HomeMy WebLinkAboutCEB AGENDA -06-23-11Roll Call
City
o Cape
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
201 POLK AVENUE
JUNE 23, 2011
7:00 P.M.
Establish Next Meeting Date: July 21, 2011
NEW BUSINESS:
1. Approval of Meeting Minutes: May 19, 2011
COMPLIANCE HEARINGS:
1. 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. 10-00130 - 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, (8010 N. Atlantic Ave.
Unit #4) — Delorse A. Kopitas, Property Owner.
2. Case No. 11-00030 — Repeat Violation of Section 301.1, General, of the Standard
Unsafe Building Abatement Code 1985 Edition, as adopted by Section 82-56, of
the City of Cape Canaveral Code of Ordinances, Section 34-96(d), Standards
Established; and Section 34-97(1), Duties and Responsibilities for Maintenance, of
the City of Cape Canaveral Code of Ordinances, (105 Justamere Rd.) — Donald J.
Regan, Jr.
3. Case No. 11-00031 — Repeat Violation of Section 110-468, Accessory Structure;
Section 34-96(d), Standards Established; and Section 34-97(1), Duties and
Responsibilities for Maintenance, of the City of Cape Canaveral Code of
Ordinances, (107 Justamere Rd.) — Donald J. Regan, Jr.
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
June 23, 2011
Pane 2
OLD BUSINESS:
Case No. 09-00148 — Violation of Section 34-97, Duties and Responsibilities for
Maintenance; and Section 34-98, Building Appearance and Maintenance, of the
City of Cape Canaveral Code of Ordinances, (6395 N. Atlantic Ave.) —Banana
River LP, dba Banana River of Delaware, LTD; North Atlantic Properties, LLC;
Helen M. Ward, R.A. (Application for Satisfaction or Release of Code Enforcement
Lien by Foster New Bern, Inc.)
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
MAY 19, 2011
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on May 19, 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
Raymond Viens
Walter Godfrey
Karen Hartley
Ralph Lotspeich
Lynn Mars
James Hale
OTHERS PRESENT
Duree Alexander
Susan Chapman
Todd Morley
Kate Latorre
Chairperson
Vice -Chairperson
Code Enforcement Officer
Recording Secretary
Building Department
Assistant City Attorney
The Board members established that the next meeting would be held on June 23, 2011.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: April 21, 2011.
Motion by Mr. Viens, seconded by Ms. Hartley, to approve the meeting minutes of April
21, 2011, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 19, 2011
Page 2
COMPLIANCE HEARINGS:
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 III, Property Owners.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
2. Case No. 10-00145 — Violation of Section 34-97(x, 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.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
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.
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 further stated that the property owner
has made a good effort to clean-up the property.
David Lambert, property owner, testified that the repairs were complete and that his
property was in compliance. Officer Alexander added that she was not able to verify
compliance due to the lateness of Mr. Lambert's request for a compliance inspection.
Officer Alexander respectfully requested that the Board find the respondent non-
compliance 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 and
amend the order to give the respondent until June 23, 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 Ms. Hartley, seconded by Mr. Viens, to accept staff's recommendation and find
the respondent in non-compliance and be given until June 23, 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
May 19, 2011
Page 3
'' � ■_moi \
Case No. 10-00140 - Violation of Section 303.1 General; and Section 303.7
Roofs and Drainage, of the International Property Maintenance Code (1998
edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances, (8713 Hibiscus Ct.) — Eleanor E. Nelson, 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 for the condition of the property. Officer Alexander stated that the roof is in
disrepair and possibly leaking.
Edmund Thurz, resident of adjoining property at 8711 Hibiscus Ct., testified that he is
diligent in the upkeep of his property, particularly the roof. Mr. Thurz stated that he was
notified of the condition of the adjoining roof and has concerns that his property could be
affected if the roof is not repaired.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 303.1, General; and Section 303.7, Roofs and Drainage, of the International
Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of
Cape Canaveral Code of Ordinances and impose a fine in the amount of two hundred fifty
dollars ($250.00) for the first day and one hundred dollars ($100.00) 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 impose a fine in the amount of two hundred fifty
dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter
until found in compliance. Vote on the motion carried unanimously.
