HomeMy WebLinkAboutCEB Agenda Packet 8-18-16CITY OF CAPE CANAVERAL
CODE ENFORCEMENT MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
August 18, 2016
6:00 PM
w �s
Establish Next Meeting Date: September 22, 2016
NEW BUSINESS:
1. Approval of Meeting Minutes: May 19, 2016
2. Interview & Recommendation to City Council Re: Potential Board Member, Paula Collins
3. Senior City Attorney Jennifer Nix to review the new Ordinance No. 01-2016, Application for
Satisfaction, or Release of Code Enforcement Liens Procedures,
COMPLIANCE HEARINGS:
1. Case No. 1.6-81 - Violation of Section 105.1, Required pennits; 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, CIC)
Vincent E Keenan, R.A. & Costa Del Sol Condominium Association, Inc. CIO Timothy Pickles,
R.A. (1n Compliance)
Ual"11 nle-W-1 319M
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 34-1.22, 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.
1. Case No. 10-1.15 — 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
Code Enforcement Board
Agenda
August 18, 2016
Page
Pursuant toSection 286.0105„ 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 authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility
is accessible to the physically handicapped. Persons with disabilities needing; assistance to participate in the proceedings
should contact the Building Department (321)868-1222 48 hours in advance of the meeting.
CITY OF CAPE CANAVERAL
COBE ENFORCEMENT BOARD
MEETING MINUTES
May 1. 9, 20 16
A Regular Meeting of the Code Enforcement Board was held on May 19, 2016, at 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.
Daren Hutchinson
Mike German
Chairperson.
Senior City Attorney
Code Enforcement Officer
Code Enforcement Officer
Board Secretary
Clerk
Building Official
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 corn liance with the following Section:
ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS, DIVISION I.
GENERALLY, See. -1.711, (c), (i) - Uniform procedures and requirements.
Motion by Mr. Hate, seconded by Mr. Cloney to nominate Ralph Lotspeich as Vice Chairperson..
Vote on the motion carried unanimously.
d
Code Enforcement Board
Meeting Minutes
May 19, 2016
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 hint 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 the
current residence of the property owner. Staff testified that 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 their role to determine whether the
owner is compliant or not.
Based an the evidence and testimony presented, Staff respectfully requested the Respondent(s) be
found in violation as set firth 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 ($ 100.00) for
the first day and seventy-five dollars ($75.00) for everyday thereafter, until compliance is
confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the
violation be imposed.
Motion by Mir. 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 1.05.1 Required Permit(s), Section 1.1.0.1, General
Inspections) of the Florida Building Cade 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 l'",i. Atlantic Avenue) - Keenan Realtors, LLC, C/O 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
Meeting Minutes
May 19, 2016
Officer Alexander testified that the case was presented to Code Enforcement Board on April 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 be 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 Staffs 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
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.
1. Case No. 16-83 - Violation of Section 110-384, (1), Prohibited uses and structures; Section
70-68, (a) (b), Violation; penalty; Section 70-69, Receipt required; payment of tax prerequisite
to issuance; Section 70-71, Engaging in business without paying the tax or making reports; of
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
Meeting Minutes
May 19, 2016
LNUMNA9,491
Meeting adjourned at 7:53 p.m.
Approved on this _day of 12016.
Mary Russell, Chairperson
Patsy Huffman, (typed minutes)
(Please note: This meeting was recorded by Cindy Gregson, Who was the Board Secretary at the
time the minutes were recorded, but was no longer affilited Yv ith the City by the time these minutes
were prepared).
9
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CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name:
2. Home Address:
C&LA t f
3. Home and Cellular Telephone:
4, Occupation:
5. Business Telephone: A
6. Business Address:
7. E -Mail: cam
'Wei LIZI
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee,
1. Are, you duly registered to vote in Brevard County? (y) (N)
2, Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (y) (N)
3a. Are you a Business owner: (Y) (N)
3b. If yes to 3a, please list the name: -/? A
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question, (Y) _ (N)
ERT
-M
-MO
If yes to 4a, have your civil rights been restored?
Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
If yes to 5a!, please list each:
Page 1 of 3
(Y) _ (N)
(Y)
& C4 ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily itials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N)
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTEREST (EXPERIENCE
1 0 t944t&"4.&-/ V
2. In numerical sequence (I = most interested), please rank which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. Business and Economic Development Board*
c. Code Enforcement Board*
d. Community Appearance Board*
e. Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
91 Library Board
h. Planning and Zoning Board*
11 Other:
*Members of these boards are required to complete and file with the supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following
the initial appointment while still a member of said board.
Briefly state any prior experiences in serving on any governmental board or committee:
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc,)
that you feel help to qualify you for membership on the desired board or committee.
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE GENDER
African-American Male
Asian -American Female
Hispanic -American Not Known
Native -American
Caucasian DISABILITY
Not Known Physically disabled
Ru,
11g IWE i : 11! rel It
* Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
* Your application will remain effective for one year from date of completion.
* If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature: Date., '7
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received:
Date Appointed:
Board Appointed to:
Term Expires:
Page 3 of 3
I Is 1916 -0111111 -Mil Ja 01,17`0011
�j 19,11#11,15
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article V111, of the State Constitution, to exercise any power for municipal purposes, except
when expressly prohibited by law; and
WHEREAS, Chapter 162, Florida Statutes, provides that a municipality may create
administrative boards with the authority to impose administrative fines and other noneriminal
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 Cape 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 FOLLOWS:
City of Cape Canaveral
Ordinance No. 01 - 2016
Page 1 of I
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 Ci ly 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
Section 2-260 — Application for, satisfactionff release or reduction
of code enforcement
liens.
(a) 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 of the violator, such violator, or the violator's
successors and asci ns who has an o,wnershiD interest in the property, (collectively, the
"Applicant") may apply for a satisfactionor release,(
or reduction of such lien as follows:
with th4-5,,�.
