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HomeMy WebLinkAboutCEB Agenda Pkt. 1-22-09City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JANUARY 22, 2009 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: February 19, 2009 NEW BUSINESS: �-(abn Uri/iS 1. Approval of Meeting Minutes: October 23, 2008 �e4 N'te— COMPLIANCE HEARINGS: Case No. 0"0087 — 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. .Z' Case No. 07-00117 — Violation of Section 34-98, Building Appearance & Maintenance; Section 34-96, Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions Permissible By the Board of Adjustment, of the City of Cape Canaveral Code of Ordinances, (104 Monroe, Ave.) — Heath & Heath Systems, Inc., c/o Dawn M. Heath, R.A. (Director) Case No. 07-00213 -Violation of Section 31.3.4, Detection, Alarm, & Communications Systems; Section 31.3.4.1, General; and Section 31.3.4.1.1, Apartment Buildings, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (120 Seaport Blvd.) — Villages of Seaport Condo. Association, c/o Russell E. Kemm, R.A. (In Compliance) �✓. Case No. 08-00138 — Violation of Section 34-122(a), Public Nuisances Prohibited; and Section 110-551(2Xd)(0, Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances, (201 Harbor Dr.) — Joan Made Brown, Trustee. 7510 N. Atlantic Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w vmy8orida.wm/rape • email:=pecanaveral@cfl.ucom 'or Code Enforcement Board Agenda January 22, 2009 Page 2 PUBLIC HEARINGS: W 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 304.1, Interior Structure; 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.) Robert B. Muckenfuss, Property Owner. Case No. 08-00142 — Violation of Section 102, Vegetation; and Section 102-39, Permits, of the City of Cape Canaveral Code of Ordinances, (210 Canaveral Beach Blvd.) — John L. Ribar & Rick A. Kendust ET AL. Case No. 08-00143 — Violation of Section 102, Vegetation; and Section 102-39, Permits, of the City of Cape Canaveral Code of Ordinances, (211/213 Jefferson / Ave.)—G. Schmitz, Property Owner. W Case No. 08-00181 — Violation of Section 110.334, Special Exceptions, of the City of Cape Canaveral Code of Ordinances, (7000 N. Atlantic Ave.) — Mary M. Beasley, Trustee. Pursuant to section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise Inadmissible or irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjusbnenl, 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 23, 2008 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 23, 2008, 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 Edward Ciecirski Walter Godfrey James Hale Karen Hartley Lynn Mars Ralph Lotspeich MEMBERS ABSENT Charles Biederman Duree Alexander Joy Lombardi Bob Hoog Kate Latorre Todd Morley Chairperson Vice -Chairperson 1"Alternate 2ntl Alternate Code Enforcement Officer Board Secretary Mayor Pro Tem Assistant City Attorney Building Official The Board members established that the next meeting would be held on November 20, 2008. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes September 18, 2008. Motion by Mr. Hale, seconded by Mr. Viens, to approve the meeting minutes of September 18, 2008, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 23, 2008 Page 2 COMPLIANCE HEARINGS: Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 2. Adiustment. of the City of Cape Canaveral Code of Ordinances. (104 Monroe Ave.1 — Heath R Heath Systems. Inc.. c/o Dawn M. Heath. R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the special exception has been approved for the proposed use of the property as a car wash; and Mr. Kapp is working with engineers to get the permit application package submitted to the City Officer Alexander respectfully requested that the Board find the respondent in non- compliance and amend the Board Order to give the respondent until January 22, 2009 to come into compliance or the fines in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on February 21, 2008. Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in non-compliance, and be given until January 22, 2009 to come into compliance or the fines in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on February 21, 2008. Vote on the motion carried unanimously. _ . r: r r r • • . • • �' �St[Tii�Z'.F'I:)iY�11CfR'Ier7:TFTFiTS-.f-iT� ra • - u - :�I�11 Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. Code Enforcement Board Meeting Minutes October 23, 2008 Page 3 PUBLIC HEARINGS: Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the violation is for building maintenance and work with out the required permit. Mr. Blanchard testified that he did not know a permit was required for the work because it was storm damage. He stated that he obtained a permit for the work and was able to complete most of the building repair when the permit expired. Mr. Blanchard further stated that health issues caused financial setbacks and he was not able complete the repairs. Officer Alexander respectfully requested that the Board find the respondent in 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, and be given until January 22, 2009 to come into compliance or the fines in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter be retroactively imposed beginning on October 23, 2008. Discussion followed. Motion by Mr. Viens, seconded by Ms. Hartley, to find the respondent in violation, and be given until January 22, 2009 to come into compliance or the fines in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter be retroactively imposed beginning on October 23, 2008. Vote on the motion carried unanimously. 2. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the violation is for an overgrown lot and untagged vehicles. Officer Alexander testified that the respondent has mowed the property except for under the trailer. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-122(a), Public Nuisances Prohibited; and Section 110-551(2)(d)(f), Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances, and be given until November 20, 2008 to come into compliance or be fined seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter until found in compliance. Discussion followed. Code Enforcement Board Meeting Minutes October 23, 2008 Page 4 Motion by Mr. Ciecirski, seconded by Mr. Hale, to find the respondent in violation, and be given until November 20, 2008 to come into compliance or be fined seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter, retroactive from October 23, 2008. Vote on the motion carried unanimously. 3. Citation No. 0065 —Violation of Section 82-375, Construction Contractina 4. 5. Code Enforcement Officer, Duree Alexander provided an overview of the citation history and presented exhibits for the Board's review. Officer Alexander testified that the citations were issued for the installation of hurricane shutters without the required permits. Officer Alexander stated that the respondent requested a hearing before the Code Enforcement Board to appeal the citations. Officer Alexander further stated that the contractor has subsequently obtained the permits and the final approved inspections. Vicki Katsarakes testified that she was not aware that a permit was needed to install the shutters. Mrs. Katsarakes explained that some municipalities do not require permits for shutters. She further stated that, upon first notification, they applied for the permits, paid the after -the -fact double permit fees, and obtained the approved final inspections. 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 fines in the amount of five hundred dollars ($500.00) for each one, for a total of fifteen hundred dollars ($1,500.00). It was the consensus of the Board to dismiss the citations based on the criteria established in City code section 2-260(e); the gravity of the violation, the action taken to correct the violation, there were no previous violations, and the fact that the contractor has already been fined in the form of double permit fees. Discussion followed. Motion by Mr. Ciecirski, seconded by Mr. Viens, to dismiss the civil citation #0065. Vote on the motion carried unanimously. Motion by Mr. Ciecirski, seconded by Mr. Viens, to dismiss the civil citation #0066. Vote on the motion carried unanimously. Motion by Mr. Ciecirski, seconded by Mr. Viens, to dismiss the civil citation #0067. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 23, 2008 Page 5 ADJOURNMENT: There being no further business the meeting adjourned at 8:17 P.M. Approved on this _day Joy Lombardi, Board Secretary 2008. Mary Russell, Chairperson City of Cape Canaveral THE CITY OF CAPE CANAVERAL Code Case:2006-00087 A Florida Municipal Corporation, Date: 1/13/2009 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 thistthese date(s) January 12, 2008, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated October 23, 2008; requiring the respondent(s) to correct such violation(s) by January 22, 2008. The respondent was present at the duly noticed Compliance Hearing held by the Code Enforcement Board on October 23, 2008. 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 82-221, of the City Code, which exist(s) or existed upon the property and respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on January 22, 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: Sec.34-98 Building appearance and maintenance ree Al�� Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • F=:(321)868-1247 w .myflurida.com/cape • email wperanavenl@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #06-00087 A Florida. municipal corporation, Complainant, Joseph Blanchard Owner of the Property located at: 8303 Rosalind Avenue Cape Canaveral, FL 32920 LEGAL: CAPE CANAVERAL BEACH GDNS UNIT 1 PART OF LOT 3 BLOCK 1 A6 DES IN ORB 2269 PG 322 PLAT BOOK 0016 PG 0131 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 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 Section34-96(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; 7510 N. Adantic Avenue • Post Office Box 326 • Capc Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • F=(321)868-1247 ...myflorida.com/cape • emaJ: ccapecanaveral@cfl.mcom Case #06-00087 1. That Respondents either failed or refused to correct such violation within the )le time period provided in the Notice of Violation; that the Respondents were provided iiuui vi 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: Section34-96(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. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondents be given until January 22, 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 beainnina 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 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 V. Case #06-00087 DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of October, 2008. Copies furnished to: Joseph Blanchard, Property Owner City of Cape Canaveral, Case File CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 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 �—Ij day of cc- , 2008. Joymb{� Board s cretar— oa�LtZp - uree Alexander, bode Enforcement Officer - A,W r P.M, $ \ lelNery addmss Cebw: E3 "0 a (Aa dFw � F ` ReWm Recti p,Fw � (EMoxxnl Repu'reE) I � � � , flealMetl Oerrcry Fea m IEnEoxmenl flequ red) 1 [V l a TdeIRm.N.a.» C -+"1 a`."j�\ � J � C7 � � MII Mail eeceipt lar MaoFenElee i Joseph Blanchard � ro 8303 Rosalind Avenue to a Cape Canaveral, FL 32920 '— 17 4024 t�87@7 om&?ego CEWa M,SW P City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00117 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owners) of the property located at: 104 Monroe Avenue, Cape Canaveral Respondent(s): Heath & Heath Systems, Inc. C/O Dawn M. Heath, R. A., (Director) A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 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. DA this 12 day of January, �20j0�9� D ree Alexander Code EnforcaMan XVIi'ar is Avenue • Yost Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1297 w my8ondla.mm/mpe • email: =pecanaveral@cfl.rcmm City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA fE CITY OF CAPE CANAVERAL, Case #07-00117 Florida municipal corporation, Complainant, V. Heath & Heath Systems, Inc c/o Dawn Heath, R.A. (Director) Owner of the Property located at: 104 Monroe Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LATS 9, 10,11 BIK 19 PIAT BOOK 0003 PAGE 0007 Respondent, THIRD 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 August 23, 2007 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 34-98, Building Appearance & Maintenance; Section 34-95, Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions Permissible By the Board of Adjustment, of the City Code exist or existed upon the property and Respondent was further provided a reasonable time to correct said violation; 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, was present at the hearing, and testified that the structure was unsafe and should be demolished; 7510 N. Atlantic Avenue • post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w .tny8orida.condcepe " email: mpemnaveral@cfl.rr.com Case #07-00117 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-98, Building Appearance & Maintenance; Section 34-96, Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions Permissible By the Board of Adjustment, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent had representation at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on February 21, 2008. 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 June 19, 2008. 8. Respondent was not present at a duly notice Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on October 23, 2008. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until January 22. 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 one hundred dollars ($100.00) 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 paragraph shall be retroactively imposed beginning on February 21, 2008; 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 Case #07-00117 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 October, 2008. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rus II, Chairperson Copies furnished to: Heath 8 Heath Systems, Inc c/o Dawn Heath, R.A. (Director) 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 ;?j( day of 007bLOx 2008. --3 Joy Lombardi, Board Secretary kLree,Mexander, Code Enforcement Officer ❑ Agent ® F F1 C 1 --U,5 C dma b. m Po.ue. i O dalwe,y b014,❑ I T � � � GNIIeE Fs v � (Entlwaamem ReeuimEl �' ` I ReSWWDelWeryFw (EnmeememR URO 1,.1 j Mall ❑ Mall n Tmal PCWye BFex ,� tl neWm aecelpt br MemhaMlee lall ❑ C.O.D. 4 v m ' e Victor Watson, g.� moven o s� aA 3490 N. U.S. Hwy T' `-- r °'PO& ------- 87 4017 x Cocoa F132922 RE: James Kapp 0? -//780 '-1 i 7 Lao 10�5884�"'-110 City of Cape Canaveral NOTICE OF COMPLIANCE Villages of the Seaport Condo. Association 120 N Seaport Blvd. Cape Canaveral, Florida 32920 CODE ENFORCEMENT CASE #: 2007-00213 LOCATION OF VIOLATION: 120 Seaport Blvd; Cape Canaveral, PROPERTY PARCEL #: 24-37-14-00-00026.X-0000. You have been found in compliance on July 18, 2008, by the City of Cape Canaveral Volunteer fire Department, Inc., which required your alarm system to be monitored; however, the 2008 Life Safety Code no longer requires alarm systems to be be monitored by code. SEC. 38-26; Florida Fire Prevention Code -Adopted.: Your cooperation in this matter was greatly appreciated and we apologize for any inconvenience. If you have any questions please call Code Enforcement in the Building Department at (321)868-1222. Sin erely, urea Alexander Code Enforcement Officer Illifolk \:.n,.' . R..,( tnLe li.,x yJ9 . t: al,_ , , A II qv±110;16 Icloplunleo f}_` I iN6N-1-2211 . AL N( (W, 942 1" 01 111 -AA: I}-' I I NLA I' IN .......un . r nud .. ap.v an.nrt.d4: Jl. rr.. mn City of Cape Canaveral THE CITY OF CAPE CANAVERAL Code Case 2008-00138 A Florida Municipal Corporation, Date: 1/13/2009 Complainant, V. Respondent(s) Joan Marie Brown - Trustee Owner(s) of the property located at: 201 Harbor Dr. Cape Canaveral, FI. $2920 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 20, 2008, and December 3, 2008, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated October 23, 2008; requiring the respondent(s) to correct such violations) by November 20, 2008. The respondent was not present at the duly noticed Compliance Hearing held by the Code Enfomement Board on October 23, 2008. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 34-122(a), Public Nuisances Prohibited; and Section 110-551(2)(d)(0, Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances, which exist(s) or existed upon the property and respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on January 22, 2009, before the Code Enforcement Board. 