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HomeMy WebLinkAboutCEB AGENDA PKT 04-17-14 (2)Call to Order Roll: Call 0 ity of Cape Canaveral nmunity & Economic Development Department AGENDA )DE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE APRIL 17, 2014 6:00 P.M. Establish Next Meeting Data: May 22, 2014 PUBLIC PARTICIPATION: 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.9, approval of agenda, rninutes, 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, NEW BUSINESS: Approval of Meeting Minutes: February 20, 20114 Z Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape, Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required, Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (350 Monroe Ave.) — Antonio Romano, Property Owner. 3. 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, 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.eitYofcaPecanaveral.or e-mail: Lnfo@.c�jtofca �eean�averal�.qr Code Enforcement Board Agenda April 17, 2014 Page 2 OMNI .. .......... 4. Case No. 13-00109 - 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, (283 & 285 E. Central Blvd.) — Charles W. & Helen Chapman Pindziak, Property Owners. 5. Case No. 14-00026 - Violation of Section 78-128, Change of Use; Section 78-121, Established; and Section 78-99, Fees, of the City of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd.) — Elpidasmar IManagement LLC, c/o Pantelis Markogiannakis, Poperty Owner; Saigon Restaurant, LLC, c/o Hai T. Tran, Business 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 chaflenges 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. waluej 11110 1 1 1, CIODE ERFURGE-RIE I I BUA - MEETING MINUTES FEBRUARY 20, 2014 6:00 PM i A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 20, 2014, 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. IMIMIT11-yan.-.1 Mary Russell Raymond Viens James Hale Lynn Mars Walter Godfrey Ralph Lotspeich Cs Immmijoamm .. .. .. .... . . . ........ puree Alexander Brian Palmer Joy Lombardi Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on March 20, 2014. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: November 21, 2013, Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of November 21, 2013, as written. Vote on the motion carried unanimously. Z Interview Prospective Board Member, Jerry ._H.._Aqtmaal. Jerry Agtmaal stated that he has been in the insurance industry since 1989. His experience included being an insurance adjuster for various companies. He stated that he believes he would be able to give some insight on how insurance relates to the Codes. Code Enforcement Board Meeting Minutes February 20, 2014 Page 2 Mary Russell, Chairperson, asked the prospective Board Member how long he has lived in Cape Canaveral, Mr. Agtmaal replied that he has been in the area since 2010. Chairperson Russell inquired about the Code Enforcement Board being Mr. Agtmaai's third choice. Mr. Agtmaal stated that he was on the Construction Board of Appeals but wanted to be more involved in the community, Chairperson Russell advised all applicants that, according to City Code, Members may not file a Code Enforcement complaint against anyone. Mr. Agtmaal stated that he just wants to serve, the community and be a part of the growth. 3. Interview Prospective Board Member, Christopher C. CloneV. Christopher Clloney stated that he is an attorney and has a law office located in Cocoa Village. He further stated that he and his wife moved to Cape Canaveral eight years ago and he serves on the Condominium Board where they reside. Mr. Cloney explained that he is interested in public safety, the appearance of the community, and he would like become more involved in the City. Chairperson Russell stated that the Florida Sunshine Laws apply to all Code Enforcement Board Members,, 4. Interview Prospective Board Member. Desmond A. Wassell Desmond Wassell stated that he has been visiting Cape Canaveral for the past eight years and moved here full-time about a year and a half ago. At that time, he decided to get involved in the community so he got involved in the church and he is a volunteer Chaplain at the Cape Canaveral Hospital. He added that he was interested in doing more, so he applied for several of the vacant positions for Board Members. Mr. Wassell explained that he is unfamiliar with the Codes but that he is a quick study. He spent the first fifteen years of his career with the Military Defense Department, seven years in the Pentagon, and was a Human Resource Executive for the last fifteen years of his career. Mr. Wassell explained that he went to the City website and read the Minutes from several meetings to familiarize himself with the Code Enforcement Board operations. He stated that he found them interesting in that the decisions of the Board were clear and that there is sometimes room for compromise and other times where, the Board increased a fine to get the attention of the Respondent. Chairperson Russet] explained that the Board can be flexible and gracious if the Respondent is trying to work with the Board but that they can increase a fine to get the attention of a Respondent. Mr. Wassell concluded by saying that he is level-headed and likes to work in a collegial manner Code Enforcement Board Meeting Minutes February 20, 2014 Page 3 5. Interview Prospective Board Member, John R. Florido. John Florido stated that he is a deacon with the Christ Lutheran Church. He further stated that he served in local government for twenty years, Mr. Florido has lived in Cape Canaveral for fifteen months. Mr. Florido explained that it is best that he withdraw his application to serve on the Code Enforcement Board due to the fact that there are three qualified candidates and only one seat. Mr. Florido went on to say that he loves the City and is willing to serve wherever there is a need; including the planting of sea oats. Motion by Veins, seconded by Mr. Hale, to recommend three candidates to City Council for consideration; excluding Mr. Florido who withdrew his application. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 6. Case No. 12-00012 - Violation of 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 of Cape Canaveral Code of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. N:agelPro pertv 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 is in the process of taking possession of the property. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order and impose the fine iin the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($,75,00) per day until found in compliance. Motion by Mr. 'Diens, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance and 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 until found in compliance. Vote on the motion carried unanimously., 7, Case No. 1200090 - Violation of Section 105.11, Permit BgguiredN 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. 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 on April 16, 2013, a contractor obtained the required permit. Officer Alexander further stated that the renovations are progressing and the contractor has had several approved inspections which extended the expiration date of the permit to January 20, 2014. The Building Official, Glenn Pereno, granted an additional extension of 30 days, therefore, the current expiration date is February 28, 2014. Code Enforcement Board Meeting Minutes February 20, 2014 Page 4 Officer Alexander stated that Christine Lero, property owner, contacted her to request the Case be heard at the next meeting due to the fact that she was not able to attend because of an illness. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order and impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Mr. Viens, seconded by Mr. Hale, to amend Staff's recommendation and find the respondent in non-compliance and be given until March 20, 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 one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously, & Case No. 13-00057 - Violation of Section -.34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and Section 105.1, Permit Reguired; Section 110.1 Inspections General, of the Florida Buildinq Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7450 Magnolia Ave.) -- Global Global Capital Partners LLC _c/o Michael H. Schnetzler, D.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. He stated that a site inspection revealed an overgrown yard and interior renovations. Officer Palmer further 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. To date, a permit has not been obtained, Officer Palmer respectfully requested that the Board find the Respondent in non-compliance of the Board Order and 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, Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in violation and 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, PUBLIC HEARINGS: 9. Case No. 13-00048 - 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, (7101. Rid-gewood Ave., Unit 105 — Victor A. Fera Jr. & Lillian R. Fera, Property Owners. 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 had been obtained; however the permit expired on December 25, 2013. Officer Palmer further stated that on February 14, 2014, the contractor reinstated the permit and has 30 days for the inspection, Code Enforcement Board Meeting Minutes February 20, 2014 Page 5 Officer Palmer respectfully requested that the Board find the Respondent in 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, and give the Respondent until March 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 one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Mr. Viens, seconded by Mr. Hale,, to accept Staff's recommendation and find the respondent in violation and be given until March 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 one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 110. Case No. 1'3-00063 - Violation of Section 105.1, Permit Required: Section 110.1, Inspections General, of the Florida Building Code, as adopted bV Section 82-31, of the City of Cape Canaveral Code of Ordinances, (218 Johnson Ave..) — Joseph Ricca, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for work without a permit. She further testified that on July 10, 2013, the property was posted with a 'Stop Work Order' by the Building Official. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 105.1, Permit Required; Section, 11101, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of fifty dollars ($50.00) for the first day and twenty-five dollars ($25.00) per day thereafter until found in compliance. Motion by Mr., Viens, seconded by Mr. Hale, to amend: Staff's recommendation and find the Respondent in violation and impose a fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.010) per day until found in compliance. Vote on the motion carried unanimously, 11. Case No. 13-00088 - Violation of Section 34-96(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, Sk light and Door Frames; Section 705.5, Smoke Detectors, of the International Pro erty Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances (308 Lincoln Ave) — Matricia D. & Alphonso Jenkins III, Property Owners. Code Enforcement Officer, Brian Palmer, testified that this Case is in compliance. Code Enforcement Board Meeting Minutes February 20, 2014 Page 6 OLD BUSINESS: 112. Case No. 10-00075 — Application for Satisfaction or Release of Code Enforcement Lien, (7523 Magnolia Ave,) —Robert Thornton, 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 exterior condition of the property, Officer Alexander stated that on April 21, 2011 the Code Enforcement Board entered an Order Imposing Penalty against the above -referenced property in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred dollars ($100.001) per day until the violation is corrected and full compliance is confirmed. During the period of non-compliance the unit was owned by Randy Kummerfeldt. Officer Alexander stated that on November 21, 2013 the property was brought into compliance. The lien stopped accruing and the total fine is ninety-four thousand five hundred and fifty dollars ($94,550.00). Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of ninety-four thousand five hundred and fifty dollars ($'94,550.00) to ten thousand dollars ($10,000.00). Robert Thornton, the new property owner, testified that he has recently purchased this property and is interested in relocating to Cape Canaveral. He stated that he obtained a permit and is currently in the process of putting on a new roof and bringing the property up to Code., Mr. Thornton further stated that he considers this property a jewel, due to the location, and will maintain it. Motion by Mr. Hale, seconded by Mr. Viens, to recommend that Council reduce the lien in the amount of ninety-four thousand five hundred and fifty dollars ($94,550.00) to ten thousand dollars ($10,000.00), Vote on the motion carried unanimously. 13. Case No. 13-00033 — Application for Satisfaction or Release of Code Enforcement Lien., (1107 Anchorage Ave.) — Sea Spray Condominium Assoc., Property Owner, 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 was for the condition of the fence. Officer Palmer stated that on July 18, 2013 the Code Enforcement Board entered an Order Imposing Penalty against the above -referenced property in the amount of seventy-five dollars ($75.100) for the first day and twenty-five dollars ($25.00) per day until the violation is corrected and full compliance, is confirmed, Officer Palmer stated that on November 21, 2013 the property was brought into compliance. The lien stopped accruing and the total fine is three thousand two hundred dollars ($3,200.00). Officer Palmer submitted a letter from Lisa Durgin, property manager:, which stated that, due to lack of communication from the previous property manager, they were unaware of the violation and a lien was filed on the property. She further stated that as soon as it was brought to her attention the repairs were made and the property was immediately brought into compliance, Ms. Durgin requested a reduction in the lien amount, Code Enforcement Board Meeting Minutes February 20, 2014 Page 7 Officer Palmer respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of three thousand two hundred dollars ($3,200.00) to one thousand six hundred dollars ($1,600.00). Motion by Mr. Viens, seconded by Mr. Hale, to recommend that Council reduce the lien in the amount of three thousand two hundred dollars ($3,200,00) to one thousand six hundred dollars ($1,600.00). Vote on the motion carried unanimously, There being no further business the meeting adjourned at 7:35 RM. Approved on this —day of , 2014. Mary Russell, Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral Community & Economic Development Department THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, M Respondent(s): Antonio Romano Location of the Violation: 350 Monroe Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00021,0-0014.00 CASE No. 2012-00003 DATE: 4/7/13 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 17, 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 bearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the 3rd Amended Order Imposing Penalty on First Violation (Amended as to Additional Time) 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 BEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 7th day of April, 2014 Durce Alexander, Code Enforcement Of 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 , Fax: (321) 868-1247 www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org M .