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AGENDA
z. CODE ENFORCEMENT BOARD
CITCA OF
CANAVERAL AVERA
REGULAR MEETING
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max, p g 201 POLK AVENUE
NOVEMBER 18 2010
Aµ 7:00 P.M.
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Call to Order
Roll Call
Establish Next Meeting Date: January 20, 2011
NEVA BUSINESS:
1. Approval of Meeting Minutes: October 21, 2010
COMPLIANCE HEARINGS:
1. Case No. 09-00229—Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82-31, of the City of Cape Canaveral Code of Ordinances, (200 International Dr.
Unit 509) --Aiden & Denise Pitard, Property Owners.
2. Case No. 10-00029 -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 by
Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8103
Magnolia Ave.) --Watson L. Witt 11, Property Owner.
PUBLIC HEARINGS:
1. Case No. 09-00203 - Violation of Section 34-98(4), Building Appearance and
Maintenance, of the City of Cape Canaveral Code of Ordinances, (533 Adams
Ave.)— FGT MGT, LLC, c/o Jerome V. Grue, R.A.
2. Case No. 10-00014—Violation of Section 34-95(b)(d), Standards Established;
Section 34-97(a)(1)(7), Duties and Responsibilities for Maintenance; Section 34-
98(4), Building Appearance and Maintenance; Section 34-122(a), Public Nuisances
Prohibited; and Section 82-371, Posting and Specifications of Numbers, of the City
of Cape Canaveral Code of Ordinances; and Section 303.4, Structural Members;
Section 504.3, Electrical System Hazards; and Section 505.1, Installation, of the
International Property Maintenance Code, as adopted by Section 82-221, of the
City of Cape Canaveral Code of Ordinances, (402 Madison Ave) -- Rochelle C.
Medlin, Trust, c/o John M. Edwards.
7510 N.Atlantic Avenue o Post Office Box 326 o Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 a Fax: (321) 868--1247
w-vvw.myflorida.com/cape m email.: ccapecanaveral@cfl.rr.eom
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Code Enforcement Board
Agenda
November 18, 2010
Page 2
3. Case No. 10-00058 --Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82-31, of the City of Cape Canaveral Code of ordinances, (8401 N. Atlantic Ave.
Unit E1) --James Souza, Property owner.
4. case No. 10-00090 - Violation of Section 34-98(4), Building Appearance and
Maintenance; and Section 34-99(l)(2) Landscape, Appearance, and Maintenance,
of the City of Cape Canaveral code of ordinances, (201 Taylor Ave.)-- David W. &
Mary L. Davis, Property Owners.
Pursuant to Section 286.01 06, F.S., the city hereby advises the public that: If a person decides to
appeal any decision made by the Code Enforcement Board with respect to any matter considered
at this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the city for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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.
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CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
OCTOBER 21, 2010
7:00 PM
A Regular Meeting of the Code Enforcement Board of the city of cape Canaveral,
Florida was held on October 21, 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
Karen Hartley
Ralph Lotspeich
Lynn Mars
MEMBERS ABSENT
Walter Godfrey
OTHERS PRESENT
Duree Alexander Code Enforcement officer
Joy Lombardi Board Secretary
Todd Morley Building official
Kate Latorre Assistant city Attorney
The Board members established that the next meeting would be held on November 18,
2010.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Ap,p,roval of Meetin Minutes: Se tem ber 23 2010.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of
September 23, 2010, as written. Vote on the motion carried unanimously.
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i
Code Enforcement Board
Meeting Minutes
October 21,2010
Page 2
COMPLIANCE HEARINGS:
1. Case No. 10-00029 - Violation of Section 110-55 h i Location of
Recreational Vehicles Camping E ui ment 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 Cape Canaveral code of Ordinances; and Section 302.1, Sanitation; Section
505.1 General of the International ProiDerty Maintenance code as ado ted b
Section 82-221, of the cit of Cape Canaveral code of ordinances 8103
Magnolia Ave. --Watson L. Witt 11 Property owners,
Code Enforcement Officer, Duree Alexander, provided an overview of the case history
and presented exhibits for the Board 7s review. officer Alexander testified that the
respondent is working to correct the violations on the property and would like to request
additional time for compliance.
Mr. Watson Witt Il, property owner, testified that he is working to clean-up the property
and repair the pool but needs additional time to comply.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance 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
amend the order to give the respondent until November 18, 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. Viens, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in violation and be given until November 18, 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.
