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HomeMy WebLinkAboutCEB Agenda Pkts 04-21-2016CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA April 21, 2016 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: May 19, 2016 NEW BUSINESS: 1. Approval of Revised Meeting Minutes: December 17, 2015 2. Approval of Meeting Minutes: February 18, 2016 3. Interview & Recommendation to City Council Re: Potential Board Members, Birchel Brown, Charles Hartley. COMPLIANCE HEARINGS: None PUBLIC HEARINGS: 1. Case No. 15-77 - Violation of Section 110-551, (a) (2) (a) (b) (d) (e) (i), Location of recreational vehicles, camping equipment, boats and boat trailers; Section 110-553, Living or residing in boats, utility trailers, recreational vehicles and special purpose vehicles; of the City of Cape Canaveral Code of Ordinances. (333 Madison Avenue) - Henry P Duffett. 2. Case No. 16-81 - Violation of Section 82-31, Florida Building Code (FBC) Adopted; FBC Section 105. 1, Required pen -nits; FBC Section 110.1, General inspection(s); Section 94-78, (a) (b) (c) (e) (1) (2) - Electronic signs; of the City of .Cape Canaveral Code of Ordinances. (6099 N. Atlantic Avenue) - Keenan Realtors, LLC, C/O Vincent E Keenan, R.A. & Costa Del Sol Condominium Association, Inc. C/O Timothy Pickles, R.A. 3. Case No. 16-83 - Violation of Section 110-384, (1), Prohibited uses and structures; Section 70-68, (a) (b), Violation; penalty; Section 70-69, Receipt required; payment of tax prerequisite to issuance; Section 70-71, Engaging in business without paying the tax or making reports; of the City of Cape Canaveral Code of Ordinances. (191 Center Street) - MILS Realty, LLC, C/O Jim Morris, R.A. Code Enforcement Board Agenda April 21, 2016 Page 2 4. Case No. 16-87 - Violation of Section 82-31, Florida Building Code (FBC) Adopted; FBC Section 105. 1, Required permits; FBC Section 110.1, General inspection(s); of the City of Cape Canaveral Code of Ordinances. (225 Adams Avenue) - Christian F Bendix. OLD BUSINESS: None Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES December 17, 2015 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on December 17, 2015, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:59 pm by Chairperson Mary Russell. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens James Hale Christopher Cloney MEMBERS ABSENT Walter P. Godfrey, Jr Ralph Lotspeich OTHERS PRESENT Chairperson Vice -Chairperson Kimberly Kopp Assistant City Attorney David Dickey Community Development Director Duree Alexander Code Enforcement Officer Brian Palmer Code Enforcement Officer Michael German Building Official Cindy Gregson Board Secretary Board members established the next meeting would be held on January 21, 2016. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. NEW BUSINESS: Approval of the October 22, 2015 meeting minutes. Motion by Raymond Viens, seconded by James Hale, to approve the Code Enforcement meeting minutes of October 22, 2015 as written. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: Code Enforcement Board Meeting Minutes December 17, 2015 Page 2 1. Case No. 15-34 -Violation of Section 34-97, (1), (3) Duties and Responsibilities for Maintenance; of Citv Code of Ordinances; Violation of Section 304.1, General; Section 304.3 Interior Surfaces; of The International Property Maintenance Code, as adopted by Section 82- 221, of the Cit of Canaveral Code of Ordinances, (211 Caroline Street, Unit B-8) — Palms East of Cape Canaveral, LLC, C/O Jeffery W. Wells, R. A. Code Enforcement Officer Duree Alexander reported this case was brought into compliance with the respondent's submittal of a mold report prior to this Code Enforcement Board meeting. Therefore, no further action from the Board is required at this time. PUBLIC HEARINGS: 1. Case No. 15-66 — Violation of Section 105, Required Permits; Section 110, General Inspections; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7090 N Atlantic Avenue) — Michael M Notary ET AL. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified the violation was issued for work without a permit. Officer Palmer further testified that on July 1, 2015 Keith Notary entered the Building Department inquiring about the requirements for a permit, stating he wanted to erect a type of barrier around his parking area. Officer Palmer explained that Mr. Notary was referred to Building Official Mike German and Community Development Director David Dickey to discuss the type of barrier he wanted to erect. Mr. Notary was informed that poles with wire stretched between them to hold vines would not require a permit. Officer Palmer went on to state that on August 4, 2015 Staff received a complaint about a fence that had been erected at 7090 N. Atlantic Avenue prompting a site visit by Officer Palmer where he observed, what appeared to be, a construction fence which had been installed around the parking area. On August 7, 2015 Mr. Notary was contacted