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Home My WebLink AboutCEB Agenda Packet 7-21-16 (Cancelled)CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA July 21, 2016 6:00 PM Establish Next Meeting Date: August 18, 2016 NEW BUSINESS: 1. Approval of Meeting Minutes: May 19, 2016 2. Senior City Attorney Jennifer Nix to review the new Ordinance No. 01-2016, Application for Satisfaction or Release of Code Enforcement Liens Procedures. 1. Case No. 16-81 - Violation of Section 105.1, Required permits; Section 110.1, General inspection(s); of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code: of Ordinances; 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. 1. Case No. 15-73 - Violation of Section 34-96, (a) (b) (d), Standards established; Section 34-98, (4) (6) Building appearance and maintenance; Section 34-122, Public nuisances prohibited; of the City Code of Ordinances; and Section 303.7 Roofs and drainage; of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (305 Surf Drive) — Gerhardt Schmitz, Property Owner. 2. Case No. 16-87 - Violation of Section 110-106, (a) (b), Required; Section 110-470, (a) (1), Fences, walls and hedges; and Section 105.1, Required permits; Section 110.1, General inspection(s); of the Florida Building Code as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances. (225 Adams Avenue) - Christian F Bendix. 3. Case No. 16-102 — Violation of Section 4.7, (a) Construction and Demolition Debris Service as adopted by Appendix A — Article VI — Solid Waste Franchise Agreement of the City of Cape Canaveral Code of Ordinances. (526 Jefferson Avenue) — Bogart Place Proper -ties, LLC, C/O Jeffery W Wells, R. A. Code Enforcement Board Agenda July 21, 2016 Page LD BUSINESS: 1. Case No. 10-115 — Application for 'Satisfaction or Release of Code Enforcement Lien, (209 Pierce Avenue, Unit D) —Deborah. Carroll, Property Owner 2. Case No. 14-05 — Application for Satisfaction or Release of Code Enforcement Lien, (7304 Poinsetta Avenue) — Midfirst Bank, Property Owner Pursuant to Section 2.86.0105, Florida Statute, 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 authorise 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.)868-1.222 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES May 19,2016 A Regular Meeting of the Code Enforcement Board was held on May 19, 2016, in the Cape Canaveral Public Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 5:57 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Ralph Lotspeich Christopher Cloney Walter P'. Godfrey, Jr James Hale Charles Hartley MEMBERS ABSENT None OTHERS PRESENT Jennifer Nix Durce Alexander Brian Palmer Cindy Gregson Karen Hutchinson Chairperson Senior City Attorney Code Enforcement Officer Code: Enforcement Officer Board Secretary Clerical Assistant Board members established the next meeting would be on June 23, 2016. Senior City Attorney Nix swore in all persons giving testimony.. 1. Approval of Meeting Minutes - April 21, 2016. Motion by Mr. Godfrey, seconded by Mr. Cloney, to approve the Meeting Minutes of April 21, 2016. Vote on the motion carried unanimously. 2. Election of Vice Chairperson in compliance with the following Section: ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS, DIVISION I. - GENERALLY, See. 2-171, (c), (i) - Uniform procedures and requirements. Motion by Mr. Hale, seconded by Mr. Cloney to nominate Ralph Lotspeich as Vice Chairperson, Vote on the motion carried unanimously. Code Enforcement Board May 19, 2016 Meeting Minutes Page 2 COMPLIANCE HEARINGS: 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 Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that the case was presented to the Code Enforcement Board on April 21, 2016, and the property owner was found in violation and given until May 19, 2016, to come into compliance. Mr. Duffett contacted Staff and stated he had given the individuals residing on his property a three-day notice to vacate the property and that he had started the eviction process with the Courts. He stated the individual residing in the recreational vehicle informed him they would be leaving by May 14, 2016, and the individual in the house would be leaving by the end of the month. Discussion ensued regarding number of occupants currently residing on the property and current residence of the property owner. Staff testified they would continue to monitor the property on a daily basis to see if occupants were indeed vacating the property. Senior City Attorney Nix interjected to remind the Board of its role to determine whether the owner is compliant or not. Based on the evidence and testimony presented, Staff respectfully requested the Responderit(s) be found in violation as set forth in the Board Order and given until June 23, 2016, to come into compliance, or a fine be immediately imposed in the amount of one hundred dollars ($1.00.00) 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. Motion by Mr. Godfrey, seconded by Mr. Hale to accept Staff s recommendation and find the Respondent not in compliance. Vote on the motion carried unanimously. 2. Case No. 16-81 - Violation of Section 105.1 Required Permit(s); Section 110.1, General Inspection(s) of the Florida Building Code as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances. Violation — Work without the required Permits and Approved Final Inspection(s). (6099 N. Atlantic Avenue) - Keenan Realtors, LLC, C/0 Vincent E. Keenan, R.A. & Costa Del Sol. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Code Enforcement Board May 19, 2016 Meeting Minutes Page 3 Officer Alexander testified that the case was presented to Code Enforcement Board on Apr®l 21, 2016, and the Respondent was found in violation and given until May 19, 2016, to come into compliance. On April 26, 2016, Staff met with Mr. Keenan and Art -Kraft to discuss compliance, Mr. Keenan indicated he would apply for the appropriate permit, Mr. Keenan testified that preliminary engineer drawings were submitted to the Building Department and requested a 60 -day extension to submit additional documentation to obtain a permit. Based on the evidence and testimony presented, Staff respectfully requests the Respondent(s) be found in non-compliance with the Order Imposing Penalty on first violation and granted until July 21, 2016, to comply, or upon a properly noticed Compliance Hearing, a fine shall be imposed in the amount of one -hundred dollars ($100.00) for the first day of non-compliance and seventy-five dollars ($75.00) for everyday thereafter until such time as compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement shall apply. Senior Attorney Nix gave further instruction to Board Members to consider the item presented only. Motion by Mr. Lotspeich, seconded by Mr, Godfrey to accept Staff's recommendation. Vote on the motion carried unanimously, 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. Officer Alexander testified that the case was in compliance. �� m 1. Case No. 16-83 - Violation of Section 1] 0-384, (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 City of Cape Canaveral Code of Ordinances. (191 Center Street) - MILS Realty, LLC, C/O Jim Morris, R.A. Officer Alexander testified that the case was in compliance. Code Enforcement Board May 19, 2016 Meeting Minutes Page 4 Meeting adjourned at 7:53 p.m. Approved on this day of , 2016. Maty Russell, Chairperson Cindy Gregson, Board Secretary Patsy Huffman, (typed minutes) Pursuant to Section 286.£7105, 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. fir 11err: �� r w„• WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article V111, of the Mate Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;, .and WHEREAS, Chapter 1.62, Florida Statutes, provides that a municipality may create administrative boards with the authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any code and ordinance in force in such municipality; and WHEREAS, the City Council has enacted Article V1, Chapter 2, of the Code of Ordinances and has created a Code Enforcement Board with the powers and procedures as provided by law; and WHEREAS, in accordance with Section 162.09(3), Florida Statutes, the City Council desires to amend) Section 2-260 of the City Code which sets forth the application procedures regarding the satisfaction, release or reduction of code enforcement liens which have been recorded in the public records of Brevard County, Florida; and WHEREAS, the City Council of the City of Gape Canaveral, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS IM City of Cape Canaveral Ordinance No, 01 -- 2016 Page t of t Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the: City Council of the City of Cape Canaveral, Section 2. Amendment of Section 2-260 of City Code. That Section 2-260 "Application for satisfaction or release of code enforcement liens" contained in Article VI "Code Enforcement" of Chapter 2 "Administration" of the Code of Ordinances of the City of Cape Canaveral, Florida, is hereby amended to read as follows (proposed additions to existing City Code text are indicated by underline and proposed deletions from existing City Code text are shown by s4ikedwaugh): Section 2-260 - Application for saflsfactionof relcaseor reduction, of code enforcement liens. La� Where a certified copy of an order imposing a. penalty or fine, as described in RS. ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property of the violator, such violator, or the violator's successors and assigns who has an ownership interest in the propM-1-collectively, the "Applicant") may apply for a satisfaction, of release,,or reduction of such lien as follows: with (1) Lien satisfaction. -UDon full payment by the Appjicant, of"thefine or penalty p- imused in accordance with this division, the cit y manager is hereby authorized to execute and record in the public records of Brevard Coun!y, Florida,,_ a sad5factioij of lien on behalf of the Citv. The Armlicant shall be responsible for pa3dng all costs of recording'Lien satisfaction, requests do not rNRire a full application required by subsection (b) of this section because the ADnlicant is navine The full amount of the fine or penalty due the City. (2) Lien release or, reduction. Upon request for a release or reduction of a fine or oenaltv imnosed in accordance with this division, the Applicant shall submit a written application to the city manager or designee, in accordance with this section. (b) Apj2lication, The application for sa4sfaetie* or release or reduction of lien shall be in written forrn, typed or handwritten, by the v4@44er-, Applicant and shall be submitted to the bui-1-4--i-I ---- ial, or the designee of thebuildin-5— --ir"effial, *e The application shall be executed under oath and sworn to in the presence of a nota[Y public, and shall include, but may not be limited to, the following: City of Cape Canaveral Ordinance No. 01 - 2016 Page 2 oft (1) A copy of the order imposing a lien upon the property including the The code enforcement case number; (2) The date upon which the Applicant *io4tof-brought the subject property into compliance With the City Code; (3) The basis upon which the Applicant vie4atef believes the application for svAisAetion of release or reduction of lien should be granted; (4) The terms upon which, the satis retion. OF release or reduction of lien should be granted; (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; (6) The reduction in penalty or fine sought by the Applicantv4oh"f; a444 (7) A statement verifying whether the Applicant was issued any title policy or policies for the subject pr9peLly, encumbered by the lien after the date the lien was recorded in the public records of Brevard County, Florida. If such a policy or policies were issued to the Applicant, a co U of any such title policy shall be submitted with the application, A o,tL —Y tHeFl— the violator deems peftifiefit to the request, ineluding but net limi —A.