HomeMy WebLinkAboutCEB Agenda Pkt. 1-19-2017 CITY OF CAPE CANAVERAL
CODE ENFORCEMENT MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
January 19, 2017
6:00 PM
CALL TO ORDER:
ROLL CALL:
Establish Next Meeting Date: February 16, 207
NEW BUSINESS:
1. Approval of Meeting Minutes: August 18, 2016.
2. Election of Board Vice-Chairperson in compliance with the following section:
ARTICLE IV.BOARDS, COMMITTEES,COMMISSIONS,DIVISION 1.—
GENERALLY, Sec. 2-171, (i) -Uniform procedures and requirements.
(i) Chairmanships. Each board and committee shall be responsible to elect, by majority vote
of the members of each board or committee, a chairperson and vice-chairperson. The election
shall occur annually at the first meeting held in January, unless there is no January meeting,
then the next meeting held. All newly established boards and committees shall make such
elections at their first regularly held meeting and then annually as stated above. Alternate
members (as provided below) shall not be elected to positions of chairperson or vice-
chairperson.All meetings shall be as regularly scheduled and at the call of the chair and at such
other times as a majority of the members of any board or committee may determine.
COMPLIANCE HEARINGS:
None
PUBLIC HEARINGS:
Code Enforcement Agenda
January 19, 2017
Page 2
1. Case No. 2016-108 — Violation of Section 34-97, (a) Duties and responsibilities for
maintenance; Section 34-98, (6) Building appearance and maintenance; Section 34-121, (1), (2),
(3),(4),(5)Intent;Section 34-122,(a)Public nuisances prohibited;of the City Code of Ordinances;
Violation of Section 303 Exterior Structure; Section 303.1, General; Section 303.4 Structural
members; Section 304 interior Structure; Section 303.7 Roofs and drainage; Section 304.1
General; Section 304.3 Interior; of The International Property Maintenance Code, as adopted by
Section 82-221, of the City of Cape Canaveral Code of Ordinances. (8763 Oleander Ct) —Diane
Elbert
2. Case No. 2016-109—Violation of Section 304.14 Window, skylight and door frames; Section
303.14.1 Glazing; Section 303.15 Insect screens;of The International Property Maintenance Code,
as adopted by Section 82-221,of the City of Cape Canaveral Code of Ordinances. (720 Beach Park
Lane)-Joseph N & Diane Robillard
OLD BUSINESS:
None
Pursuant to Section 286.0105,F.S.,the City hereby advises the public that:If a person decides to appeal any decision made by the
Code Enforcement Board with respect to any matter considered at this meeting,that person will need a record of the proceedings,
and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the
testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction
or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
In accordance with the Americans with Disabilities Act:all interested parties may attend this Public Meeting.The facility is accessible
to the physically handicapped.Persons with disabilities needing assistance to participate in the proceedings should contact the Building
Department(321)868-1222 48 hours in advance of the meeting.
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NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2016-108
A Florida Municipal Corporation, DATE: 1/9/2017
Complainant,
V.
Respondent(s): .
DIANE ELBERT
Location of the Violation:
8763 Oleander CT Cape Canaveral FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 19, 2017 at 6:00
p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue,
Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s)occurring upon
the property of the Respondent(s)as set forth in the Revised Notice of Violation attached as EXHIBIT "A" and shall make
a determination as to whether such violation(s)is/are corrected pursuant to Section 162.07,Florida Statutes,and Chapter 2,
Article VI,of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code
Enforcement Board are legal in nature,you may wish to have legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This
penalty, if not paid,will become a lien on the Property and any other personal or real property owned by the Respondent(s)
which can be satisfied by foreclosure and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL
ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED
BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF
AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
DATED this 9th day of January, 2017
Brian Palmer, Code Enforcement Officer
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 Fax (321) 868-1247
Page 2
2016-108
Our office received a complaint regarding the condition of your property. A site visit revealed
the property in need of mowing, trimming and the interior roof area appeared to have water
damage.
3. Description of Violation(s) at property: Section 34-97. (a) Duties and responsibilities for
maintenance.
