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HomeMy WebLinkAboutCEB Agenda Pkt. 6-19-2008City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JUNE 19, 2008 7:00 P.M. RVII liGll Establish Next Meeting Date: July 17, 2008 NEW BUSINESS: t3:�¢„i.-s—r Approval of Meeting Minutes: May 22, 2008 < COMPLIANCE HEARINGS: 1. Case No. 06-00126— Violation of 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, (518 Harrison Ave.) William M. Forrester, Jr., Property Owner. 2. 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. 3. Case No. 08-00021 - Violation of 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, (8501 Astronaut Blvd.) — Pantelis Markogiannakis, Owner. (In compliance) 4. Case No. 08-00023 — Violation of Section 110-91, Conformity to Plans, Specifications, Intended Uses and Applications; Section 110-121, Certificate of Occupancy Required; and Section 110.1, Use and Occupancy; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (576-580 Casa Bella Dr.) — Bayport, LLC, do John R. Kancilia, Esq. R.A., William Young, MGRM. (t„ 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 w ..myflorida.wm/rape • email: ccapecanavenl@cfl.rccom Code Enforcement Board Agenda June 19, 2008 Page 2 PUBLIC HEARINGS: /1. Case No. 08-00045 - Violation of 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, (5805 N. Banana River Blvd. #1115) — Christopher L. & Sandra A. Rankin, Property Owners. 2. Case No. 08-00061 — Violation of Section 102, Vegetation; Section 102-39, Permits; and Section 102-38, Enforcement & Penalties, of the City of Cape Canaveral, (8800 Seashell La.) — Stephen & Sunia C. Piermont, Owners. Pursuant to Section 286.0105. F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868- 1221, 6&1221, 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MAY 22, 2008 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on May 22, 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 Charles Biederman Edward Ciecirski James Hale Lynn Mars MEMBERS ABSENT Karen Hartley Walter Godfrey OTHERS PRESENT Joy Lombardi Todd Morley Michael Richert Bob Hoog Shannon Roberts Kate Latorre Chairperson Vice -Chairperson 1"Alternate Board Secretary Building Official Code Enforcement Officer Mayor Pro Tem City Council Member _ Assistant City Attorney The Board members established that the next meeting would be held on June 19, 2008. Assistant City Attorney Latorre swore in all persons giving testimony. Motion by Mr. Viens, seconded by Mr. Biederman, to approve the meeting minutes of April 17, 2008, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 22, 2008 Page 2 COMPLIANCE HEARINGS: Code Enforcement Officer, Michael Richert testified that this Case is in compliance. 2. Code Enforcement Officer, Michael Richert provided an overview of the Case history and presented exhibits for the Board's review. Officer Richert testified that the violation is for an unsafe structure and the respondent is in non-compliance. Staff respectfully requested that the Code Enforcement Board find the respondent in non- compliance of the International Property Maintenance Code (IPMC), Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches and Balconies; as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and impose the fine of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) everyday thereafter, retroactive from August 23, 2007, until the respondent is found in compliance. Motion by Mr. Ciecirski, seconded by Mr. Hale, to accept staffs recommendation and find the respondent in non-compliance and impose the fines retroactive from August 23, 2007. Vote on the motion carried unanimously. 3. Code Enforcement Officer, Michael Richert testified that this Case is in compliance. 4. Code Enforcement Officer, Michael Richert provided an overview of the Case history and presented exhibits for the Board's review. Officer Richert testified that the respondent is working to correct the violation. Code Enforcement Board Meeting Minutes May 22, 2008 Page 3 Staff respectfully requests that the Code Enforcement Board find the respondent in non- compliance of Section 14-56, Existing Development; Section 14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code of Ordinances, and be given until July 17, 2008 to come into compliance or impose the fine of five hundred dollars ($500.00) for the first day, one hundred and fifty dollars ($150.00) for the next day, and one hundred dollars ($100.00) everyday thereafter, retroactive from May 22, 2008. Motion by Mr. Viens, seconded by Mr. Biederman, to accept staffs recommendation and find the respondent in non-compliance and be given until July 17, 2008 to come into compliance or impose the fines retroactive from May 22, 2008. Vote on the motion carried by a 5 to 1 majority with Mr. Mars against. 