Code C_rU__ enleft VOIll:_ e , D l@e Alexander
l CxatUeI explained 'that
'the Pl eCe Condominium Ui
Association, Inc.
was dissolved for lack of an annual report on September 26, 2008; the
property has fallen into a state of non-compliance; normally the Association would be
cited for violations; resultantly, each owner received a notice for the violations on the
property. Officer Alexander stated that there is one parcel with four buildings and four
units in each building. She further stated that since the violations were the same for the
units in each building; she would present the cases by building as follows: 209 Pierce
Ave., Units A -D; 211 Pierce Ave., Units A -D; 213 Pierce Ave., Units A -D; & 215 Pierce
Ave., Units A -D.
Code Enforcement Board
Meeting Minutes
May 19, 2011
Page 4
2. Case No. 10-00112 (A) — 10-113 (B) — 10-114 (C) — 10-115 (D) — Violation of
Section 504.1, General; Section 505.1, General; Section 505.3, Supply; Section
604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of the
International Property Maintenance Code (1998 edition), as adopted by Section
82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10, Fire
Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26,
of the City of Cape Canaveral Code of Ordinances, (209 Pierce Ave., Unit A -D).
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
violations for the building include: no water, an electrical violation in the common area,
overgrowth, weeds and trash in the common area, and expired fire extinguishers. Officer
Alexander stated that no one is currently living in the building.
Randall Webb, property owner of unit 209B, testified that, without the cooperation of the
other owners, he has contacted the City of Cocoa to have a separate meter put in for his
unit so he can be in compliance. Mr. Webb stated that there are no other owners living in
building.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 504.1, General; Section 505.1, General; Section 505.3, Supply; Section 604.3,
Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property
Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape
Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire
Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of
Ordinances and impose a fine in the amount of two hundred and fifty dollars ($250.00) for
the first day and one hundred dollars ($100.00) per day thereafter until found in
compliance.
Officer Alexander explained that the Board should make a motion for each case and unit.
She also stated that a handful of owners are trying to resolve the issues and others have
not made any effort to contact her or show up for the meeting. She further stated that for
this building owner 209B is trying to comply and the owner of 209C has also applied for
an individual water meter.
!�__ AI '10-001
11 it Arl (Unit
'1 (1l1l1A\.
Case 'No. 101-00 1 12 (,Unit LUSH.
Motion by Mr. Godfrey, seconded by Mr. Lotspeich, to accept staff's recommendation and
find the respondent in violation and impose a fine in the amount of two hundred and fifty
dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter
until found in compliance. Vote on the motion carried unanimously.
Case No. 10-00113 (Unit 209BX
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and
find the respondent in violation and be given 60 days to come into compliance or impose
a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one
hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the
motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 19, 2011
Page 5
Case No. 10-00114 (Unit 209C):
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and be given 60 days to come into compliance or impose
a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one
hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the
motion carried unanimously.
Case No. 10-115 (Unit 209D):
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and impose a fine in the amount of two hundred and fifty
dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter
until found in compliance. Vote on the motion carried unanimously.
3. Case No. 10-00116 (A) — 10-117 (B) — 10-118 (C) — 10-119 (D) — Violation of
Section 504.1, General; Section 604.3, Electrical System Hazards; and Section
302.4, Weeds, of the of the International Property Maintenance Code (1998
edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention
Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of
Ordinances, (211 Pierce Ave., Unit A -D).
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
violations for the building include: exposed plumbing outside unit A, an electrical violation
in the common area, overgrowth, weeds and trash in the common area, and expired fire
extinguishers. Officer Alexander stated that there is a tenant currently living in unit A and
unit D is occupied by the owner of that unit. She further stated that a representative is
present for unit C.
Luca Copellini, property owner & occupant of unit D, testified that he is contacted Officer
Alexander when he was having problems with the tenant in unit A. Mr. Copellini stated
that soon after he purchased the property and moved in the problems began to surface
with the property. Mr. Copellini explained that there are only three people to share the
entire property. He said that he met with Giuseppe Conoscenti, manager of two units,
because the water bills were going to him. Mr. Copellini further stated that he has
requested an individual water meter for his unit so that he would not be responsible for
the other units in the building. He also stated that he has met with the City Manager,
Building Official and City Treasurer to inquire about dividing the property into four parcels
and setting up an association for the condominium.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 504.1, General; Section 604.3, Electrical System Hazards; and Section 302.4,
Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted
by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10,
Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of
the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of one
hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until
found in compliance.