(a)The owner of every single-family or multiple-family dwelling, commercial or industrial
property,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:
(1) Brush, weeds,broken glass, stumps,roots,obnoxious growths, accumulations of filth,
garbage, trash,refuse, debris and inoperative machinery.
Section 34-98. (6) Building appearance and maintenance.
The following criteria,unless specifically limited, shall apply to all improvements within the
city:
(6)All roofs shall have a suitable covering free of holes, cracks, excessive wear,missing
shingles or tiles.
Section 34-121. (1), (2), (3), (4), (5) Intent.
The presence of weeds,brush and rank vegetation(excluding: shade trees, ornamental shrubs,
fruit trees, domesticated berry bushes and vines, cover crops,domesticated grains and plantings
and cultivated wild flowers) on all properties in city are a menace to the public safety, health
and welfare as they:
(1) Cause a fire hazard;
(2) Furnish cover for prowlers;
(3) Obstruct visibility as street intersections;
(4) Furnish a potential harborage or breeding place for disease-carrying insects, arthropods,
animals and poisonous snakes; and
(5) May adversely affect and impair the economic welfare of adjacent property.
Section 34-122. (a) Public nuisances prohibited.
•
(a) All grass areas and yards on improved property shall be properly maintained in a neat and
attractive manner and kept free of dead plants,refuse,debris and shall be maintained further in
a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone(321) 868-1222—Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: b.palmer@u,cityofcapecanaveral.org
Page 3
2016-108
Section 82-221. - International Property Maintenance Code adopted.
The International Property Maintenance Code, 1998 edition, as published by the International
Code Council, is hereby adopted by reference and incorporated herein as if fully set out.
Section 303 Exterior Structure
I.P.M.C. Section 303.1 General. The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
I.P.M.C. Section 303.4 Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
downspouts shall be maintained in good repair and free from obstructions. Roof water shall not
be discharged in a manner that creates a public nuisance.
Section 304 Interior Structure
I.P.M.C. Section 303.7 Roofs and drainage. The roof and flashing shall be sound, tight and not
have defects that admit rain. Rood drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure. Roof drains, gutters and
downspouts shall be maintained in good repairand free from obstructions. Roof water shall not
be discharged in a mannerthat creates a public nuisances.
I.P.M.C. Section 304.1 General. The interior of a structure and equipment therein shall be
maintained in good repair, structurally sound and in a sanitary condtion. Every occupant shall
keep that part of the structure which such occupant occupies or controls in a clean and sanitary
condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or
more dwelling units or two or more residential occupancies, shall maintian, in a clean and
sanitary condition, the shared or public areas of the structure and exterior property.
I.P.M.C. Section 304.3 Interior surfaces; All interior surfaces, including windows and doors,
shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose
plaster, decayed wood, and other defective surface conditions shall be corrected.
4. Recommendation(s) to correct the violation(s) described above:
• Mow and trim all overgrown areas of the property (such that grass, weeds and
vegetation shall not exceed six inches in height)
• Repair all possible leaks which may be from the roof or any other exterior portion
of the unit.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 —Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: b.palmer@cityofcapecanaveral.org
Page 4
2016-108
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further
action, as outlined in this Notice of Violation.
Section 34-126. (a), (b), (c) Remedy by the city.
(a) Upon failure, neglect or refusal of any owner or agent notified as provided in this article to
cut, destroy or remove weeds, grass, trash, rubbish or other matters as required under the notice
provided in section 34-123, within ten days upon receipt of the notice, the city may, in addition
to other penalties provided for in this Code,pay for the cutting, destroying or removing of such
material or effect the removal by the city.
(b)After causing the condition to be remedied,the building official shall certify to the city
treasurer the expense incurred in remedying the condition and shall include a copy of the notice
whereupon such expense shall become payable within 30 days. After the 30 days, a special
assessment lien in charge will be made against the property, which shall be payable with
interest at the rate of eight percent per annum from the date of such certification until paid.