5. Code Enforcement Officer, Michael Richert provided an overview of the Case history and presented exhibits for the Board's review. Officer Richert tested that the respondent is working to correct the violation. Staff respectfully requests that the Code Enforcement Board find the respondent in non- compliance of Section 14-56, Existing Development; Section 14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code of Ordinances, and be given until July 17, 2008 to come into compliance or impose the fine of five hundred dollars ($500.00) for the first day, one hundred and flty dollars ($150.00) for the next day, and one hundred dollars ($100.00) everyday thereafter, retroactive from May 22, 2008. Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs recommendation and find the respondent in non-compliance and be given until July 17, 2008 to come into compliance or impose the fines retroactive from May 22, 2008. Vote on the motion carried by a 5 to 1 majority with Mr. Mars against. Code Enforcement Officer, Michael Richert testified that this Case is in compliance. Code Enforcement Officer, Michael Richert provided an overview of the Case history and presented exhibits for the Board's review. Officer Richert testified that the violation is for work without the required permit and inspections, specifically, the installation of store -front windows. Code Enforcement Board Meeting Minutes May 22, 2008 Page 4 Because of a previous violation concerning an unpermitted ground sign, staff respectfully requested that the Code Enforcement Board find the respondent a repeat violator of the Florida Building Code (FLBC), Section105.1, Permit Required; and Section 109.1, Inspections General; as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and be given until May 22, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) for the first day and one hundred and twenty-five dollars ($125.00) for everyday thereafter, until found in compliance. Pantelis Markogiannakis, property owner, testified that he did not know the sign was installed without the permit and further stated that he had trouble finding a window contractor and specifications on the windows. Assistant City Attorney, Kate Latorre, requested verification that the respondent was found in violation of the same code section to establish the status of a repeat violator. The Code Enforcement Officer could not confirm. Motion by Mr. Viens, seconded by Mr. Hale, to postpone the case until the next scheduled meeting date (June 19, 2008) to provide the code enforcement officer time to verify the code section cited for the ground sign. Vote on the motion carried unanimously. 8. Case No. 08-00023 — Violation of Section 110-91. Conformity to Plans. Young, MGRM. Code Enforcement Officer, Michael Richert provided an overview of the Case history and presented exhibits for the Board's review. Officer Richert testified that the violation is for not obtaining the required Certificate of Occupancy for a three -unit condominium building. Officer Richert stated that the respondent has not complied with the St. Johns River Water Management District (SJRW MD) permit requirements for the storm water system changes that were made; which is for this reason that the Building Official has withheld issuance of the Certificate of Occupancy. Staff respectfully requested that the Board find the respondent in non-compliance of Section 110-91, Conformity to Plans, Specifications, Intended Uses and Applications; Section 110-121, Certificate of Occupancy Required; and Section 110. 1, Use and Occupancy; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and impose the fine of two hundred and fifty dollars ($250.00) per day until found in compliance. Discussion followed. William Young, property owner, testified that he installed the drainage lines to relieve some of the storm water drainage problems at Bayside Condominium. Mr. Young stated that an easement agreement had to be drafted, signed by both developments (Bayside Condominium S Bayport Condominium), and recorded with the County; however, due to unreasonable requests of Bayside Condominium, they have not signed the agreement. Code Enforcement Board Meeting Minutes May 22, 2008 Page 5 Mr. Young explained that the situation is out of his hands and believes that they will sign the document. Mr. Young further stated that he could cap the lines to comply with the original site plan, but it is not in the best interest of the development. Todd Morley, building official, suggested that we get the opinion of the City Engineer before the lines are capped. Discussion followed. Motion by Mr. Biederman, seconded by Mr. Viens, to postpone the case until the next scheduled meeting date (June 19, 2008) to give the City Engineer time to determine if the line could be capped. Vote on the motion carried unanimously. PUBLIC HEARINGS Code Enforcement Officer, Michael Richert provided an overview of the Case history and presented exhibits for the Board's review. Officer Richert testified that a safety inspection by the fire inspector reveled the fire alarm system needs to be upgraded to a monitored system according to the National Fire Protection Association Code (NFPA). John Cunningham, Assistant Fire Chief, testified that the existing fire alarm system is not up to the current fire code due to the fact that it is not a monitored system. Mr. Cunningham explained that there is an