(1) jjeq satisfaction. Upon full pay ent by the Applicant of the fine or peaphy
imposed in accordance with this division, the city manager is hereby authorized to
execute and record in the public records of Brevard Counly, Florida, a satisfaction
of lien on behalf of the Citv, The AD-Dlicant shall be responsible for paying all
costs of recording. Lien satisfaction requests donextrequire all full _PMLIgIt n
re aired bv subsection (b) of this section because the Applicant is_2gyiM the full
amount of the fineor penalty due the Cites
(2) Lien release or reduction. Upon request for a release or reduction of a fine or
nmalt v imDosed in accordancewiththis division, the Applicant shall submit a
written application to the cit v mana2er- or desi2nee, in accordance with this
section.
MMIM
i a7;
(b) Application. The application for sa6sfee6e* of release or reduction of lien shall be in
written forrn, typed or handwritten, by the v4o4atef-, Applicant and shall be submitted to
the Kily--D4n4buin.Reia4l or designee—
the 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 of 2
(1) A,copy of the order impo,gng-a, lien. Mpon the property including the The code
enforcement case number;
(2) The date upon which the Applicant vie4atef-brought the subject property into
compliance 'with the City Code;
(3) The basis upon which the Applicant vielatof believes the application for
sa4isAetien of release or reduction of lien should be granted;
(4) The terms upon which the satisfaetion E)f 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 Applican viohAef; fiR4
(7) A statement verifying whether the Applicant was issued any. title, 120ficY or
policies for the subject property encumbered by the lien after the date the lien was
recorded in the public records of Brevard County, Florida. If such A-Polio y.,or
policies were issued to the Applicant, a copy of any such title policy shall be
submitted with the application, Any other- in rma&n y4iieh the violator deems
peftineiit to the fequest, ineluding but not limited to *e eir-eumstanees thm ex44
whieh wouldwaffant the feduetion of sa
-r- fine;
(8) This appliemien shall be exeetited undef eath and
ne ubli Any .other.,,information which the Applicant deems pertinent to the
request, including but not limited to the circumstances that exist which would
warrant the reduction or satisfaction of the penalty or fine.
(c) Reimbursement to city for recording costs at tarns oLa
2plicatiom The Applicant violate
shall submit, at the time of application, an gpplication fee established -by,the cit y to defra,
some or all of the city's costs of orocessine the aDnlication including. but not limited to
-4-
personnel, le gal, and
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 sa4isfaetien,-er- release of
hen.
(d) Application Review Upon receipt of the application fef sa4isfeetion or felease ef4iei+-and
payment provided above, the! Building Offleial or designee of the building offiraial shall
eenfifin thre*0 the code enforcement division d e shall confirm that the
violation., which resulted in the order imposing penalty or fine., has been corrected
smisfied. If the violation has been corrected satisfied and there are is no current code
violation s) upon the property in question, the code enforcement division building effi
of desipee of the building offieial 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.
(c) At the hearing before the code enforcement board, the board shall review and consider
the application for satisfaction reduction or release of lien, provide the violator with an
opportunity to address the board regarding the application for satisfaetien reduction or
City of Cape Canaveral
Ordinance No. 01 - 2016
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 the application and any testimony presented, the code enforcement board
shall by motion or writing dir-eet a r-eeem—e-d—ion 4- *L- _0
--affruil f9f appy-eval.
approve, appfovial #pj2rove with conditions, or denmial--4 deny the application for
m4i4aet4e*-reduction or release of lien.
The eede detOFffli..'"
tl mmeadation, Whenever a
recommendation or decision is made under this section, -hal
sl eansi the following
factors shall be applied by the City in deten-nining the amount of any reduction or release:
V, I K rMIRM rViRMC
MT
01 Tra-MMMSPVT
The amount of anv administrative and out-of-nocket costs incurred by the
city which are directly associated with the underlying code enforcement case and
lien includinp-, 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
(2) The gravity and number of the violation sj,
(3) The amount of the requested' reduction,
(4) The time in which it took to brie 2 the nroDertv into compliance;
(5) Whether the Avolicant was responsible for the violation which caused the
lien.;
(6), Whether the ADDlicant is or will be a bona fide purchaser of the subiect
oropertv and is filing or has filed for a homestead exemption evidencing a desire
to reside within the City on a non -transient -basis, or whether the property is or,
will be acquired for investment or other purposes;
(7) Whether the ADDlicant ac aired the subiect pronertv with knowledge of
the subiect lien or should have knowledge of the lien through reasonable due
d i I iSen ce -
City of Caj)e Canaveral
Ordinance No. 01 - 2016
Page 4 of 4
(8) The accrued arnount of the code enforcement fine or lien as compared to
the current market value of the property,
(9,) With respect to a speculator. non -homestead 12urchaser of the subject
property, the accrued amount of the code enforcement fine or lien as cgmpgred to
the investment/profit that will be wined as a result of the purchase or sale of the
nronertv and the reduction or satisfaction,
(1 0) Any previous or subsequent violations pertaining to the property unless an
order finding a violation is under apipeal at the time of determinatiow
(11) Any previous or subsequent violations of the Applicant -pertaining to the
other prol2erties owned within cily, unless an order finding -a violation is under
apoeal at the time of determination;
(12) Any relevant information contained in any title policy required to be
submitted to the city under this section;
(13) Any financial hardship;
(14) Anv other mitigating circumstance which may warrant the reduction or
satisfaction of the penalty o r �fjn fine; and
d
(15) Any other administrative review criteria relevant to whether it is equitable
to reduce or release a lien which are adopted. by the city rngagggrin writing, and
are intended to be applied to all Molication,s on a uniform basis.
To the maximum extent feasible, the code enforcement board shall collect at a minimum
all administrative and out-of-pocket costs incurred by the City as specified in subsection
(e)(1). If the code enforcement board. avvroves the application to reduce or release the
lien and the approval is conditioned upon the Applicant paying a reduced penalty, fine, or
an other condition, the satisfaction or release of lien shall not be oret)ared or recorded in
the public records of Brevard County, Florida by the city mann g r until the condition
imposed bv the code enforcement board have been satisfied.
