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HomeMy WebLinkAboutCEB Agenda Pkt. 11-19-09 (Revised)City of Cape Canaveral Community Development Department AGENDA CODEENFORCEMENTBOARD REGULAR MEETING 111 POLK AVENUE NOVEMBER 19, 2009 7:00 P.M. Establish Next Meeting Date: JanuaFy 01 2010 NEW BUSINESS: 1. Approval of Meeting Minutes: October 22, 2009. COMPLIANCE HEARINGS: X Case No. 06-00087 —Violation of Section 34-96(axb), Standards Established; Section 34-98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (8303 Rosalind Ave.) Joseph Blanchard, Property Owners. (2)r Con p4unc.�) Case No. 08-00127 — Violation of Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8740 Croton Ct.) - Chase Home Finance, LLC, C/O David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. 3. Case No. 08-00143 — Violation of Section 102, Tree Protection; and Section 102- 38, Enforcement and Penalties; Section 102-39(a), Permits, of the City of Cape Canaveral Code of Ordinances, (211/213 Jefferson Ave.) — Gerry Schmitz, Properly Owner. PUBLIC HEARINGS: 4 Case No. 09-00162 — Violation of Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (242 Canaveral Beach Blvd.) - Eudora R. & Leander D. George, Property Owners. 7510 N. Atlantic Avenue • Pon Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspeaion: (321) 868-1247 w drymfcapemnaveratorg • email: ccapecanaveral@cfl.rr.com Code Enforcement Board Agenda November 19, 2009 Page 2 ,2.Case No. 09-00117 — Violation of Section 82-12, Unsafe Building or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment; Section 303.4, Structural Members; Section 303.6, Exterior Walls; 303.16, Doors; Section 304. 1, General; and Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (290 Cape Shores Circle) — Banana River LP dba Banana River of Delaware LTD, Go Helen M. Ward, R.A. .3/ Case No. 09-00148 — Violation of Section 34-97, Duties and Responsibilities for Maintenance; and Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (6395 N. Atlantic Ave.) —Banana River LP, dba Banana River of Delaware, LTD; North Atlantic Properties, LLC; Helen M. Ward, R.A. -4: Case No. 09-00073 — Violation of Section 34-98, Building Appearance & Maintenance; Section 34-122, Public Nuisances Prohibited; and Section 34-126, Remedy by the City, of the City of Cape Canaveral Code of Ordinances, (217 Johnson Ave.) — Jerrod D. Shaw, Property Owner. 5. Case No. 09-000189 - Violation of Section 3497, Duties and Responsibilities for Maintenance; Section 34-122(b), Public Nuisances Prohibited; Section 34-123, Notice to Remedy Nuisance; and Section 34126, Remedy by the City, of the City of Cape Canaveral Code of Ordinances, (S210 FT of SW Y+ of SW % W) — Franklin D, & Elizabeth Hardaway -Geiger, Trustee. (2r. Conp1,*QA .) 6. Case No. 09-00192 — Violation of Section 3496, Standards Established; Section 34-98, Building Appearance and Maintenance; and Section 34100, Sign Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (8580 N. Atlantic Ave.) — M & P of Brevard, Inc., C/O Julie A. Blowers, R.A. w, ,( 7. Case No. 09-00205 — Violation of Section 78-55(a), Use of Public Sewer Required, of the City of Cape Canaveral Code of Ordinances, (8799 Astronaut Blvd.) —Zacharias & Adamantia Ligerakis, Property Owners. (U,'facFio �rt� Pursuant to Section 286.0105, F.S., the City hereby advise; the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate In any of these proceedings should contact the City Clerk's office at 868- 1221, 48 hours in advance of the meeting. City of Cape Canaveral Community Development Department AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE NOVEMBER 19, 2009 7:00 P.M. Establish Next Meeting Date: January 21, 2010 NEW BUSINESS: 1. Approval of Meeting Minutes: October 22, 2009. COMPLIANCE HEARINGS: 1. Case No. 06-00087 — Violation of Section 34-96(a)(b), Standards Established; Section 34-98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (8303 Rosalind Ave.) Joseph Blanchard, Property Owners. 2. Case No. 08-00127 — Violation of Section 3496, Standards Established; Section 3497, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304. 1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the Intemational Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8740 Croton CL) - Chase Home Finance, LLC, C/O David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. 3. Case No. 08-00143 — Violation of Section 102, Tree Protection; and Section 102- 38, Enforcement and Penalties; Section 102-39(a), Permits, of the City of Cape Canaveral Code of Ordinances, (211/213 Jefferson Ave.) — Gerry Schmitz, Property Owner. PUBLIC HEARINGS: 1. Case No. 09-00117 — Violation of Section 82-12, Unsafe Building or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 303. 1, General; and Section 303.2, Protective Treatment; Section 303.4, Structural Members; Section 303.6, Exterior Walls; 303.16, Doors; Section 304. 1, General; and Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (290 Cape Shores Circle) — Banana River LP dba Banana River of Delaware LTD, c/o Helen M. Ward, R.A. 7510 N. Adandc Avenue • Past Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 v ..dgrofcapecavavaal.org • email: ccapecvuved@cfl.a.com Code Enforcement Board Agenda November 19, 2009 Page 2 2. Case No. 09-00162 — Violation of Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (242 Canaveral Beach Blvd.) - Eudora R. & Leander D. George, Property Owners. 3. Case No. 09-00073 —Violation of Section 34-98, Building Appearance & Maintenance; Section 34-122, Public Nuisances Prohibited; and Section 34126, Remedy by the City, of the City of Cape Canaveral Code of Ordinances, (217 Johnson Ave.) — Jerrod D. Shaw, Property Owner. 4. Case No. 09-00148 —Violation of Section 34-97, Duties and Responsibilities for Maintenance; and Section 3498, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (6395 N. Atlantic Ave.) —Banana River LP, dba Banana River of Delaware, LTD; North Atlantic Properties, LLC; Helen M. Ward, R.A. 5. Case No. 09-000189 - Violation of Section 3497, Duties and Responsibilities for Maintenance; Section 34122(b), Public Nuisances Prohibited; Section 34123, Notice to Remedy Nuisance; and Section 34126, Remedy by the City, of the City of Cape Canaveral Code of Ordinances, (S210 FT of SW % of SW % W) — Franklin D, & Elizabeth Hardaway -Geiger, Trustee. 6. Case No. 09-00192 —Violation of Section 34-96, Standards Established; Section 3498, Building Appearance and Maintenance; and Section 34100, Sign Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (8580 N. Atlantic Ave.) — M & P of Brevard, Inc., CIO Julie A. Blowers, R.A. 7. Case No. 09-00205 —Violation of Section 78-55(a), Use of Public Sewer Required, of the City of Cape Canaveral Code of Ordinances, (8799 Astronaut Blvd.) —Zacharias & Adamantia Ligerakis, Property Owners. Pursuant to Section 266.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868- 1221, 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES OCTOBER 22, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 22, 2009, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Walter Godfrey James Hale Ralph Lotspeich MEMBERS ABSENT Karen Hartley Lynn Mars Duree Alexander Michael Richart Joy Lombardi Bob Hoog Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Board Secretary Mayor Pro Tem Assistant City Attorney The Board members established that the next meeting would be held on November 19, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Anoroval of Meeting Minutes: July 23, 2009. Motion by Mr. Godfrey, seconded by Mr. Hale, to approve the meeting minutes of July 23, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 22, 2009 Page 2 COMPLIANCE HEARINGS: Joseph Blanchard Prooertv Owners. Code Enforcement Officer, Duree Alexander provided and overview of the Case history and presented exhibits for the Board's review. Officer Alexander explained that the respondent only had a few items to complete and stated that the permit will not expire until January 2, 2010. Officer Alexander respectfully requested that the Code Enforcement Board amend the Board Order to give the respondent until November 19, 2009 to come into compliance. Motion by Mr.Viens, seconded by Mr. Hale, to accept staffs recommendation and give the respondent until November 19, 2009 to come into compliance. Vote on the motion carried unanimously. 2. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 3. Code Enforcement officer, Duree Alexander stated that the respondent was not properly noticed and requested the item be postponed until the next scheduled meeting. 4. Code Enforcement officer, Duree Alexander stated that the respondent was not properly noticed and requested the item be postponed until the next scheduled meeting. Code Enforcement Board Meeting Minutes October 22, 2009 Page 3 5. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. LIM Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: Citation No 0038 —Violation of Section 82-375, Construction Contractina Regulation Violation of the City of Cape Canaveral Code of Ordinances (226 Harbor Dr) Victoria Tucker, Contractor. Code Enforcement Officer, Duree Alexander provided a brief overview of the Citation history for the Board's review. Officer Alexander testified that the Citation was issued to the contractor for the removal of a tree without a permit. Victoria Tucker testified that she was not aware that a permit was needed to remove a tree. She further stated that the tree was dying and that it was damaging the roof of the house and walkway. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, deny the appeal for the citations to be revoked, and impose the civil citation fine in the amount of five hundred dollars ($500.00). Officer Alexander further requested that the respondent be given thirty (30) days to pay the fine or impose all costs associated with the enforcement of the violation in addition to the five hundred dollar ($500.00) fine. Discussion followed. Motion by Mr. Vien, seconded by Mr. Lotspeich, to accept staffs recommendation and give the respondent 30 days to pay the citation or impose all costs associated with the enforcement of the violation in addition to the five hundred dollar ($500.00) fine. Vote on the motion carried unanimously. .r �. rr .r . - ..: .r .r eLR5g23i - Code Enforcement officer, Duree Alexander stated that the respondent was not properly noticed and requested the item be postponed until the next scheduled meeting. Code Enforcement Board Meeting Minutes - October 22, 2009 Page 4 3. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. H Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 5. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. ADJOURNMENT: There being no further business the meeting adjourned at 7:27 P.M. Approved on this _day Joy Lombardi, Board Secretary 2009. Mary Russell, Chairperson City of Cape Canaveral Community Development Department THE CITY OF CAPE CANAVERAL Code Case:2006-00087 A Florida Municipal Corporation, Date: 11/022009 Complainant, V. Respondent(s) - Joseph Blanchard Owner(s) of the property located at: 8303 Rosalind Avenue, Cape Canaveral NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUANT to Section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) November 2, 2009 , as described below, have/has not been corrected pursuant to the entry of a Order Imposing Penalty on First Violation by the Code Enforcement Board dated October 23, 2008; requiring the respondent(s) to correct such violation(s) by paying the fine as set forth in the Order Imposing Penalty on First Violation. The respondent was present at the duly noticed Hearing held by the Code Enforcement Board on October 23, 2008. The respondent was not present at a duty noticed Compliance Hearing held by the Code Enforcement Board on January 22, 2009. The respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board on October 22, 2009. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit Section 34-96(a)(b), Standards Established; Section 34-98(b), Building Appearance and maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 105. 1, Permit Required; and Section 109. 1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, the City of Cape Canaveral Code of Ordinances, which exist(s) or existed upon the property and the respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby Initiating a compliance hearing on November 19, 2009, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 8303 Rosalind Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Joseph Blanchard 8303 Rosalind Avenue Cape Canaveral, FL 32920 3. Description of violation(s) at Property: Building Appearance and Maintenance, Work out the required permit(s) and approved final 4,c n(s)Duexander Code Enforcement Officer 7510 N. Adantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w .ciryofcapecanaveral.org • email: ccapecanaveral@c8.rccom City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA (OF CAPE CANAVERAL, municipal corporation, Joseph Blanchard Owner of the Property located at: 8303 Rosalind Avenue Cape Canaveral, FL 32920 Case #06-00087 LEGAL: CAPE CANAVERAL BEACH GDNS UNIT 1 PART OF LOT 3 BLOCK 1 AS DES IN ORB 2269 PG 322 PLAT BOOK 0016 PG 0131 Respondent, 2ND AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME1 THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on October 23, 2008 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 34-96(a)(b), Standards Established; Section 34-98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 105 Polk Avenue • Post 08'ice Box 326 " Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 " SUNCOM: 982-1220 " FAX: (321) 868-1248 e rnyfloridaxom/cape • e-mail: ccapecanaveral@cB.rr.com Case a06-00087 K3. That Respondents either failed or refused to correct such violation within the asonabIs time period provided in the Notice of Violation; that the Respondents were provided notice of hearing before the Code Enforcement Board and was present at the hearing; 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 34-96(a)(b), Standards Established; Section 34-98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, 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 January 22, 2009. 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 October 22, 2009 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondents be given until November 19. 