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Home My WebLink AboutAgenda package 7-19-18CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA July 19, 2018 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: August 16, 2018 NEW BUSINESS: 1. Approval of Meeting Minutes: May 17, 2018 COMPLIANCE HEARINGS: None PUBLIC HEARINGS: 1. Case No. 2016-112 —Violation of Section 94-9, Wind pressure and dead load; Section 94-10, (a), (b) Maintenance, notice of repair; Section 94-121, (a), (b), (c) Nonconforming signs, of the City of Cape Canaveral Code of Ordinances. (8590 N. Atlantic Ave.) Shakti, Inc., C/O Patel, Lilavatieben R. A. 2. Case No. 2017-166 — Violation of Section 34-98, (2), (5) Building appearance and maintenance; Section 70-69 Receipt required; payment of tax prerequisite to issuance; Section 110-491, (11) number of spaces required, of the City of Cape Canaveral Code of Ordinances. Section 303.1 General; Section 303.7 Roofs and drainage; Section 303.14 Window, skylight and door frames; Section 303.14.2 Openable windows; Section 303.15 Insect screens; 304.3 Interior surfaces; Section 605.1 Installation, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances. (526 Jefferson Ave) Bogart Place Properties LLC/Jeffery Wells Property Owner. 3. Case No. 2017-179 — Violation of Section 34-96, (b) (d) Standards established; Section 34-97, (a) (b) (2) Duties and responsibilities for maintenance of the City of Cape Canaveral Code of Ordinances. 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. Section 303.7 Roofs and drainage, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances. (321 Johnson Ave.) Oceanside Palms Condominium Association LLC; C/O Jeffery Wells Property Owner. Code Enforcement Board Agenda July 19, 2018 Page 2 4. Case No. 2018-206 — Violation of Section 102-39 (a) (b) (1) (2) (3) (4) (5) (6) (7) (c) (d), Permits. Section 102-40 (a) (2) (3) (4) (5) (6) (7) Permits criteria; exemptions; standards of review of the City of Cape Canaveral Code of Ordinances. (323-325 Pierce Ave) Beatrice and Timothy Scully Property Owners. 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. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES May 17, 2018 A Regular Meeting of the Code Enforcement Board was held on May 17, 2018, at Cape Canaveral City Hall Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:05 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Walter P. Godfrey, Jr Vice Chairperson Charles Hartley Paula Collins Inez Stone Christopher Cloney MEMBERS ABSENT James Hale 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 June 21, 2018. Assistant City Attorney Nix swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes — March 22, 2018. Motion by Mr. Cloney second by Mr. Godfrey. Vote on the motion carried unanimously. 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 Compliances Code Enforcement Board Meeting Minutes May 17, 2018 PUBLIC HEARINGS: 1. Case No. 2018-183 — Violation of Section 34-96. (b) Standards established; Section 34-98 (2), (4), (5), (6) Building appearance and maintenance of the City of Cape Canaveral Code of Ordinances, (8497 Ridgewood Ave.) — Property Owner Kim, Sang: Kim, Shin Wha Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. He testified Notice of Hearing was mailed on May 4, 2018 and Property was posted May 7, 2018. Based on evidence and testimony presented, Staff respectfully requested the Respondent be found in violation, as set forth in the notice of violation. A fine should be imposed in the amount of $100.00 for the first day and $75.00 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. Hartley, seconded by Ms. Collins to accept Staffs recommendation. Vote on the motion carried unanimously. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 6:22 p.m. Approved on this day of 12018. 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. City of Cape Canaveral Community Development NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Shakti, Inc. C/O Patel, Lilavatieben R. A. Location of the Violation: 8590 N Atlantic Avenue, Cape Canaveral, FL CASE No. 2016-112 DATE: 6/29/2018 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 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 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 June, 2018 Brian Palmer, Code Enforcement Officer THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACC 0 p Telephone (321) 868-1220 • Fax: (32 1) 868-1247 BETWEEN CityCapeof Canaveral CM Community Development CYE CA OP"VERAL REVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2016-112 A Florida Municipal Corporation, Date: 3-16-18 Complainant, V. Owners of the property located at: 8590 N Atlantic Avenue, Cape Canaveral, FL PID: 24-37-14-51-00003.0-0014-02 Respondent(s): Shakti, Inc. C/O Patel, Lilavatieben R. A. 