HomeMy WebLinkAboutCEB AGENDA PKT 03-22-12 (2)Call to C)[de[
Roll Call
ty of Cape Canavera,'
Building Department/Code Enforcement i
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
201 P[}LK AVENUE
MARCH 22, 2012
Establish Next Meeting Date: April 19, 2012
Approval of Meeting Minutes: February 23, 2012
PUBLIC HEARINGS:
Case No. 11-00OOO-Violation ofSection 34-08.Building Appearance and
Maintenance; Section 11O-407,Garage Sales; and Section 7O-71'Engaging iO
Business Without Paying TGXO[W18kiDgRaport.Cfth8Citv0fC8peC3D8ver8|
Code UfOrdinances, (310 W. Central B|Vd.)—Gold Group LLC, aka Central Blvd.
VV8FehOu6e8 LL{}, c/o John E. Newton, R.A.
2. CGS8 NO. 11-00080 - \/io|aUOO of Section 34-98(b)(d), Standards Established; and
Section 34-122/G\' Public Nuisances Prohibited, of the City of Cape {}8Dove[8|
Code of Ordinances, (302 Chandler SL)— Lisa K48h9 Griggs, Property {]vvDe[
Case No. 08-00127—Violation DfSection 34-Q8.Standards Established; Section
34-97, Duties and Responsibilities for Maintenance, of the City Of Cape C@n8we[8|
Code OfOrdinances; and Section 3O2.1.Vacant Structures and Land; S8CUOD
804.1. Interior Structure; Section 304.2' 8t[uo[ur@| Members; Section 304.3. Interior
Surfaces, of the International Property Maintenance Code, as adopted by Section
82-221.Ofthe City ofCape Canaveral Code OfOrdinances, (874OCroton [|t.) -
Chase Home Finance, LLC, C/O David B. L0vvDl8n, Manager; Ninn D. Greaves,
K48D8gSr; & CT Corporation Systems. (Application for Satisfaction Or Release of
Code Enforcement LieD.\
75lONAtlantic Avenue ~yD.Box 326~Cape Canaveral, PL 32920-0326
Telephone (32l)Q68-l222~Fax (32l)Qb8-l247
e'mal:oitvoftupecauuvonyl.org
Code Enforcement Board
Agenda
March 22, 2012
Page 2
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
FEBRUARY 23, 2012
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on February 23, 2012, 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
James Hale
Karen Hartley
Lynn Mars
MEMBERS ABSENT
Walter Godfrey
Ralph Lotspeich
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 March 22, 2012.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: January 19, 2012.
Motion by Ms. Hartley, seconded by Mr. Hale, to approve the meeting minutes of January 19,
2012, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
February 23,2O12
Page
PUBLIC HEARINGS:
1. Case No. 11-00011 - Violation of Section 105.1, Permit Required; Section 109.1,
Inspections General; Section R303.8, Required Heating; Section R305.1(3), Minimum
Height; Section R309.1, Operating Protection; Section R311.4.1., Exit Door Required;
Section R311.4.2, Door Type and Size; Section R317. 1, Two -Family Dwellings; Section
R312.1, Guards; Section R502.1.3.3, Alterations to Trusses; Section R311.5.6.1,
Handrail Height; Section R311.5.6.2, Continuity; Section R311.5.6.3, Handrail Grip Size,
of the Florida Building Code, as adopted by Section 82-31, of the City of Cape
Canaveral Code of Ordinances; Section 110-13(A), Mounting, of the National Electrical
Code; and Section 78-121, Established; and Section 110-292, Principal Uses and
Structures, of the City of Cape Canaveral Code of Ordinances, (360 Monroe Ave.) —
Christopher Robin Kirby & Marcheta Kirby Kern, ETAL.
Code EOf0rC8Dlerd Officer, [)Ur8e Alexander, provided an overview 0fthe Case history and
presented exhibits for the Board's review. Officer Alexander testified that the \i0|8UOn is for
work without the required permit and inspections. Officer Alexander stated that @ Site visit
revealed that 3 single family residence was subdivided into four units. She explained that the
trusses were Cut for a stairway to 8Cc8S8 the attic space with the addition of kitchen and
bathroom for @ living area. Officer Alexander further explained that the garage was also
modified into aliving unit with 8kitchen area and added electrical.
Officer Alexander further stated that, fo|/OvviOg the death of Mr. Kirby' the property was in
probate and the family was provided additional time to bring the property into COnop|i8OC8'
during which time, they agreed not torent the property.