4. case No. 10-00047—Violation of Section 11 0-555Pavin of Vehicular Use
Areas-, Section 110-492 Location of Spaces: Section 110-339 Off Street Parkin
and Access of the cit of Cape Canaveral code of Ordinances: and NFPA 1
Fire Lanes of the Florida Fire Prevention Code as adopted bv Section 38-20 of
the Cit of Ca e Canaveral Code of Ordinances 9009 Astronaut Blvd,
Portview Inn & Suites LLC dba count 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
respondent has applied for a permit to expand their parking lot to add 53 additional
spaces. Officer Alexander stated that the application is under review by City staff.
x
s
Code Enforcement Board
Meeting Minutes
October 21,2010
Page 3
Jerry Saunders, Chief Engineer for Country Inn & Suites, stated that he is the general
contractor applying for this permit. He explained the proposed parking and landscape
plan and asked for additional time to
complete the work. Mr. Saunders stated that, once the permit is issued, the work should
be complete within (30) thirty to (50) sixty days. Mr. Saunders further stated that they
have posted four"no parking" signs but two have been pulled up.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance 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 amend the board order to give the respondent until
April 21, 2011 to come into compliance or impose a fine not to exceed five hundred
dollars ($500.00) per day for each repeat violation. Discussion followed regarding the
fine being retroactive as set forth in the previous board order.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation as
amended, and find the respondent in non-compliance and be given until April 21, 2011
to come into compliance or impose a fine not to exceed five hundred dollars ($500.00)
per day retroactively beginning on July 22, 2010 until found in compliance. Vote. on the
amendment and the motion carried unanimously.
PUBLIC HEARINGS:
1. Case No. 09-00229--Violation of Section 105.1 Permit Required,--and Section
109.1 Inspections General of the Florida Building Code as adopted by Section
82-•31 of the City of Cape Canaveral Code of ordinances 200 International Dr,
Unit 509 --Alden & Denise Pitard -Propertyowners.
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 work without a permit. officer Alexander stated that the permit expired
without a final inspection.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 105.1, Permit Required;, and Section 109.1, Inspections General, of the
Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral code
of ordinances and be given until November 18, 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. Viens, seconded by Ms. Hartley, to accept staff's recommendation and
find the respondent in violation and be given until November 18, 2010 to come into
compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first
day and seventy-five dollars ($x'5.00) per day thereafter until found in compliance. Vote
on the motion carried unanimously.
x r
Code Enforcement Board
Meeting Minutes
October 21,2010
Page 4
2. Case No. 10-00061 ---Violation of Section 105.1 Permit Re uired• and Section
109.1 Inspections General of the Florida Buildinq Code as adopted by Section
82-31 of the City of Cape Canaveral Code of ordinances 8921 Lake Dr. Unit
13505 —Thomas & Sabine Swindal 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 work without a permit. officer Alexander stated that an air conditioner
system was installed without a permit.
Following the property owner's receipt of the notice of violation, a contractor obtained a
permit and an approved final inspection to resolve the violation.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the
Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code
of ordinances to establish the violation.
Motion by Mr. Lotspeich, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation. Vote on the motion carried unanimously.
3. Case No. 10-00068---Violation of Section 105.1 Permit Required,--and Section
109.1 Inspections General of the Florida Building Code as ado ted by Section
82-31 of the City of-Cape Canaveral Code of ordinances 8401 N. Atlantic Ave.
Unit El)--James Souza, Property_Owner.
Code Enforcement officer, Duree Alexander, requested that this Case be withdrawn
from the agenda. officer Alexander staffed that the respondent did not receive proper
notification.
ADJOURNMENT:
There being no further business the meeting adjourned at 7.55 P.M.
Approved on this day of , 2010.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
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CITY OF
. - E CITY OF CAPE CANAVERAL -00229CASE No. 2009
A Florida Municipal Corporation, 11.105110
-------------
Complainant,
V. NO'T'ICE OF HIEARING
Respondent(s):
Alden &Denise Petard
.Location of the Violation-.
200
200 International Drive, Unit 609, Cape Canaveral
A COMPLIANCE HEARING-will be con-ducted.before the City of Cape Canaveral.Code
Enforcement Board on November 18,2010 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.
