HomeMy WebLinkAboutCEB AGENDA PKT 09-23-10 t Y
s
0 f
ity apIL; %....anaveral .
�- AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
201 POLK AVENUE
CM OF SEPTEMBER 23, 2010
.
CAPE CANAVFV#AL
7:00 P.M.
F .Call to Order
:
Roll Call
.v 9f
Establish Next MeetingDate: October 21 201.0
,
e
NEW BUSINESS:
1. Approval of Meeting Minutes: July 22, 2010
COMPLIANCE HEARINGS:
1. Case No. 08-00198--Violation of Section 303.1, General; Section 303.4, Structural
Members, of the International Property Maintenance Code, as adopted by Section
82-221, of the City of Cape Canaveral code of Ordinances, (200 W. Central Blvd.)
--Abulghasem &Ahmad Nasajpour Trustee.
2. case No. 10-00025—Violation of Section 505, 'Water System; 505.1, General;
Section 505.3, Supply, of the International Property Maintenance code, as adopted
by Section 82-221; and Section 34-98, Building Appearance & Maintenance;
Section 34-181, Storing, Parking or Leaving on Private Property; Section 110-554,
Parking & Storage of certain Vehicles, of the City of cape Canaveral code of
Ordinances, (108 Tyler Ave.)-- Maryann C. Gattuso & Russell Kaup, Property .
Owners.
p
3. case N010-00029 -Violation of Section 34-95(b)(d , Standards Established;
Section 34-98(4), Building Appearance and Maintenance; and Section 34-153
Enumeration of Prohibited Noises; Section 110-551(g)(h)(i), Location of
Recreational Vehicles, Camping.Equipment, Boats & Boat Trailers, of the city of
Cape Canaveral code of Ordinances; and Section 302.1, Sanitation; Section
505.1, General, of the International Property Maintenance Code, as adopted b
p y
Section 82-221, of the city of cape Canaveral Code of Ordinances, (8103
Magnolia Ave.)—Watson L. Witt 11, Property Owners.
4. case No. 10-06037--Violation of Section 34-96(b)(d), Standards Established; and
l
Section 110-459, Visibility at Intersections, of the city of cape Canaveral
Ordinances; and Section 502, Water Required; and Section 502.1, General, of the
Florida Building Code - Plumbing 2607 edition, as adopted by Section 82.31 of the
City of cape Canaveral Code of Ordinances; Section 301.3, Vacant Structures and
Land; and Section 303.1, General, of the International Property Maintenance code
,
as adopted by Section 82-221, of the city of Cape Canaveral code of Ordinances,
(7521 Magnolia Ave.)-- Michael V. Zucca, Property Owners.
75.10 N.Atlantic Avenue Post Office Box 326 Cape Canaveral, FL 32923-0326
Telephone: (321) 868-1222 Fax: (321) 868-1247
www.myflorida.com/cape email:ccapecanaveral@cfl.rr.com
Code Enforcement Board
Agenda
September 23, 2010
Page 2
PUBLIC HEARINGS;
1. Case No. 10-00057--Violation of Section 504.1, General; 504.3, Electrical
Systems Hazards; Section 302.4, weeds, of the International Property
Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral
Code of ordinances; and Section 38-25, Florida Fire Prevention Code, Adopted;
and NFPA 10, Fire Extinguishers Shall be Certified Annually, (209-215 Pierce
Ave,)-- Fierce Condominium Association, Inc. c/o Pro Manage, LLC, R.A. & Raz
Menahem, R.A.
2. Citation No. 0041 --Violation of Section 82-375, Construction Contracting
Regulation Violation, of the City of Cape Canaveral Code of ordinances; and
Florida Statutes Section 489.132(1), Prohibited Acts by Unlicensed Principals, (703
Solana Shores Dr. Unit 410)-- Robert W. Dane.
Pursuant to Section 285.0105, F.S., the City hereby advises the public that: If a person decides to appeal any
decision made by the Code Enforcement Board with respect to any mutter considered at this meeting, that
person will need a record of the proceedings, and for such purpose that person may need to ensure that a
verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the introduction or admission
into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council,
Board of Adjustment, Planning & Zoning and 1 or Community Appearance Board who may or may not
participate in Board discussions held at this public meeting. Persons with disabilities needing special
assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48
hours in advance of the meeting.
s
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JULY 22, 2010
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on July 22, 2010, in the Cape Canaveral Public Library Meeting Room at 201
Polk Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary
called the roll.
MEMBERS PRESENT
Mary Russell Chairperson
Raymond Viens Vice-Chairperson
James Hale
Ka ren Hartley
Walter Godfrey
Lynn Mars
MEMBERS ABSENT
Ralph Lotspeich
OTHERS PRESENT
Duree Alexander Code Enforcement officer
Joy Lombardi Board Secretary
Todd Morley Building Official
Cate Latorre Assistant city Attorney
The :Board members established that the next meeting would be held on August 19, 2010.
Assistant city Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
I. Approval of Meeting Minutes: May 20 2010.
Motion by :Mr. Hale, seconded by Mr. Viens, to approve the meeting minutes of May 20,
2010, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
July 22,2010
Page 2
COMPLIANCE HEARINGS:
1. Case No. 08-00198—Violation of Section 34-•95 d . Standards Established; and
Section 11 0-335 1 Prohibited Uses and Structures of the Cily of Cape Canaveral
Code of Ordinances; .and Section 303.1 General; Section 303.4 Structural
Members of the International PropeLty PropertyMaintenance code as ado ted bv Section
82--221 of the Citv of Cape Canaveral Code of ordinances (200 W. Central Blvd.
Abul hasem &Ahmad Nasa` our Trustee.
Code Enforcement officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. officer Alexander testified that the violation
is for an unsafe structure. officer Alexander stated that the respondent had obtained a
permit for structural renovations and had an approved footing inspection. However, he did
not call in for a final inspection and the permit expired on May 2, 2010. officer Alexander
further stated that the respondent requested the hearing be postponed until his brother
returned but he did receive proper notification of the hearing.
Chairperson Russell asked if the respondent had the materials on site to correct the
violation. Mr. Morley, Building official, said that it was likely that he did have the materials
on site. Mr. Morley explained that the respondent has installed internal columns. .
Walter Godfrey stated that the respondent has reinforced the building and is making an
effort to bring the building into compliance. He further stated that the building is for
storage of materials and isnot an area where customers would be.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of Section 303.1, General; Section 303.4, Structural Members, of the
International Property Maintenance Code, as adopted by Section 82221, of the City of
Cape Canaveral Code of ordinances and amend the order to give the respondent until
September 23, 2010 to come into compliance or impose the fine as set forth in the Code
Enforcement Board order(seventy-five dollars ($75.00)for the first day and fifty dollars
($50.00) per day thereafter) retroactively beginning on September 21, 2009.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the
respondent in non-compliance and amend the order to give the respondent until
September 23, 2010 to come into compliance or impose a fine in the amount of seventy-
five
y
five dollars ($75.00)for the first day and fifty dollars ($50.0:0) per day thereafter
retroactively beginning on September 21, 2009. Vote on the motion carried unanimously.
