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HomeMy WebLinkAboutCEB Agenda Pkt. 4-20-2017CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA August 17, 2017 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: September 21, 2017 NEW BUSINESS: 1. Approval of Meeting Minutes: April 20, 2017 COMPLIANCE HEARINGS: None PUBLIC HEARINGS: 1. Case No. 2017-142 - Violation of Section 105, Required Permit(s); Section 110, General Inspection(s), of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (8440 Astronaut Blvd Unit) — Vartan R. Mouradian and Sylvia Mouradian, Property Owners. 2. Case No. 2017-147 - Violation of Section 34-96, (b), (d), Standards established; Section 34-97, (b), (1), (2), Duties and responsibilities for maintenance; of the City of Cape Canaveral Code of Ordinances, (7700 N Atlantic Ave.) — Dbnch Circle LLC, Property Owners. 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. CityCapeof Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Mouradian, Vartan R. Mouradian, Sylvia CC: STARBOARD GROUP ADMINISTRATIVE SERVICES, LLC C/O LEVY, ANDREW Location of the Violation: 8440 Astronaut Blvd Unit Wendy Cape Canaveral FL 32920 CASE No. 2017-142 DATE: 8/4/2017 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 17, 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 4th day of August, 2017 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral; FL 32920-0326 Talp"bnna ('111) RAR -1111 Fnv f2711 RAQ 1 )A 7 CityCapeof Canaveral Community Development Department NOTICE OF VIOLATION �NAVERAL gyration, Owners of the property located at: 8440 Astronaut Blvd Unit Wendy Cape Canaveral FL 32920 PARCEL ID: 24 -37 -15 -76 -*-1 Respondent(s): Mouradian, Vartan R. Mouradian, Sylvia CASE NO. 2017-142 Date: 4/25/2017 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 (l 5) 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): 8440 Astronaut Blvd Unit Wendy Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Mouradian, Vartan R. Mouradian, Sylvia 12052 Silver Fox Rd Los Alamatos, CA 90720 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 ww.cityofcapecanaveral.orP_ e-mail: b.nalmerQcitvofcanecanaveral.o Page 2 2017-142 Staff received a complaint regarding the replacement of a light pole without a permit. During a site visit staff observed a light pole had been replaced. The building Official made contact with the on duty manager who stated he would inform his supervisor they needed to obtian a permit. 3. Description of Violation(s) at property: FLBC Section 105 Required Permit(s) 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 electrical, gas, mechanical or plumbing system, the installation to which is 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. FLBC Section 110 General Inspection(s) Construction or work for which a permit is required shall be subject to 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(s) to correct the violation(s) described above: s Obtain a permit and final inspection for the light pole. 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. 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.or,Q� e-mail: b.palmers.citvofcanecana.veral.oru CityCapeof Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Dbnch Circle LLC C/O NATIONAL CORPORATE RESEARCH,LTD.,INC. R.A. CC: Circle K Stores Inc Location of the Violation: 7700 N Atlantic Ave Cape Canaveral FL 32920 CASE No. 2017-147 DATE: 8/4/2017 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 17, 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 4th day of August, 2017 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 T.h-.nhnna (1?t ) R6R-1??7 Fa,r (V)1) RFR-1?d7 City of Cape Canaveral :OCommunity, Development Department CT . NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 7700 N Atlantic Ave Cape Canaveral FL 32920 Parcel ID: 24 -37 -23 -CG -31-1 Respondent(s): Dbnch Circle LLC C/O NATIONAL CORPORATE RESEARCH, LTD., INC. R.A. CASE NO. 2017-00147 Date: 5/24/2017 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 ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 7700 N Atlantic Ave 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 www.cit.vnfcanPnanave.ral nro P -mail nra Page 2 2017-00147 2. Name and address of owner(s) of property where violation(s) exist: Dbnch Circle LLC CC: Circle K Stores Inc C/O NATIONAL CORPORATE PO Box 52085 RESEARCH,LTD.,INC. R.A. Phoenix AZ. 85072 115 North Calhoun St. Suite 4 Tallahassee, FL 32301 Our office received a complaint regarding the condition of your dumpster enclosure and a site visit revealed the doors on your dumpster enclosure are dilapidated and in need of repair. 