—*— fialty t- -Meouted under- eath and sv'-,� (8) notary-publie.—Any other information which the Applicant deems pertinent to the reouest, includin2 but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine. Reinibursement to city or recording costs at time of application. The Applicant Yio4atof- shall submit, at the time of application, an application fee established by the citytg defray some or all of the city's costs of processing the application including, but not limited to,, pgsonnel le a1 .,gnd- fef its costs associated with recording the order imposing a penalty or fine and the requested release or reduction of lien. These costs are nonrefundable, without regard for the final disposition of the application for salsft�` aj�aoa 1�r M- 4eff. (d) Apph'catiqn.Revie"t,. Upon receipt ofthe application toof 5--l. ease e. 1— and payment provided above, t�he Building Orle-fle'41 of A-Sgljee of the Wilding effieial shall eofffifai--thfotth the code enforcement division depaftmeHtl shall confirm that the violation., which resulted in the order imposing penalty or fine,, has been corrected igt� : . If the violation has been corrected sa4isfied and there are is no current code violation(sl upon the property in question, the code enforcement division -boi4dmi*g-oftk4a4 shall place the application and a staff recommendation upon the agenda of the next meeting of the code enforcement board for the City of Cape Canaveral for a hearing, ,(e) At the hearing before the code enforcement board, the board shall review and consider the application for reduction or release of lien, provide the violator with an opportunity to address the board regarding the application for sari sfaetion reduction or City of Cape Canaveral Ord inance No. 0 1 -20116 Page 3 of 3, release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of theapplication and any testimony presented, the code enforcement board shall by motion or writi a119 dir-eet a reeemmendation te the eity eatineil fe appreval approve, appfaval approve with conditions, or denial --e€ adeno the application for reduction or release of lien. The 60de 0140FOOFRORt Whenever a recommendation or decision is made under this section, shall eensidef the following factors shall be,Wlied by the City in deten-nining the amount of any reduction or release: (1) The amount of an administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violgfi2p� (2) The aravitv and number of the violation sj- (3) The amount of the requested reduction: (4) The time in which it took to bring the propertv into comRliqnce� (5) Whether the Applicant was responsible for the violation which caused the lien; (6Whether the Applicant is or will be a bona fide purchaser of the subject nrovertv and is filing or has filed for a homestead exemption evidencing a desire to reside within the Cit y on a non -transient basisor whether the proe m is or will be ?Lcquired-for investment or other purposes, (7) Whether the Applicant acquired the subject property with knowledge of the subiect lien or should have knowledge of the lien through reasonable due diligence; City of Cape Canaveral Ordinance No, 01 - 2016 Page 4 of 4 X-C M. (1) The amount of an administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violgfi2p� (2) The aravitv and number of the violation sj- (3) The amount of the requested reduction: (4) The time in which it took to bring the propertv into comRliqnce� (5) Whether the Applicant was responsible for the violation which caused the lien; (6Whether the Applicant is or will be a bona fide purchaser of the subject nrovertv and is filing or has filed for a homestead exemption evidencing a desire to reside within the Cit y on a non -transient basisor whether the proe m is or will be ?Lcquired-for investment or other purposes, (7) Whether the Applicant acquired the subject property with knowledge of the subiect lien or should have knowledge of the lien through reasonable due diligence; City of Cape Canaveral Ordinance No, 01 - 2016 Page 4 of 4 (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (9) With respect to a sneculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the -orot)ertv and the reduction or satisfaction, (1 0) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under qppeal at the time of determination- (] 1) Any Drevious or subsequent violations of the Applicant Dertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determinatiow, (12) Any relevant information contained in any title policy required to be submitted to the city under this section; (13) Any fiDancial hardLhjZ (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penally or fine; and (15) Any other administrative review criteria relevant to whether it is,equitable to reduce or release a lien which are adopted by the city manager, in AdjjflggRd are intended to be applied to all applications on a uniform basis. To the maximum extent feasible, the code enforcement board shall collect, at a minimum, all administrative and out-of-vocket costs incurred by the City as specified in subsection (e)(1). If the code enforcement board approves the application to reduce or release the lien and the approval is conditioned upon the Applicant paying a reduced penalty, fine, or any other condition' the satisfaction or release of lien shall not be orepared or recorded in Lhe_gublic records of Brevard County, Florida by the city manager until the condition (s) iwosed bv the code enforcement board have been satisfied. Compliance and Tit of Appeal 'The Applicant shall have thirty QQ) days in which to cornv with the conditions imposed by the code enforcement board or submit a written appeal as provided herein. Failure of the Applicant to comply or timely appeal will result in the automatic denial of the application. fD If the application is denied, or if the application is automatically denied due to the failure of the Applicant to comply with the conditions JMDosed by the code enforcement board or timely gppeal, the Applicant shall thereafter be barred from anDIvinp- for a subsequent reduction or release of lien for a period of one vear from the date of denial. During the one-year period, the lien may only be City of Cape Canaveral Ordinance No, 01 - 2016 Page 5 of 5 satisfied and released upon full VaMent of the fine or penalty imposed in accordance with this division. Q The Applicant may appeal the code enforcement board's decision to the city council, by filing a written appeal within ten (10) days of the date of the, decision with the city clerk. The notice of appeal shall state the decision that is being-Mealed, the grounds for appeqI,.qnd._a brief summary of the relief being sought, A nonrefundable filing fee of $1.00 shall accoml2any the notice of appeal. Upon submittal of a timely appeal. the city manager shall place thLypeal of the determination upon the agenda of the next regularly scheduled city council meeting to the extent practicable. The city council shall render a final decision on the application based upon the sworn application, the code enforcement board determination and an other relevant information or testimony provided to the city council at the meeting by the Applicant, city manager or any other interested party. Any decision made by the city council pursuant to this section shall be deemed final and not subject to any further administrative review by the city. The Applicant shall have thirty (30) days in which to comply with an decision of or condition imposed by the city council or the qpplication shall be deemed automaticallv denied and thereafter, the Applicant shall be barred from LAppl "in for a subsequent reduction or release of lien fora period of one year from the date of the city council's decision. During the one-year period, the lien may only be satisfied and released u]2on full payment of the fine or penalty imposed in accordance with this division. Q When a lien is satisfied as a result of. reduced _pament or release as ordered by the city council, the city manager is hereby authorized to execute and record in the public records of Brevard County, Florida, a satisfaction of lien on behalf of the city, (h) Partial Release of Liens: Liens Recorded in E17 -or. Under appropriate circumstances determined by the code enforcement board or city council] to be in the best interests of the city, the code enforcement board or 61y council may approve an application conditioned upon a partial release of lien that releases a city fien from a specific piece of property. However, the lien will remain in effect and will encumber any othe:r properties which are subiect to the lien pursuant to law, Partial releases of lien may also be authorized by the code enforcement board or city council to account for any funds naid to the ch to reduce the amount owned on the lien. In addition, nothing herein shall prohibit the city mgqa-ger from releasing a lien, in whole or art that was recorded in error bthe city. An application shall not be required to release a lien recorded in error. City of Cape Canaveral Ordinance No. 01 - 2016 Page 6 of 6 Section 3. Reveal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incor oratisan into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severabilfty. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 01 - 2016 Page 7 of 7 . .......... MORM110 . ......... ...... . .. . ............. Mil Section 3. Reveal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incor oratisan into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severabilfty. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 01 - 2016 Page 7 of 7 ADOPTED by the City Council of Ite, AWP ATTES'V" t Approv o legal form and sufficiency Canaveral " 7 for th i e Canaveral onI y by: Anthony A. Garganese, City Attorney of the City of Cape Canaveral, Florida, this 1-72!.