2009 to correct any violation of the City Code on the Property; and 2. If Respondents fail 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 seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents 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 October 23 2008 3. If Respondents fail 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 recumenoe(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 f��ilZEC44S/ it's property, in accordance with -Section 162.09,. Florida Statutes, and City -of.Cape - Code, Chapter 2, Article Vl. DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day ofOctober, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ Il, Chairperson Copies furnished to: Joseph Blanchard, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this 2a day of ocToFx/ , 2009. JolYombardi, Board Secretary Duree Alexande , Code Enforcement Officer City of Cape Canaveral Community Development Department THE CITY OF CAPE CANAVERAL Case No. 2008-00127 A Florida Municipal Corporation, Complainant, NOTICE OF HEARING Owner(s) of the property located at 8740 Croton CL Cape Canaveral, FI. 32920 Respondent(s): Chase Home Finance, LLC C/O David B. Lowman, Manager Chase Home Finance, LLC C/O Kim D. Greaves, Manager Chase Home Finance, LLC C/O CT Corporation System A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violabon(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) isiam 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. Oft) this 30th of October 2009 Duree Alexander Code Enforcement Officer 7510 N. Adaptic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement. (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w .cityofcapecanaverel.org • email: cmpecanaveral@efl.recom City of Cape Canaveral Community Development Department )DE ENFORCEMENT BOARD 'OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2008-00127 A Florida Municipal Corporation, 10/20/2009 Complainant, V. Owner(s) of the property located at: 8740 Croton Ct Cape Canaveral, FI. 32920 Respondent(s): Chase Home Finance, LLC C/O Kim D Greaves, Manger Chase Home Finance, LLC C/O CT Corporation System Chase Home Finance, LLC C/O David B. Lowman, Manger PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) istam hereby notified that corrective action(s) to cure the violabon(s) described below is/am to be voluntarily performed within ten (10) days. In the event that the violation(s) is/are not Corrected within the time period set forth above or the violation(s) recurs) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalfies may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violabon(s) exist(s): 8740 Croton Ct. Cape Canaveral, FI. 32920 2. Name and address of owner(s) of property where violabon(s) exist: Chase Home Finance, LLC 3415 Vision Drive Dept. G-7 Columbus, Ohio 432198009 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canavcral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w cityofcapecanaveral.org • email: coapetanavcral@cfl.tacom Page 2 08-00127 Numerous complaints from the surrounding property owners generated a site inspection. The property appeared to be vacant and in extremely poor condition. Portions of the ceilings had collapsed and the property smelled of mold. The large window on the bottom floor had been broken and the windows on the second floor were left wide open during a severe storm that hit Central Florida and lingered for several days. It appeared that the inside of the structure received extensive water damage. The property was posted as "Restricted Use" by Todd Morley, Building Official on August 28, 2008. 3. Description of Violation(s) at properly: Sec. 82-221, "International Property Maintenance Code Adopted" Sec. 82-221. International 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. IPMC Sec. 302.1 Vacant Structures and Land: All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. IPMC Sec. 304.1 Interior Structure, General: The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure, which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 304.2 Structural Members: All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. IPMC Sect 304.3 Interior Surfaces: A I interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. City of Cape Canaveral Code of Ordinances: Sec. 34-96. Standards established. (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings; nonetheless both require maintenance in order to retain a good appearance. (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. Sec. 34-97. 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 fifth, garbage, trash, refuse, and debris. , Page 3 0&00127 4. Recommendation to correct the violation(s) described above: No one should occupy the unit until the following issues have been resolved. Allow the Building Official to inspect the property to determine minimum building code requirements. Corrective action taken based on the outcome of the inspection and minimum building code requirements. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recgripmenclations contained herein, do not hesitate to contact the below signed Code Enforcement Officer Eee CityofC enaverel. (321-868-1222) Alexander Code Enforcement Officer City of Cape Canaveral Community Development Department THE CITY OF CAPE CANAVERAL Code Case:2008-00143 A Florida Municipal Corporation, Date: 10/21/2009 Complainant, V. Respondent(s) G Schmitz Owner(s) of the property located at: 211, 213 Jefferson Avenue, Cape Canaveral NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUANT to Section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) August 20, 2009 and September 2, 2009, as described below, have/has not been corrected pursuant to the entry of a Order Imposing Penalty on First Violation by the Code Enforcement Board dated January 22, 2009; requiring the respondent(s) to correct such violation(s) by paying the fine as set forth in the Order Imposing Penalty on First Violation. The respondent was present at the duly noticed Hearing held by the Code Enforcement Board on January 22, 2009. The respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board on July 23, 2009. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Chapter 102, Tree Protection; Section 102-39(a), Permits: Section 102-38, Enforcement and Penalites, of the City of Cape Canaveral Code of Ordinances, which exist(s) or existed upon the property and the respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on November 19, 2009, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 211, 213 Jefferson Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): G Schmitz P.O. Box 622 Cape Canaveral, FI 32920 3. Description of violation(s) at Property: Chapter 102, Vegetation Duree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w ..cityufnpecanawral.org • email: ccapecanaveral@c6.a.wm City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA 1E CITY OF CAPE CANAVERAL, Case #08-00143 Florida municipal corporation, Complainant, u Gerry Schmitz Owner of the Property located at: 2111213 Jefferson Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 4 8 THE W % OF 5 PLAT BOOK 0003 PG 0007 Respondent, AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on January 22, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Chapter 102, Tree Protection; Section 102-38, Enforcement and Penalties; Section 102-39(a), Permits, of the City Code; exists or existed upon the Property; 3. That Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 w ..my6orida.com/cape • c -mail: ccapecanaveral@c6.rccom Case #08-00143 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Chapter 102, Tree Protection; Section 102-38, Enforcement and Penalties; Section 102-39(a), Permits, of the City Code; 5. That said violations exist within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on July 23, 2009. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine will be entered in the amount of two hundred and fifty dollars ($250.00) per Section 102-38(bx1), and the respondent shall be given until August 20. 2009 to comply and to meet the tree replacement remediation requirements per Section 102-49(b). 2. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of July, 2009. COaE ENFORCEMENT BOARD OF THE Walter Godfrey, Case #08-00143 Copies furnished to: Gerry Schmitz, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Resppondent (s) and/or Respondent's authorized representative on this 2v day of S� , 2009. 