3. Description of Violation(s) at property: Section 34-96. (b), (d) Standards established. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property 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 such structure or part of any feature thereof was designed or intended to be used. (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 (b), (1), (2) Duties and responsibilities for maintenance. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and occupants, operators, tenants or anyone otherwise using the property in any form or manner shall provide: (1) Adequate placement of trash cans and dumpsters in strict observance of applicable sections of this Code and guidelines for garbage and trash collection service. (2) Screening of service yards and dumpster area by use of walls, fencing, planting or a combination of these on three sides with the open side positioned away from public view when possible, and which meet the design requirements as adopted in Appendix A [refer to building department] of this article referring to this section. Screening shall be equally effective in winter and summer. 4. Recommendation(s) to correct the violation(s) described above: 0 Repair dumpster enclosure Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 w-anu nitunfnanar.an avPral nrcr a -mail• infnin, olfwnf­,,"aranawf-,al nr" Page 3 2017-00147 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. 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_citvnfcanecanaveral.nru e-mail- in fnnnitvnfna„P.nanaVPYaI nra CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES April 20, 2017 A Regular Meeting of the Code Enforcement Board was held on April 20, 2017 in the 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 Chairperson James Hale Charles Hartley Paula Collins MEMBERS ABSENT Christopher Cloney Walter P. Godfrey, Jr Vice Chairperson OTHERS PRESENT Jennifer Nix Brian Palmer Chris Robinson Ginger Wright Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Board Secretary Board members established the next meeting would be on May 18, 2017. Assistant City Attorney Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes — February 23, 2017. Motion by Mr. Cloney, seconded by Ms. Stone, to approve the meeting Minutes of February 23, 2017. Vote on the motion carried unanimously. 2. Interview & Recommendation to City Council Re: Potential Board Member Inez Stone. Discussion ensued to include length of time Ms. Stone has lived in Cape Canaveral; reason for applying to Code Enforcement Board; retired from Department of Agriculture after 20 years and Board Members expressed gratitude that she applied. Motion by Mr. Cloney, seconded by Mr. Hartley to recommend to City Council the appointment of Inez Stone to fill the Code Enforcement Board vacancy. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 20, 2017 PUBLIC HEARINGS: 1. Case No. 2016-101 - Violation of Section 34-96, (d), Standards established; Section 34-97, (a), (1), Duties and responsibilities 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. (116-118 Tyler Ave) - Kimberly N La Roche . After review, Officer Brian Palmer decided to table this case for a later date. 2. Case No. 2016-103 - Violation of Section 34-96, (d), Standards established; Section 34-97, (a), (1),(2),(7); Duties and responsibilities for maintenance; Section 34-122, Public nuisances prohibited; of the City Code of Ordinances. ( 220 Fillmore Ave) - Michael Hoschek Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. He testified Notice of Hearing was mailed on April 17, 2017. Based on evidence and testimony presented, Staff respectfully requested the Respondent be found in violation, as set forth in the revised notice of violation, and give the Respondent until May 17, 2017 to come into compliance or a fine be imposed in the amount of $100.00 for the first day and $25.00 everyday thereafter; until compliance is confirmed by the Code Enforcement Officer and all costs associated with enforcement of violation be imposed. Motion by Mr. Cloney, seconded by Mr. Hartley to accept Staffs recommendation. Vote on the motion carried unanimously. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 7:04 p.m. Approved on this day of , 2017. Mary Russell, Chairperson Ginger Wright, Board Secretary Code Enforcement Board Meeting Minutes Apri120, 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.