by the Community Development Director, and the Building Official, informing him the fence he had erected did not meet the standards they had agreed upon and he needed to remove it. During a site visit conducted on October 8, 2015 the fence had still not been removed which prompted Officer Palmer to issue a Notice of Violation. On October 21, 2015, after Mr. Notary contacted the Building Department, an extension was granted at his request. Officer Palmer continued his testimony explaining that on December 16, 2015 Mr. Notary again met with Staff to discuss his options with regards to fencing his parking lot. During this discussion Mr. Notary stated he wanted to leave the poles and wire in place. Staff informed Mr. Notary he needed to remove the fence in order to bring the property into compliance. Officer Palmer then presented photos which showed the fencing at 7090 N. Atlantic Avenue as well as property boundary lines. Code Enforcement Board Meeting Minutes December 17, 2015 Page 3 Mr. Notary addressed the Board explaining his situation and why he wants to keep some type of barrier in place at 7090 N. Atlantic Avenue. Comments and concerns raised by Mr. Notary initiated an open discussion by several Board members. Board member Cloney questioned Officer Palmer regarding city ordinances as they relate to fencing and fencing materials. Following discussion, Officer Palmer requested that based on the evidence and testimony presented at this hearing, the Code Enforcement Board find the respondent(s) in violation, as set forth in the Notice of Violation and the respondent be given until January 21, 2016 to come into compliance or a fine be immediately imposed in the amount of $75.00 for the first day and $25.00 every day thereafter until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the violation be imposed. Following concerns raised by Mr. Hale and Mr. Viens, Board members recommended that Mr. Notary be given an extension until February 18, 2016, which differed from Code Enforcement Palmer's recommendation of January 21, 2016, to come into compliance. Mr. Hale made a motion to accept Staffs recommendation with the date changed to February 18, 2016. Motion was seconded by Mr. Viens and was unanimously approved by the Board. Mr. Notary was found in violation for work without a permit and given until February 18, 2016 to come into compliance or a fine be immediately imposed in the amount of $75.00 for the first day and $25.00 every day thereafter until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the violation be imposed. 2. Case No. 15-72 - Violation of Section 70-69, Receipt Required: Payment of Tax Prerequisite to Issuance; Section 70-71, Engaging in Business Without Paying Tax or Making Reports; Section 70-77, Separate Receipt Required for Each Business; Section 110-275, Prohibited Uses and Structures; Section 110-335 (1), Prohibited Uses and Structures; of the City of Cape Canaveral Code of Ordinances, (334 Holman Road & 6119 N Atlantic Avenue) Douglas C Wilson, Trust. C/O William T Taylor, Trustee. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits noting that currently the property has been found in compliance; however, Staff wanted to establish the violation in the event of future violations. Officer Alexander testified that on October 28, 2015 Staff received a complaint regarding tree removal activities which prompted a site visit where Staff observed a large amount of tree logs on the property with bark being removed. During this site visit Staff spoke with a representative in the office regarding the activities observed on the property and asked to see the Business Tax Receipt (BTR) for that location; however, one could not be provided. Staff then informed the individual of the BTR requirements. Officer Alexander explained that on October 30, 2015 a Revised Notice of Violation was issued to include the R-1 Zoning District regulations. During the case history overview, Officer Alexander showed aerial photographs and drawings to assist in defining zoning boundaries in the Holman Code Enforcement Board Meeting Minutes December 17, 2015 Page 4 Road area. Officer Alexander also reported to the Board that during this time period, Staff received numerous complaints from surrounding property owners regarding the delivery, shaving, and carving of logs on the site since the issuance of the Notice of Violation. Officer Alexander testified Staff had conducted numerous site inspections to the property and she presented photos substantiating her findings. On December 10, 2015 Staff met with Scott McCauley from Big Kahuna Tiki Huts, Inc., William T. Taylor, the Trustee for the Douglas C. Wilson Trust, and Kevin Mackey, Attorney for the Trust, to discuss the current operations. During this meeting it was requested all activities cease and the logs and other associated materials/equipment be removed from the property to obtain compliance. Following a site visit