---.,Ity of Cape Canaver& ommunity & Economic Development Departme 4DE ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA Antonio Romano Owner of the Property located at: 350 Monroe Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY T14E SEA LOTS 14,15 BLK 21 PLAT BOOK 000 PAGE 0007 Respondent, Case #12-00003 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, f 1 '111 * 1 11 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 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required-, Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110- 296, Area and Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cilyof e-mail: info@cityof ecanavgLI.or g Case #12-00003 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468, Accessory Structure; Section, 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles, and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances, 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 had representation 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 had representation present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 21, 2013. BASED UPON THE FOREGOING FACTS, AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until October 17, 2013 to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given, an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code, Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150,00) for the first day and! one hundred dollars ($1100.00) 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 p raragraph 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 #12-00003 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 Respondents) 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 viollation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of March, 2013. Is] NW&OU961-0 Mary RuT 11, chairperson Copies furnished to: Antonio Romano, Property Owner City of Cape Canaveral, Case File ,--,lty of Cape Canavera' Community & Economic o;..a. THE CITY OF CAPE CANAVERAL CASE No. 2013-00047 A Florida Municipal Corporation, DATE: 04/07/2014 Complainant, V. Respondent(s): DONCEEL, RANDAL CRAIG TRUSTEE Location of the Violation: 625 MANATEE BAY DR, CAPE CANAVERAL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 17"', 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 viol.ation(s) occurring upon the property of the Respondent(s) as set forth in the Amended Order Imposing Penalty On First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www,cityofeU,ecangveral.org e-mail: info@cityof ecanaveral,M 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, 7th day of April, 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.cityofc4pecanaveral.org e-mail: Uity of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #13-00047 A Florida municipal corporation, Complainant, V. Donceel, Randal Craig Trustee Owner of the Property located at: 625 Manatee Bay Dr. Cape Canaveral, FL 32920 LEGAL: DISCOVERY BAY LOT 25 PLAT BOOK 0040 PAGE 0023 Respondent, W11 (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 July 18, 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 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 110-468, Accessory Structures, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 1 That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 110-468, Accessory Structures, of the City Code; 7510 N., Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321),868-1247 www.cityofcapecanaveral.org ® email: infb@cityofcapecanaveral.arg Case #13-00047 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 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 February 20, 2014 to correct the 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 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; 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 puiblic 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 viollation(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, viiolation(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 violationi(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, T#F RD • TA A CITY OF CAPE CANAVERAL, FLORID Chairperson Copies furnished to: Donceel, Randal Craig Trustee Discovery Bay Homeowners Association, Inc., c/o George L. Schorn Jr., R.A. City of Cape Canaveral, Case File d' -N 0 of Cape Canaveral Community & Economic Development Department THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Charles W & Helen Chapman Pindziak Location of the Violation: 283 & 285 E Central Blvd, Cape Canaveral, Fl, 32920 PI: 24-37-14-51-5-6 & 24-37-14-51-5-7 CASE No. 2013-00109 DATE: 4/7/13 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 17, 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 EXMBIT "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. 4-WhACE I'AE-4711-11AL IS TO BE BASED. .ATED this 7th day of April, 2014 r. Co Duree Alexander, andeer, Co e Enforcement Officer 7510 N. Atlantic Avenue - Post Office Box 326 , Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 e Fax: (321) 868-1247 kity ot Cape u-'anaveral imunity & Economic Development Department X7UYP A I XAAA:d %—A A a WA, %"rmA Ali A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 283 & 285 E Central Blvd, Cape Canaveral, FL 32920 Respondent(s): Charles W & Helen Chapman Pindziak CASE NO, 2013-00109 Date: 11/21/13 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) 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): 283-285 E Central Blvd, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Charles W & Helen C. Pindziak 112 E Central Blvd Cape Canaveral, FL 32920 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 2013-00109 Page 2 Staff received a compliant regarding work being at the above named addresses without the required permits and approved inspections. 