�ay o, nl 7sljj�7 For Against M�ike Brown x Robert Hoog x — Brendan McMillin Motion Betty Walsh Second City of Cape Canaveral Ordinance No. 01-2016 Page 8 of 8 City of Cape Canaveral Community Development Department 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 CIO Timothy Pickles, R. A. CASE No. 2016-81 Date: 6/29/16 Location of the Violation: 6099 N Atlantic Avenue, Cape Canaveral, FL Parcel ID: 24 -37 -26 -CH -00000.0-0021-02, &.24 -37 -26 -CH -00000.0 -0017 -XD A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 Order Imposing Penalty on First Violation (Amended as to Additional Time) 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.citvofea-oecanaveral.org e-mail: infoacityofca-pecanaveral.org Notice of Hearing July 21, 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 29th day of June, 2016 Duree Alexander, Code Enforcement Officer C: Charles Pindziak 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.cltvofcEecanaveral.org e-mail: infp@citvofcaT)ecqnaveraJ.M eirry or GMK CA_VBiW,ti City of Cape Canaveral Community �Devielopment Department THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Case # 2016-81 Respondent, Keenan Realtors, LLC, CIO Vincent E Keenan, R.A. & Costa Del Sol Condominium Association, Inc. CIO 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 (Exhibit A) Legal: BANANA RIVER ESTATES E20OFT OF LOT 21 AS DES IN ORB 1743 PG 749,PI3 0010,PG 0001 Parcel ID: 24 -37 -26 -CH -00000.0-0021.02 Parcel ID: 24-37-26-CH-00000.0-0017.XD 7,#p7 (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on 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; Mailing Address: P.O. Box 326 — Physical Address: I 10 Polk,Avenuc Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citygfeapecanaveral org e-mail: infibigicit ofcqpecanqvpjAl org 2016-81 Page 2 2. Case No. 2016-81— That a Violation of Section 82-31, Florida Building Code (FBC) Case No. 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. CIO 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. 6. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on May 19, 2016. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBI ORDER -ED: 1. Respondent be given until July 21, 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 confin-nation, the Code Enforcement Officer shall promptly file a Notice of Compliance-, 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.citvofeapecanaveral.or e-mail: mfoogcit ofc�aecana 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5, The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI, DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of May 2016.. ,CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA AIn vim ---- Mary Risell 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., 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 v7Nvw.cityofcay)ecanaveral.or,(,, e-mail: info@ cityofca �eqqrjaveral.org 0 nwh ., 1A jF I!' I N V LJ 9 w � Am OMM4 MN V- - °'UV HIN N I 0-1 a le -14 ,ity of uape Canaverag Community Development Department I I fih ILA I I Ur UJA_rrl UPUN,'l V F-IkJ-U- A Florida Municipal Corporation, Complainant, V. Respondent(s): SCHMITZ, GERHARDT CASE No. 2015-73 DATE: 7/7/2016 Location of the Violation: 305 SURF DR, CAPE CANAVERAL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 Respondents) as set forth in the Revised Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 1.62.07, Florida Statutes, and Chapter 2, Article V1, of the City of Cape, Canaveral Code of Ordinan,ces. 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 7th day of July, 2016 Brian Palmer, Code Enforcement Officer Mailing Address.- P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FI., 32920-0326 LN C,r y of Cape Canaveral Community Development Department ANAVERAL oration, Respondent(s): SCHMITZ, GERHARDT CASE NO. 2015-,73 Date: 5/11/2016 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 thirty (30) 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 ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s)- 305 SURF DR, CAPE CANAVERAL 3291 2. Name and address of owner(s) of property where violation(s) exist: SCHMITZ, GERHARDT P 0 BOX 622 CAPE CANAVERAL, FL 32920 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telenhone (321) 868-1222 — Fax (321) 868-1247 Page 2 2015-73 Our office received a complaint regarding the condition of your property. A site visit on Oct 28, 2015 revealed the fence in the back was dilapidated and falling over. The screen enclosure around the pool is missing the screens and is only a frame. City of Cape Canaveral Ordinance and Florida Statues require all pools to have a proper pool barrier. Staff also observed the roof appeared to have damage which was being covered by sheet metal held down with weights, On May 3, 2016 staff received another complaint regarding the condition of the exterior portion of your property. The owners of the property located directly south of you granted staff access to their second floor deck area where the extent of your roof damage was visible. Staff discussed the extent of the damage with the Building Official who determined a permit would need to be acquired prior to repairing/replacing the damaged roof. Staff also observed the rear yard was in need of mowing and trimming. The Building Official observed the front porch ceiling was deteriorated and creating a safety hazard. The swimming pool is currently popped out of the ground, and the surrounding pool decking is cracked and damaged to the point of not being capable of performing the function for which it was designed or intended. The fence has been repaired and is being stricken from the Notice of Violation. 3. Description of Violation(s) at property: 1115311 1 11,1111111171 1 �Rlw P i I I if I � - I I It'. (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings, nonetheless both require maintenance in order to retain a good appearance. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Teles bone (3211 868-1222 — Fax (321) 868-1247 Page 3 2015-73 Section 34-98. (4), (6) Building appearance and maintenance. (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. Section 34-122.,- Public nuisances prohibited. (a) All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height. Section 82-221. - International Property Maintenance Code (I.P.M.C.) adapted. 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. J.P.M.C. SECTION 303 EXTERIOR STRUCTURE =T, The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 4. Recommendation(s) to correct the violation(s) described above: welien seetiefis-of fenee pfffloffs''Of fell a-one-gee4ea of the4eaee-&+ept*e-e&- 0 Repair/replace roof., Obtain a permit and final inspection for the repair/replacement of the damaged roof (this includes any and all portions of the roof which is need of rep air/replacement). 0 Mow and trim all overgrown areas of the property (such that grass, weeds and vegetation shall not exceed six inches in height) Mailing Address: P.G. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telenhone (321) 868-1222 — Fax (321) 868-1247 Page 4 2015-73 Ensure the swimming pool, and surrounding pool decking, are kept free of all nuisances and are maintained in good repair and are capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. The swimming pool .and pool decking niustbe repaired, rebuilt and/or, replaced in order to perform the functions for which they were designed to be used. Owner is advised to secure any necessary permits. Failure to comply within thirty (30) 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 T�Iprdinnp (1? 1) R(NA'))? -.,'Fqy MI) MR -i '247 Ciety of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, p"Complainant, 1IPA Respondent(s): Christian F Bendix CASE No. 2016-87 DATE: 6/28/16 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 July 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 Revised 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 hewing, 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 28th day of June, 2016 Duree Alexander, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Palk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 865-1222 — Fax (321) 568-1247 mLwv.citL fcanecanaveral.or e-mail: info ;cityofeapecanayeral.org 4" 0 91% J" aoIty 01 L"ape Canaveral Community Development A Florida Municipal Corporation, F" Complainant, ky 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 CASE NO. 2016-87 Date: 5/31/16 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 violations) described below is/are to be voluntarily performed within ten (10) 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 violations) 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: info@cityofcV�canAyq� 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 a permit was not obtained for the erection of the new fence. Staff conducted a site visit to the property to verify the complaint and observed a new fence located at 225 Adams Avenue. An application for a permit was submitted to Staff, but denied due to the current location and height of the fence, which this notice has been revised to reflect. 3. Description of Violation(s) at property: Section 110-106, (a) (b), Reguired. (a) No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the building official in accordance with law. (b) The issuance of a permit upon plans and specifications shall not prevent the building official from thereafter requiring the correction of errors in such plans and specifications and requiring the correction of building operations being carried on thereunder to conform to corrected plans and specifications, when in violation of this Code. Section 110-470. (a) (1), Fences, walls and hedges. Fences and walls permitted in any yard, except as specified in Section 110-46,9, provided the following restrictions shall apply: (1) In any residential district, no fence or wall in any side or rear yard shall be over six feet in height, or over four feet in height if within 25 feet of any public right-of-way, unless otherwise it' spec ied in this section. Section 82-31. Florida Building Code (FBQ adopted. The Florida Building Code 2.010 edition, as maybe 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 Section 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: Comply with location and height requirements as stated above. Apply for and obtain a permit to erect the new fence. Obtain the approved final inspection to be in compliance. 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.cityofcapecanavcral.org e-mail, info � ci tvo feap ecari averal. oil Notice ofViolation 201.6-'87 Page 3 Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of 'Violation. If you have any questions regarding this Notice of 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.C. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1.247 www.cityof�capecanaveral.ora e-mail i:nfo(a�cit yofca eca averal.org City of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, r. Complainant, V. Respondent(s): Bogart Place Properties, LLC C/O Jeffrey W Wells, R.A. CASE No. 2016-102 DATE: 6/28./16 Location of the Violation: 526 Jefferson Avenue, Cape Canaveral, FL 32920, Parcel ID # 24.37-23-08-00000.0-0006.00 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 became 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. TED this 28th day of June, 2016 Duree Alexander, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Palk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 �Ywvwc tvf a ecan vera /_ rg e-mail: i foo, tvofcapec.anaveral_,o_ g City of Cape Canaveral Community Development THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, F Complainant, LIN Ownersof the property located at, 526 Jefferson Avenue, Cape Canaveral, FL 32920 PID# 24-37-23-08-00000.0-0006.00 Respondent(s): Bogart Place Properties, LLC CIO Jeffery W Wells, R.A. CASE NO. 2016-102 Date: 5-16-16 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 violatiori(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 ten (10) 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): 526 Jefferson Avenue, Cape Canaveral, FL 32920, PID# 24-37-23-08-00000.0-0006.00 2. Name and address of owner(s) of property where violation(s) exist: Bogart Place Properties, LLC, C/O Jeffrey W Wells, R. A. 211 Caroline Street Office 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. -cit a ecanaveral.or- e-mail: info.,�,@ - -------- �Y. -P - -601ofearecan averal'orp, Notice of Violation Case No. 2016-102 Page 2 Staff previously requested that you remove the Express roll -off container from the property located at 526 Jefferson Avenue and requested that you obtain a Waste Pro dumpster in compliance with the City Franchise Agreement with Waste Pro. This Franchise Agreement grants exclusive rights to Waste Pro to provide collection and disposal services for construction and demolition debris utilizing roll -off containers. 3. Description of Violation(s) at property: Appendix A - Article VI -Solid Waste Franchise Agreement Section 4.7, ja), Construction and Demolition Debris Service. Contractor (Franchise, Waste Pro) shall provide collection and disposal service of construction and demolition debris to residential, multiple dwelling units, and commercial customers as follows: A. Exclusive Right, Contractor shall have the exclusive right to provide collection and disposal services for construction and demolition debris -utilizing roll -off containers, as that term is defined in paragraph 2.39 of this Agreement, or other appropriate containers. 4. Recommendation(s) to correct the violation(s) described above: Remove the unauthorized roll -off container from the property located at 526 Jefferson Avenue. Obtain a Waste Pro roll -off dumpster in accordance with the City's Franchise Agreement if construction and demolition debris is collected, and removed from the property. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of 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. " AeX46__ puree Alexander Code Enforcement Officer Encs. (1) 2.39 Roll -off Container - Definition Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 —lax (321) 868-1247 e-mail: in,foflncit�/ofeane(-,a,-naveral.()r., City of Cape Canaveral CITt OF CAPE CANAVERAL CODE ENIFORCEMENTBOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Mac Homes, Inc. Owner of the Property located at: 209 Pierce Ave., Unit D Cape Canaveral, FL 32920 Case #10-00115 CFN 2011096869, OR BK 6392 PAGE 2258, Recorded 05/31/2011 at 07:07 PM, Mitch NeedeIman, Clerk of Courts, Brevard County # Pg&3 LEGAL: UNIT 209D PIERCE CONDO AS DESC IN ORB 5624 PG 1776 AND ALL AMENDMENTS THERETO Respondent, [*h11*11-1r4hTJtr*1A THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2011 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. . 1119 , j 01 1 0 I'll, "I',"", iijjj OG 0 ai � � °l 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; Z That a violation of Section 504.1, General; Section 505.1, General; Section 505.3, Supply.; Section 604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct sago violation; 7510 N. Atlantic Avenue I Post Office Box 326 0 Cape Canaveral, FL 32920-032 Telephone: (321) 868-1222 - Fax: (321) 868-1247 .0 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com Case #10-00115 3, That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 504.1, General, Section 505.1, General'; Section 505.3, Supply; Section 604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City Code; 5, That said violations exist or existed within the City of Cape Canaveral and that such, constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED it THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of two, hundred and fifty dollars ($250.00) for May 20, 2011 and one hundred dollars ($100.001) per day thereafter, including all cost authorized by law related to the violation, until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice, of Compliance; 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall' serve as a lien against the Property and any other real or personal property owned by the Respondent, 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s,) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on, the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, iin accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article V1. DONE AND ORDERED at Cape Canaveral,, Florida, this 19th day of May, 2011. mom - Mary Russe 1, Chairperson Case x`10-00115 Copies furnished to: Mac Homes, Inc., Property Owner City of Cape Canaveral, Case File l hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authori'lzed representative on this 2 day of lq,2q' ,2011. Joy6mbardi, Board Secretary Duree Alexander, Code Enforcement Officer Run: 7/08/16 City of Cape Canaveral, Florida 3:24PM Building Permits by Permit Nuiimber Included in this report: Permit 10549 thru 10549 Page: 1 Permits Issued From 7/01/2012 To 7/08/2016 Inspection Type: AA thru WS Permit: 10549 --fipe:- PLUMBING Work: 434-"Add/Alt/Roof Residenti Cost: 350.-00 Description: RUN WATER LINE FROM HOUSE TO METER Fees: 49.00 Location: 209 PIERCE AV UNIT D Subdiv: PIERCE CONDO Parcel: 24 3723CG 62 404 Owner: CARROLL, DEBORAH Street: 2090 PIERCE AVE City: CAPE CANAVERAL, FL 3292( Applied: 1/27/2014 By. TOM WALKER Issued: 2/05/2014 By: TM Expires: 9/03/2014 Completed: 3/07/2014 Notes: Contractor: TOM TOM WALKER PLUMBING 102 COLUMBIA DR #101 Inspections: Type__ Inspected. By . ... .. Status Scheduled Final Plumbing 3/07114 Todd Morley Accepted Comments: Unit D 403-6520 or 799-0508 Number of permits printed: 1 Total Cost: 350.00 Total Fees: 49.00 Where a certified copy of an Order imposing a penalty or fine, as described in F.S. Ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property, once the property has been found in compliance a request for the satisfaction or release of the lien may be submitted in writing on the application form provided by the City of Cape Canaveral. The following procedures apply to any person applying for a satisfaction or release of the Code Enforcement Board lien, 1. The application must be submitted at least ten (10) days prior to the next available Code Enforcement Board Meeting, on the application provided by the City. 2. A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff-, This fee is non-refitind- without regard for the final determination of the request, 3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the current property owner a notarized statement allowing the individual(s) to represent the property must be submitted with the application, 4. Once the completed application has been reviewed and approved the request will be scheduled for the first available Code Enforcement Board, Hearing and a Code Enforcement Officer will notify you of the location, date,and time of the scheduled Hearing. 5-tstrongly aff ston recom, _ rqpr(Lsentative is prLs ntat th� Elease initial here: J �GC_ 5. The request will be presented to the Code Enforcement Board and the Board will provide the applicant with an opportunity to address the Board regarding the Request, The Board shall, by motion, make a recommendation to the City Council for approval, approval with conditions, or denial of the application, 6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the next available City Council meeting date, which is, usually the following month. 7, The Code Enforcement Board Secretary will contact the applicant with the location, date and time of the next available City Council Meeting. This information is also available on the City of Cape Canaveral's on line calendar at www cityofca �ccanaveral' or...g - It strop gly-recommended that you —b—Lpresort at this Lhe gst for the satisfaction or release of the lien. 8. The City Council may approve, approve with conditions, or deny the application to satisfy or release the lien, 9. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of the lien, 10. If the application is denied for any reason the violator/application shall not be allowed to apply for a subsequent satisfaction or release of the lien for a period of one (1) year. During that period the lien may only be satisfied and released upon full payment of the fine or penalty imposed. Signature of Applicant: Date-, - —I �J_ 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Tele p,hone (321) 868-1222 — Fax (3211 868,1247 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN 00115 CODE ENFORCEMENT CASE #: —LO-7—AMPf— APPLICATION FEE: S APPLICANT.- De_66Y-ak CoLyroll DATE: 5 ADDRESS: qo2-s Avo.10y) PqYi� E, i �t CITY: Oflohdo NATURE OF VIOLATION(S): STATE: _E) or �Pja ZIP: 3242-8 ADDRESS OF SUBJECT PROPERTY: -2.0 9 _D 'j-' � =1 I DATE FINEILIEN IMPOSED: 5 12 0 � 2-0 1 _1 AMOUNT: —/DAY OR TOTAL COMPLIANCE DATE JCLnd.�Y RELIEF REQUESTED- SATISFACTION REDUCTIO Circle one) IF REDUCTION, THE APPLICANT R"ROPOSES S-1, () 0'0 , 00 AS THE- AMOUNT OF THE REDUCED FINE THE FACTUAL BASIS UPON WMCH THE VIOLATOR BELIEVES 71US APPLICATION SHOULD BE GRANTED: (If morc space is needed add additional pages) o Y) al o � (If more space is needed add additional pages) eylo las � eeyl �yo THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THECIRDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) 1111, ow +6 1 �!, l�"' 11 Y- 1 /11 , L : oyou rk ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT To THE REQUEST, INCLUDING BUT NOT LIMITED TO, TIIE CIRCUMSTANCES THAT EXIST WMCH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) 1�) � �5 A:5souqAioo �cks woy�,8 ) Qnd w1*11 con-"Vlup_ AD d050. We C Applicant's Signature .ycl in wy re wom Ab �e Date: STATE OF IL COUNTY OF BEFORE NE the undersigned authority di d personallyapear �whopTovided'as identification, and who affirmed theinfor�ation contained this on is true and correct, DU RM S. REWDER DIY COMMISSONOFF0877 EXPIRES: September 30,2019 Notary Public ZWr,,Vo Boded Thru Wxy Pubic UrwlenRriters FOR STAFF USE ONLY APPLICATION FEF; S 00 RECEIVED BY CITY ON CONIPLIANCE CONFM4ED BY BUILDING OFFICIAL ON . 