HomeMy WebLinkAboutAgenda Pack 1-8-18CITY OF CAPE CANAVERAL
CODE ENFORCEMENT MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
January 18, 2018
6:00 PM
CALL TO ORDER:
ROLL CALL:
Establish Next Meeting Date: February 22, 2018
NEW BUSINESS:
1. Approval of Meeting Minutes: August 17, 2017
2. Request or Satisfaction of a Code Enforcement Lien (215 A Pierce Ave. Cape Canaveral, FL
32920)
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 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
2. Case No. 2017-153 - Violation of Section 102-38, (a) (b) (1) -Enforcement and penalties; Section
102-39, (a) Permits: of the City Code of Ordinances. (Part Of S 210 Ft of Sw '/ Of Sw '/ W Of
Old St Rd 401 As Desc In Orb 3609 Pg 4534 & S 210 Ft Of Sw '/ Of Sw '/ W Of N Atlantic Ave
Exc Orb 3609 Pg 4534, 4434,4328 Pg 3853, 7621 Pg 1480& Rd R/W) Franklin D Hardaway
Trustee; William Geiger Trustee.
3. Case No. 2017-168 - Violation of Section 34-96 Standards established; Section 82-121, (d),
Maintenance requirements; Sections 110-582 Swimming pool barriers: of City Code of Ordnances;
Florida Statutes Ch. 515.29 Residential swimming pool barrier requirements; as adopted by
Chapter 82 of the City of Cape Canaveral Code of Ordinances (210 Harrison Ave.) Rebecca Neely.
Code Enforcement Board
Agenda
February 18, 2018
Page 2
OLD BUSINESS:
None
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 & Economic Development Department
!PkAPPLICANT PROCEDURES FOR APPLYING FOR A REQUEST
OR SATISFACTION 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 release 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 release of the Code
Enforcement Board lien.
] . 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 release 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 strongly recommends you or a
representative is present at the hearing Please initial here:
5. The request will be presented to the Code Enforcement Board and the Board will provide the
applicant with an opportunity to address the Board regarding the Request. The Board shall, by
motion, make a recommendation to the City Council for approval, approval with conditions, or
denial of the application.
6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the
next available City Council meeting date, which is usually the following month.
7. The Code Enforcement Board Secretarywill contact the applicant with the location, date and time
of the next available City Council Meeting. This information is also available on the City of Cape
Canaveral's on line calendar at www.cityofcapecanaveral.org. It is strongly recommended that
you be present at this hearing to represent your request for the satisfaction or release of the lien
8. The City Council may approve, approve with conditions, or deny the application to satisfy or
release the lien.
9. The violator shall have thirty (30) days in which to comply with the conditions imposed by the
City Council. Failure of the violator to comply will result in the automatic denial of the
application for satisfaction or release of the lien.
10. If the application is denied for any reason the violator/application shall not be allowed to apply
for a subsequent satisfaction or release of the lien for a period of one (1) year. During that period
the lien may only be satisfied and released upon full payment of the fine or penalty imposed.
Signature of Applicant: A"MA Date: /2%141-7
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
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CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE #:� 0 " M12.4 APPLICATION FEE: $ I Q(I , 0 n
APPLICANT: _�elpdVGh �CaYTO��
DATE:
ADDRESS: 402
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M1 151 Ycl .
CITY: _ V Y l a na D STATE: ►, ZIP: _ 3 2 8 19
NATURE OF VIOLATION(S):
S
ADDRESS OF SUBJECT PROPERTY: 2.15
S
32920
DATE FINE/LIEN RvIPOSED: 5 12h / 2 D I AMOUNT: _I ,
82 , O 5O. � /DAY O TOTAL
COMPLIANCE DATE: S y 20
RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT
PROPOSES $ 2, 000. 0 0 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 additional pages) 5 P P Ct+ a 610
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
(If more space is needed add additional pages)
THE REASONS, 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
additional pages) 1 C1 Cd
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2
Perm
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 additional pages)
Husband kos� :ob �x d ih olrne • hec�tl%► iss)�s
/S JA,aA l Date: _ W12-611 7
Applicant's Signature
STATE OF
COUNTY OF
aL tj
IBEI�ORE NE the undersigned authority did personally appear pa—, ( - who provided
k -4-4"l 1 i 6 V,,fUQ as identification, and whAc-��&��t
information contained within this application is true and correct. ) after being place under oath, swore or affirmed the
- KAREN HUTCHI
MYCOMMISSION UFF951009 No ry Public
EXPIRES: January 18, 2020
Bonded Thru Notary Public UnderWdtrrr
FOR STAFF USE ONLY
APPLICATION FEE: RECEIVED BY CITY ON j2_jLf
COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON
CODE ENFORCEMENT REVIEW ON
CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES
ACTION OF CITY COUNCIL:
CONDITIONS:
DATE OF COUNCIL ACTION:
APPROVE; _ DENY; _ APPROVE WITH FOLLOWING
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
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The Factual Basis Upon Which the Violator Believes This Application Should Be Granted:
This condo is the last unit in Pierce Condos that remained in foreclosure. It was in various stages
of foreclosure since 2006. During that time, a tenant/squatter moved in. He paid nothing to live
there, and the place began to look terrible. He placed used tires against the building, put rocks
down in the grass to park his vehicles, and had three work trailers that he used to surround the
doorway. He refused to work with the Association to clean the area up.