Compliance and Iii hl of Anveal. The Aonlicant shall have thirt-V (30) davs in which to
comply 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 cornply with the conditions imposed by the
code enforcement board or timely anneal, the Applicant shall thereafter be barred
from ar)Dlvinv for a subseauent reduction or release of lien for a neriod of one
ear, from the date of denial. During the ones ear oerjod, the lien mqy-,g �Jbe
City, of Cape Canaveral
Ordinance No. O1 - 2016
Page 5 of 5
satisfied and released upon full payment 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, big 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
beinv avDealed, the grounds for appeal, and a brief summary of the relief being
sought. A nonrefundable filing fee of $100 shall accompany the notice of 4ppeal.
Upon submittal of a timely appeal, the city manager shall place the appeal of the
determination upon the agenda of the next regularly scheduled eiky council
meeting to the extent practicable. The city council shall render a final decision, on
the application based upon the sworn applicationthe code enforcement board
determination and any other relevant information or testimony provided to the
cit y council at the meeting by the Alicant, city manager or any other interested
pggy. 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 any decision of or
condition imposed by the city council or the 4pplication shall be deemed
automatically denied and thereafter, the Applicant shall be barred from applying
for a subsequent reduction or release of lien for a period of one year from the date
of the city council's decision, During the one- ear eriod the lien rrna cnnl be
satisfied and released uDon full r)avranent -of the fine or penalty imposed in
accordance with this division.
M When a lien is satisfied as a result of reduced payment or release as
ordered la the cit council the cit mane er is harsh authorized to execute and
record in the_pRblic records of Brevard County, Florida, a satisfaction of lien on
behalf of the city.
(h) Partial Release of Liens,° Dens Recorded in Error 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 city council may at) - prove an application conditioned
ul2on a partial release of lien that releases a, city lien from a specific piece of pEqperty.
However, the lien will remain in effect and will encumber any other prop,erties which are
subject to the lien pursuant to law. Partial releases of lien may also be authorised by the
code enforcement board or city council to account for any funds paid to the city to reduce
the amount owned on the Hem In addition, nothing herein shall prohibit the city manager
from releasing a lien. in whole or part, that was recorded in error by the 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
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City of Cape Canaveral
Ordinance No. 01 - 2016
Page 6 of 6
Section 3. Repeal 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. Incorporation 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'. Severati!jjE 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 sueb 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
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............. ... . . ... .. .... ... .. ... .. .. . .....
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Section 3. Repeal 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. Incorporation 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'. Severati!jjE 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 sueb 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
'2PI6.
Io
ATTES" F
e,
ABUM,
Approv o legal form and sufficiency
e C "' sufficiency
for Ih it e Canaveral only by;
..........
Anthony A. Garganese, City Attorney
of the City of Cape Canaveral, Florida„ this _//'4ay
Bob Moog, Mayne
For Against
John Bond x
Mike Brown x
Robert Hoog
Brendan McMillin Motj.qn-
City of Cape Canaveral
Ordinance No. 01-20161
Page 8 of 8
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
SCHMITZ, GERHARDT
7.1ty of Cape Canaveral
Community Development
Location of the Violation:
305 SURF DR, CAPE CANA'V'ERAL 32920
CASE No. 2015-73
DATE: 8/8/2016
A HEARING will be conducted before the City of Cape Canaveral. Code Enforcement Board on August 18, 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 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 CGDE 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 I5 FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TES'T'IMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
DATED this 8th day of August, 2016.
Brian Palmer, Code Enforcement Officer
Mailing Address: P.O. Box 326 Physical Address: 110 /Folk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
wVis;^w'nrff h �����o-ra��-�tr�7��xe-��'�.�v��av�.��n;a�����-:��' nr°a,
'0-�4 0
Uity of Cape Cana
vera
Community Development Department
ANAVERAL
oration,
Owners of the property located at:
305 SURF DR, CAPE CANAVERAL 32920
PARCEL TD- 24-37-14-51-00007.0-0003.00
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
t 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 32920
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
Telephone (321) 868-1222 — Fax (321) 868-1247
, '
f' J]" , '4111< Wel'a �.on� e-mail:
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:
Section 34-96. (a), (b),, (d) Standards established.
(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 prernises 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
Telephone (321) 868-1222 — Fax (321) 868-1247
wwwLcaty cap4ycKW,qre -mai I: b. &
__g
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 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.) adopted.
The International Property Maintenance Code, 1998 edition, as published by the International
Code Council, is hereby adopted by reference and incorporated herein as if fully set out.
The 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. Recommend atioin(s) to correct the violation(s) described above:
0 Rii or rep'nee brekein 1-1-A— hut is not fintitei
• Repair/replace roof. Obtain a permit and final inspection for the
repair/replacement of the damaged roof (this includes any and an portions of the
roof which is need of repair/replacement).
• Mow and trim an overgrown areas of the property (such that grass, weeds and
vegetation shall not exceed six inches in height)
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.cltyofcapecanaver4l.org e-mail: bpalmer(Wicit, ofeap-ecan-averal.ora
g
Page 4
1015-73
Ensure the swimming pool, and surrounding pool decking, are kept free of all
nuisances and are maintained in good repair and are capable of perforniing 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 must be 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 farther action,
as outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape
Canaveral, (321) 868-1222,
Brian Palmer
Code Enforcement Officer
Mailing Address- P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
r_1 11 fl
k�Ay ut uape t.�anav(,`ranl
Community Development
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
Debrorah Carroll
NO�TICE OF HEARING
CASE No. 2010-00115
DATE: 7/25/16
I-ocation of the Violation.,
209 Pierce Avenue, Cape Canaveral, FL 32920, Parcel ID # 24 -37 -23 -CG -00062,0-0004.04
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August
18, 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 request
for a reduction or release of a Code Enforcement Lien filed against the property of the Respondent(s) as
set forth in the Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a
determination as to whether such lien shall be reduced or released pursuant to Section 162 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.
Upon review of the application and any testimony presented, the Code Enforcement Board shall by
motion or writing approve, approve with conditions, or deny the application for reduction or release of
lien.