0061� Joy Ldmbardi, Board Secretary Duree Alexander, Code Enforcement Officer City of Cape Canaveral Community Development Department THE CITY OF CAPE CANAVERAL Case No. 2009-00162 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 242 CANAVERAL BEACH BLVD Respondent(s): Eudora R. & Leander D. George, H/W A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED, FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 29th day of October 2009 Michael Richert Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w ..cityofmperanaveral.org • email: ccapecanaveraI cB.rr.ccm City of Cape Canaveral ----------- - -- -- Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00162 A Florida Municipal Corporation, 9/02/2009 Complainant, V. Owners) of the property located at 242 CANAVERAL BEACH BLVD Respondent(s): Eudora R. & Leander D. George, HfW PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 242 CANAVERAL BEACH BLVD 2. Name and address of owner(s) of property where violation(s) exist: Eudora R. & Leander D. George, HNV 119-12 189th St., St. Albans, NY 11412 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Bwlding & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w .cityofcapecanaveral.org • email: ccapecanaveral@c6.rnmm A complaint has been received about the condition of the window at the front of your property at 248 Cherie Down Ln. Cape Canaveral, FI. 32920. ( see pic.) 3. Description of Violation(s) at property: 34-122 (a) PUBLIC NUISANCES PROHIBITED Sec 82-221. (IPMC) International Property Maintenance Code adopted Section 303 Exterior Structure. 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 303.2 Protective Treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistance woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. 4. Recommendation to correct the violation(s) described above: You will need to repair the window. Also, thanks for mowing the grass. 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) Michael Richert Code Enforcement Officer Ir Ci of Cape Canaveral -tom- P - _ Community Development Department THE CITY OF CAPE CANAVERAL Case No 2009-00117 A Florida Municipal Corporation Complainant, V. NOTICE OF HEARING Location of Violation: 290 Cape Shores Circle, Cape Canaveral, FI. Respondent(s): Banana river LP dba Banana River of Delaware LTD. C/O Helen M. Ward, R.A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, fi. 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) of Sec 82-12. Unsafe Building or Systems and Sec 82-221 International Property Maintenance Code Adopted, Sec 303 Exterior Structure, of the City of Cape Canaveral Code of Ordinances 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) and penalties may be assessed up to $250 per day for each first Violation. 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 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 VERBATIM RECORD OF THE BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED t 3rd ovember, 2009 rn_v Michael Richert Code Enforcement Officer 7510 N. Atlantic Avenue • Post Offi« Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w ..cityofcapecanaveral.org • email: cmpecanaveral@c0.rncom City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00117 A Florida Municipal Corporation, 6/17/2009 Complainant, V. Owner(s) of the property located at: 290 CAPE SHORES CIR Respondent(s): Banana River of Delaware, LTD C/O North Atlantic Avenue Properties, LLC C/OHelen M Ward R.A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice oP violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 290 CAPE SHORES CIR 2. Name and address of owner(s) of property where violation(s) exist: Helen M Ward R.A. 200 International Dr. # 206, Cape Canaveral, A. 32920 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofmpecanaverel.org • email: ccapecanaveral@c8.rr.com A site visit to 290 Cape Shoes Cir. revealed that the building is still unsafe and another Unsafe Structure Notice was placed on the building. 3. Description of Violation(s) at property: Sec 82-12; Unsafe Building or Systems Sec. 82-12. Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or other provisions of the City of Cape Canaveral Codes. Sec. 82-221. International Property Maintenance Code adopted Section 303 Exterior Structure. 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 303.2 Protective Treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistance woods, shall be protected from the elements and dewy by painting or other protective covering or treatment. Peeling, Flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. 303.4 Structural members. All structural members shall. be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 303.6 Exterior Walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 303.16 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Section 304 Interior Structure 304.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 304.3 Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good. clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defecbva surface conditions shall be corrected. 4. Recommendation to correct the violation(s) described above: You will need to obtain the proper permits to repair the building or to remove the building. 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) xz� Michael Richert Code Enforcement Officer CC: John K Porter City of Cape Canaveral Community Development Department arra THE CITY OF CAPE CANAVERAL Case No. 2009-00148 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 6395 ATLANTIC AV N Respondent(s): Banana River LP, dba Banana River of Delaware, LTD North Atlantic Properties, LLC Helen M Ward R.A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) 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 2nd d.�ef November 2009 Duree Alexa der✓/C/-` Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w xityofcapecavaveral.org • email: ccapecanawral@c8.rr.wm City of Cape Canaveral Community Development Department DE ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA tEVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00146 A Florida Municipal Corporation, 0980/09 Complainant, V. Owner(s) of the property located at: 6395 ATLANTIC AV N Respondent(s): Banana River LP, ribs Banana River of Delaware, LTD. North Atlantic Avenue Properties, LLC C/O Helen M Ward R.A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) islare hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen It 5) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 6395 ATLANTIC AV N 2. Name and address of owner(s) of property where violation(s) exist: Banana River LP dba Banana River of Delaware, LTD Helen M. Ward, R. A. Helen M Ward R.A. 200 International Dr. # 206, Cape Canaveral, FI. 32920 7510 N. Atlantic Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w ..cltyofcapecanaveral.org • email: ccapecanaveral@cfl.mcom Page 2 09-00148 There have been several complaints regarding the condition of your property. A permit has been submitted, but not processed due to additional information; therefore this notice is being issued. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. 3. Description of Violation(s) at property: Sec.34-98 Building appearance and maintenance Sec. 34-98. Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. Sec. 34-97. 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 fifth, garbage, trash, refuse, debris and inoperative machinery. 4. Recommendation to correct the violation(s) described above: The property is in need of maintenance. Please obtain a permit to repair/replace the roof and the rear portion of the building, which is being temporally shored to support the over hang section of the roof. Repair the soffit and facia. Please repair the parking lot and stripe as needed. 