1-1 1 1q, �M CODE ENFORCEMENT RECOMMENDATION ATTACHED� -YES N ACTIOOF CITY COUNCIL.'-- APPROVE- D ENY; _ APPROVE WITH FOLLOWING CONDITIONS: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE IVMT WITHIN 30 DAYS OF COUNCIL ACTION, TO WM ON OR BEFORE A&Uupt fy. 00 9.00 , xi kcrarrt $M. The Factual Basis Upon Which the Violator Believes This Application Should Be Granted: The previous owners of 209D Pierce Avenue were Paul and Laura McD,ill, I first contacted Mrs. McDill in November 2013 to discuss the reorganization of the association, Mrs. McDiiI explained to me that her husband had been diagnosed! with brain cancer and it was considered terminal. She stated that she would love to get rid of the property before he died. She said it was just another worry for her every day. I, then, started working on a short sale that would help her and myself. Right before closing on the short sale, I found out how much Mrs. McDHI owed on the City of Cape Canaveral fine. I called her up to ask what happened, and this is the story she told me. She said they purchased the unit back in 2007. Things went fairly well because the developer rented the unit for the McDills; but as the real estate market values clecreased, the developer had trouble selling units and ended up walking away from the property. She, and several other owners there, sued the developer and won judgment but could never collect. In the meantime, her husband was diagnosed with cancer. She said she had not been to the unit since 2010 and didn't know people were living there. She also didn't know the condition of the property. She was focused on, trying to get medical treatment for her husband. I agreed to go ahead and purchase the unit without even knowing the condition inside, When I first opened the door, l was shocked. There were no cabinets, no appliances, and no air conditioner. Everything was gone. The whole unit had been stripped by someone; and it was a total mess. I immediately called Tom Walker Plumbing to pull the water permit and get us hooked up to the City water system,, I also worked' with the City of Cocoa to pay the water meter cost. Since that time, I have worked' hard to help clean up my unit as well as Pierce Condominiums, We have reorganized the Association and have 15 out of 16 owners paying their dues. We have insurance for the first time in years and have a board of directors that are very active in the management of the condominiums. We have spent a lot of money and time on improvements to make Pierce a property that the City of Cape Canaveral can be proud of. I hope we are on our way to reaching that goal. I would have tried to satisfy this lien sooner, but I was told by Angel Clemente not to worry about it. He was going to approach the City of Cape Canaveral about all of the liens to see if he could get them satisfied. Also, i didn't have the extra money to offer if the City decides to reduce the fine. a.bi b This is just a brief explanation of the history of Unit 2-15A Pierce Condominiums. The development has a fresh start now, and I am asking that the City of Cape Canaveral understand and help me get past this last hurtle. Staff Costs For Enforcement of Violations for 209 Pierce Avenue, Unit D Date Discription Time Amount 6/4/10 Site visit to pro_ y; photos; fuel ($2.15) 1.0 Hr $36.00 6/10/10 1 Follow up site visit; door tag; photos; contact City 1.5 Hr $52.93 of Cocoa regarding unit not having water; fuel ($2.15) 6/24/10 Started researching property & condominum 1.0 Hr $33.85 ownership- Contacted City of Cocoa for water 'information. 6/28/10 Follow up site visit; property beginning to be 1.0 Hr $36.00 overgrown some trash and debris through out common. areas; fuel ($2.15) 7/1/10 Met w/Fire Inspector regarding property 50 Hr $16.93 9/20/10 Site visit; photos condition of property poor; in 1.0 Hr $36.00, need of mowing; no response from door tagging; fuel ($2.15) 10/1/10 Pulled ownership and Mae Homes Corporation 1.0 Hr $33.85 Information - prepared Notice of Violation 1015110 Mailed certified mail return reciept requested 1.0 Hr $41.44 ($5.44); Fuel ($2.15). 10/14/10 Received call from Jm Glennon stating he spoke .50 Hr $16.93 with Mr. McCollum not the Registered Agent for this property. 10/22/10 Discussed issue of condominum association and 50 Hr $91.93 lack of water with City Attorney a $150.00 hr 3/21/11 Revised Notice of Violation and mailed certified 1.0 Hr $41.44 return reciept requested; mailing ($5.44); Fuel ($2.15) 4/4/11 Site visit to the property, photos; fuel ($2,15) 1.0 Hr $36.00 4/12/11 Prepared Notice for posting property and City 1.0 Hr $36.010 Hall)- photos; Fuel ($2.15) 5/2/11 Prepared Order to Appear for mailing certified 1.0 Hr $41.44 return reciept requested; mailing (5.44); Fuel ($2.15) 5/5/11 Prepared documents for posting; posted property 1.0 Hr $36.00 and City Hall; ($2.15) ... .................. 5/19/11 Code Enforcement Board Hearing; Time for 1.0 Hr $261.25 Officer Alexander @ $33.85; Building Official @ $49.70; Board Secretary @ $28.40; City Attorney @ $150.00 (I hour for all) 5/20/11 Prepared Board Order for mailing; Secretary @ 1.0 Hr $35.99 $28.40,- mailings ($5.44); Fuel ($2.15) 5/31/11 Cost to file Board Order with Brevard County 1.0 Hr $60.85 Clerk of Court ($10.50 first page and $8.50 every page thereafter) 6/1/11 Compliance inspection; fuel ($2.15) 1.0 Hr $33.85 1/7/13 Request for lien payoff - emailed .50 Hr $16.93 1/8/13 Records search revealed no permit for connection 1.0 Hr $33.85 to new meter installed by City of Cocoa; contacted City of Cocoa no active account. 7/10/13 Contacted City of Cocoa to check on status; no .50 lir $16.93 active account; checked ownership still MAC Homes Inc. 10/17/13 Contacted City of Cocoa to check on status; no .50 Hr $16.93 active account; 3/7/14 Property in compliance by obtaining approved 1.0 fir $51.85 inspection of water line from new water ureter to unit. Inspection by Building Official @ 49.70; Fuel ($2.15) 7/11/2016 Staff`time for preparing case; spreadsheet, 3.0 Hr $101.55 7/18/2016 Prepare Power Point for bearing 1.0 Hr $33.85 7/21/2016 Code Enforcement Board. Hearing; Time for 1.0 Hr $286.95 Officer Alexander @ $33.85; Building Official C ,$49.70; Board Secretary @ $28.40; City Attorney ,$175.00 (1 hour for all,) 7/16/201.6 Preparation of release of lien and recording; 1..00 $43.85 $10.00 Total Staff Costs $1,581.37 Total Lien Amount .. 209 Pierce Avenue Unit D CFN 2011.096869, OR BK 6392, PAGE 2258 Brevard County Clerk DATE DAYS LIEN AMT. TOTAL 5/20/11 1 $250.00 $250.00 5/21/11 10 $100.00 $1,000.00 6/1/11 30 $100.00 $3,000.00 7/1/11 31 $100.00 $3,100.00 8/1/11 31 $100.00 $3,100.00 9/1/11 30 $100.00 $3,000.00 10/1/11 31 $100.00 $3,100.00 11/1/11 30 $100.00 $3,000.00 12/1/11 31 $100.00 $3,100.00 1/1/12 31 $100.00 $3,100.00 2/1/12 29 $100.00 $2,900.00 3/1/12 31 $100.00 $3,1.00.00 4/1/12 30 $100.00 $3,000.00 5/1/1.2 31 $100.00 $3,100.00 6/1/12 30 $100.00 $3,000.00 7/1/12 31 $1.00.00 $3,100.00 8/1/12 31 $'100.00 $3,100.00 9/1/12 30 $100.00 $3,000.00 10/1/12 31 $100.00 $3,100.00 11/1/12 30 $100.00 $3,000.00 12/1/12 31 $100.00 $3,100.00 1/1/13 31 $100.00 $3,100.00 2/1/13 28 $100.00 $2,800.00 3/1/13 31 $100.00 $3,100.00 4/1/1.3 30 $100.00 $3,000.00 5/1/13 31 $100,00 $3,100.00 6/1/13 30 $100.00 $3,000,00 7/1/13 31 $1.00.00 $3,100.00 8/1/13 31 $100.00 $3,100.00 9/1/13 30 $100.00 $3,000.00 10/1/13 31 $100.00 $3, 100,00 11/1/13 30 $100.00 $3,000.00 12/1/13 31 $100.00 $3,100.00 1/1/2014 31 $100.00 $3,100.00 2/1/2014 28 $100.00 $3,800.00 3/6/2014 6 $100.00 $600.00 $1.03,250.00 BCPAO - Property Details Page I of 2 '0 3- ... . .. .. . . General Parcel Information .... . ...... _ ------------ Parcel ID: 24 -37 -23 -CG- BNlillage Code: 26G0 Exemption:111 use Cade: 414 00062�0-0004.041 Site address: 209 PIERCE AVE UNIT D, CAPE CANAVERAL 32920 2459609 Site Address Is assigned by brevara uounty Address Assignment for E-911 purposes and may not reflect the postal community name. Owner Information Abbreviated Description Owner Name: CARROLL, DEBORAH F( NIT 209D Second Name: PIERCE P�at Condo Name,: CONDO AS Mailing Address: 4025 AVALON PARK EAST Book/Page: PIERCE DES,C IN ORB IBLVD 0003/0007 CONDOMINIUM 15624 RG 1776 1 City, State, ,Zipcode:IORLANDO, FL 32828-7':7:0:2j - AND ALL AMENDMENTS THERETO Valtip c;utmmary I :anrl Tnf^rm=Ng%n Roll Year: 2013 2014 2015 Acre 004 Market Value Total: 1 $33,080 $33,080 e4-- 0 Agricultural Market $0 $0 $0 Value: Assessed Value Non- Schooll- $33,080 $33,080 $33,080 Assessed Vallue School: $33,080 331080 $331080 Homestead IExemption:2 $0 $0 $0 Additional Homestead:2 $0 $0 $0 Other Exemptions,2 $01 $o 0 Taxable Value Non- 3 $33,0810 $33,1080 $33,080 School. 1$3,3,080 1$33,080 Taxable Value School:3 $33,080 1: Market value is established for ad valorem purposes in accordance with s.193,011(l) and (8), Florida Statutes, This value does not represent anticipated selling price for the property. 2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurred. 3: The Additional Homestead exemption does not apply when calculating taxable value for school districts pursuant to Amendment 1. ;TIVIRWITEWIFITT" M1411", Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potential marketability of the property. Condo Unit Detail ra—ration Year Built 1962 Condo square -footage may include non -living areas such as garages, balconies, porches, etc. Condo Comnton Area Detail hipmIn '7/11 /'7161A BCPAO - Property Details Page 2 of 2 Condo # !do Name Condo Location F 5i-=1 _��5 PIERCE CONDOMINIUM 209 PIERCE AVE, CAPE CANAVERAL, FL 32920 # Year Built Comments 1 1 1962 1 Building # of Stories ExteriorWalls Roof Type Roof 6Waterial Heating -A/C (majority) Concrete Block Stucco Gable, Hi Shin le Central Common Elements Sprinkler, Fence Parking Exterior Storage _.N VA N/A Data Last Updated., Thursday, November 19, 2015- Printed On: Monday, July 11, 2016. httnq//IP(YnP-,7 hrnio nqrppl 1/")()1(1 Uity of Cape Canavera.1 Community & Economic Development I r1t= U I Y UM- UAl"t GAINAVERAL, A Florida municipal corporation, Complainant, M Midfirst Bank Owner of the Property located at: 7304 Poinsetta Avenue, Cape Canaveral, FL 32920 Al' Case # 2014-00005 FN 20150o OR BK 7281 PAGE 1592. -1 R i ,Mf,, -d 01 ','1 4/2015 -51CIS. 18,41-1. 1 c0t E Ili--- Clerk I:,' Cc,uo D rr,, ard L CuO!