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Home My WebLink About8-18-16 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD PUBLIC HEARING AUGUST 18, 2016 PRESENTED BY CODE ENFORCEMENT OFFICER BRIAN PALMER 1 ADDRESS: 305 SURF DR, CAPE CANAVERAL 32920 LEGAL: CAPE CANAVERAL BEACH GDNS UNIT 2, LOT 3 EXC W 70 FT OF S 7 FT BLK 7, P.B. 17, PG. 81 PARCEL ID: # 24-37-14-51-00007.0-0003.00 VIOLATION OF SECTION(S): Case No. 15-73 - Violation of Section 34-94. Purpose, Section 34-98. Building appearance and maintenance, Section 34-122. Public nuisances prohibited, Section 82-221. - International Property Maintenance Code adopted, of the City of Cape Canaveral Code of Ordinances VIOLATION IS FOR PROPERTY MAINTENANCE Code Enforcement Officer: Brian Palmer CITY OF CAPE CANAVERAL CASE NO. 15-73 SCHMITZ, GERHARDT 2 NOTIFICATION SUMMARY R.N.O.V. 5/11/2016, R.R. 5/27/2016 TO SCHMITZ, GERHARDT O.T.A . 8/8/16 POSTED THE PROPERTY AND CITY HALL AS REQUIRED BY F.S. 162.12 NOTICES CITY OF CAPE CANAVERAL CASE NO. 15-73 SCHMITZ, GERHARDT 3 Brevard County Property Appraiser Areal 4 STAFF REPORT CITY OF CAPE CANAVERAL CASE NO. 15-73 SCHMITZ, GERHARDT 5 STAFF REPORT CONT. CITY OF CAPE CANAVERAL CASE NO. 15-73 SCHMITZ, GERHARDT 6 STAFF REPORT CONT. CITY OF CAPE CANAVERAL CASE NO. 15-73 SCHMITZ, GERHARDT 7 STAFF REPORT CONT. CITY OF CAPE CANAVERAL CASE NO. 15-73 SCHMITZ, GERHARDT 8 STAFF REPORT CONT. CITY OF CAPE CANAVERAL CASE NO. 15-73 SCHMITZ, GERHARDT 9 STAFF REPORT CONT. CITY OF CAPE CANAVERAL CASE NO. 15-73 SCHMITZ, GERHARDT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PROPERTY REPRESENTATIVE 24 CITY OF CAPE CANAVERAL CASE NO. 15-73 SCHMITZ, GERHARDT STAFF RECOMMENDATION BASED ON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, STAFF RESPECTFULLY REQUESTS THAT THE CODE ENFORCEMENT BOARD FIND THE RESPONDENT(S), IN VIOLATION, AS SET FORTH IN THE REVISED NOTICE OF VIOLATION AND A FINE BE IMMEDIATLEY IMPOSED IN THE AMOUNT OF $100.00 FOR THE FIRST DAY AND $50.00 EVERYDAY THEREAFTER UNTIL COMPLIANCE IS CONFIRMED BY THE CODE ENFORCEMENT OFFICER, AND ALL COSTS ASSOCIATED WITH THE ENFORCEMENT OF THE VIOLATION BE IMPOSED. 25 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD CONSIDERATION OF AN APPLICATION FOR A SATISFACTION OR REDUCTION OF A CODE ENFORCEMENT LIEN PRESENTED BY CODE ENFORCEMENT OFFICER DUREE ALEXANDER 26 CITY OF CAPE CANAVERAL CASE NO. 2010-115 DEBORAH CARROLL P.O. ADDRESS: 209 PIERCE AVENUE, UNIT # D, CAPE CANAVERAL, FL 32920 LEGAL: PIERCE CONDOMINIUM UNIT 209D AS DESC IN ORB 5624 PG 1776 AND ALL AMENDMENTS THERETO, PB 0003, PG 0007 PARCEL ID: # 24-37-23-CG-00062.0-0004. 04 REQUESTED ACTION THE CONSIDERATION OF AN APPLICATION FOR A SATISFACTION OR REDUCTION OF THE CODE ENFORCEMENT LIEN 27 209 Pierce Ave Unit D Cape Canaveral FL 32920 28 CITY OF CAPE CANAVERAL CASE NO. 2010-115 DEBORAH CARROLL P.O. STAFF REPORT 3/24/2011 A Notice of Violation was issued. The unit was without water since June 2010. Other violations in the common area were; Electrical; Property overgrowth; Weeds; Trash and debris and, Expired fire extinguishers. 29 CITY OF CAPE CANAVERAL CASE NO. 2010-115 DEBORAH CARROLL P.O. STAFF REPORT CONTINUED 5/19/2011 This case was presented to the Code Enforcement Board and found in violation. A lien was filed against the property on 5/31/2011. 5/18/2016 An application for reduction or satisfaction of the lien was submitted to Staff by Deborah Carroll, Current P.O. 30 CITY OF CAPE CANAVERAL CASE NO. 2010-115 DEBORAH CARROLL P.O. STAFF REPORT CONTINUED 1/23/2014 Deborah Carroll purchased the property. 2/05/2014 Tom Walker Plumbing obtained permit #10549 to install a water line from the new water meter to the unit and obtained the final inspection. (All common area violations had been resolved) 31 CITY OF CAPE CANAVERAL CASE NO. 2010-115 DEBORAH CARROLL P.O. APPLICATION REVIEW Chapter 2-260, Section (e), Application for Satisfaction, or Release of the Code Enforcement Lien, sets guidelines for the consideration of the request as follows; 1. Staff’s costs; $1,581.37 2. IPMC, Section 504.1 General, Section 505.1 General, IPMC 505.3 Supply, (Section 604.3 Electrical system hazards, Section 302.4 Weeds, NFPA Fire extinguishers shall be certified annually; and these were common area violations). 32 CITY OF CAPE CANAVERAL CASE NO. 2010-115 DEBORAH CARROLL P.O. APPLICATION REVIEW CONTINUED Respondent is requesting a reduction to: $1,000.00 The property was purchased on 1/23/2014, permit #10549 was issued on 2/05/2014, the approved final inspection was obtained on 3/07/14. No This property is not homesteaded. The property owner obtained a Title Policy on 12/9/2013 and the lien is listed on page 4 item 10. 