exemption to the code, which is to provide a one- hour fire separation between the units (firewall). This would allow the association to remove the existing alarm system. John Olive, President of the Condominium Association, testified that the current monitoring system needed to be activated; however, the association would have to spend approximately twenty thousand dollars every year for 17 buildings for the monitoring. The association decided to install the firewalls as required by the code. Mr. Olive stated that the association hired a contractor to do the repairs and he (the contractor) has submitted the permit applications and plans for the firewalls. Discussion followed. Mr. Cunningham testified that, based on a brief review, the plans do not appear to be adequate to meet the previsions of the code that would exempt the association from having the fire alarm system monitored. Mr. Cunningham stated that he provided a copy of the code exemptions to the contractor and he would discuss it further with him. Staff respectfully requests that the Code Enforcement Board find the respondent in 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, and be given until November 20, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day, retroactive from May 22, 2008, until found in compliance. Code Enforcement Board Meeting Minutes May 22, 2008 Page 6 Mr. Cunningham explained that the violation is a life safety issue and stated that the fire department would require the association to provide plan revisions within 30 to 60 days in order to have some progression to correct the violation. Assistant City Attorney, Kate Latorre, explained that, for the purpose of the Code Enforcement Board, the compliance date reflects the date that the respondent would be required to be in total compliance before the fines are imposed. Discussion followed. Motion by Mr. Ciecirski, seconded by Mr. Hale, to accept staffs recommendation and find the respondent in violation and be given until November 20, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day, retroactive from May 22, 2008, until found in compliance. Discussion followed. Vote on the motion carried unanimously. 2. Code Enforcement Officer, Michael Richert provided an overview of the Case history and presented exhibits for the Board's review. Officer Richert testified that the violation is for parking on the grass. Staff respectfully requests that the Code Enforcement Board find the respondent in violation of Section 110-555, Paving of Vehicular Areas; Section 110-492, Location of Spaces; Section 110-339, Off-street Parking & Access; and Section 110-466, Application of Performance Standards, of the Cape Canaveral Code of Ordinances in order to establish the violation; therefore, if the violation should reoccur, the respondent could be found a repeat violator and a fine of five hundred dollars ($500.00) per day could be imposed. Kelly Powell, General Manager for Country Inn & Suites, testified that when the fire department asked them to remove the vehicles from the access road, they asked their guests to park on the grass. Ms. Powell stated that this was during their peak volume season and once the guests saw vehicles parked on the grass, they all parked there. Ms. Powell explained that they have since moved all the cars, and are in the process of obtaining a permit to pave two extra rows of parking so this problem does not reoccur. Motion by Mr. Viens, seconded by Mr. Ciercirski, to accept staffs recommendation and find the respondent in violation. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 22, 2008 Page 7 ADJOURNMENT: There being no further business the meeting adjourned at 8:57 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:2006-00126 A Florida Municipal Corporation, Date: 6/09/2008 Complainant, V. Respondents) William M. Forrester, Jr. Owner(s) of the property located at: 518 Harrison 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) January 17, 2008 & June 6, 2008 described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated January 17, 2008; requiring the respondent(s) to correct such violation(s) by June 9, 2008. The respondent was present at the duly noticed Compliance Hearing held by the Code Enforcement Board on January 17, 2008. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit Section 105.1, Permits Required; Section 109.1 Inspections General of the Florida Building Code as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances, 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 June 19, 2008, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 518 Harrison Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violations) exist(s): William M. Forrester, Jr. P.O. Box 21066 Kennedy Space Center, FI 32815 3. Description of violabon(s) at Property: ec. 62-31. Florida Building Code (FLBC) adopted. �uree an er Cotle Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 w ..my6orida.wm/cape • email: ccaperanave.1@cB.