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Home My WebLink AboutCEB AGENDA PKT 01-19-12Call to Order Rall Call " ,. ,ity ot k -..,ape Canavweral Community Development Department AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE JANUARY 19, 2012 7:00 P.M. Establish Next Meeting Date: February 23, 2012 NEW BUSINESS: 1. Approval of Meeting Minutes: September 22, 2011 COMPLIANCE HEARINGS: Case No. 11-00017 - Violation of Section 78-128, Change of Use; and Section 78-121, Established, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) — Izzy's Bistro aka BJBK Cape, Inc., c/o Bridgitte Krause, R.A. Case No. 11-00082 - Violation of Section 303.1, Exterior Structure; Section 303.11, Stairways, Decks, Porches, & Balconies; and Section 303.13, Handrails & Guards, 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, (417 Polk Ave.) — Jessica Hanely-Poore & Michael A. Poore, Property Owners. 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. 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 NAVERAL oration, Respondent(s): Supra Color Enterprises, Inc. C/O Kurt Tezel, R. A. Izzy's Bistro aka BJBK Cape Inc. C/O Brigitee Krause, R. A. Location of the Violation: 6615 N Atlantic Avenue, Cape Canaveral, FL 32920 CASE No. 2011-00017 1/09/12 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 19, 2012, 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 INCLUDING THE CITY OF ,, CANAVERAL, MAY APPEAL A FINAL . • ORDER•• ENFORCEMENT BOARDTO THE I. INCLUDESCOURT 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 • EVIDENCE UPONTO BE - r DA7 this 9th day of January, 201 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.MN'flonda.com/cafe e-mail. cityofcapecanaveral.org City of Cape Ca-naveral THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, V. Izzy's Bistro aka BJBK Cape, Inc., c/o Bridgitte Krause, Business Owner Supra Color Enterprises, Inc., c/o Kurt Tezel Owner of the Property located at: 6615 N. Atlantic Ave. Cape Canaveral, FL 32920 Case #11-00017 LEGAL: N 960.25 Fr OF S 900.25 Fr OF G L 3 IN SEC 22 & N 860.25 FF OF S 900.25 Fr OF GL -4 IN SEC 23 LYING W OF ST RD 401 EX N 150 FT OF E 200 FF THEREOF & ORB 1215 PG 156,1223 PGS 734 & 736,1234 PG 286 Respondent, THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on September 22, 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. Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 78-128, Change of Use; and Section 78-121, Established, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com Case #11-00017 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 78-128, Change of Use; and Section 78-121, Established, 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 #RDERED: 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 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 V1. DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of September, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA X 1, Chairperson Case #11-00017 Copies furnished to: Izzy's Bistro aka BJBK Cape, Inc., c/o Bridgitte Krause, Business Owner Supra Color Enterprises, Inc., c/o Kurt Tezel, Property Owner City of Cape Canaveral, Case File V. t i A ANAVERAL poration, Respondent(s): Jessica Hanely-Poore & Michael A Poore Location of the Violation: 417 Polk Avenue, Cape Canaveral, FL 32920 CASE No. 2011-00082 1/09/12 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 19, 2012, at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL., LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D,A7ED this 9th day of January, 201 . ::2Z: Duree Alexander, Cod Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.nwflorida.com/caq e e-mail: cityofcapecanaveral.org City of Cape Canaveral THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, F, Complainant, is Owners of the property located at: 417 Polk Avenue, Cape Canaveral, FL 32920 Respondent(s): Jessica Hanely-Poore & Michael A. Poore CASE NO. 2011-00082 Date: 10/17/11 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 of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a 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 violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(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 violations(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 ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 417 Polk Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Jessica Hanely-Poore & Michael A. Poore 637 Catalpa Street Seymour, TN 37865 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com Our office received a complaint regarding the condition of your property and a site visit revealed the railings are missing on the balcony. This is considered unsafe structure and needs to be addressed as soon as possible. The property has been posted "Restricted Use" until repairs have been made. You may not remove any posting until the City of Cape Canaveral has performed and issued an approved final inspection. 3. Description of Violation(s) at property: Section 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 Section 303. 1. Exterior Structure, General; the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC Section 303.11, Stairways, decks, porches, and balconies; every exterior deck and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. IMPC Section 303.13, Handrails and guards; every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 4. Recommendation(s) to correct the violation(s) described above: • Obtain the required permit; approved inspection and replace the missing railings on the second floor balcony. • Repair and/or replace any portions of the balcony in need of maintenance and/or repair not specifically stated herein. Failure to comply within fifteen (IS) 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 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. AureeAlexander Code Enforcement Officer