HomeMy WebLinkAboutAgenda Package 8-23-18CITY OF CAPE CANAVERAL
CODE ENFORCEMENT MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
August 23, 2018
6:00 PM
CALL TO ORDER:
ROLL CALL:
Establish Next Meeting Date: September 20, 2018
NEW BUSINESS:
1. Approval of Meeting Minutes: July 19, 2019
COMPLIANCE HEARINGS:
None
PUBLIC HEARINGS:
1. Case No. 2018-210 — Violation of Section 34-96, (a), (d) Standards Established; Section 34-97, (a),
(1) Duties and Responsibilities for Maintenance; Section 34-99 (1), Landscape Appearance and
Maintenance; Section 34-122 (a) Public Nuisances, of the City of Cape Canaveral Code of
Ordinances. (127 Oak Ln.) Sheropa LLC, CIO Patrick Lee R.A. Property Owner.
2. Case No. 2018-212 — Violation of Section 110-555, Paving of Vehicular use areas, of the City of
Cape Canaveral Code of Ordinances. (8501 Astronaut Blvd.) Elpidasmar Management LLC CIO
Pantelis Markogiannakis. Property Owner.
3. Case No. 2018-215 — Violation of Section 94-121, (d) Nonconforming signs, of the City of Cape
Canaveral Code of Ordinances. (8090 Astronaut Blvd.) Canaveral #30061 Inc. CIO Reus, Sandra
Sec. Property Owner.
4. Case No. 2018-216 — Violation of Section 94-121, (d) Nonconforming signs, of the City of Cape
Canaveral Code of Ordinances. (8780 Astronaut Blvd.) Mc Donald's Corp CIO New Dawn, Inc.
Property Owner.
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
Code Enforcement Board
Agenda
August 23, 2018
Page 2
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
July 19, 2018
A Regular Meeting of the Code Enforcement Board was held on July 19, 2018, at Cape Canaveral
City Hall Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called
the meeting to order at 6:02 p.m. The Board Secretary called the roll.
MEMBERS PRESENT
Mary Russell
Charles Hartley
Paula Collins
Inez Stone
Christopher Cloney
MEMBERS ABSENT
Walter Godfrey
OTHERS PRESENT
Jennifer Nix
Brian Palmer
Chris Robinson
Ginger Wright
Chairperson
Assistant City Attorney
Code Enforcement Officer
Code Enforcement Officer
Board Secretary
Board members established the next meeting would be on August 23, 2018.
Assistant City Attorney Nix swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes — May 17 2018.
Motion by Ms. Russell second by Mr. Cloney. . Vote on the motion carried unanimously.
COMPLIANCE HEARINGS:
None
PUBLIC HEARINGS:
Case No. 2016-112 — Violation of Section 94-9, Wind pressure and dead load; Section 94-10
(a)&(b), Maintenance, notice of repair; and, Section 94-121(a),(b), &(d) Nonconforming
signs; of the City of Cape Canaveral of Ordinances, (8590 N. Atlantic Ave) Shakti, Inc., CIO
Patel, Lilavatieben R.A.
Code Enforcement Board
Meeting Minutes
July 19, 2018
Code Enforcement Officer Brian Palmer provided an overview of the Case history and
presented exhibits. He testified the Notice of Hearing was mailed on July 3, 2018.
Based on evidence and testimony presented, Staff respectfully requests that the Respondent
be given until August 22, 2018 to correct violations, as set forth in the notice of violation or
a fine should be immediately imposed in the amount of $75.00 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. Hartley to accept Staff's recommendation however
give the respondent until September 19, 2018 to come into compliance or the fine be
immediately imposed. Vote on the motion carried unanimously.
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.
Code Enforcement Officer Brian Palmer provided an overview of the Case history and
presented exhibits. He testified the Notice of Hearing was mailed on July 5, 2018.
Based on evidence and testimony presented, staff respectfully requests that the Code
Enforcement Board find the Respondent in violation, as set forth in the notice of violation
and a fine be immediately imposed in the amount of one hundred dollars ($100.00) for the
first day and seventy-five dollars ($75.00) per 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 Staffs recommendation however
give the respondent until August 3, 2018 to come into compliance or the fine be immediately
imposed, with the change of the date to August 3, 2018. Vote on the motion carried
unanimously.
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
Meeting Minutes
July 19, 2018
Code Enforcement Officer Chris Robinson provided an overview of the Case history and
presented exhibits. He testified the Notice of Hearing was mailed on July 2, 2018.