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #06-00126 A Florida municipal corporation, Complainant, William M. Forrester, Jr. Owner of the Property located at: 518 Harrison Avenue Cape Canaveral, FL 32920 LEGAL'. AVON BY THE SEA LOT 7 & 8 BLK 35 PLAT BOOK 0003 PAGE 0007 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 January 17, 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. 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 105.1, Permit Required; and Section 109.1, Inspections General, (104.1.1 8 105.4 Permits 8 Inspections) of the Florida Building Code, as adopted by Section 82-31 of the City Code exists 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 and was present at the hearing; 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 w myflorida.cmnicape • email: ccapemnaveml@c8.rrcom Case #06-00126 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 104.1.1, and 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until June 6, 2008, 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 Cffioer 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 fifty dollars ($50.00) 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. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, 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 17th day of January, 2008. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell Chairperson Case 1106-00126 Copies furnished to: William M. Forrester, Jr., 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 Respondent (s) and/or Respondent's authorized representative on this 22 day of Tanoa,q , 2008. Joy Lorfib'ardi, Board Secretary r�,Lree Alexander, Code nforcement O icer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Code Case:2007-00117 A Florida Municipal Corporation, Date: 6/05/2008 Complainant, V. Respondent(s) Heath & Heath Systems, Inc. Dawn M. Heath, R. A. & (Director) Owner(s) of the properly located at: 104 Monroe 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 23, 2007; February 21, 2008; June 5, 2008; described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated August 23, 2008; and pursuant to the entry of an Amended Order Imposing Penalty on First Violation February 21, 2008, requiring the respondent(s) to correct such violation(s) by June 19, 2008. The respondent was present at the duly noticed Compliance Hearing held by the Code Enforcement Board on August 23, 2007 and February 21, 2008. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 34-98, Building Apearance & Maintenance; Section 34-96, Standard Established; Section 82-12, Unsafe Buildingn or Systems; Section 82-56, Standard Unsafe Building Abatement code Adopted; 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 June 19, 2008, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 104 Monroe Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Dawn M. Heath, R. A. 7814 N Atlantic Avenue Cape Canaveral, F'32'120 3. scnpbon of violation(s) at Property: ec.34 Ideing appearanceeand maintenance ET' Code Enforcement Officer C: Vidor Watson, Esq. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 wwwmy0orida.com/cape • email: ccapecanaveral@cfl.rncom City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA 'OF CAPE CANAVERAL, Case #07-00117 municipal corporation, Complainant, 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 LOIS 9, 10, 11 BLK 19 PLAT BOOK 0003 PAGE 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 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. 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 34-98, 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 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; 105 Polk Awnue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 w myflorida.com/cape " email: crapeamaveral@cfl.rernm 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. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until June 19. 2008, 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 bec inning 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 Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. Case #07-00117 DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of February, 2008. Copies furnished to: Heath & Heath Systems, Inc clo Dawn Heath, R.A. (Director) City of Cape Canaveral, Case File CODE ENFORCEMENT BOARD OF THE - CITY OF CAPE CANAVERAL, FLORIDA Mary Rust ll, Chairperson 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 s2 day of rct,,oa,i , 2008. Joy L6rfibardi, Board Secretary L�942� uree Alexander, Code Enforcement Officer DATE: 6/11/2008 Pantelis Markogiannakis 1850 Chadesmont Drive #128 Indialantic, FL 32903 City of Cape Canaveral JOTICE OF COMPLIANCE CODE ENFORCEMENT CASE #: 2008-00021 LOCATION OF VIOLATION: 8501 Astronaut Blvd, Cape Canaveral, PROPERTY PARCEL #: 24 371500 753 The above property was found to be in compliance on June 2, 2008, by receiving an approved final inspection(s) for the installation of the windows in units 1 & 2 located at the above address. Sec. 82-31. Florida Building Code (FLBC) adopted.: Your cooperation in this matter was greatly appreciated. If you have any questions please call Code Enforcement in the Building Department at (321)888-1222. Sincerely, Duree