Code Enforcement Board
Meeting Minutes
May 19, 2011
Page 6
Officer Alexander explained that the Board should make a motion for each case and unit
as they did for the previous building. She recommended that the Respondents who are
making an effort to correct the problems with the building be given time to come into
compliance.
Case No. 10-00116 (Unit 211A):
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and impose a fine in the amount of one hundred dollars
($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in
compliance. Vote on the motion carried unanimously.
Case No. 10-00117 (Unit 211 B):
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and impose a fine in the amount of one hundred dollars
($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in
compliance. Vote on the motion carried unanimously.
Pam Chabot, Prudential Star Realty, stated that she obtained the property at the end of
last year. The first she heard of this Code Enforcement action was this week when a
potential buyer found the Notice posted on the property. She stated that she handles the
repairs, permits, and code violations for this property. Ms. Chabot stated that at the end
of last year they did an open code search on the property and it was clear.
Case No. 10-00118 (Unit 211 Q:
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and be given 60 days to come into compliance or impose
a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars
($50.00) per day thereafter until found in compliance. Vote on the motion carried
unanimously.
Case No. 10-00119 (Unit 211 D
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and
find the respondent in violation and be given 60 days to come into compliance or impose
a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars
($50.00) per day thereafter until found in compliance. Vote on the motion carried
unanimously.
4. Case No. 10-00120 (A) — 10-121 (B) — 10-122 (C) — 10-123 (D) — Violation of
Section 504.1, General; Section 604.3, Electrical System Hazards; and Section
302.4, Weeds, of the of the International Property Maintenance Code (1998
edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention
Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of
Ordinances. (213 Pierce Ave., Unit A -D)
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
Code Enforcement Board
Meeting Minutes
May 19, 2011
Page 7
violations for the building include: an electrical violation in the common area, overgrowth,
weeds and trash in the common area; and exnired fire extinrmishers. Officer Alexander
stated that there is only one tenant currently living in unit C. She stated that unit C is one
of two units that Giuseppe Conoscenti is managing.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 504.1, General; Section 604.3, Electrical System Hazards; and Section 302.4,
Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted
by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10,
Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of
the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of one
hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until
found in compliance.
Case No. 10-00120 (Unit 213&
Motion by Mr. Godfrey, seconded by Mr. Lotspeich, to accept staff's recommendation and
find the respondent in violation and impose a fine in the amount of one hundred dollars
($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in
compliance. Vote on the motion carried unanimously.
Case No. 10-00121 (Unit 213B):
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and impose a fine in the amount of one hundred dollars
($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in
compliance. Vote on the motion carried unanimously.
Case No. 10-00122 (Unit 2130
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and be given 60 days to come into compliance or impose
a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars
($50.00) per day thereafter until found in compliance. Vote on the motion carried
unanimously.
Case No. 10-00123 (Unit 213DI
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and impose a fine in the amount of one hundred dollars
($100.00) for the first day and fifty dollars (. --x.00) per day thereafter until found in
compliance. Vote on the motion carried unanimously.
5. Case No. 10-00124 (A) — 10-125 (B) — 10-126 (C) — 10-127 (D) — Violation of
Section 504.1, General: Section 505.1, General; Section 604.3. Electrical System
Hazards and Section 302.4, Weeds, of the of the International Property
Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of
Cape Canaveral Code of Ordinances: and NFPA 10, Fire Extinguishers, of the
Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape
Canaveral Code of Ordinances, (215 Pierce Ave.. Unit A -D).
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
Code Enforcement Board
Meeting Minutes
May 19, 2011
Page 8
violations for the building include: no water, an electrical violation in the common area,
overgrowth, weeds and trash in the common area, and expired fire extinguishers. Officer
Alexander stated that there is representation present for each unit except unit B.
Giuseppe Conoscenti, manager for unit A, testified that he had a tenant in the unit and at
the same time there was a tenant in unit D; however, that tenant would not help with the
water bill so his tenant stopped paying the bill. As a result, the meter was pulled.