on December 17, 2015, the respondents were found to be in compliance. Following Officer Alexander's testimony Kevin Mackey addressed the Board to explain that the property owner, in this case, is just the landlord and not the violator. Mr. Mackey also stated he was in discussion with other City Staff regarding a Special Exception. After a brief discussion by Mr. Mackey, Officer Alexander answered questions and addressed comments from the Board. Following discussion, Officer Alexander respectfully requested that based on the evidence and testimony presented at this hearing, the Code Enforcement Board find the respondent(s) in violation as stated in the Revised Notice of Violation and that no penalties be imposed at this time. Motion by Mary Russell, seconded by Raymond Viens; to accept Staffs recommendation and find the respondent not in compliance. Vote on the motion carried unanimously. OLD BUSINESS: CASES THAT HAVE BEEN BROUGHT INTO COMPLIANCE: None Pursuant to Section 286.0105; F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made; which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence; nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. ADJOURNMENT: The meeting was adjourned at 6:50 pm by Chairperson Mary Russell. Code Enforcement Board Meeting Minutes December 17, 2015 Page 5 Approved on this day of , 2016. Mary Russell, Chairperson Cindy Gregson, Board Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES February 18, 2016 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 18, 2016 in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:58 pm by Chairperson Mary Russell. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Christopher Cloney James Hale Chairperson Vice -Chairperson MEMBERS ABSENT Walter P. Godfrey, Jr Ralph Lotspeich OTHERS PRESENT Jennifer Nix Assistant City Attorney Brian Palmer Code Enforcement Officer Michael German Building Official Cindy Gregson Board Secretary Chairperson Russell introduced Jen Nix who will be the Board Attorney moving forward. Board members established the next meeting would be held on March 24, 2016. Senior City Attorney Jennifer Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of the December 17, 2015 Meeting Minutes. Chairperson Russell asked the Board for any corrections or adjustments to the minutes. Board Member Cloney requested clarification as it was his impression that Mr. Notary was to be given until February 18, 2016 to come into compliance and was the date part of a motion rather than a recommendation. Senior Attorney Nix confirmed that was what was stated in the Order. Senior Attorney Nix proposed the Board could approve the Minutes with the addition of the date of February 18, 2016 subject to confirmation by the Board Secretary. Chairperson Russell agreed and called for a vote to accept the Minutes with the correction as noted. Code Enforcement Board Meeting Minutes February 18, 2016 Motion by Mr. Cloney, seconded by Mr. Hale, to approve the Code Enforcement Meeting Minutes of December 17, 2015, with the correction as noted. Vote on the motion carried unanimously. Chairperson Russell clarified the Board voted to accept the correction. The Board now needed to vote on the approval of the Minutes. Motion by Mr. Viens, seconded by Mr. Hale, to approve the Code Enforcement meeting minutes of December 17, 2015, with the correction as noted. Vote on the motion carried unanimously. 2. Election of Board Chaimersons in compliance with the following section: ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS, DIVISION 1. — GENERALLY, Sec. 2-1471, (c), (i) - Uniform procedures and requirements. Motion by Mr. Viens, seconded by Mr. Cloney, to nominate Mary Russell as Chairperson. Vote on the motions carried unanimously. Motion by Mr. Hale, seconded by Mr. Cloney, to nominate Raymond Viens as Vice -Chairperson. Vote on the motions carried unanimously. COMPLIANCE HEARINGS: 1. Case No. 15-66 — Violation of Section 105, Required Permits; Section 110, General Inspections; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7090 N Atlantic Avenue) — Michael M Notary ET AL. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that the violation is for performing work without a permit. Mr. Notary appeared before the Code Enforcement Board on December 17, 2015 and gave him until February 18, 2016 to bring the property into compliance. Keith Notary addressed the Board stating he had removed the mesh fence back in January and believed this would make him compliant. He requested he be allowed to retain the vertical elements of his fence, including plants, which would help keep people from using his parking lot for deliveries. Mr. Notary questioned the Board regarding what constitutes a fence. Board members asked Officer Palmer to respond. Officer Palmer reminded the Board of his recommendation for the Notice of Violation and what was needed to bring this property into compliance, which is to remove