2. Case No. 09-00052 —Violation of Section 504 Electrical Facilities:.Section 504.2
Service; Section 604.3 Electrical System Hazards:-Section 505.1 Electrical
Equipment, Installation of the International Property Maintenance Code as
ado pte,d,by Section 82-•22'1• and Section 25032603.4 General --Thermal Barrier
et seq, of the Florida Building Code 2007 edition..,.as adopted by Section 82-31 of
the City of Cape Canaveral Code of ordinances (6850-6890,N. Atlantic Ave. —
Yogi's Food & Discount Beverage, Inc.,-c/o Yo eshkumar S. Patel R.A. & The
Tomato Grille Inc. aka Ti -A-Few clo Edward Li uori R.A.
Code Enforcement officer, Duree Alexander, testified that this Case is in compliance.
Code Enforcement Board
Meeting Minutes
July 22,2010
Page 3
3. Case No. 09-00179--Violation of Section 105.1, Permit Required; and Section
109..1 Inspections General of the Florida Building code 2007 edition as adopted
,by Section 82--31• and Section 110-12, Mechanical Execution of Work of the Cit
of Cape Canaveral Code of ordinances 191 Center Street — MILS Realty,_LLC
c/o JimMorris
Code Enforcement Officer, Duree Alexander, testified that this case is in compliance.
4. Carse No. 10-00001 --Violation of Section 3497 a b 3 Duties and
Responsibilities for Maintenance• and Section 34-98 5 Building, A earance and
Maintenance of the Cit of Cape Canaveral Code of Ordinances 404 Harrison
Ave.)— Phillip N.,Blaha, Life Estate.
Code Enforcement officer, Duree Alexander, testified that this Case is in compliance.
5. case No. 10-00005 -Violation of Section 105.1 Permit Re uired• and Section
109.1 Ins ections General of the Florida Buildina Code as adopted by--Section
82-31 of the City of Ca e Canaveral Code of Ordinances 7522 Ma nolle Ave.)
Dean & Linda S anos Property Owners.
Code Enforcement officer, Duree Alexander, testified that this Case is in compliance.
5. Case No. 10-00025—Violation of Section 505 Water S stem• 505.1 General:
Section 505.3,_Sugply, of the International Pro a Maintenance Code as ado ted
,by,Section 82-221• and Section 3498 Building Appearance & Maintenance;
Section 34-181 Storin Parkin-g-or Leavin on Private Pro ert • Section 110-554
Parkinci & Storage of Certain Vehicles of the Cit of Cape Canaveral Code of
ordinances 108 Tyler Ave. — Marvann C. Gattuso & Russell Kau Pro ert
Owners.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that the violation
is for no water and the condition of the property. Officer Alexander stated that the
respondent has cut the grass; however, there is debris in the yard, the roof has not been
repaired, the vehicles are still there, the window has not been repaired, and there is no
water on the premises.
Mr. Kaup, property owner, testified that the issues would be taken care of if he was not in
dire financial straights. He stated that he was a military veteran and served in two wars
which :have had an affect on him. He further stated that there was false testimony given
during the last meeting regarding a tarp on the car but the fact is that it was a car cover.
Chairperson Russell asked if the car was tagged and operable. Mr. Kaup replied that the
car is operable but not currently tagged. Chairperson Russell asked if he has made any
progress on the list of issues in the Board Order. Mr. Kaup stated that he was collecting
materials. Mr. Kaup further stated that he would repair the window and the roof himself.
Mr. Viens asked if Mr. Kaup had water on the property. Mr. Kaup explained that as a
soldier he could survive in a sanitary manner even without water. The Board explained
that the law requires him to have running water on the:property. Chairperson Russell
asked if the additional time would help. Mr. Kaup stated that he did need more time.
j
3
Code Enforcement Board
Meeting Minutes
July 22,2010
Page 4
Officer Alexander respectfully requested that the Board find the respondents in non-
compliance of the order Imposing Penalty on First Violation and impose the fines in the
amount of one hundred dollars ($100.00)for the first day of non-compliance and seventy-
five dollars ($75.00) per day retroactive to the first day the violations continued to exist
following July 19, 2010.
Discussion followed regarding the amount of time it would take for the respondent to
comply. Officer Alexander stated that if the Board is considering addition time; she
recommended giving the respondents until September 23, 2010.
Motion by Mr. Hale, seconded by Mr. Godfrey, to find the respondent in non-compliance
and be given until September 23, 2010 to come into compliance or impose a fine in the
amount of one hundred dollars ($100.00)for the first day and seventy-five dollars ($75.00)
per day thereafter until found in compliance.
PUBLIC HEARINGS:
1. Case No. 10--00029 -Violation of Section 110-551 h i Location of Recreational
Vehicles Camning E ui men# Boats & Boat Trailers• Section 34-90 b d
Standards Established• Section 34-98(4), Building,Appearance and Maintenance•
and Section 34-153 Enumeration of Prohibited Noises of the Cit of Ca e
Canaveral Code of Ordinances; and Section 302.1 Sanitation• Section 505.1
General of the International Prooedy,Maintenance Code as adopted by Section
82-221 of the City of Ca e Canaveral Code of Ordinances 8103 Magnolia Ave.
—Watson L. Witt 11ProDerty Owners.
Code Enforcement officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. officer Alexander testified that the violation
is for the condition of the property, no water, and no electricity. officer Alexander stated
that she .received a complaint that a generator was operating on the property every night.
She explained that a site visit confirmed a generator was on the property. officer
Alexander further stated that she has not had any contact with the respondent and there
have been no improvements to theproperty.
Officer Alexander respectfully requested that the Board find the respondent in Violation of
Section 34-95(b)(d), Standards Established; Section 34-98(4), Building Appearance and
Maintenance; and Section 34-153, Enumeration of Prohibited Noises; Section 110-
551(g)(h)(i), Location of Recreational Vehicles; and Section 302.1, Sanitation; Section
505.1, General, of the International Property Maintenance Code, as adopted by Section
82-221, of the City of Cape Canaveral Code of ordinances and be given until September
23, 2010 to come :into compliance or impose a fine in the amount of one hundred dollars
($100.00)for the first day and seventy-five dollars ($75.00) per day thereafter until found in
compliance.
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in violation and be given until September 23, 2010 to come into
compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first
day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote
on the motion carried unanimously.
