HomeMy WebLinkAboutCEB AGENDA PKT -07-21-11Roll Call
Cape Canaveral
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
201 POLK AVENUE
JULY 21, 2011
7:00 P.M.
Establish Next Meeting Date: August 18, 2011
NEW BUSINESS:
1. Approval of Meeting Minutes: June 23, 2011
COMPLIANCE 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. 10-00113 —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, (209 Pierce Ave., Unit B) —
Carolyn S. Baker -Scherer & Randall L. Webb, Property Owner.
Case No. 10-00122 — 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 C) — ESO Investments,
LLC, c/o Faro & Associates, P.A.
4. Case No. 10-00124 —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) — Dotan
Schachter, Property Owner.
7510 N. Atlantic Avenue m Post Office Box 326 e Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.myflorida_com/cape - email: ccapecanaveral@cfl.rr.com
Code Enforcement Board
Agenda
July 21, 2011
Page 2
5. Case No. 10-00126 —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 C) —
Suntrust Mortgage Inc., dba Suntrust Bank, c/o Ben Eva & Katz, P.A.
PUBLIC HEARINGS:
Case No. 11-00039 - Violation of Section 34-122(b), Public Nuisances Prohibited,
of the City of Cape Canaveral Code of Ordinances, (Vacant Parcel — ID#24-37-15-
00-00026.0-0000.00) — E. Stephen Stroud & Grace D. Ramsey, Property Owners.
OLD BUSINESS:
Case No. 10-00132 - Violation of Section 34-122(b), Public Nuisances Prohibited;
and Section 110-470, Fences, Wall, and Hedges, of the City of Cape Canaveral
Code of Ordinances, (Vacant Parcel — ID#24-37-15-00-00753.1-0000.00) — PI
Holdings #1 Inc., Property Owners. (Application for Satisfaction or Release of
Code Enforcement Lien by PI Holdings #1, 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
JUNE 23, 2011
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on June 23, 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
James Hale
Karen Hartley
Ralph Lotspeich
Lynn Mars
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Todd Morley
Kate Latorre
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Building Official
Assistant City Attorney
The Board members established that the next meeting would be held on July 21, 2011.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: May 19 2011.
Motion by Mr. Viens, seconded by Mr. Godfrey, to approve the meeting minutes of May
19, 2011, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 23, 2011
Page 2
COMPLIANCE HEARINGS:
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.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that the
respondent has failed to comply and is continuing to allow parking on the grass. Officer
Alexander stated that staff has documented 76 days that the violation has continued to
occur. Officer Alexander stated that the fine was previously established at $500 per day.
Kent Oliver, Partner of Portview Inn & Suites, LLC, testified that they have tried to be
good corporate citizens and have expanded the parking by 52 parking spaces. Mr. Oliver
explained that they have been working to get a restaurant on the front pad; however,
given the current economy, that has not been successful. He further explained that the
dilemma is that the Port ships have changed schedules and the overlap is exceeding
what they expected for the extra parking. Mr. Oliver stated that a $38,000.00 fine would
be devastating to the company and proposed to spend the money to expand the overflow
parking. Mr. Oliver further stated that the current City Code requires landscape and
islands within the parking area and asked if he would be permitted to install the island
and landscape along A1A so he would not have to tear it out in the event of a restaurant
being built at that location.
Building Official, Todd Morley, stated that the Zoning Code does not give Staff the
authority to alter the previsions of the Code. Mr. Morley further stated that a variance is
the only way, if it qualifies to be a variance.
City Attorney, Kate Latorre, stated that she was not sure that he could get a variance for
the landscape and curb island requirements of the Zoning Code.
Ed Kortum, representative for Country Inn & Suites, testified that the additional 52 parking
spaces initially worked; however since the cruise ships changed the schedules they are
getting more cars parking there than they expected. Mr. Kortum stated that they did not
foresee this problem.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance 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 the fine in the amount of five hundred dollars
($500.00) per day be imposed for the dates established by staff (76 days) and continue to
accumulate for every day documented by staff until found in compliance.