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 City of Cape Canaveral. (321-868-1222) Duree Alexander Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 217 JOHNSON AV Respondent(s): Jarrod D Shaw City of Cape Canaveral Community Development Department Case No. 2009-00073 NOTICE OF HEARING A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violabon(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) 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 30th ay of October 09 0 Zi uree Alexander Code Enforcement Officer 7510 N. Adantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w ..cigmfcapecanaveral.org • email: ccapecanaveral@cfl.rccom City of Cape Canaveral Community Development Department )DE ENFORCEMENT BOARD (OF CAPE CANAVERAL, FLORIDA REVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 217 JOHNSON AV Case No. 2009-00073 10/0612009 Respondent(s): Jarrod D Shaw 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. Respondents) is/am hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within ten (10) days. In the event that the violation(s) istam not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) Ware corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 217 JOHNSON AV 2. Name and address of owner(s) of property where violation(s) exist: Jarrod D Shaw 217 Johnson Avenue, Cape Canaveral, FL 32920 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w vcityofrapecanaveral.org • email: crapecanaveral@cfl.rcwm Page 2 09-00073 Our office received a complaint regarding the condition of your property. A site visit revealed holes and cracks on your portion of the roof. The property is in need of maintenance; the window sills are cracking and exposing ribar; the garage door is in need of painting; and the yard is extremely overgrown. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. 3. Description of Violation(s) at property: Sec.34-98 Building appearance and maintenance Sec. 34-98. Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property, itself may be preserved safe from fire hazards. tiles. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or Sec. 34-122. 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 Sec. 34-126. Remedy by the city. (a) Upon failure, neglect or refusal of any owner or agent notified as provided in this article to cut, destroy or remove weeds, grass, trash, rubbish or other matters as required under the notice provided in section 34-123, within ten days upon receipt of the notice, the city may, in addition to other penalties provided for in this Code, pay for the cutting, destroying or removing of such material or effect the removal by the city. (b) After causing the condition to be remedied, the building official shall certify to the city treasurer the expense incurred in remedying the condition and shall include a copy of the notice whereupon such expense shall become payable within 30 days. After the 30 days, a special assessment lien in charge will be made against the property, which shall be payable with interest at the rate of eight percent per annum from the date of such certification until paid. (c) Such liens shall be enforceable in the same manner as a tax lien in favor of the city and maybe satisfied at any time of payment thereof, including accrued interest Upon such payment, the clerk of the circuit court shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof and notify the tax collector of such satisfaction. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the public records of the county. 4. Recommendation to correct the violation(s) described above: Please repair the holes and cracks in the roof; repair the window sills; paint garage door and mow the property. Please maintain the property by mowing on a regular basis. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enfol att�a City ��ofCaa/pi�e Canaveral. (321-868-1222) Duree Al nder Code Enforcement Officer City of Cape Canaveral Community Development Department THE CITY OF CAPE CANAVERAL Case No. 2009-00189 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 5210 FT of SW 1/4 of SW 1/4 W Respondent(s): Franklin D & Elizabeth Hardaway -Geiger Trustee A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) 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 emitted 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. DAZED this 30th daMf October 2009 Duree Alexand6r Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w ..ciryofcapeumaveral.mg • email: ccapecavaveral@cfl.rccom City of Cape_ Canaveral Community Development Department )DE ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00189 A Florida Municipal Corporation, 9/152009 Complainant, V. Owners) of the property located at S210 FT of SW 1/4 of SW 1/4 W Parcel ID(s): 24-37-14-00-00520.0000.00 24-37-14-00-00548.0-0000.00 Respondent(s): Franklin D & Elizabeth Hardaway -Geiger Trustee PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) istam hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within ten (10) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(S) islare 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) haslhave 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): 5210 FT of SW 1/4 of SW 1/4 W Parcel(s) 24-37-14-00-00520.0-0000.00 24-37-14-00-00548.0-0000.00 2. Name and address of owner(s) of property where violation(s) exist: Franklin D & Elizabeth Hardaway -Geiger Trustee P.O. Box 320325, Cocoa Beach, FL 32932 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w vcityofcapecanaveral.org • email: ccapeamaveral@c1mcom Page 2 09-00189 A complaint has been filed with out office and a site visit revealed your vacant parcels located on N. Atlantic Avenue are extremely overgrown and are growing over the adjoining property fence. The adjoining property continually has to trim back the overgrowth. 3. Description of Violation(s) at property: 34-122 (b) Public Nusiances Prohibited (b) All unimproved property in the city shall be maintained in a manner such that weeds and rank vegetation shall not exceed 12 inches in height Sec. 34-97. 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, stumps, roots, obnoxious growths, accumulations of trash, refuse, debris. (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. Note: Sec. 34-123. Notice to remedy nuisance. at. seq. (a) If the code enforcement officer finds and determines that a public nuisance as described and declared in section 34-122 exists, he/she shall notify the owner of record of the offending property in writing and demand that such owner cause the condition to be remedied. Sec. 34-126. Remedy by the city. at seq. (a) Upon failure, neglect or refusal of any owner or agent notified as provided in this article to cut, destroy or remove weeds, grass, trash, rubbish or other matters as required under the notice provided in section 34-123, within ten days upon receipt of the notice, the city may, in addition to other penalties provided for in this Code, pay for the cutting, destroying or removing of such material or effect the removal by the city. 4. Recommendation to correct the violation(s) described above: Have the property mowed and remove all vegetation within one (1) foot of the adjoining properties fence. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of 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. (3211--868-1222) / Duree Alexan er Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 8580 ATLANTIC AV N Respondent(s): M & P of Brevard Inc. Go Julie A. Blowers, R. A. City of Cape Canaveral Community Development Department Case No. 2009-00192 NOTICE OF HEARING A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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 Nofice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) istare 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 ED this 4nd sy of November 2009 +L�LL1 PaC . e , . Duree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w .cityofcapecanawml.org • email: cmpeaanaveral@c6.m..com THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 8580 ATLANTIC AV N City of Cape Canaveral Community Development Department )E ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Case No. 2009-00192 9121/2009 Respondent(s): Julie A. Blowers, R. A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) islare hereby notified that corrective action(s) to cure the violation(s) described below islare to be voluntarily performed within fifteen (15) days. In the event that the violation(s) islare not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) islare 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 unfit the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 8580 ATLANTIC AV N 2. Name and address of owner(s) of property where violation(s) exist: Julie A. Blowers, R. A. 234 Via Havarre, Merritt Island, FI 32953 7510 N. Atlantic Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w vcityofnpecanaveral.org • email: crepecanaveral@c8.recom Page 2 09-00192 A site visit revealed your building is in need of maintenance. All wall signage has faded and ground sign supports are rusted and in need of maintenance. 3. Description of Violation(s) at property: Sec.34-98 Building appearance and maintenance Sec. 3498. Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: 4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. Sec. 34-96. Standards established. (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings, nonetheless both require maintenance in order to retain a good appearance. 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. Sec. 34-100. Sign appearance and maintenance. (a) All signs exposed to public view permitted by chapter 94 pertaining to signs shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair. 4. Recommendation to correct the violation(s) described above: The building and stairways need to be painted. The stairway is missing railings and the existing railings appear to need repair. Your wall signage is faded and needs to be removed or repainted to be maintained in a good state of repair. Your ground sign support poles are rusted and in need of painting. 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 a eCity of Cape //////��������'Canaveral. (321-868-1222) k4rwz--t� Ale e Code Enforcement Officer SepCE A"Or City of Cape Canaveral Community Development Department cueecmu . THE CITY OF CAPE CANAVERAL Case No. 2009-00205 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 8799 ASTRONAUT BLVD Respondent(s): Zacharias & Adamantia Ligerekis A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) istare 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. tTED this 2n y-aPNovember 2009 Qtf—L Duree Alexander --�� Code Enforcement Officer 7510 N. Adanric Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement. (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w .cityofcape=averal.org 6 email: ecapecanaveral0cf1recom THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 8799 ASTRONAUT BLVD City of Cape Canaveral Community Development Department )E ENFORCEMENT BOARD DF CAPE CANAVERAL, FLORIDA ,TICE OF VIOLATION Case No. 2009-00205 10/122009 Respondent(s): Zacharias & Adamantia Ligerekis PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/am not corrected within the time period set forth above or the Volation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondents) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) hasthave 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): 8799 ASTRONAUT BLVD 2. Name and address of owner(s) of property where violations) exist Zacharias & Adamantia Ligerakis 531 Sunset Lakes Dr., Merritt Island, FI. 32953 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement. (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w ..cityofcapecanaveral.org • email: cmpecanaveral@c0.rccom a ... Page 2 09-00205 Our office has received a complaint regarding the amount of grease that is being dumped into the sanitary sewer line on West Central Blvd. from Zachary's Family Restaurant to lift Station #7. The city has recently cleaned this line on 9/03/09, and 10/12/09, for a total of 1,500 feet, with grease being observed the entire length of the sewer both times. You were previously cited for this problem and agreed to have your grease trap cleaned out on a regular basis. Our research has revealed that the grease trap was serviced on 1/02109 and 8/10/09 of this year. This is not a sufficient number of times to insure that the grease will not leak into the sanitary sewer line. 3. Description of Violation(s) at property: SEC 78-55, Use of public Sewer Required (a) It shall be unlawful for any person to place, depositor permit to be deposited in any unsanitary manner, on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. 4. Recommendation to correct the violation(s) described above: You must cease and desist the allowance of grease into the sanitary sewer line. You must have your grease trap cleaned on a regular basis or replace the trap with a larger capacity grease trap. Please have your trap serviced immediately. 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) en t City anager �n/� >< Duree Alexander . Code Enforcement Officer CE6 n/!t(o� of ce- lY3 6a r,( SCAM ,�z Crrf bi AAJf44r- itcf hw'� tu.Gf ,a4 --O 4,�j — ou /or l Ca£ -e_ +¢ OP- /!¢z - oLkt ,JrvJ� CD-( ¢p (JCniCLJ LBS �Pa .i'/ 4")f ncr-/ Ak �.:tDE r:� U:o(a�v-� .... � Q.✓T-i wit/ �?-lrf (af ^- �rinc 75. °'/5�. a? �CD Se- /FOP -/(7 ^- vnSa� S-liofui'� (QoS-C�J ✓ca.gc 0 a4- lys — of- ee-farrar- .n !oY �n+✓`encf' �,uQ r/1 (J.Ola�rn-� ^- �a✓�7 Un -f ( �� .?, 2clo ' at( �7�tof� U,Kis,s u( L� /^¢'�9-c %tom f/-�4_ .•— a</ �< f/5 DhnJM A++ - a� XYaCS /Ye�ii( ' OJ urr u( AC -Ir 2d'pand , pri�y !(ceGN'�n TOn h.�roQ. �n Urol¢7<�n .— 4-,- /-5-OO D ' /-GY�ra1 (lrcZcr 2 -- 1134/L (do ✓Cady- ifDB- /J%— Al%nt o,C APe-fY - Ai necy40iC2e A ace, u — 'Oef /vzo& Cvj 9�,a ,in ;Ss. 4- a, -e-- J� Pap Qin S..-fr.'�f-fXrr4(� 4-1-Z'.a✓42 - (..ra.Yf,S /n SO¢c p'1 OL- ,int/,or m Ate- Joe/ z6 Qns roo skv QS— <, . manna, rco&= t1for(ot 241 Efu"An O '( cv&e- "um- tq' - jjojfr w Pio¢ y7yrelatw�j CEQ N�ec iny li�l4�04 ^- Se3^ _^ Pr"n-r Nq/h�% Page 1 of 1 &A,6,'f W Durso Alexander From: opst321@aol.com Sent: Thursday, October 22, 2009 12:55 PM To: alexander-cape@c8.rr.mm Subject: 8740 Croton Court Cape (Ocean Woods) Canaveral Florida Duree Alexander Code Enforcement Officer City of Cape Canaveral Re: 8740 Croton Court My name is Patricia O'Donovan. My property at 8738 Croton Court abuts the property in question, 8740 Croton Court in Ocean Woods. This property has been vacated and abandoned by the owner for several years now. Windows have been left wide open and broken as well as the sliders. During this time, squatters and vagrants have entered the property necessitating in calls to the police. There has been no electric or water to the property having been shut off by the utility companies. Bright House has told me that my cable lines had been spliced into. Last year my roof started leaking. In the process of determining the extent of damage and getting bids, roofers were on top of the building and reported the extent of damage not only to my roof, but to the property at 8740 Croton Court. 