Code Enforcement Board
r
Meeting Minutes
July 22,20 10
Page 5
2. case No. 10-00037—Violation of Section 34-96 b d Standards Established; and
Section 110-469 Visibility-at Intersections of the City of Cape Canaveral
Ordinances; and Section 602 Water Re uired• and Section 602.1 General of the
Florida Building Code 2007 edition as adopted by Section 82.31 of the Cit of
Cape Canaveral Code of Ordinances; Section 301.3 Vacant Structures and Land-
and Section 303.1 General of the international PMerty Maintenance Code as
adopted by Section 82-221 of the Cit of Cape Canaveral code of ordinances
?'521 Ma nolia Ave. -- Michael V. Zucco Property Owners.
Code Enforcement officer, Duree Alexander, provided an overview of the case history
and presented exhibits for the Board's review. Officer Alexander testified that the violation
is for the condition of the property and tenants that are without water.
Michael Zucco, property owner, testified that he has a list of items that needed to be
corrected. He stated that the emergency exit lights and the fire extinguishers were
pillaged, but he has completed repairs them a few days ago. Mr. Zucco further stated that
there is electric in the common area but that he has problems with the tenants illegal hook-
ups to the common area electric; as a result, the electric bills are two hundred dollars per
month and should only be about thirty dollars per month. The tenants have not paid rent
for a year and a half. Mr. Zucco explained that there is no water because the outstanding
water bill is six thousand and seven hundred dollars and he has tried to work out
something with his two tenants since they were not paying rent maybe they would help
with the water but they will not.
Mr. Zucco submitted an estimate for the repairs of the building that include securing
windows & doors, repair/seal roof., trim vegetation in the visibility area, & paint where
needed. He stated that some of the work has been completed and the remaining issues
will be completed in a few weeks. Mr. Zucco explained that the water will be a challenge
but he has intentions to refinance to make improvements and get the water turned on.
Discussion followed.
Officer Alexander respectfully requested that the Board find the respondent in Violation of
Section 34-96(b)(d), Standards Established; and Section 110-469, Visibility at
Intersections, of the City of Cape Canaveral Ordinances; and Section 602, Water
Required; and Section 602.1, General, of the Florida Building code 2007 edition, as
adopted by Section 82-31, of the city of cape Canaveral Code of Ordinances; Section
301.3, Vacant Structures and Land; and Section 303.1, General, of the International
Property Maintenance Code, as adopted by Section 82-221, of the City of cape Canaveral
Code of Ordinances and be given until September 23, 2010 to come into compliance or
impose a fine in the amount of one hundred and fifty dollars ($150.00)for the first day, one
hundred dollars ($100,00) per day thereafter retroactively beginning on July 22, 2010.
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation, with the
omission of the fine being retroactively imposed, and find the respondent in violation and
be given until September 23, 2010 to come into compliance or impose a fine 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 found in compliance. Vote on the motion carried
unanimously.
3
Code Enforcement Board
Meeting Minutes
July 22,2010
Page 5
3. Case No. 10-00047—Violation of Section 110-565 Paving of Vehicular Use Areas
Section 110-492 Location of Spaces; Section 110-3391, off Street Parkin and
Access-,---of the Cit of Ca e Canaveral Code of Ordinances; and NFPA 1 Fire
Lanes of the Florida Faire Prevention Code as adoptedby Section 38-26 of the
City of Cape Canaveral Code of Ordinances 9009 Astronaut Blvd. — Portview Inn
& Suites LLC dba County Inn & Suites c/o Dale L. cox R.A.
Code Enforcement officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. officer Alexander testified that the
respondents were found in violation Section 110-555, Paving of Vehicular Use Areas;
Section 110-492, Location of Spaces; Section 110-339, Off Street Parking and Access;
and Section 110-466, Application of Performance Standards of the City code on May 22,
2010. officer Alexander stated that multiple site visits revealed repeat violations for
parking on the grass and access road.
Bud Burch, General Manager, testified that on April 14, 2008 they were found in violation
of the parking issues and on April 28th Kent Oliver, one of the property owners, wrote a
letter to Todd Morley, Building official, requesting to add two additional roves of paved
parking. Mr. Burch stated the he had revised the SJRWM permit for storm water
concurrency; however, on May 14, 2008 received a letter from the City that they were
unable to approve the request. Mr. Burch further stated that they are asking to resubmit
the request to build 53 neve parking spaces to alleviate the parking issue.
Kent Oliver, Property owner, testified that they had intended to comply with additional
parking but the City denied the request staging that the intended use of cruse parking is not
incidental to hotel use. Mr. Oliver explained that when people rent a room for three days
he can't tell them that they can not leave their car on the property. Mr. Oliver further
stated that they are trying to be competitive with their constituents in the same community
who offer park & cruise. Mr. Oliver explained that they do not charge people for parking; if
they are renting a room they are entitled to park there. Mr. Oliver asked what constitutes
paving.
Mr. Morley explained that the request was denied because the former city Planner, Todd
Peetz, was instructed by the former City Manager that this was not compliant with the
intent of the Code. Mr. Morley stated that the City has since had some change in
personnel and Barry Brown, the current city Planner, has stated that he would welcome
the opportunity to review the parking lot expansion. Mr. Morley also explained what
constitutes minimum paving; stating that asphalt millings is what was used at Manatee
Park and has been deemed sufficient in other projects. Discussion followed.
Officer Alexander respectfully requested that the Board find the respondent a repeat
violator of Section 110-555, Paving of Vehicular Use Areas; Section 110-492, Location of
Spaces; Section 110-339, off Street Parking and Access, of the City of Cape Canaveral
Code of ordinances and impose a fine not to exceed five hundred dollars ($500.00) er
p
day for each repeat violation. Discussion followed.
Motion by Mr. Viens, seconded by Mr. Godfrey, to find the respondent a repeat violator
and be given until October 21, 2010 to come into compliance or impose a fine in the
amount of one hundred dollars ($100.00) per day retroactive to July 22, 2010 until found in
compliance. Vote on the motion carried unanimously.
3
Code Enforcement Board
A
Meeting Minutes
July 22,2010
Page 7
ADJOURNMENT:
There being no further business the meeting adjourned at 9:42 P.M.
Approved on this day of , 2010.
Mary Russell, Chairperson
Joy Lombardi, Board secretary
s
I
_ r
k-Aty of Cape uanaveral
CITY OF
CAPE CANAVERAL
mss'=
Y OF CAPE CANAVERAL -00198SASE No. 209
f= A Florida Municipal Co oration 0
P Corporation., 7.11.311
Complainant,
'W. NOTICE OF IMARIENG
Respondent(s):
Abulghasem&Ahmad Nasajpour
Trustee
Location of the Violation:
200 W. Central Blvd., Cape Canaveral, Fl 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on July 22, 2010 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the
City of Cape Canaveral Library, 201 Polk Avenue,Cape Canaveral,FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding
the violation(s)occurring upon the property of the Respondent(s)as set forth in the Order
Imposing Penalty on First Violation attached as EXHIBIT"A" and shall make a determination as
to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and
Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances.