8. The current lien amount $102,250.00 the property is valued by $33,080 (2015) BCPA. 33 CITY OF CAPE CANAVERAL CASE NO. 2010-115 DEBORAH CARROLL P.O. APPLICATION REVIEW CONTINUED 9. N/A 10. There are no other violations for this property, or any other Notice of Violation(s) issued for any other property owned by the property owner. 11. Not at this time. 12. The current lien in favor of the City. 13. The amount of the lien versus the amount of the property value. 14. Nothing to my knowledge. 34 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD APPLICANT 35 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD CONSIDERATION OF AN APPLICATION FOR A SATISFACTION OR REDUCTION OF A CODE ENFORCEMENT LIEN PRESENTED BY CODE ENFORCEMENT OFFICER DUREE ALEXANDER 36 CITY OF CAPE CANAVERAL CASE NO. 2014-00005 MID-FIRST BANK ADDRESS: 7304 POINSETTA AVENUE, CAPE CANAVERAL LEGAL: AVON BY THE SEA PART OF LOTS 9 & 10 BLK 52, AS DES IN ORB 2279, PG 858,PB 0003, PG 0007 PARCEL ID: # 24-37-23-CG-00052.0-00009.03 THE CONSIDERATION OF AN APPLICATION FOR THE RELEASE OR REDUCTION OF A CODE ENFORCEMENT LIEN Code Enforcement Officer: Duree Alexander 37 38 CITY OF CAPE CANAVERAL CASE NO. 2014-00005 MID-FIRST BANK STAFF REPORT 1/21/2014 A Notice of Violation was issued to the Secretary of Housing & Urban Development. The property owner according to the Brevard County Property Appraiser. The Notice was received and signed for on 1/24/2014. The Notice was for deteriorated exterior coverings and any portions underneath the exterior coverings that may be deteriorated. Repair or replace exterior equipment A/C disconnect. Obtain approved final inspection. 39 CITY OF CAPE CANAVERAL CASE NO. 2014-00005 MID-FIRST BANK STAFF REPORT CONTINUED 7/3/2014 Received request REO Title Company for copy of Notice of Violation so that their client Mid-First can resolve violations as soon as possible. Staff responded. 9/9/2014 Issued Notice of Violation to Mid-First Bank. Notice was received and signed for on 9/15/2014. Bank was given fifteen (15) days from the date received to contact Staff and/ or apply for a permit. Also filed a written complaint on the Vacant Registry System and attached photos of current condition of the property. 40 CITY OF CAPE CANAVERAL CASE NO. 2014-00005 MID-FIRST BANK STAFF REPORT CONTINUED 11/20/2014 This case was presented to the Code Enforcement Board and found in violation and a lien was filed against the property. 4/13/2015 Permit #11993 was obtained by Branam James Construction. 8/31/2015 The job was stopped due to the structural condition of the property and the contractor was required by the Building Official to obtain structural engineering. 10/10/2015 The permit expired. . 41 CITY OF CAPE CANAVERAL CASE NO. 2014-00005 MID-FIRST BANK STAFF REPORT CONTINUED 12/31/2015 Permit was re-instated. 1/26/2016 Staff received structural engineering. 4/27/2016 Staff found the property in compliance. 6/2/2016 An application for reduction or satisfaction of the lien was submitted to Staff by Shelly Schellenberg, legal representative for Mid-First Bank 42 CITY OF CAPE CANAVERAL CASE NO. 2014-00005 MID-FIRST BANK APPLICATION REVIEW Chapter 2-260, Section (e), Application for Satisfaction, or Release of the Code Enforcement Lien, sets guidelines for the consideration of the request as follows; 1. Staff’s costs; $2,381.86 2. Section 82-221, IPMC Adopted; Section 301.3, Vacant Structures and Land; Section 303.1, Exterior Structure, General; Section 303.2, Protective Treatment. 43 CITY OF CAPE CANAVERAL CASE NO. 2014-00005 MID-FIRST BANK APPLICATION REVIEW CONTINUED Respondent is requesting a reduction to: $2,650.00 The property was originally cited on 1/21/2014, being found in compliance on 4/27/2016. No This property is not homesteaded. The legal representative provided a Sworn Affidavit that there is no Title Insurance Policy. The current lien amount $52,550.00 the property is valued by $106,410.00 (2015) BCPA. 44 CITY OF CAPE CANAVERAL CASE NO. 2014-00005 MID-FIRST BANK APPLICATION REVIEW CONTINUED 9. N/A 10. This property was cited 12/01/2010 and found in violation by the Code Enforcement Board for exterior maintenance issues. The property was brought into compliance by the property owner. 11. Not at the time. 12. The current lien in favor of the City. 13. No 14. The Bank did obtain an additional permit to repair the front porch and rear balcony. 45 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD APPLICANT 46