Alexande Code Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 w .myflorida.com/rape •email: ccapeanaverel@cfl mourn City of Cape Canaveral THE CITY OF CAPE CANAVERAL Code Case:2008-00023 A Florida Municipal Corporation, Date: 6/02/2008 Complainant, V. Respondent(s) Bayport, LLC John R Kancilia, Esq., R. A. William Young, MGRM Owner(s) of the property located at: 578-580 Casa Bella Drive, 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 thisithese date(s) April 17, 2008; May 22, 2008; June 6, 2008; described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated April 17, 2008, requiring the respondent(s) to correct such violation(s) by May 22, 2008; Order Imposing Penalty on First Violation dated April 17, 2008, requiring the respondent(s) to correct such violation(s) by May 22, 2008. The respondent was not present at the duly noticed Compliance Hearing held by the Code Enforcement Board on April 17, 2008. The respondent was present at the duly noticed Compliance Hearings held by the Code Enforcement Board on May 22, 2008. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 110-91, Conformity to Plans, Specifications, Intended Uses and Applications; Section 110-121, Certificate of Occupancy Required; and Section 82-31, 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 June 19, 2008 before the Code Enforcement Board. 1. Property where violation(s) exisks): 578-580 Casa Bella Drive, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Bayport, LLC C/O John R Kancilia, Esq., R. A. 1800 W Hibiscus Blvd Suite 138 Melbourne, FL 32901 escnption of violation(s) at Property: ec. 1Wane "Certificate Occupancy urea Ale Code Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 w ..my0orida.wm/rnpe • emailmPe=2o enl@c8.ff.WM City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #08-00023 A Florida municipal corporation, Complainant, V Bayport, LLC c/o John R. Kancilia, Esq., R.A. & William Young, MGRM, P.O. Owner of the Property located at: 578-580 Casa Bella Dr. Cape Canaveral, FL 32920 LEGAL: UNIT 2001, 2002, BAYPORT CONDO PHASE IV AS DESC IN ORB 5393 PG 6053 AND ALL AMENDMENTS THERETO Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duty noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on April 17, 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 Fad 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 110-91, Conformity to Plans, Specifications, Intended Uses and Applications; Section 110-121, Certificate of Occupancy Required; and Section 110.1, Use and Occupancy; of the Florida Building Code, as adopted by Section 82-31, of the City Code exists 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 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 w myflorida.wm/cape " email: ccarecanavcm10cfl.rrcom Case #08-00023 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 110-91, Conformity to Plans, Specifications, Intended Uses and Applications; Section 110-121, Certificate of Occupancy Required; and Section 110.1, Use and Occupancy; of the Florida Building Code, as adopted by Section 82-31, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until May 22, 2008, to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of two hundred and fifty dollars ($250.00) 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 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. DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of April, 2008 CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ V, Chairperson ` Case #08-00023 to: Bayport, LLC c/o John R. Kancilia, Esq., R.A. & William Young, MGRM, P.O. 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 Aori 1 , 2008. 1 ��a JJoy L Lbardi, Board Secretary tee, du'6 I( ree Alexander, Code Enforcement Officer —" City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2008-00045 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 5805 Banana River Blvd N #1115 Cape Canaveral, FI. 32920 Respondent(s) Christopher L & Sandra A Rankin H/W A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 19, 2008 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 Palk 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 'W'and shall make a determination as to whether such violation(s) islare 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. ,un 1•ED this 5nd day of June, 2008 Curee Alexan er Code Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 w .myflorida.wm/ape • email: wpecanaveml@cfl.rr.wm City of Cape Canaveral CODE ENFORCEMENT BOARD ITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Case No. 2008-00045 5101/2008 Owner(s) of the property located at: 5805 Banana River Blvd N #1115 Cape Canaveral, Fl. 32920 Respondent(s) Christopher L & Sandra A Rankin H/W PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code 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) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violabon(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): 5805 Banana River Blvd N #1115 Cape Canaveral, FI. 32920 2. Name and address of owner(s) of property where violation(s) exist: Christopher L & Sandra A Rankin H/W 210 W Cocoa Beach Cswy., Cocoa Beach, FI. 32931 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 w rny6ofida.wm/cape 8 email: wpecanaveral@cll.rcwm A review of our records revieled that permit #5222 for hurricane shutters has expired without the required, approved final inspection. 