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HomeMy WebLinkAboutCEB AGENDA PKT -08-18-11of Cape Canaveral y? AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE AUGUST 18, 2011 7:00 P.M. _____.._...._.._ ...___...� : September 22, 2011 1k,12 am:���y1�1 X91 1. Approval of Meeting Minutes: July 21, 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. 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. PUBLIC HEARINGS: Case No. 11-00021 - Violation of Section 34-96, Standards Established; Section 34-99(1)(2), Landscape Appearance and Maintenance; Section 34-98(4), Building Appearance and Maintenance; and Section 505.3, Water Supply, 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, (388 Tyler Ave.) — Skymountain Coastal Properties, Inc., c/o Kenneth C. Bronchick, Esq., R.A. 2. Case No. 11-00024 - Violation of Section 34-96, Standards Established; Section 34-99(1)(2), Landscape Appearance and Maintenance; Section 34-98(4), Building Appearance and Maintenance; and Section 505.3, Water Supply, 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, (390 Tyler Ave.) — Skymountain Coastal Properties, Inc., c/o Kenneth C. Bronchick, Esq., R.A. 3. Case No. 11-00025 - Violation of Section 34-96, Standards Established; Section 34-99(1)(2), Landscape Appearance and Maintenance; Section 34-98(4), Building Appearance and Maintenance; and Section 505.3, Water Supplv, 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, (311 Harrison Ave.) - Skymountain Coastal Properties, Inc., c/o Kenneth C. Bronchick, Esq., R.A. 731€7 N. Adantic Avenue - Post Office Box 326 - Capp. Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 m,%mv.myflorida.com/cape • . email: ccapecanavetai@cfl.rr.com Code Enforcement Board Agenda August 18, 2011 Page 2 4. Case No. 11-00029 Violation of Section 34-96(d), Standards Established; and Section 34-97(a)(1)(2), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (160 Polk Ave.) — David E. Jones, Property Owner. OLD BUSINESS: Case No. 10-00112 — 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) — Harbour Portfolio VI LP, Property Owner. (Application for Satisfaction or Release of Code Enforcement Lien) 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 be based. This notice does not constitute cVl lent by the ie 111L for the 1e introduction rtr od uc ti of or admission lssiol l int oto evidence idei die - otherwise ii �adri �iSSi bie 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 JULY 21, 2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on July 21, 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 7:07 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Karen Hartley Ralph Lotspeich Lynn Mars Raymond Viens Walter Godfrey James Hale OTHERS PRESENT Duree Alexander Joy Lombardi Tara Barrett Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on August 18, 2011. Assistant City Attorney Barrett swore in all persons giving testimony. III -:"T _:M 114 1. Approval of Meeting Minutes: June 23, 2011. Motion by Ms. Hartley, seconded by Mr. Lotspeich, to approve the meeting minutes of June 23, 2011, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes July 21, 2011 Page 2 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. 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. The affidavit was not submitted and the permit expired. Officer Alexander explained that the owner is hiring another electrical contractor to certify the work. Officer Alexander respectfully requested that the Board find the respondent in non- compliance 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 August 18, 2011 to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Motion by Mr. Lotspeich, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in non-compliance and be given until August 18, 2011 to come into compliance. Vote on the motion carried unanimously. 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. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 3. 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. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. Code Enforcement Board Meeting Minutes July 21, 2011 Page 3 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. 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 City of Cocoa installed individual meters for this building; however, this unit has not hooked up to the meter and still has no water. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of the Board Order and impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day (May 20, 2011) and one hundred dollars ($100.00) per day thereafter until found in compliance. Officer Alexander is requesting to amend the Board Order to impose the fine retroactively beginning on May 20, 2011. Motion by Mr. Lotspeich, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in non-compliance and impose the fine in the amount of two hundred and fifty dollars ($250.00) for May 20, 2011 and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 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. 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 City of Cocoa installed individual meters for this building; however, this unit has not hooked up to the meter and still has no water. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of the Board Order and impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day (May 20, 2011) and one hundred dollars ($100.00) per day thereafter until found in compliance. Officer Alexander is requesting to amend the Order to impose the fine retroactively beginning on May 20, 2011. Motion by Mr. Lotspeich, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in non-compliance and impose the fine in the amount of two hundred and fifty dollars ($250.00) for May 20, 2011 and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes July 21, 2011 Page 4 PUBLIC HEARINGS: 1. 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. 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 overgrown grass. Officer Alexander stated that the property owner mowed the interior portion of the lot but left several feet of the front of the property overgrown. Officer Alexander further stated that she sent an e-mail with pictures attached to inform the owner that the lot was still in violation; there was no response. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-122(b), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances and be given until August 18, 2011 to come into compliance or impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Ms. Hartley, seconded by Mr. Lotspeich, to accept staff's recommendation and find the respondent in violation and be given until August 18, 2011 to come into compliance or impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. ,� 111110 >tLy1�I�.YR 1. 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.) Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that PI Holding #1, Inc. took possession of the property via foreclosure and requested the payoff amount of the outstanding lien that was incurred by the previous property owner. On October 6, 2010 PI Holding #1, Inc. paid the outstanding lien in the amount of $16,375.00. Officer Alexander stated that the property continued to be in violation and she sent a Notice of Violation to the current owner (PI Holding #1, Inc.). A fine was imposed in the amount of two hundred and fifty dollars ($250.00) for January 20, 2011 and one hundred and fifty dollars ($150.00) per day thereafter until they were found in compliance on April 27, 2011. The total current lien is $14,800.00. Officer Alexander explained that the PI Holdings #1, Inc. has hired a company to keep the property in compliance. She further stated that they have gone above and beyond what was asked and property looks great. Code Enforcement Board Meeting Minutes July 21, 2011 Page 5 Dennis Basile, Representative for PI Holdings, #1, Inc., testified that the corporation was not aware of the violation. As soon as the corporation appointed him to take care of the property, he contacted Duree to resolve the issues on the property and has since hired a company to maintain the property to a higher standard. Mr. Basile requested a waiver of the total current lien because they had paid the initial lien and brought the property into compliance as soon as they were aware of the violation. Officer Alexander respectfully requested that the Board recommend reduction of the Code Enforcement Lien to staff costs in the amount of five hundred one dollars and sixty- two cents ($501.62). Motion by Mr. Lotspeich, seconded by Ms. Hartley, to recommend that City Council reduce the lien to staff costs in the amount of five hundred one dollars and sixty-two cents ($501.62). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:00 P.M. Approved on this day of , 2011. Mary Russell, Chairperson Joy Lombardi, Board Secretary CityCapeof Canaveral Community Development Department NOTICE OF HEARING CITY of GAPE C.AkAVE[F(AL THE CITY OF CAPE CANAVERAL CASE No. 2010-00130 A Florida Municipal Corporation, 8/8/11 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 August 18, 2011, at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Amended Order Imposing Penalty on First Violation 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 QED this 8th day of August, 2011 Duree Alexander, Cod-4� _-Forcement 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/cal)e e-mail: cityofcapecanaveral.org City of Cape Canaveral CITY NA CAPE CAANAOF VERAL 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, AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on 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 m 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 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. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on July 21, 2011. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until August 18, 2011 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 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 21st day of July, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ary Rus II, Chairperson CityCapeOf Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V Respondent(s): E. Stephen Stroud & Grace D. Ramsey CASE No. 2011-00039 8/8/11 Location of the Violation: Vacant Lot on Astronaut Blvd know as A Parcel of land In the NE 1/4 Lying E of Astronaut Blvd, N of ORB 3623 PG 2263 and W & S of ORB 3576 PG 2618 of Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 18, 2011, at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Order Imposing Penalty on First Violation attached as EXHIBIT "A and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, -of -the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DAT _D this 8th day of August, ZQ Duree Alexander, Code Enforcement O neer —_ ___ 7510 N Atlantic Avenue P.O. Box 326 – Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 – Fax (321) 868-1247 www.myflorida.com/eave e-mail: cityofcapecanaveral.org V Complainant, AM City of Cape Canaveral • �' A � i •'' l A CANAVERAL, :)rporation, E. Stephen Stroud & Grace D. Ramsey Owner of the Property located at: Vacant Parcel ID# 24-37-15-00-00026.0-0000.00 Cape Canaveral, FL 32920 Case #11-00039 LEGAL: A PARCEL OF LAND IN THE NE 1/4 LYING E OF ASTRONAUT BLVD, N OF ORB 3623 PG 2263 AND W&S OF ORB 3576 PG 2618 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 July 21, 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 34-122(b), Public Nuisances Prohibited, 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 hefore the Code Enforcement Board and was not present at the hearinn; 7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 ® Fax: (321) 868-1247 w-Awmyflorida.com/cape o email: ccapecanaveral@cfl.rr.com Case #11-00039 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-122(b), Public Nuisances Prohibited., 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until August 18, 2011 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) 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. DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of July, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 1� Mary Russ - W, Chairperson Case #11-00039 Copies furnished to: E. Stephen Stroud & Grace D. Ramsey City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this day of :Yo tL( 2011. Joy ,'ombardi, Board Secretary i 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): Skymountain Coastal Properties, Inc. C/O Kenneth C. Bronchick, Esq. R.A. Location of the Violation: 388 Tyler Avenue, Cape Canaveral, FL 32920 CASE No. 2011-00021 8/8/11 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 18, 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 8th day of August, 2 .1 ya� Duree Alexander, Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cape e-mail: cityofcapecanaveral.org Citi of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA AV Cl� or NOTICE OF VIOLATION CAPE CANAVERAL THE CITY OF CAPE CANAVERAL Case No. 2011-00021. A Florida Municipal Corporation, 4/14/11 Complainant, V. Owner(s) of the property located at: 388 Tyler Avenue, Cape Canaveral, FL 32920 Respondent(s): Skymountain Coastal Properties, Inc. C/O Kenneth C. Bronchick, Esq. PURSUANT to Section 1.62.06, 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): 388 Tyler Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Skymountain Coastal Properties, Inc. 311 Harrison Street Cape Canaveral, FL 32920 Kenneth C. Bronchick, Esq., R.A. 1761 W. Hillsboro Blvd., STE 205 Deerfield Beach, FL 33442 7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.m,vflorida.com/cape e-mail: cityofcapecanaveral.org Page 2 11-00021 This property is in need of exterior maintenance. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings; nonetheless both require maintenance in order to retain a good appearance. 3. Description of Violation(s) at property: Sec. 34-96, Standards Established; Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Sec. 34-99, (1), (2), Landscape Appearance and Maintenance; (1) All landscaped areas shall be maintained to present a neat and orderly appearance. (2) All dead or deteriorated plant material shall be promptly replaced or removed. Sec. 34-98, (4), Building Appearance and Maintenance; Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Sec. 82-221, International Property Maintenance Code (IPMC) adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Sec 505.3 Water Supply, The water supply shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 4. Recommendation(s) to correct the violation(s) described above: • Mow the property and maintain the property by regularly mowing, • Remove all dead vegetation and remove from property, • Remove all trash and debris, • Remove mold from the building, • Any portions of the structure, which is not expressly stated in this notice that are deteriorated, worn or damaged should be rebuilt or replaced, • City of Cocoa informed staff that the water has been shut off at this 'location and the meter(s) will be removed on 4/27/11 if payment is not received. This property may not be occupies until the water has been restored in full. Page 3 11-00021 Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation of the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. �tu-a' (Lte Alexander Code Enforcement Officer City of Cape Canaveral Community Development Department NOTICE OF HEARING CITY OC CAPE CANAVULAt THE CITY OF CAPE CANAVERAL CASE No. 2011-00024 A Florida Municipal Corporation, 8/8/11 Complainant, V Respondent(s): Skymauntain Coastal Properties, Inc. C/O Kenneth C. Bronchick, Esq. R.A. Location of the Violation: 390 Tyler Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 18, 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. DtAYTED this 8th day of August, 2 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/cUe e-mail: cityofcapecanaveral.org THE CITY OF CAPE CANAVERAL Case No. 2011-00024 A Florida Municipal Corporation, 4/14/11 Complainant, V. Owner(s) of the property located at: 390 Tyler Avenue, Cape Canaveral, FL 32920 Respondent(s): Skymountain Coastal Properties, Inc. C/O Kenneth C. Bronchick, Esq. 