Since the proceedings of the Code Enforcement Board are legal in nature,you may wish to have
legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an order requiring the owner of the Property to
correct any violation(s). This penalty, if not paid, will become a lien on the Property and any
other personal or real property owned by the Respondent(s)which can be satisfied by foreclosure
and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL,MAY
APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE:ENFORCEMENT BOARD
TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF
EXECUTION OF THE ORDER To BE APPEALED. FURTHER,IF AN APPEAL IS FILED,
THE AGGRIEVED PARTY MAY NEED To ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS To BE BASED,
DATED this 5th day of November, 2010
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Code Enforcement Officer
7510 N Atlantic Avenue—P.O. Box 326 —Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 —Fax (321) 868-1247
wwwmyflorida.com/cape e-mail: cltyofcapecanaveral.org
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THE CITY OF CAPE CANAVERAL, Case x#09-00229
A Florida municipal corporation,
Complainant,
V.
Aiden & Denise Pitard
Owner of the Property located at:
_______-------- 200 International Dr. Unit 009
Cape Canaveral, FL 32920
LEGAL:CANAVERAL BAY CONDO PH VI AS DESC IN ORB 2605 PG 821 AND ALL AMENDMENTS THERETO
Respondent,
ODDER 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 October 21, 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
2258 of the City of Cape Canaveral Code of ordinances ("City Code") and consistent with
sections 102.05 and 152.12, Florida Statutes;
2. That a Violation of Section 1 05.1, Permit Required; and Section 1 09.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31, 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: (321) 868-1222 a Fax: (321) 868-1247
www.myflorida.com/cape o email:ccapecanavera.l@cfl.rr.com
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Case#09-44229
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: Violation of Section 1 05.1, Permit Required; and Section 1 09.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31, 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.
BASEL] UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until November 18, 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 dollars ($100.00) for the first day and seventy-five dollars ($x"5.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the clerk of the code Enforcement Board shall be directed to record a
certified copy of this order in the public records for Brevard county, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is 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 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.
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Case#09--00229
DONE AND ORDERED at Cape Canaveral, Florida, this 21 st day of October, 2010.
CODE ENFORCEMENT BOARD of THE
CITY OF CAPE CANAVERAL, FLORIDA
F
Mary Russ , Chairperson
Copies furnished to:
Alden & Denise Pitard, 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 e26 day of 06 zo , 20'10,
Joy mbardi, Board secretary
puree Alexander, dode Enforcement officer
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110Florida Munici al Corporation,RE
Complainant,
V.
Respondent(s):
Watson L. Witt,II
Location of the Violation:
8103 Magnolia Avenue, Cape Canaveral
A COMPLIANCE HEARING will be conducted before the City of. Cape Can-averal Code
Enforcement Board on November 18, 2010 at 7:00 p.m. or as soon thereafter as possible. The
heart'-ng Will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral.,
FL 32920. F
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 Second
.Amended Order Imposing Penalty on First Violation (Amended as to additional time) attached as
EXHIBIT "A" and shall .make a determination as to whether such violation(s) is/are corrected
pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape
Canaveral Code of ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have
legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an order requiring the owner of the Property to
correct any violation(s). This penalty, if not paid, will become a lien on the Property and any
other personal or real property owned by the Respondent(s)which can be satisfied by foreclosure
and sale of said Property and/or other personal or real property.
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.
DA this 5"'dav of vember, 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
www.myflori*da.com/cai)e e-mail.- eltyofcapecanaveral.org
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CITY OF CANAVERAL, FLORIDA
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THE CITY OF CAPE CANAVERAL, Case #10-00029
A Florida municipal corporation,
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 10 BLK 9 PLAT BOOK 093 PG 907
Respondent,
1
SECOND AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
AMENDED AS TO ADDITIONAL T11�E
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 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
r 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; 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 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, exist
or existed upon the Property and Respondent was further provided a reasonable time to correct
said violation;
7510 N.Atlantic Avenue o Post Office Box 326 o Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 a Fax: (321) 868-1247
wvvw.myflorida.com/cape o email: ccapecanaveral@cfl.rr,com
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Case#10-00029
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 34-96(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 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.
6. Respondent was present at a duly noticed Compliance Hearing held by the Code
Enforcement Board of the City of Cape Canaveral, Florida on September 23, 2010.
7. Respondent was present at a duly noticed Compliance Hearing held by the Code
Enforcement Board of the City of Cape Canaveral, Florida on October 21, 2010
BASER UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until November 18,__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 dollars ($100.00) for the first day and seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all-violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is 1 are found to exist.