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 ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 8590 N Atlantic Avenue, Cape Canaveral, FL PID: 24-37-14-51-00003.0-0014-02 2. Name and address of owner(s) of property where violation(s) exist: Shakti, Inc., C/O Patel, Lilavatieben R. A. 790 Wild Flower Street Merritt Island, FL 32953 Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: b. ap lmergcityofcapecanaveral.org 2016-112 Page 2 A site visit to the property revealed the existing ground sign is in need of maintenance. The pole is rusted and the existing portion of the sign area for advertisements purposes is delapidated and in need of repair. The sign is also a pole sign which is not authorized in the city. 3. Description of Violation(s) at property: Section 94-9, Wind pressure and dead load. All signs and other outdoor advertising displays shall be designed and constructed to withstand a wind velocity as set forth in the building code adopted in Section 82-31, and shall be constructed to receive dead loads as required by the building code or other codes of the city, except temporary signs authorized by this chapter. Section 94-10, (a), (b) Maintenance, notice of repair. (a) All signs shall be erected, placed and maintained in a state of good and safe repair. Damaged signs shall be removed, repaired, or replaced. If a sign is painted, in whole or in part, the sign shall be kept well -painted. Such sign shall be repainted whenever the paint is peeled, blistered, or faded. (b) All signs shall be constructed and maintained in accordance with the provisions and requirements of the city's building codes, electrical codes, and other applicable codes. Section 94-121, (a), (b), (c) Nonconforming signs. All signs or outdoor displays which are lawfully in existence or are lawfully erected and which do not conform to the provisions of this chapter are declared nonconforming signs. It is the intent of this chapter to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this chapter. No nonconforming sign shall be changed, expanded or altered in any manner which would increase the degree of its nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. (a) Tennination by abandonment: Any nonconforming sign structure, the use of which as a sign is discontinued for a period of 90 consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this chapter. Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection. Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: b.Palmer(d)cityofcapecanaveral.org 2016-112 Page 3 (b) Termination by damage or destruction: Any nonconforming sign damaged or destroyed by any means, to the extent of 50 percent of its replacement cost at the time of being damaged or destroyed, shall be terminated and shall not be restored. (d) Pole signs—Termination by amortization: Any nonconforming pole sign existing on September 16, 2014 and not terminated pursuant to any other provision of this section shall be permanently removed or modified into a pylon sign by September 16, 2016, by the installation of a non -corrosive decorative cover applied over and attached to the supporting pole(s) in accordance with industry standards of material and workmanship, except, however, pole signs located within the visibility triangle shall be permanently removed or relocated from the visibility triangle by said date in compliance with this chapter. 4. Recommendation(s) to correct the violation(s) described above: ➢ Repair/replace sign in accordance with all applicable City Codes ➢ Obtain all applicable permits and final inspection ➢ The sign must be removed or converted into a pylon sign. 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, ext. 13. Q 0 :_ - Brian Palmer 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 www.cityofcapecanaveral.ore-mail: b.Palmer(c�cityofcapecanaveral.org 'CER`T'IFIED MAILING DE REVISED NOTICE OF VIOLATION ra ri Q' ,.D cc M ti ru ri 0 C3 C3 C3 Ln ra a C3 r- U.S. Postal Service"' CERTIFIED MAID' RECEIPT Domestic V311 Only ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front K space permits. 1. Article Addressed to: Shakti, Inc., C/O Patel, Lilavatieben R. A. 790 Wild Flower Street Merritt Island, FL 32953 A Signature% 0,,�d X _ ; re B. Received by {Prin Name) C. Dat of Delivery r �— D. Is livery J ss different m item 1?6 If YES, enter delivery address below: ❑Registered Mai1TM II' f ILII I'I III I I') III (! II ! {II (I I I `�I'II ❑ Adult Signat= ❑ Adr�lt signawre Restricted Ddvery ❑ Mei Restricted 1I'III 9590 9402 3620 7305 4915 09 ❑ CertAied Mair ❑ CeMed Mail Restricted Delivery ❑ Merchandise ❑ Collect on Delivery❑ ❑ Cdlect on Delivery Restricted Delivery Signature Contirmation'r" ❑ � 9 Artirta Nr,mhAr !Transfer from service IRW — fed I ROstric6ed �. 7 017 1450 0001 2238 6 911 Restricted Delivery .—� - Do1Tl85Ac Return ncwq+. PS Form 3811, July 2015 PSN 7530-02-000-9053 CERTIFIED MAILING OF NOTICE OF HEARING ■ complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mail tws. or on the front if space permits. 