The applicant shall have thirty (30) days in which to comply with the conditions imposed by the Code
Enforcement Board or submit a written appeal as provided herein (Attachment 1.). Failure of the applicant
to comply or timely appeal will result in the automatic denial of the application.
1?�TED this 25th day of July, 2016
I J)(alk
Duree Alexander, Code Enforcement Officer
C: Attachment I
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@citvofeaoecanaveral.org
ATTACHMENT #1
Chapter 2 Article VI Section 2-260 Application for Satisfaction, release, or reduction, of code
enforcement lien.
(g) Compliance and rkzbt of appeaL The applicant shall have 30 days in which to comply 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.
(1) If the application is denied, or if the application is automatically denied due to the failure of the
applicant to comply with the conditions imposed by the code enforcement board or timely appeal, the
applicant shall thereafter be barred from applying for a subsequent reduction or release of lien for a
period of one year from the date of denial. During the one-year period, the lien may only be satisfied
and released upon full payment of the fine or penalty imposed in accordance with this division.
(2) The applicant may appeal the code enforcement board's decision to the city council, by filing a
written appeal within ten days of the date of the decision with the city clerk. The notice of appeal shall
state the decision that is being appealed, the grounds for appeal, and a brief summary of the relief being
sought. A nonrefundable filing fee of $100.00 shall accompany the notice of appeal. Upon submittal of
a timely appeal, the city manager shall place the appeal 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 any 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 30 days in which to comply with any decision of or condition imposed by the city
council or the application shall be deemed automatically denied and thereafter, the applicant shall be
barred from applying for a subsequent reduction or release of lien for a 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
upon full payment of the fine or penalty imposed in accordance with this division,
(3) When a lien is satisfied as a result of reduced payment 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 error. 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 city
council may approve an application conditioned upon a partial release of lien that releases a city lien from a
specific piece of property. However, the lien will remain in effect and will encumber any other properties
which are subject 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 paid to the city to reduce the amount owned on the
lien. In addition, nothing herein shall prohibit the city manager from releasing a lien, in whole or part, that
was recorded in error by the city. An application shall not be required to release a lien recorded in error,
Complainant,
a
M d07"
Mac Homes, Inc.
Owner of the Property located at:
209 Pierce Ave., Unit D
Cape Canaveral, FL 32920
City of Cape Cmaveral
Case #10-00115
CPN 2011096869, OR BK 6392 PAGE 2258,
Recorded 05/31/2011 at 07 07 PM, Mitch Needelman, Clerk
of Couils, Brevard County
# Pgs 3
LEGAL: UNIT 209D PERCE CONDO AS DESC IN ORB 5624 PG 1776 AND ALL AMENDMENTS THERETO
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 May 19, 20111 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.
lilar-mr-It *'A ffptsmmjjj�
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 1162.12, Florida Statutes;
2. 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 sai�
violation;
75 ION. Atlantic Avenue - Post Office Box 326 -, Cape Canaveral, FL 32920-03
telephone: (321)868-1222 0 Fax:(321)868-1247
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 UPON 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 ($100.00) per day thereafter, including al
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 Respondents) 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,
DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of May, 2011.
'oily mom
Mary Russe 1, Chairperson
Case #10-00115
Copies furnished to:
Mac Homes, Inc., Property Owner
City of Cape Canaveral, Case File
I hereby certify that a true and' correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this 7:5 day of /q4q' ,2011.
Joyambardi, Board Secretary
Diuree Alexander, Code Enforcement Officer
Run: 7/08/16 City of Cape Canaveral, Florida
3:24PM Building Permits by Permit Number
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 Type: PLUMBING Work: 434- Add/AIV enti 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. 2091 PIERCE AVE City: CAPE CANAVERAL, FL 3292(
Applied: 1/27/2014 By: TOM WALKER Issued: 2/05/2014 By: TIM Expires: 9/03/2014
Completed: 3/07/2014
Notes:
Contractor: TOM, TOM WALKER PLUMBING 102COLUMBIA DR #101
- -------- ----------------- -- -...-..-_..__.._m.
Inspections: Type Inspected Status Scheduled
Final Plumbing 3/07/14 Todd Morley Accepted
Comments: Unit D 403-6520 or 799-0508
Number of permits printed: 1 Total Cost.- 350.00 Total Fees: 4900
City of Ca*e Canaveral
�J�
COMMUO� & Economic Development Department
I'CEDURES FOR PLYTNG FOR A REQUEST
MON OF A CODE ENFORCEMENT LIEN
I imposing a penalty or fine, as described in F.S. Ch. 162, has been
evard County, Florida, and has become a lien against the land and/or
.i found in compliance a request for the satisfaction or release of the
HVII May ac sumninea in wraing 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,
I. The application must be submitted at least ten (10) days prior to the next available Code
Enforcement Board Mecting, 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-refuridabLe 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 riot
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. Staff strong) rgcommqnds.3Dp or _4
re resentative is resent the h arixr ._ Please initial here- 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 w.)ny civj9fcap.ecqnayeral. org. It is strongly recornmendc d that
you be Sresent at this hearing o y9w request 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.
M 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:
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telenhon e (12 1 ) R68.-1?`? —Fax (I 1) MR - 1947
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN
0011 5
CODE ENFORCEMENT CASE Pf- APPLICATION FEE:
APPLICANT: eloo�ro k Cayrolll DATE: 5117
CITY: O f cm d o
STATE: 0 y i'j 01 ern: 2 � 2
NATURE OF VIOLATION(S):
fx i-1,'? C� (A a 5
AIIRESsF SUBJECT PROPERTY: -Cave 11. 32720
DATE FINE/LIEN IMPOSED: 5 �202. AMOUNT: /DAY OR TOTAL.
COMPLIANCE DATE: -Ja (,lp.y j q
RELIEF REQUESTED: SATISFACTIONREDUCTIO Circle one) IF R.E UCTION, TITLE APPLICANT
PROPOSES $1,000 - 00 A5 THE AMOUNT OF THE REDUCED FINE.
