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HomeMy WebLinkAboutCEB Agenda Pkt. 4-20-17CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA April 20, 2017 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: May 18, 2017 NEW BUSINESS: 1. Approval of Meeting Minutes: February 23, 2017 2. Interview & Recommendation to City Council Re: Potential Board Member, Inez Stone COMPLIANCE HEARINGS: None PUBLIC HEARINGS: 1. Case No. 2016-101 - Violation of Section 34-96, (d), Standards established; Section 34-97, (a), (1), Duties and responisibilities for maintenance; Section 34-98, (4), (6), Building appearance and maintenance; of the City Code of Ordinances; and Section 302.1 Sanitation; Section 303.1 General; Section 108.1 General; Section 108. 1.1 Unsafe structures, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (118 Tyler Ave )-Kimberly N La Roche 2. Case No. 2016-103 - Violation of Section 34-96, (d), Standards established; Section 34-97, (a), (1), (2), (7) Duties and responisibilities for maintenance; Section 34-122, Public nuisances prohibited; of the City Code of Ordinances. ( 220 Fillmore Ave) -Michael Hoschek Pursuant to Section 286.0105, Florida Statute, the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES February 23, 2017 A Regular Meeting of the Code Enforcement Board was held on February 23, 2017, at Cape Canaveral Public Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:01 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter P. Godfrey, Jr James Hale Charles Hartley Paula Collins MEMBERS ABSENT Christopher Cloney OTHERS PRESENT Jennifer Nix Brian Palmer Chris Robinson Patsy Huffman Ginger Wright Chairperson Vice Chairperson Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Senior Secretary Board Secretary Board members established the next meeting would be on April 20, 2017. Assistant City Attorney Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes — January 19, 2017. 2. Code Enforcement Officer Brian Palmer introduce new Code Enforcement Officer Chris Robinson. 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. Code Enforcement Board Meeting Minutes February 23, 2017 Code Enforcement Officer Brian Palmer provided an overview of the Case history. 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 $100.00 for the first day and $50.00 every day thereafter; until compliance is confirmed by the Code Enforcement Officer and all costs associated with enforcement of the violation be imposed. Motion by Mr. Hartley, seconded by Mr. Godfrey, to accept Staff s recommendation. Vote on the motion carried unanimously. APPLICATIONS FOR SATISFACTION, RELEASE OR REDUCTION OF CODE ENFORCEMENT LIENS (See. 2-260, City Code). 1. Case No.2014-42 —Application for Satisfaction or Reduction of Code Enforcement Lien, (226 Polk Ave)-Nationstar Mortgage LLC, Property Owner ( Heith Moilel represents the bank). Code Enforcement Officer Brian Palmer provided an overview of the Case history. The Lien is currently listed at $70,000. The respondent is requesting it to be reduced to a $1.00. Based on evidence presented, Staff respectfully requests the City be reimbursed for Staff time in the amount of $2047.00. Motion was made to recommend the lien be reduced to $5,000.00. Motion by Mr. Hartley, seconded by Ms. Russell to reduce the Lien to $5,000. Vote on the motion carred unanimously. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 6:39 p.m. Approved on this day of Mary Russell, Chairperson Ginger Wright, Board Secretary 2017. Code Enforcement Board Meeting Minutes February 23, 2017 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 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2471, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee iif that person tied of_a febny, unless their civil rights have been restored. �� �% MAR 2 8 2011 Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 2. Home Address: .5,5!5� 3. Home and Cellular Telephone: �• Z+) 7 e4 -- 0 Q #7 3 4. Occupation: Ken "m 5. Business Telephone: '� 6. Business Address: 7. E -Mail: _ r> +�shm C',/AtOO ' 0A B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Are you a Business owner. 3b. If yes to 3a, please list the name: (Y) &0- (N) m L'" (N) (Y) (N) ✓ 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nob contendere (no contest) shall be considered a conviction for purposes of this question. M (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Wool Canaveral advisory board or committee? (y)(N) 5b. If yes to 5a, please list each: "'o Page 1 of 3 6. City ordinance requires that all persons applying for a Business and Economic Development Board City advisory board or committee must voluntarily consent Code Enforcement Board' to a standard criminal background check before being Community Appearance Board appointed to a board or committee. Do you voluntarily initials consent to having a standard background check ✓ performed on you by the City of Cape Canaveral? (Y) (N) 7s. Are you mated to a City of Cape Canaveral Council Planning and Zoning Board* member by blood, adoption, or marriage? (1) (N) �- 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I've been priviledged to own a condo in CC since 2000 (have been a full-time resident since 2007). 1 would be honored to serve as a volunteer on any of the town committees in the Advisory Board List 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. y Board of Adjustment* b. Business and Economic Development Board C. Code Enforcement Board' d. Community Appearance Board e. - 9 Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other: 'Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Foran upon appointment to said board and prior to July f of each year following the initial appointment *hie still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Prior to retiring in 2000,1 worked as a program analyst/compliance officer for several Fed. Depts. (USDA, D01, DOE). My work typically included analyzing documents and data, conducting investigations, preparing written reports and decision papers. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Earned a Master's Deg in General Administration from the Univ of Md. Have good writing and analytical skills and, due to the nature of the information handled, always had a high-level security clearance. Also, for several years had a real estate license and listed/sold properties in Maryland. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT TINE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Date: 3 Z-49ZO) 7 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: GG Date application received: ZO % 7 Date Appointed: Appointed by: Board Appointed to: Terns Expires: Page 3 of 3 4', -.it of Cape Canaveral Community Development Department NOTICE OF HEARING L r1r, l.i J 1 yr %-t►r L %-J-Li IN P& . i:1v�L A Florida Municipal Corporation, CASE No. 2016-101 DATE: 4/712017 Complainant, V. Respondent(s): Kimberly N La Roche Location of the Violation: 116 & 118 Tyler Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 20, 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 7th day of April, 2017 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cane Canaveral. FT, 32920-0199 City of Cape. Canaveral Community Development NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, r Complainant, V. Owners of the property located at, 116 & 118 Tyler Avenue Parcel ID# 24 -37 -23 -CG -00036.0-0013.00 Respondent(s): Kimberly N La Roche, P.O. CASE NO. 2016-101 Date: 5-11-16 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within thirty (30) days. In the event that the violations(s) is/are not corrected within the time period set 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 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 violation(s) exist(s): 116 & 118 Tyler Avenue Parcel ID# 24 -37 -23 -CG -00036.0-0013.00 2. Name and address of owner(s) of property where violation(s) exist: Kimberly N La Roche 1 l 8 Tyler Avenue 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 Notice of Violation Case No. 2016-101 Page 2 On 2/10/16, your property located at 116 & 118 Tyler Avenue was posted with an "Unsafe Posting" due to a fire that started in unit 116 and spread to unit 118 causing the majority of the damage to the 116 unit. Staff spoke with you regarding the permitting requirements and informed you that a permit would be required. To date our office has not received an application for the required permit(s) to start the repairs to the structure. In addition, the exterior area of the units have become overgrown and unmaintained. 3. Description of Violation(s) at property: Section 34-96 (d), Standards established. (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. Section 34-97 (a), (1). 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, debris and inoperable machinery. Section 34-98, (4), (6), Building appearance and maintenance. (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt, or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. Section 82-221, International Property Maintenance Code Adopted (IPMC). 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. 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. c1tvnfcnne..ns71AVP,rn1 nro P -mail infninlrit,�nf��.+Pranacioral nrcr Notice of Violation Case No. 2016-101 Page 3 IPMC Section 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property, which such occupant occupies, or controls, in a clean and sanitary condition. IPMC 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. IPMC Section 108.1. General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. IPMC Section 108.1.1, Unsafe structures. An unsafe structure is one that is found to be dangerous to life, health, property, or safety of the public, or the occupants of the structure, by not providing minimum safeguards to protect, or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged decayed dilapidated, structurally unsafe, or of such faulty construction, or unstable foundation, that partial or complete collapse is possible. Recommendations) to correct the violation(s) described above: ➢ Obtain the required permit(s) to repair the fire damage done to unit(s) 116 and 118. ➢ Maintain the exterior of the property by mowing the front, side and rear yard. Maintain the exterior of the property by removing all trash and debris in the front and side yards. Failure to comply within thirty (30) 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. A4xu- &'za,?1zz— 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 u AV117 ritvnfranFranav�ral Arrr o_m�a ,*+ ��;••�� ^ ^�^ ^1 ^' ^ CityCapeof Canaveral Community Development Department NOTICE OF FEARING _ - -- - --- ---1, A Florida Municipal Corporation, Complainant, V. Respondent(s): Michael C Hoschek Location of the Violation: 220 Fillmore Avenue, Cape Canaveral, FL 32920 CASE No. 2016-103 DATE: 4/7/2017 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 20, 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 7th day of April, 2017 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 CityCapeof Canaveral «� Community Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2016-103 A Florida Municipal Corporation, Date: 6/13/2016 Complainant, V. Owners of the property located at: 220 Fillmore Avenue, Cape Canaveral, FL 32920 PACEL ID: 24 -37 -23 -CG -00052.0-0013.00 Respondent(s): Michael C Hoschek 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 ten (10) 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 ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 220 Fillmore Avenue, Cape Canaveral, FL 32920 PACEL ID: 24 -37 -23 -CG -00052.0-0013.00 2. Name and address of owner(s) of property where violation(s) exist: Michael C Hoschek 3808 South Concord Davenport, IA 52802 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.or e-mail: b palmeracityofcnecanaveral.or Notice of Violation 2016-103 Page 2 During a Code Enforcement sweep of the neighborhood, Staff observed that your property is overgrown and in need of exterior maintenance as described below. 3. Description of Violation(s) at property: Section 34-96. (d). Standards established. (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. Section 34-97, (a), (1), (2). (7) 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. (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. Section 34-122, (a), Public Nuisances. (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. 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. 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.ora e-mail: b.palmer@cityofcavecanaveral.org Notice of Violation 2016-103 Page 3 (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 maybe filed in the office of the clerk of the circuit court and recorded among the public records of the county. 3. Recommendation(s) to correct the violation(s) described above: • Maintain the property by mowing, trimming and removing all debris and dead vegetation. • Repair/replace the deteriorated portions of the fence. 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 the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. "11�01 011 � 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: b.Palmer(a�cityofcapecanaveral.org