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HomeMy WebLinkAboutAgenda Package 4-18-18CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA April 19, 2018 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: May 17, 2018 NEW BUSINESS• 1. Approval of Meeting Minutes: March 22, 2018 COMPLIANCE HEARINGS: 1. Case No. 2018-182 - Violation of Section 110-555, Paving of Vehicular use areas. Section 110-556, Vehicular rental facility; of the City of Cape Canaveral Code of Ordinances, (6850 N. Atlantic Ave.) — Patel, Yogeshkumar S. Property Owner.- In compliance. PUBLIC HEARINGS: Case No. 2018-173 — Pursuant to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances. Section 34-97 (a), (1), Duties and responsibilities for maintenance; Section 34-122.(a) Public nuisances prohibited; Section 34-126. (a), (b), (c), Remedy by the city, of the City of Cape Canaveral Code of Ordinances, (210 Columbia Dr.) — Hauf, Lucinda Property Owner 2. Citation No. 0163 — Pursuant to Section 162.07, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances. Section 102 -40 -Pen -nit criteria, (319 Harbor Dr.) — Fish, John Property Owner (Company Blue Bell Landscaping) OLD BUSINESS: None Code Enforcement Board Agenda April 19, 2018 Page 2 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 March 22, 2018 A Regular Meeting of the Code Enforcement Board was held on March 22, 2018, at Cape Canaveral City Hall Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter P. Godfrey, Jr James Hale Charles Hartley Paula Collins Inez Stone Christopher Cloney MEMBERS ABSENT OTHERS PRESENT Chairperson Vice Chairperson Jennifer Nix Assistant City Attorney (Virtual Attendance) Brian Palmer Code Enforcement Officer Chris Robinson Code Enforcement Officer Ginger Wright Board Secretary Board members established the next meeting would be on April 19, 2018. Assistant City Attorney Nix swore in all persons giving testimony. We did our first Virtual Attendance for the Assistant City Attorney Jennifer Nix. Todd Morley (Economic Development Director) spoke about the hearing on the City's foreclosure Case for the property at 7521 Magnolia Ave. this structure has been in the Code Enforcement process for a number of years and has accumulated a significant City lien. The City's foreclosure case has been stayed due to the owner's Bankruptcy Filing. NEW BUSINESS: 1. Approval of Meeting Minutes — February 22, 2018. Motion by Mr. Hale second by Mr. Godfrey. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 22, 2018 PUBLIC HEARINGS: 1. Case No. 2018-182 - Violation of Section 110-555, Paving of Vehicular use areas. Section 110-556, Vehicular rental facility; of the City of Cape Canaveral Code of Ordinances, (6850 N Atlantic Ave.) — Patel, Yogeshkumar S. Property Owner. Code Enforcement Officer Chris Robinson provided an overview of the Case history and presented exhibits. He testified Notice of Hearing was mailed on January 19, 2018. 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 April 18, 2018 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. Cloney, seconded by Mr. Hale to accept Staff's recommendation. Vote on the motion carried unanimously. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 6:20 p.m. Approved on this day of )2018. 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. Yogeshkumar Patel 6850 N. Atlantic Ave. Cape Canaveral, FL 32920 CASE NO: 2018-182 CityCapeof Canaveral Community Development Department DTICE OF COMPLIANCE LOCATION OF VIOLATION: 6850 N. Atlantic Ave. Cape Canaveral, FL 32920 PARCEL ID: 24 -37 -23 -CG -00073.0-0001.010 RESPONDENT(S): Yogeshkumar Patel: A site inspection of the property located at 6850 N. Atlantic Ave. revealed the property to be in compliance. DESCRIPTION OF VIOLATION: Section 110-555, Paving of vehicular use areas. Section 110-556, Vehicle rental facility. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1222. Sincerely ) j Chris Robinson Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 V ` CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case # 17-182 A Florida municipal corporation, Complainant, V. Patel, Yogeshkumar S Respondent, Subject Property: 6850 N. Atlantic Ave. Cape Canaveral, Florida 32920 Parcel number: 24 -37 -23 -CG -00073.0-0001.00 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 March 22, 2018 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, the following Findings of Fact and Conclusions of Law 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 110-555 and 110-556, of the City of Cape Canaveral Code of Ordinances. 2. That a Violation of Section 110-555, Paving of vehicular use areas; Section 110- 556, Vehicle rental facility, of the City of Cape Canaveral Code of Ordinances; exists or existed on 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 violation within the reasonable time period provided in the Notice of Violation. Case # 17-182 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 were present at the hearing; 5. That, based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 110-555 Paving of vehicular use areas and Section 110-556 Vehicle rental facility. 