Robert Johnson, representative of Suntrust Bank, stated that he received the Notice of
Hearing this Friday and is working to resolve the issues on the property. Mr. Johnson
requested an extension of time.
Maya Peterson, owner of unit D, testified that when she purchased the property there
was a home owners association in place and that she was paying $100.00 per month.
The fee then increased to $160.00. The money was sent to Mr. Lemmon. She said that
when she did not get a response from them she stopped paying. She testified that she
subsequently discovered that the association was dissolved. Ms. Peterson explained
that, it is her opinion, that the people will not get an association together; so she has
decided to get her own water meter so she will be able to rent the condominium again.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 505.1, General; Section 604.3, Electrical System Hazards; and Section 302.4,
Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted
by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10,
Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of
the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of two
hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per
day thereafter until found in compliance.
Case No. 10-00124 (Unit 215&.
Motion by Mr. Viens, seconded by Mr. Lotspeich, to accept staff's recommendation and
find the respondent in violation and be given 60 days to come into compliance or impose
a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one
hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the
...otion carried unanimously.
Case No. 10-125 (Unit 215B):
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and
find the respondent in violation and impose a fine in the amount of two hundred and fifty
dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter
until found in compliance. Vote on the motion carried unanimously.
Case No. 10-00126 (Unit 2150
Motion by Mr. Godfrey, seconded
find the respondent in violation and
a fine in the amount of two hundre
hundred dollars ($100.00) per dad
motion carried unanimously.
by Mr. Viens, to accept staff's recommendation and
be given 60 days to come into compliance or impose
d and fifty dollars ($250.00) for the first day and one
thereafter until found in compliance. Vote on the
Code Enforcement Board
Meeting Minutes
May 19, 2011
Page 9
Case No. 10-00127 (Unit 215D):
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and be given 60 days to come into compliance or impose
a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one
hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the
motion carried unanimously.
OLD BUSINESS:
Foreclose on the Code Enforcement Lien Request: per FS162.09(3) - Case No.
09-00191 — Mermaid Key, LLC c/o Janice Greene, R.A.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander read FS 162.09 which
states that after three months from the filling of any lien which remains unpaid, the
enforcement board may authorize the local governing body attorney to foreclose on the
lien or to sue to recover a money judgment for the amount of the lien plus accrued
interest. Officer Alexander testified that the lien was filed on February 24, 2010 and
stated that the current amount due is thirty-six thousand three hundred twenty-five dollars
($36,325.00).
Officer Alexander respectfully requested that the Board authorize the City Attorney to
foreclose on the lien or sue to recover a money judgment in the amount of thirty-six
thousand three hundred twenty-five dollars ($36,325.00) plus accrued interest on Case
No. 09-00191, Mermaid Key, LLC c/o Janice Greene, R.A.
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
authorize the City Attorney to foreclose on the lien or sue to recover a money judgment in
the amount of thirty-six thousand three hundred twenty-five dollars ($36,325.00) plus
accrued interest. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 9:37 P.M.
Approved on this day of 2011.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
Ity of Cape Canaveral
Community Development Department
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
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
06/10/11
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 23,
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 2nd Amended 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
FlI AL 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 10th day of June 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
uw,v.myflorida.comicape e-mail: cityofcapecanaveral.org
Complainant,
V.
NERAL,
ition,
City
,' Cape i. :' i' a :-
Portview Inn & Suites, LLC dba Country Inn & Suites
c/o Dale L. Cox, R.A.
Owner of the Property located at:
9009 Astronaut Blvd.
Cape Canaveral, FL 32920
LEGAL: PART OF S 1/2 OF S 1/2 OF N 114 LYING W OF ST RD #401 AS DES IN ORB 2704 PG 1181
-- Respondent,
(AMENDED AS O ADDITIONAL TIME)
Case #10-00047
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/cape 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
iVViUGU 1IUti�e VI I,earil,y uefore the %rUUe GIIcorce,IlelIt Board al a was present at the hearing',
N � p__n___ g.
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.
7. Respondent had a representative present at a duly noticed Compliance Hearing
held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 21, 2011.
