HomeMy WebLinkAboutCEB Agenda Pkt. 2-23-2017CITY OF CAPE CANAVERA]
CODE ENFORCEMENT MEET]
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Flori
AGENDA
February 23, 2017
6:00 PM
CALL TO ORDER:
ROLL CALL:
Establish Next Meeting Date: April 20, 2017
NEW BUSINESS:
1. Approval of Meeting Minutes: January 19, 2017.
COMPLIANCE HEARINGS:
1. Case No. 2015-73 - Violation of Section 34-96, (a) (b) (d), Standards established; Section 34-
98, (4) (6) Building appearance and maintenance; Section 34-122, Public nuisances prohibited; of
the City Code of Ordinances; and Section 303.7 Roofs and drainage; of the International Property
Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances. (305 Surf Drive) — Gerhardt Schmitz, Property Owner.
PUBLIC HEARINGS:
None
OLD BUSINESS•
1. Case No.2014-42 —Application for Satisfaction or Reduction of Code Enforcement Lien, (226
Polk Ave)-Nationstar Mortgage LLC, Property Owner
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.
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
January 19, 2017
A Regular Meeting of the Code Enforcement Board was held on January 19, 2017, at Cape
Canaveral Public Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson
Mary Russell called the meeting to order at 5:59 p.m. The Board Secretary called the roll.
MEMBERS PRESENT
Mary Russell
Christopher Cloney
Walter P. Godfrey, Jr
James Hale
Charles Hartley
Paula Collins
MEMBERS ABSENT
None
OTHERS PRESENT
Jennifer Nix
Brian Palmer
Patsy Huffman
Ginger Wright
Chairperson
Senior City Attorney
Code Enforcement Officer
Senior Secretary
Board Secretary
Board members established the next meeting would be on February 23, 2017.
Senior City Attorney Nix swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes — August 18, 2016.
Motion by Mr. Godfrey, seconded by Mr. Hale, to approve the meeting Minutes of August 18,
2016. Vote on the motion carried unanimously.
2. Election of Board Vice -Chairperson:
Motion by Mr. Hale, seconded by Mr. Cloney to nominate Mr. Godfrey as Vice -Chairperson.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 19, 2017
PUBLIC HEAINGS:
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
Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented
exhibits. He testified that a Board Order and an Order to Appear were mailed, but never received
and the property was posted.
Ms. Miller testified she owns 8765 Oleander Ct., which shares a common roof and wall with 8763
Oleander Ct. Tenants at 8765 Oleander Ct. have seen rats. Pictures were submitted, as exhibit
number 1.
Based on evidence testimony presented, staff respectfully requests the Respondent be found in
violation, as set forth in the revised notice of violation and a fine be immediately imposed in the
amount of $150.00 for the first day and $75.00 everyday thereafter; until compliance is confirmed
by the Code Enforcement Officer and all costs associated with enforcement of the violation be
imposed.
Motion by Mr. Hale, seconded by Mr. Cloney, to accept Staff's recommendation. Vote on the
motion carried unanimously.
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
Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented
exhibits. He testified that a Board Order and an Order to Appear were mailed and received.
Based on the evidence and testimony presented Staff respectfully requests the Respondent be
found violation, as set forth in the revised notice of violation and a fine be immediately imposed
in the amount of $100.00 for the first day and $50.00 everyday thereafter; until compliance is
confirmed by the Code Enforcement Officer and all costs associated with enforcement of the
violation be imposed.
Code Enforcement Board
Meeting Minutes
January 19, 2017
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the
Respondent in violation. Vote on the motion carried unanimously.
OLD BUSINESS:
None
ADJOURNMENT:
Meeting adjourned at 6:46 p.m.
Approved on this day of , 2017.
Mary Russell, Chairperson
Ginger Wright, Board Secretary
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.
CityCapeof Canaveral
Community Development Department
C" OF
�cm"V�_
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
NOTICE OF HEARING
Complainant,
V.
Respondent(s):
NATIONSTAR MORTGAGE LLC
C/O CORPORATION SERVICE COMPANY, R.A.
CASE No. 2014-42
DATE: 2/9/17
Location of the Violation:
226 Polk Avenue, Cape Canaveral, FL 32920, Parcel ID # 24 -37 -23 -CG -00042.0-0010.00
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February
23, 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 request
for a reduction or release of a Code Enforcement Lien filed against the property of the Respondent(s) as
set forth in the Order Imposing Penalty on Repeat Violation attached as EXHIBIT "A" and shall make a
determination as to whether such lien shall be reduced or released pursuant to Section 162 Florida
Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
Upon review of the application and any testimony presented, the Code Enforcement Board shall by
motion or writing approve, approve with conditions, or deny the application for reduction or release of
lien.
