HomeMy WebLinkAboutRevised NOV City of Cape Canaveral
Community Development Department
REVISED NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2015-73
A Florida Municipal Corporation, Date: 5/11/2016
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 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):
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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2015-73
Our office received a complaint regarding the condition of your property. A site visit on Oct 28, 2015 revealed the fence in the back was dilapidated and falling over. The screen enclosure
around the pool is missing the screens and is only a frame. 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. On May 3, 2016 staff received another complaint regarding the condition of the exterior
portion of your property. The owners of the property located directly south of you granted staff access to their second floor deck area where the extent of your roof damage was visible.
Staff discussed the extent of the damage with the Building Official who determined a permit would need to be acquired prior to repairing/replacing the damaged roof. Staff also observed
the rear yard was in need of mowing and trimming. The Building Official observed the front porch ceiling was deteriorated and creating a safety hazard. The swimming pool is currently
popped out of the ground, and the surrounding pool decking is cracked and damaged to the point of not being capable of performing the function for which it was designed or intended.
The fence has been repaired and is being stricken from the Notice of Violation.
3. Description of Violation(s) at property:
Section 34-96. (a), (b), (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.
(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.
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2015-73
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 34-122. - Public nuisances prohibited.
(a) All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further
in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height.
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.
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/replace roof. Obtain a permit and final inspection for the repair/replacement of the damaged roof (this includes any and all portions of the roof which is need of repair/replacement).
Mow and trim all overgrown areas of the property (such that grass, weeds and vegetation shall not exceed six inches in height)
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2015-73
Ensure the swimming pool, and surrounding pool decking, are kept free of all nuisances and are maintained in good repair and are capable of performing the function for which such structure
or part of any feature thereof was designed or intended to be used . The swimming pool and pool decking must be repaired, rebuilt and/or replaced in order to perform the functions
for which they were designed to be used. Owner is advised to secure any necessary 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