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 June 23. 2011 to correct the repeat violations of
the City Code 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 Rcspol Idelllt fails to correct any and ail Violations vi, 11 le pl Upel ly witiii,I ti ie ti,iie
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 #10-00047
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
%-.a laver al 'Come, C is JU.5i G, 11i C LAt;. V1.
DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of April, 2011.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
?haluv e
Mary Russ 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 Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this 2G day of /(PrL ( 2011.
Joy Lo bardi, Board Secretary
Duree Alexander, Code Enforcement Officer
city of Cape Canaveral
Community Development Department
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V
Respondent(s):
Delorse A. Kopitas, P.O.
CASE No. 2010-00130
6/10/11
Location of the Violation:
8010 N Atlantic Avenue, Unit 4, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 23,
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 Dthis l Oth day of June, 20 1
uree Alexander, Cod6 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/care e-mail: cityofcapecanaveral.org
City of Cape Canaveral
Community Development Dep
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
I iLu v i i i vi 1-,rKr L 1.1t-UNrk v L;
A Florida Municipal Corporation,
Complainant,
V.
Owner(s) of the property located at: 8010 ATLANTIC AV N UNIT 4
$PARCEL #: 24 3723CG 13 904
Respondent(s):Delorse A Kopitas
Case No. 2010-00130
Date: 5/24/11
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):
8010 ATLANTIC AV N UNIT 4
2. Name and address of owner(s) of property where violation(s) exist:
Delorse A Kopitas
4570 Deanna Court
Merritt Island, FI 32953
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
2010-00130
A review of our records revieled that permit # 6879 for a remodel has expired without the required
final inspection. We have been waiting for the contractor to provide an affidavit on what was completed
and was it per submitted plans. No affidavit has been recieved at this time.
3. Description of Violation(s) at property: Sec.
Sec 82-31 Florida Building Code 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.
9hI,XLBC Sec. 105.1 Required. 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 required impact -resistant
coverings, electrical, gas, mechanical or plumbing system, the installation of 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.
9b�.FLBC Sec. 109.1 General. 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.
Recommendation to correct the violation(s) described above:
You will need to contact your contractor to re -apply for the permit and receive the required final
inspection to be in compliance.
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, please do not hesitate to contact our office at (321) 868-1222.
Michael Richart
Code Enforcement Officer
Respondent(s):
Donald J. Regan, Jr.
City of
41.i�1LeVe�v"e-1C®1Iuiity u
,VERAL
tion,
Location of the Violation:
105 Justamere Road, Cape Canaveral, FL 32920
CASE No. 2011-00030
6/10/11
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 23,
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 Repeat
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 BOART) 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 TED this 10th da of June, 20
uree Alexander, Code Enforcement Officer
7514 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
Uity
C* %;oml%itlj% uDevelopment Department
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF REPEAT VIOLATION
AVERAL
Complainant,
V.
Owner(s) of the property located at:
105 Justamere Road, Cape Canaveral, FL 32920
Respondent(s):
Donald J. Regan, Jr.
Case No. 2011-00030
5/16/11
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):
105 Justamere Avenue,
Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Donald J. Regan, Jr.
105 Justamere Avenue,
Cape Canaveral, FL 32920
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
mage
2011-00030
Your property has been posted "Unsafe" by Todd Morley, Building Official. The exterior condition of
your property is in need of maintenance and the removal of trash and debris and is considered a repeat
violation.
3. Description of Violation(s) at property: 82-56, Standard Unsafe Building Abatement Code 1985
edition as adopted.
301.1 General; The Building Official shall inspect or cause to be inspected any building, structure or
portion thereof, which is or may be unsafe. After the building official has inspected or caused to be
inspected a building, structure or portion thereof and has determined that such building, structure or
portion is unsafe, he shall initiate proceedings to cause the abatement of the unsafe condition by
repair, vacation or demolition or combination thereof.
City of Cape Canaveral Code of Ordinances:
Section 34-96 (d), Standards Established; Exterior properly areas of all premises shall be kept
free of all nuisances, litter, rubbish, debris, objects, materials, or conditions, which may create a
health or fire hazard. Exterior property areas shall be free of unsanitary conditions, which
constitute a blighting or deterioration 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 34-97, (1), Duties and Responsibilities for Maintenance: 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.