The applicant shall have thirty (30) days in which to comply with the conditions imposed by the Code
Enforcement Board or submit a written appeal as provided herein (Attachment 1). Failure of the applicant
to comply or timely appeal will result in the automatic denial of the application.
DATED this 9th day of February, 2017
Brian Palmer, Code Enforcement Officer
C: Property Marketers LLC
C/O Heath Mohler
3880 S. Washington Ave Suite 238
Titusville, FL 32780
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&cityofcapecanaveral.org
crry or
CM[ CAMAv[RAL
City of Cape Canaveral
Community & Economic Development Department
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #14-00042
A Florida municipal corporation,
Complainant,
V.
Russell L. Moots
Owner of the Property located at:
226 Polk Avenue
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA E 33.3 FT OF LOT 10 8 W 33.3 FT OF LOT 11 BLK 42 Plat Book 0003 Page 0007
PARCEL ID: 24 -37 -23 -CG -00042.0-0010.00
Respondent,
ORDER IMPOSING PENALTY ON REPEAT 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 June 19, 2014 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on
226 Polk Avenue, Cape Canaveral, Florida ("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 110-295, Prohibited Uses and Structures, of the City
of Cape Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section 303.14,
Window, Skylight and Door Frames; Section 304.3, Interior Surfaces; Section 505.3, Supply, of
the International Property Maintenance Code (1998 edition), 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;
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;
110 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
Case #14-00042
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 110-295, Prohibited Uses and Structures, of the City of Cape
Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section 303.14, Window,
Skylight and Door Frames; Section 304.3, Interior Surfaces; Section 505.3, Supply, of the
International Property Maintenance Code (1998 edition), 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. A fine shall be entered immediately in the amount of five hundred dollars
($500.00) for the first day and two hundred fifty dollars ($250.00) per day thereafter until the
violation is corrected and full compliance is confirmed by the Code Enforcement Officer.
Respondents shall be responsible to provide notice of such violation being corrected to the
Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall
promptly file a Notice of Compliance;
2. The Clerk of the Code Enforcement Board is hereby directed to record a certified
copy of this Order in the public records for Brevard County, Florida, which shall, pursuant to
section 162.09(3), Florida Statutes, serve as a lien against the Property and any other real or
personal property owned by the Respondent;
3. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
4. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of June, 2014.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
, 7 /12 , Z� L,- - el:::: �,- �.
Mary Russ il, Chairperson
Copies furnished to:
Russell L. Moots
City of Cape Canaveral, Case File
ATTACHMENT #I
Chapter 2 Article VI Section 2-260 Application for Satisfaction, release, or reduction, of code
enforcement lien.
(0 Compliance and richt ofappeaL The applicant shall have 30 days in which to comply with the conditions
imposed by the code enforcement board or submit a written appeal as provided herein. Failure of the applicant
to comply or timely appeal will result in the automatic denial of the application.
(1) If the application is denied, or if the application is automatically denied due to the failure of the
applicant to comply with the conditions imposed by the code enforcement board or timely appeal, the
applicant shall thereafter be barred from applying for a subsequent reduction or release of lien for a
period of one year from the date of denial. During the one-year period, the lien may only be satisfied
and released upon full payment of the fine or penalty imposed in accordance with this division.
(2) The applicant may appeal the code enforcement board's decision to the city council, by filing a
written appeal within ten days of the date of the decision with the city clerk. The notice of appeal shall
state the decision that is being appealed, the grounds for appeal, and a brief summary of the relief being
sought. A nonrefundable filing fee of $100.00 shall accompany the notice of appeal. Upon submittal of
a timely appeal, the city- manager shall place the appeal of the determination upon the agenda of the next
regularly scheduled city council meeting to the extent practicable. The city council shall render a final
decision on the application based upon the sworn application, the code enforcement board determination
and any other relevant information or testimony provided to the city council at the meeting by the
applicant, city manager or any other interested party. Any decision made by the city council pursuant to
this section shall be deemed final and not subject to any further administrative review by the city. The
applicant shall have 30 days in which to comply with any decision of or condition imposed by the city
council or the application shall be deemed automatically denied and thereafter, the applicant shall be
barred from applying for a subsequent reduction or release of lien for a period of one year from the date
of the city council's decision. During the one-year period, the lien may only be satisfied and released
upon full payment of the fine or penalty imposed in accordance with this division.