Geiger SOe|gFovH, F|e@| ESf8t8 Agent, testified that he became involved following the death Of
Mr. Kirby. Mr. Gn8|Arove explained that probate held Up the forward progress of pending sale
Ofthe property. Herequested additional time tOcomply.
Davin Erickson, MJ & D Builders & Barfield Contracting &AsSOci8t8S' testified that he has
permit for the repairs to bring the property into COnlp|iaOCe. Mr. Erickson stated that he has
completed 0Uoh Of the work but is OD hold to complete the repairs Of the third floor area
because Ofthe pending sale.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
S6CU0O 105.1. FzR[nlit Required; Section 100.1, Inspections General; Section R303.8, Required
Heating; Section R305.1/3\' Minimum Height; Section R309.1' Opening Protection; Section
R311.4.1' Exit [)OOr Required; Section R311.4.2. [}0Or Type and Size; Section F{317.1, Two -
Family Dwellings; Section R312.1' Guards; Section R502.1.3.3. Alterations tDTrusses; Section
R311.5.8.1, Handrail Height; Section R311.5.0.2, Continuity; Section F{311.5.0.8, Handrail Grip
Size, of the Florida Building Code, as adopted by Section 82-31' of the City of Cape Canaveral
Code ofOrdinances; Section 110-13(A)'Mounting, Ofthe National Electrical Code; and Section
78-121, Established; and Section 110-292. Principal Uses and Structures, ofthe City OfCape
Con8vHF3| Code Of (]rdiD8no8S and impose @ fine in the 8noVUDt of two hundred fifty dO||8nS
($25O.00) per day until found iDcompliance. Discussion followed regarding additional time.
Code Enforcement Board
Meeting Minutes
February 23.2O12
Page
Motion by Chairperson Russell, seconded by M[ Hale, toamend staff's recommendation and
find the Respondent inviolation and begiven SUdays t0comply Orimpose 8fine iDthe amount
of two hundred fifty dollars ($250.00) per day until found in Cnnlp|i8nCe. Vote VD the 0[diVn
carried unanimously.
2. Case No. 11-00073 — Violation of Section 97-76(b), Temoorary On -Premise Signs;
Section 94-82_Awnings, and Canopies�_ Section 94-99(b), C-1 Low Densitv Commercial
District, C-2 Com mercia I/Man ufactu ring District and M-1 Light Industrial and Research
and Development District; Section 78-96(b), General Prohibitions and Limitations; and
Section 70-69, Receipt Required; Payment of Tax Prerequisite to Issuance, of the City of
Cape Canaveral Code of Ordinances, (7900 N. Atlantic Ave.) — James. Kappernaros,
Property Owner & Xstream Auto Wash & Detailing—Inc., c/o Susan Anderson, R.A.
Code Enforcement Officer, Du[ee AJenonder, provided on overview ofthe Case history and
presented exhibits for the Board's review. Officer Alexander testified that the viO|8ii0DS are for
illegal signage, illegal drainage into the GtOrmvv81er system and failure to obtain a business tax
receipt for the vending machine. Officer Alexander stated that the signage and business tax
receipt violation has been brought into COrDp|i8DCe; hOwev8r, he is still has an issue with the
drainage of the vv@ier from the automatic car wash area. She explained that the water is GU||
running into the SiOrnlvvat8[dr8in.
Officer /\keX8Dder [eSpeCihu|k/ requested that the Board find the Respondent in violation Of
Section 97-76/b\' Temporary On -Premise Signs; Section 94-82' Awnings, and Canopies;
Section 94-90(b), C-1 Low Density [}OmnlerCi8| District, C-2 Com 0erCi@KW18DUf8(tUring District
and M-1 Light Industrial and Research and Deve|Opnn8O< District; Section 78-9O/b), General
Prohibitions and Limitations; and Section 70-69, Receipt Required; Payment OfT8X` ' Prerequisite
tOIssuance, ofthe City OfCape Canaveral Code 0fOrdinances tOestablish the violations.
Motion by Mc \/iens, seconded by K4[ Hole' to 8CC8[t staff's [eCornD1eOdatiOO and find the
Respondent in violation. Vote on the motion carried unanimously.
3. Case No. 12-00001 - Violation of Section 302.1, Exterior PropertV Areas, of the of the
International Property Maintenance Code (1998 editkon� as adopted by Section 82-221,
of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards
Established; and Section 110-467(2)(3)(4)(5)(6), Garage Sales, of the City of Cape
Canaveral Code of Ordinances, (8495 Ridgewood Ave.) — Kendall K. & Kevin L.