THE; FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If more space is needed add additional pages) s C C add', -fm 1 ynll n,
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
(If more space is needed add additional pages) ��
C ode- .
THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE
PRIOR TO THE ORDER OF PENALTY OR. FINE BEING IMPOSED AND RECORDED: (II more space is needed add
additional pages) d i , w y) On CC :T- ou V f )
l ed f u ► �n a a v� e.
ANY ADDITIONAL FACTS OR INFORMATION 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)
�5 Afsoca-Aioo wog ej �,,ya wyfe(j 0,11 YO s
ay)d VJJ) coy)-�V)ueiD ao,5o, c �� woMib be w 0 e Coy
Lr6u� r"�b -- Date:
Applicant's Signature`
STATE OF j
COUNTY OF
IS! BEFORE ME the undersigned authority did Personally appear Vg ace �2 , L�mho provided
�K(Lthisk- �� as identification, and who after %ein
a ,on con""i.'d "h
tion contained 'thin this application is true and correct, affiTTned the
DUREE R EIDER
w ya; MY COMMON # FF W1 877J
XPIR ES: September 30,20 19 Not rY Public
a, 4,,
Boded Thru Nb� Pubk Underooters
FOR STAFF, USE ONLY
APPLICATION FEE: S RECEIVED BY CITY ON
COMPLIANCE CONFMIVIED BY BUILDING OFFICIAL ON I Lj
CODE ENFORCEMENT REVIEW ON
CODE ENFORCEMENT RECOMMENDATION ATTACBED: YES
ACTION OF CITY COUNCIL: APPROVE; _ DENY;'
APPROVE WITH FOLLOWING
CONDITIONS:
DATE OF COUNCIL ACTION:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE NET WITIHN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
L
The Factual Basis Upon Which the Violator Believes This Application Should Be Granted:
The previous owners of 2091 Pierce Avenue were Paul and Laura McDill. I first contacted Mrs. McDill in
November 2013 to discuss the reorganization of the association, Mrs. McDill 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. 1, 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. MOM 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 decreased', 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 a 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, I 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. l 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 Angell 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,
,:Zbri b
This is just a brief explanation of the history of Unit 2+5A 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 property; photos; fuel (2.15)
1.0' Hr
$36.00
6/10/1.0 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 Mac Homes Corporation
1.0 Hr
$33.85
Infoririation - prepared Notice of Violation
10/5/10 Mailed certified snail return reciept requested
1.0 Hr
$41.44
($5.44); Fuel ($2.1.5)
10/14/10 Received call from ,1m. Glennon stating he spoke
.50 Hr
$16.93
with Mr. McCollum not the Registered Agent for
this property.
10/2.2110 Discussed issue of condommum association and
.50 Hr
$91.93
lack of water with City Attorney $150.00 h:r
3/21/1.1 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 theproperty;photos; fusel ($2.15)
1.0 Hr
$36.00
4/12/11 Prepared Notice for posting property and City
1.0 Hr
$36.00
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
515111 Prepared documents for posting; posted property
1.0 Hr
$36.00,
and City Hall; ($2..15)
5119/11 Code Enforcement Board Hearing; Time for
1.0 Hr
$2.61.25
Officer Alexander @ $33.85; Building Official
$49.70; Board Secretary @ $28.40; City Attorney
$150.00 (!hour for all)
5/20111 Prepared Board Order for mailing; Secretary @
1.0 Hr
$35.99
$28.40; mailings ($5.44); Fuel ('$2.1.5)
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
pa e 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 /8f 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 Hr
$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 Hr
$51.85
inspection of Water line from new Water meter 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 hearing
1.0 Hr
$33.85
7/21/2016
Code Enforcement ]hoard Hearing; Time for
1.0 Hr
$286.95
Officer Alexander fir, $33.85; Building Official
$49.70; Board Secretary @ $28.40; City Attorney
$175.00 (1 hour for all)
7/16/2016
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 2011096869, OR EK 6392, PAGE 2258 Brevard County Clerk
DATE
DAYS
LIEN A1'vliT.
TOTAL
5/20/1.1
1
$250.00
$250.00
5/21/11
10
$100.00
$1,000.00
6/1/11
30
$100.00
$3,000.00
2/1/11
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
411/12
30
$100.00
$3,000.00
5/1/12
31
$100.00
$3,100.00
6/1/1.2
30
$100.00
$3,000,00
7/1/1.2
31
$100.00
$3,100.00
8/1/1.2
31.
$100.00
$3,100.00
9/1/12
30
$100.00
$3,000.00
10/1/12
31
$1.00.00
$3,100.00
1111/12
30
$1.00.00
$3,000.00
1211/12
31
'$100.00
'$3,100.00
1/1/1.3
31
$100.00
$3,100.00
2/1/1.3
28
$100.00
$2,800.00
3/1/13
31
$100.00
$3,100.00
4/1/13
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
'$100.00
$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
$3,1.00.00
11/1/13
30
$100.00
$3,000.00
1211/13
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
$1.00.00
$600.00
$1.03,250.00
33CPA0 - Property Details
a 0
Pagel of
General Parcel Information
Site Address is assigned by Brevard County Address Assignment for E-911 purposes and may not reflect the postal
community name.
r#T.q7?-31Ff,TF.T7NTTf Mea
Abhroviated Dp&crintian
owner Name: CARRELL DEBORAH
24-37-23-CG-
Acres: 1 0.04
UNIT 209,D
PIERCE
CONDO AS
Second Name:
site Code:[ 0
Parcel ID:
00062.0-0004.04
Millage Code:
1
26GO
1
Exemption:!