Discussion followed regarding additional time to allow the respondent to apply for a
permit to expand the parking.
Code Enforcement Board
Meeting Minutes
Tune 23, 2011
Page 3
Shannon Roberts stated that during the visioning efforts, the group envisioned A1A to be
a scenic artery for the City with tree lined streets and not intended for cruise parking.
Country Inn & Suites went beyond the additional 52 spaces and Ms. Roberts expressed
her concerns that if they are allowed to increase the parking, it could set a precedent and
the City could become the "Parking Lot for the Port". She stated that it is her belief that
cruise parking was not what was envisioned for the City. Discussion followed.
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation with the
addition of giving the respondent 90 days to submit a permit application to obtain
additional permitted parking, or impose the fine in the amount of five hundred dollars
($500.00) per day until found in compliance. Vote on the motion carried unanimously.
Mr. Morley asked the Board to clarify for the record that the Board is not weighing in on
the Code requirements for design standards for parking lots being relaxed. It was the
consensus of the Board that they were not.
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.
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 work without a permit. Officer Alexander stated that the owner initially
applied for the permit; however it required a licensed contractor. She further stated that a
contractor was issued a permit for the work but the inspector required the contractor
submit an affidavit to certify the work was performed per the plans and Building Codes.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida
Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of
Ordinances and be given until July 21, 2011 to come into compliance.
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in violation and be given until July 21, 2011 to come into compliance.
Vote on the motion carried unanimously.
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.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review.
Code Enforcement Board
Meeting Minutes
June 23_,2011
Page 4
Officer Alexander testified that the violations are for an unsafe structure and the condition
of the property. Officer Alexander stated that, following a complaint regarding the
condition of the property, Deputy Hoffman conducted a foot patrol of the area and noticed
that the structure had several spots where there was no floor and appeared to be unsafe.
She further testified that on May 11, 2011, the property was posted `Unsafe' by the
Building Official. Officer Alexander stated that the respondent has been cited on many
occasions for Building Appearance and Maintenance, Standards Established, & Duties
and Responsibilities for Maintenance and the property continues to be a nuisance.
Donald Regan, property owner, testified that it costs over a thousand dollars to fix the
property and stated that he is ready for an inspection.
Donna Finn, Mr. Regan's roommate, requested additional time to comply if the inspection
did not pass. Officer Alexander stated that they have an appointment to do the inspection
on Monday morning (June 27, 2011).
Truman Jones, Manager of the neighboring Carvers Cove Trailer Park, testified that they
have had problems with this property since 2006. Mr. Jones stated that Mr. Regan has
allowed people to live in the storage building and behind the building on mattresses. Mr.
Jones further stated that the property is nasty and has been a nuisance to their property
next to Mr. Regan's. He said that they have had to call the police 15 or 20 times this year
alone and he would like to see something done to force him to clean up the property.
Officer Alexander respectfully requested that the Board find the respondent in 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 and be
given until July 21, 2011 to come into compliance or impose a fine in the amount of two
hundred and fifty dollars $250.00) per day retroactively beginning on May 11 2011, until
found in compliance; and
Officer Alexander respectfully requested that the Board find the respondent a repeat
violator of 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 and
be given until July 21, 2011 to come into compliance or impose a fine in the amount of
five hundred dollars ($500.00) per day retroactively beginning on May 11 2011, until
found in compliance
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and
find the respondent in violation, and be given until July 21, 2011 to come into compliance
or impose the fines as stated in the recommendation. Vote on the motion carried
unanimously.
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
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review.
Code Enforcement Board
Meeting Minutes
June 23, 2011
Page 5
Officer Alexander testified that this is a repeat violation for allowing people to sleep in the
shed. Officer Alexander stated that, following a complaint regarding people living in the
shed, an inspection was conducted with Deputy Hoffman. During the inspection the
officer observed two females inside the shed, mattresses on the floor, a chair in the
corner, and personal items inside. Ms. Williams told the officer that she was staying in
the shed because she was homeless. Also, Mr. Regan told the officer that he helps
women that are homeless by giving them somewhere to stay. Officer Alexander testified
that she observed a female asleep on a mattress in the shed.
