Suites, LLC (d/b/a Country Inn & Suites), 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 V ioiatioi ff has been i furnished by certified mail to the Resnnn•de'• �+ ls) and/nr Respondent's authorized representative on this 25 day of G0 -r bei- , 2010. Joy L bardi, Board Secretary l Duree Alexander, Code Enforcement Officer CITr OF CAPE CAK OF a' 4 µ�� �y- n*Ne Canaveral f CommunityCity Of Cali Development Department THE CITY OF CAPE CANAVERAL CASE No. 2010-00075 A Florida Municipal Corporation, 4/11/11 Complainant, V. Respondent(s): Randy Kummerfeldt, P.O. Location of the Violation: 7523 Magnolia Avenue, Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 21, 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. DAT this 1 lth day of April 2011 / 1 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 wvv vv.imyflorida.coiiu Cape e-mail: city-f-apecano-v a1 — City of Cape Canaveral Community Development Department DDE ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2010-00075 A Florida Municipal Corporation, Date: 2/11/2010 Complainant, V. Owner(s) of the property located at: 7523 Magnolia Avenue, Cape Canaveral, FI 32920 Respondent(s): Randy Kummerfeldt, P.O 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): 7523 Magnolia Avenue, Cape Canaveral, Florida 32920 2. Name and address of owner(s) of property where violation(s) exist: Randy Kummerfeldt 5748 Clinton Avenue, Minneapolis, MN 55419 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mvfiorida.com/cqpe e-mail: cityokapecanavera-Lorg Page 2 10-00075 Our office has received complaints regarding the condition of your property. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvement within the City. 3. Description of Violation(s) at property: Sec. 34-96. Standards established. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material, or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Sec. 34®99. Landscape Appeararbce and Maintenance. Landscapingi criteria 1 shall JAI I de but not be limited to the following: (1) All landscaped areas shall be maintained to present a neat and orderly appearance. (2) All dead or deteriorated plant material shall be promptly replaced and removed. RECOMMENDATION(S): 3. Recommendation to correct the violation(s) described above: • Trim and remove all dead vegetation to maintain a neat appearance • Repair and/or replace all deteriorated portions of the structure • Replace all missing and damaged screens. • Replace or repair all broken windows. • Trim all vegetation, and remove from property. • Remove all trash and debris from property. • Repair/Replace any other items not expressly stated that create an unsanitary condition(s), which constitute a blighting or deteriorating influence on the neighborhood. 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 ,'.-.ity of Cape Canaveral Community Development Department TOTICE OF HEARING 111E -11 l lll\.+1'11. L �l V r1 V liltt]L A Florida Municipal Corporation, Complainant, V. Respondent(s): Geoffrey M. Duggan Location of the Violation: 7306 Poinsetta Avenue, Cape Canaveral 32920 CASE No. 2010-00145 4/11/11 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 21, 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 1 Ith day of April 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 W'vy4v.ipawflorida.corru'cae e-mail: cityoffeapecanaveiai.org City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD [TY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION I n r, t.ii x yr ti.tirr. HNAVERAL A Florida Municipal Corporation, Complainant, a Owner(s) of the property located at: 7306 Poinsetta Avenue, Cape Canaveral, FI 32920 Respondent(s): Geoffrey M. Duggan Case No. 2010-00145 11/29/2010 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 VIOLATIONS) 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): 7306 Poinsetta Avenue, Cape Canaveral, Florida 32920 2. Name and address of owner(s) of property where violation(s) exist: Geoffrey M. Duggan 7306 Poinsetta Avenue, Cape Canaveral, Florida 32920 7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.Myfiorida.com/cal)e e-mail: cityofcapecanaverai.org 10-00145 Page 2 A site visit revealed the exterior condition of your property is in need of maintenance. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. 3. Description of Violation(s) at property: 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: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. Section 34-96, (d); Standards Established; Exterior property areas of all premises shall be kept free of all nuisances, later, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Section 34-98, (4); Building appearance and maintenance; (4)Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. RECOMMENDATION(S): 4. Recommendation to correct the violation(s) described above: • Remove the trash and debris from the property • Repair the holes and deteriorated portions of the property • Paint or resurface the exterior of the building Trim and remove all dead vegetation To include repairing and or placing any additional exterior deterioration not specifically expressed herein, i.e. soffit, doors, eaves. 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 City of Cape Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): David E. Lambert Location of the Violation: 7304 Poinsetta Avenue, Cape Canaveral 32920 CASE No. 2010-00149 4/11/11 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 21, 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. DA D this 11th day of April 2011 I I 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.myfiorida.com/cape e-mail: cityoicapecanaveral.org E City Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, 0 Owner(s) of the property located at: 7304 Poinsetta Avenue, Cape Canaveral, Fl 32920 Respondent(s): David E. Lambert Case No. 2010-00149 12/01/2010 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): 7304 Poinsetta Avenue, Cape Canaveral, Florida 32920 2. Name and address of owner(s) of property where violation(s) exist: David E. Lambert 7304 Poinsetta Avenue, Cape Canaveral, Florida 32920 7510 N Atlantic Avenue —P.O. Box 326— Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.rfiyfiorida.corri/cape e-mail: cityoicapecanavera-Lorg 10-00149 Page 2 A site visit revealed the exterior condition of your property is in need of maintenance. Continued good appearance depends on the extent and duality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. 3. Description of Violation(s) at property: Section 34-96, (d); Standards Established; Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions, which may create a health or fire, hazard or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect on the neighborhood. Section 34-98, (4); Building Appearance and Maintenance; Buildings should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be re -built or replaced. All surfaces shall be rnaintained free of excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. RECOMMENDATION(S): 4. Recommendation to correct the violation(s) described above: • Trim and remove all dead vegetation on your portion of the property • Repair the holes and deteriorated portions of the property • Paint or resurface the exterior of the building • To include repairing and or placing any additional exterior deterioration not specifically expressed herein, i.e. soffit, doors, 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. Lau Duree Alexander Code Enforcement Officer