1
Use Code: 414
1
Site Address:
209 PIERCE AVE UNIT D, CAPE CANAVERAL 32920 'Tax Il): 2459609
Site Address is assigned by Brevard County Address Assignment for E-911 purposes and may not reflect the postal
community name.
r#T.q7?-31Ff,TF.T7NTTf Mea
Abhroviated Dp&crintian
owner Name: CARRELL DEBORAH
2014 2015
Acres: 1 0.04
UNIT 209,D
PIERCE
CONDO AS
Second Name:
site Code:[ 0
4025 AVALON PARK EAST
Plat
Book/Page-,
Condo Name:
PIERCE
DESC IN ORB
Mailing Address:
BLVD
Assessed Value Non- $33,0801$33,080;$33,080
School:
5624 PG 1776
Assessed Value school: $33,080
0003/0007
CONDOMINIUM
AND ALL
AMENDMENTS
City, State, Zipcode:l-5RLANDO, FL 32828-7702
Additional Homestead:: $0
$0 $0
Other Exemptions: 2 $0
Mir"MITMIMINFIVA
Ewa-Mro rr, Is r I t mol
Roll Year: 2013
2014 2015
Acres: 1 0.04
Market Value Totail: 1 $331080
$33 080 $33,080
site Code:[ 0
Agricultural Market $0
$0 $0
Value:
Assessed Value Non- $33,0801$33,080;$33,080
School:
Assessed Value school: $33,080
.334080 _133,080
Homestead ExempLtion: 2 $0
$0 $0
Additional Homestead:: $0
$0 $0
Other Exemptions: 2 $0
$0 $0
Taxable Value Non-
$33,080
$33,080 $33,080
School:3 1
Taxable Value School:3 $33,0801$33,0801$33,080
1: Market value is established for ad valorem purposes in accordance with s. 1'93.011(1,9 and (8), Florida Statutes. Mals
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.
Sale information
Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potential
marketability of the property.
Condo square -footage may include non-fiving areas such as garages, balconies, porches, etc.
Condo Common Area Detail
I - . 1— 1 , I _'. A
- r' , i- , ,
RCPA0 - Property Details
Page 2 of 2
I Condo # I Condo Name Condo Location
1 1275 1 PIERCE CONDOMINIUM 209 PIERCE AVE, CAPE CANAVERAL, FL 3292)
Building # of Stories
# of Units
Year Bui it Comments
d
E--1 I
I16
1962I
I Exterior Walls Roof Type Roof Material Heating -A/C (majority)
r -Concrete Block Stucco GaWe, Hip Shingle Central
Common Elements
S2rinkler, Fence
Parking Exterior Storage
N/A I NIA
Data Last Updated: Thursday, November 19, 2015- Printed On: Monday, July 11, 2016.
I I'll I I � A 0 11 - - — 0. ..__-T-or I- I A -r 0- -.1- -- 17 /1 1 PIn I r
d�N d1_4
City of uape uanaveral
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
MidFirst Bank
CIO Shelly Schellendberg, Esq.
Community Development
NOTICE OF HEARING
CASE No, 2014-00005
DATE: 7/25/16
Location of the Violation:
7304 Poinsetta Avenue, Cape Canaveral, FL 32920, Parcel ID # 24 -37 -23 -CG -00052.0-0009,03
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August
18, 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 request
for a reduction or release of a Code Enforcement Lien filed against the property of the Respondent(s) as
set forth in the Order Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a
determination as to whether such lien may be reduced or released pursuant to Section 162 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.
Upon review of the application and any testimony presented, the Code Enforcement Board shall by
motion or writing approve, approve with conditions, or deny the application for reduction or release of
lien.
The applicant shall have thirty (30) days in which to comply with the conditions imposed by the Code
Enforcement Board or submit a written appeal as provided herein (Attachment 1). Failure of the applicant
to comply or timely appeal will result in the automatic denial of the application.
DATED this 25th day of July, 2016
Duree Alexander, Code Enforcement Officer
C: Attachment I
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,citlofeaccanaveral,org e-mail: info La)citvofcaDecanaveral.org
ATTACHMENT #1
Chapter 2 Article VI Section 2-260 Application for Satisfaction, release, or reduction, of code
enforcement lien.
(g) Compliance and dghtoLyMeal. The applicant shall have 30 days in which to comply with the conditions
imposed by the code en - ree-meent 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.
(1) If the application is denied, or if the application is automatically denied due to the failure of the
applicant to comply with the conditions imposed by the code enforcement board or timely appeal, the
applicant shall thereafter be barred from applying for a subsequent reduction or release of lien for a
period of one year from the date of denial. During the one-year period, the lien may only be satisfied
and released upon full payment of the fine or penalty imposed in accordance with this division.
(2) The applicant may appeal the code enforcement board's decision to the city council, by filing a
written appeal within ten days of the date of the decision with the city clerk. The notice of appeal shall
state the decision that is being appealed, the grounds for appeal, and a brief summary of the relief being
sought. A nonrefundable filing fee of $ 100.00 shall accompany the notice of appeal. Upon submittal of
a timely appeal, the city manager shall place the appeal 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 any 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 30 days in which to comply with any decision of or condition imposed by the city
council or the application shall be deemed automatically denied and thereafter, the applicant shall be
barred from applying for a subsequent reduction or release of lien for a 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
upon full payment of the fine or penalty imposed in accordance with this division.
(3) When a lien is satisfied as a result of reduced payment 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 error. 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 city
council may approve an application conditioned upon a partial release of lien that releases a city lien from a
specific piece of property. However, the lien will remain in effect and will encumber any other properties
which are subject 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 paid to the city to reduce the amount owned on the
lien. In addition, nothing herein shall prohibit the city manager from releasing a lien, in whole or part, that
was recorded in error by the city. An application shall not be required to release a lien recorded in error,
k,-.1ty of ulape uanaveral
Community & Economic Development
I Nt U I Y Ut- LAHE CANAVERAL,
A Florida municipal corporation,
Complainant,
0
Midfirst Bank
downer of the Property located at:
7304 Poinsetta Avenue,
Cape Canaveral, FL 32920
Case # 2014-00005
F -FN 2n150067,90, OR BK 7281 PAGE 1592,
Eire,,'and Cowl.)
9 Pg."-�,
LEGAL: AVON BY THE SEA PART OF LOTS P& 10 BLK 52 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 dully 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 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, exists or existed upon the Property and was further provided a
reasonable time to correct said violation;
Case # 14-0000,5
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 303,11,
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 entered immediately 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.