� LEGAL,- AVON BY THE SEA PART OF LOTS 9 & 10 BLK 62 AS DES IN ORB 2279 PG 858, PLAT BK 0003, PG 0007 PARCEL ID: 24 -37 -23 -CG -00052,0-0009.03 Respondent, . . .. ... ...... THIS CAUSE having come on for consideration, after being, duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 20, 2014 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. Based :upon the evidence: and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City'Code') and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 301.3, Vacant Structures and Land; Section 303.1, Exterior Structure, General; Section 3032, Protective Treatments; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, exists or existed upon the Property and was further provided a reasonable time to correct said violation,; Case # 14-00005 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: Violation of Section 301.3, Vacant Structures and' Land; Section 303,1, Exterior Structure, General; Section 303.2, Protective Treatments; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. 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, A fine shall be ejntered immediatel in the amount of one hundred and fifty dollars ($150-00) for the first day and one hundred dollars ($100,00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer, Respondent(s) shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer, Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall, pursuant to section 162.09(3), Florida Statutes, serve as a lien against the Property and any other real or personal property owned by the Respondent. 1 Any and all future recurrence(s) of any violation(s) addressed herein, after same have been corrected shall necessitate further proceedings before the Code Enforcement Board' without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162,09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-03216 Telephone (321) 868-1222 — Fax (321) 868-1247 Ww'w,C1tvnf0anecanavem1 Case # 14-00005 DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of November, 2014. [60] Is! I W&0j Notel-IRMIXTA MINN Mary Ru ell, Chairperson I Copies furnished to: Midfirst Bank, Respondent City of Cape Canaveral, Case File CWWWAIM 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-cityofeapec na eral,or�� e-ma']� . ........... 1 .1 --v I I May 19, 2016 Midfirst Bank 501 NW Grand Blvd. Oklahoma City, OK 73118-6112 CASE NO. 2014-00005 Cape Canaveral Community Development Department LOCATION OF VIOLATION: 7304 Poinsetta Avenue, Cape Canaveral, Fl, 32920 PD# 24-37-23- CG -00052.0-0009.03 RESPONDENT(S): Midfirst Bank Staff performed a compliance inspection on April 27, 2016 and the property was found in compliance by meeting the requirements of the Notice of Violation and the Order Imposing Penalty on First Violation. DESCRIPTION OF VIOLATION:, Section 82-221 International Property Maintenance Code Adopted (IPMC). IPMC Section 301.3, Vacant Structures and Land. IPMC Section 303.1, Exterior Structure, General. IPMC Section 303.23 Protective Treatment. 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, Duree Alexander, Code Enforcement Officer Mailing Address! P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 3292040326 Telephone (321) 868-1222 — Fax (321) 868-1247 www,cityofeapecaiiaveral.org e-mail: infoO.)ofca ecanaveral.or 'ty ,gL ____p T, City of Cape Canaveral Communitv & Economic Development Department APPLICANT PROCEDURES FOR APPLYING FOR A REQUEST OR SATISFACTION OF A CODE ENFORCEMENT LrEN "Where a certified copy of an Order imposing a penalty or fine, as described in. F.S. Ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property, once the property has been found in compliance a request for the satisfaction or release of the lien may be submitted in writing on the application toren provided by the City of Cape Canaveral. The following procedures apply to any person applying for a satisfaction or release of the Code Enforcement Board lien. 1. The application must be submitted at least ten (10) days prior to the next available Code Enforcement Board Meeting, on, the application provided by the City. 2, A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff, This :fee is non-refundable without regard for the final determination of the request, 3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the current property owner a notarized statement allowing the individual(s) to represent the property must be submitted with the application. 4. Once the completed application has been reviewed and approved the, request will be scheduled for the first available Code Enforcement Board Hearing and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. �S,t ff strongj_y_Eecommpp4§_LQLj qr a LepLesentat'y�.js_pjesqjjtjhe hearing, , tIk _ase irr.itralhere„., 5 The request will be presented to the Code Enforcement Board and the' oard will provide the applicant with an opportunity to address the -Board regarding the Request, The Board shall, by motion, make a recommendation to the City Council for approval, approval with conditions, or denial of the application, 6. The Code Enforcement Board Secretary will. prepare the recommendation to be submitted for the next available City Council meeting date, which is usually the following month. 7, The Code Enforcement Board Secretary will contact the applicant with the location, date and time of the next available City Council Meefflig, This infonnation is also available on the City of Cape Canaveral's on line calendar at www,cjtyo_fca_p naver or . Lt is stron&ly rcconLugendqd that ypiLbe resect at this hearse to representyour request for the satisfaction or release of tbe lien. 8, The City Council may approve, approve with conditions, or deny the application to satisfy or release the lien. 9. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council, Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of the lien. 10. If the application is denied for any reason the violator/application shall not be allowed to apply for a subsequent satisfaction.ouelease of the lien for a period of one (1) year. During that period the lien may only . .... 'be sat sfied and released upon full payment of the fine or penalty imposed. . .... Signature of Applicant. _.,_', s,cheHeaberg Date:_q4e 751.011 Atlantic Avenue' 0. Box 3A16 — Cape Canaveral, FL 32920-0326 Tn elephoe, (321) 868-12; 2 —Fax (321) 868-1247 cla! or�. -Mal � 9 I d d.5 -) ?'2 —1 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE- ENFORCEMENT LIEN CODE ENFORCENIENT CASE APPLICATION FEE: APPLICANT: DATE° ADDRESS- do L Lec, o, A-� ��f a-" CITY: q P — , '4 - NATURE OF VIOLATION(S): [T\cc�' C� S ITC, , IRI� R 10 f -P -2- STATE; 1,o -71� ADDRESS OF SUBJECT PROPERTY: f -e -C DATE FINE/LIEN PY20SED: 1 4 <;�j, AMOUNT: ' 4 -3 + 0 /DAY OR TOTAL COMPLIANCE DATE: - (- \ 9, ci RELIEF REQUESTED: SATISFACTION QiTUCTI N ircle One) IF REDUCTION, TBE APPLICANT PROPOSES $ 65 -01�* Lye— AS THE A1\40UNT OF ITM REDUCED FINE. THE FACTUAL BASIS UPON WMCH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more; space is needed add additional pages)_ ``-� aAA-o,(A(\.('2J TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If mare space is needed add additional pages) �-o TPJ� REASONS, IF ANY, WHY TRE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO CONTLIANCI PRIOR TO THE ORDER OF PENALTY OR FINE BErNG II' 20SED AND RECORDED; (If more, space is needed add additional pages) ANY ADDITIONAL FACTS OR INFORIMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) e 0—A"k, CI C-AN-ul S�- s S Date: 'gnature Si STATE OF lz3 S 4 Cl-_ COUNTY OF 1(k BEFORE NIE. the undersigned authority did personafly appear'Lk - I Pf2l�—� L ( - p -t as identification, and who after being place under oath, swore who or affirrnedrovi thdede, information contained within this application is true and correct. TINAMARIE MCCUMBER F97r5457 My My COMMISSION # FF975457' EI,V, EXPIRES March 27.20220] Notary 40T) 30841, 53 ►8aia Mann FOR STAFF USE ONLY APPLICATION FEE: RECEIVED BY CITY ON (0 oq COMPLIANCE CONFIRNIED BY BUILDING OFFICIAL ON CODE ENFORCENIENT REVIEW ON CODE ENFORCENMNT'RF-CONINENDATION ATTACHED: YES ACTION OF CITY COUNCIL: -- APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE- OF COUNCIL ACTION: CONDITIONS AND PAYNIENT OF REDUCED FINE TO BE NIET WITEIN 30 DAYS OF COUNCIL ACTION, TO WMT: ON OR BEFORE 1 'j, 0 12425 28th Street N., Ste 200 St. Petersburg, FL 33716 (727) 536-4911 June 2, 2016 City of Cape Canaveral Community & Economic Development Department RE: Code Case 2014-00005 Property 7404 Poinsetta Ave Cape Canaveral, FL Request for Lien Mitigation This code violation matter arises from the foreclosure of the mortgage on the property by MidFirst Bank. The bank took title via Certificate of Title at the foreclosure sale. On 6/3/13, the COT was recorded in Book 6888 Page 1929. On 5/9/13, MidFirst transferred title to the Secretary of Housing and Urban Development (HUD), and that Warranty Deed was recorded in Book 6967 Page 43. On 2/3/14, HUD re -conveyed the property to MidFirst Bank, by Quit Claim Deed recorded in Book 7063 Page 536. The property was reconveyed due to damage to walls/ceilings/cabinets. On 9/9/14, a Notice of Violation (NOV) was issued, On 9/15/14, MidFirst received the Notice of Violation (NOV) for case number 2014-00005. The NOV stated requirements: t. Obtain permit to repair I replace exterior coverings and portions underneath the exterior coverings that may be deteriorated, siding, windows, masonry, wood, doors, porch area over entrance, 2. Repair replace exterior equipment and AC disconnect box by licensed electrician (required a permit) 3. Obtain approved final inspection Significantly, the NOV received on 9/15 required MidFirst to apply for and obtain permits, and to perform the required work, and to have the work completed and inspected and approved by 9/24, allowing only 9 days from the date the NOV was received. This was an administrative and practical impossibility, and violated due process by failing to provide a reasonable time to cure the defect. MidFirst was not the party responsible for the violations, but rather "'stuck" with correcting the violations. The following excerpts from our client's "chronology", details the extent and costs that MidFirst incurred in its ongoing efforts to bring the property into compliance. It is clear from the chronology report, that the extensive engineering, registration and permitting requirements necessarily caused "administrative" delays. Further, there were delays due to bad weather and "state of emergency" conditions that prevented contractors from working. 11115028'1 Additional problems were discovered as the work progressed, and then vandals caused even more damage that needed to be repaired. These unusual circumstances and delays were outside of the control of MidFirst Bank, and should be considered accordingly as mitigating factors. 9-9-14 Per Safeguard bids being obtained for violation. 10-2-14 Per Vendor revising bid for violations 11-14-14 Safeguard said waiting on photos from vendor so bid can be reviewed. 