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HomeMy WebLinkAboutCEB Agenda Pkts 05-19-2016CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA May 19, 2016 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: June 23, 2016. NEW BUSINESS: 1. Approval of Meeting Minutes: April 21, 2016. 2. Election of Board Vice -Chairperson in compliance with the following section: ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS, DIVISION 1. — GENERALLY, Sec. 2-1471, (c), (i) - Uniform procedures and requirements. (c) Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements: (i) Chairmanships. Each board and committee shall be responsible to elect, by majority vote of the members of each board or committee, a chairperson and vice -chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elections at their first regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or vice - chairperson. All meetings shall be as regularly scheduled and at the call of the chair and at such other times as a majority of the members of any board or committee may determine. COMPLIANCE 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. Code Enforcement Agenda May 19, 2016 Page 2 2. Case No. 16-81 - Violation of Section 82-31, Florida Building Code (FBC) Adopted; FBC Section 105. 1, Required permits; 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. PUBLIC HEARINGS: 1. Case No. 16-85 - Violation of Section 601.2, Responsibility; Section 603.1 Mechanical. equipment, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (720 Beach Park Lane) — Joseph N & Diane Robillard, H/W. & Villages of Seaport Condominium Association. Inc. C/O Russell E Klemm, R.A. OLD BUSINESS: 1. 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. —In compliance. 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 April 21, 2016 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 21, 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 Ralph Lotspeich MEMBERS ABSENT Walter P. Godfrey, Jr OTHERS PRESENT Jennifer Nix Duree Alexander Brian Palmer Michael German Cindy Gregson Karen Hutchinson Chairperson Vice -Chairperson Senior City Attorney Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Clerical Assistant Board members established the next meeting would be held on May 19, 2016. Senior City Attorney Jennifer Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Revised Meeting Minutes: December 17, 2015 Motion by Mr. Viens, seconded by Mr. Hale, to approve the revised meeting minutes of December 17, 2015. Vote on the motion carried unanimously. 2. Approval of Meeting Minutes: February 18, 2016 Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of February 18, 2016, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 21, 2016 3. Interview & Recommendation to City Council Re: Potential Board Members Birchel Brown, Charles Hartley. Chairperson Russell introduced Mr. Charles Hartley to the Board, noting the other applicant, Mr. Birchel Brown, has withdrawn his application at this time. Mr. Charles Hartley addressed the Members and expressed his desire to serve on the Board stating he has knowledge/understanding of the workings of the Board. Chairperson Russell asked Mr. Hartley how long he has lived in Cape Canaveral; to which he replied, thirty-five (35) years. Motion by Mr. Viens, seconded by Mr. Hale, to recommend Mr. Charles Hartley to City Council for consideration to serve on the Code Enforcement Board. Vote on the motion carried unanimously. 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. Chairperson Russell introduced Case No. 15-77 asking Board Members if there had been any Ex Parte communication with anyone regarding this Case, to which all Board Members replied no. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified the violation is for living in a recreational vehicle. Officer Palmer testified that he received a complaint from the Sheriff's Office regarding individuals living in an R.V. Officer Palmer conducted a site visit and was able to substantiate this complaint. On March 23, 2016 Mr. John Duffett contacted Staff and informed them he was taking over his father's properties. Officer Palmer stated that on April 4, 2016 the property owner was sent a Notice of Hearing. While the property owner was not present at the Hearing, Mr. Duffett informed Staff on April 19, 2016, he was initiating eviction procedures on the tenants who are residing on the property. Based on the evidence and testimony presented at this Hearing, Staff respectfully requested that the Code Enforcement Board find the Respondent(s) in violation, as set forth in the Notice of Violation and give the Respondent(s) until May 19, 2016 to come into compliance, or a fine be immediately imposed in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) for everyday thereafter until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the violation be imposed. 2 Code Enforcement Board Meeting Minutes April 21, 2016 Motion by Mr. Cloney, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in violation. Vote on the motion carried unanimously. 2. Case No. 16-81 - Violation of Section 82-31, Florida Building Code (FBC) Adopted; FBC Section 105. 1, Required permits; 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. Chairperson Russell introduced Case No. 16-81 asking Board Members if there had been any Ex Parte communication with anyone regarding this Case, to which all Board Members replied no. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified the violation is for work without the required permits and approved final inspection(s). Officer Alexander further testified that on January 7, 2016 a field inspection revealed an electronic sign was added to an existing ground sign with no record of a building permit. Mr. Vincent Keenan addressed the Board and asked for a one month extension to obtain the required building permit. Based on the evidence and testimony presented at this hearing, Staff respectfully requested that the Code Enforcement Board find the Respondent(s) in violation, as set forth in the Notice of Violation and give the Respondent(s) until May 19`h, 2016 to come into compliance, or a fine be immediately imposed in the amount, of one hundred dollars ($100.00) for the first day- and seventy-five dollars ($75.00) for everyday thereafter until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the violation shall apply. Motion by Mr. Lotspeich, seconded by Mr. Viens, to accept Staff's recommendation and find the Respondent in violation. Vote on the motion carried unanimously. 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. Chairperson Russell introduced Case No. 16-83 asking Board Members if there had been any Ex Parte communication with anyone regarding this Case, to which all Board Members replied yes. Angela Raymond, who was present and identified herself, had contacted all Board Members regarding this Case. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for outside storage and lack of a Business Tax Receipt. Officer Alexander stated at the time of the 9 Code Enforcement Board Meeting Minutes April 21, 2016 Code Enforcement Board Meeting, the Respondent is in non-compliance due to the lack of the Business Tax Receipt which has been applied for and should take about one week to process. Bill Gowan, Director of Operations for Sea Ray, was present and addressed the Board, stating the testimony he heard was accurate. Mr. Gowan further stated Sea Ray wanted to be a good partner in the community. Based on the evidence and testimony presented at this hearing, Staff respectfully requested that the Code Enforcement Board find the Respondent(s) in violation, as set forth in the Notice of Violation and give the Respondent(s) until May 19, 2016 to come into compliance, or a fine be immediately imposed in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) for everyday thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the violation shall apply. Motion by Mr. Lotspeich, seconded by Mr. Viens, to accept Staffs recommendation and find the Respondent in violation. Vote on the motion carried unanimously. 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. Staff requested the Board make a motion for a continuance because the Respondent is out of the country. Motion by Chairperson Russell, seconded by Mr. Hale, to move this Case to a later date. Vote on the motion carried unanimously. OLD BUSINESS: None ADJOURNMENT: Chairperson Russell adjourned the meeting at 7:03 p.m. Approved on this day of , 2016. 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 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. 11 Code Enforcement Board Meeting Minutes April 21, 2016 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 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: 5/9/2016 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 19, 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 Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. 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 9th day of May, 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 www.cityofcapecanaveral.org e-mail: b.Palmer(a,cityofcapecanaveral.org City of Cape Canaveral Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Respondent, Duffett, Henry P. Owner of the Property located at: 333 Madison Ave. Cape Canaveral, FL 32920 Tax ID# 2433613 Legal: AVON BY THE SEA, LOTS 7 & 8, BLK 21, P.B. 3, PG. 7 Parcel ID: 24 -37 -23 -CG -00021.0-0007.00 Case # 2015-77 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 April 21, 2016, 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 and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are 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. Case No. 2015-77 — That a Violation of Section 110-551, 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 Ave, Tax ID# 2433613, Cape Canaveral, FL 32920 — Duffett, Henry P. Mailing Address: P.O. Box 326 — Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 .znznzr;tvnfnarw�.anaveral nro p. -mail- Info nr.itvofranPcanaveral.org Case No. 2015-77 Page 2 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided Notice of Hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 110-551, 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 Ave, Tax ID# 2433613, Cape Canaveral, FL 32920 — Duffett, Henry P. 5. That said violation(s) exist(s) 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 19, 2016, 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 seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the 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. Mailing Address: P.O. Box 326 — Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 wwvv_citvnfcanecannvernl_oru e-mail: infoncitvofcnnecanaveral-org Case No. 2015-77 Page 3 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 21 st day of April, 2016. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Ra Viens, Vic Chairperson Copies furnished to: Henry P. Duffett City of Cape Canaveral, Case File 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.org e-mail: info(d�citvofcamcanaveral.org CityCapeof Canaveral Community Development Department NOTICE OF HEARING NERAL 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: 5/9/16 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 19, 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 Order Imposing Penalty on First Violation attached as EXHIBIT "A", and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. 