1 was told that while on the roof, they could we straight down into the unit. Since the windows were wide open and the sliders broken and open to the elements, easy access was available. In the process of taking steps to protect my property, it was easy enough to walk through the open doors to access what, if any, contributing factors might be causing leaks to my unit. Once inside the property, it was noted that the ceilings were collapsing, black mold was evident on the soaked carpets and walls, The stench of rotting food was horrific. Repeated calls to the Ocean Woods Association to at least board the unit up went unanswered necessitating in calls to the City of Cape Canaveral Code Enforcement. I have noticed an increase in rodents, and insects in my unit along with snakes in the trees and surrounding brush and in the hot tub which was left filled in the patio along with toilets that someone had removed and placed on the patio. It was evident that the place had been trashed by the elements as well as anyone who could easily gain access into the abandoned unit. As a professional in the health care industry, I have grave concerns regarding the black mold in the unit which abuts my unit and have taken the precaution of having my air ducts cleaned. Any assistance this board might offer in determining legal responsibility for maintaining this property is greatly appreciated. Thankyou Patricia O'Donovan 10/22/2009 Statutes : >2009->Ch0162->Section 06: flsenate.gov Page Nome Select Year: 2009:.. Session r Committees h �l h,b.Y 6 Senators E The 2009 Florida Statutes Information center E Title XI Chapter 162 View Entire Statutes it Constitution E COUNTY ORGANIZATION AND COUNTY OR MUNICIPAL CODE Chapter Video Broadcasts INTERGOVERNMENTAL RELATIONS ENFORCEMENT 162.06 Enforcement procedure. -- Session: 2010 (1) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement Ni a: proceedings. i® (2) Except as provided in subsections (3) and (4), if a violation of the codes is found, the code sesnoe: 2010 inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall Chamaer: senate ,1 ® notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered snrdt or mailed as provided In s. 162.12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided In s. 162.12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation Year: y ® has been corrected prior to the board hearing, and the notice shall so state. Search (3) If a repeat VIOLatiOn is found, the code inspector shall notify the violator but is not required to the give the vioLator a reasonable time to correct the violation. The code inspector, upon notifying violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice Ente, Your Zinw Coee. pursuant to s. 162.12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat co ® violation has been corrected, the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said �1ae4.wr :. _ costs as determined by the code enforcement board. (4) If the code inspector has reason to believe a violation or the condition causing the violation r�Ytt�Wtr'11YIt�iY1�yi�a presents a serious threat to the public health, safety, and weLfare or if the violation is irreparable rIYY111g1YYiii-�i6� or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. (5) If the owner of property that is subject to an enforcement proceeding before an enforcement board, special magistrate, or court transfers ownership of such property between the time the Initial pleading was served and the time of the hearing, such owner shall: (a) Disclose, In writing, the existence and the nature of the proceeding to the prospective transferee. (b) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. (c) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicabLe code and with orders issued in the code enforcement proceeding. (d) File a notice with the code enforcement official of the transfer of the property, with the http://www.flsenate.gov/statuteslindex.cfm?App_mode=Display_Statute&Search_String... 10/19/2009 Statutes & Constitution :View Statutes :->2009->Ch0162->Section 06 : flsenate.gov Page 2 of 2 identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs (a), (b), and (c) before the transfer Creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing Is held. History. --s. 1, ch. 80-300; s. 5, ch. 86-201; s. 1, ch. 87.391; s. 5, ch. 89-268; s. 2, ch. 94.291; s. 1442, ch. 95-147; s. 2, ch. 96-385; s. 4, ch. 99-360; s. 64, ch. 2004-11. Note. Formers. 166.056, Site Map Senior: Bills Calendars Jomnais Cltatur- search gppropriatiom- RWistriang Bilt Information Reports Commfeces: Canmatee Pages Committee Publirations Senaten: Presidents Page - Member Pages District Informatlnn Find Your Legislators City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #09-00073 A Florida municipal corporation, Complainant, V. Jarrod D. Shaw Owner of the Property located at: 217 Johnson Ave. Cape Canaveral, FL 32920 LEGAL: ARIC BY THE SEA LOT 6.01 PLAT BOOK 0033 PAGE 0030 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 19, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 3498, Building Appearance & Maintenance; and Section 34-122, Public Nuisances Prohibited, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board did not attend the hearing; 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w cityofcapemnaveral.org • email; ccaperanaveral@cfl.rccom Case 409-00073 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 34-98, Building Appearance & Maintenance; Section 34- 122, Public Nuisances Prohibited, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of one hundred and fifty dollars ($150.00) for November 19, 2009 and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents 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; 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of November, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell, Chairperson Case #09-00073 Copies fumished to: Jarrod D. Shaw City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this day of , 2009. Joy Lombardi, Board Secretary Duree Alexander, Code Enforcement Officer City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #09-00148 A Florida municipal corporation, Complainant, Banana River LP dba Banana River of Delaware, LTD; c/o Helen M. Ward, R.A. Owner of the Property located at: 6395 N. Atlantic Ave. Cape Canaveral, FL 32920 LEGAL: E30OFTOFS15OFTOFN31OFTWOFSTRD Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 19, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 34-97, Duties and Responsibilities for Maintenance; and Section 34-98, Building Appearance and Maintenance, 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 • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w cityofcapecmaveral.org • email: ccapecanaveral0c6.rncom Case #W00148 4. That based on the testimony and evidence presented, Respondent has violated the Lary Code, to wit: Section 34-97, Duties and Responsibilities for Maintenance; and Section 34-98, Building Appearance and Maintenance, of the City Code; 5. That said violation existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until January 2, 2010 to abate the violations on the Property by repair and rehabilitation in accordance with the applicable provisions of the Standard Unsafe Building Abatement Code, the Florida Building Code and the Cape Canaveral City Code; 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 may be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in an amount not to exceed Two Hundred Fifty Dollars ($250.00) per day 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 record a certified copy of this Order, as may be amended, in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s)is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. Case #09-00148 DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of November, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell, Chairperson Copies furnished to: Banana River LP dba Banana River of Delaware, LTD; c/o Helen M. Ward, R.A. City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this _ day of , 2009. Joy Lombardi, Board Secretary Duree Alexander. Code Enforcement Officer City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #08-00127 A Florida municipal corporation, Complainant, K+-fo 4a . -c V. 14dd4g 9 4r3 Chase Home Finance, LLC, c/o David B. Lowman, Manager, Kim D. Greaves, Manager; & CT Corporation Systems Owner of the Property located at:��5 . 