4. Recommendation(s) to correct the violation(s) described above:
• You must repair the interior of the structure floor,
• You must repair or replace any unsafe portions of the interior structure, which are found to be
unsafe upon inspection of the floor,
• Remove the trash and debris from the property,
• Repair the skirting around the structure,
• Replace the window screens on the structure.
• The structure and surrounding property shall be maintained in safe and sanitary condition.
NOTICE: If the structure is to be repaired you must start the repairs within ten (10) days from receipt of
this notice and the repairs must be completed and inspected by the Building Official within thirty (30)
days from receipt of this notice or the building official may cause the structure to be vacated, removed
and/or demolished.
Page3
20"1LV 1 1-VVV�U
All person(s) having any legal interest in the property may appeal the notice by the Building Official to
the Board of Adjustment and Appeals. The appeal must be in writing and filed with. the Building Official
within thirty (30) days from the date of this notice. Failure to appeal in the time specified will constitute a
waiver of all rights to an administrative hearing.
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, (32 1)
868-1222.
rl,
Duree Alexander
Code Enforcement Officer
City
Community Development Department
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V
Respondent(s):
Donald J. Regan, Jr.
Location of the Violation:
107 Justamere Road, Cape Canaveral, FL 32920
CASE No. 2011-00031
6/10/11
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 23,
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 Repeat
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.
LD*D this l Oth day of June, 1
Duree Alexander, Code Enforcement Officer
7510 N Atlantic Avenue — P.Q. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cape e-mail: cityofcapecanaveral.org.
City of
CO�iIT1<uni�y Development cepa eni
CODE ENFORCEMENT BOARD
'ITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF REPEAT VIOLATION
,VERAL
ition,
V.
Owner(s) of the property located at:
107 Justamere Road, Cape Canaveral, FL 32920
Respondent(s):
Donald J. Regan, Jr.
Case No. 2011-00031
5/16/11
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
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):
107 Justamere Avenue,
Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Donald J. Regan, Jr.
105 Justamere Avenue,
Cape Canaveral, FL 32920
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
w,Ay.myflorida.com/caye e-mail: cityofcapecanaveral.org
Page 2
v-On211ii t
V`.,, �< E,t 11 ,<fr ;T a' i„ t� l;�Te ;., + �],e a ]� +e t 1 !1'7 T e+.,.,,.r rr R n St W-4tv f, �, ]
u in net, all iv�dua s s .. ... the ca, d at .v. .,rtr,LCUli +iv vad � tai.. itnessed.
two women residing in the shed with beds on 5/10/11 and again on 5/11/11. This is a repeat
violation.
3. Description of Violation(s) at property: Section 110-468; Accessory Structure; No
accessory building shall be used for any permanent living quarters; it shall contain no kitchen or
cooking facilities. It is not to be rented or otherwise used as a separate dwelling.
City of Cape Canaveral Code of Ordinances:
Section 34-96 (d), Standards Established; Exterior property areas of all premises shall be kept
free of all nuisances, litter, rubbish, debris, objects, materials, or conditions, which may create a
health or fire hazard. Exterior property areas shall be free of unsanitary conditions, which
constitute a blighting or deterioration 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 34-97, (1), Duties and Responsibilities for Maintenance: 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.
4. Recommendation(s) to correct the violation(s) described above:
• Remove the mattresses from the shed and the exterior area of the shed,
• Do not allow anyone to reside in the shed,
• Clean up the lot by removing the trash and debris,
• Maintain the property by mowing and removal of the trash and debris on a regular basis.
Failure to comply withiri ten (10) days from receipt of this Notice shall result in further action,
as o�d tli.ned in the nra�rinns narra(cl of thia XTntina of tTinl�tinn
f.idrriv i 6v\"l vi uii.r l,_� _v vi r ..........
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.
LDuree�Alexander
Code Enforcement Officer
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN JUN 0 7 2U11
!''O --F TL'!lD!''L'X1F TT (� A OF -E: 7nnn nn1 AO APPY it PP - TION ��E. e d �e� , n G=.J
APPLICANT: Foster New Bern Inc
ADDRESS: 104 South Main Street
DATE:
CITY: Greenville STATE: South Carolina ZIP: 29601
NATURE OF VIOLATION(S): Damaged portions of the structure and making parking Iot free from erosion, properly
marked and clear of litter and debris.