1. Property, where violation(s) exist(s): 201 Harbor Dr. Cape Canaveral, FI. 32920 2. Name and address of owners) of Property where violafion(s) exist(s): Joan Marie Brown -Trustee 201 Harbor Dr. Cape Canaveral, FI. 32920 3. Description of violation(s) at Property: 34-122 (a) PUBLIC NUISANCES PROHIBITED Duree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephane: (321) 868-1222 • Fax: (321) 868-1247 w myflorida.wml®pe • email: ccaperanaveml@cfl.rr.mm City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #08-00138 A Florida municipal corporation, Complainant, Joan Marie Brown, Trustee Owner of the Property located at: 201 Harbor Drive Cape Canaveral, FL 32920 LEGAL PART OF S 15 AC OF SE 1/4 OF NW 1/4 AS DES IN ORB 246 PG 116 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 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 34-122(a), Public Nuisances Prohibited; and Section 110-551(2)(d)(f), Location of Recreational Vehicles, 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 Respondents were provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 7510 N. Atlantic Avenue • Post Office Box 326 • Capc Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w myllorida.com/cape " email: ccaperana ral@cEl.rr.com Case #08-00138 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 34-122(a), Public Nuisances Prohibited; and Section 110- 551(2)(d)(f), Location of Recreational Vehicles, 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. Respondents be given until November 20, 2008 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 ($25.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on October 23 2008 3. If Respondents fail to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist($) 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 violafion(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. Case #08-00138 DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of October, 2008. Copies furnished to: Joan Marie Brown, Trustee City of Cape Canaveral, Case File CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA i 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;?Y day of oc-T bzr .2008. Joy Lombardi, Board Secretary Duree Alexander, Coe Enforcemen TDYicer Joan Marie Brown - Trustee 201 Harbor Dr. --- "----_._ a Cape Canaveral, Fl. 32920 GflIfleC Fee �\ PBWm fleplpl Fee P"I a;,ewemenl ReQulmdl 'i Rtlntlad OeNveryRe,lul,etl) Fee (EMwsemmnl T - p Joan Marie Brown - Trustee 201 Harbor Dr. --- "----_._ a Cape Canaveral, Fl. 32920 City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 200MO127 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 8740 Croton CL Cape Canaveral, Fl. 32920 Respondent(s): Robert B Muckenfuss, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 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. DA this 12 day of January, 2009 uree Alexander Code Enforcement Officer 7510 N. Adantic Avenue • Fos[ Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w vmyflorida.com/cape • email: ccapere raI@cfl.mwrn City of Cape Canaveral DDE ENFORCEMENT BOARD Y OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2008-00127 A Florida Municipal Corporation, 9/24/2008 Complainant, V. Owner(s) of the property located at 8740 Croton Ct. Cape Canaveral, FI. 32920 Respondent(s): Robert B Muckenfuss 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 noted 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) istare 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) ISIARE 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): 8740 Croton Ct Cape Canaveral, FI. 32920 2. Name and address of owner(s) of property where violation(s) exist(s): Robert B Muckenfuss 8740 Croton Ct., Cape Canaveral, FI. 32920 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w myfiorida.cum/mpe • email: ccapecanaveral@c8.rccom Page 2 2006-00127 3. Description of Violation(s) at property: Sac. 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. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. 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. IMPC Sec. 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 defective surface conditions shall be corrected. Sec. 3496, Standards established: (b) The owner of every single -family or multiple-family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single -family or multiple-famity, dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris. 4. Recommendation to correct the viclation(s) described above: Please remove all trash and debris from the exterior of your property and maintain it in a clean and sanitary condition. The interior of the unit is in need of repairs and the removal of trash and debris. Please repair all interior holes and cracked plaster and any other defective surface conditions. 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 n fined herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of r4a e Canaveral. (321) 868-1222 x 13. ,Dorexn r Code Enforcement Officer City of Cape Canaveral Caw THE CITY OF CAPE CANAVERAL Case No. 2008-00142 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owners) of the property located at: 210 Canaveral Beach Blvd, Cape Canaveral Respondent(s): John L. Ribar & Rick A Kendust ET AL, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 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. DA this 12 day of January, 20 D ree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • F=:(321)868-1247 w my8orida.com/rape • email: ccapecanaveral@cILmcom City of Cape Canaveral ODE ENFORCEMENT BOARD Y OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 210 Canaveral Beach Blvd, Cape Canaveral Respondent(s): John L. Ribar & Rick A Kendust ET AL Case No. 2008-00142 9/16/2008 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 islare 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): 210 Canaveral Beach Blvd, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist(s): John L. Ribar & Rick A Kendust ET AL 2881 Heritage Circle, Merritt Island, FL 32952 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w ..myflmida.wm/cape a email: ccapecavaveral0c8.rccom Page 2 2008-00142 A site visit revealed large amounts of cut vegetation piled up on your property. An inspection revealed two trees that had been cut down in violation of the City of Cape Canaveral Code of Ordinances Chapter 102, Section 38, Enforcement and Penalties as described below. 