Based on the evidence and testimony presented at the hearing, staff respectfully requests that
the Code Enforcement Board find the Respondent in violation, as set forth in the revised notice
of violation and a fine be immediately imposed in the amount of $100.00 for the first day
and $75.00 every day thereafter; until compliance is confirmed by the Code Enforcement
Officer and all costs associated with the enforcement of the violation be imposed.
Motion by Mr. Cloney, seconded by Mr. Hale to accept Staffs recommendation. Vote on the
motion carried unanimously.
4. Case No. 2018-2016- 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.
Code Officer Chris Robinson provided an overview of the Case history an overview of the
history and presented exhibits. He testified the Notice of Hearing was mailed on July 2, 2018.
Based on evidence and testimony presented, Staff respectfully requested the Respondent be
found in violation, as set forth in the notice of violation, and recommended the respondent
pay the $500.00 fine for no permit.
Board found there were no steps necessary to correct this Violation to bring the property into
compliance under these circumstances. No Fine.
Motion by Mr. Cloney, seconded by Mr. Hartley did not accept Staff s recommendation. Vote
on the motion carried unanimously.
OLD BUSINESS:
None
ADJOURNMENT:
Meeting adjourned at 8:20 p.m.
Approved on this day of , 2018.
Mary Russell, Chairperson
Code Enforcement Board
Meeting Minutes
July 19, 2018
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 Department
111.M
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2018-210
A Florida Municipal Corporation, DATE: 8/9/2018
Complainant,
V.
Respondent(s):
Sheropa LLC, C/O Patrick Lee R.A., 400 Harbor Dr. Cape Canaveral, FL. 32920
Location of the Violation:
127 Oak Ln. Cape Canaveral 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 23, 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 is 9 day August, 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
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City of Cape Canaveral
Community Development Department
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
127 Oak Ln. Cape Canaveral, FL 32920
Parcel ID: 24-3 7-14-28-00000.0-OOOA.25
Respondent(s):
Patrick T Lee
CASE NO. 2017-210
Date: 6/11/2018
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 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):
127 Oak Ln., Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Patrick T Lee
400 Harbor Dr.
Cape Canaveral, FL 32920
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100 Polk Avenue - Post Office Box 326 - Ca a Canaveral FL 32920-0326 ����
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Telephone (321) 868-1220 - Fax: (321) 868-1247
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Page 2
2017-210
On May 18, 2018 staff received a complaint about an overgrown yard at 127 Oak Ln. A site visit revealed
the yard to be extremely overgrown with weeds exceeding 5 feet in height and clearly in need of mowing
and trimming. On May 19 staff contacted John Dismore and asked that the property be mowed. On June
6, 2018 a follow up site visit found no change to the property. On June 7, 2018 John Dismore was again
contacted and he said he would have it taken care of. On June 11, 2018 a follow up visit revealed the
property is still in need of mowing and trimming.
Description of Violation(s) at property: Section 34-96, (a), (d) Standards Established.
(a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and
upkeep are required for all the land improvements within the city. Lawns and planting require considerably
more periodic attention than do buildings, nonetheless both require maintenance in order to retain a good
appearance.
(d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects,
material or conditions which may create a health or fire hazard. Exterior property areas shall be free of
unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns,
landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating
effect in the neighborhood.
Section 34-97, (a), (1) 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 34-99. (1) Landscape appearance and maintenance.
The community depends on trees and plant material to enhance its beauty, moderate its climate and
provide year-round greenery and color. Landscaping criteria shall include but not be limited to the
following:
(1) All landscaped areas shall be maintained to present a neat and orderly appearance.
Section 34-121. (1), (2), (3), (4), (5) Intent.
The presence of weeds, brush and rank vegetation (excluding: shade trees, ornamental shrubs, fi-uit trees,
domesticated berry bushes and vines, cover crops, domesticated grains and plantings and cultivated wild
flowers) on all properties in city are a menace to the public safety, health and welfare as they:
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
THE
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Page 3
2017-210
(1) Cause a fire hazard;
(2) Furnish cover for prowlers;
(3) Obstruct visibility as street intersections;
(4) Furnish a potential harborage or breeding place for disease -carrying insects, arthropods, animals and
poisonous snakes; and
(5) May adversely affect and impair the economic welfare of adjacent property.
Section 34-122, (a), Public Nuisances;
(a) All grass areas and yards on improved property shall be properly maintained in a neat and attractive
manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that
grass, weeds and other rank vegetation shall not exceed six inches in height.
3. Recommendation(s) to correct the violation(s) described above:
• Maintain the property by mowing, trimming and removing all debris and dead vegetation.
Section 34-126. - 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.
(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.
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
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Page 4
2017-210
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.
