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HomeMy WebLinkAboutCEB AGENDA PKT 01-23-14 (2)Call to Order Roll CaH d" a y of Cape Canaveral munity & Economic Development Department AGENDA 'ODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE JANUARY 23, 2014 6:00 P.M. Establish Next Meeting Date: February 20, 2014 V-11 a q, I [$I I V-1VA I � Eel 014 1 Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Code Enforcement Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational) items), and quasi-judicial or emergency items. Citizens are encouraged to limit their comments to three (3) minutes. The Code Enforcement Board may schedule items not on the agenda as regular items and act upon them in the future, 1020TAF-111110 Approval of Meeting Minutes: November 21, 2013 2. Interview Perspective Board Member, Jerry H. Agtmaal, COMPLIANCE HEARINGS: 1 Case No. 12-00012 - Violation of Section 303.1, Generali Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (201, 203, 205 Jefferson Ave.) - Dolores G. Nagel, Property Owner. 4. Case No. 12-00090 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (280 Monroe Ave.) - Ronald H. & Christine T. Lero, Property Owner. 7510 N. Atlantic Avenue - Post Office Box 326 & Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 wwwcityofcapecanaveral,org - email: info@cityofcapecanaveraLorg Code Enforcement Board Agenda January 23, 2014 Page 2 PUBLIC HEARINGS: 5. Case No. 13-00062 - 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, (7306 Poinsetta Ave) — Geoffrey M. Duggan, Property Owner. 6. Case No. 13-00063 - Violation of Section 105.1, Permit Required; Section: 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (218 Johnson Ave.) — Joseph Ricca, Property Owner. 7. Case No. 13-00088 - Violation of Section 34-916(b)(d), Standards Established; and Section 34-97(a)(1), Duties and Responsibilities for Maintenance; Section 34-99(1)(2), Landscape Appearance and Maintenance; Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, and Section 303.14, Window, Skylight and Door Frames; Section 705.5, Smoke Detectors, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-22 1, of the City of Cape Canaveral Code of Ordinances (308 Lincoln Ave) — Matricia D. & Alphonso Jenkins III, Property Owners. OLD BUSINESS: 8. Case No. 10-00075, — Application for Satisfaction or Release of Code Enforcement Lien, (7523 Magnolia Ave.) —Robert Thornton, Property Owner. 9. Case No. 13-00033 — Application, for Satisfaction or Release of Code Enforcement Lien, (107 Anchorage Ave.) —Sea Spray Condominium Assoc., Property Owner. 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. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting, The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES NOVEMBER 21, 2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on November 21, 2013, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called the roll. Mary Russell James Hale Ralph Lotspeich Lynn Mars MEMBERS ABSENT Raymond Viens Walter Godfrey OTHERS PRESENT Duree Alexander Brian Palmer Glenn Pereno Joy Lombardi Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Assistant City Attorney The Board members established that the next meeting would Ibe held on January 23, 2014. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: October 17, 2013. Motion by Mr. Hale, seconded by Mr. Lotspeich, to approve the meeting minutes of October 17, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 21, 2013 Page 2 COMPLIANCE HEARIINGS: 2. Case No. 12-00012 - Violation of Section 303.1, General-, Section 303.4, Structural Ki -embers; Section 303.7, Roofs and Drainage, of the International Prol2,ertm Maintenance Code (1998,edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, _L201203, 205 Jefferson Ave.) — Dolores G. Nagel, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review, Officer Alexander testified that the violation is for the condition of the roof, Officer Alexander stated that this Case was presented to the Board for Compliance Hearings on several occasions and was granted additional time. Officer Alexander indicated that the Bank has taken possession of the property and posted the West side of the building. Dolores Nagel, property owner, stated that the bank is processing a Deed in Lieu of Foreclosure and respectfully requested additional time to complete the process with the bank. Ms. Nagel explained that the process would be complete on November 30, 2013. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until January 23, 2014 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter retroactively beginning on June 21, 2012 until found in compliance. Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance and be given until January 23, 21014 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($15000) for the first day and seventy-fiive dollars ($75.00) per day thereafter retroactively beginning on June 21, 2012 until found in compliance. Vote on the motion carried unanimously. 3. Case No. 12-00015 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (218 Jefferson Ave.) — Robert M. Barthelme, PLoperty 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 Respondent has obtained a Ipermit for interior renovations and work has commenced on the property. Officer Alexander further stated that the respondent has had !several approved inspections which extends the permit until May 12, 2014. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Amended Board Order, and be given until May 12, 2014 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning on October 18, 2012 until found in compliance. Code Enforcement Board Meeting Minutes November 21, 2013 Page 3 Motion by Mr. Lotspelch, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in non-compliance and be given until May 12, 2014 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning on October 18, 2012 until found in compliance. Vote on the motion carried unanimously. 4. Case No. 13-00047 — Violation of Section 110-468, Accessory Structures, of the City of Cape Canaveral Code of Ordinances, (625 Manatee Bay Dr,) — Donceel, Randal Craig Trustee. Code Enforcement Officer, Brian Palmer, provided an overview of the Case history and presented exhibits for the Board's review. Officer Palmer stated that the Respondent's request to amend the Code of Ordinances was heard at the November 13, 2013 Planning & Zoning Board Meeting. The Board directed Staff to continue research on the requests and other processes by which location of accessory structures might be considered. Officer Palmer submitted a request from, the Planning & Zoning Board to the Code Enforcement Board to defer any action against the Respondent until the end of January 2014. Craig Donceel, property owner, stated that he has been to two Planning & Zoning Board meetings for his request of a Code amendment and explained that the Planning & Zoning Director is still working on the proposed language revision to the Code, Officer Palmer respectfully requested that the Board find the Respondent in non-compliance and give the Respondent until February 20, 2014 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance, Mr. Doncell stated that the Planning & Zoning Director does not have a deadline to complete the revision and next meeting date would be January; therefore, he requested an extension of six months. Officer Palmer explained that the February 201h compliance hearing would provide the Board with an update. Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance and be given until February 20, 2014 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75,00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 5. Case No. 13-00078 - Violation of Section 105.1, Permit Reguired; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (8522 N. Atlantic Ave.) — Canaveral Breakers Annex, Inc., c/o Clifford Whitney, R.A. Code Enforcement Officer, Brian Palmer, provided an overview of the Case history and presented exhibits for the Board's review. Officer Palmer testified that the violation is for work without a permit. Officer Palmer stated that a permit has been obtained and work has commenced, Code Enforcement Board Meeting Minutes November 21, 2013 Page 4 Officer Palmer respectfully requested that the Board find the Respondent in non-compliance of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and give the Respondent until May 12, 2014 to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Motion by Mr. Lotspeichi, seconded by Mr. Hale, to amend Staff's recommendation and find the respondent in violation and be given until May 12, 2014 to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. F1WQWr9]ZFWA .TZIIRM 6. Case No. 10-100075 - Violation of Section 34-96(bdj, Standards Established; and Section 34-99(l)(2), Landscape Appearance and Maintenance, of the Cit Y of Cape Canaveral Code of Ordinances, (7523 Magnolia Ave) — Residential Credit Solutions, Inc., Property Owner, Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 7. Case No. 10-00140 - Violation of Section 108.1, 'Unsafe Structures & Eauir)ment: Section 108.1.3, Structure Unfit for Human Occupancy� Section 303.1 General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1 , Generali; and Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8713 Hibiscus Ct.) — Federal National Mortgage, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the property. Officer Alexander explained that the disrepair of this property has affected the adjoining property. Carla Reece, Attorney representing Federal National Mortgage, stated that the new owner is currently obtaining estimates for the repairs including demolition and renovation of the interior of the unit. Ms. Reece explained that Federal National Mortgage has recently obtained this property and is the first Notice of Violation for them; therefore, Ms. Reece requested until February for the repairs to take place without the lien being imposed. Edmund Thur, property owner of adjoining property at 8711 Hibiscus Ct., testified that this property has been in disrepair since 2010 and the bank has not done anything to repair the property. Mr. Thurz stated that he had to have his roof repaired due to the condition of the adjoining roof. He further stated that his property is still been adversely affected by 8713 Hibiscus Ct. Code Enforcement Board Meeting Minutes November 21, 2013 Page 5 Ms. Reece assured the Board that she will see this through and that Mr. Thurz concerns are addressed. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 108.1, Unsafe Structures & Equipment; Section 108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1, General; and Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of two hundred fifty dollars ($250.00) per day until found in compliance. Motion by Mr. Hale, seconded by Mr. Mars, to accept Staff's recommendation and find the Respondent in violation and impose a fine in the amount of two hundred fifty dollars ($250.00) per day until found in compliance. Vote on the motion carried unanimously. 8. Case No. 13-00057 - Violation of Section 34-122(a), Public Nuisances Prohibited, of the Cit y of Cape Canaveral Code of Ordinances; and Section 105.1, Permit Requirec17 Section 110.1 Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7450 Magnolia Ave.) Global Capital Partners LLC, c/o Michael H. Schnetzler, R.A. Code Enforcement Officer, Brian Palmer, provided an overview of the Case history and presented exhibits for the Board's review, Officer Palmer testified that he received a complaint for an overgrown yard and a site inspection revealed an overgrown yard and interior renovations, Officer Palmer stated that he contacted the property owner who informed him that he no longer owned the property. Officer Palmer sent a revised Notice of Violation to the new owner and has not had any contact. Officer Palmer respectfully requested that the Board find the Respondent in violation of Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and give the Respondent until January 23, 2014 to come into compliance or impose a fine 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 found in compliance. Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in violation and be given until January 23, 2014 to come into compliance or impose a fine 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 found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 21, 2013 Page 6 .i'_9 ► 11= 9. Case No. 12-0005 — Application for Satisfaction or Release of Code Enforcement Lien, k201 International Dr. #214) — Federal National Mortgage Assoc., Property Owner, Code Enforcement Officer, [puree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for the condition of the property. Officer Alexander stated that a lien was filed against the property in the amount of two hundred and fifty dollars per day, from February 23, 2012 through August 3, 2012, and totaled forty thousand seven hundred and fifty dollars ($40,750.00) Randy Bock, Representative of Federal National Mortgage Assoc., requested a full satisfaction of the lien, less administrative costs, due to the fact that the property is habitable and the bank was not the original violator. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of forty thousand seven hundred and fifty dollars ($40,750.00) to twenty thousand dollars ($20,000.00). Motion by Mr. Lotspeich, seconded by Mr. Hale, to recommend that Council reduce the lien in the amount of forty thousand seven hundred and fifty dollars ($40,750.00) to ten thousand dollars ($10,000.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 7:04 P.M. Approved on this —day of 2014. Mary Russell, Chairperson Joy Lombardi, Board Secretary CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD�9' CO ITTr-r- Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an 6ppkatft. Core prohibits a person from serving on a City Board or Committee if that person has been convicted of a, felony, unless their civil rights have been restored, Please complete the following in the space provided: A. GENERAL r, 1. Applicant Name: --J f -c R - Y H. r 2. HomeAddress: lmwlil� 14 o v-^ e- C -e- L_ 3, Home and Cellular Telephone: 321- 7,e-3 - 0 30!9 2.1 - 5bQ - 4:53 4. Occupation, 1"51AA^-Jc-C, SALe5 51. Business Telephone:S -.:L �_+_ - - - - , : 6. Business Address: 7 E -Mail* J S t> L_ A B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (y) (N) 3a. Are you: a Business owner: (Y) ✓ (N) 3b, If yes to 3a, please list the name:- A- P_ L �Q/Y. 4a, Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) _ (N) 4b. If yes to 4a, have your civil rights been restored? (y) (N) 5a. Co you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N!) 5b. If yes to 5a, please list each: Page I of 3 6, City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initi IS consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) L7(N) 7a,. Are you related to a City of Cape Canaveral Council membeT by blood, adoption, or marriage? (Y) - (N) 7b, If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTWEXPERIENCE 1 Briefly state your interest in serving on a City advisory board:, or committee: a R 6 C 4 6Z 4 I/PW 41 :5 .4 &,eifn 7 :aQ b Ve A .1 -7 1 In numerical sequence (I = most interested), please rank which advisory board or committee on which you wish to serve! a, '2- Board of Adjustment* lb. Business and Economic Development Board* C. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board 9- Library Board! h. Planning and Zoning Board* L Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure F6rrn upon appointment to said board and prior to July I of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Te L ireacep Se-T-aeo ve/Z. -t 4/ c_Lghs _1 t4 klUge r, Alle, rA-r;?'1 qA. 3ee&� �:Qs - �:G& Q ue& � Yew 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc,) that you feel help to quality you for membership on the desired board or committee. yepa 5 C! -r 4_1ZD4.CT SP -49 (9 0 rJg -,,a, L L ; ,,a D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board: and committee members. Please check the appropriate boxes: Page 2 of 3 RACE African-American Asian -American Hispanic -American Native -American Caucasian Not Known YOU HEREBY REPRESENT TO THE PERJURY, THAT THE INFORMATION BEST OF YOUR KNOWLEDGE, AND RELY ON THAT INFORMATION. GENDER Male Female Not Known DISABILITY Physically disabled CITY OF CAPE CANAVERAL, UNDER PENALTY OF PROVIDED HEREIN IS TRUE AND ACCURATE TO THE THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO, YOU HEREBY ACKNOWLEDGE THE EXISTENCE, OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 2,86.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City boardis subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 86 !220 e ,221. — Signature: Date:0,/ Please return to: City of Cap 6 Carlbveral Office of the i Clerk 10'5 Polk Avenue Cape Canaveral Florida 32920 a sI �Date app;lication received- �Date Appointed: Term Expires: Page 3 of 3 City of Cape Canaveral Community & Economic Development Departmeni THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, kyj Respondent(s): Dolores G. Nagel, P.0 Suntrust Mortgage, Inc. CIO Shawn Blocker Location of the Violation: 201, 203, 205 Jefferson Avenue, Cape Canaveral 32920 PI: 24 -37 -23 -CG -00014.0-000l.00 CASE No. 2012-00012 DATE: 1/10/14 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 23, 2014 at. 6:00 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 6th 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 V1, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CA -PE 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 TED this I Oth day of January 2014 Duree Alexander, Code' Enforcement Officer 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 e Fax: (321) 868-1247 www.cityofcapecanaveraLorg a email: info@cityofcapecanaveral.org Uity of Cape Canaveral Community & Economic Development Department THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, im Dolores G. Nagel Owner of the Property located at: 201, 203, 205 Jefferson Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT & W 1A of LOT 2 BLK 14 PLAT BOOK 0003 PAGE 0007 Respondent, Case #12-00012 6 th 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 21, 2012 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 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 3011, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the of the International Property Maintenance 'Code (1998 edition), 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; 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 — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.city9fca al .or -mail: info cit feg aqLayqj�j,.M T�gc�qq�L�g e __qc_ Case #12-00012 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, 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 September 20, 2012. 7. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. 8. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 21, 2013. 9. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 20, 2013, 10. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 19, 2013. 11. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on November 21, 2013 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until Janua[y 23, 2014 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 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; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on June 21, 2012 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; Case #12-00012 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 21st day of November, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Copies furnished to: Dolores G. Nagel, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral COMmUnity Development Department kNAVERAL poration, ,-%juipiamain, V. Respondent(s): Ronald H. & Christine T. Lero H/W Location of the Violation: 280 Monroe Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00020.01-0014.,00 .......... . .... CASE No. 2012-00090 DATE: 1/10/14 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 23, 2014, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the 2nd Amended Order Imposing Penalty On First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A 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 10th day of Janu 2014 bu�rec Alexander, Code Eiiforcetnent Officer ' 510 ;\dallt]C J1N'0111C N)St OflICC 110X 326 0 Caj-)c Canaveral, 1:1- 32920-0326 liti0ding & Codc Ftifoicenivni: (321) 868-1222 Planning & Dovlop"'Clir (321) 368-1206 - Nx & Inspccdon: (321) 868-1247 I cmail; ccxil-)cc:iii:iN,cr;tlCtcfl,rr.coiii City of Cape Canaverg Community & Economic Development Department CAS CAP CITY or CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00090 A Florida municipal corporation, Complainant, V. Ronald H. & Christine T. Lero Owner of the Property located at: 2801 Monroe Ave, Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA, LOT 14 & WLY 38.07 FT OF LOT 15 BLK 20 PLAT BOOK 0003 PG 0007 Respondent, 2"' AMENDED ORDER IMPOSING PENALTY ON FIRST VI'OLATIO (AMENDED AS TO ADDITIONAL TIME) i THIS, CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on February 21, 2013 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 Ihaving 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. Findims 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; Section 1101, 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 present at the hearing; 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 a Fax., (321) 868-1247 www.cityofcapecanaveral.org ® email: info@ciryofcapecanaveral.org Case #12-00090 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105. 