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): 388 Tyler Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Skymountain Coastal Properties, Inc. 311 Harrison Street Cape Canaveral, FL 32920 Kenneth C. Bronchick, Esq., R.A. 1761 W. Hillsboro Blvd., STE 205 Deerfield Beach, FL 33442 7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mytiorida.com/cape e-mail: cityofcapecanaveral.org Page 2 11-00024 This property is in need of exterior maintenance. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings; nonetheless both require maintenance in order to retain a good appearance. 3. Description of Violation(s) at property: Sec. 34-96, Standards Established; Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Sec. 34-99, (1), (2), Landscape Appearance and Maintenance; (1) All landscaped areas shall be maintained to present a neat and orderly appearance. (2) All dead or deteriorated plant material shall be promptly replaced or removed. Sec. 34-98, (4), Building Appearance and Maintenance; Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Sec. 82-221, International Property Maintenance Code (IPMC) adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Sec 505.3 Water Supply; The water supply shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 4. Recommendation(s) to correct the violation(s) described above: • Mow the property and maintain the property by regularly mowing, • Remove all dead vegetation and remove from properly, • Remove all trash and debris, • Remove mold from the building, • Any portions of the structure, which is not expressly stated in this notice that are deteriorated, worn or damaged should be rebuilt or replaced, • City of Cocoa informed staff that the water has been shut off at this location and the meter(s) will be removed on 4/27/„ i. payment is not received. This property may not be � occupies until the water has been restored in full. Page 3 11 -0002!1- Failure 1 -00021 - Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation of the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. Duree Alexander Code Enforcement Officer CityCapeof Canaveral Community Development Department NOTICE OF HEARING an oe CAPE CAmAvt,"L THE CITY OF CAPE CANAVERAL CASE No. 2011-00025 A Florida Municipal Corporation, 8/8/11 Complainant, V Respondent(s): Skymountain Coastal Properties, Inc. C/O Kenneth C. Bronchick, Esq. R.A. Location of the Violation: 311 Harrison Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 18, 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. Singe 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 BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 13t4TE1) this 8th day of Angust, f .. Du ee Alexander, Cade Enforcement O 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/cape e-mail: cityofcapecanaveral.org f City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION NAVERAL ration, Owner(s) of the property Iocated at: 311 Harrison Avenue, Cape Canaveral, FL 32920 Respondent(s): Skymountain Coastal Properties, Inc. C/O Kenneth C. Bronchick, Esq. Case No. 2011-00025 4/14/11 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): 388 Tyler Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Skymountain Coastal Properties, Inc. 311 Harrison Street Cape Canaveral, FL 32920 Kenneth C. Bronchick, Esq., R.A. 1761 W. Hillsboro Blvd., STE 205 Deerfield Beach, FL 33442 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mvflorida.com/ca-oe e-mail: cityofcapecanaveral.org Page 2 11-00025 This property is in need of exterior maintenance. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings; nonetheless both require maintenance in order to retain a good appearance. 3. Description of Violation(s) at property: Sec. 34-96, Standards Established; Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Sec. 34-99, (1), (2), Landscape Appearance and Maintenance; (1) All landscaped areas shall be maintained to present a neat and orderly appearance. (2) All dead or deteriorated plant material shall be promptly replaced or removed. Sec. 34-98, (4), Building Appearance and Maintenance; Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Sec. 82-221, International Property Maintenance Code (IPMC) adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Sec 505.3 Water Supply; The water supply shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 4. Recommendation(s) to correct the violation(s) described above: • Mow the property and maintain the property by regularly mowing, • Remove all dead vegetation and remove from property, • Remove all trash and debris, • Remove mold from the building, • Any portions of the structure, which is not expressly stated in this notice that are deteriorated, worn or damaged should be rebuilt or replaced, • City of Cocoa informed staff that the water has been shut off at this location and the meter(s) will