the fence. Officer Palmer defined the term fence and presented photographs of fences found on the internet, which he then compared to pictures of the fence found on Mr. Notary's property. Mr. Notary addressed the Board further to express what he wanted to accomplish with a barrier and asked for recommendations from the Board. Senior Attorney Nix reminded the Board and Mr. Notary that the purpose of the meeting was to establish if, as of February 18, 2016, the 2 Code Enforcement Board Meeting Minutes February 18, 2016 property is in compliance or not and any other information needed from the Building Official or Staff should occur at another time, outside of the meeting. Officer Palmer respectfully requested that the Board find the Respondent(s) in non-compliance of the Order imposing penalty on first violation and a fine be immediately imposed in the amount of $75.00 for the first day and $25.00 every day thereafter until found in compliance. Attorney Nix counseled the Board that there is a procedure where if compliance is obtained, Mr. Notary can apply for a satisfaction or a reduction of the lien. Motion by Mrs. Russell, seconded by Mr. Viens, to accept Staffs recommendation and find the Respondent in non-compliance and a fine of $75.00 be imposed for February 18, 2016 and $25.00 for every day thereafter until the fence is removed and Respondent has contacted Staff. Chairperson Russell called for the vote with Board member Cloney as the only dissenting vote. Chairperson Russell reminded Mr. Notary to contact Mr. German or Officer Palmer advising them when he was in compliance. She further reminded Mr. Notary the fine was $75.00 for February 18, 2016 and $25.00 for every day thereafter until the property is brought into compliance. PUBLIC HEARINGS: None OLD BUSINESS: None ADJOURNMENT: Mary Russell adjourned the meeting at 6:52 p.m. Approved on this day of )2015. Mary Russell, Chairperson Cindy Gregson, Board Secretary 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 3 Code Enforcement Board Meeting Minutes February 18, 2016 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. 0 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: df -3G /e �/i 46d 2. Home Address: /6;3 L501a &, k�%re6 I rive d7 N r�,c/�r� l 3. Home and Cellular Telephone: 3oi /, 717q, 3, 8 so / 4. Occupation: e_? go /)"s v /7 /_ 5. Business Telephone: a?/• 1?d 3, 35a 6. Business Address: �4 4,5 4Lv e 7. E -Mail: b ilr6 A e/ e h oJ7"e' ,' f' co' -Y7 B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. / 1. Are you duly registered to vote in Brevard County? (Y) '// (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) 3a. Are you a Business owner. (Y) (N) 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check / performed on you by the City of Cape Canaveral? (Y) ✓ (N) 7a. Are you related to a City of Cape Canaveral Council / member by blood, adoption, or marriage? (Y) (N) 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisor board or committee: 4ep/n C "�P r `plc r1�/� 9r� � �4�5-A /fir el-�Ieeu-e 4 . GJllnThep -k j� - - - 2. In numerical sequence (1 = most interested), please rank which advisor boar or comm ee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. 1 Code Enforcement Board* d. Community Appearance Board e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other. *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. 4 Briefly state any prior experiences in serving on any governmental board or committee: 6 rev feel help to qualify you for a bers/hip on the d sired board or committ e. _ ,. S �� �',�50�,-� w / ��/ID D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to. any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: by: Board Appointed to: erm Expires: Page 3 of 3 City of Cape Canaveral c � - C(TY OF - CAPE CANAVERAL z February 11, 2016 Birchel S. Brown 703 Solana Shores Dr., B407 Cape Canaveral, FL 32920 RE: APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARDS Dear Mr. Brown: Thank you for expressing an interest in serving on the City's Code Enforcement Board. Contributions of time, talent and resources are critical to the successful implementation of the City Council's priority areas as established in the Envision Cape Canaveral effort. Your application has been forwarded to Community Development Director David Dickey & Building Official Michael German, Staff support for the Code Enforcement Board. They will keep you posted on the status of your application as to the interview/appointment process. The City appreciates you for taking the time to apply and for your interest in helping make Cape Canaveral a premier beachside community. Sincerely, d/vAa#-)e� Ang a Apperson, MMC City Clerk cc: Honorable Mayor and Members of the City Council David L. Greene, City Manager David Dickey, Director Community Development Michael German, Building Official 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: ��r�R S 14 f} -KT k=14 2. Home Addres� i r{t)� 