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 April 18, 2018, to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation 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 violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be entered in the amount of one hundred dollars ($100.00) for the first day and twenty five dollars ($25.00) per day 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; 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(s) 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(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. Case # 17-182 DONE AND ORDERED at Cape Canaveral, Florida, this 23th day of March, 2018. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rus II, Chairperson Copies furnished to: CERTIFIED MAIL 7012 2210 0001 9744 6929 Patel, Yogeshkumar, Respondent 6850 N. Atlantic Ave. Cape Canaveral, Florida 32920 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent(s) and/or Respondent's authorized representative on this day of , 2018. Ginger Wright Clerk to the Code Enforcement Board .itYCapeof Canaveral Community Development Department A Florida Municipal Corporation, Complainant, V. Respondent(s): HAUF, LUCINDA NOTICE OF HEARING Location of the Violation: 210 COLUMBIA DR, CAPE CANAVERAL 32920 CASE No. 2017-173 DATE: 3/29/2018 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 19, 2018 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Coucil Chambers, 100 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 29th day of March, 2018 7-� , -�-- Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue Cape Canaveral, FL 32920-0326 /271\ QKQ 111n _.1r.,. /2711 4A4 l )A 7 CityCapeof Canaveral Community Development Department NOTICE OF VIOLATION .NAVERAL ration, Owners of the property located at: 210 COLUMBIA DR, CAPE CANAVERAL 32920 Respondent(s): HAUF, LUCINDA CASE NO. 2017-173 Date: 11/9/2017 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): 210 COLUMBIA DR, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: HAUF, LUCINDA 210 COLUMBIA 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 .:nx, ritvnfrarP�anavPral nro email• h ralmPrnritvnfranPranavPral n Page 2 2017-173 Our office received a complaint regarding the condition of your property and a site visit revealed the exterior of the property, in poor condition. 3. Description of Violation(s) at property: 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, refuse, debris and inoperative machinery. Section 34-122. (a) Public nuisances prohibited. (a) All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height.. 4. Recommendation(s) to correct the violation(s) described above: • Mow grass and remove all weeds and debris from property Section 34-126. (a), (b), (c), Remedy by the city. (a) Upon failure, neglect or refusal of any owner or agent notified as provided in this article to cut, destroy or remove weeds, grass, trash, rubbish or other matters as required under the notice provided in section 34-123, within ten days upon receipt of the notice, the city may, in addition to other penalties provided for in this Code, pay for the cutting, destroying or removing of such material or effect the removal by the city. (b) After causing the condition to be remedied, the building official shall certify to the city treasurer the expense incurred in remedying the condition and shall include a copy of the notice whereupon such expense shall become payable within 30 days. After the 30 days, a special assessment lien in charge will be made against the property, which shall be payable with interest at the rate of eight percent per annum from the date of such certification until paid. 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 1 11fvI-f'I-n oI1-1 — o_m�il• 11 „�1„,,61)nif� —f n, -,—,,n„-1 n Page 3 2017-173 (c) Such liens shall be enforceable in the same manner as a tax lien in favor of the city and may be satisfied at any time of payment thereof, including accrued interest. Upon such payment, the clerk of the circuit court shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof and notify the tax collector of such satisfaction. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the public records of the county. 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 CityCapeof Canaveral Community Development Department NOTICE OF HEARING ___- - -- - - - — - -- I A Florida Municipal Corporation, Complainant, V. Respondent(s): Blue Bell Landscaping Location of the Violation: 1205 S. Banana River Dr. Merritt Island, Fl. 32952 CITATION No. 0163 DATE: 4/09/2018 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 19, 2018, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the new City Hall Council Chambers, 100 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 this 9t y of ril, 2 18 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 cj))- 13L,e-, 6C& LANDSCAPING 1200 S Banana River Drive • Merritt Island, FL 32952 • 321-453-0102 April 9, 2018 RE: 319 Harbor Drive Cape Canaveral, Florida 32920 Citation Number: #0163 To Whom It May Concern, I am writing to you today because as the owner of Blue Bell Landscaping, I was informed that there was a dead tree at the above referenced address. I inspected the tree with the Homeowner and