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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
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City of Cape Canaveral
Community Development
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
8501 Astronaut Blvd, Cape Canaveral, FL 32920
Parcel ID: 24-37-15-00-00835.0-0000.00
Respondent(s):
Elpidasmar Management LLC
C/O Pantelis Markogiannakis, R.A.
CASE NO. 2018-212
Date: 4/26/2017
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of
violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described
below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s)
described below is/are to be voluntarily performed within ten (10) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or the
violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s)
may be required to attend a hearing before the Code Enforcement Board for the City of Cape
Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500
per day for each repeat violation described in this notice until the violations(s) has/ have been
corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE
ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
8501 Astronaut Blvd, Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Elpidasmar Management, LLC
C/O Pantelis Markogiannakis
1725 Shoreview Dr
Indialantic Florida 32903
SPACITHE
100 Polk Avenue • Post Office Box 326 • Cap FL 32920-0326 e Canaveral
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Telenhnne (171) 969-1 ?70 • Fax• (1? 1) MR -1 747
Page 2
2018-212
Our office received a complaint regarding the parking of vehicles on the grass area adjacent to
Southern Charm Cafe. Staff conducted a site visit on numerous occasions and observed vehicles
parked in the grass.
3. Description of Violation(s) at property: Section 110-555. - Paving of vehicular use areas.
All commercial and industrial areas used for the display or parking of any and all types of
vehicles, boats or heavy construction equipment and all land upon which vehicles traverse the
property as a function of the primary use, including but not limited to drives, parking, service
and display areas, shall be paved.
4. Recommendation(s) to correct the violation(s) described above:
• Discontinue parking vehicles on the grass area or Obtain all applicable permits and pave
area to accommodate the parking of vehicles.
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.
77
Brian Palmer
Code Enforcement Officer
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
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Brian Palmer
From: Ronald FRIEDMAN <rfriedman999@bellsouth.net>
Sent: Wednesday, May 23, 2018 12:01 PM
To: Brian Palmer
Subject: Grass
One or more vehicles were parked on the grass in the lot next to Southern Charm both on Thursday and Sunday.
The grass/weeds on the parcel next to the bank and next to Race -Trac need cutting/mowing
What progress towards eliminating the pole signs? Way way overdue
Ron Friedman
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public -records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
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City of Cape Canaveral
Community Development
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
8090 Astronaut Blvd Cape Canaveral FL 32920
Parcel ID: 24-37-23-00-259
Respondent(s):
Canaveral #30061 Inc
CASE NO. 2018-215
Date: 6/12/2018
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):
8090 Astronaut Blvd Cape Canaveral FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Canaveral #30061 Inc
C/O REUS, SANDRA SEC
1650 NW 87 Ave
Miami FL 33172
THE
• 326 • Cape Canaveral FL 32920-0326
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100 Polk Avenue Post Office Box p BETWEEN
Telephone (321) 868-1220 • Fax: (321) 868-1247
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Page 2
2018-215
On September 16, 2014 the City Council revised the City's Sign Code Ordinance to address
Nonconforming signs within the City. Section 94-121 of the Ordinance states that all signs or
outdoor displays which were lawfully erected, but do not conform to the Ordinance, will be
considered nonconforming signs. The intent is to phase out nonconforming signs as expeditiously
and fairly as possible. On December 2, 2015 you were sent a letter outlining the types of
nonconformities which were to be corrected by September 16, 2016. On February 15, 2018 you
were sent another letter. As of the date of this letter no permits have been applied for or issued
regarding your sign. Pole signs are no longer authorized in the city, your sign needs to either be
replaced or converted into a pylon sign. For the definition of a pylon sign please refer to Sec. 94-
1 of the City Code of Ordinances, which has been attached. All sign replacements and conversions
require a permit.
3. Description of Violation(s) at property: Section 94-121. (d) 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.
(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:
0 Obtain a permit and convert the existing non -conforming sign into a conforming sign
per the code.
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.
Brian Palmer
Code Enforcement Officer
THE
• Post Office Box 326 • Cape Canaveral FL 32920-0326
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100 Polk Avenue O P � BETWEEN
Telephone (321) 868-1220 • Fax: (321) 868-1247
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1' Canaverra061 Inc
C/O REUS, SANDRA SEC
1650 NW 87 AVENUE
DORAL, FL 33172
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8/14/2018 USPS.com® - USPS Tracking® Results
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Track Another Package +
Tracking Number: 70171450000122387208
Remove X
Your item was delivered to the front desk or reception area at 3:34 pm on August 13, 2018 in
MIAMI, FL 33172.