4-Citity, State, zip: 3 a g ;L-(-) tlip[- C /4w1 U� eta!, Ft, 3. Home Telephone: 3a ( 3 — C'� 3 6 7 4. Occupation: I? L? Iy? F 6 — I rJScn a 1-N Cr 4 Oy US i t P— P/4RT j t mt a kK lAA RLbyi uTI 0 N MigNA-6CW&JV N 5. Business Telephone: 6. Business Address: L 14 A rtT L�f-� 6) clzt" 2 2, cj:) .m B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? a LA e,fw © w m L rZ l C -kA -I0 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a. If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: Y ✓ N (Y) (N) '/ (Y) (N) (Y) (N) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent /1 h-t�— to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initi s consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly st a your interest in serving on a City advisory board or committee: 1 ' /'O u,,t..w. W c tic _ CSa ���ir�,� Ae U -Q ��v�-�• Cn� 2. Briefl state any rior experiences in serving on any governmeAtal board or com ee: lt�v ti 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: A# iA . u a ! A 1 I / i T.. I i f _i1 _ . - . w w — . . _. <'O ..n 1 ._ . . 1: — 1 �9 NSP PI�L"V t� tJ M rh'r v�� 0 L rt n« 14-10 J U S -' A4 ry , 4. In numerical sequence (1 1 mos�f�ri�teres4ed),'please rank which advisory Uard or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* c. Business and Cultural Development Board d. Code Enforcement Board' e. Community Appearance Board' f. Construction Board of Adjustment and Appeals' g. Library Board h. Planning and Zoning Board' i. Recreation Board j. Other: 'Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 2 IN )S'S uu"M'0i- D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American ✓ Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. Your application will remain effective for one year from the date of completion. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. n9 wa, I Signature: Date: 14 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 City of Cape Canaveral February 10, 2016 Charles L. Hartley 399 Holman Road Cape Canaveral, FL 32920 RE: APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARDS Dear Mr. Hartley: Thank you for expressing an interest in serving on the City's Code Enforcement Board. Contributions of time, talent and resources are critical to the successful implementation of the City Council's priority areas as established in the Envision Cape Canaveral effort. Your application has been forwarded to Community Development Director David Dickey & Building Official Michael German, Staff support for the Code Enforcement Board. They will keep you posted on the status of your application as to the interview/appointment process. The City appreciates you for taking the time to apply and for your interest in helping make Cape Canaveral a premier beachside community. Sincerely, otz rV ae4(5jr--n Angela Apperson, MMC City Clerk cc: Honorable Mayor and Members of the City Council David L. Greene, City Manager David Dickey, Director Community Development Michael German, Building Official 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: infoGcityofcapecanaveral.org CityCapeof Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): DUFFETT, HENRY P Location of the Violation: 333 MADISON AVE, CAPE CANAVERAL 32920 CASE No. 2015-77 DATE: 4/4/2016 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 21, 2016, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 4th day of April, 2016 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 �- City of Cape Canaveral Community Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2015-77 A Florida Municipal Corporation, Date: 11/20/15 Complainant, V. Owners of the property located at: 333 MADISON AVE, CAPE CANAVERAL 32920 PARCEL ID: 24 -37 -23 -CG -00021.0-0007.00 Respondent(s): DUFFETT, HENRY P PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN' THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE EN'FORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 333 MADISON AVE, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: DUFFETT, HENRY P 1187 N HALIFAX AVE DAYTONA BCH, FL 32118 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.ore-mail: b.palmer@cityofcapecanaveral.org Page 2 2015-77 Our office received a complaint regarding individuals living in a Recreational Vehicle on your property; this is a violation of the city ordinances. 