determined that in fact that tree was dead. I then instructed one of my tree trimming professionals to remove the tree. I apologize that I did not obtain a permit from the City of Cape Canaveral before removal of the tree. Going forward, my staff and I are aware of the procedures that are to be followed in accordance with the City of Cape Canaveral. Thank you very much for your time and consideration with this matter. Sincerely; Peter T. Black, Owner Blue Bell Landscaping, Inc. APR f �S ITIH Cape Canaveral, FL Code of Ordinances Sec. 102-40. - Permit criteria; exemptions; standards of review. Page 1 of 4 (a) Permitted criteria. Upon receipt of a completed application and verification by the building official, the building official may, after applying the standards of review set forth in subsection (c), issue a land clearing permit under any one of the following conditions: (1) For building and construction sites, as shown on city -approved site plans, provided trees and landscaping are installed on the property in accordance with section 102-43 of this division. (2) The trunk of the tree is located closer than five feet to the foundation of an existing or proposed structure, and it is not feasible to relocate the structure, provided trees and landscaping are installed on the property in accordance with section 102-43 of this division. (3) The trunk of the tree is located closer than ten feet from the foundation of an existing or proposed structure and the tree is considered having an aggressive root system or the natural mature height is greater than 30 feet and it is not feasible to relocate the structure, provided trees and landscaping are installed on the property in accordance with section 102-43 of this division. (4) Trees severely diseased, severely injured or dead. (5) Trees that interfere with the construction or repair of public infrastructure and facilities. (6) Undesirable trees, per section 102-53 of this division. (7) Trees that have been approved for removal by the building official and which shall be replaced elsewhere on the property. (b) Permit exceptions The following tree removal activities are exempt from the permit requirements of this division: (1) Trees removed by the city or other governmental agency and which interfere with the safety of the motoring public or disrupt public utilities such as power lines, drainage systems and other public utilities. (2) All trees and plants, within a licensed tree nursery, planted for harvest provided said trees and plants are planted and growing on the premises of the licensee and are for sale or intended for sale in their ordinary course of business. about:blank 4/9/2018 Cape Canaveral, FL Code of Ordinances Page 2 of 4 (3) The emergency removal of a dead, hazardous or seriously damaged tree, to mitigate an imminent threat to the health, safety, and welfare of the property owner or the general public. Prior to any emergency removal, the property owner shall be required to document the immediate threat requiring emergency removal with the following: a. Photograph(s) of the tree(s), including any areas that may be damaged, diseased or infested; b. Approximate measurements of the tree height, spread, and DBH; and c. Distance to structure(s) or other immovable, threatened target(s) if felled. (4) Land clearing and tree removal activities authorized and preempted by state or federal law. (5) Trees planted specifically for silvicultural purposes provided the property owner can provide documentation to the city evidencing that: (i) the property is requested as a silvicultural site with the division of forestry; and (ii) trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property has, or intends to, generate income from the harvested trees. (6) The removal of any plant or tree that is an invasive or undesirable species as set forth in section 102-53. (7) The removal of vegetation that has been ordered by the city. (8) Land clearing and tree removal on parcels containing an existing residential single-family dwelling unit or duplex or triplex that have been issued a certificate of occupancy. These parcels shall remain subject to the provisions of sections 102-41 and 102-45. (9) Any parcel subject to a city development order authorizing the construction of a new residential single-family dwelling unit, duplex or triplex, or a subdivision with three or less single-family dwelling units. These parcels shall remain subject to the provisions of sections 102-41 and 102-45. (10) Land clearing and tree removal on undeveloped parcels in the R-1, R-2 and R-3 zoning districts that are less than 10,000 square feet. These parcels shall remain subject to the provisions of sections 102-41 and 102-45. (c) Permitted standards of review. When making decisions under this division, the city about:blank 4/9/2018 Cape Canaveral, FL Code of Ordinances shall be guided by the following standard of review guidelines:. Page 3 of 4 (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and utilizing public easements and rights-of-way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to buildings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and nonoccupled structures