Mr. Regan, property owner, testified that he let a woman that was beat up by her
boyfriend sleep in his shed for one night. He further stated that he did not know about the
others.
Truman Jones, Manager of the neighboring Carvers Cove Trailer Park, testified that the
entire area is a mess and he has asked him to clean up the property and the City has
asked him to clean up the property. Mr. Jones stated that every night Mr. Regan has
drunks sleeping in the shed and in the yard. Mr. Jones further stated he would like to see
this stop.
Officer Alexander respectfully requested that the Board find the respondent a repeat
violator 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 and impose a fine in the amount of five
hundred dollars ($500.00) for May 10, 2011 and five hundred dollars ($500.00) for May
11, 2011, including all cost associated with the enforcement of the violation.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in violation and impose a fine in the amount of five hundred dollars
($500.00) for May 10, 2011 and five hundred dollars ($500.00) for May 11, 2011. Vote on
the motion carried unanimously.
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.).
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
property was brought into compliance by the former property owner, Banana River LP, on
December 21, 2010. Officer Alexander stated that the bank took position of the property
via foreclosure and is requesting a satisfaction or release of lien. The total of the
outstanding lien is $88,500.00.
Code Enforcement Board
Meeting Minutes
June 23, 2011
Page 6
Rusty Mouton, Representative for Foster New Bern, Inc., testified that they filed a
foreclosure suite on the property; however, the complainants filed bankruptcy which
delayed the process. Mr. Mouton stated that, upon being aware of the violation, they
contacted Code Enforcement and agreed to pay for the demolition of the building as soon
as they took ownership of it; meanwhile the building was brought into compliance. Mr.
Mouton further stated that they were proactive to remedy the situation and is requesting a
satisfaction or reduction of the lien.
Officer Alexander respectfully requested that the Board recommend reduction of the
Code Enforcement Lien to staff costs in the amount of $2,771.80, plus the City Attorney's
costs which, to date, have not yet been tabulated.
Motion by Mr. Godfrey, seconded by Mr. Viens, to recommend that City Council reduce
the lien to staff costs in the amount of two thousand seven hundred seventy-one dollars
and eighty cents ($2,771.80), plus the City Attorney's costs. Vote on the motion carried
unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:45 P.M.
Approved on this day of
Joy Lombardi, Board Secretary
2011.
Mary Russell, Chairperson
City of Cape Canaveral
Community Development Department
CITY OF
C�E C.PI,vr NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2010-00130
A Florida Municipal Corporation, 7/11/11
Complainant,
V
Respondent(s):
Delorse A. Kopitas, P.O.
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 July 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,
V4rHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
DAT D this 1 l th day of July, 2011
n
t
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
wnvN7,r.my florida.co?rJcape e-mail: cityofcapecanaveral.org
City of
Cape Canaveral
CITY OF
CAPE CANAVERAL CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #10-00130
A Florida municipal corporation,
Complainant,
V.
Delorse A. Kopitas
Owner of the Property located at:
8010 N. Atlantic Ave.," Unit 4
Cape Canaveral, FL 32920
LEGAL: 8010 COMMERCIAL CONDO AS DESC IN ORB 2487 PG 1385 AND ALL AMENDMENTS THERETO. PLAT BK 0003 PG 0007
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the Code
Enforcement Board of the City of Cape Canaveral, Florida, on June 23, 2011 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 105. 1, Permit Required; and Section 109. 1, Inspections
General, of the Florida Building Code, as adopted by Section 82-31, of the City Code, exist or
existed upon the Property and Respondent was further provided a reasonable time to correct said
violation;
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;
7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
wwwmvriorida.com/cape > email- ccapecanaveral@cfi.rr.com
Case #10-00130
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 105.1, Permit Required; and Section 109.1, Inspections General, of
the Florida Building Code, as adopted by Section 82-31, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOINGAND CONCLUSIONS,
J*RDE
1. Respondent be given until July 21, 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_ Respondent shall be responsible to
provide notice of such violation being corrected to the Code Enforcement Officer. Upon such
confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve as
a lien against the Property and any other real or personal property owned by the Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not
to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first
day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of June, 2011.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russ II, Chairperson
Case #10-00130
Copies furnished to:
Delorse A. Kopitas, 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 2q day of Z-y/te_ , 2011.