3. Description of Violation(s) at property: Section 110-551. (A), (2), (a), (b), (d), (e), (i) Location of recreational vehicles, camping equipment, boats and boat trailers. (a) No person shall occupy or reside in any travel trailer, camper trailer, camper (truck mounted), motor travel home or tent in any location within the city other than a duly licensed and approved trailer park, except as provided in this section. Recreational vehicle means any vehicle or portable structure designed primarily to provide temporary living quarters for recreation, camping, travel or similar use; either mounted on wheels or designed to be mounted upon and carried by another vehicle. This definition is intended to include a travel vehicle, motor home, camping trailer, camp bus, house bus and truck camper unit of walk-in capacity. (2) Regulations. The following regulations shall apply to boats, utility trailers, recreational vehicles or special purpose vehicles: a. In all zoning classifications, no boats, utility trailers, recreational vehicles or special purpose vehicles shall park within the right-of-way line abutting any street. b. In all zoning classifications, no boats, utility trailers, recreational vehicles or special purpose vehicles shall be parked any closer than three feet from the exterior of all buildings, homes or other structures, including eaves and overhangs. d. All vehicles herein permitted shall have affixed thereto a currently valid license tag registered to the vehicle, shall be parked or stored with wheels and tires mounted, and shall be maintained in a movable condition. e. Except as necessary for repair or maintenance, no boat, utility trailer, recreational vehicle or special purpose vehicle or structure designed to be mounted upon and carried by another vehicle, shall be used as an accessory building or connected to any utility or electrical service, except for temporary connections to battery charging devices. i. Boats, utility trailers, recreational vehicles and special purpose vehicles, or any combination thereof, parked in unison or in tandem in excess of 30 feet in length shall not be allowed to be parked or stored in the R-1 and R-2 zoning classifications of the city, unless the boat, utility trailer, recreational vehicle, special purpose vehicle or combination is located in a rear yard, side yard or any setback abutting a street and is fenced or screened from view or is located in a front yard and under covered parking which shall, as a minimum, consist of a carport. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: b.Palmer@cityofcapecanaveral.or� Page 3 2015-77 Sec. 110-553. - Living or residing in boats, utility trailers, recreational vehicles and special purpose vehicles. No person or persons shall reside in or occupy with the intent of using as shelter any boat, utility trailer, recreational vehicle, special purpose vehicle or other automotive vehicles, such as an automobile, truck, bus or the like in the city for a period in excess of 24 hours, with the exception of recreational vehicles in an approved and permitted site used for recreational vehicles. 4. Recommendation(s) to correct the violation(s) described above: • Do not allow individuals to live in any recreational vehicle on your property. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. Brian Palmer Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 ww-vv.cityofcapecanaveral.or e-mail: b.palmer@cityofcapecanaveral.org CityCapeof Canaveral Community Development Department NOTICE OF HEARING kVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Keenan Realtors, LLC, C/O Vincent E Keenan, P.O, R.A. Costa Del Sol Condominium Association, Inc C/O Timothy Pickles, R.A Location of the Violation: 6099 N Atlantic Avenue, Cape Canaveral, FL PID: 24 -37 -26 -CH -00000.0-0021-02 CASE No. 2016-81 Date: 4/6/16 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 21, 2016 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s), as set forth in the Notice of Violation attached as EXHIBIT "A", and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.oriz e-mail: info@cityofcapecanaveral.org Notice of Hearing Apri16, 2016 Page 2 AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 6th day of April, 2016 A_4&0a'ze&_ Duree Alexander, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info(a�cityofcapecanaveral.org V Complainant, V. CityCapeof Canaveral Community Development NOTICE OF VIOLATION :ANAVERAL oration, Owners of the property located at: 6099 IST Atlantic Avenue, Cape Canaveral, FL PID: 24 -37 -26 -CH -00000.0-0021-02 Respondent(s): Keenan Realtors, LLC, C/O Vincent E Keenan, R.A. Costa Del Sol Condominium Association, Inc C/O Timothy Pickles, R.A CASE NO. 2016-81 Date: 1-11-16 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 6099 N Atlantic Avenue, Cape Canaveral, FL PID: 24 -37 -26 -CH -00000.0-0021.02 Mailing Address: P.O. Box 326 Physical Address: l 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.or e-mail: info(@,,cityofcapecanaveral.orQ Notice of Violation Case No. 2016-81 Page 2 2. Name and address of owner(s) of property where violation(s) exist: Keenan Realtors, LLC, C/O Vincent E Keenan, R. A. 6099 N Atlantic Avenue Cape Canaveral, FL 32920 Costa Del Sol Condo. Assoc. C/O Timothy Pickles 3490 N. U.S. Hwy 1, P.O. Box 236007 Cocoa, FL 32923-6007 A site visit to the property revealed the addition of an electronic sign without a permit, or approval pursuant to the City Code of Ordinances. 