Code Enforcement Officer, Dure8 Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. C}ffiCe[ Alexander testified that the violation is for
continued garage 8a/83 and the condition of the pool. Officer Alexander stated that she has
received multiple complaints regarding the frequent garage s8|8S and the condition of the p00/.
She further stated that She spoke to Kevin ThOrns|ey h}||OVving o warning citation; however, he
stated that he vvVu|d not CODlp|y. Officer Alexander issued 8 Civil Citation for the garage sales
that has not been p8/d. Officer Alexander explained that she has documented ten (1U) garage
Ol
sales for Deceber.January, and February. ' '
Code Enforcement Board
Meeting Minutes
February 23' 2012
F`ego 4
Lucille Marino, neighbor to Respondent, stated that the garage sales are now On Saturday and
Sunday. K4S. K48hnO stated that the garage S8/e customers were parking on the |8vvnS and
blocking driveways. She further stated that the excessiveness isgetting out Ofhand.
Officer Alexander r8Speo(hu|k/ requested that the Board find the Respondent in violation Of
8eC<iDO 303.1. Exterior Property Areas, of the of the |ntenl8iiOn8| Property
edition), as adopted by Section 82-221. Of the City Of <�8pe-{�8n8v8r8/ Code of
Ordinances; Section 34-98(d)' Standards Established; and Section 11O-487/2\/3^\/4^\/5\/`0"'G@nag8 88|e6. of the City of Cape C8O8ven3| Code of Ordinances and fine one hundred dollars
($1OU.00) for each garage sale beyond the first two weekends; for total of seven hundred
dollars /$7O0.0O\;and fine one hundred and fifty dollars /$15O.00\per day for all other violations
existing On the property be imposed retroactively beginning on January 19, 2012 UnU| k},n�-�n
compliance.
-'
Motion by Mr. VienS' seconded by Mr. H8le, b]accept staff's recommendation and find the
Respondent in violation and impose a fine in the amount of one hundred dollars /$1OO-O0)per
gar8geS8|efor8iVt8|0fSev0DhuOdnBddVU8nS/$YO0-OO\;8nd�n8OD8hUndred`aDdfhtv'--OU3r8
�U
/�1�D�0O)p8[d8y�n]8Ctiv�|ybegiDDing0OJanuory1R'�012fOr�other violations until found
in compliance. Vote on the motion carried unanimously.
4. Case No. 12-00004 - Violation of Section 108.1, General,. and Section 303.11,
Stairways, Decks, Porches, and Balconies, of the of the International Property
Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape
Canaveral Code of Ordin;nces; Secti.on 34-122(a�- Public Nuisances Prohibited; and
Section 34-96— Standards Establishe_d of the City of Cape Canaveral Code of
Ordinances, (7908 Ridgewood Ave.) - Marsha K. & Kent C. Howe, Property Owners.
Code Enforcement Officer, DUree Alexander, provided 8Ooverview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation in for the
condition Of the property and balcony. Officer Alexander explained that the property is
overgrown and the balcony is in disrepair. She stated that the property was posted "Restricted
Use" due to the condition of the balcony and further stated that the sliding g|8SS doors are
blocked with e board and there is no one living on the property. CJMicHrAlexander further
explained that there Vv@G 8 lien filed against the property on May 27, 2008 and the fine is still
running.
Officer Alexander r8sDRCtbu/k/ requested that the Board find the R8Gp0Dd8Dt in vio|8d0O of
Section 10O.1. General; and Section 503.11,Stairways, D8CkS. Porches, and Balconies, ofthe
of the /nienl8tiOO8| P[Op8dv yN8inhSO3nCe Code (1998 edition), as adopted bySeCi)OD 82-221'
of the City Of CapeCanaveralCode of C}ndiD/ nCeG; Section 34-122(�\. Public Nuisances
Prohibited; and Section 34-06, Standards Established, of the City of <�8'` ' Canaveral/ Code Of
Ordinances and impose @ fine inthe amount 0fone hundred fifty
'dollars $15O.00\per day until
found in compliance.