11-17-14 Safeguard closed out bid order since this is a reconveyed loan. 11-19-14 Asked Safeguard to advise what is going on and who is reviewing this. 11-26-14 Safeguard working on getting this bid processed intemally. Will advise. Asked Reconvey department to advise where bids are. 11-29-14 Safeguard submitted exception packet to Midland for violation bid approval. 12-30-14 Emailed Safeguard and asked for status of exception packet. 1-2-15 Bids still pending with Midland management 1-6-15 Midland asked what items remain to be addressed, Safeguard advised all violation issues need addressed. 1-15-15 Safeguard said updated bids & information in regards to exterior, property due 1-17-15 1-16-15 Per Safeguard there are problems with the bids & she is requesting they be revised. 1-20-15 Per Safeguard bids revised and Safeguard management to review and forward to Midland/MidFirst. 1-22-15 Added documents and attachments for bids sent to Midland for review and approval. 2-9-15 Waiting for Safeguard and Management to decide on bids/approval. 2-12-15 Still waiting on Management's decision on bids. 2-18-15 Midland repair team reviewing bids 3-6-15 Midland management approved violation bid - $27,594.00 (trim overgrowth, replace missing deck rail pickets, remove/replace damaged siding/framing, install house wrap, remove/replace trim board, seal/paint exterior, permit for siding, electrical permit inspection. (Vendor advised may need additional repairs once inspection completed). 3-18-15 repairs being done and expected completion date 4-8-15 4-14-15 Safeguard advised contractor/electrician has to go thru registration process for the city so this will delay the process. They have been in contact with the code officer, 4-23-15 Per Safeguard vendor working with city to register the electrician so the permit can be issued. Expect the permit to be available by 4-29-15. Estimate repairs & final sign off to take 2 weeks once electrical permit received. 5-5-15 Per Safeguard repairs are in process. Vendor obtained permits and now is having electric co. remove electric meter so that the siding can be removed and replaced. 5-27-15 Per Safeguard pending disconnect of weather head before repairs can begin, Safeguard Reconvey dept, to follow up with utility. 6,-10-15 repairs expected to be completed by 6-12-15. Once completed city will sign off. 8-5-15 Per Safeguard due to location of property it continues to get hit with heavy storms 11115028-q- and the Vendor can't provide dates of completion due to all repairs are exterior. Current State of Emergency is in progress in this area. Safeguard called code officer and advised once weather is good enough the repairs will begin. Code Officer said permits were pulled 4-13-15 and expire 10-10-15, will need extension if not signed off by 10-10-1.5. 8-31-15 Per vendor said when removing siding found framing under the siding to be rotted and damaged. City also showed up and shut down the repair when he saw the damaged framing and is now asking for a structural engineer to inspect the property. Midland approved the structural engineer's report and bids - $2,500.00 (structural engineer's report and plan). 9-2-15 Vendor found new vandalism damages: copper missing, discovered during engineer's inspection, No additional violation repairs can be completed on property until the engineer signs off on the main house repairs, bids pending. 9-3-15 Safeguard said they were going ng to ask City if Midland could move property to REO with active violations. Safeguard emailed Inspector Duree and requested permission for MM to move property to REO. Inspector Duree said will get with her Boss by end of next week due to holiday on Monday taking long weekend, may need to discuss with City attorney as well. ,9-28-15 Safeguard advised there are structural repairs that have to be completed per the building inspector. Violation repairs can't be completed until after structural repairs are cone. Received reply for inspector D�urce said City cannot stop the Bank from selling this property, or moving it to REO with the violations. Once the property has been sold the City will cite the new owner and they will be responsible for bringing the property into compliance. The lien will not stop accruing until the property has been brought into full compliance with the Notice of Violation and Code Enforcement Board Order. The new property owner will have an opportunity to request a reduction/satisfaction of the Code lien upon compliance. Information sent to Midland management. 1 O�-21-15 Safeguard asked what Midland wants to do 11-8-15 Vendor is providing additional photos for Midland review. 11-10-15 Midland asked Safeguard to find out what fines are to date. Safeguard emailed inspector Duree for this information. Inspector said to date fines are $35,650.00 accruing $100 a day until property in compliance. 11-19-15 repair authorization sent to Reconvey manager. 11-24-15 Additional bids submitted to repair team for approval for Vice President to approve 11-30-15 repair bid approved - $15,614.86 (demo front/back porches and rebuild and dumpster rental). Asked Safeguard for start/stop dates. 12-7-15 Midland VP to sign vendor permit 12-8-15 Permit signed and sent to Safeguard 12-10-15 Sent hard copy via FedEx 12-18-15 Per SG documents were sent to vendor, Safeguard pending response from City and vendor. 12-29-15 Vendor working on getting the engineers plans and list to supply the building dept. 1-7-16 Per vendor went to, building department to reinstate the existing permit for siding and to apply for porch permit. City reinstated siding permit but wouldn't let vendor apply for porch permit because there were a few things missing on the plans, Vendor had to send the plans back to the engineer so he could make the corrections. Will ad -vise when plans go back to the building department. d 1-15-16 Per, Safeguard 3 party engineer delays: porch plans pending, working 111150281 with building dept. 1-29-16 Per Safeguard plans have been submitted to the building department and vendor is waiting on response from them. When plans have been accepted the City will issue the permit and will have to go to the building department to pick it up. 2-5-16 Per Safeguard city approved permits. Pending date to start/complete from vendor. Structural repairs have to be made first and then other repairs., 2-19-16 Per Safeguard permits have been issued and work is under way. Waiting on vendor to give concrete date for work to be completed. 34-16 Structural repairs started, pending weather 3-14-16 Per Safeguard work on track to be completed by 3-30-16 3-18-16 Per Safeguard demo of back porch and front porch complete except for partial front wall. Waiting on City to inspect that is scheduled for next week after the holiday. N� ow waiting on new dumpster to be delivered. 4-8-16 Per vendor will complete demo of front porch stoop to expose rotten framing behind siding. City want entire wall open for review. Engineer may need to be brought back in for damage review. Structural members are rotten and temporary bracing may be required. Once entire wall open will know exactly what needs to be completed. Rear siding and trim and roof siding is completed and prepped for paint. 4-14-16 Safeguard asked city once repairs in progress are complete will the case be in compliance. 4-15-16 City and said Brandon James needs to request permit sign off and once siding permit is approved and signed off the fines will stop accruing. 4-18-16 Per Vendor rear of the home is complete. Front not completed because the structure is rotten. Said had to stop work today due to rain. Siding should be complete by end of day Monday or Tuesday then can move on to reframing the deck and the front stoop that was removed to access the rim joist. 4-26-16 Per vendor siding completed. Asked vendor if city inspected and permit signed off. SG contacted city to see if permit was signed off on and City said the inspection is scheduled for today and she will call and let them know if passed and if case will be closed. 4-27-16 SG received call from inspector ]puree, said siding didn't pass due to the SE wall missing nails in paneling, nails sunk and nails protruding. The disconnected AC condenser unit is in the front of the Townhome on a slab. The unit has not been reconnected to the structure nor has the AC disconnect box been installed. Staff would like to recommend that the condenser be placed inside the structure until properly installed. Staff received a written complaint from neighbor regarding damages. Asked Midland if they want to move ac inside property to protect. City is to re -inspect on 4-28-16. 4-28-16 Vendor emailed that when returning to the property the neighbor had knocked holes in his siding with a hammer or some round tool. Photos, show area when they left as complete so the holes are not from them. Per City said going back out today to inspect siding, once siding permit closed fines will stop. However in order to close out the case need the ac box installed and electrical meter, that was pulled off installed to repair siding, put back and can add to existing permit. City inspector said siding passed, lien fees stop accruing as of today. Lockbox was open and key hanging out, need to resolve the AC unit box before property will be in complete compliance. 5-5-16 Asked vendor to advise since property not in compliance until AC box is resolved. 5-6-16 Per vendor electric meter has already been approved and they have permit for it. It 11115028 is scheduled to be installed tomorrow along with AC disconnect, Said do not have approval for the AC system or plumbing system. There will be drywall damage from plumbing system and AC system. Damages will be estimated once systems are replaced. 5-11-16 Inspector Duree emailed copy of lien fees and stated the ground wire that has been placed on the adjoining property 7306 must be moved to 7304. Final inspection will not be approved until ground wire relocated, SG sent lien documents to Midland.SG advised vendor about relocating ground wire. 5-12-16 SG emailed City to see if ground wire is going to hold up previously issued violation compliance. City advised ground wire must be moved. Code Enforcement case was closed 4-2-16 however permit #11993 is pending the approved final inspection. Once the ground wire has been relocated the permit will be approved. 5-20-16 Bids submitted to Midland for approval. 5-22-16 Midland approved additional repairs of $11,200.00 - permit/fees, rough in plumbing per fixture, remove/replace refrigerant line set, remove/replace central AC, remove/disconnect box, remove/replace wiring, remove/replace liquid tight conduit, remove/replace thermostat, recharge AC system). 