.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
- g
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
P rtY any
other personal or real property owned by the Respondent(s)which can be satisfied by foreclosure
and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY
APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD
TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF
EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED,
THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND
EVID NCE UPON WHICH THE APPEAL IS TO BE BASED.
T D this 13th 5fjul.y 2010.
Duree Alexander
Code Enforcement Officer
1510 N.Arlanric Avenue 1P Post Office Bax 326 -D Cape Canaveral,FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (32I) 868-1247
Nvww.myflor1da.com/cape email:ccapecanaverai@cfl.rr.com
N
Coinavelal
of IL; CL
ro .:is..';orf' vh ri-F>.wJ`• PZ�h
..........
f
3
77
;"M,
A�
CITY OF
CAPE CANAVERAL
u,•��myin:;'`'.
CODE ENFORCEMEN
`ej--'_yrs T 0&1A R1
FAN
CITY UF CAVE C AVEMAL9 FLORHO&A
THE CITY OF CAPE CANAVERAL,
Case #08-0019.8
A Florida municipal corporation,
Complainant,
V.
Abulghasem & Ahmad Nasajpour
Owner of the Property located at:
200 W. central Blvd.
Cape Canaveral, FL 32920
LEGAL: PART OF GL 3 AS DESC IN ORB 2222 PG 215,2244 PG 1220,2273 PG 317 PAR 787&788
Respondent,
AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
AMENDED AS TO ADDITIONAL TIME
THIS CAUSE having come on for consideration, after beingduly y noticed., before the
Code Enforcement Board
of the City of cape Canaveral, Florida, on July 23, 2009 to determine
whether any violations of the City of cape Canaveral Code
of Ordinances exist yr existed on the
property. The Board, having heard the arguments of the parties and the '
p evidence presented
and having reviewed the'record and being otherwise full advised ma i
of Fact and y makes the following Findings
Conclusions of Law incorporated into this Order as set forth herein.
Flndln s of Fact and Conclusions of Law-
Based
awBased upon the evidence and testimony presented at this hearing, the code
Enforcement Board finds:
�. That Respondent wasa rovided Notice p tice of Violation In accordance with Section
2-258 of the city of cape Canaveral code of Ordinances "Ci "
Ordinances ("City Code") consistent with
sections 162.00 and 102.12, Florida Statutes;
2. That a violation of Section 303.1 General;
the , Section 303..4, Structural Members, of
e International Property Maintenance Code, as adopted b Section 82-
p y 221, of the City code
exist or existed upon the Property and Respondent was furtherr '
correct said p ov�ded a reasonable time to
violation,
7510 N.Atlantic Avenue Post Office Box 326 Ca an
Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 Fax: (321) 868-1247
www.myflorida.comfcape a email: ccapecanaveral@cfl.rr.com
1
Case#08-00198
F
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 wasp rovided
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 303.1, General; Section 303.4, Structural Members., of
the
International Property Maintenance code, as adopted by Section 82-221, 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.
5. Respondent was not present at a duly noticed Compliance Hearing Y .held b the
Code Enforcement Board of the City of Cape Canaveral, Florida on July 22 2010.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until Se tember 23 2010 to correct any violation of the cit
Code on the Property; and Y
2. If Respondent fails to correct the violation within the time period set forth herein
the Code Enforcement officer shall schedule a compliance hearing before the Code'
Enforcement Board and Respondent shall be duly noticed andan iven opportunity 9 pp y to appear
and present evidence as to the status of the violation on the Property. U on a finding b
p g y the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non-Compliance by the code Enforcement officer, in the
amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) }er da
thereafter until the violation is corrected and full compliance is confirmed b the
y Code
Enforcement officer. Respondent shall be responsible to provide notice of such violation
being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of compliance; Any fine im osed pursuant to this ar
a ra h
shall be retroactiveiv imposed be innin on Se tember 21 2009.
3. If Respondent fails to correct an and all violations on the e property within the time
period prescribed herein, the Clerk of the Code .Enforcement Board shall be directed to record
a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
e
as a lien against the Property and any other real* or personalro ert owned by the
Respondent;
p p Y
4. Any and all future recurrences of an violations addressed i
} Y violation(s) d 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 viola i
the Code Enforcement Board, upon finding such repeat violation(s) exist( } shall imps ose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation beginning p g ng on
the first day the repeat violation(s) is 1 are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct an violation
(s)(s) on
Respondent's property, in accordance with Section 182.09, Florida Statutes and City of cape
Canaveral Code, chapter 2, Article VI.
Case#08-00198
r
DONE AND ORDERED at Cape Canaveral, Florida this 22nd da of
y July, 2010,
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russ 1, Chairperson
Copies furnished to:
Abulghasem & Ahmad Nasajpour, Respondent
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing order Imposing g Penalty
on First Violation has been furnished by certified mail to the Respondent s and/or
Respondents authorized representative on this day of2p1 p.
r'
Joy ' mbardi, Board Secretary
Duree Alexander, Code Enforcement officer
N ,<
SM=��� � • •-
Communitytoo
ZM
it
Vol
Development Depa� rent
CITY or
CAPE,CANAVE-FLAL
: -„ - THE CITY OF CAPE CANAVERAL CASE
No. 2010-00025
:sof F, Florida,Municipal Corporation,
P rp ration,
.•.,F„s 9/810
Complainant,
V. NOTICE OF HEARING
Respondent(s):
Maryann C. Gattuso&Russell Raup
Location of the Violation:
108 Tyler Avenue, Cape Canaveral, Fl 32920
A HEARING will be conducted before the Ci of Cape Canaveral
September �' p I Code Enforcement Board
on Se
p er 23, 2010 at 7:00 p.m. or as soon thereafter asossible. The hearing
the City of Cape Canaveral Libra P ng will be held at
p Library, 201 Polk Avenue., Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimonyand evidence eat said hearing regarding
the violation(s)occurring upon the property of the Respondent(s)
as set forth in the Amended
Order Imposing Penalty On First Violation attached as EXHIBIT A and.shall make a
determination as to whether such violations) is/are correctedu
p rsuant to Section 12.07, Florida
Statutes, and Chapter 2,Article VI, of the Ci of Cape�' p Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense
of the Cod a ease at the hearing.
Since the
proceedings e Enforcement Board are legal in nature,you may wish to have
g
legal counsel attend the above referenced hearing.
y
The Code Enforcement Board may enter an Order requiring the o
correct an violations . This � g weer of the Property to
y ) penalty, if not paid, will become a lien on the Property
other personal or real roe owned P �}'and any
property rty by the Respondent(s)which can be satisfied b foreclosure
and sale of said Property and/or other personal or real y
P property.