In the meantime, he illegally hooked the water up in order to live there. If I had not taken the
chance and purchased the unit, it probably would still be in foreclosure with the same squatter.
Once we completed the short sale, I had to hire a lawyer to remove him. I paid $2,500 to a law
firm in Cocoa. The tenant/squatter confronted me more than one time with threats. He started
to destroy the place. After he got the 24 hour notice to vacate the property, he put all the
appliances out on the curb for anyone to pick up. He put holes in the glass in the windows. He
took both the front and back doors off of the hinges and hid them from me. I had to call the
police because he came back to destroy the cabinets while I was there.
After the tenant was removed, we spent approximately $5,000 to get the condo back into
livable shape. We had to purchase new appliances, replace panes on windows, and get a new
front door that meets the current code, but I moved forward. It looks great now, and a nice
couple is living there.
This development was a mess for many years. The developer walked away and left the property
to accumulate all the liens. After the current owners, including myself, bought units there, we
cleaned up the grounds. We organized the Association and installed a Board of Directors. We
paid to have the irrigation system repaired. We have insurance for the first time in many years.
All of the code violations have been addressed.
We, the current owners, have spent a lot of time and money in our commitment to get Pierce
Condominiums up to the City of Cape Canaveral standards. We want this development to be
something the City can be proud of. I hope each of you can see the progress we have made.
I was not an owner when these fines occurred. If I had been, I would have worked hard to see
that the weeds, water, and electrical were up to City Code. I want very badly to get this lien
settled, so I can move forward to be a productive owner in Cape Canaveral. This is our
retirement income, so we want to take care of the property and keep it in compliance.
CityCapeof Canaveral
Community Development Department
NOTICE OF HEARING
A Florida Municipal Corporation,
CASE No. 2016-101
DATE: 1/2/2018
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 January 18, 2018 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 2nd day of January, 2018
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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CityCapeof Canaveral
Community Development
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
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 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):
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
118 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
www.cityofcapecanaveral.or e-mail: info(a�city ofcapecanaveral.org
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), Buildiniz 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.cityofcapecanaveral.or e-mail: infokcityofcapecanaveral.org
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.
4. Recommendation(s) 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.
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: infoLucityofcapecanaveral.org
CityCapeof Canaveral
!CA"Pa
M OF
Economic Development Department
N4Y�
IL REVISED NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
CASE NO. 17-153
Date: 10/5/2017
Owners of the property located at:
Vacant Parcel known as:
Part Of S 210 Ft Of SW 1/4 Of Sw 1/4 W Of Old St Rd 401 As Desc In Orb 3609 Pg 4534 &
S 210 Ft Of SW 1/4 Of Sw 1/4 W Of Atlantic Ave Exc Orb 3609 Pg 4534, 4328 Pg 3853,
7621 Pg 1480 & Rd R/W
PARCEL ID: 24-37-14-00-00548.0-0000.00 & 24-37-14-00-00520.0-0000.00
Respondent(s):
Hardaway, Franklin D Trustee; Geiger, William Trustee
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):
Part Of S 210 Ft Of SW 1/4 Of Sw 1/4 W Of Old St Rd 401 As Desc In Orb 3609 Pg 4534 &
S 210 Ft Of SW 1/4 Of Sw 1/4 W Of N Atlantic Ave Exc Orb 3609 Pg 4534, 4328 Pg 3853,
7621 Pg 1480 & Rd R/W
2. Name and address of owner(s) of property where violation(s) exist:
Hardaway, Franklin D Trustee; Geiger, William Trustee
PO Box 320325
Cocoa Beach FL 32932
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
C".or
CAPE CAIYWERAL
CityCapeof Canaveral
Community Development Department
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2017-153
A Florida Municipal Corporation, DATE: 1/2/2018
Complainant,
V.