(c) Such liens shall be enforceable in the same manner as a tax lien in favor of the city and may
be satisfied at any time of payment thereof, including accrued interest. Upon such payment,the
clerk of the circuit court shall,by appropriate means, evidence the satisfaction and cancellation
of such lien upon the record thereof and notify the tax collector of such satisfaction. Notice of
such lien may be filed in the office of the clerk of the circuit court and recorded among the
public records of the county.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of
Cape Canaveral, (321) 868-1222.
(3)2_,
Brian Palmer
Code Enforcement Officer
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone(321) 868-1222—Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail:b.palmer@cityofcapecanaveral.org
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Development Departme t
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2016-109
A Florida Municipal Corporation, DATE: 1/9/2017
Complainant,
V.
Respondent(s):
Joseph N &Diane Robillard, H/W
Location of the Violation:
720 Beach Park Lane, Cape Canaveral, FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 19, 2017 at 6:00
p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue,
Cape Canaveral,FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s)occurring upon
the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shll make a
determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2,
Article VI,of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code
Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This
penalty, if not paid,will become a lien on the Property and any other personal or real property owned by the Respondent(s)
which can be satisfied by foreclosure and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL
ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED
BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF
AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
DATED this 9th day of January, 2017
-:--4-- (- --Q_____
Brian Palmer,Code Enforcement Officer
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 —Fax (321) 868-1247
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City Capeof Canaveral
Community Development
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2016-109
A Florida Municipal Corporation, Date: 7-22-16
Complainant,
V.
Owners of the property located at:
720 Beach Park Lane, Cape Canaveral, FL 32920
PD# 24-37-14-00-00046.Q-0000.00
Respondent(s):
Joseph N & Diane Robillard, H/W
Villages of the Seaport Condominium Assoc. Inc.
C/O Russell E Klemm, R. A. & C/O Betty Walsh, Property Manager
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of
violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below.
Respondent(s)is/are hereby notified that a corrective action(s)to cure the violation(s)described below
is/are to be voluntarily performed within fifteen (15) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or the
violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s)
may be required to attend a hearing before the Code Enforcement Board for the City of Cape
Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties may be assessed up to$250 per day for each first violation or up to $500 per
day for each repeat violation described in this notice until the violations(s) has/have been corrected.
IF THE 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):
720 Beach Park Lane, Cape Canaveral, FL 32920
PD#24-37-14-00-00046.Q-0000.00
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 - Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@a,cityofcapecanaveral.org
Notice of Violation
Case No. 2016-109
Page 2
2. Name and address of owner(s) of property where violation(s) exist:
Joseph N & Diane Robillard
720 Beach Park Lane
Cape Canaveral, FL 32920
Villages of the Seaport Condominium Assoc. Inc. & Betty Walsh, Manager
C/O Russell E Klemm, R. A. 120 Seaport Blvd
1065 Maitland Center Commons Blvd. Cape Canaveral, FL 32920
Maitland, FL 32751
A site visit to the property revealed all three of your front window(s) and the South side window are
broken and need to be replaced. This will require a permit as the windows must be fire rated.
3. Description of Violation(s)at property: Section 82-221 —International Property Maintenance
Code (IPMC) Adopted. The International Property Maintenance Code, 1998 edition, as published
by the International Code Council, is hereby adopted by reference and incorporated herein as if fully
set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance
Board of Adjustment and Appeals for this article.
IPMC Section 303.14 Window, skylight and door frames. Every window, skylight, door frame
shall be kept in sound condition, good repair and weather tight.
IPMC Section 303.14.1 Glazing. All glazing materials shall be maintained free from cracks and
holes.
IPMC Section 303.15 Insect screens. Every door, window and other outside opening required for
ventilation of habitable rooms or food preparartion areas shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch.
4. Recommendation(s) to correct the violation(s) described above:
➢ You must replace the broken windows, by obtaining a permit and the approved final
inspection for the installation, to be in compliance.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained herein,
do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral,
(321) 868-1222, ext. 13.
4,,, al0a/AZI----
Duree Alexander
Code Enforcement Officer
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info(a,citvofcapecanaveral.org