AN AGGRIEVED PARTY,INCLUDING THE CITY
OF CAPE CANAVERAL, MAY
APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD
TO THE CIRCUIT COURT AS PROVIDED BY THE GENE
EXECUTION RAL LAW OF THE STATE OF
O.F THE ORDER TO BE APPEALED. FURTHER IF AN APPS
THE AGGRIEVED PARTY MAY s AL IS FILED,
NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED.
DAT this 8th day September 2010
Duree Alexander
Code Enforcement Officer
751 o N Atlantic Avenue —P.O. Box 326 —Cape Canaveral FL 32
p 920-032
Telephone (321) 868-1222 —Fax 321 868-1247
www.myflori„da.coni/cage e-mail: cityofca ecanaveral.or
CE �qfC
0fra ape
k-jity
anaveral
�✓s��" vim' �:i*.x
IiN
..........
CITY OF
CAPE CANAVERAL
C D E E nrJ_
T OUAR"D
_-M
C1 F CAOPT CAA NAVERAL, FL0"K`1"Ls)6A
THE CITY OF
r`= - CAPE CANAVERAL
Case #10-00025 A Florida municipal corporation,
Complainant,
V.
Maryann C. Gattuso & Russell Kaup
Owner of the Property located at:
108 Tyler Ave.
Cape Canaveral, FL 32920
LEGAL:AVON BY THE SEA W%2 OF LOT 11 BLK 36 PLAT BOOK 003 PG 007
Respondent,
l
AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
LAMENDED AS TO ADDITIONAL
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 20 2010 to determine
mine
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 evidenceP resented
and having reviewed the record and being otherwise fully advised, :makes the followingFindings
ngs
of Fact and Conclusions of Law incorporated into this order as set forth herein.
Findln s of Fact and Conclusions of Lair
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 ("Citycode" and consis} tent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 505, Water System; 505.1, General; Section 505.3,
Supply, of the International Property Maintenance code, as adopted b Section 82-221
Y , and
Section 34-98, Building Appearance & Maintenance; Section 34-181 Storing,
, Parking or
Leaving on Private Property, Section 110-554, Parkin & Storage of Certain Vehicles,9 g Of the
City code, exist or existed upon the Property and Respondent was further
p provided a
reasonable time to correct said violation;
7514 N.Atlantic Avenue D Post Office Box 326 e Cape Canaveral FL 32920-0326
2� 86 - �' �
Telephone: (3 } $ 1222 Fax: (321) 868-1247
v►rwwmyfloridaxomlcape email:ccapecanaveral@cfl.rr.com
Case#10-00025
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 wasp rovided
notice of hearing before the Code Enforcement Board and was present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 505, Water System; 505.1, General; Section 505.3, Supply,l , of the
International Property Maintenance Code, as adopted by Section 82-221; and Section 34-98
Building Appearance & Maintenance; Section 34-181, Storing, Parking or Leaving on Private
Property; Section 110-554, Parking & Storage of Certain Vehicles, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral code of ordinances.
6. Respondent was present at a duly noticed Compliance Hearing held by the Code
Enforcement :Board of the City of cape Canaveral, Florida on July 22, 2010.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until Se tember 23 2010 to correct any violation of the City
Code on the Property; and
2. If Respondent falls to correct the violation within the time period set forth herein, .
the code Enforcement officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity pp to appear
and present evidence as to the status of the violation on the Property. Upon a finding Y b the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non-Compliance by the code Enforcement officer, in the
amount of one hundred dollars ($100,00) for the first day and seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement officer. Respondent shall be responsible to provide notice of such violation being
g
corrected to the Code Enforcement officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a :Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within
. p p y the time
period prescribed herein, the Clerk of the code Enforcement Board shall be directed to record a
certified copy of this order in the public records for Brevard County, Florida which shall serve
as a :lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violations addressed herein after
violation(s) same
:have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violations 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) .pe:r day for each repeat violation, beginning on
the first day the repeat violation(s) is 1 are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this order and correct an violation
(s)(s) on
Respondents property, in accordance with Section 152.09, Florida Statutes, and City p of Cape
Canaveral Code, Chapter 2, Article VI.
r
Case#10-00025
DONE AND ORDERED at cape Canaveral, Florida, this 22nd day of July, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russ- I , Chairperson
Copies furnished to:
Maryann C. Gattuso & Russell Kaup, 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 .27 day of �L)1 , 2010.
Jay ombardi, Board Secretary
10.
Duree Alexander, code Enforcement officer
vw f;:.
tz
C.E :air f:a6i.•'•3•.'rcfrva i:::::::":'
e"%vzara
a
CommunityDevelopment Department..............
10
.CITY Q�
CAPc CAUAVE"L
...:-•�.�.`'rig-:-t;f'::<.:y ,''".'"'nF.. THE CITY OF CAPE LANAVERA
a CAE 00067
..............
A Florida Municipal��� = -'�- pal Co oration.
s _
8/09/10
Complainant,
V. NOTICE OF HEARING
Respondent(s):
Watson L. Witt,II
Location of the Violation:
81.03 Magnolia Avenue,Cape Canaveral
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on September 23, 2010 at 7:00 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.
P a
The Code Enforcement Board will receive testimony and evidence at said hearing regarding
gthe violation(s)occurring upon the property Yof the Respondent(s)as set forth �n the
Order
Imposing Penalty on First Violation attached as EXHIBIT "A"and shall make a determination�nat�on 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 g
are legal �n 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 P �
p ty, not paid, will become a lien on the Proper and any
y
other personal or real or owned by the Respondents which can be satisfied b
� ) y foreclosure
and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL MAY
APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT
BOARD
TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF
EXECUTION OF THE ORDER TO BE APPEALED. FURTHER IF AN APPEAL
IS FILED,
THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY
AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED this 9"'day of September, 2010
Duree Alexander
Code Enforcement Officer
7510 N Atlantic Avenue —P.O. Box 326— Cape Canaveral FL 3 -
p 2920 0326
Telephone (32.1) 868-1222 —Fax (321) 868-1247
www,nl florida.coin/ca e email; cit ofca ecanaveral,or
y P g
Y
XCE
c'a:is- s'ir`s �y
k-anavera!,
nn �.
CITY of
N,
CAPE CANAVERAL
"CEME"T "ARD
M` r` F
DU
rS.
nY , L FLORIDA
a.:.,
THE CITY OF CAPE CANAVERAL
A Florida municipal corporation., Case #10-00029
Complainant,
V.