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Case#10-40029
5. The code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this order and correct any violation(s) on
Respondent's property, in accordance with Section 102.09, Florida Statutes, and city of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 21 st day of October, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
RID
Mary Russ , Chairperson
Copies furnished to;
Watson L. Witt 11, Property owner
City of cape Canaveral, case File
1 hereby certify that a true and correct copy of the above and foregoing Amended order
Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s)
and/or Respondent's authorized representative on this .,5 day of ��"�� �"
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Joy l?6mbardi, Board Secretary
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Duree Alexander, code Enforcement officer
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N . OTS � HEARING
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CAPE CANAvr_P►L.
THE
:N CITY OF CAPE CANAVERAL CASE No. 2009--00203
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5110 00,
Complainant,
V.
Respondent(s):
FGT MGT,LLC
C/O Jerome V. Grue, R.A.
Location of the Violation:
630.Adams Avenue, Cape Canaveral,Fl 32920
A HEARING will be conducted before the City of Cape Canaveral Code"Enforcement Board
on November 18,201.0 at 7:00 p.m, or as soon thereafter as possible. The hearingwill 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
the violation(s) occurringupon theproperty of g �
P the Respondent(s) as set forth in the Notice of
Violation attached as EXHIBIT "A" and shall snake a d.eterminat' n as to whether such
violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes and Chapter 2 Article
cle
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 areI �
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 � any
other personal or real property owned by the Respondent(s)which can be satisfied b foreclos
y use
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.
DAT this 5th day of November, 2010
Duree,Alexander
Code Enforcement Officer
7510 N Atlantic Avenue ,P.O. Box 326 , Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 N Fax (321) 868-1247
WWW.rr yf.orlda.eom/cape e-mail: cltyofcapecanaveral.org
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-CITY OF
CAPE CANAVERAL
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2009-00203
A Florida Municipal Corporation, 10105/2009
Complainant,
V.
Owner(s) of the property located at:
530 ADAMS AV
Respondent(s):
FGT MGT, LLC
C/O Jerome V Grue, 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 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) has/have been corrected. IF THE
VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S)
MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN
INSPECTION,
1. Property where violation(s) exists):
530 ADAMS AV
2. Name and address of owner(s) of property where violation(s) exist:
FOT MGT, LLC
C/O Jerome V Grue, R. A.
1 1 1 Justamere Rd,
Cape Canaveral, FL 32920
7510 N.Atlantic Avenue Post Office Box 326 * Cape Canaveral, FL 32920-0326
Building& Code Enforcement: (321) 868-1222 Planning &Development (321) 868-1206 Fax &Inspection: (321) 868-1247
-www.cityofcapecanaverai.org e email: ccapecanaveral@cfl.rr.com
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F d 1 F w
Page 2
09-00203
Our office received a complaint regarding the exterior condition of your building. A site visit revealed
that the building is in need of painting and some areas of the building have plywood covering holes in the
wall, which need to be repaired.
Continued good appearance depends on the extent and quality of maintenance. Maintenance and
upkeep are required for all the land improvements within the city.
3. Description of Violation(s) at property: sec.34-98 Building appearance and maintenance
Sec. 3498. Building appearance and maintenance.
The following criteria, unless specifically limited, shall apply to all improvements within the city:
(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.
4. Recommendation to correct the violation(s) described above:
Remove the peeling paint and paint the exterior of the building. Please remove the plywood and
repair the hole(s).
Failure to comply within fifteen (18) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of ordinance/code Violation or the
repMmendations contained herein, do not hesitate to contact the below signed code Enforcement officer
Uureetcity of cape Canaveral. (321-868.1222)
Alexand r
Code Enforcement Officer
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CITY OF
NOTICE OF HEARING
x CA€C CANAVCF0-L
THE CITY OF CAPE CANAVERAL CASE No. 2010-0001.4
A Florida Municipal Corporation, 10/28/10
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Complainant,
V.