(3) When a lien is satisfied as a result of reduced payment or release as ordered by the city council, the
city- manager is hereby authorized to execute and record in the public records of Brevard County, Florida,
a satisfaction of lien on behalf of the city.
(h) Partial release of liens; liens recorded in error. Under appropriate circumstances determined by the code
enforcement board or city council to be in the best interests of the city, the code enforcement board or city
council may approve an application conditioned upon a partial release of lien that releases a city- lien from a
specific piece of property. However, the lien will remain in effect and will encumber any other properties
which are subject to the lien pursuant to law. Partial releases of lien may also be authorized by the code
enforcement board or city council to account for any funds paid to the city to reduce the amount owned on the
lien. In addition, nothing herein shall prohibit the city manager from releasing alien, in whole or part, that
was recorded in error by the city. An application shall not be required to release a lien recorded in error.
City of Cape Canaveral
Community Development Department
C/ry Or
C. CANAVE",
APPLICANT PROCEDURES FOR APPLYING FOR A SATISFACTION OR
REDUCTION OF A CODE ENFORCEMENT LIEN
Where a certified copy of an Order imposing a penalty or fine, as described in F.S. Ch. 162, has been recorded
in the public records of Brevard County, Florida, and has become a lien against the land and/or property, once
the property has been found in compliance, a request for the satisfaction or reduction of the lien may be
submitted in writing on the application form provided by the City of Cape Canaveral.
The following procedures apply to any person applying for a satisfaction or reduction of the Code
Enforcement Board lien.
1. The application must be submitted at least ten (10) days prior to the next available Code Enforcement
Board Meeting, on the application provided by the City.
2. A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff.
This fee is non-refundable, without regard for the final determination of the request.
3. If the person applying for the satisfaction or reduction of the Code Enforcement Board Lien is not
the current property owner, a notarized statement allowing the individual(s) to represent the property
must be submitted with the application.
4. Once the completed application has been reviewed and approved, the request will be scheduled for
the first available Code Enforcement Board Hearing and a Code Enforcement Officer will notify you
of the location, date, and time of the scheduled Hearing. Staff, naly recommends thatoy a or a
representative is present at the licarine. Please initial here:
a. The request will be presented to the Code Enforcement Board and the Board will review and consider
the application for reduction or release of lien, provide the violator with an opportunity to address the
board regarding the application for reduction or release of lien, and to take the testimony of other
interested parties, including but not limited to city staff.
6. Upon review of the application and any testimony presented, the code enforcement board shall by
motion or writing approve, approve with conditions, or deny the application for reduction or release
of lien.
The violator shall have thirty (30) days in which to comply with the conditions imposed by the Code
Enforcement Board. Failure of the violator to comply, will result in the automatic denial of the
application for satisfaction or reduction of the lien.
If the application is denied for any reason; the violator/application shall not be allowed to apply for
a subsequent satisfaction or reduction of the lien for a period of one (1) year. During that period the
lien may only be satisfied and released pon fill] payment of the fine or penalty imposed.
Signature of Applicant:_ Date:
Mailing Address: P.O. Box 326 Physical Address: l 10 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.eityofcapecanaveral.ort e-mail: info u),cityofeapecanaveral.org
C
City of Cape Canaverat.,:,-
7
Community Development Department E 4
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR REDUCTION
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE #i 2014-00042 APPLICATION FEE: $ 100.00
APLICANT: Heith Mohler (on behalf Freddie MgQTE: 1/23/2017
3880 S. Washington Ave Suite 238
ADDRESS:
CITY: Titusville
STATE: FL Zlp; 32780
EMAIL:-info@propertymarketersllc.com PHONE: 321-607-6836
NATURE OF VIOLATION(S): Property Maintenance t�l 0 6�� �� A ; S %�Vc ti G v ^'
y. �n
rn ro '
ADDRESS OF SUBJECT PROPERTY: 226 Polk Ave Cape Canaveral FL 32920
PARCEL ID: 24 -37 -23 -CG -42-10
DATE FINE/LIEN FILED: 11/13/2014 AMOUNT (Total): $70,000.00
COMPLIANCE DATE: �� RELIEF REQUESTED.-Z.SATISFACTION/ 7REDUCTION
IF REDUCTION, THE APPLICANT PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE,
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If more spac(e� is needed add more pages] ! N ��� �yN I "� S L ` `-`
THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO
COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED:
(If more space is needed add more pages)
�0\4-,�.��;�� �,Y� tiy;L,usL �Yy��cz,
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
REDUCTION OR SATISFACTION OF PENALTY OR FINE:
(If more space is needed ad more more pages)
5 N V - - \V\(-
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
�� .cityoii anecana�-cral,t�r; e-mail: info ti,cityofcahcciuiaveral.om,
City of Cape Canaveral
Community
Development Department
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR REDUCTION
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE # 2014-00042 APPLICATION FEE: $ 100.00
APLICANT: Heith Mohler (on behalf Freddie MN)TE: 1/23/2017
ADDRESS: 3880 S. Washington Ave Suite 238
CITY: Titusville
STATE: FL ZIP: 32780
EMAIL: info@propertymarketersllc.com PHONE: 321-607-6836
NATURE OF VIOLATION(S): Property Maintenance/Window Glass/Overgrowth
ADDRESS OF SUBJECT PROPERTY: 226 Polk Ave Cape Canaveral FL 32920
PARCEL ID: 24 -37 -23 -CG -42-10
DATE FINE/LIEN FILED: 11/13/2014
COMPLIANCE DATE: 03/13/2015
AMOUNT (Total): $70,000.00/
RELIEF REQUESTED. SATISFACTION / GREDUCTION
IF REDUCTION, THE APPLICANT PROPOSES $ 1.00 AS THE AMOUNT OF THE REDUCED FINE,
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If more space is needed add more pages) The current bank seller corrected as soon as
they found out about the violations
THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO
COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED:
(If more space is needed add more pages)
This was inherited from the prior servicer
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
REDUCTION OR SATISFACTION OF PENALTY OR FINE:
(If more space is needed add more pages) We have an excellent reputation for compliance.
We corrected asap. 70k is excessive and we cannot sell with a lien on property.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, l'L 32020-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
k! 4VkN'.eitYof_capeciaiaia%'ei-al.OraL, e-mail: aalf(? (i:citVofCat)ecianaVCral.orL,
APPLICANT'S SIGNATU
DATE
STATE OF l b . J G—
COUNTY OF 2V n
BEFORE ME the undersigned aut ority did personally appear
who provided I a as identification, and who after being placed under
oath, swore or ffirmed the in rmation contained within this application is true and correct.
TAMMY M. WEEKS
,0t0Pv o„e���y
?o • ; Notary Public State of Florida
•
Commission #t FF 179691
;s o7: My Comm. Expires
Nov 30, 2016
OF 1.' 8=W I"* National Notary Assn.
Notary Public
FOR STAFF USE ONLY
APPLICATION RECEIVED BY CITY ON
COMPLIANCE CONFIRMED ON
CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON
CODE ENFORCEMENT RECOMMENDATION ATTACHED: OYES ❑NO
ACTION OF CITY COUNCIL: ❑APPROVE; ❑DENY; ❑APPROVE WITH THE FOLLOWING CONDITIONS:
DATE OF COUNCIL ACTION:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
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: infoOcityofcapecanaveral.org
HomeSteps-
AFreddieMac:l.►nit
January 12th ,2017
RE: Asset # 1145029
226 POLK AVENUE
CAPE CANAVERAL, FL 32920
To Whom It May Concern:
Please be advised that HEITH MOHLER with PROPERTY MARKETERS
LLC is acting as an agent for Federal Home Loan Mortgage Corporation, also known as
Freddie Mac, (Seller). Per Seller's request, Broker has permission to gain access to the
property, order any inspections, get utilities turned on and switched over in the
Brokerages name and handle any affairs such as violations, liens and/or fines for the
above referenced property on behalf of Seller. Please contact me if you have any
questions or need additional infonnation.
Freddie Mac also insures our properties with an umbrella policy that covers all Freddie
Mac owned properties.
Sincerely,
udith Jones
.. _ _ 0
�4D
ith L Jones
Associate Asset Manager I
jjones@vrmeo.com
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VENDOR RESOURCE
M A N A 6 E M E N T
A M/d!laipR iii 10114 Samir; L.'at .
(Direct: 972-512-2251
Main: 888.471.3698
vvrw. vrmco. com
r TRACY HILL
�= My Notary 10 # 124734038
"•'ter9Expires January 26, 2020
5000 Plano Pkwy A, Carrollton, TX 75010 & Phone (972) 395-4000 & Fax 972-395-4050
City of Cape Canaveral
Community Development Department
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
SCHMITZ, GERHARDT
Location of the Violation:
305 SURF DR, CAPE CANAVERAL 32920
CASE No. 2015-73
DATE: 2/9/2017
A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February
23, 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 Code Enforcement Board Order 15-73, 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.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
Notice of Hearing
CASE No. 2015-73
Page 2
DATED this 9th day of February, 2017
Brian Palmer, Code Enforcement Officer
CC: Patrick Campbell
307 Surf Dr.
Cape Canaveral, FL 32920
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case # 15-73
A Florida municipal corporation,
Complainant,
V.