1. Article Addressed to: Shakti, Inc., C/O Patel, Lilavatieben R v'AA. 790 Wild Flower Street Merritt Island, FL 32953 111 11111111111111111111111111111111111111111111111111111 9590 9402 3281 7196 3107 48 9_ ArWa 14urnbar rrra =W from service laW 7017 1450 0001 2238 7116 PS Form 3811, July 2015 PSN 7530 -02-000 -9053 (p�brted Nre) C. Date of Delivbfy 4�if5� L �'(�9f j 7i6Ji� D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: p No I 3. Service Type Postal 0 Adult Signature 0 Registered Mall* • AAdtt�ltgqttt��siddgnatum R Delirery CERTIFIED MAILPRECEIPT devowed man Caa�tlfied Mat RsserkfedDeNay 69MV D Rd= Reo*itfor• t .n Domestic A B isured Mal Restricted Delivery a fuer s50M OFFICIAL/19S M Certified Mail Fee XN NS y Z ra services & Fm &arc b" add fres Q RMun Recerot iwd� S _— r q ❑ Retum PWW to -V-1C) $ Pae9nark C3 ❑ certfied Man Reatrteted oeway 5 �tbia /n O OAddt 8Wkd%w tieq — $ C3 ❑nddt Wafture Restricted DOMFY 3 a� C-3 C3 Postage G J ! U7 mat PeaShakti, Inc., C/O Patel, UlavalteLI1.1 ra 790 Wild Flower Street r%- sats To Merritt island, FL 32953 a C3 LOTS ■ complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mail tws. or on the front if space permits. 1. Article Addressed to: Shakti, Inc., C/O Patel, Lilavatieben R v'AA. 790 Wild Flower Street Merritt Island, FL 32953 111 11111111111111111111111111111111111111111111111111111 9590 9402 3281 7196 3107 48 9_ ArWa 14urnbar rrra =W from service laW 7017 1450 0001 2238 7116 PS Form 3811, July 2015 PSN 7530 -02-000 -9053 (p�brted Nre) C. Date of Delivbfy 4�if5� L �'(�9f j 7i6Ji� D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: p No I 3. Service Type 0 Priority Mail Express® 0 Adult Signature 0 Registered Mall* • AAdtt�ltgqttt��siddgnatum R Delirery 0 D Man Rewagd, devowed man Caa�tlfied Mat RsserkfedDeNay 69MV D Rd= Reo*itfor• t Collect on Delivery MadmKilse Delivery Restricted DWI—Y m' 0 Called on `iwred Mel A B isured Mal Restricted Delivery Restdarod Defiv�y fuer s50M Domestic Return Receipt r City of Cape Canaveral Community Development NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2017-166 A Florida Municipal Corporation, DATE: 6/29/2018 Complainant, V. Respondent(s): Bogart Place Properties LLC C/O Wells, Jeffery W., R.A. Location of the Violation: 526 Jefferson Ave Cape Canaveral FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 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 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 June, 2018 Brian Palmer, Code Enforcement Officer THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral FL 32920-0326 SPACC p BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 el" OF CAR CAMAViba CityCapeof Canaveral Economic Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 526 Jefferson Ave Cape Canaveral FL 32920 PARCEL ID: 24 -37 -23 -08 -*-6 Respondent(s): Bogart Place Properties LLC C/O Wells, Jeffery W., R.A. CASE NO. 2017-166 Date: 10/31/2017 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 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 ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 526 Jefferson Ave Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Bogart Place Properties LLC C/O Wells, Jeffery W., R.A. 211 Caroline Street Office 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.Palmer@cityofcaRecanaveral.org Page 2 2017-166 On October 4, 2017 staff received a complaint regarding water leaking through walls and ceiling at 526 Jefferson Ave. During a site visit staff observed water leaking from the A/C unit in the kitchen area ceiling and water stains on the ceiling of the dining area. Staff also observed in the downstairs bedroom, water damage to the interior walls, the window was being held in by a board and did not have a screen. The tenant informed staff that the window had blown out during the hurricane and the only way to keep the window in was to use a board. The tenant also informed staff that only one outlet in the downstairs bedroom works and the lights dim off and on periodically during the day, which staff observed during the site visit. Staff conducted a walkthrough of the rest of the property and observed the ceiling in the garage had water damage and the paint was peeling, immediately above this area is a balcony which appears to be rotting due to the give in the floor when stepping out on the balcony. A portion of the property is being rented as a one bedroom apartment and the tenant of this unit does not have access to the electrical panel without the other tenant being home. Because of the property being rented to two separate families there is not enough parking and would need to be corrected. A search of the Business Tax Receipt (BTR) data base revealed no BTR has been issued for 526 Jefferson Ave. A search of the permit data base revealed two (2) expired permits for 526 Jefferson Ave. 3. Description of Violation(s) at property: Section 34-98. (2), (5) Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: (2) Materials shall have good architectural character and shall be selected for suitability to the type of buildings and the design in which they are used. Materials shall be of durable quality and appropriate to the climatic conditions of Florida. (5) Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and such shall be kept structurally sound in good repair. Section 70-69. - Receipt required; payment of tax prerequisite to issuance. Each person who shall engage in, transact or manage or be the agent for any business or who shall perform or offer to perform services or sell goods, advertise goods for sale or perform services or solicit or advertise the performance of services for any of the businesses, professions or occupations mentioned in this article shall first procure a local business tax receipt from the city and shall, upon procuring the receipt and before the issuance of the receipt, pay the amount of local business tax required as provided in section 70-89. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: b.palmer a,cityofcapecanaveral.org Page 2 2017-166 Section 110-491. (11) Number of spaces required. (11) Residential uses, including single-family, two-family and multiple -family dwellings and mobile homes. Two spaces for each living unit. SECTION 303 EXTERIOR STRUCTURE I.P.M.C. 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. I.P.M.C. Section 303.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. I.P.M.C. Section 303.14 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. I.P.M.C. Section 303.14.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. I.P.M.C. Section 303.15 Insect screens 303.15 Insect screens: During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. SECTION 304 INTERIOR STRUCTURE I.P.M.C. Section 304.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.ora e-mail: >calmergcityofcapecanaveral.org Page 3 2017-166 SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 4. Recommendations) to correct the violation(s) described above: • Repair all leaks • Repair or replace all inoperable outlets • Repair or replace all inoperable windows • Insure all windows have insect screens • Repair all water damaged portion of the property • Repair all electrical issues • Install more parking spaces to meet the requirements of section 110-491 • Obtain a Business Tax Receipt for the rental units • Re -Open expired permits and complete all required inspections • Obtain all applicable permits 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. 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.palmerLacityofcapecanaveral.org to .0 cc M ti ti a 0 C3 C3 C3 U1 rq r` a C3 r%- CERTIFIED MAILING OF NOTICE OF VIOLATION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maliplec% or on the front if space permits. 1. Article Addressed to: Bog - -e Properties LLC C/O Jeffery W,, R.A. 211 a Street Office Cape C veral, FL 32920 I�I�III'I��II�II�II�IIII�I'II�I'I �III�II��III 9590 9402 3102 7124 2378 82 9. Artkia Number Maumfer from service faW 7017 1450 0001 2238 6645 LIN X 13Agere 13 Addre B. Received by (P►fnied Nemo) C. Date ofppll of 1411 D. Is delivery address different from itart 1? If YES, enter delivery address below: 3. Service Type 0 Priority Mall Express® 0 Adult Signature 0 Registered WNW 0 Adult Signature Restricted Ddkwy Is Certified Mall® 0 RsOfstered Mali Restricted DefivarY 0 CerBfied Mal Reektcted Delivery 0 Return Receipt for ❑ CoNect on Delivery Merohaxdse 0 Collect *n Delivery Restricted Delivery VSigneritre Confinnatlon- red Mali El Signature CoMlmxadon Restricted DW y Restricted Delivery PS Form 3811. Judy 2015 MN 7530-02-000-9055 IVDV Domestic Return U - C3 r% - Co M ru ru a C3 C3 C3 C3 trt a r` a C3 r%- CERTIFIED MAILING OF NOTICE OF HEARING ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. 'v - vLlAdi ■ Attach this card to the back of the mallplece, ,; _ C.i or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 110 Yee Bogart Place Properties LLC 13Priority Man t:xs� pres If YES, enter delivery address below: 0 No C/O Wells, Jeffery W., R.A. I I'll 211 Caroline Street Office I l (III I' Cape Canaveral, FL 32920 III I I Service Type 13Priority Man t:xs� pres ll �'lltl I I'll III I l (III I' I II II III I I I I II II III III 13 O Adak Signature ❑ RApktarW Man - 0 Adult SW ahn Reetrtcted Delivery COrUfa d Mrl® ❑ R and Mau Rwtrioted 9590 9402 3281 7196 3107 55 0 OVOerkned Man Restricted Delivery a for ❑ collect on DaNvery ❑ Coked on Denvery Restricted Dellmy J1( GoiNarr>ntfonTM NNW Md ❑ SlpnaM 2. Article Number (Transfer from servke WWI 7 017 14 5 0 0001 2238 7109 Rnd Mal ResUtted Delivery Restrleted Delivery PS Form 3811, July 2015 PSN 7530-02-OOG-W53 (Q[P Domestic Return Receipt , City of Cape Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2017-179 A Florida Municipal Corporation, DATE: 6/29/2018 Complainant, V. Respondent(s): Oceanside Palms Condominium Association, LLC; C/O Jeffery Wells Location of the Violation: 321 Johnson Ave. Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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. DATE hi th o July, 2018 Chris Robinson, Code Enforcement Officer 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - Fax: (321) 868-1247 Nt-«-1v-.city-ofcapecanaveral-or2 -email: crobinson,ii citvoicapecana� eral org THE 31PAI BETWEI City of Cape Canaveral Community Development Department tYt iUYYMY RIVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 321 Johnson Ave. Cape Canaveral FL. 32920 PARCEL ID: 24-37-23-CG-00075.0-0001.XA Respondent(s): Wells, Jeffery W CASE NO. 2017-179 Date: 06/06/2018 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): 321 Johnson Ave. Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Oceanside Palms Condominium Association, Inc. C/O Wells, Jeffery W R.A. 211 Caroline St. Office Cape Canaveral, Fl. 32920 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - Fax: (321) 868-1247 \t-NN-%v-.citvofcapecanaveral.ora - email: c.rol)in cuj'(i cii�c�leal�eca�za�eral.��rg THE spay BETWE Page 2 2017-179 On September 27, 2017 staff observed a roof being repaired without the required permit and a stop work order was posted. On October 19, 2017 staff observed the stop work order had been removed but no one was observed working. On November 27, 2017 staff observed work being performed and still no permit had been obtained. A second stop work order was posted and the worker was informed all work must stop. During the site visit staff also observed a dumpster enclosure in dis-repair and construction debris on the property. On December 6, 2018 staff observed the dumpster enclosure had been repaired and the construction debris cleaned up. On April 22, 2018 staff received a complaint from a tenant that his ceiling collapsed due to a leaking roof. Staff conducted a site visit and found a completely remodeled unit directly under the roof damaged during Hurricane Irma. This unit had also been significantly damaged and staff observed the unit gutted on my November visit, prompting the second stop work order. There was no permit to remodel this unit and the work was done with a posted stop work order. Since there had been no contact staff asked for a meeting. On April 24, 2018 staff met with you to discuss, among other things, this issue. Staff was informed you are working on repairing the roof with the insurance company and in the meantime will have a tarp put on the roof. A site visit on May 3, 2018 confirmed the roof had a new tarp. On June 6, 2018 staff received another complaint about a ceiling collapse in the unit next door. The tenant advised it collapsed right after the neighbors ceiling collapsed and notified management of the issue. Water continues to leak into the unit creating an electrical hazard and a mold issue and the tenant says you are refusing to make necessary repairs. 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(a)(b)(2). - 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: - THE 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telecc (321) 868-1220 - Fax: (321) 868-1247 WEEN Page 3 2017-179 (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. (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: (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. (F.L.B.C.) [A] 105.1 Required. 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 impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of 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. (F.L.B.C.) [A] 110.1 General. 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. (I.P.M.C.) 303.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral FL 32920-0326 Tele cc (321) 868-1220 • Fax: (321) 868-1247 WEEN Page 4 2017-179 Recommendation(s) to correct the violation(s) described above: •.Remove eenstr-uetion . • Repair roof. • Repair damages in all units caused by leaking roof. • Apply for and obtain applicable permit(s) and have inspection(s) completed. Sec. 82-31. - Florida Building Code adopted. Sec. 82-221. - International Property Maintenance Code adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. 6 Chris Robinson Code Enforcement Officer THE 100 Polk Avenue • Post Office Box 326 -Cape Canaveral, FL 32920-0326 Tele wEEN- (321) 868-1220 • Fax: (321) 868-1247 CERTIFIED MAILING OF NOTICE OF VIOLATION 7/10/2018 USPS.cortfD - USPS Tracking® Results USPS Tracking® FAQs > (httpJ/faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 70172680000065500142 Expected Delivery on FRIDAY 8 JUNE by 20180 8:00pmo G Delivered June 8, 2018 at 4:44 pm Delivered, Left with Individual CAPE CANAVERAL, FL 32920 Get Updates \/ Text & Email Updates Tracking History ru rq 0 0 Ln Ln 0 0 0 0 ..o ru N 0 N Oceanside Palms C/O Jeffery Wells 211 Caroline St. O Cape Canaveral, FL. Remove X u A June 8, 2018, 4.44 pm Delivered, Left with Individual CAPE CANAVERAL, FL 32920 Your item was delivered to an individual at the address at 4:44 pm on June 8, 2018 in CAPE CANAVERAL, FL 32920. June 8, 2018, 8:49 am Out for Delivery CAPE CANAVERAL, FL 32920 7/10/2018 June 8, 2018, 8:39 am Sorting Complete CAPE CANAVERAL, FL 32920 June 8, 2018, 8:20 am Arrived at Unit CAPE CANAVERAL, FL 32920 June 7,2018,8:W pm Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER June 7,2018,2:12 pm Arrived at USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER Product Information USPS.00m® - USPS Tracking® Resufts V See Less ^ Cant find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (http://faq.usps.com/?articleld=220900) CERTIFIED MAILING OF NOTICE OF HEARING 2 - c:tHTIFIED MAIL.' RECEIPT Domestic Nail Only A. PV- - For delivery information, visit our c;ebs ;r at a 0 0 0 O CO —0 ru r%- r -q O rl-- ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. 