3. Description of Violation(s) at property: Sec. 102; Vegetation Sec. 102-38. Enforcement and penalties. (a) Enforcement The city may enforce the provisions of this division by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in violations of this division shall be deemed irreparable or irreversible. Further, each day a violation continues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102-39 or section 102-40.5. Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. (2) Removal of a tree without a permit. Fine of $100.00 per diameter inch, not to exceed $5,000.00 per tree. (1) $250.00 x 3 = $750.00 (2) $100.00 per dbh x (1) @ 2T'= $2,700.00 $100.00 per dbh x (1) @ 2&'= $2,300.00 $100.00 per dbh x (1) @ 16" _ $1,800.00 Total $ $6,600.00 Sec. 102-39. Permits. (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the building official. If a property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall be responsible for obtaining the permit required by this division prior to the tree removal or land clearing. Sec. 10248. Waivers; incentive program; administrative interpretation appeals; incentive program. (b) Administrative interpretation appeals. Any person adversely affected by an administrative interpretation of this division by the building official may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The city manager shall decide said appeal within five business days. Any person adversely affected by an administrative decision of the city manager under this division may appeal that interpretation to the city council by filing a written notice of appeal of said interpretation within 30 calendar days of said interpretation. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of the city's receipt of said notice of appeal and the city council's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mutual agreement between the city and the person filing the notice of appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an administrative interpretation decision made under this division. Page 3 2008-00142 Sec. 102-49. Remedial action: (a) Violations. require remedial action. Where tree removal or land clearing violations of this division have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the building official or the city council if the violation is inconsistent with plans, permits, or agreements approved by the city council. The restoration plan shall require mitigation of any other damage to the property, as well as tree replacements. The restoration plan shall be in addition to any civil penalty imposed by the city under section 102-38 of this division. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a contribution to the tree bank equal to four times the contribution listed on table 1 or planting four preferred plants listed within section 102-54 before issuance of a certificate of occupancy or certificate of completion. 4. Recommendation to correct the violation(s) described above: You must pay the fine as stated above and submit a remedial plan to Todd Morley, Building Official for approval. 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 (Inned herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Canaveral. 1)868-122 13. Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. City of Cape Canaveral Case No. 2008-00143 NOTICE OF HEARING Owner(s) of the property located at: 211, 213 Jefferson Avenue, Cape Canaveral Respondent(s): G Schmitz, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 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 "N' 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, FAN 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 12 day of January, 2009 �� 5�— ree Alexander Code Enforcement Officer 7510 N. Admdc Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w .my8orida.com/npe • email: ecnpecanaveral@cfl.recom City of Cape Canaveral DDE ENFORCEMENT BOARD Y OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2008-00143 A Florida Municipal Corporation, 9/12/2008 Complainant, V. Owner(s) of the property located at: 211, 213 Jefferson Avenue, Cape Canaveral Respondent(s): G Schmitz 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 Were 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 violation(s) recur(s) even if the violation(s) islam 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 repeal violation described in this notice until the violation(s) hasihave been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 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, Cape Canaveral, FI 32920 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w myflorida.wm/cape • email; aapecanaveral@cfl.rccmn Page 2 2008-00143 A site visit revealed large amounts of cut vegetation piled up on your property. An inspection revealed two oak trees that had been trimmed in violation of the City of Cape Canaveral Code of Ordinances Chapter 102, Section 38, Enforcement and Penalties as described below. 