5-27-16 Per SG pending results of internal QC inspection before final completion confirmation is provided. Final results are due to be received 5-31-16. Reasons for delays in repairs. This was a reconveyed loan. There were some delays in getting the bids needed from the correct vendor department. Bids had to be revised and then reviewed by both Safeguard and Midland. Violation was for exterior work and this work was stopped by City when they inspected and found structural issues. City wanted structural engineer to inspect. Bids had to be obtained for structural repairs City wanted done and this put the violation repairs on hold. Also vandalism damage discovered during structural inspection. Additional bids had to be obtained. Structural repairs were completed and violation repairs started, Violation repairs completed and so were vandalism repairs, All in all, the costs incurred by MidFirst Bank to bring the property into compliance total approximately $56,908.00 for a property that the Brevard County Property Appraiser values at $106,400. The payoff amount of the lien as of 4/27/16 is $52,550.00 plus costs and interest. MidFirst respectively requests this amount to be reduced to $2,650.00 inclusive of all costs, and in full accord and settlement of Code Case 2014-00005. 75 -'Attorney at Law eXL Legal, PLL Designated EmH Address'- � � Direct Email Addre -.--sl's(cDexlleaa1 com 111 15028a May 10, 2016 City of Cape Canaveral Community development Department RE; REQUEST FOR LIEN PAYOFF - CASE NO. 2014-00005 A Code Enforcement Lien was filed on 1.1/20/14 against the property known as 7304 Poinsetta Avenue, Cape Canaveral, Florida 32920. Brevard County Clerk of Court recorded. this Lien. on 01/13/15, CFN 2015006790, in the Official Record Book 7281, Page 1952. The legal in hart is "AVON BY THE SEA PART OF LOTS 9 'z, 10 BLK 52 AS DES IN ORB 2279 PG 858, PLAT BK 0003, PG 0007". PI # 24-37-23_CC-00052.0-0009.03. The property was found in compliance on 4127/16. Mailing Address:. P.O. Box 326 Physical Address. 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 yww+ cityofca ecanaveral.org e-mail: iityofcal�eca,navera nfo,"a cl.org 7304 Poinsetta Avenue CFN 2015006790 OR BK 7281 Phi 1592 Case No. 2014-00005 DATE NO, DAYS AMT. TOTAL 11/20/14 1 Day $150.00 $150.00 1.1/14 10 Days $100.00 $1,000.00 12114 31 Days $100.00 $3,100.00 1/15 31 Days $100.00 $3,100.00 2/1.5 28 Days $100.00 $2,800.00 3/15 31 Days $100.00 $3,100.00 4/15 30 Days $100.00 $3,000.00 5/1.5 31 Days $100.00 $3,100.00 6/15 30 Days $100.00 $3,000.00 7/15 31 Days $100.00 $3,100.00 8115 31 Days $1.00.00 $3,100.00 9/15 30 Days $100.00 $3,000.00 1.0/15 31 Days $100.00 $3,100.00 11/15 30 Days $100.00 $3,000.00 12115 31 Days $1,00.00 $3,100.00 1/16 31 Days $100.00 $3,100.00 2/16 29 Days $100.00 $2,900.00 3/16 31 Days $100.00 $3,100.00 4127/16 27 Days $100..00 $2,700.00 Total Amt. $52,550.00 Mailing Address:. P.O. Box 326 Physical Address. 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 yww+ cityofca ecanaveral.org e-mail: iityofcal�eca,navera nfo,"a cl.org STAFF COSTS FOR ENFORCEMENT OF VIOLATIONS 7304 PIONSETTA AVE CASE NO 2014-00005 DATE DESCRIPTION TIME AMOUNT 118/14 Initial site inspection; photos; fuel ($2.15) 1.0 hr. $36.00 1/15/14 Research property ownershi .50 hr. $16.93 1/21/14 Prepare Notice of Violation; mail return receipt; 1.0 hr. $41.54 (5.54), fuel ($2.15) 1/23/14 Site visit to property; photos; fuel ($2.15). 1.0 hr. $36.00 7/3/14 Received email from REO Title Company 1.0 hr. $33.85 requesting a copy of Notice of Violation; pulled documents. 7/11/14 Responded to email stating will conduct a site .50 hr. $16.93 inspection of the property. 7/14114 Follow up site visit; photos; fuel ($2.15) 1.0 hr. $36.00 7/24/14 Responded to email regarding site inspection; 1.0 hr. $33.85 provided photos of violation(s). 8/5/14 Received email requesting another copy of the 1.0 hr. $33.85 'Notice of Violation; responded provided photos.. 9/9114 Staff fled a complaint regarding the exterior 2.0 hr. $67.70 condition of the property with the Vacant Registry System.; photos; property research new property owner; issue new NOV 10128114 Conducted records search for property .50 hr. $16.93 ownership,. 10/29/14 Conducted site inspection of property; photos; 1.0 hr. $36.00 fuel ($2.15) 10/29114 Prepare Order to Appear; mailing certified 1.0 hr. $41.54 ($5.54); fuel ($2.15) F11/10/14 Received email from Diana Finlason Code! 1.5 hr. $50.78 Compliance Specialist, Safeguard for Midfirst Mortgage requesting current amt. of fines. Responded and provided requested inforination, 11/20/14 Code Enforcement Board Hearing; Time for 1.0 hr. $286.95 Officer Alexander @ 33.85; Building Official @ 49.70; Board Secretary @ 28.40; Attorney 175.00 (1 hr. for all) 11/26/14 Board Secretary preparation time for Board im hr. $63.09 Order @ 28.40; Mailed Order Imposing Penalty on First Violation; certified ($5.54); fuel ($2,15); Filed with Clerk of Court costs ($27.00) 1/9/15 Site visit to property; records search for' 1.0 hr. $36,0'O ownership; fuel ($2.15) 3/15/15 Email from Branamjames contractor regarding .50 hr. $16.93 information on repairs. 3/15/15 Site visit to property; photos; fuel ($2.15). 1.0 hr. $36.00 3/31/15 Site visit to property; photos; fuel ($2.15). 1.0 hr. $36,00 4/21/15 Site visit to property; photos; fuel ($2,15). 1.0 hr. $36.00 6/2/15 Discussion with Building Official regarding .50 hr. $41.78 exterior conditions of building call FPL to check on status of power; need site inspection. —6-3/15 Site visit to property; photos; fuel ($2,15). 1.0 hr. $36.00 8/5/15 Received email from Diana Finlason regarding .50� hr. $16.93 ithe permitted work to start and scope of work. 8/11/15 Site visit to property; photos; fuel ($2.15). 1.0 hr. $36.00 9/3/15 'Received email from Diana Finlason regarding .50 hr. $16.93 property vandalized; all plumbing stolen; wants to sell property. 9/25/15 Site inspection to property, discussed issue with 1.5 hr. $5193 Building Official; property search for ownership;' fuel($2.15) 9/28/15 Responded to email Informed her that City can .50 hr. $16.93 not stop sale, but lien will not stop until property is in compliance. 11110115 Email from Diana Finlason requesting total 1.0 hr. $33.$5 amount of fines to date. Prepared information and responded. 12/4/15 Received telephone call from Jenn at .50 hr. $16.93 Brananjames Const, responded; discussion I !regarding expired permit and structural engineering. 1/26/16 Received email from Jennifer at Branarnjames, .50 hr. $16.93 Const. regarding renewal of expired permit. Responded. 1/26/16 Received email with new engineering plans for .510 hr. $16.93 the exterior siding provided to Building Official and Inspector. 4/8/16 Site inspection of the property dumpster located im hr. $36.00 at site; fuel ($2.15) 4/12/16 Follow up site visit; photos; fuel ($2.15) 1.0 hr. $36.00 4/13/16 Received call from contractor regarding, .50 hr. $16.93 inspections for compliance. 4/14/16 Received email from Diana Finlason regarding l 50 hr. $16.93 conformation that repairs were in progress and once permits are approved property will be in compliance so that title can be conveyed to HUD with clear title. Responded. 4/15/16 Called Diana Finlason to explain current status .50 hr. $16.93 of inspections and lien reduction/satisfaction process, 4/25/16 Received an email with photos of adjoining .50 hr. $16.93 property damage from contractor. 4/25/16 Discuss with Building Official @) 49.70; conduct 1.50 hr. $127.48 site inspection; photos; fuel ($2.15) 4/25/16 Received email from Diana Finlason stating 1.0 hr. $33.85 Vendor claims repairs completed. Have they received the approved final inspection(s). Research request. 4/26/16 'Site inspection to property with Building 1.0 hr. $83,55 Official. (B.O. @49.70) 4/26/16 Responded to email; inspection was called in fori .50 hr. $16.93 siding no results. Also sent email to Brammijames regarding out come of inspections on 4/24/16 and 4/26/16. 4/27/16 Sent email to Diana Finlason and Branainjames .50 hr. $16.93 regarding damage to adjoining property. 4/28/16 Sent email to Diana Finlason and Branainjames .50 hr. $16.93 regarding property in compliance with NOV and lien will stop accruing as of 4/27/16 5/10/16 Responded to request from Jena atBranarnjames .50 hr. $16.93 for payoff of lien. 5/11/16 Several emails to Jenn and Diana Finlason regarding a ground wire issue at site for AX, 1.0 hr. $33.85 5/19/16 Verified compliance; properare letter; Emailed Tenn at Branamjarnes regarding property in compliance. 1.0 hr. $33.85 5/20/16 'Request to City Manager from Rebecca Brueckner eXL Legal for records request for this property. Records search and preparation. 1.0 hr. $33.85 5/23/16 Responded to Rebecca and provided request. Provided copy to Diana Finlason. 1.0 hr. $33,85 6/20/16 Received email from Rebecca Brueckner for meeting information; responding. .50 hr, $16.93 7/13/16 Prepare details costs of enforcement. 3.0 hr. $101.55 7/18/1.6 Prepare PowerPoint for hearing. 1.0 hr. $33.85 7/21/16 Code Enforcement Board Hearing; Time for Officer Alexander @, 33.85; Building Official @ 49.70; Board Secretary @ 28.40; Attorney @ $175.00 (1 hr, for all) 1.0 hr. $286,95 7/16/16 Preparation of release and recording. Recording $10.00 Total Costs 1.0 hr $43,85 $2,381.86 '`.�••4»p Brevard County Property Appraiser Government Complex - North Z 400 South Street Titusville, FL 32796 Phone: (321) 264-6 700 �awam*p{ htlps1/www.bcpao.us YM'�+'•' Property Information Account #: 2434385 Owners Modfrst Bank Site Address 7304 Poinsetta Ave Cape Canaveral R 32920 Mailing Address 501 Nuw Grand Blvd Oklahoma City Ok 73118 Parcel ID 24 3723 -CG -52-9.03 Property Use 0135 - Townhouse Exemptions None Taxing District 26GO - Cape Canaveral Subdivision Avon By The Sea Value Summary Information Value Category 2015 2014 2013 Total Market Value $106,410 $94,230 $79,360 Agricultural. Market Value $0 $0 $0 Assessed Value Non -School $106,410 $94,230 $69,100 Assessed Value School $106,410 $94,230 $69,100 Homestead Exemption $0 $0 $25,000 Addtional Homestead $0 $0 $19,100 Other Exemptions $0 $0 $0 Taxable Value Non -School $106,410 $94,230 $25,,000 Taxable Value School $106,410 $94,230 $44,,1 DO Sales History Information Sale Date Sate Price Beed Type Vacent/Improved Boole/Page 0210312014 $100 QC False 706310536 0512812.013 $100 CT False 698811929 05109/2013 $100 WD False 6967/0043 03190/2009 $100 QC False 5922/2805 03/30/2009 $100 OC False 5925/0510 11/0111998 $38,600 02 False 3929/0481 04/01/1998 $100 CT False 3831/0102 10/3011990 $62,000 WD 3088/1830 01/01/1981 $52,000 WD 2279/0858 Building Information Properly Data Card #1 Building Use: 0135 - Townhouse Year Built: 1980 Building Materials Building Saila-areas EXTERIOR WALL STUCCO BALCONY 160 FRAME MASNRYCONC BASE AREA (1 st) 800 ROOF ASPH/ASB SHNGL BASE AREA (2nd) 640 ROOF STRUCTURE HIPIGABLE OPEN PORCH 24 Extra/Special Features No Data Found Land /information Total Acres 0.07 Site Code 0001 - No Other Code Appl, Plat Book/Page OD03/0007 Description Avon By The Sea Part Of Lots 9 &10 Blk 52 As Des In Orb 2279 Pg 858 Page 1 of 1 Generated on 7J14J2016 1:46:52 Piv1