3. Description of Violation(s) at property: Section 82-31, Florida Building Code, (FBC); The Florida Building Code 2010 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 incorporated therein as if fully set out. FBC 10 5. 1 Required Permit(s); 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. FBC 110.1 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. 4. Recommendation(s) to correct the violation(s) described above: e Obtain a permit for the work done to the porticos on your buildings. Failure to comply within (1 S) 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. P "ee e. Code Enforcement Officer Attachments: complaint 'e" 0 ty of Cape Canaveral Community & Economic Development Department THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. CASE No. 2014-00026 DATE: 4/07/14 Respondent(s)- Elpidasmar Management, LLC, CIO Pantielis Markogiannakis, R.A. Saigon Restaurant, LLC, C/O Hai T. Tran, R. A. Location of the Violation: 8501 Astronaut Blvd, Cape Canaveral, FL 32920 PI: 24-37-15-00-00835.0-0000.00 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 17, 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 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 WHJCI-1 THE APPEAL IS TO BE BASED. DATED this 7th day of April, 2014 Duree Alexander, Co�dcEnforcement Officer 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32'920-0326 Telephone: (321) 868-1222 a Fax: (321) 868-1247 www.cityofcapecanaveral.org * email: info@cityofcapecanaveral.org uity of Cape Canaveral Community & Economic Development Department THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Elpidasmar Management, LLC C/0 Pantielis Markogiannakis, R.A. Saigon Restaurant, LLC C/O Hai T. Tran, R. A. Owner(s) of the property located at: 8501 Astronaut Blvd, Cape Canaveral, FL 32920 PI: 24-37-15-00-00835.0-0000.00 Case No. 2014-0,0026 Date: 3/18/14 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 violations) 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 bearing 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) hasihave 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): 8501 Astronaut Blvd., Cape Canaveral, FL 32920 PI. 24-37-15-00-00835.,0-0000.00 2. Name and address of owner(s) of property where violation(s) exist. Elpidasmar Management, LLC & Saigon Restaurant LLC r C/O Pantielis MR.A. C/O Hai T Tran, R. A. 1850 Charlesniond Drive, Suite 128 8501 Astronaut Blvd. Unit 1 & 2 Indialantic, Florida 32903 Cape Canaveral, Florida 32920 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920,-0326 Telephone: (321) 868-1222 ® Fax: (311) 868-1247 www.6tvofc-aner-2nnvPr:31 nra 0 pmn;la 2014-001026 Page 2 You were sent a registered letter, which was signed for on March 6, 2014, notifying you of the sewer impact fees owed by the Saigon Restaurant for the additional forty-five (45) seats. Your tenant and owner of the Saigon Restaurant, Mr. Hai T. Tran, were also noticed by way of posting the property. The letter required payment in the amount of $9,037.12, by March 18, 2014. Since your payment has not been received by the City we are proceeding forward with Code Enforcement action as allowed by law. 3. Description of Violation(s) at property: Section 78-128, Change of Use. For any structure or use of structure which is modified such that the sewer impact assessment is greater than the amount collected, the owner shall be assessed additional impact fees in accordance with sections 78-121 and 79-122. Section 78-121, Established. There shall be paid an assessment to defray the cost and expense of collection, transmission, treatment and disposal of sewage and for necessary equipment, repairs, replacement and additions and for any new sewer plant expansion for the city. Such assessment shall be for the sewer system on all new construction and all structures initially connecting to the city sewer system. The assessment schedule shall be: as set forth in appendix B to this Code. Section 78-99, Fees. It is the purpose of this section to provide for the recovery of cost from users of the city's wastewater disposal system for the implementation of the program established in this division. The charges and fees for the following shall be as set forth in appendix B to this Code and shall be payable to the city: (1) Initial wastewater discharge permit application, (2) Annual wastewater discharge permit renewal as provided in section 78-9 (3) Reviewing accidental discharge and construction plans and specifications. (4) Monitoring, inspections and surveillance procedures shall be the actual cost based upon labor rates of all individuals, involved, including any material and testing costs. 4. Recommendation to correct the violation(s) described above: ® Pay the assessed sewer impact fee(s) for the additional (45) seats in the amount of $9,037.12, within fifteen (15) days from receipt of this notice. * This must be paid by a certified check payable to 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 Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. (321-868-1222) ]Dorsa Alex Alexander Code Enforcement Officer