Watson L. Witt 11
Owner of the Property located at:
8103 Magnolia Ave.
Cape Canaveral, FL 32920
LEGAL:AVON BY THE SEA E Y2 OF LOT 15&ALL LOT 15 BLK 9 PLAT BOOK 003 PG 097
Respondent,
1
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after beingduly noticed,Y before the
Code Enforcement Board of
the City of Cape Canaveral., Florida, on July 22, 2616 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 thearties and the evidence nce presented
and having reviewed the record and being otherwise full advised mak
y � es the following Findings
of Fact and Conclusions of Law incorporated into this Order as set forth herein.
Findincis of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
�. That Respondent was provided a Notice of
Violation in accordance with Section
2-258 of the City of Cape Canaveral Cade of Ordinances Code" and consistent with
sections 162.06 and 162.12, Florida Statutes
2. That a violation of Section 34-96 b d
� }� ), Standards Established; Section 34-98(4),
Building Appearance and Main .
pp Maintenance- and Section 34-153, Enumeration of Prohibited Noises;
Section 110-551(g)(h)(i}} Location of Recreational Vehicles Camping g Equipment, Baa
is & BoatTrailers, of the City Code; and Section 302.1, Sanitation; Section
505.1, General of the
International Property Maintenance Code, as adopted b. Section 82- ,
p y 221, of the City Code, exist
or existed upon the Property and Respondent was furtherrovided
p a reasonable time to correct
said violation;
75 10 N.Atlantic Avenue Q Post Office Box 326 Cape Canaveral,al, FL 32920-0326
Telepljorae: (32 I) 868-1222 Fax: (321) 868-1247
vrurw.Myflorida.comlcape a email: ccapecanaverai@cfl.rr.corrm
Case#I0-04029
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 wasp rovided
notice of hearing before the code Enforcement:Board and was not present at the hearing;
g
4. That based on the testimony and evidence presented, Respondent has violated
the City code, to wit: Section 34-90(b){d), Standards Established; Section 4 34-98 , Building
g
Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises- Section
110-551(g)(h)(i), Location of Recreational Vehicles, Camping Equipment, Boats & Boata Trailers
of the city code; and Section 302.1, Sanitation; Section 505.1, General, of the International
Property Maintenance Code, as adopted by Section 82-221, of the City code;
5. That said violations exist or existed 'within the city of Cape Canaveral and that
such constitutes violation of the City of cape Canaveral code of ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent,be given until September 23 2010 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein
the code Enforcement officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
PP Y pP
and present evidence as to the status of the violation on the Property. Upon a finding Y b the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non-compliance by the code Enforcement officer, in the
amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the code
Enforcement officer. Respondent shall be responsible to provide notice of such violation being
g
corrected to the Code Enforcement officer. Upon such confirmation, the code Enforcement
Officer shall promptly file a Notice of compliance;
3. If Respondent falls to correct any and all violations on the property within the time
period prescribed herein, the clerk of the code Enforcement Board shall be directed to record a
certified copy of this order in the public records for Brevard county, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violations and that
the Code Enforcement Board, upon finding such repeat violations exists shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
9 g
the first day the repeat violations) is 1 are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this order and correct an violation(s)(s) on
Respondent's s property, in accordance with Section 102.09, Florida Statutes, and City p of.Ca e
Canaveral code, Chapter 2, Article Vl.
3
f
Case#10-00029
x
DONE AND ORDERED at cape Canaveral, Florida, this 22nd day yof Jul , 2010.
CODE ENFORCEMENT BOARD of THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russ 1, Chairperson
Copies furnished to:
Watson L. Witt 11, Property owner
City of Cape Canaveral, Case File
hereby certify that a true and correct copy of the above and foregoing order Imposing Penalty
P g Y
on First Violation has-been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this z-7 day of 7-u , 2010.
Jo C&nbardi, Board Y Secretary
,
Duree Alexa n er, C!de Enforcement officer
3
y,.a ,mss
o AOh
vei a
r.
. ..........
4"
Community Development Department
CITY OF
CAFE CANAVE"L
THE CITY OF CAPE CANAVERAL CASE No. 2010-00037
F: A Florida Municipal Corporation,
9/9/10
Complainant,
V. NOTICE OF HEARING
Respondents):
Michael V.Zucco
Location of the Violation:
7521 Magnolia Avenue,Cape Canaveral, Fl 32920
A HEARING will.be conducted before the City of Cape Canaveral Code Enforcement Board
on September 23, 2010 at 7:00 p.m, or as soon thereafter as possible. The hearing will be held at
the City of Cape Canaveral Library,20.1 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding
the violation(s)occurring upon the property of the Respondent(s)as set forth in the Order
Imposing Penalty on First Violation attached as EXHIBIT "A"and shall make a determination as
to whether such violation(s) is/are corrected pursuant to Section 162.07,Florida Statutes, and.
Chapter 2,Article VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
Since the proceedings of the Code Enforcement Board are legal in nature, ma ou wish to have
y y
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).I This penalty, if not paid,will become a lien on the Property and any
other personal or real property owned by the Respondent(s)which can be satisfied by foreclosure
and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY,INCLUDING THE CITY OF CAPE CANAVERAL, MAY
APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD
TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF
EXECUTION OF THE ORDER TO BE APPEALED. FURTHER,IF AN APPEAL IS FILED,
THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHHICH INCLUDES THE TESTIMONY AND
EV ID NCE UPON WHICH THE APPEAL IS TO BE BASED.
D D this 9th eptember 2010
Duree Alexander
Code Enforcement Officer
7510 N Atlantic Avenue —P.O. Box 326—Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 —Fax (321) 868-1247
ww-w-niyflorida.com/cape e-mail: cityofcapecanaveral.or
1
_ c IeNY✓,,..
XCE
�c.,r w zL:r h:'✓... ulty (at ape
n ave.AL
inr
_ f S
CITY OF
CAPE CANAVE RAL
l•"'skfy ENFORCEMENT
[r'.`� m.F:•YVii.
CITY OF CAPP"' CANAVER"AL
LJ
THE CITY O F CAPE CANAVERAL, case #10-000
J 37
A Florida municipal corporation,
Complainant,
V.