8740 Croton Ct. Cape Canaveral, FL 32920 LEGAL: OCEAN WOODS STAGE 2 LOT 57 PLAT BOOK 0025 PG 0032 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 19, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; _ 7510 N. Adantic Avenue • Post Offcc Boz 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 8681222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w ..ciWofcaperanaveral.org " email ccapecanaveral@c1moom . Case #08-00127 3. That Respondent 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. That Respondent be given until December 17, 2009 to correct any violation of the City Code on the Property; and 2. That if Respondent fails to correct the violations 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 dollars ($250.00) per day 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 fin imposed pursuant to this paragraph shall be retroactively imposed beginning on November 19 2009. 3. That the violations existing on the property constitute violations presenting a serious threat to the public health, safety and welfare and that if Respondent fails to correct the violations within the time period set forth herein, that the City Council be notified of said violations pursuant to section 162.09(1), Florida Statutes, in furtherance of the City Council authorizing entry onto the property for inspection and assessment of the structural condition of the property, and so that, at the sole discretion of the City Council, all reasonable repairs required to bring the property into compliance be made. q.0. 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; 5¢. 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 i Case #08-00129 sxceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on : day the repeat violation(s) is / are found to exist. m,8. The Code Enforcement Board hereby reserves tha right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of November, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell, Chairperson Copies furnished to: Chase Home Finance, LLC, c/o David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this _ day of , 2009. Joy Lombardi, Board Secretary Duree Alexander, Code Enforcement Officer City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #09-00117 A Florida municipal corporation, Complainant, V. ,K r��� wG'4' Banana River LP dba Banana River of Delaware, LTD; clo Helen M. Ward, R.A. Owner of the Property located at: 290 Cape Shores Cir. Cape Canaveral, FL 32920 LEGAL: N16OFT OF LOT 1 SEC 27&S40FT OF LOT 3 SEC 22&S40FT OF LOT 4 SEC L-._ _. .._... 1 SEC 26W OF ST RD & PT AS DES IN ORB 2534 PG 1080, 5460 PG 3363 ExC DS 316 PG 172 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 19, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 82-12, Unsafe Building or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment; Section 303.4, Structural Members; Section 303.6, Exterior Walls; 303.16, Doors; Section 304.1, General; and Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N. Adaptic Avenue • Post OfficeBox 326 • Cape Canaveral, FL 32920-0326 Budding & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w cityofraperanavenl.org " email: =px veral@cfl.rccom Cwa #09-001 17 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 82-12, Unsafe Building or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment; Section 303.4, Structural Members; Section 303.6, Exterior Walls; 303.16, Doors; Section 304.1, General; and Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code; 5. That said violation existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until January 2, 2010 to abate the violations on the Property by repair and rehabilitation or by demolition in accordance with the applicable provisions of the Standard Unsafe Building Abatement Code, the Florida Building Code and the Cape Canaveral City Code; 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 may be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in an amount not to exceed Two Hundred Fifty Dollars ($250.00) per day 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 record a certified copy of this Order, as may be amended, 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. Further, if Respondent fails to correct any and all violations on the property within the time period prescribed herein, the City reserves the right to take any other action authorized by the Standard Unsafe Building Abatement Code or any other applicable laws, including, but not limited to, demolition of the unsafe structure. 5. 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 violations) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. Case H09-00117 6. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of November, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell, Chairperson Copies furnished to: Banana River LP dba Banana River of Delaware, LTD; c/o Helen M. Ward, R.A. City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this day of , 2009. Joy Lombardi, Board Secretary Duree Alexander, Code Enforcement Officer City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD r CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #09-00162 A Florida municipal corporation, Complainant, V. Eudora R. & Leander D. George Owner of the Property located at: 242 Canaveral Beach Blvd. Cape Canaveral, FL 32920 LEGAL: CAPE CANAVERAL BEACH GDNS UNIT 2 PART OF LOT 12 BILKS AS DES IN ORB 735 PG 397 PB 0017 PG 0081 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 19, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. r. y 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 Secfion 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N. Adandi Avenue • Post Office Be. 326 • Cape Canaveral, FL 32920-0326 Building & rcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w xityoFcapecamveral.org • email: mape�averal@cfl.rccom Cele #09-00162 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment, of the International Property Maintenance Code, 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. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until December 19, 2009 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 seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) 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 paracraph shall be retroactively imposed becinnina on November 19, 2009. 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. Caw 809-00162 TONE AND ORDERED at Cape Canaveral, Florida, this 19th day of November, 2009. Copies furnished to: CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell, Chairperson Eudora R. & Leander D. George, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this _ day of , 2009. Joy Lombardi, Board Duree Alexander, Code Enforcement Officer