Jo��nbardi, Board Secretary
XL
uree Alexander, Code Enforcement Officer
City of Cape Canaveral
Community Development Department
NOTICE OF HEARING
ERAL
n,
Complainant,
V
Respondent(s):
Carolyn S. Baker -Scherer & Randall L. Webb
Location of the Violation:
209 Pierce Avenue, Unit B, Cape Canaveral, FL 32920
CASE No. 2010-00113
7/11/11
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 Revised Notice of
Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are
corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape
Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
D ED this 1 ith day of July, 2011
Duree Alexander, Code Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cgpe e-mail: cityofcapecanaveral.org
City . O Canaveral
"TM°F CODE ENFORCEMENT BOARD
CAPE CANAVERAL
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #10-00113
A Florida municipal corporation,
Complainant,
V.
Carolyn S. Baker -Scherer & Randall L. Webb
Owner of the Property located at:
209 Pierce Ave., Unit B
Cape Canaveral, FL 32920
LEGAL: UNIT 209B PIERCE CONDO AS DESC IN ORB 5624 PG 1776 AND ALL AMENDMENTS THERETO
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2011 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 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 Code, exist or existed upon the Property and
Respondent was further provided a reasonable time to correct said violation;
7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.myflorida.com/capt a email: ccapecanaveral@cfl.rr.com
Case # 10-00113
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 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 Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given 60 days 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 two hundred and fifty dollars ($250.00) for the first day and one hundred dollars
($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by
the Code Enforcement Officer. Respondent shall be responsible to provide notice of such
violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code
Enforcement Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
Case #10-00113
DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of May, 2011.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russi,
Chairperson
Copies furnished to:
Carolyn S. Baker -Scherer & Randall L. Webb, 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 25 day of o<,e!( , 2011.
Joy L bardi, Board Secretary
Duree Alexander, Code Enforcement Officer
City
Canaveral
Community Development Department
ITY OF
NOTICE OF HEARING
C
CAPE CAKAYERAC
THE CITY OF CAPE CANAVERAL CASE No. 2010-00122
A Florida Municipal Corporation, 7/11/11
Complainant,
V
Respondent(s):
ESO INVESTMENTS, LLC
ESO INVESTMENTS, LLC C/O Faro & Associates, P.A.
Location of the Violation:
213 Pierce Avenue, Unit C, Cape Canaveral, FL 32920
A 14EARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 Revised 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.
DAD this 1 lth d o uly, 2011
Duree Alexander, Code nforcement Officer
7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
wNATw.myflorida.com/cape e-mail: cityofcapecanaveral.org
�4City of Cape Canaveral
CITY OF CODE ENFORCEMENT BOARD
F'TA
APE GANAVENAL
CITY OF CAPE CANAVERAL, FLORIDA
HE CITY OF CAPE CANAVERAL, Case #10-00122
Florida municipal corporation,
Complainant,
V.