Michael Zucco
Owner of the Property located at:
7521 Magnolia Ave.
Cape Canaveral, FL 32920
LEGAL:AVON BY THE SEA LOT 15 EX N 56 FT&LOT 16 EX N 56 FT SLK 43 PLAT BOOK 663 PG 667
Respondent,
1
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the city of Cape Canaveral, Florida, on July 22, 2010 to determine
whether any violations of the City of cape Canaveral code of ordinances exist or existed on the
property. The Board, having heard the arguments of the parties and the evidence presented
and having reviewed the record and being otherwise fully advised, makes the following Findings
of Fact and Conclusions of Law incorporated into this order as set forth herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the city of Cape Canaveral Code of ordinances ("city code") and consistent with
sections 162,06 and 162.12, Florida Statutes;
2. That a violation of Section 34-96(b)(d), Standards Established; and Section 110-
469, Visibility at Intersections, of the city code; and Section 602, Water Required; and Section
602.1, General, of the Florida Building Code 2007 edition, as adopted by Section 82-31, of the
City Code; Section 301.3, Vacant Structures and Land; and Section 303.1, General, of the
International Property Maintenance code, as adopted by Section 82-221, of the.city code, exist
or existed upon the Property and Respondent was further provided a reasonable time to correct
said violation;
7510 N.Atlantic Avenue Post Office Box 326 o Cape Canaveral, FL 32920-0326
Telephone: (32 Z) 868-1222 o Fax: (321) 868-1247
www.myflorida.com/cape email: ccapecanaveral@cfl.rr.com
Case#10-00037
j
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 wasp rovided
notice of hearing before the Code Enforcement Board and was present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the city Code, to wit: Section 34-95(b)(d), Standards Established; and Section 110-459,
Visibility at Intersections, of the city code; and Section 502, Water Required; and Section
002.1, General, of the Florida Building code 2007 edition, as adopted by Section 82-31, of the
City code; Section 301.3, Vacant Structures and Land; and Section 303.1, General, of the
International Property Maintenance code, as adopted by Section 82-221, of the city code;
5. That said violations exist or existed within the city of cape Canaveral and that
such constitutes violation of the City of Cape Canaveral code of ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent-be given until September 23 2010 to correct any violation of the city
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the code Enforcement officer shall schedule a compliance hearing before the code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non-Compliance by the code Enforcement officer, in the
amount of one hundred 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 shall be responsible to provide notice of such violation being
corrected to the Code Enforcement officer. Upon such confirmation, the code Enforcement
Officer shall promptly file a Notice of compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the code Enforcement Board shall be directed to record a
certified copy of this order in the public records for Brevard county, Florida, which shall serve
as a lien against the Property and any other real or personalro ert owned b the
Respondent;
p p y y
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the code Enforcement Board
without necessarily providing Respondents) an opportunityto correct such violations 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' 9 g on
the first day the repeat violation(s) is l are found to exist.
5. The code Enforcement Board hereby reserves the right to take further necessary
ry
action against the Respondent(s) to enforce this order and correct any violation(s) on
Respondent's property, in accordance with Section 152.09, Florida Statutes, and City of Cape
Canaveral code, chapter 2, Article VI.
Case#10-0003 7
DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of July, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russe , Chairperson
Copies furnished to:
Michael zucco,'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 2 7 day of -:S-o ..12010.
r
j OY170mbardi, Board Secretary
r•
puree Alexander, code Enforcement officer
C
d
3
, .; ,`iap peala av U1
O.
Community Development Department
CITY OF
CAPE CANAVr-RAL
E CITY OF CAPE CANAVERAL CASE No. 2010-00067
A Florida Municipal Corporation,
a 9/13/10
Complainant,
p ant,
V. NOTICE OF IMARING
Respondent(s):
209-215 Pierce Avenue, Cape Canaveral, Fl
Location of the Violation:
Pierce Condominum Association, Inc.
CIO Pro Manage, LLC R.A.
C/o Raz Menahem, R. A.
A HEARING will be conducted before the Ci of Cape Canaveral Code
City p Enforcement Board
on September 23, 2014 at 7:00 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 hearingregarding
g arg
the violation(s)occurring upon the property of the.Respondent(s)as set forth in the Notice of
Violation attached as EXHIBIT "A" and shall make a determination as to whether such.
violation(s)is/are corrected pursuant to Section 162.07, Florida Statutes,and Chapter 2 Article
VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
g
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 Propertyand
any
other personal or real property owned by the Respondent(s)which can be satisfied by foreclosure
and sale of said Property and/or other personal or real property,
AN AGGRIEVED PARTY,INCLUDING THE CITY OF CAPE CANAVERAL, MAY
APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD
To THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF
EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED
HE.AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DAT r D this 13th day of September 2010
Duree Alexander
Code Enforcement Officer
7510 N Atlantic Avenue —P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 —Fax (321) 868-1247
tiy"wplyflorida.,corn/ca-De e-mail: cityofcapecanaveral.org
h
'':�'' :;•,.,taw:"rs j�:,
f .....V
XCE
ITO AOL
Community Development D
CODE ENFORCEMENT p � CEMET Bo
CITY OF CAPE CANAVERAL9 FLORIDA
CITY or
CAPE CANAVE"t.
NOTICE OF VIOLA'T'ION
�,✓.� syr��,,.;.,::..,..
=y Y,fz n•'.,,(.'.,';:A;,:;;.-_;;<':::i':... THE CITY of CAPE CANAVERAL
Case N 0-00067
o. 2�1
A F1 r
ori d
a Municipal
or
orat�oia
P � 6124110
Complainant,
V.
Owner(s)of the property located at:
209-215 Pierce Avenue, Cape Canaveral
Respondent(s);
Pierce Condo. Assoc., Inc.
CIO Pro Manage LLC R. A.
CIO Raz Menahem,R. A.
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of
Cape Canaveral Code of Ordinances, the undersigned Code Enforcement officer hereby gives
notice of violation(s) of the City of Cape Canaveral Code ordinances, as more specifically
P y
described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the
violation(s)described below is/are to be voluntarily performed within fifteen (15)days.
In the event that the violation(s) is/are not corrected within the time period set forth above or
the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing
Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the
City of Cape Canaveral,and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s)to correct the
violation(s) and penalties may be assessed up to $250 per day for each first violation or up to
$500 per day for each repeat violation described in this notice until the violation(s)haslliave been
corrected.. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE
ENFORCEMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s)exist(s):
209-215 Pierce Avenue, Cape Canaveral, FI 32920
2. Name and address of owner(s)of property where violation(s)exist:
Pierce Condominium Association, Inc.
CIO Pro Manager LLC, R. A.
503 N. Orlando Avenue, Ste 205, Cocoa Beach,Fl 32931
Pro Manage, LLC
C/O Raz Menahem,
503 N. Orlando Avenue, Ste 2051, Cocoa Beach, FI 3293.1.
7510N Atlantic Avenge —P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1221 —Fax (321) 799-3170
www.iii f1 ori da.comle a. e e-mail: ccapecanaveral@cfl..rr.com.
Page 2
l0-00067
Several violations had been addressed at the property address listed above. The violations
have been listed below.
I Description of viiolation(s) at property: Sec. 82-22 1. International Property
. p y
Maintenance Code adopted.
The International Property Maintenance Code, 1998 edition, as published by the
International Code Council, is hereby adopted by reference and incorporated herein as if
fully set out.