G Delivered
August 13, 2018 at 3:34 pm
Delivered, Front Desk/Reception
MIAMI, FL 33172
Get Updates \/
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Tracking History
August 13,2018,3:34 pm
Delivered, Front Desk/Reception
MIAMI, FL 33172
Your item was delivered to the front desk or reception area at 3:34 pm on August 13, 2018 in MIAMI, FL
33172.
August 13, 2018
In Transit to Next Facility
August 12, 2018, 5:55 pm
Departed USPS Regional Facility
MIAMI FL DISTRIBUTION CENTER
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USPS Tracking® FAQs > (http://faq.usps.com/?articleld=220900)
Track Another Package +
Tracking Number: 70171450000122387208
Remove X
Your item was delivered to the front desk or reception area at 3:34 pm on August 13, 2018 in
MIAMI, FL 33172.
G Delivered
August 13, 2018 at 3:34 pm
Delivered, Front Desk/Reception
MIAMI, FL 33172
Get Updates \/
Text & Email Updates
Tracking History
August 13,2018,3:34 pm
Delivered, Front Desk/Reception
MIAMI, FL 33172
U
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Your item was delivered to the front desk or reception area at 3:34 pm on August 13, 2018 in MIAMI, FL
33172.
August 13, 2018
In Transit to Next Facility
August 12,2018,5:55 pm
Departed USPS Regional Facility
MIAMI FL DISTRIBUTION CENTER
https://tools.usps.com/gofTrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70171450000122387208°/a2C 1/3
City of Cape Canaveral
Community Development
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
8780 Astronaut Blvd Cape Canaveral FL 32920
Parcel ID: 24-37-15-00-825
Respondent(s):
Mc Donald's Corp
C/O New Dawn, Inc.
CASE NO. 2018-216
Date: 6/12/2018
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):
8780 Astronaut Blvd Cape Canaveral FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Mc Donald's Corp
C/O New Dawn, Inc.
1299 Bedford Dr Unit Ste B-2
Melbourne, FL 32940
THE
n • Post Office Box 326 • Cape Canaveral FL 32920-0326
SPACC
• 14
100 Polk Avenue P � BETWEEN
Telephone (321) 868-1220 • Fax: (321) 868-1247
.,,.x,.» �itvnfranPranavPral nro • amnil• h nro
Page 2
2018-216
On September 16, 2014 the City Council revised the City's Sign Code Ordinance to address
Nonconforming signs within the City. Section 94-121 of the Ordinance states that all signs or
outdoor displays which were lawfully erected, but do not conform to the Ordinance, will be
considered nonconforming signs. The intent is to phase out nonconforming signs as expeditiously
and fairly as possible. On December 2, 2015 you were sent a letter outlining the types of
nonconformities which were to be corrected by September 16, 2016. On February 15, 2018 you
were sent another letter. As of the date of this letter no permits have been applied for or issued
regarding your sign. Pole signs are no longer authorized in the city, your sign needs to either be
replaced or converted into a pylon sign. For the definition of a pylon sign please refer to Sec. 94-
1 of the City Code of Ordinances, which has been attached. All sign replacements and conversions
require a permit.
3. Description of Violation(s) at property: Section 94-121. (d) 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.
(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:
• Obtain a permit and convert the existing non -conforming sign into a conforming sign
per the code.
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.
Brian Palmer
Code Enforcement Officer
THE
100 Polk Avenue • Post Office Box 326 • Cap SPACIe Canaveral FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN'
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■ Print your name and address on the reverse
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■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1 A.C^1a Aririr CK A tn'
Mc Donald's Corp
C/O New Dawn, Inc.
1299 Bedford Dr Unit Ste B-2
Melbourne, FL 32940
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Domestic Return Receipt
8/14/2018 USPS.com® - USPS Tracking® Results
USPS Tracking® FAQs > (http://faq.usps.com/?articleld=220900)
Track Another Package +
Tracking Number: 70171450000122387215
Remove X
Your item was delivered to an individual at the address at 11:49 am on August 13, 2018 in
MELBOURNE, FL 32940.
G Delivered
August 13, 2018 at 11:49 am
Delivered, Left with Individual
MELBOURNE, FL 32940
Get Updates \/
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Tracking History
August 13, 2018, 11:49 am
Delivered, Left with Individual
MELBOURNE, FL 32940
V
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Your item was delivered to an individual at the address at 11:49 am on August 13, 2018 in MELBOURNE,
FL 32940.
August 11, 2018,10:38 am
Delivery Attempted - No Access to Delivery Location
MELBOURNE, FL 32940
August 11, 2018,8:32 am
Delivery Attempted - No Access to Delivery Location
MELBOURNE, FL 32940
7017 1450 0001 2238 6850
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