3. Description of Violation(s) at property: Sec. 102; Vegetation Sec. 102-38. Enforcement and penalties. (a) Enforcement. The city may enforce the provisions of this division by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in violations of this division shall be deemed irreparable or irreversible. Further, each day a violation continues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102-39 or section 102410.5. Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. (2) Removal of a tree without a permit. Fine of $100.00 per diameter inch, not to exceed $5,000.00 per tree. (1) $250.00 x 2 = $500.00 (2) $100.00 per dbh x (1) @ 10" _ $1,000.00 $100.00 per dbh x (1) @ 12" _ $1,200.00 Total $2,700.00 Sec. 102-39. Permits. (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the building official. If a property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall be responsible for obtaining the permit required by this division prior to the tree removal or land clearing. Sec. 102-48. Waivers; incentive program; administrative interpretation appeals; incentive program. (b) Administrative interpretation appeals. Any person adversely affected by an administrative interpretation of this division by the building official may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The city manager shall decide said appeal within five business days. Any person adversely affected by an administrative decision of the city manager under this division may appeal that interpretation to the city council by filing a written notice of appeal of said interpretation within 30 calendar days of said interpretation. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of the city's receipt of said notice of appeal and the city council's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mutual agreement between the city and the person filing the notice of appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an administrative interpretation decision made under this division. Page 3 2008-00143 Sec. 102-49. Remedial action: (a) Violations require remedial action. Where tree removal or land clearing violations of this division have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the building official or the city council if the violation is inconsistent with plans, permits, or agreements approved by the city council. The restoration plan shall require mitigation of any other damage to the property, as well as tree replacements. The restoration plan shall be in addition to any civil penalty imposed by the city under section 102-38 of this division. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a contribution to the tree bank equal to four times the contribution listed on table 1 or planting four preferred plants listed within section 102-54 before issuance of a certificate of occupancy or certificate of completion. 4. Recommendation to correct the violation(s) described above: You must pay the fine as stated above and submit a remedial plan to Todd Morley, Building Official for approval. 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 /C ape Canaveral. (�321 222 x 13. Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2008-00181 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 7000 N Atlantic Avenue, Cape Canaveral Respondent(s): Mary M. Beasley, Trustee, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 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. DAT this 12 day of January, 2009 ee Alexan er Code Fpforpemer)t Offiper 7510 N. Adm6c Avenue • Post Office Box 326 • Cape Cmaversl, FL 32920-0326 Telephunc. (321) 868-1222 • Fax; (321) 868-1247 www.my8orida.mm/®pe •email; capecanaveral@cfl.rtmm City of Cape Canaveral :ODE ENFORCEMENT BOARD Y OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Case No. 2008-00181 11/03/2008 Owner(s) of the property located at: 7000 N Atlantic Avenue, Cape Canaveral Respondent(s): C/O Mary M. Beasley, 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) 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 violations) 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): 7000 N Atlantic Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violations) exist(s): Mary M. Beasley, Trustee 2657 Driftwood Lane, Titusville, FL. 32780 7510 N. Atlantic Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w tny8orida.com/rape • email: ccapecanaveral@cfl.rr.com Page 2 08-00181 A site visit revealed outside display of merchandise at Cape Surf. Staff has informed the business owner regarding the requirements for outside display and provided all forms and applications. 3. Description of Violations) at property: Sec. 110-334; SPECIAL EXCEPTIONS Sec. 110-334. Special exceptions permissible by board of adjustment. (a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district (b) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: (8) Retail stores using outside display areas, provided the following are met: a. The area of outside display shall not exceed in size one-third of the enclosed area of the principal structure. b. The outside display area shall be considered the same as the Floor area for the purpose of calculating offstreet parking, setbacks and lot coverage. 4. Recommendation to correct the violation(s) described above: If you wish to display merchandise outside you must apply for a special exception as stated above. Until such time as the special exception has been granted, please cease and desist outside display of all merchandise. 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. have any questions regarding this Notice of Ordinanoe/Code Violation or the recommendations herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of averal. (321) 868-1222 x 13. Code Enforcement Officer C: Public Works Department