that are typically caused by settling and small roots shall not be considered a safety hazard. (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural defects that pose a clear and obvious safety hazard to people, buildings or other improvements on lot or parcel of land. (4) The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. (5) Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. (6) Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. (7) Good forestry practices, such as the number of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. (8) Necessity to remove trees in order to construct approved and permitted improvements to allow reasonable economic enjoyment of the property, including: a. Need for access around the proposed structure for construction equipment (maximum of ten feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. d. Need for locating street or road rights=of=way, utilities, drainage ways, as well as the need to provide reasonable use and property access. about:blank 4/9/2018 Cape Canaveral, FL Code of Ordinances Page 4of4 (9) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (10) The species and size of the trees proposed for removal. (11) The following factors shall also be considered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009, § 2,1-5-10; Ord. No. 01-2015, § 2,1-20-15) about:blank 4/9/2018 A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVAL UA 77ON FORM 2nd Edition SWAM=:3I 1 /TQcfJbr dc owner: public _ private urrlerown other or Deh d lest irtepeat m tf1 I,,- I 1kaw: I _ 1p8dw CHOL(AcaaS oa5s1g Foran: viene * ynnr w* Oprrrorssyrrarreay Omwomnetry onwa detre: 0-n-*--- 964mv*m O imentnedde U104111wn0 — % A00 dM o,rormo ❑eemk lrtlnleo lrleleA: Mc m O am -mm --,. l lnned Otopped O none mAple pnatbrg eyerNe Approx. dales: --I- + + .. = Failure + She + ,most ilawd Potential of pert FWrg Reflrg wwwaiate action needed Needs turtMer inspedbn i Dead tree SCA 5Sra r• ❑stump Sproul ❑ stagbeaded ❑ �r�e�► an 0d mature o ow--maturaftneswit nosed Eli --, -1 Ocrown reduced Oflush tats Ocabled&aced tpedd rblee: 0 -ped 1 O bukwfiiftk O wWft ❑ unusual D eb eet bee One—onn O A& O k diwmn ❑ prolecW by gov aparrey Fdlep alar: Own Fdlop aeaMy: O nomad O drorotic Mfnomk Epkermin? Y O sparse Lai m' 'Onormal O small AmW died dwk O erroebertt O average poor I" r © N MMee1wM IeeeNplaeat Ow F.1-1 - Davae Voom". poor r�none Weer dam O me>ersrr O average ❑ fair I WO -No r2EL �.5 ddQ A 4Le fMe Areae- , 0-1 - ❑ SWCes O whrm ❑ stns OC" O COYPNMW O ouerds to M Clrsras1�' snsidarce O caanrmdal O InduWW ❑ park ❑ o ❑ n�rrai ❑ woodland�forest Lseie m INS: ❑ O raised bed O ooetelner O mound Cl mm D shrub border O wind break Inipatloe: O none Adequate ❑ kwde x* O emnsiMe Q trunk welUed RaW die ahttaberree7 Y O Q ruction D soildisturbance O grade charge 01ine deartng O she clearing % Moie patrrea: 09'. 10-25% 25-5096 50-75% 75-100% PWnmed MW Y NO % *b tea W/ml Solt 046 10-25% 2 50-75% 75-100% %angle pare lorsared: 10-25% 25-50% 50-75% 100% Soil prableerc O dnrrope ❑ stakw O oompaeled droughty O saline alkaline G ae dic D small volume O disease anter O hislory of fail D day O mpensk O skips ° aspect: Okftdhm: O WO O signage Dine -of -sight O view D overhead lines O underprourW OMm O kaffx ❑ adjam t veg. me.- Es'earee laarid: Q/iMb hes O Carx" O above canopy 0recently D windward. campy edge l7 area prone to wm t mw Prwaiieg win aieaifew xurrerrce Oof snowAce storms 19'nerer O sekkrrn ❑ regWary Use Uder?m D buidirg C7 perking D traffic C pedestrian W4cremtwi hAndscape O hardscape U smd features U utility lines C0 tatrpd N momm Y ® Cee ane M ndrieYa7 Y Q U fl, casiorW use 0 inbnrallerd use ❑ frertrrent use /=WWI use The Mterrratlortet Society of Arborbulbn assumes no tesportsibilry for condusions or recorrrr wWations derived tram use of this farm TREE DEFECTS WvrWRv. lMrN" not risk Y ® ttlwlaroeatllilreralllbnelrel ln&* fqwd mm O wore O modw* D low Undo w": O -sues � n>odeaale "pow: 0 — d dm traptruale five- W h as": O % ewteasa roeealed: Y Whm Ilad"W and ens O esuirn O Zlow hUMr net alliin: OWN O moderate � ===:=— deg. Irom "rkof �irturtl C] unmlw l oleiwred to fmWev Y bm b pbw ei lovas` Y ® Reels mw - Y Q =e0 wadmo: Y M / S «-seal-`: O severe a.rwar"❑ moderele mow d iwir &d detects sand rade #* oue* (s •severe, m a gwderete, l = low) HAZARD RATING Im port most liaetjt to -sail: E 4 a? impedion Dom; arxKrat! biannual Odwf I I 7 Fah" Potentas.l + Size of Part + Target lianrld �0 + q +_ ,failure potential: 1 - low: 2 - medium; 3 - high; 4 - severe She of part: 1 -.r (15 cm); 2 - 6-18" (15-45 cm); 3.18-30" (45.75 cm); 4 - i3r (75 cm) urge- rang: 1- wmioml use; 2 intermittent use; 3. lmqueni use; 4 - constard use Prrrafe: O remove dete&M a6ra O reduce end weight U =m clean O thin O raise UnWY O crown reduce ❑ restrucwre O shape reseed wk—er. O rw crown U decry L aerW O wnitor Gaaliel fut: Remora Ime'. 6) H pafr7 Y k -den tergal: Y 0 m*r: pfd on odlu et tees` Drone ❑ova! Q 11aulkaRoar: O owner D irAraager Z� agency Do% � � � M' S COMM Ile eaZ 1�fcU�/ wa S CL yeA64A. s Ifee wa 5 dam. � e J in*5(c 1 a v.I �y e�J CLs���1 �1� Alr)em� +� o �e add�cs S' S a +► /,fit i a'Ai `note 9025 >�l0115 P 5