3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. FBC 105.1 Required Permit(s); Any owner, or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FBC 110.1 General Inspection(s); Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. City Code of Ordinances, Section 94-78, (a) (b) (c) (e). Electronic signs. Electronic signs may be approved under this chapter provided the proposed electronic sign satisfies the following requirements: (a) A maximum of one electronic sign may be incorporated into a monument sign or pylon sign. The electronic sign must be in compliance with all applicable provisions of this chapter, (b) The size of the electronic sign shall be limited to a maximum size equal to 32 square feet. The maximum area of the sign shall not exceed 120 square feet. The electronic sign shall be fully incorporated within the outer perimeter of the sign. Further, the size of the electronic sign shall be included in the calculation for the total signage allowed for the property and the overall size limitation for a particular sign. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcapecanaveral.orP_ e-mail: info(@ citvofcapecanaveral.orR Notice of Violation Case No. 2016-81 Page 3 (c) The electronic sign shall be limited to display of alphanumeric characters only. Moving graphic displays of non -alphanumeric characters (such as simulations of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be prohibited. (e) The electronic sign shall be set to a specific brightness level and shall electronically respond to changing light conditions (e.g., change from day to night or to darkness related to weather). Written certification shall be provided with the sign permit application from the sign manufacturer that the sign has can has been preset to not to exceed the following light level standard as measured in nits, as follows: (1) Maximum daytime level at 6,000 nits. (2) Maximum nighttime level at 500 nits. Further, the preset light level shall be protected from end user manipulations by password protected software or other acceptable methods. 4. Recommendation(s) to correct the violation(s) described above: • Apply for a permit for the erection of an electronic sign on the existing ground sign. • You must be issued a permit and obtain the approved final inspection to be compliance, or remove the electronic sign. • You must comply with all applicable provisions of the City Code regarding the erection of the electronic sign. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222, ext. 13. Avt,-,- Aea,74�6— Duree Alexander Code Enforcement Officer C: Dennis Gibbs, President Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 www.citN,ofcapecanaveral.org e-mail: info(a cityofcapecanaveral.or� CityCapeof Canaveral Community Development Department NOTICE OF HEARING VERAL ion, Complainant, V. Respondent(s): MILS Realty, LLC, C/O Jim Morris, R. A. Location of the Violation: 191 Center Street, Cape Canaveral, FL 32920 PD# 24-37-23-JI-OOOOL.0-0000.00 CASE No. 2016-83 Date: 4/4/16 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 21, 2016 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s), as set forth in the Notice of Violation attached as EXHIBIT "A", and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 www.cityofcapecanaveral.or e-mail: info@cityofcapecanaveral.org Notice of Hearing April 4, 2016 Page 2 AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 4th day of April, 2016 Duree Alexander, Code Enforcement Officer C: Mark Jendrek, Sea Ray Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 www.cityofcapecanaveral.ore-mail: info@cityofcapecanaveral.org CityCapeof Canaveral Community Development NOTICE OF VIOLATION NAVERAL •ation, vvuiy•uiucu. V. Owners of the property located at: 191 Center Street, Cape Canaveral, FL 32920 PD# 24-37-23-JI-OOOOL.0-0000.00 Respondent(s): MILS Realty, LLC, C/O Jim Morris, R. A. CASE NO. 2016-83 Date: 2-25-16 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 191 Center Street, Cape Canaveral, FL 32920 PD# 24-37-23-JI-OOOOL.0-0000.00 2. Name and address of owner(s) of property where violation(s) exist: MILS, Realty LLC, Jim Morris, R. A. 643 E 182ND Street 55 Westview Lane Bronx, NY 10458 Cocoa Beach, FL 32931 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.orp, e-mail: infoPcityofcapecanaveral.org Notice of Violation Case No. 2016-83 Page 2 A site visit to the property revealed outside storage of boat hulls, storage drums, trailers and other types of miscellaneous materials. Staff conducted a records search and was unable to find a granted Special Exception for outside storage. In addition, Staff was unable to find any Business Tax Receipts for Companies that may produce and/or repair these items, i.e. boats. The only active Business Tax Receipts on record for your property are Cape Design & Engineering and Tech Vest. Any other businesses located at this property are required to obtain a Business Tax Receipt. 3. Description of Violation(s) at property: Section 110-384, (1) - Prohibited uses and structures. 