Motion by M[ Vi8ns, seconded by MS. Hartley, to accept staff's recommendation and find the
Respondent in violation and impose 8 fine in the 8rDVuOt of one hundred fifty dollars /�1�O�OO\
per day until found incO[np|i3nCH. Vote ODthe nnoUOOo@ni9dun8OinlnUS/y. ' ` '
Code Enforcement Board
Meeting Minutes
February 23,2O12
Page
5. Case No. 12-00005 - Violation of Section 108.1.3, Structure Unfit for Human Occupancy;
Section 304.1, General; and Section 306.1, Infestation, 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, (201 International Dr., Unit 214) — Tina Stewart
Code EDfOrC8nleni Officer, [}uree Alexander, provided on overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for the
COOdihnn of the property. Officer Alexander displayed photographs of the interior of the unit
indicating an excessive 8CCurnu|8UOD of debris and filth and the general unkempt n8tUn8 of the
interior of the unit. Officer Alexander stated that the condominium 8SSOci8iiOD contacted her
about the condition of the property; however, when She attempted to conduct o site inspection,
the ooCUp@n1' the OvvOer'S sister, vvOu|d not |8i her in and told her that the ovVO8r' Tina Gtovvart,
was in the hospital. Officer Alexander further stated that the condominium 8sS0Ci8U0n
contacted her a second time, indicating that the property was vacated and subsequently allowed
her access to the unit. Officer Alexander testified that the property owner was now deceased
and the property is in foreclosure. On January 27, 2012 the property was posted "Unfit for
Human Occupancy".
Officer Alexander respectfully requested that the Board find the Respondent in violation Of
Section 108.1.3, Structure Unfit for Human Occupancy; Section 304.1. General; and Section
306.1. Infestation, of the of the |nt8[Oati0O3| Property Maintenance Code /1998 edition), as
adopted by Section 82-221' of the City of Cape Canaveral Code Of Ordinances and impose 8
fine in the amount of two hundred fifty dollars ($250.00) per day until found in compliance.
Motion by K8[. Vien3, seconded by Mr. Ho|a. to accept staff's [eCOOlDlend@tiOO and find the
Respondent in violation and impose 8 fine in the amount of two hundred fifty dollars /%250.00\
per day until found iOcompliance. Vote ODthe motion carried unanimously.
There being Dofurther business the meeting adjourned et8:1Op.K4.
Approved on this day of 2012.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
ce
I ity of Cape Canaveral
MY OF
CAPE CANAVERAL
TTY
TyOF CAPE CANAVERAL CASE No. 2011-00068
oridaMunicipal Corporation, 3/09/12
Complainant,
V.
Respondent(s):
Gold Group LLC aka Central Blvd. Warehouses, LLC
C/O John E. Newton, R. A.
Location of the Violation:
310 W Central Blvd., Cape Canaveral, FL 32920
A BEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 22, 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 BOARDS HEARING IS MADE, WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DA , this9th da 4,�March 2012
in
Abu'ree Alexander, Code Enforcement Officer
7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 ® Fax: (321) 868-1248
www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org
'4" 0
t--,ity of Cape Canaveral
Community Development Department
NOTICE OF VIOLATION
clr or
C"V- CANAWRAL
THE CITY OF CAPE CANAVERAL Case No. 2011-00068
A Florida Municipal Corporation, Date: 9/6/11
Complainant,
V.
Owner(s) of the property located at:
310 W Central Blvd., Cape Canaveral, FL 32920
Respondent(s):
Gold Group LLC, aka Central Blvd. Warehouses, LLC
C/O John E. Newton, R. A.
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):
310 W Central Blvd., Cape Canaveral, Fl, 32920
2. Name and address of owner(s) of property where violation(s) exist:
Gold Group LLC aka Central Blvd. Warehouses LLC
C/O John E. Newton, R. A.
152 North Harbor City Blvd.
Melbourne, Fl, 32935
Gold Group LLC
P.O. Box 428
Melbourne, FL 32902
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
max�wrn�florida�.comk�ae e-mail: cityofcapecanaveral.org
Page 2
11-00068
Staff has received numerous complaints regarding the number of yard sales being
operated from this address. It appears that there are businesses being operated without the
required Business Tax Receipt.
In addition, a tarp has been covering a portion of the structure located on the
West side of the property. Please obtain a permit to repair the structure.
3. Description of Violation(s) at property: 34-98, Building Appearance and
Maintenance: (6), All roofs shall have a suitable covering free of holes, cracks,
excessive wear, missing shingles or tiles.
Sec. 110-467, Garage Sales: The noncommercial sale of privately owned items at retail
from residential premises, commonly know as a garage sale or yard sale, shall comply
with the following:
(1) Hours of sale shall be restricted to daylight hours.
(2) The sale may continue for two periods of not more than three consecutive days each.