Schmitz, Gerhardt
Respondent,
Subject Property: 305 Surf Dr.
Cape Canaveral, Florida 32920
Parcel number: 24-37-14-51-7-3
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ORDER (FIRST VIOLATION)
THIS CAUSE came before the Code Enforcement Board ("Board") of the City of
Cape Canaveral, Florida, on August 18, 2016 for consideration, after due notice to
Respondent, to determine whether any violations of the City of Cape Canaveral Code of
Ordinances ("City Code") exist or existed on the Subject Property.
The Board, having heard the arguments of the parties and the evidence and
testimony presented, and having reviewed the record and being otherwise fully advised,
issues the following Findings of Fact and Conclusions of Law which are incorporated
into this Order as set forth herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with
the City Code and consistent with sections 162.06 and 162.12, Florida Statutes;
2. That violations of Section 34-96 (a), (b), (d), Standards Established;
Section 34-98 (4), (6), Building appearance and maintenance; and, Section 303.7,
Case # 15-73
Roofs and drainage, International Property Maintenance Code, as adopted by Section
82-221, of the City of Cape Canaveral Code of Ordinances, exist or existed on the
Subject Property and that Respondent was further provided a reasonable time to correct
said violation(s);
3. That Respondent either failed or refused to correct such violations within
the reasonable time period provided in the Notice of Violation.
4. That the Respondent was provided Notice of Hearing before the Code
Enforcement Board, in accordance with the City Code and consistent with sections
162.06 and 162.12, Florida Statutes, and was present at the hearing;
5. That, based on the testimony and evidence presented, Respondent has
violated the City Code, to wit: Section 34-96 (a), (b), (d), Standards Established; Section
34-98 (4), (6), Building appearance and maintenance; and Section 303.7, Roofs and
drainage, International Property Maintenance Code, as adopted by Section 82-221, of
the City of Cape Canaveral Code of Ordinances.
6. That said violation(s) exist(s) or existed within the City of Cape Canaveral
and that such constitute(s) violation(s) of the City Code.
BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS,
IT IS HEREBY ORDERED:
1. Respondent be given until February 22, 2017, to correct the violations of
the City Code on the Subject Property.
2. If Respondent fails to correct the violations 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 violations on the
Subject Property. Upon a finding by the Code Enforcement Board that the Subject
Property remains in violation, a fine will be entered in the amount of one hundred dollars
($100.00) for the first day and fifty dollars ($50.00) per day thereafter until the
violation(s) come(s) into compliance. Respondent shall be responsible to provide notice
of such violation(s) being corrected to the Code Enforcement Officer. Upon such
confirmation, the Code Enforcement Officer shall promptly either file a Notice of
Compliance or notify the Code Enforcement Board or secretary such that the matter is
scheduled for hearing, relative to compliance, before the board in a reasonable amount
of time.
3. If Respondent fails to correct any and all violations on the Subject
Property within the time period prescribed herein, the Clerk of the 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 Subject Property and any other real or
personal property owned by the Respondent.
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Case # 15-73
4. Any and all future recurrence(s) of any violation(s) addressed herein, after
same have been corrected, shall necessitate further proceedings before the Board.
While the Code Enforcement Officer shall give Respondent notice of the repeat
violation, the Code Enforcement Officer is not required to provide Respondent a
reasonable time to correct such repeat violation(s). The Board, upon finding such
repeat violation(s) exist(s), may impose a fine not to exceed Five Hundred Dollars
($500.00) for each day the repeat violation continues, beginning with the date the repeat
violation is found to have occurred by the Code Enforcement Officer.
5. The Code Enforcement Board hereby reserves the right to take further
necessary action against the Respondent to enforce this Order and correct any
violation(s) on Respondent's property, in accordance with Section 162.09, Florida
Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this % day of,
2016, nunc pro tunc to 18th day of August, 2016.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Ru sell, Chairperson
Copies furnished to: CERTIFIED MAIL 7015 3010 0000 0512 2607
Schmitz, Gerhardt, Respondent
PO Box 622
Cape Canaveral, Florida 32920
I hereby certify that a true and correct copy of the above and foregoing Findings
of Fact, Conclusions of Law and Order (First Violation) has been furnished by certified
mail to the Respondent(s) and/or Respondent's authorized representative on this
day ofaC e X2016.
Ortger'Wriglit
Clerk to the Code Enforcement Board
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