ADDRESS OF SUBJECT PROPERTY: 6395 North Atlantic Avenue, Cape Cananveral, FL 32920
DATE FINE/LIEN IMPOSED: January 2, 2010 AMOUNT: $250 J $88,500/DAY OR TOTAL
COMPLIANCE DATE: December 21 2010
RELIEF REQUESED: ATISFACTION t REDUCTION (Cirle one) IF REDUCTION, THE APPLICANT
PROPOSES $ 0.00 AS THE AMOUNT OF THE REDUCED FINE
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE
GRANTED: Upon the bank becoming aware of the code violation a meeting was held with Todd Morley and Duree Alexander
on January 6, 2010 to discuss the bank's inability to take any action until the foreclosure was completed and the bank taking
ownership. The plan was for the bank to pay for the demolition upon taking ownership of the property. Unfortunately the
owners filed bankruptcy and the bank was unable to bring into compliance.
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
Maintain compliance with the code in place.
THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE
PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED:
The bank has completed the foreclosure and we were unable to take the action discussed with code enforcement until we
become owner of the_property. Fortunately it has been brought into compliance by the owner.
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
INCLUDING BUT NO LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
REDUCTION OR SATISFACTION OF PENALTY OR FINE: In order to obtain clean title to the property, this matter must
be resolved and the lien terminated. The proactive measure taken by the bank should be an indicator to the city of our desire
to bririzthe property into compliance.
Date:
plicant's Signaturef�5 �
STATE OF �IV
COUNTY OF
BEFORE ME the undersigned authority did personally appear N t 19. 4 AJ , who _
15 (ACLS tJEM tjj�,1 %rJtJ and who after being placed under oath, swore or affirmed the information
contained within this application is true and correct I/ ,
1Oj. ' ��TA� ��� a y is
jf
_ JASON JOSEPH SPANN
A U 1 Notary P'ubl'ic, M8M
s -My CommLuiw Expires September 15, 2012
�1ltRililttlt� OR STAFF USE ONLY
APPLICATION FEE: S
RECEIVED BY CITY ON
COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON
CODE ENFORCEMENT REVIEW ON
CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES
ACTION OF CITY COUNCIL: APPROVED: DENY:
APPROVE WITH FOLLOWING CONDITIONS:
DATE OF COUNCIL ACTION:
TO WIT: ON OR BEFORE
Certificate of the Assistant Secretary
Foster New Bern, Inc.
I, Lydia B. Mcilwain, being the duly elected Assistant Secretary of Foster New Bern, Inc. (the
"Corporation"), hereby certifies that the following is a true copy of the Resolutions of the
Board of Directors of the Corporation, taken and approved by Unanimous Written Consent
dated December 31, 2010, and that said Resolutions have not been modified and are in full
force and effect as of the date hereof:
"RESOLVED: To elect the following persons to the office opposite their names to serve
until the next Annual Meeting of Directors or until their earlier resignation
or removal from office.
Mark Lawler President
John Preble Treasurer
Joseph Guimond Vice President
Dana P. Wedge Vice President
Florinda D. Franklin Vice President
Mike Staid Vice President
Robert Milam Vice President
Thomas Doyle Vice President
Barry Beldin Vice President
Randy S. Garfinkle Vice President
RESOLVED: That the above-named officers of the Corporation are hereby authorized
and empowered to execute and deliver deeds and other sale closing
documentation, licenses, assignments and releases; contracts, agreements,
leases, purchase and sales agreements for purchase, lease, or other
acquisition or the disposition of real and personal property for and on
behalf of the Corporation and in furtherance of the business and the
interests of the Corporation"
Dated: May 6, 2011
Lydia . Mcllwain, Assistant Secretary
STATE OF MAINE
CUMBERLAND, SS. May 6, 2011 t
Personally appeared the above-named Lydia B. McIlwain, Assistant Secretary of P,e�teiNew`_'
Bern, Inc., who made oath that the foregoin Certificate by her subscribe d true.
Notary Public
DANA M. SEE t1 H
Notary Public, Maine
' orn?t i=�€ Exna=es January 16, 2016