IPMC Sec 504.1, General. All plumbing fixtures shall be properly installed and
maintained in working order, and shall be kept free from obstructions, leaks and defects
and be capable of performing the function for which such plumbing fixtures are designed.
All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
IPMC Sec 604.3, Electrical system hazards. where it is found that the electrical
system in a structure constitutes a hazard to the occupants or the structure b
p y reason of
inadequate service, improper fusing, insufficient outlets, unproper whin or installation
deterioration or damage,.or for similar reason,the code off tial shall re wire the defects to
. q
be corrected to eliminate the hazard.
IPMC Sec 302.4, weeds. All premises and exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be
prohibited. weeds shall be defined as all grasses, annual plants and vegetation, other than
p g � an
trees or shrubs provided; however, this term shall not include cultivated flowers and
gardens.
FFPC, Sec. 3 8-26. Florida Fire Prevention Code--Adopted.
The Florida Fire Prevention Code and the life safety code adopted by the state fire
marshal, Florida Statute 633.025 (1), Minimum fire safety standards, is adopted b
p y
reference as though it were copied in this article in full.
NFPA 10, Fire extinguishers shall be certified annually,
4. Recommendation(s) to correct the violation(s) described above:
Repair the exposed electrical located at the back of building 213, near the irrigation
station. Repair the broken sewer connection located at the back of 211 Pierce Avenue
Unit D. Mow the entire property to include removal of the dead vegetation and
overgrowth. Trim all trees and remove any and all debris.
Failure to comply within fifteen ( days from receipt of this Notice shall result
in further action, as outlined in the previous �
pag e s) of this Notice of violation.
If you have any questions regarding this Notice of Violation of the
recommendations contained herein, do not hesitate to contact the below o
signed de
g
Enforcement Officer at the City of Cape Canaveral 321 868-1222.
Y
,V r
Duree Alexander µ
Code Enforcement Officer
rrc�G�.✓:I iZw TS� .
:z ' ';�.'._„-�.icy rr.s••:
Grp' .;'.y���sr?r:�✓,,r.;=r:'.
jap
o Cram/ Cana V %,jL al
.....
�".-�`.;�•tip• �+ ���;�•.r�.'^'x;;,.".:.-';';::';;" � '
. ...........
.........
r
q S y..
FN .... y
Commun*ty Development Department
r#
Ciry op
CAPe CAkAvERAL
THE CITY OF CAPE CANAVERAL
Construction Contractor Citation No, 0041
A Florida Municipal n l c 1 a
l Corporation,
u9/8/10
............ Complainant,
V. NOTICE 0E HEARING
Respondent(s):
Robert W. lane
16.54 Arthur Avenue,Melbourne, Fl 32935-5102
Location of the Violation:
703 Solana Shores, Unit 410, Cape Canaveral,F132920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on September 23, 2010 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at
the City of Cape Canaveral Library,201 Polly Avenue,Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said bearingregarding
g g
the violation(s)occurring upon the property of the Respondent(s)as set forth in the Construction.
Contractor Citation 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 Chap ter 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.
g
Since the proceedings of the Code Enforcement Board are legal in nature, ma ou wish to have
y y
legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property p rty to
correct any violation(s). This penalty, if not paid, will become a lien on the Property d
P �Y anany
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 IS FILED
E AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND
EVI. CE UPON WHICH THE APPEAL IS TO BE BASED.
D T this 8t er 2010
D e Alexander _.
Code Enforcement Officer
7510 N Atlantic Avenue—P.O. Box 326 —Cape Canaveral FL 32920-0326
Telephone (321) 868-1222 —Fax (321) 868-1247
NArwiv.myfl orida.corn/caye e-mail: cit ofca ecanaveral.or
Y p g ,
CONSTRUCTION CONTRACTOR CITATION0041
C'.TATIO N NO.
ISSUING AGENCY:. CITY OF §&2-375 et. seq. City of Cape Canaveral Code; and/or
CARE CANAVERAL §489.12.7, and or §489.132(l), Florida Statutes.
The undersigned certified that,upon personal investigation,he/she has reasonable and probable grounds to believe,and does believe,that on:
Da ❑f the Week: MMonth: t Da : Year. -C I Ti me: �� AM M
First Name; e43 � M.I.: Last Name:
-
Street Address:
__J__'
City: uT) 2AMLCState: 1= - ------- Zip Code: L
Phone No.: D.O.B.: -:5 q, Race: Sex: R ]Height:
Did commit §82-375 et.seq.City of Cape Canaveral Code-Construction Contracting Regulation Violation.
a violation of: ❑ § 9.127 Florida Statutes. Prohibitions(Contracting Contrary to Regulations of Professions and occupations).
§489.1j2(1) F '
londa Statutes.Prohibited acts by unlicensed principals hof QuaLified Construction companies).
Facts constituting Reasonable and PrM Cause: OP Vy.,
Location of Violation: ,�-•-.
__"
Penalty:$500.00 fo ch violation.K.',"uch violation shall continue shall be deemed to constitute a separate infraction.
Signature of Officer: ;
g Time of Issuance: ❑ AM
Print Name/Title of Officer: �� - Date of Issuance:
Issued by: Certified Mail, Return Receipt Requested
❑ Hand Delivery to Violator
❑ Hand Delivery to Family Member at Residence(15 yrs.or older)Specify Person:
NOTICE TO VIOLATOR
This Citation is issued pursuant to to §82--375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat.
Any person who is issued and receives this Citation shall immediately cease the act for which the Citation was
issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has
been issued and elect either to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City
of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash
(do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at
105 Polk Avenue, Cape Canaveral, FL 32920.You must include a copy of this Citation with your payment;
OR
(2) Within (10)days of receipt of this Citation, not including weekends and legal holidays,request an administrative
hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the
applicable procedures set forth in the Cape Canaveral Code.All such requests for a hearing shall be made in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shall constitute a waiver of the violator's right to a hearing and such
waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation.If the Code
Enforcement Board finds that a viotation exists, the Code Enforcement Board may order the violator to:pay a civic
penatty of not less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation.
The above remedies are not exclusive
Any unlicensed person violating subsections 489.127 or 489.132 commits a misdemeanor of the first degree upon first
offense.Any unlicensed person,having previously been found guilty of violating subsection 489.127(1)commits a felony
of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(1)
during the existence of a state of emergency declared by executive order of the Governor, commits a
felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes.
Your signature below does not constitute an admission of guilt; however, willful refusal to sign and accept this
Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jail as provided by
§775.082 or §775.083, Fla.Stat.
Signature of Violator: Date:
Original-To be Retained by the Cape Canaveral Code Enforcement Board EXHIBIT "A"
Yellow Copy-To be Retained by Vio[ator
Pink Copy-To be Retained by City