Respondent(s):
Hardaway, Franklin D Trustee; Geiger, William Trustee
Location of the Violation:
Part Of S 210 Ft Of SW 1/4 Of Sw 1/4 W Of Old St Rd 401 As Desc In Orb 3609 Pg 4534 &
S 210 Ft Of SW 1/4 Of Sw 1/4 W Of N Atlantic Ave Exc Orb 3609 Pg 4534, 4328 Pg 3853, 7621 Pg 1480 & Rd
R/W
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 18, 2018 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 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 2nd day of January, 2018
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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Page 2
2017-153
Staff received a complaint regarding land clearing of a vacant lot on North Atlantic Ave,
specifically parcel 24-37-14-00-00548.0-0000.00 & 24-37-14-00-00520.0-0000.00. A site visit
to the property revealed land clearing in progress. Staff made contact with an individual using
a forestry mulcher to clear the vacant lot. A records search revealed no issuance of a permit to
clear the property.
3. Description of Violation(s) at property: Section 102-38, (a) (b) (1) — Enforcement and
penalties.
(a) Enforcement. The city may enforce the provisions of this division by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the City's Code
Enforcement Board or Special Master, and seeking injunctive and equitable relief. For purposes
of determining the penalties provided under this division the removal, or death of a tree in
violations of this division shall be deemed irreparable or irreversible. Further, each day a
violation continues shall constitute a separate violation. It shall also be a separate violation of
this division for each tree removed without a permit.
(b) Penalties. In addition to all other remedies set forth in this division, one or more of the
following civil fines shall apply to violations of this division:
(1) Failure to obtain a permit required by Section 102-39. Fine of $250.00 per tree or $500.00
per specimen tree removed, plus $500.00 per quarter acre of understory cleared.
These are the calculations for the land clearing. The property is 1.85 acres of which
1.85 acres were cleared and two trees removed. The fees are as follows:
1.85 acres divided by .25 (quarter acre) = 7.40
7.40 (quarter acre) x $500.00 (fine per quarter acre) = $3,700.00
2 trees x 250.00 = $500.00
Total = $4,200.00
Section 102-39, (a) — Permits.
(a) Permit required. No person shall engage in tree removal or engage in land clearing within
the city without obtaining a land -clearing permit required by this division and issued by the
building official. If a property owner has retained a contractor to perform the tree removal or
land clearing, the contractor shall be responsible for obtaining the permit required by this division
prior to the tree removal or land clearing.
4. Recommendation(s) to correct the violation(s) described above:
• Pay the four thousand two hundred dollars ($4,200.00) fine for the land clearing
and removal of trees from your vacant parcel of land known as Parcel ID #24-37-
14-00-00548.0-0000.00 & 24-37-14-00-00520.0-0000.00.
• Obtain a permit for the land clearing.
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 3
2017-153
Land clearing means the disturbance or removal of vegetation from any site, parcel or lot using
backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots,
branches, or trunks; provided, however, it does not include routine mowing, sod replacement,
planting of landscape material, shrub pruning, and shrub removal, and tree trimming or pruning,
which does not result in grade changes.
Land clearing permit shall mean a permit issued by the building official under this division
which authorizes land clearing and/or tree removal activities.
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.
, - �_ '�- + - �I ----? _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
www.cityofcapecanaveral.org e-mail: b.palmergcityofcapecanaveral.org
CityCapeof Canaveral
Community Development Department
NOTICE OF HEARING
111E Vl l 1 Vl V[ 11 L Vt Il �I> Y Ll�l1L
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
NEELY,REBECCA
Location of the Violation:
210 HARRISON AVE., CAPE CANAVERAL 32920
CASE No. 2017-168
DATE: 12/7/2017
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 18, 2018, 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 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 da ecember, 2 7
is Ro mson, 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.citvofcapecanaveral.ory e-mail: b.Palmera..citvofcanecanaveral.orn
CityCapeof Canaveral
Community Development Department
NOTICE OF VIOLATION
►NAVERAL
ration,
Owners of the property located at:
210 Harrison Ave. Cape Canaveral FL. 32920
PACEL ID: 24 -37 -23 -CG -00032.0-0011.00
Respondent(s):
Neely, Rebecca J
CASE NO. 2017-168
Date: 11/01/2017
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 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):
210 Harrison Ave. Cape Canaveral FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Neely, Rebecca J
210 Harrison 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.cityofcapecanaveral.org e-mail: b.palmerkcityofcapecanaveral.oi•t:
Page 2
2017-168
Our office received a complaint regarding the condition of your swimming pool and fence. A
site visit revealed the yard is in need of mowing and trimming, the pool is green and the fence is
in a dilapidated condition with portions falling over or missing. Due to the missing fence your
pool no longer has a proper barrier.