ESO Investments LLC
Owner of the Property located at:
213 Pierce Ave., Unit C
Cape Canaveral, FL 32920
LEGAL: UNIT 213C PIERCE CONDO AS DESC IN ORB 5624 PG 1776 AND ALL AMENDMENTS THERETO
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2011 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 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 Code, exist or existed upon the Property and Respondent was
further provided a reasonable time to correct said violation;
7510 N. Atlantic Avenue a Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 '- Fax: (321) 868-1247
wwwmyflorida.com/cape 6 email ccapecanaveralCcfl.rr.com
Case #10-00122
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 had representation present at the
hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: 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
Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given 60 days 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 fifty dollars ($50.00) per day
thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
Case #10-00122
DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of May, 2011.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
_P6_4111 /ezzd="� , -
Mary Russ Il, Chairperson
Copies furnished to:
ESO Investments LLC, 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 ,.:?5 day of 14a4c , 2011.
Joy Lo bardi, Board Secretary
Duree Alexander, Code Enforcement Officer
City of Cape Canaveral
Community Development Department
CITY or
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No, 2010-00124
A Florida Municipal Corporation, 5/02/11
Complainant,
V
Respondent(s):
Dotan Schachter
Location of the Violation:
215 Pierce Avenue, Unit A, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 Revised 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.
A ED this 2nd day of May, 2011
Duree Alexander, Code Enforcement O 1 r
7510 N Atlantic Avenue --- P.O. Box 326 Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cMe e-mail: cityofcapecanaveral.org
ulty of Cape
_ t.r _li.
cirroF 7- CODE ENFORCEMENT BOARD
CAPE CAtiAVESiAL
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
Case #10-00124
A Florida municipal corporation,
Complainant,
V.
Dotan Schachter
Owner of the Property located at:
215 Pierce Ave., Unit A
Cape Canaveral, FL 32920
LEGAL: UNIT 215A PIERCE CONDO AS DESC IN ORB 5624 PG 1776 AND ALL A�AENDMENTS THERETO
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19,
2011 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 oterwise
this fully Orderdvised, makes the as set forth herein. following Findings
of Fact and Conclusions of Law incorporated
Findin sof 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 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 Code, exist or existed upon the Property and
Respondent was further provided a reasonable time to correct said violation;
7510 N. Atlantic Avenue ° Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.myflorida.com(cape < email: ecapecanaveral@cfl.rr.com
Case #10-00124
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 had representation present at the
hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: 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 Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given 60 days 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 two hundred and fifty dollars ($250.00) for the first day and one hundred dollars
($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by
the Code Enforcement Officer. Respondent shall be responsible to provide notice of such
violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code
Enforcement Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
Case #10-00124
DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of May, 2011.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Owl II, Chairperson
Copies furnished to:
Dotan Schachter, 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 ,:?5 day of 1`Za , 2011.
Joy L bardi, Board Secretary
Duree Alexander, C de Enforcement Officer
City of CaCanaveral
Community Development Department
CITY OF
�`a""`�"` NOTICE OF HEADING
THE CITY OF CAPE CANAVERAL CASE No. 2010-00126
A Florida Municipal Corporation, 7/11/11
Complainant,
V
Respondent(s):
Suntrust Mortgage Inc., dba Suntrust Bank, C/O Ben Eva & Katz, P.A.
Location of the Violation:
215 Pierce Avenue, Unit C, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 Revised Notice of
Violation attached as EX14MIT "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 V1, of the City of Cape
Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, 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
.l /D this 11th da of July, 2011
uree Alexander, Code Enforcement --
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.mvflorida.com/cape e-mail: cityofcapecanaveral.org
City
:!. p.Canaverao
-
CITY OF
FCAPE CANAVERAL CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #10-00126
A Florida municipal corporation,
Complainant,
V.
Suntrust Bank c/o Ben Eva & Katz, P.A.