1. Articie Addressed to: OceanPalms Condominium Assoc. C/O Je� Wells 211 Caryne St. Office Cape Canaveral, R. 32920 9590 9402 4067 8079 7049 81 2. Article Number (ri vWw from aervke Isbell 7017 2680 0000 6550 0210 P%11 Ut �.., ' ki r 3. Service Type ❑ Priarlly Mai &p%9 W ❑ A" c%n t n ❑ Reyirared h&Am ❑ Adult SiWob" Restricted D*wry ❑ i�pistnrrd til Ruled 13CwUfied LUM �f' ❑ Colfied MSN Rimikkied DWkwy O ReoWfw ❑ Cofieot on Ddmy erner O Coled on Dy Rastrkded Oeirery ❑� 'M ed M aall D ed Mall Restricted DWkwy Arnm Rat" Md DaNrary PS Form 3811, July 2015 PSN 7530-02-OWON3 OT& 1 q —1 q- 9 Done c Return Receipt c i City of Cape Canaveral Community Development Department COMM" � NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2018-206 A Florida Municipal Corporation, DATE: 7/2/2018 Complainant, V. Respondent(s): Scully, Beatrice; Scully, Timothy Location of the Violation: 323-325 Pierce Ave. Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 2n u , 2018 Chris Robinson, Code Enforcement Officer 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 3 2920-03 26 Telephone (321) 868-1220 - Fax: (321) 868-1247 �v-Ni-«-.citvofcapecanaN-et-al.org -email: c citv01capeca1j�i�er11.01-2. THE spat BETWEE Cityof Cape Canaveral C"NCA „Ve., Community Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2018-206 A Florida Municipal Corporation, Date: 5/8/2018 Complainant, V. Owners of the property located at: 323-325 Pierce Ave. Cape Canaveral FL. 32920 PACEL ID: 24 -37 -23 -CG -00063.0-0004.00 Respondent(s): Scully, Beatrice; Scully, Timothy 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 five (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): 323-325 Pierce Ave. Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Scully, Beatrice; Scully Timothy 140 Route 100 Katonah, NY. 10536 Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: c.robinsongcityofcapecanaveral.org Page 2 2018-206 During a patrol of the city staff observed a truck with advertising for stump grinding. Closer inspection revealed an individual grinding the stump of a recently cut down Sable Palm. Further investigation found two Sable Palms had been removed due to invasive Banyon Trees growing on them and damaging the sewer system. All parties were informed that regardless of the condition of the tree and possible damage to surroundings a permit was still required. Sec. 102-39(a)(b)(1-6)(7c,d). - 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. (b) Application required. An application for tree removal and land clearing shall be filed on an official form provided by the building official. The applicant shall be required to pay a fee as may be established by the resolution of the city council, except that no fee shall be required for the removal of trees that are dead, diseased, suffer from severe structural defects, pose a clear and obvious safety hazard to structures or people or removed for a public project sponsored and paid for by the city. If the applicant is not the property owner, then the applicant shall attach the written permission of the property owner to the application. All completed applications shall be returned to the building official, along with the appropriate fee and the following minimum information: (1) Legal description of the property, including street address. (2) Name, address and phone number of property owner. (3) Name, address and phone number of applicant, if other than property owner. (4) Date upon which land clearing is to commence. (5) Valid reasons for the removal of trees. (6) A tree inventory, for the portion of the site to be developed, consisting of a scaled drawing of a scale of one inch equals 50 feet or less indicating: a. Property boundaries. b. The location of all individual trees including the tree's common or scientific name, and the diameter of each tree. Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: c.robinsongcityofcapecanaveral.org Page 3 2018-206 c. An indication of all trees proposed for removal and proposed to be retained. d. The location of existing and proposed improvements, if any, including buildings, structures, impervious surfaces (e.g. pool decks, drives, parking areas), stormwater retention and detention areas, utilities and other such improvements. Proposed improvements shall be depicted as an overlay on existing trees so as to clearly indicate which trees must be removed in order to accommodate the construction of the improvements. Upon request by the applicant, the building official or appropriate review board may permit an applicant to omit certain portions of the tree inventory where compliance with