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.
Sec. 82-121 (d). - Maintenance requirements.
(d) Pools and spas shall be regularly kept in working order so that pool and spa water remains
free and clear of pollutants and debris. Pools and spas shall comply with the enclosure
requirements of the City Code and Florida Building Code.
Sec. 110-582. - Swimming pool barriers.
Swimming pool barriers shall be required pursuant to F.S. ch. 515, and the Florida Building
Code, as adopted by chapter 82 of this code.
F.S. Ch. 515.29 Residential swimming pool barrier requirements
(1) A residential swimming pool barrier must have all of the following characteristics:
(a) The barrier must be at least 4 feet high on the outside.
(b) The barrier may not have any gaps, openings, indentations, protrusions, or structural
components that could allow a young child to crawl under, squeeze through, or climb over the
barrier.
(c) The barrier must be placed around the perimeter of the pool and must be separate from any
fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or
portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and
meets the barrier requirements of this section.
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.ore-mail: b.palmer cityofcapecanaveral.org
Page 3
2017-168
(d) The barrier must be placed sufficiently away from the water's edge to prevent a young child
or medically frail elderly person who may have managed to penetrate the barrier from
immediately falling into the water.
(2) The structure of an aboveground swimming pool may be used as its barrier or the barrier
for such a pool may be mounted on top of its structure; however, such structure or separately
mounted barrier must meet all barrier requirements of this section. In addition, any ladder or
steps that are the means of access to an aboveground pool must be capable of being secured,
locked, or removed to prevent access or must be surrounded by a barrier that meets the
requirements of this section.
(3) Gates that provide access to swimming pools must open outward away from the pool and
be self-closing and equipped with a self -latching locking device, the release mechanism of which
must be located on the pool side of the gate and so placed that it cannot be reached by a young
child over the top or through any opening or gap.
(4) A wall of a dwelling may serve as part of the barrier if it does not contain any door or
window that opens to provide access to the swimming pool.
(5) A barrier may not be located in a way that allows any permanent structure, equipment, or
similar object to be used for climbing the barrier.
As adopted by Section 110-582 Swimming pool barriers of the city code
3. Recommendation(s) to correct the violation(s) described above:
• Install pool barrier in accordance with F.S. chapter 515.29
• Pool in working order free of pollutants and debris.
• Mow and trim overgrown grass and weeds.
• Apply/obtain all applicable permits.
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 C veral, (321) 868-1222.
Chris Robinson
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 e-mail: b.palmer(c�cityofcapecanaveral.or�
Code Enforcement Board
Meeting Minutes
August 17, 2017
exhibits. Contractor came in and applied for permit. Staff told contractor that they had to register
with Brevard County, before they could get a city permit.
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 September
20, 2017 to come into compliance or a fine be imposed in the amount of $100.00 for the first day
and $25.00 every day thereafter; until compliance is confirmed by the Code Enforcement Officer
and all costs associated with enforcement of violation be imposed.
Motion by Mr. Godfrey, seconded by Mr. Hale to accept Staff's recommendation. Vote on the
motion carried unanimously.
2. Case No.2017-147 - Violation of Section 34-96, (d), Standards established; Section 34-97,
(b), (1),(2); Duties and responsibilities for maintenance; of the City Code of Ordinances. (7700
N Atlantic Ave. Circle K)-Dbnch Circle LLC, Property Owners.
Code Enforcement Officer Brian Palmer gave testimony as of 2:OOP.M. August 17, 2017 they were
in compliance.
OLD BUSINESS:
None
ADJOURNMENT:
Meeting adjourned at 6:18 p.m.
Approved on this day of
Mary Russell, Chairperson
Ginger Wright, Board Secretary
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.
Code Enforcement Board
Meeting Minutes
August 17, 2017
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