Respondent(s):
Rochelle C Medlin,Trust
C/O John M. Edwards
.Location of the Violation:
402 Madison Avenue, Cape Canaveral, Fl 32920
A BEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on November 18, 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 Notice of
Violation attached as EXHIBIT "A" and shall-make a determination as to whether such
violation(s)is/are corrected pursuant to Section 162.07,Florida Statutes, and Chapter 2, Article
VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
Since the proceedings of the Code Enforcement Board are legal in.nature,you may wish to have
legal-counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to
correct any violation(s). This penalty, if not paid,will become a lien on the Property and any
other personal or real property owned by the Respondent(s)which can be satisfied by foreclosure
and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY,INCLUDING THE CITY OF CAPE CANAVERAL,MAY
APPEAL A FINAL ADMINISTRATIVE ORDER.OF THE CODE ENFORCEMENT BOARD
TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF
EXECUTION OF THE ORDER TO BE.APPEALED. FURTHER-,IF AN APPEAL IS FILED,
THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED this 5th day of November, 2010
f zL
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
www.M florida.com/cai)e e-mail: cltyofcapecanaveral.org
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CODE ENFORCEMENT BOARD
t CITY OF CAFE CANAVERAL, FLORIDA
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NOTICE OF VIOLA.TION
CITY OF
CAPE CANAVERAL
F APE A AVEC I� Case No.2010-00014
F' a,'=e'y'ru.r Yaw'Y
A Florida Municipal .
Muni Corporation, Date: March 2, 20 14
= L Complainant,
'
V.
Owner(s) of the property located at:
402 Madison Avenue, Cape Canaveral,FI 32920
Respondent(s)4
Rochelle C. Medlin., Trust
C/O John M.Edwards
8759 Live oak Court,Cape Canaveral,FI 32920
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 described below.
Respondent(s) is/are bereby notified that corrective action(s) to cure the violation(s) described
below islare to be voluntarily performed within ten(10)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 the hearing the
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 Respondents) to correct the
violations) 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) has/have been
corrected, IF THE VIOLATIONS) IS/ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY'' THE CODE
ENFORCEMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where vi-olation(s) exist(s):
402 Madison Avenue,Cape Canaveral,FI 32920
2. Name and address of owner(s) of property where violation(s)exist:
Rochelle C. Medlin, Trust
CIO John M.Edwards
8759 Live oak Court
Cape Canaveral, Fl.32920
751 D N.Atlantic Avenue a Post Office Box 326 o Cape Canaveral, FL 32920--0326
Telephone: (321) 868-1222 o Fax: (321) 868--1247
www.myflorida.com/cai)e o email:ccapecanaveral@cfl.rr.com
Page
10-00014
Your property was posted as unsafe on.March 3, 2010. Please read the following statement in
regards to your right to appeal. If you choose to repair the structure you must correct the violations
stated below and obtain the required permit(s)and approved inspections to be in compliance,
3. Description of Violation(s)at property
Sec, 82-12. Unsafe buildings or systems.
All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe,
unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise
dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health,
are considered unsafe buildings or service systems. All such unsafe buildings, structures or service
systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition
in accordance with the provisions of the Standard Unsafe Building Abatement Code or other
provisions of the City of Cape Canaveral Codes.
Standard Unsafe Building Abatement Code 1985 Edition:
Section 3 02 Notice:
You are being notified that the structure as identified by the Brevard County Property
Appraiser as 402 Madison Avenue, Cape Canaveral Florida aka 410 Madison Avenue/8010
Magnolia Avenue, Cape Canaveral Florida. Legal Description: AVON BY THE SEA LOT 9 & W
1/20F LOT 10 BL.K. 16, PLAT BIS 0003, PCS 0007; Parcel ID: 24-37--23--CC--00016.0-0009.00; has
been posted unsafe by the City of Cape Canaveral, Building Official Todd Morley. The following
conditions as stated below have rendered the building unsafe.
Structural issues uncovered in our iris ectiou jesterda
1. Many exterior metal columns are rusted and deteriorated to the extent that they are
incapable of supporting the roof beams. This condition has caused the roof Kearns
to sag. This, in tura.,has caused areas of the structural roof system to sag. These
areas of the roof are unsafe and in danger of collapse. Correspondingly,the uplift
resistance of the roof structure is compromised.
2. The fire which occurred on the property has charred and disintegrated several roof
joists. This has completely negated their load-carrying capacity.
If the building is to be repaired all necessary repairs must be obtained and the work
commenced within sixty (d0) days of receipt of this notice, and all work must be continued until
completion. All work must comply with the provisions of the Florida Building Code. The building
must stay vacated until such time as the work has been completed and all permits have received the
approved final inspection. If you choose to demolish the building the permit must be obtained and
the work commenced within sixty (60) days form the receipt of this notice and continued until
completion.