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 vioiation(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 V1.
Mailing Address- P,O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
v=,cjtvofcapecanq cral.org e-mail: 'T)f'ofa,citvofea-ne(,anavei-al.orp
Case # 14-00005
DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of November, 2014,
Copies, furnished to:
Micifirst Bank, Respondent
City of Cape Canaveral, Case File
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Chairperson
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222— Fax (321) 868-1247
Ww-w.r;i.tvofcai)ecanaveral.,o,rp, e-mail: ' _)citvn -nner-n,
- I - I—, . .. ......... -11- . i n fo (n , fc q 9%7rrn1
City of Cape Canaveral
CornmunitEconomic Development Department
APPLICANT PROCEDURES FOR AYIP&LYING FOR A REQUEST
OR SATISFACTION OF A CODE ENFORCEMENT LIEN
'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
EnforceTnent 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 ;Fearing and a Code Enforcement Officer will notify
you of the location, date, and time of the scheduled Hearing. Staff strongly req_0kr_kmq!jd u or a
_
rresentativ
eis
- _prqsen lease inifial here
5 The request will be presented to the Code Enforcement Board and the'lloard 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.cj
k is stropy recommended that
ypA be present at this hgri
P te 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 satisfactio orfelease oftbe lien for a period of one (1) year, During that period
the lien may only be saZt*fK'-'d and released upon full payment of the fine or penalty imposed,
Signature of Applicant sllegsnberY3 Date:
7510 N Atlantic Avenue -/P,O. Box 3
Telephone (321) 868-1
i — Cape Canaveral, FL 32920-0326
-,Fax (321) 868 -1247
al: [ It` of'('"ipC"'aT1;'1 \
CODE ENFORCEMENT CASE
APPLICANT: 14 ti
ADDRESS. do �X L
CITY:
NATURE OF VIOLATION(S):
M, k -� S cvov�
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN
A t -n 2 -
APPLICATION FEE; S
DATE: 4141 —(4)
STATE: ZIP:
'Mp'ln-pvy-� ce-
0
ava-L'k- —C�'T � C) � � M" (C'J'�'-(-"
ADDRESS OF SUBJECT PROPERTY:
DATE FINE/LIEN IMPOSED:
AMOUNT:!A-22 + 10Q U /DAY OR TOTAL
COMPLIANCE DATE;
RELIEF REQUESTED: SATISFACTION "DECZ 11—O� ircle one) IF REDUCTIO , TI -M APPLICANT
C?
PROPOSES S2A*a5(%AS THE, AMOUNT OFTI-1E REDUCED FINE,
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED;
(If morc sl)acr, is needed add additional pages) i a --A-rv' "U\ e
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOU1,I) ITTE APPLICATION BE GRANTED:
(If more space is needed add additional pages) o"w
THE REASONS, IF ANY, WI-ly THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE
PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add
additional pages)
ANY ADDITIONAL FACTS OR INFORIVIATION THE APPLICANT DEEMS PERTINENT To THE REQUEST,
INCLUDING BUT NOT LIFTED TO, THE CIRCUMSTANCES THAT EXIST �WUCH WOULD WARRANT THE
REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages)
I
re
Date:
L 6' L Cj A L
STATE OF P 4
COUNTY OF n e- o"s
BEFORE NM the undersigned authority did Personally appear LLL LL&� bE
L-�. as identific' whoprovided
ation, and who after being place under cath, swore or affirmed the
information contained within this application is true and correct.
TINAMARIE MCCUMSER
My COMMISSION # 0 F:F975457 Notary Public 'U
EXPIRES Msrch 27 2020
4W) 3N-olj53
FOR STAFF USE ONLY
APPLICATION FEE: RECEIVED BY CITY ON
COMPLIANCE CONFTRMED BY BUILDING OFFICIAL ON--Aj�� i
CODE ENFORCEMENT REVIEW ON
CODE ENFORCENIENT RECOMMENDATION ATTACHEDYES
ACTION OF CITY COUNCIL: -- APPROVE; DENY;If
APPROVE WITI-I FOLLOWING
SATE OF COUNCIL ACTION:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT; ON OR BEFORE
AL Legal, PLLC
12425 28"' Street N., Ste 200
St. Petersburg, FL 33716
(727) 536-4911
June 2, 201
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:
1. Obtain permit to repair / 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.
111 15028'jw"
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 internally. 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 perinit
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 tbru 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
11115028.9-
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- 15.
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 - S2,500.00 (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 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 Duree 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.
10-21-15 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 Durce 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 - $1.5,614.86 (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 advise when plans go back to the
building department. d
1-15-16 Per Safeguard 3 party engineer delays: porch plans pending, working
09FR1M
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.
3-4-16 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.
Now 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.
4-18-1.6 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 refraining 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 Duree, 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 Townhorne 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
1111502$F
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.
S,holy, Sche'llenberg /1"
-Attorney at Law
Ad
,,�,s
N4
eXL Legal, PLL
DesignatedErn 'lAdreefilinsz(&,exllegal.com
Direct Email Aldress
11115028t-
May 10, 2016
O
city of Cape Canaveral
Community Development Department
RE: REQUEST" FOR LIEN PAYOFF - CASE NO. 2014-00005
A Code Enforcement Lien was filed on 11/20/14 against the property known as 7304 Poinsetta
Avenue, Cape Canaveral, Florida 32920. Brevard County Clerk of Court recorded this Lien on
01113115, CFN 2015006790, in the Official Record Book 7281, Page 1952. The legal in part is
"AVON BY THE SEA PART OF LOTS 9 & 10 BLK 52 AS DES IN ORB 2279 PG 858, PLAT
BK 0003, PG 0007. PI # 24 -37 -23 -CG -00052.0-0009.03. The property was found in compliance
on 4/27/16.