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 Notice of Hearing May 19, 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 ED this 9th day of May, 2016 /fit 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.cityofcgpecanaveral.org e-mail: info@cityofcapecanaveral.org CityCapeof Canaveral Community Development Department CAft 01., CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case # 2016-81 A Florida municipal corporation, Complainant, V. Respondent, Keenan Realtors, LLC, C/O Vincent E Keenan, R.A. & Costa Del Sol Condominium Association, Inc. C/O Timothy Pickles, R.A. Owner of the Property located at: 6099 N. Atlantic Avenue, Cape Canaveral, FL 32920 Tax ID# 2436272 Tax ID # 2455757 Common Area Legal: BANANA RIVER ESTATES E 200 FT OF LOT 21 AS DES IN ORB 1743 PG 749, PB 0010, PG 0001 Parcel ID: 24 -37 -26 -CH -00000.0-0021.02 Parcel ID: 24-3 7-2 6-CH-00000.0-0017.XD 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 April 21, 2016 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 and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are 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. Case No. 2016-81— That a Violation of Section 82-31, Florida Building Code (FBC) Case No. 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 2016-81 Page 2 Adopted; FBC Section 105.1, Required permits; 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, Cape Canaveral, FL 32920, Tax ID# 2436272,— Keenan Realtors, LLC, C/O Vincent E Keenan, R.A. & Costa Del Sol Condominium Association, Inc. C/O Timothy Pickles, R.A., Tax ID # 2455757 Common Area, ( Exhibit "A") 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 82-31, Florida Building Code (FBC) Adopted; FBC Section 105. 1, Required permits; 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, Cape Canaveral, FL 32920, Tax ID# 2436272,— Keenan Realtors, LLC, C/O Vincent E Keenan, R.A. & Costa Del Sol Condominium Association, Inc. C/O Timothy Pickles, R.A. Tax ID # 2455757 Common Area 5. That said violation(s) exist(s) 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 19, 2016 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 seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the 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 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 Case No. 2016-81 Page 3 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 25th day of April, 2016. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA c Ra and Viens, Vice -Chairperson Copies furnished to: Keenan Realtors, LLC, C/O Vincent E Keenan, R.A. & Costa Del Sol Condominium Association, Inc. C/O Timothy Pickles, R.A., Respondent City of Cape Canaveral, Case File 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 1 NORTH ATLANTIC- AVENUE AidI; \rww �r �• 0/ r �» 8 d a � o r e CityCapeof Canaveral Community Development Department NOTICE OF HEARING LVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Joseph N & Diane Robillard, H/W Villages of the Seaport Condominium Assoc. Inc. C/O Russell E Klemm, R. A. Location of the Violation: 720 Beach Park Lane, Cape Canaveral, FL 32920 PD# 24-37-14-00-00046.Q-0000.00 CASE No. 2016-85 Date: 5/9/16 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 19, 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.org e-mail: infoQcityofcapecanaveral.org Notice of Hearing May 19, 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 9th day of May, 2016 A4tU &&a174 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 - {- CityCapeof Canaveral CA CRY Or c�tiav[aai Community Development re NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 720 Beach Park Lane, Cape Canaveral, FL 32920 PD# 24-37-14-00-00046.Q-0000.00 Respondent(s): Joseph N & Diane Robillard, H/W Villages of the Seaport Condominium Assoc. Inc. C/O Russell E Klemm, R. A. CASE NO. 2016-85 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 VIOLATIONS) 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): 720 Beach Park Lane, Cape Canaveral, FL 32920 PD# 24-37-14-00-00046.Q-0000.00 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 Notice of Violation Case No. 2016-85 Page 2 2. Name and address of owner(s) of property where violation(s) exist: Joseph N & Diane Robillard 720 Beach Park Lane Cape Canaveral, FL 32920 Villages of the Seaport Condominium Assoc. Inc. C/O Russell E Klemm, R. A. 1065 Maitland Center Commons Blvd. Maitland, FL 32751 A site visit to the property revealed the outside A/C condenser unit is missing. Upon speaking with you regarding this issue, you informed me at the time of the inspection. that the unit would be replaced. A follow up inspection revealed the unit has not been replaced. 3. Description of Violation(s) at property: Section 82-221— International Property Maintenance Code Adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. IPMC Section 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises, which does not comply with the requirements of this chapter. IPMC Section 603.1 Mechanical equipment. All mechanical equipment, fireplaces and solid fuel - burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 4. Recommendation(s) to correct the violation(s) described above: If you have an existing A/C system that system must be maintained in working order, therefore, you must obtain a permit and the approved final inspection for the installation of the A/C condenser missing from 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, ext. 13. Avtt�— 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 May 11, 2016 MILS Realty LLC, 643 E 1821`'D Street Bronx, NY 10458 CASE NO: 2016-00083 CityCapeof Canaveral Community Development Department NOTICE OF COMPLIANCE LOCATION OF VIOLATION: 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 The property was found in compliance on May 9, 2016, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: 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. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1222 ext. 13. Sincerely, A,,,� N&a,746_ Duree Alexander, Code Enforcement Officer cc: 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 «,xvu,.cityofcapecanaveral.ore-mail: info@cityofcapecanaveral.or