3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code (FLBC) adopted. Sec 82-31 Florida Building Code Adopted 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation to correct the violation(s) described above: You must contact your contractor and reapply for the permit and receive the required final inspection. 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--1�222�) Michael Richert Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2008-00061 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 8800 Seashell Lane, Cape Canaveral Respondent(s) Stephen 8 Sunia C. Piermont, H/W A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 19, 2008 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'W' 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 2nd day of June, 222008\/ C(y5 uree Alexander Code Enforcement Officer 105 Polk Avenue • Post Offrcc Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • $LINCOM: 982-1222 • FAX (321) 868-1247 w ..myflorida.wm/rape a email ccapemnaveral@c8.rccom City of Cape Canaveral CODE ENFORCEMENT BOARD TY 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: 8800 Seashell Lane, Cape Canaveral Case No. 2008-00061 4/2312008 Respondent(s) Stephen & Sunia C. Piermont, H1W 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 five (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) 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 violaton(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) hasihave been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 8800 Seashell Lane, Cape Canaveral 2. Name and address of owner(s) of property where violaton(s) exist: Stephen & Sunia C. Piermont, HAW 209 Heatherwood Court, Winter Springs, Florida 32708 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 wwwnnyfiorida.wm/cape • emailt mpecanaveral@c0.rr.com Page 2 2008-00061 A complaint was filed, and a site visit revealed two (2) Southern Red Cedar trees have been removed from you property without the required permit(s). 3. Description of Violation(s) at property: Sec. 102; Vegetation 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. 4. Recommendation to correct the violation(s) described above: Pay the fine in the amount of $4,200.00, as described below; and provide a plan to restore the property consistent with a restoration plan approved by the Building Official. The restoration plan shall be in addition to any civil penalty imposed by the City under Section 102-38. 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 10240.5. 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) Trees removed at $250.00 per tree = $500.00 (2) Removal of a tree without a permit. Fine of $100.00 per diameter inch, not to exceed $5,000.00 per tree. Two (2) Trees removed, 1 tree @ 21" at dbh = $100.00 X 21" _ $2,100.00 1 tree @ 16" at dbh = $100.00 X 16" _ $1,600.00 500.00 for item #1 Total of $4,200.00 Failure to comply within five (5) 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 9se Canaveral. (321) 868-1222 x 13. &cyltlta— Alexander Code Enforcement Officer C: Todd Morley, Building Official S,*a� T_� CELS 6- 06/16/2009 13:16 FAA 7216821567 WATSON SOILEAU Law Offices WATSON, SOILEAU, DeLEO, BURGETT, PICKLES & BAUGHAN AIT20FESSIDNALASSOCIATION 3490 NORTH US HIGHWAY 1 COCOA. FLORIDA 32926 VICTOR M. WATSONT JOHN L 50ILEAUt JOSEPH & O.LEO STACY L BURGE3T TIMOTHY F. ricmlcst SCOTT M. BAUGHAN O 6 O SETH 0. CHIPMAN JACQUELINE F AMBROSE tDMRb CplTlplGbiMR6nL9R ER yW City of Cape Canaveral Attic Durres Alexander Code Enforcement Officer 105 Polk Avenue Cape Canaveral, FL 32920 Re: 104 Monroe Avenue, Cape Canaveral Code Case 2007-000117 Dear Ms. Alexander: Via Facsimile: 321.868-1247 TELEFNUry (321)631-1550 FACSIMILE (52])631-1567 I am in receipt of the Notice of Compliance Hearing on the above referenced property. As you are aware, this firm represents James Kappernaros and Tara Kappemaros ("Kapp'(, purchasers under Cataract of the above referenced property. Mr. Kapp is working to bring the property into compliance. part of this task was to apply for a Special Exception with the Planning and Zoning board for approval of the repairs to the car wash at this location. This request was scheduled to be heard by Planning and Zoning on June 25, 2008. The City, however, has recently requested additional systems to be considered for water disposal for the car wash. Mr. Kapp is working to determine how to satisfy this request. Due to the City's request, the Planning and Zoning hearing has been rescheduled to the July 9'" meeting. We would therefore request that additional time be given to bring the property into compliance. Kindly com r-Concerrting this matter at your earliest convenience Since ,, Victor M?watsoli~--- VMW:dla cc: James & Tara Kappemaros Dawn M. Heath, Heath & Heath Systems, Inc.