The two periods of sale shall be separated by a minimum of four non -sale days, and
the total sale days shall be completed within 15 consecutive calendar days.
(3) Yards shall be cleared of salable items on all non -sale days.
(4) Subsequent garage sales conducted on the same premises by the same household are
permitted 180 days after the close of the preceding sale.
(5) A sign specifying a garage or yard sale may be displayed on the premises of the sale
on sale days only. Such sign shall not exceed four square feet in size.
(6) The person in charge of the sale shall ensure that automotive vehicles of potential or
actual customers do not interfere with pedestrian or vehicular traffic in the vic
-71, Engaging in Business Without Paying Tax or Making Report: It shall be
Sec. 70 1 inity
unlawful for any person to exercise any of the privileges or to carry on or engage in
or conduct any of the businesses, occupations or professions specifically enumerated
in this article without paying the local business tax required by this article in the
manner provided in this article or to fail to make any reports to the business license
official as required or to violate any other section of this article.
Sec. 70-75, Penalty for Failure to Renew or Obtain Receipt.
(a) Any person who engages in or manages any business, occupation or profession
without first obtaining a receipt required under this article is subject to the penalty
stated in F.S. § 205.053(2), or any successor statute.
(b) Any person who engages in any business, occupation or profession covered by this
article who does not pay the required local business tax within 150 days after the
initial notice of tax due and who does not obtain the required local business tax
receipt is subject to the civil action, penalties,
costs and attorneys, fees provided in
F.S. § 205.053(3), or any successor statute.
4. Recommendation(s) to correct the violation(s) described above:
® Obtain a permit and the approved final inspection for the damaged roof to be
repaired.
• Immediately stop the continued garage sales from this address.
® All tenants operating any type of business must obtain a business tax receipt from
the City of Cape Canaveral.
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
Enclosure: Photos
List of Businesses licensed for this address
V.
Respondent(s):
Lisa Marie Griggs
LNAVERAL
)oration,
Location of the Violation:
362 Chandler Street, Cape Canaveral, FL 32920
CASE No. 2011-00080
3/09/12
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement .Board on March
22, 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 T D this 9th y of March, 201,2
Duree Alexander, Code Enforcement Officer
City of Cape Canaveral
CnyOF
CAPE CANAVERAL
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
LM
Owners of the property located at:
362 Chandler Street, Cape Canaveral, FL 32920
Respondent(s):
Lisa Marie Griggs, P.O.
CASE NO. 2011-00080
Date: 10/11/11
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) Ware 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):
362 Chandler Street, Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Lisa Marie Griggs
235 E. Merritt Island Causeway
Merritt Island, FL 32952
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: ccapeca-naveral@cfl,rr.com
Our office received a complaint regarding the condition of your property and a site visit revealed
the exterior front of the property in poor condition. 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 building(s); nonetheless both require maintenance in order to retain a good appearance.
3. Description of Violation(s) at property: Section 34-96, (b), (d), Standards Established;
(b) The owner of every single-family or multiple -family dwelling, commercial or industrial
property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the
property in any form or manner shall be responsible for maintaining the exterior in a clean,
sanitary and safe condition.
(d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish,
debris, objects, material or conditions which may create a health or fire hazard. Exterior property
areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence
on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to
constitute a blighting or deteriorating effect in the neighborhood.
Section 34-122, Public Nuisances Prohibited;
(a) All grass areas and yards on improved property shall be property maintained in a neat and
attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a
manner such that grass, weeds and other rank vegetation shall not exceed sic inches in height.
4. Recommendation(s) to correct the violation(s) described above:
• Maintain the yard by mowing on a regular basis.
• Remove all trash and debris from the property.
• Maintain the exterior of the property in a clean and sanitary manner.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in farther
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.
Alexander
Code Enforcement Officer
From:Cape Canaveral Com Dev 321 868 1247 01/25/2012 09:45 #091 P.002/003
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE APPLICATION FEE,
IDD
APPLICANT: DATE:
ADDRESS: L4w of�6(t T /viqrB OJ ✓ �Y ( C ,,j
CITY: u
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NATURE OF VIOLATION(S): No 0 F t -Russ" -e— s VV)
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ADDRESS OF SUBJECT PROPERTY:,zo C f'o-tov CT- C
DATE FINE/LIEN IMPOSED: AMOUNT: /DAY OR TOTAL
COMPLIANCE DATE:
RELIEF REQUESTED: SATISFACTION /eEHCTION
00 Circle one) IF REDUCTION, THE APPLICANT
PROPOSES 9 Zt;b — AS THE AMOUNT OF THE REDUCED FINE,
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If more space is needed add additional pages)
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
I
Alf 1�
(If more space is needed add additional pages)
l C (10,— '1 M /)6
I
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
additional pages) D!Y 2ILL a
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)
I If
Applicant I s SignatA
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Date:
lvday ocloa.