Owner of the Property located at:
215 Pierce Ave., Unit C
Cape Canaveral, FL 32920
LEGAL: UNIT 215C PIERCE CONDO AS DESC IN ORB 5624 PG 1776 AND ALL AMENDMENTS THERETO
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2011 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 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 Code, exist or existed upon the Property and
Respondent was further provided a reasonable time to correct said violation;
7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - Fax: (321) 868-1247
www.myflorida.com/cape - email: ccapecanaveralCcfl.rr.com
Case #10-00126
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 had representation present at the
hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: 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 Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given 60 days 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 two hundred and fifty dollars ($250.00) for the first day and one hundred dollars
($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by
the Code Enforcement Officer. Respondent shall be responsible to provide notice of such
violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code
Enforcement Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is 1 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 #10-00126
DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of May, 2011.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
7
Mary Russ I, C airperson
Copies furnished to:
Suntrust Bank c/o Ben Eva & Katz, P.A., 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 ;�25 day of 9`l-,/ , 2011.
Joy L bardi, Board Secretary
Duree Alexander, Code Enforcement Officer
City Of Cape Canaveral
Community Development Department
NOTICE OF HEARING
Ctrr OF
CAPECANAY[pAt
THE CITY OF CAPE CANAVERAL CASE No. 2011-00039
A Florida Municipal Corporation, 7/11/11
Complainant,
V.
Respondent(s):
E Stephen Stroud & Grace D. Ramsey, H/W
Location of the Violation:
Vacant Lot on Astronaut Blvd know as A Parcel of land In the NE 'A Lying E of Astronaut Blvd,
N of ORB 3623 PG 2263 and W & S of ORB 3576 PG 261.8 of Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on
July 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 i lth day of July, 2011
&'Cx� 1 ..0
Duree Alexander
Code Lr c""venue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.mvflorida.com/c42e e-mail: cityofcapecanaveral.org
City oCape Canaveral
Community Development Department
CODE ENFORCEMENT BOARD
JTY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
[AVERAL
ration,
Complainant,
V.
Respondent(s):
E Stephen Stroud &Grace D Ramsey, H/W
Case No. 2011-00039
6/28/11
Owner(s) of the property located at:
Vacant Lot on Astronaut Blvd know as A Parcel of land In the NE'/4 Lying E of Astronaut Blvd,
N of ORB 3623 PG 2263 and W & S of ORB 3576 PG 2618 of Cape Canaveral, FL 32920
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):
NE 1/4 Lying E of Astronaut Blvd
2. Name and address of owner(s) of property where violation(s) exist:
E Stephen Stroud & Grace D Ramsey H/W
3605 Glenwood Avenue Suite 100
Raleigh, NC 27612
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.myflorida.com/cUe e-mail: cityofeapecanaveral.org
Page 2
2011-00039
You were contacted on May 24, 2411, and informed that your lot was overgrown and
staff was told that the property would be mowed within two weeks of that date. To date
the property has not been mowed.
3. Description of Violation(s) at property: 34-122, (b) Public Nuisance Prohibited: All
unimproved property in the city shall be maintained in a manner such that weeds and
rank vegetation shall not exceed 12 inches in height.
Section 34-123, (a) Notice to Remedy Nuisance: If the code enforcement officer finds
and determines that a public nuisance as described and declared in section 34-122 exists,
he shall notify the owner of record of the offending property in writing and demand that
such owner cause the condition to be remedied. The notice shall be given by registered or
certified mail, addressed to the owner of the property described as his name and address
is shown upon the record of the county tax appraiser and shall be deemed complete and
sufficient when so addressed and deposited in the United States mail with proper postage
prepaid. If such notice is returned by postal authorities, the code enforcement officer shall
cause a copy of the notice to be served by a law enforcement officer upon the occupant of
the property or upon any agent of the owner thereof. If personal service upon the
occupant of the property or upon any agent of the owner cannot be performed after
reasonable search by a law enforcement officer, the notice shall be accomplished by
physical posting on the property.
(b) The notice shall be in substantially the form which is on file in the city clerk's office.
Section 34-126, Remedy by City: (a) Upon failure, neglect or refusal of any owner or
agent notified as provided in this article to cut, destroy or remove weeds, grass, trash,
rubbish or other matters as required under the notice provided in section 34-123, within
ten days upon receipt of the notice, the city may, in addition to other penalties provided
for in this Code, pay for the cutting, destroying or removing of such material or effect the
removal by the city.
