HomeMy WebLinkAboutNOV City of Cape Canaveral
Community Development Department
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2015-73
A Florida Municipal Corporation, Date: 11/04/2015
Complainant,
V.
Owners of the property located at:
305 SURF DR, CAPE CANAVERAL 32920
PARCEL ID: 24-37-14-51-00007.0-0003.00
Respondent(s):
SCHMITZ, GERHARDT
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice
of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the
violation(s) described below is/are to be voluntarily performed within fifteen (15) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of
hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up
to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED,
THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
305 SURF DR, CAPE CANAVERAL 32920
2. Name and address of owner(s) of property where violation(s) exist:
SCHMITZ, GERHARDT
P O BOX 622
CAPE CANAVERAL, FL 32920
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Our office received a complaint regarding the condition of your property. A site visit revealed the fence in the back is dilapidated and falling over. The screen enclosure around the
pool is missing the screens and is only a frame. The pool is coming out of the ground creating a safety hazard. City of Cape Canaveral Ordinance and Florida Statues require all pools
to have a proper pool barrier. Staff also observed the roof appeared to have damage which was being covered by sheet metal held down with weights.
3. Description of Violation(s) at property: Section 34-96. (d) Standards established.
(d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior
property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be
maintained so as not to constitute a blighting or deteriorating effect in the neighborhood.
Section 34-98. (4), (6) Building appearance and maintenance
(4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions
should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective
of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards.
(6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles.
Section 82-221. - International Property Maintenance Code (I.P.M.C.) adopted.
The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out.
I.P.M.C. SECTION 303 EXTERIOR STRUCTURE
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.
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Section 110-582. - Swimming pool barriers.
Swimming pool barriers shall be required pursuant to F.S. ch. 515, and the Florida Building Code, as adopted by chapter 82 of this code.
F.S. 515.27 Residential swimming pool safety feature options; penalties.
(1) In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety
features:
(a) The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;
(b) The pool must be equipped with an approved safety pool cover;
(c) All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet; or
(d) All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above
the floor.
(2) A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped
the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by s. 515.31. However, the requirement of
attending a drowning prevention education program is waived if such program is not offered within 45 days after issuance of the citation.
F.S. 515.29 Residential swimming pool barrier requirements.
(1) A residential swimming pool barrier must have all of the following characteristics:
(a) The barrier must be at least 4 feet high on the outside.
(b) The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the
barrier.
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(c) The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure
or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.
(d) The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately
falling into the water.
(2) The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately
mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured,
locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.
(3) Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which
must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.
(4) A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.
(5) A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.
4. Recommendation(s) to correct the violation(s) described above:
Repair or replace broken sections of fence (this includes but is not limited to portions of fence that are missing, broken, leaning over or deteriorated). Must apply for a permit if
more than one section of the fence is replaced.
Repair damaged portions of the roof to include any holes, missing shingles, cracks and soffits that may be damaged.
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.
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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