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From:Cape Canaveral Com Dev 321 868 1247 01/25/2012 09:46 #091 P.003/003
STATE OF.
COUNTY OF,
PEFqRE ME the undersigned authority did personally appear lice&
a, -/ 0(TeNt I
—/0 as identification, and who after being place under oath, who provided
r affirmed the
2formati ntainAgijhin this application is true and correct,
g
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ii ormati co!tae, swore o
ox
0, 00'.
Notary tWlic
Jean Cam sited
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FOR STAFF USE ONLY
APPLICATION FEE: $
RECEIVED BY CITY ON
COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON
CODE ENFORCEMENT` REVIEW ON
CODE ENFORCEMENT RECOMMENDATION ATTACHED: _ YES
ACTION OF CITY COUNCIL: APPROVE, DENY; _ APPROVE WITH
FOLLOWING
CONDITIONS.
DATE OF COUNCIL ACTION:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
Gty of Cape Canaveral
Community Development Department
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #08-00127
A Florida municipal corporation,
Complainant,
Im
Chase Home Finance, LLC, c/o David B. Lowman, Manager;
Kim D. Greaves, Manager; & CT Corporation Systems
Owner of the Property located at:
8740 Croton Ct.
Cape Canaveral, FL 32920 CFN 2010017722, OR BK 6105 PAGE 793,
Recorded 02/01f2010 at 11:02 AM, Scott Ellis, Clerk of
LEGAL: OCEAN WOODS STAGE 2 LOT 57 PLAT BOOK 0025 PG 0032 Courts, Brevard County
Respondent, # Pgs:3
AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATIOV,
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on November 19, 2009 and
December 17, 2009 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 the hearings, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 34-96, Standards Established; Section 34-97, Duties
and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and
Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 304.2,
Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance
Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and
Respondent was further provided a reasonable time to correct said violation;
7510 N. Atlantic Avenue o Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 - Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247
www.cityofcapecanaveral.org ® email: ccapecanaveral@cfl.rr.com
That Respondent
le time period provided
hearing before the Code
nber19,2009;
Case #08-00127
either failed or refused to correct such violation within the
in the Notice of Violation; that the Respondent was provided
Enforcement Board and was not present at the hearing held
4. That based on the testimony and evidence presented at the November 19, 2009
hearing, Respondent was found to have violated the City Code, to wit: Section 34-96, Standards
Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape
Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1,
Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the
International Property Maintenance Code, as adopted by Section 82-221, of the City Code;
5. That at the conclusion of the November 19, 2009 hearing, the Code Enforcement
Board entered an Order Imposing Penalty on First Violation ("Board Order"), giving Respondent
until December 17, 2009 to correct the violations on the Property and providing that if
Respondent failed to correct the violations within said time period, that a fine of $250.00 per day
would be immediately entered and would be retroactively imposed starting on November 19,
2009.
6. That the Code Enforcement Board held a duly noticed Compliance Hearing on
December 17, 2009 and that Respondent was not present at the hearing.
7. That Respondent has failed to correct the violations existing on the Property
within the time period set forth in the Board Order.
8. That immediate repair of the roof is required in order to prevent further damage
to the Property and to adjacent properties and such repair should take precedence over all other
repairs necessary to correct the violations.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. That because Respondent did not correct the violations of the City Code found
by the Code Enforcement Board to exist on the Property by December 17, 2009, as required by
the Board Order, a fine of $250.00 per day will be immediately entered, which fine shall be
retroactively imposed beginning on November 19, 2009, and which shall accrue each day until
the violations are 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; and
2. That 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;
3. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
Case #08-00127
The Code Enforcement Board hereby reserves the right to take further necessary
jainst the Respondent(s) to enforce this Order and correct any violation(s) on
:mt's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
1 Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 17�'day of December, 2009.
all, Chairperson
Copies furnished to:
Chase Home Finance, LLC, c/o David B. Lowman, Manager;
Kim D. Greaves, Manager; & CT Corporation Systems.
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Amended Order
Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s)
and/or Respondent's authorized representative on this I � day of -t>-q 2009.
jo—y-ldmbardi, Board Secretary
buree Alexander, Code Enforcement Officer