1, Permit Required; Section 110. 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 had representation present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 18, 2013. 7. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on October 17, 2013. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until January 23, 2014 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500,00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, lin accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article W. Case #12-00090 DONE AND ORDERED at Cape Canaveral, Florida, thus 17"' day of October, 2013. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Ru el Chairperson Copies furnished to: Ronald H. & Christine T. Lero, Property Owner Donald Sargent, Tenant City of Cape Canaveral, Case File Complainant, a Respondent(s): Geoffrey M Duggan City of Cape Canaveral imunity & Economic Development Department (AL Location of the Violation: 7306, Poinsetta Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00052.0-0009.04 CASE No. 2013-00062 DATE: 1/13/14 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 23, 2014, at 6:00 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 Repeat 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 D this 13th d o January, 20:---,\ D'Uree Alexander, Code Enrcernent Officer 7510 N. Atlantic Avenue • Post Office Box 326 - Cape Canaveral, Fl, 32920-0326 Telephone: (321) 868-1222 a Fax: (321) 868-1247 www.cityofcapecanaveral.org a email: info@cityofcapecanaveral.org 1014 * Uity %a' Canaveral Community & Economic Development Department THE CITY OF CAPE CANAVERAL CASE NO. 2013-00062 A Florida Municipal Corporation, Date: 7/12/13 Complainant, V. Owners of the property located at: 7306 Poinsetta Avenue, Cape Canaveral, FL 32920 PURSUANT to, Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code 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/ CORRECTED WITHIN TBE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST DAMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where vin tions) exit(s)-. 7306 Poinsetta Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Geoffrey M. Duggan 7306 Poinsetta Avenue Cape Canaveral, FL 32920 75101'x. Atlantic Avenue - Post Office Box 326 ® Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 a, Fax: (321) 868-1247 www.ciryofcapecanaveTal.org - email: info@cityofcapec=2veral.org 2013-00062 Page 2 Our office received a complaint regarding trash and debris located in the front side yard, and rear yard of your property. Continued good appearance depends on the extent and quality of maintenance for all land improvements within the City. Every property owner is required to maintain their property in a clean and sanitary condition. NOTE: This is a Repeat Violation pursuant to the Order Imposing Penalty on First Violation issued April 11, 2011, and posted on your property May 9, 2011. Description of Violation(s) at property: Section 34-96, (d), Standards Established; (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 34-97, (a), (1), (2), Duties and Responsibilities for Maintenance; (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. (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. 3. Recommendation(s) to correct the violation(s): described above: ® Remove all trash and debris, from the side yard and back yard. • Maintain the property in a clean and sanitary condition. • Maintain all vegetation on your property by trimming on a regular basis, and/or the removal of any overgrowth and dead or dying trees. • You must submit an application to the Building Department for the approval to remove the dead Bay Trees on your property. 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 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. urea Code Enforcement Officer Complainant, V. Respondent(s): Joseph Ricca City of Cape Canaveral imunity & Economic Development Department 4 ..L Location of the Violation:. 2'18 Johnson Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00070.0 -0012.00 CASE No. 2013-00063 DATE, 1/13/14 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 23, 2014, at 6:00 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 Respondents) 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. ED this 13th day of January, 2014 Durce Alexander, Code Enforcement Officer 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 a Fax: (321) 868-1247 www.cityofeapecanaveral.org - email: info@cityofcapecanaveral.org City of Cape Canaveral Community & Economic Development Departmeni THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, W Owners of the property located at: 218 Johnson Avenue, Cape Canaveral, FL 32920 Respondent(s).