Any person having any legal interest in this property may appeal the notice by the Building
Official to the Board of Adjustment and Appeals and such appeal shall be in writing in the form
specified in 401 and shall be filed with the Building Official within thirty(30) days from the date of
this notice. Failure to appeal the unsafe structure notice in the time specified will constitute a
waiver of all rights to an administrative hearing.
The following violations were noted at the time of ins ection.
Sec.34-96. Standards established.
(b) The owner of every single-family or multiple-family dwelling, 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 suc.-
structure or part of any feature thereof was designed or intended to be used.
6
Page 3
10-00014
(d) Exterior property areas of all premises shall be kept free of all nuisances, litter,rubbish,
debris, objects,material or conditions which may create a health or fire hazard. Exterior property
areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence
on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to
constitute a blighting or deteriorating effect in the neighborhood.
Sec.34-97. Duties and responsibilities for maintenance,
(a) The owner of every single-family or multiple-family dwelling, or his appointed agent
and the occupant, operator, tenant or anyone otherwise using the property in any form or manner
shall maintain the premises free of hazards which include but are not limited to.
(l) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth,
garbage,trash, refuse, debris.
(7) vacant property and improvements shall be kept free of refuse,debris,trash or litter and
vegetation cut periodically as needed.
See.34-122,public nuisances prohibited.
(a) All grass areas and yards on unproved 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.
See.34-98. Building appearance and maintenance.
(4) Buildings and appurtenances 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.
Sec. 82-371. Posting and specifications of numbers.
Numbers indicating the official numbers for each principal building or each front entrance to
such building shall be posed in a manner as to be clearly visible and distinguishable from the street
on which the property is located. Such numbers shall be a minimum of three inches in height and
one--half inch in width and of a contrasting color with the building.
International Property Maintenance Cade (-I PMC) Section 604 Electrical Facilities:
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 by reason of improper wiring or
installation, deteriorated or damage, or for similar reasons,the code official shall require the defects
to be corrected to eliminate the hazard.
IMPC Section 605.1 Installation: All electrical, wiring and appliances shall be properly
installed and maintained in a safe and approved manner.
IMPC Section. 343.4 Structural Members: All structural members shall be maintained
free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
RECOMMENDATION(S).
4. Recommendation to correct the violation(s)described above:
h
Obtain the required permits and approved inspections for the roof and fire damage.
Repair all electric wiring not enclosed in romex and any electric damage from fire. You
must obtain a State of Florida Electrical Contractor.
Repair the broken windows and doors; remove all the trash and debris from the car arts =:
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and the exterior of the property, maintain the property by mowing on a regular basis;trim the
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1
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Page 4
10-00014
vegetation and remove all dead vegetation; remove the dilapidated shed on the East side of the
property; and paint the structure, especially were the fire occurred.
Your property is improperly addressed. The City is re-addressing the property per the cited
sections the City of Cape Canaveral Code of Ordinances 82-370,Lumbering multiple-family
structures.Your new address will be 402 Madison Avenue,Unit'l01 & 102, Unit 10.1 facing
Madison Avenue and unit 102 facing Magnolia Avenue.
Please post the correct numbers on the units as required by City Code Sec. 82-370.
Numbering multiple-family structures. This is required for 911 emergency response services.
Failure to comply within ten(10)days from receipt of this Notice shall result in further
action as outlined in the previous page(s)of this Notice of violation.
If you have any questions regarding this Notice of violation, or of the recommendations
contained herein, do not hesitate to contact the below signed Code Enforcement officer at the City
of Cape Canaveral,(321.) 868-1222.
Please note: This allotted time frame is not for the unsafe notification. The fire damage and roof
repairs you are allotted the sixty(60)days. If you have any questions regarding the amount of time,
please contact me or the Building Official Todd Morley, at(321) 865-1-222.
In addition:
See.34-123. Notice to remedy nuisance.
(a) If the code enforcement officer finds and determines that a public nuisance as
described and declared in section 34.122 exists,he shall notify the owner of record of the offending
property in writing and demand that such owner cause the condition to be remedied.The notice
shall be given by registered or certified mail, addressed to the owner of the property described as
his name and address is shown upon the record of the county tax appraiser and shall be deemed
complete and sufficient when so addressed and deposited in the United States mail with proper
postage prepaid. If such notice is returned by postal authorities,the code enforcement officer shall
cause a copy of the notice to be served by a law enforcement officer upon the occupant of the
property or upon any agent of the owner thereof. If personal service upon the occupant of the
property or upon any agent of the owner cannot be performed after reasonable search by a law
enforcement officer,the notice shall be accomplished by physical posting on the property.