1. All uses not specifically or provisionally permitted in this division are prohibited. Section 70-68, (a) (b). Violation; penalty. (a) Each day of sale or disposal or merchandise or engaging in a business or occupation without complying with this article shall constitute a separate and distinct violation of this article. (b) Any person violating this article shall, upon conviction, be punished as provided in Section 1-15. Section 70-69. Receipt required; payment of tax prerequisite to issuance. Each person who shall engage in, transact or manage, or be the agent for any business, or who shall perform or offer to perform services, or sell goods, advertise goods for sale, or perform services or solicit or advertise the performance of services for any of the businesses, professions or occupations mentioned in this article shall first procure a local business tax receipt from the City and shall, upon procuring the receipt and before the issuance of the receipt, pay the amount of local business tax required as provided in Section 70-89. Section 70-71. Engaging in business without paying the tax or making reports. It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, occupations or professions specifically enumerated in this article without paying the local business tax required by this article in the manner provided in this article or to fail to make any reports to the business license official as required or to violate any other section of this article. 4. Recommendation(s) to correct the violation(s) described above: • Removal all items stored outside the building. • Obtain a Special Exception for outside storage, if you choose to store items outside. • All businesses that rents space in your building, or operate any type of business is required to obtain a Business Tax Receipt and comply with current City Codes. • Sea Ray must obtain a Business Tax Receipt to operate a business within the City of Cape Canaveral. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.ore-mail: info@cityofcapecanaveral.org Notice of Violation 2016-83 Page 2 Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222, ext. 13. Auu– Aea, — Duree Alexander Code Enforcement Officer C: Sea Ray Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 – Fax (321) 868-1247 www.cityofcapecanaveral.ore-mail: info@cityofcapecanaveral.org WA ' City of Cape Canaveral My orCommunity Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2016-87 A Florida Municipal Corporation, Date: 4/7/16 Complainant, V. Respondent(s): Christian F Bendix Location of the Violation: 225 Adams Avenue, Cape Canaveral, FL 32920 Parcel ID# 24 -37 -23 -CG -00008.0-0007.00 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 21, 2016 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s), as set forth in the Notice of Violation attached as EXHIBIT "A", and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.ore-mail: info(i�cityofcapecanaveral.org Notice of Hearing April 7, 2016 Page 2 AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 7th day of April, 2016 " N°za'?4iX_ Duree Alexander, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.ore-mail: info(a-cityofcapecanaveral.org O J� stc+ r r City of Cape Canaveral Community Development Development � _ CCA� VERAL NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2016-87 r A Florida Municipal Corporation, Date: 1/01/16 Complainant, V. Owners of the property located at: 225 Adams Avenue, Cape Canaveral, FL 32920 Parcel ID# 24 -37 -23 -CG -00008.0-0007.00 Respondent(s): Christian F Bendix PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 225 Adams Avenue, Cape Canaveral, FL 32920 Parcel ID# 24 -37 -23 -CG -00008.0-0007.00 2. Name and address of owner(s) of property where violation(s) exist: Christian F Bendix 275 Arno Avenue Cape Canaveral, FL 32920 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: infona,cityofcapecanaveral.org Notice of Violation 2016-87 Page 2 Staff received an anonymous complaint regarding the erection of a new fence on your property. A search of our records revealed no permit for a new fence for that address. Staff conducted a site visirto the property to verify the compliant and observed a new fence located at 225 Adams Avenue. 3. Description of Violation(s) at property: Section 82-31. Florida Building Code (FBC) adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. FBC 105.1 Required Permit(s). Any owner, or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the requited permit. FBC 110.1 General Inspection(s). Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval, as a result, of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation(s) to correct the violation(s) described above: Apply for and obtain a permit to erect a new fence. ➢ Obtain the approved final inspection to be in compliance. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222, ext. 13. Duree Alexander Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org