4. Recommendation to correct the violation(s) described above:
Mow the property and maintain the property by mowing on a regular basis.
Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Ordinance/Code Violation or the
recommendations contained herein, do not hesitate to contact the below signed Code
Enforcement Officer at the City of Cape Canaveral. (321-868-1222)
aurceAlexander
Code Enforcement Officer
CITY OF CAPE CANAVFRAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE �: �5 � APPLICATION FEE: $ � CiCi
APPLICANT: i1 ( % n
v� Ir y" f��(/ s �fv DATE:'
ADDRESS: f�T- o � (3,x
CITY:,.._! (t_' j 3 f" STATE:_ zip: -77-,,2/0
NATURE OF VIOLATION(S):
t � Pyr r�-�.� �h./ � �� j � l S ��e_>�,� _____
ADDRESS OF SUBJECT PROPERTY: _ -� L{ �N 4
DATE FINFILIEN IMPOSED: G1 t' AMOUNT: /DAY OR TOTAL '4v'7r
CONIPLYLI,iCE DATE:
RELIEF REQUESTED:=FACT1(3A/ REDUCTION (Circle ane) IF REDUCTION, THE APpLICAyr
PROPOSES S AS THE AMOUNT OF ThT REDUCED FINE.
T
THE FACTUAL BASIS UPON WTUCH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(IT more space is needed add additional pages) ��gz�i L_�)V i Q i t� ! /[� � 1 � (I 01'4 t`r t -
TERMS OR CONDITIONS TO BE IMI'OSED'UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
(If came space is needed add additional pages) _ V 6 (Ej r\j /JC a t ''
THE REASONS, IF ANY,'VR-Y TI -IE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INT€) COMPLIA4NCE
PRIOR TO THE ORDER OF PENALTY OR FIVE BEING IMPOSED AND RECORDED_ (If more space is -needed add
additional pages)7"741'-s
i,�.R���� in'i i��i 69 rif ce, /y 7-c.(--- - b N�~ 60:2
1 U I r�c3 1N/r— V no� % t 61eLy tYfl 14N,t% g2
ANY ADDITIONAL FACTS OR INFOPA�IATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST;
INCLUDING BUT NOT LIMITED TO. TIi$ CIRCUMSTANCES THAT EX:ST WHICH W=LD WARRANT Till
REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more cna ;� —A -i -m A;,;___s _ _ _
Page 2
STATE OF `F I GI
COT-`NTY OF t p 1 J r
- -
BEFORE NMthe undersigned authority didpersonatlyappeaibe-,ni E a
•L as identification, and who after beim place under oath, swore or affirmedth
providedwho
Inco -nation contained witltin this application is true and correct.
Notary Public State of Florida
Karen Greeley
< My Commission OD978564
Nota ublic pfp xpIres04126/2014
FOR STAFF USE ONLY
APPLICATION FEE: S RECEIVED BY CITY ON
COI WLIANCE CONFUUVMD BY BUILDING OFFICIAL ON
CODE ENFORCEMENT REVIEW ON
CODE. ENFORCEMENT RECOMMENDATION ATTACHED: YES
ACTION OF CITY COUNC L: APPROVE; DENY;
APPROVE WITH FOLLOWING
CONDITIONS:
DATE OF COUNCIL ACTION:
CONDITIONS AND PAY'vMNT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
July 11, 2011
15 South 20th Strett
Birmingham, AL 35233
To whom it may concent:
Please accept this letter as PI Holdings No. 1 LLC authorization for Mr. Dennis Basile, of D.
Basile Real Estate, LLC to speak on our behalf and sign documents required concerning the
Code Enforcement Violation on PI Holdings No. 1 LLC property located on Thurm Boulevard in
the City of Cape Canaveral.
PI Holdings No. I LLC is a subsidiary of Compass Bank.
Sincerely,
Cam Calvert, VP
PI Holdings.No. 1 LLC