(b) The notice shall be in substantially the form which is on file in the city clerk's office.
f
(uLreeAtlexander
Code.Enforcement Officer
City of Cape Canaveral
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E CITY OF
...:.::::.:...:. CAPE CANAVERAL
CAE No. 20I0--40068
A Florida Municipal Corporation,
o oration
11105110
Complainant,
V. NOTICE 0E HEARING
Respondent(s):
James Souza
Location of the Violation:
Soo l N Atlantic Avenue,E-1, Cape Canaveral,FI 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on November 18, 2010 at 7:00 p.m. or as soon thereafter as possible. The hearingwill be
held at
the City of Cape Canaveral Library,201 Polk Avenue, Cape Canaveral. FL 32920.
P ,
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 `
e Notice of
Violation attached as EXfHBIT "A" and shall make a determination as to whether such
violation(s) is/are corrected pursuant to Section 1.62.07, Florida Statutes and Chapter 2
of Cape Can s p , Article
VI, of the City P Canaveral Code of Ordinances.
You are entitled to testify acid present evidence and witnesses in defense at the hearing.
Since the proceedings of the Code Enforcement Board are legal in nature you� � may wish y ws Mohave
legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property rty to
correct any violation(s). This penalty, if not paid, will. become a Igen on. the Property and an
other personal or real roe p � y
p property rty 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 BEARING IS MADE, WHICH .INCLUDES THE TE S TIMO
NY AND
EVIDENCE UPON WHICH THE APPEAL,IS TO BE BASED.
DA.T+D this 5th day of November, 2010
4?
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
247
wwwmyflorida.com/cape e-mail: cityofcapecanaveral.org
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CODE ENFORCEMENT ENT BOARD
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CITY OF CAPE CANAVERAL, FLORIDA
r. CITY OF G�i��CAAdAV�RAd.ANAV NOTICE OF VIOLATION
-
THE CITY OF CAPE CANAVERAL
Case No. 2010-068
A Florida Municipal Corporation, Date:
319110
Complainant,
V.
Owner(s) of the property located at:
8401 ATLANTIC AV N UNIT E-1 AS DESC IN ORB 2227 PO 2442,
Parcel ID 24-37-14-0-535.7
Respondents):
James Souza
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the Cit of Cape
Canaveral Code of ordinances, the undersigned Code Enforcement y p
g t 0ff�cer hereby gives notice of
violation(s) of the City of Cape Canaveral Code Ordinances, as more specificallydescribed 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 (1 5) days.
In the event that the violation(s) is/are not corrected within the time period se
violation(s) recurs even �f the violation(s) p t forth above or the
} n(s) islare corrected at the time of hearing Respondent(s) ma be
required to attend a hearingbefore the Code Enforcement y
cement Board for the City of Cape Canaveral, and a
penalty as provided below may be imposed.
e
The Code Enforcement Board may enter an order requiring the Respondent(s)penalties to correct the
violation(s) and may y 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 has/have been correct
VIOLATION(S) IS/ARE } ed. IF THE
} CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT
MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT �S}
OFFICER AND REQUEST AN
INSPECTION.
I. Property where violation(s) exists):
8401 Atlantic Ave. Unit E-1
2. Name and address of owner(s) of property where violation(s) exist:
James.Souza
: 97 Lincoln Ave.
Swansea, Ma. 02777
75 10 N.Atlantic Avenue o Post Office Box 326 e Cape Cara-vreral, FL 32920-0326
Telephone-, (32 t) 868-1222 a fax. (32 1) 868-1247
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Case No 20 0- 0058 www.myflorida.com/cape florida.com/cape 6 email:ccapecanave3ral@cfl.rr.com
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It has been brought to the attention of this office, that new windows have been installed for your
unit, without the required building permit. This constitutes work without a permit. You contacted us on
711/10 and stated you were going to contact Lowes. As of this date we have not heard from them.