the requirements set forth herein would be unnecessarily burdensome and the exempted portions are not needed for the city to evaluate the application. (7) A replacement plan in accordance with division indicating the means for compensating for the tree(s) to be removed including the species and size of any replacement trees. (c) Time for application. Applications for land clearing permits shall be made prior to tree removal or land clearing, except that if the tree removal or land clearing is part of a proposed development project that requires site plan or subdivision approval, the application shall be submitted at the time the site plan or subdivision application is submitted so that due consideration may be given to the protection of trees during the site plan or subdivision process. Each application for tree removal shall be subject to review under the site plan and subdivision process. (d) Approved site plans, permits, and development agreements. All permits issued by the building official under this division shall be required to be consistent, and not in conflict, with any plans, permits, or development agreements approved by the city council or other appropriate board. All permits or portions thereof issued by the building official in conflict with any such approval shall be deemed null and void and the approval of the city council or appropriate board shall remain in full force and effect. Sec. 102-40(a)(2-7). - Permit criteria; exemptions; standards of review. (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: (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. Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.ore-mail: c.robinson(agcityofcapecanaveral.org Page 4 2018-206 (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. 3. Recommendation(s) to correct the violation(s) described above: • Obtain a permit after the fact, and pay the $250 per tree fine. Total $500. • Replace removed trees with new approved species of trees per city code. Failure to comply within five (5) 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. C'c 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 www.cityofcapecanaveral.or e-mail: c.robinson(Ucityoufcapecanaveral.org A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HMA RD EVALUATION FORM 2nd EdWen SlldAd mm- - OO J) �1 C"C�. 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WN FNlepe tleeeNr: rtorrrrsl Dtptrte tai e1 O normo O scroll Aett■11eM1etprwMc DarceMnt Opow Taft Y N Nlwalwad dwdsprrraat D D awrape D poor none NNref ❑aaoelen awrape ❑fork Opow abler pttlRllllaet� Waft sleMreMe■sr O stalms ❑ wlyddes O suns O tables =0 wa7MM4(F etherC J5 •_ •_ I ilii sw Aaratlw: residence Ocommercial O Mrdusfrial O park DO Mural O WCOdlMMrat :/none ❑ p�f► 0 rantedbed D oonMM�er ❑ mound O shrub borderO wind breakbripolaa: ❑ adequate ❑ b adequale O excmk nlrurtic wattled RICO tilt 7 Y dD nnrcdion n soli dMdurbance O grade mange O trre dea ft O site clau g % ptrret 0% 10.25% 25-50% 50-75% 75-10096 Paearaarrt men Y % drill" w/ lint "It OYo 10-25% 25.50% 50-75% 75-lW% %driOlim prate kswuad: 10-25�/2560% W75yo 100% SO pmMewc 0 dmimpe D dwow n oompacted Wddrouft ❑ saline aflcaiirre D addle O small volume ❑ disease cerder D bislory of tail n day n expansile D slope ° aspect: OMrNOW. U O signage ❑ iirb-of�sig view O overhead lines ❑ underground unities O tratHc adoomd vey. ❑ Erlaawev la wlat skmb flee ❑ canopy above canopy n recently exposed ri windward, canopy edge n use prone to wW thm Preesdi■p wird diwgfarf: L=Occtnerw nr snowfu storms Crew O seldom ❑ regularly tmmIl W MW hes: t l building D parking D traffic .. pedestrian l� Cart tmo bon wad? Y(9 Cm m ba mdrkW Y O Osco ecy: iJoecasiorisl use nirdemdftd rme Ofrmimi use ret ion n landscape D hardscape U small ieaturrts J ufi* lhres mcconstarrt use The IrrterndwW society of Arboriculture assumes no responsibility for condor ions or mwnv errdedorrs derived from use of this form. IMab'f DfffCi=: TREE DOEM M nld lot Y UN MwMsa ragw� Y N� Nr � E41w mde: O sever. Doom mtie�� ifidannbad: O retiem O naderalb fto pont 6---w dna *CM % MM:. Cl—X ldwm..eed - Y@ Pm*khd uM ow []Uwe hMrIN Isnot Mw- Owam O mode* LM `. lrorm yerlicel i�mMrrM O wodla t O rN-canao�d iM bNOMF Y N aD %W b Non al lam Y NO RM M W Y V =dl Wadi* Y ( / NOW" Lem afr- Nj- O wm E3 moderelo 070w d101w0911i v Mr bo presence d irdiridual deletes and tiaeir ewerl4r (: • snwre, m . mrodsrea I .low) HAZARD RM Tree part moot M* b W. Fan potential: 1- bw; 2 - med'amt; 3 - hiph; 4 -souls Inspection period: arNwel biannual other � Size of pen: 1-,6" (15 cm); 2 - 8-18"(15-45 cm}; 8.1880' (45-75 ran►; 4 - >V (75 cm) f bM PotrMW +Sloe of Pout + Tarpel RdkV = Huard %pe< mft: 1- axaaional use; 2 h*mT Ll M use; + o, _ + �^ = �! 