- Joseph Ricca CASE N0.201. -00063 Date: 7/17/13 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) recurs) 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): 218 Johnson Avenue, Cape Canaveral, FL 32920 2. Name and o4Orrss Of Owne, of prop r s prty where violgipp( Vjj�t; Ri Joseph .. WQ4 sop Ye:RW C40Q -Canaveral, FL 32920 7510 N. Atlantic Avenue a Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www,cityofcapecanaveraLorg - email: info@cityofcapecanaveraLorg 2013-00063 Page 2 Our office received a complaint regarding work being done without the required permits. A site visit revealed a structure being erected in the rear yard. A Stop Work Order was posted on the property on 7/10/13. No further work may be done on the property until a permit has been obtained. 3. Description of Violation(s) at property: 82-31, Florida Building Code Adopted; The Florida Building Code 2007 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out, FLBC Section 105. 1, Permits Required; Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC I 10. 1 General Inspection(s); Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. NOTE: Permits are reqaired for ..qpy work as state in the Florida Building Code 105. This would include any type of interior remodeling, 4. Recommendation(s) to correct the violation(s) described above: * You must obtain a permit for the structure you have erected in the rear yard. 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 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. Duree Alexander Code Rnforcement Officer City of Cape Canavera I Community & Economic Development Depairttmel THE CITY OF CAPE CANAVERAL CASE No. 2013-00088 A Florida Municipal Corporation, DATE: 01/09/2014 Complainant, V. Respondent(s): JENKINS, ALPHONSO 111, & JENKINS, MATRICIA D H/W Location of the Violation: 308 LINCOLN AVE, CAPE CANAVERAL 32920 Parcel ID: 24 -37 -23 -CG -00067.00012.00 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 23d, 2014, at 6:00 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 V1, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property, 7510 N Atlantic Avenue — P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanqverAL9jg e-mail: infoL@_qitvofeapecanaveral,or� 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 9th day of January, 2014 Brian Palmer, 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.cit)1ofcqpecaqgLgqj,M e-mail: info gcit)Lofcqp�qcqmLycral.org %_,ity of Cape Canaveral Community & Economic Development Department VISED NOTICE OF VIOLATION LVERAL CASE NO. 2013-00088 on, Date: 10/16/2013 Owners of the property located at: 308 LINCOLN AVE, CAPE CANAVERAL 32920 Respondent(s): JENKINS, ALPHONSO III, & JENKINS, MATRICIA D H/W 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): 308 LINCOLN AVE, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: JENKINS, ALPHONSO III JENKINS, MATRICIA D HAV 1900 BARTON BLVD ROCKLEDGE, FL 32955 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.ci fcapecanaveral,,o e-mail: info okit ofcapecanaveral.or Page 2 2013-000 088 Our office received a complaint regarding the condition of your property and a site visit revealed the exterior of the property in poor condition. Further investigation revealed the units did not have smoke alarms and the door on unit #2 would not lock. 3. Description of Violation(s) at property: Sec, 34-97. (a), (1), Duties and responsibilities for maintenance. Sec. 82-221. hitemational Property Maintenance Code 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. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. See. 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. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (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. See. 34-99. (1), (2) Landscape appearance and maintenance. The community depends on trees and plant material to enhance its beauty, moderate its climate and provide year-round greenery and color. Landscaping criteria shall include but not be limited to the following: (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. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityQfq�jMcap e-mail: info�qqj,�fcqecanaveral.o Page 3 2013-00088 See. 34-121. (4), (5) Intent. The presence of weeds, brush and rank vegetation (excluding: shade trees, ornamental shrubs, Fruit trees, domesticated berry bushes and vines, cover crops, domesticated grains and plantings and cultivated wild flowers) on all properties in city are a menace to the public safety, health and welfare as they: (4) Furnish a potential harborage or breeding place for disease -carrying insects, arthropods, animals and poisonous snakes; and (5) May adversely affect and impair the economic welfare of adjacent property, See. 34-122. (a) Public nuisances prohibited. (a) All grass areas and yards on improved property shall be properly 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 six inches in height. I.P.M.C. Section 303,14 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. I.P.M.C. Section 705,5 Smoke detectors. A minimum of one approved single -station or multiple -station smoke detector shall be installed in each guestroom, suite or sleeping area in residential and group home occupancies, and in dwelling units in the immediate vicinity of the bedrooms in occupancies in one- and two- family dwellings and multifamily dwellings. In all residential occupancies, smoke detectors shall be required on every story of the dwelling unit, including basements. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level. I.P,.M.C. Section 705.5.1 Installation, All detectors shall be installed in accordance with the building code .and the manufacturer's instructions. When actuated, the smoke detectors shall provide an alarm suitable to warn the occupants within the individual room or dwelling unit. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www,ci!ygfcapccanaNq�a_l.._-e -mail: info( cityofewecanaveral. orR Page 4 2013-000,88 I.P.M.C. Section 705.5.2 Power source. The power source for smoke detectors shall be either an AC primary power source or a monitored battery primary power source. I.P.M.C. Section 705.5.3 Tampering, Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this code. 4. Recommendation(s) to correct the violation(s) described above: * Remove all trash and debris * Replace all broken windows * Mow grass and remove weeds from property * Contact FPL about trimming trees away from power lines * Repair fence * Install smoke detectors in all units * Repair all doors that do not operate properly 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 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. Brian Palmer 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.cityoo1fc�aoecana _)c mf a �_.g,n veralprg e-mail: info 47 itil"11111"i 'c ,)ecanaveral o CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE 9 2010-00075 APPLICATION FEE $ $100.00 APPLICANT: Robert Thornton DATE: 1/10/2013 ADDRESS: 8117 Stacy Road CITY: Charlestown NATURE OF VIOLATION(S): STATE: IN ZIP., 47111 Sec 34-99 Landscape Appearance and Maintenance ADDRESS OF SUBJECT PROPERTY: 7523 Magnolia DATE FINE/LIEN IMPOSED: April 21,2011 AMOUNT: —/DAY ORTOTAL COMPLIANCE DATE- � I 10,1 t' va, RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES$ 13 12 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: (If more space is needed add additional pages) 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) New Owner 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) As new owners we are excited to be fortunate enough to have found this property and become part of this community. We want to improve and maintain this property so it will once again be a pleasing building and housing for local Canaveral, residents. CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CON'T I CERTIFY THAT THE INFORMATION CONTAINED WITHIN THIS APPLICATION IS TRUE AND CORRECT. . . ...... ...... Z�,- I //C Applicant's Signature - Date a- YO &I - aq:3-1 FOR NOTARY USE ONLY: STATE OF COUNTY OF SWORN and subscribed before the this day of 'Dre 20_,by_ '?, 71horLrk&1 Printed Name of Applicant who provided identification: jqLp, � ts A,6 (6 P 57 e- or El is personally known to me. Sea]: Signature - i-Itary Pu is At Large FOR STAFF USE ONLY APPLICATION FEE- $ 160- C)O RECEIVED BY CITY ON COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON 111-2(tIS CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH THE FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 3Q WIT: Total I @is. to ON OR BEFORE "ash AUIOL�nt 0, go C �,, 1": `, A I I Arwttnt $ 1 lt @ . 0 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF COTE ENFORCEMEN`T` LIEN CODE ENFORCEMENT CASE #�: �� � APPLICATION FEE: S -Zoo APPLICANT:4111141 { D ATE : ADDRESS: 00ejr%fr2 CITY: STATE: ZIP:?+ NATURE OF VIOLATION(S): w ADDRESS OF SUBJECT PROPERTY:./07 DATE FINEILIEN IMPOSED: AMOUNT; (DAY OR TOTAL COMPLIANCE DATE:�- RELIEF REQUESTED: SATISFACTION /Dd,ICTTI {Circle one} IF REDIICTION, THE APPLICANT PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE, THE FACTUAL BASIS UPON WHICH THE VIOLATOR .BELIEVES THIS APPLICATION SHOULD BE GRAF'T'ED: (If more space is needed add additional pages) TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) 042 �49— TIAE REASONS, M ANY, WHY THE APPLICANT IIID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE !ORDER OF PENALTY OR, ;FINE BE G IMPOSED ANIS RECORDED: (If more space is needed acid additional pages). . ANY ADDITIONAL FACTS. OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WANT THE REDUCTION OR SA.TOF PENALTY OR FINE: (If more space is needed add additional pages) _ 1 Lm IS Signature Date: / /a -/ STATE OFF— 0 C\ c,t COUNTYOF f , BEFOREME, the undersigned authority did personally appear –i(. ' as '\ -C\ who provded identification,.'after and who after being place under o information contained within this application is true and correct, , swore or affirniedithe APPLICATION FEE: $ 1co, Gy' 75 ,40041� Notary Public State of Florida :11 Aluji.lc K Xotary -Pub My Commission EE 177656 OF Expires 0311112016 FOR STAFF USE ONLY RECEIVED BY CITY ON I I 10 tr q COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON 11 CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: _ YES ACTION OF CITY COUNCIL. — APPROVE; DENY; _ APPROVE KITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,