Discription of Violation(s) at property: Florida Building Code
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter,
repair, move, demolish, or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings,
electrical, gas, mechanical or plumbing system., the installation of which i's regulated by this
code, or to cause any such work to be done, shall first make application to the building official
and obtain the required permit.
12-,KA 109.1 General. Construction or work for which aermit is required shall be subject t
p q j o
inspection by the building official and such construction or work shall remain accessible and
exposed for inspection purposes until approved. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of this code or of other ordinances of
the jurisdiction, Inspections presuming to give authority to violate or cancel the provisions of this
code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit
•
applicant to cause the work to remain accessible and exposed for inspection purposes. Neither
the building official nor the jurisdiction shall be liable for expense entailed in the removal or
replacement of any material required to allow'inspection.
4. Recommendation to correct the violation(s) described above:
You will need to contact your contractor to apply for the permit and receive the required, approved
final inspection to be in compliance. They must state that this is Code Case* 10-68.
Failure to ccmply within fifteen (1 6) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Ordinance/Code 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)
Michael Ri.chart
Code Enforcement Officer
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Community Development Department
NOTICE OF HEARING
CITY OF
CAVe CAN'R'ifUtAL
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THE
CITY OF CAPE CANAVERAL
CASE No. 2010-00090
f m A Florida:=
e _ Municipal Corporat]on, 11105110
Complainant,
V.
Respondent(s):
David W&May L. Davis
Location of the Violation:
201 Taylor Avenue, Cape Canaveral,Fl 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on.November 18, 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 32.920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding
the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of
Violation attached as EXHIBIT "A" and shall make a determination as to whether such
violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article
V1, 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 becoine 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 FEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DA D this 5th day of November, 2010
uree 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
VVWW.Myflor1da.com/ca-pe e-mail. cityofeapeeanaveral.org
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CITY OF CAPE CANAVERAL,FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAFE CANAVERAL Case No. 2010-00090
A Florida Municipal.Corporation., 8/26/10
Complainant,
V.
Owner(s)of the property located at:
201 Taylor Avenue,-A.&B, Cape Canaveral
Respondent(s):
David W. &May L Davis,WW
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
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)has/have been
: corrected. IF THE VIOLATIONS) IS/ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MIDST IMMEDIATELY NOTIFY THE CODE
ENFORCEMENT OFFICER AND REQUEST AN INSPECTION.
I. .Property where violation(s)exist(s).-
201
xist(s):201 Taylor Avenue A&B
2. Name and address of owner(s)of property where violation(s)exist:
David W. &May L. Davis,H1w
P.O. Box 320833
Cocoa Beach,Florida 32931
7510 N Atlantic Avenue N P.O. Box 326—Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 —Fax (321) 868-1247
www.myflorida.com/cape email: eltyofeapecanaveral.org
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Page 2
1-0-00090
A site visit revealed your property is in need of maintenance. The poor quality of the
exterior appearance of building(s) or in the development and maintenance of structures),
landscaping, and general appearance affect the desirability of the immediate and neighboring
areas for residential, business, or other uses. Further, it impairs the benefits of occupancy in
existing property and produces undesirable conditions affecting health, safety, comfort and
general welfare of the inhabitants of the city,
3. Description of Violation(s) at property: Sec. 34-98, Building appearance and
maintenance;
The following criteria,unless specifically limited, shall apply to all improvements within the city:
(4) Buildings and appurtenances 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.
Sec.34-99. Landscape,appearance and maintenance.
The community depends on trees and plant material to enhance its beauty, moderate its
climate and provide year--round greenery and color. Landscaping criteria shall include but not be
limited to the following:
(1) All landscaped areas shall be maintained to present a neat and orderly appearance.
(2) All dead or deteriorated plant material shall be promptly replaced or removed.
4.Recommendation(s) to correct the violation(s) described above:
* Clean and or paint the exterior of the buildings.
* Maintain the yard by mowing on a regular basis.
* remove the trash and debris from the property
* Repair/remove any dilapidated fencing around the property.
Repair the broken windows and screening.
* Repair/Replace any and all damaged portions of the roof overhang, soffit and any other
portion of the exterior of the building not expressly stated in need of maintenance.
Failure
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further
action, as outlined in the previous page(s) of this Notice of violation.
If you have any questions regarding this Notice of Violation of the recommendations
co ed herein, do not hesitate to contact the below signed Code Enforcement Officer at the
C' f Cape Canaveral,(321) 568-1222.
uree Alexander
Code Enforcement Officer