7304 Poinsetta Avenue
CFN 2015006790 OR BK 7281 PG 1592
Case No. 2014-00005
DATE NO. DAYS AMT. TOTAL
11120114
1 Day
$150.00
$150.00
11114
10 Days
$100.00
$1,000.00
12114
31 Days
$100.00
$3,100.00
1/15
31 Days
$100.00
$3,100.00
2115
28 Days
$1.00.00
$2,800.00
3115
31 Days
$100.00
$3,100.00
4/15
30 Days
$100.00
$,3,000.00
5/15
31 Days
$100.00
$3,100.00
6/15
30 Days
$100.00
$3,000.00
7115
31 Days
$100.00
$3,100.00
8/15
31 Days
$100.00
$3,100.00
9/15
30 Days
$100.00
$3,000.00
10/15
31 Days
$100.00
$3,100.00
11115
30 Days
$100.00
$3,000.00
12/1.5
31 Days
$100.00
$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
Total Amt.
�n$2,700.00
$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
www.cityofcapecanaveral.org e-mail: inl'o�cr�,cityo�ecanaveral.org
STAFF COSTS FOR ENFORCEMENT OF VIOLATIONS
7304 PIC7N SETTA AVE CASE NO 2014-00005
DATE
DESCRIPTION
TIME
AMOUNT
1/8114
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)
1123114 Site visit to property; photos; fuel ($2.15).
1.0 hr.
$36.00
7/3/14 Received email from RED Tide Company
I.0 hr.
$33.85
,requesting a copy of Notice of Violation; pulled'
documents.
7/1.1/14 Responded to email stating will conduct a site
.50 hr.
$16.93
inspection of the property.
7/14/14 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.
$3.3.85
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.
9/9/14 Staff filed 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
10/28/14 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)
10/29/14 Prepare Order to Appear; mailing certified
1.0 hr.
$41.54
($5.54); fuel ($2.15)
11/10/14 Received email from Diana Finlason Code
1.5 hr.
$50.78
Compliance Specialist, Safeguard for Midfirst
Mortgage requesting current aunt. of fines.
Responded and provided requested information.
11/20/14 Code Enforcement Board Hearing; Time for
LO 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
1.0 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.
$36.00
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 F—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.
$36.010
8/5/15 Received email from Diana Finlason regarding
.50 hr.
$16.93
the permitted work to start and scope of work.
8/11/15 Site visit to property; photos; fuel ($2.15).
1.0 hr.
$36.00
913/15 Received email from Diana Finlason regarding
.50 hr.
$16.93
property vandalized; all plumbing stolen; wants
to sell property.
9/25115 Site inspection to property; discussed issue with
1.5 hr.
$52.93
Building Official; property search for ownership;
fuel($2.15)
9/28/15 Responded to email Informed cher that City can
.50 hr.
$16.93
not stop sale, but lien will not stop until property
is in compliance.
11/10/15 'Email from Diana Finlason requesting total
1.0 hr.
$33.85
amount of fines to date. Prepared information
and responded.
1214/15 Received telephone call from .Tenn at
50 hr.
$1.6.93
Brananilames Const. responded; discussion
regarding expired permit and structural
engineering.
1/26/16 Received email from Jennifer at Branamjames
.50 hr.
$16.93
Const. regarding renewal of expired permit.'
Responded.
1/26/16 Received email with new engineering; plans for
.50 hr.
$16.93
the exterior siding provided to Building Official
and inspector..
4/8/16 Site inspection of the property dumpster located
1.0 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 frons Diana Finlason regarding
.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
.5o 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 for
.50 hr.
$16.93
siding no results. Also sent email to
Branamjames 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 Branamjames
.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 Jenn at BraDamjames
.50 hr.
$16.93
fir payoff of lien.
5/11/16
Several emails to Jenn and Diana FinlasonI
regarding a ground wire issue at site for A/C.
1.0 hr.
$33.85
5/19/16 Verified compliance; properare letter; Emailed
Jenn at Branarnjames regarding property in,
compliance.
5/20/16 Request to City Manager from Rebecca
Brueckner cXL Legal for records request for this
property. Records search and preparation,
1.0 hr.
1.0 hr.
$33,85
$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 lPrepare details costs of enforcement.
3.0 hr.
$101.55
7/18/16 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 Ca),
$175.00 (1 hr. for all)
LO hr.
$286.95
7/16/16 Preparation of release and recording. Recording�
$10.00
1.0 hr
$43.85
Total Costs
$2,381.86
Property Information: Account #: 2434385
Owners
Brevard County Property Appraiser
Site Address
Government Complex - North
l Address
400 South Street - Titusville, FL 32796
Parcel lD
Phone: (321) 264-6700
A
https://www-��ao.us
Property Information: Account #: 2434385
Owners
Micifirst Bank
Site Address
7304 Poinsetta Ave Cape Canaveral FI 32920
l Address
501 Nw Grand Blvd Oklahoma City Ok 73118
Parcel lD
24 3723 -CG -52-9.03
Property Use
0135 - Townhouse
Exemptions
None
Taxing l
26GO - Cape Canaveral
Subdlvlsion
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
Additional 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
$44,100
Saves History Information
Sale Date
Sale Price
Deed Type
Vacant/Improved
Booll
02/03/2014
$100
OC
False
706310536
05/28/2013
$100
CT
False
698811929
05/09/2013
$100
WD
False
6967/0043
03/30/2009
$100
OC
False
5922/2805
03/30/2009
$100
QC
False
5925/0510
11/01/1998
$38,600
02
False
3929/0481
04/0111998
$100
CT
False
3 83 1101 02
10/30/1990
$62,000
WD
308811830
01101/1981
$52,000
WD
2279/0858
Building Information
Property Data Card #1
Building Use:
0 135 - Townhouse
Year Built:
1980
Building Materials
Building Sub -areas
EXTERIOR WALL
STUCCO
BALCONY
160
FRAME
MASNRYCONC
BASE AREA (1st)
800
ROOF
ASPl SHNGL
BASE AREA (2nd)
640
ROOF STRUICTURE
HIP/GABLE
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 0003/0007
Description Avon By The Sea
Part Of Lots 9 &10 Blk 52 As Des In Orb 2279 Pg 858
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