be removed on 4/27/11 if payment is not received. This property may not be occupies until the water has been restored in full. Page 3 11-00025 Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation of the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222, f eAlexander �— Code Enforcement Officer City Of Cape Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V Respondent(s): David E. Jones, P.O. Location of the Violation: 160 Polk Avenue, Cape Canaveral, FL 32920 CASE No. 2011-00029 8/8/11 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 18, 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 BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DED this 8th ay of Augur 2011 uree Alexander, t ode Enforcement Officer 7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.m_yflorida.com/cape e-mail: cityofcapecanaveral.org CityCapeof Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION AVERAL �- ­""Fut Complainant, V. Owner(s) of the property located at: 160 Polk Avenue, Cape Canaveral, FL 32920 Respondent(s): David E. Jones Case No. 2011-00029 5105/11 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): 160 Polk Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: David E. Jones 21 South End Avenue #621 New York, NY 10280 7510N 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 Page 2 2011-00029 Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city in order to retain a good appearance. 3. Description of Violation(s) at property: Sec. 34-96, (d), Standards Established; Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Sec. 34-97, Duties and Responsibilities for Maintenance; (a). The owner of every single-family or multiple -family dwelling, commercial or industrial properly, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. 4. Recommendation(s) to correct the violation(s) described above: • Trim the trees, • Remove the trash and debris, • Remove the dead vegetation from the property and fence, • Mow and maintain the grass 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 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. D ree Alexander Code Enforcement Officer CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN �Q CODE ENFORCEMENTCASE #: 20 j © -10c) t 12. APPLICATION FEE: $ I 1 APPLICANT: ` � TF-a1,_►o A . LF DATE: • Z!`1' ADDRESS: �. L BEJX i9 7 CITY:0 STATE: SC ZIP: 29� 3 NATURE OF VIOLATION(S): ADDRESS OF SUBJECT PROPERTY: Z 1 S P1 tegg ,r_� e c 4t- Z Oc) A DATE FINE/LIEN IMPOSED: AMOUNT: /DAY OR TOTAL COMPLIANCE DATE: RELIEF REQUESTED: SATISFACTION 1 REDUCTION (Circle one) IF REDUCTION, THE APPLICAv'T PROPOSES $ ��— AS THE AMOUNT OF THE REDUCED FINE. r THE FACTUAL BASIS UPON VvTHCH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) ��t1�Jl�lCe. ./ ,WA0�tl /�Ll (Vyi't' , LfIC1A LAW _ L 144, TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) --1A ll.UAA (la ( t 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: (If more space is needed add ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Date: Applicants Signature 0 1) THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIVES THIS APPLICATION SHOULD BE GRANTED: Applicant purchased the property in December 2010 and was unaware the lien for the particular unit purchased (#209A) would not be able to be removed because the 4 -unit building had only 1 water meter. Applicant was also unaware there was a past due water bill for the entire building, including the unit in question. 2) TERMS AND CONDITIONS TO BE IMPOSED.. . Immediate release of lien, upon inspection and approval by the City of work to be completed by Applicant to install a water meter for the unit in question, to bring the property into compliance. 3) THE REASONS, IF ANY, WHY THE APPLICANT ... The Applicant was unaware at the time of its purchase of the single unit, that the liens and non-compliance related to all 4 units in the building would require cure before Applicant would be provided effective use of its property. Applicant was prepared to cure its portion of the lien and non-compliance issues. 4) ADDITIONAL FACTS ... It is Applicant's understanding that the Unit # 209A had a past due invoice for water service, as well as other, related Notices that were delivered to the HOA, which had dissolved. As a result, there was no one to deliver such notices to any of the unit owners comprising the building in question. Further, Applicant was unaware that the unit did not have its own, separate water meter. HARBOUR PORTFOLIO VI, LP Post Office Box 1996 Irmo, SC 29063 (803) 798-4666 Office (803) 731-8444 Fax July 21, 2011 Att: To Whom It May Concern RE: 209 Pierce Unit A Cape Canaveral, FL 32920 Debbie Dean has purchased the home at the above address and is in the process of having repairs done to bring the house up to code. Ms. Dean is acting as our agents) in maintaining the property. She will take responsibility for any and all issues regarding the above properties including obtaining the necessary permits needed to do any and all repairs. Should you have any questions or concerns please contact me at 803-798-4666. Sincerely, Kirk Bellesen Preservation Department Supervisor Notary Lexington County, South Carolina My commission expires: Q- L J- ,CCC'f 0cj_ z 1�,,, ,, M,ate �t 'i p�'SLtG