3 - hequent m; 4 - ou stW uae WIZARD ABATEMENT Pmae: O remove debcdve Part O reduce end vAW U crown clean O 1Nn O raise caawpt► C7 crown reduce ❑ restructure ❑ shape Combpm: kWd Mu@r. O root crown Dam U aerial CU monkor Raraore free: Y N No 7 Y N More brill: Y l) OIMr: ---- - -- Md am 04md trsas: 91 now a NaNrisaow D owner Elmanager !wniry +pmY Dab: `� s �commms I he +tom ��Y1 S� 1 h �� y on e; t d o �i, t't'1� t rob��l. +�.lv+� 1�c�.c� ween C(A dowh t� �{- OA 'm� ce m • Y �n I YO L) i►,r; �Xr� FL.060M CITY OF CAPE CANAVERAL 100 POLK AVENUE CAPE CANAVERAL, FL 32920 (321) 868-1220 phone (321) 868-1247 fax buildingfonns@cityofcapecanaveral.org Application Fee: $30.00 Permit # Tracking # Application Date: APPLICATION FOR TREE REMOVAL PERMIT City of Cape Canaveral Code of Ordinances Section 102-39 (a) PROPERTY INFORMATIION TWP: 2 � RNG: 3 -7 Site Address: Owner's Name: Owner's Address: SEC: SUB #: BLK/PAR: (' 3 LOT: z,ip (UI Telephone Number # Street City Zip CONTRACTOR'S ffINnFORMATION (APPLICANT) ❑ Owner/Builder Qualifier Name: [� 1, Ct (`k n c ,Z Oct n ( e-, I 99 Os(o ifir �,C"R�4++ Lt First ` �License # Company Name: - I �,1 f� (vN,� % i cf c JO (6 n4e- f) (i, nC,e-, Address: c 6 Fax #: E -Mail: Cc LV r [:]Single Family Residence Vit' W a ( StreeJ ❑Townhome city \ Zip _ Phone #: U5 -D l ) �1 - 3 l 6 1 s E Cn a�1.0 �1 ❑Apartment `Other D PROJECT INFORMATION Cost of Project: $ Please clarify t)te reason tree(s) must be removed: We r Aee Ao l/4 L L,,., L,.. , Do you plan To replant? Please Describe: How many trees do you plan to replant:_ Notes: d.b.h. is diameter at breast height (4 '/z feet above grade) Caliper is the measurement of a tree 12 inches from the soil level. A Specimen Tree is one with a 24" or greater caliper measurement. City Council shall have final approval authority for the removal of Specimen Trees. The City Arborist must complete his tree report prior to any permit approval. *ALL trees to be removed must be marked prior -to the Arborists inspection. *No tree removal will be completed prior to an approved permit. Intr`�'1` FORM DATE: 3/26/2018 PAGE 1 of 2 FORM: APDL APPLICANT'S AFFIDAVIT Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor and/or the Owner and has the authority to apply for this permit. Signature: Con773 or p plicant Date: %4 State of Florida County of Brevard Subscribed and sworn to before me this y day of /%,�� Zd/g , personally appeared who is personally known to me or produced as identification, and �idnot take an oath. N4ay Public Signature Seal ASHLEY MARIE WATERHOUSE My COMMISSION k FF95MI a EXPIRES Jaovary 18, 2= -ni ;nF.lt ,I FoMaN 9Mneeeem DISCLAIMER: The City of Cape Canaveral's approval of this development permit does not create any right for the permittee to obtain a permit from a state or federal agency. Further, pursuant to section 166.033, Florida Statutes, the City of Cape Canaveral shall not be liable for issuance of this development permit in the event a permittee fails to obtain any other required approval, fails to fulfill obligations imposed by a state or. federal agency, or undertakes actions that result in a violation ofstate or federal law. The issuance of this development permit is expressly conditioned upon the permittee obtaining all other applicable state orfederal permits, if any, prior to the commencement of the development authorized by the City's development permit. I] FINAL INSPECTION 13 NEle1NEN Failure to obtain a final inspection may result in a penalty. I FORM DATE: 3/26/2018 PAGE 2 of 2 FORM: APPL "YCapeit of Canaveral Community Development Department CITY OF CAPE CANAVERAL AFFIDAVIT OF POSTING PROPERTY I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of violation dated June 26, 2018 at the following address: 323-325 Pierce Ave. Cape Canaveral, FL 32920 on this 26th day of June 2018 and the r quired posting at City Hall, 100 Polk Avenue, Cape Canaveral, Florida, 32920. Chris Robinson, Code Enforcement Officer State of Florida County of Brevard On this 26th day of June, 2018, Chris Robinson, personally appeared, who is personally known to me and did not take an oath. 2a,r °6•�% GINGER WRIGHT * * MY COMMISSION i FF 186994 bllc EXPIRES: January 12, 2019 v�+rfOF —0,0! Bonded Thru Budget Notary Services Florida Statute 162.12(2), (b), (2) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. 100 Polk Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: c.robinsongcityofcapecanaveral.org City of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL AFFIDAVIT OF POSTING PROPERTY I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of hearing dated July 2, 2018 at the following address: 323-325 Pierce Ave. Cape Canaveral, FL 32920 on this 2nd day of July 2018 and the requiredposfing at City Hall, 100 Polk Avenue, Cape Canaveral, Florida, 32920. Chris Robinson, Code }El�i-ftOfficer State of Florida County of Brevard On this 2nd day of July, 2018, Chris Robinson, personally appeared, who is personally known to me and did not take an oath. GINGER WRIGHT * * MY COMMISSION i FF 188994 Notaq-Public �J EXPIRES; January 12, 2019 Bonded Thru BUdpet Notary Servke, Florida Statute 162.12(2), (b), (2) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. 100 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.ore-mail: c.robinson@cityofcapecanaveral.or