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HomeMy WebLinkAboutCase #18-268City of Cape Canaveral ?4QA A'D'O tb� ,Community Development Department October 30, 2018 Owners of the property located at: Attention: SCHMITZ, GERHARDT PO Box 622 305 Surf Drive, Cape Canaveral, Florida 32920 Parcel Id: 24.37-14-51.00007.0-0003.00 Lot 3, Block 7, Subdivision Cape Canaveral, Beach Gardens Unit 2, Plat Book 17, Plat Page 81, Recorded date 03/14/1963 Mortgage holders of record: Open -End Mortgage $100,000 Wachovia Bank, NA and Gerhardt Schmitz Brevard County, Florida OR Book 5131, Page 0279 Request for Notice Filed OR Book 6965, Page 2287 by: Wells Fargo Bank NA Foreclosure Department 18700 NW Walker Road #92 Mac #P6053-022 Beaverton, OR 97006 Case #: 18-268 Subject Property Address: 305 SURF DRIVE, CAPE CANAVERAL, FLORIDA 32920 NOTICE OF VIOLATION UNSAFE BUILDINGS AND IMMINENT HAZARD - PUBLIC NUISANCE Notice is hereby given to the owner and mortgage holder of the subject property stated above that the undersigned building official and code enforcement officials have conducted a building and area inspection of the subject property on October 3, 2018 pursuant to duly issued Inspection Warrant by the Circuit Court of Brevard County, Florida, dated October 1, 2018, and have determined the principal single-family house and two accessory buildings in the rear yard are unsafe and constitute an imminent danger to the occupant and the public health, safety and welfare pursuant to Section 82-56 of the City of Cape Canaveral Code (The Standard Unsafe Building Abatement Code, 1985 edition (SUBAC). Further, the subject property is in violation of applicable property maintenance codes adopted by the City of Cape Canaveral and constitutes a public nuisance. The basis of this determination is more specifically stated herein. cTHE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 V 1 �%HUr C Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN- www.eityofcapecanaveral.org • email: m.german@cityofcapeeanaveral.org Inspection Inspectors Inspection Date Inspection Warrant issued by MICHAEL GERMAN, BUILDING OFFICIAL 10/03/2018; commencing at approx. Brevard County Circuit Court, dated SUBAC Sec. 101.6 1:30 p.m. October 1, 2018 requirement that all existing structures, and all BRIAN PALMER, CODE OFFICIAL parts thereof, shall be maintained in a safe and TIM DAVIS, CITY ARBORIST sanitary condition. The owner shall be DAVID DICKEY, COMMUNITY responsible for the maintenance of buildings DEVELOPMENT DIRECTOR and structures. JOHN CUNNINGHAM, FIRE MARSHAL The single-family dwelling and two accessory TODD MORLEY, BUILDING OFFICIAL structures located on the property have DESIGNEE AND BUILDING CODE extensive structural damage and water and SPECIALIST wind damage. The two accessory structures DEBRA HOLLIDAY, PUBLIC WORKS have severely damaged roof decking with DIRECTOR holes exposing the inside to the elements and The cited violations are as follows: Inspection Applicable Codes Violation Comments Per Inspection Warrant SUBAC Sec, 202 Definition of Building. SUBAC applies to any structure or parts thereof built for support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50% of its perimeter. SUBAC Sec. 101.6 The condition of the property violates the requirement that all existing structures, and all parts thereof, shall be maintained in a safe and sanitary condition. The owner shall be responsible for the maintenance of buildings and structures. SUBAC Sec. 202, Definition of Unsafe Building, The single-family dwelling and two accessory Paragraphs 3, 4, 5, 6, 7, 8, 9 and 10 structures located on the property have extensive structural damage and water and wind damage. The two accessory structures have severely damaged roof decking with holes exposing the inside to the elements and water damage. Vegetation is growing through holes in the roof of one of the accessory structures. The single-family dwelling has roof sheathing in a deteriorated condition, holes in the roof and soffits, trusses and joists are exposed to the elements and have been subject to significant water damage and are to a varying degree, discolored, covered in mold, deteriorated, suffering from wet rot and of questionable structural integrity. Potential exists for collapse of a large portion of the roof system. Back patio main beam has substantial structural deterioration which has reduced the mid -span dimension of the beam to half of the original dimension making the back porch unsafe and in a state of imminent collapse. Numerous holes or collapsed portions of the ceiling exist in the interior of the dwelling unit exposing trusses and insulation and exposing the interior to weather elements. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofeapecaiiaveral.org • email: m.german@,cityofcapecanaveral.org THE SPACE BETWEEN' Numerous containers of rain water exist in the dwelling unit which appear to be attempting to capture rain water falling through the roof and ceiling. A screw -jack is holding up a portion of the interior ceiling and is possibly supporting a deteriorated main truss. Hoarding of excessive quantities of objects, material, junk and trash is occurring at the property and many parts of the interior of the dwelling unit are inaccessible and can no longer be used for intended purposes. Substantial damage exists to interiorwalls, floors, ceilings, doors, light fixtures, trim, baseboards, etc. Most of the interior and portions of the exterior are infested with visible toxic and other mold. Extensive mold is visible on furniture, carpet and carpet pads, draperies, insulation, bedding items and other content throughout the interior of the dwelling. Kitchen cabinets have fallen off the wall. Potable water has been turned off or is not being consumed for extensive periods of time at the property. The interior of the dwelling is a breeding ground and refuge for vermin, rodents and other pests. The single- family dwelling is unsanitary, uninhabitable and unfit for human occupancy, and the single- family dwelling and two accessory structures constitute an unsafe building and public nuisance as defined in Paragraphs 3, 4, 5, 6, 7, 8, 9, and 10. Specifically, the condition of the property violates: Any building or structure that has any of the following conditions such that the life, health, property or safety of its occupants or the general public are endangered: 3. The building, structure or portion thereof, due to all imposed loads including dead load exceeds the stresses allowed in the Florida Building Code for new buildings. 4. The building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by the Florida Building Code for new building. 5. Any exterior appendage or portion of the building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Florida Building Code for new buildings. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@ cityofcapecanaveral.org THE SPACE BETWEEN' 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org THE SPACE BETWEEN' 6. If for any reason the structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used. 7. The structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. 8. The structure or portion thereof has been maintained in violation of a. specific requirement of the City Code. See Chapter 34, Article III, Property Maintenance Standards, City Code, specifically 34- 96(a)(b)(d), 34-97(a)(5)(6) and 34-98(4) stated below. 9. Any structure or portion thereof that is in such a condition as to constitute a public nuisance. 10. Any structure or portion thereof that is unsafe, unsanitary or is otherwise dangerous to human life, or which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Chapter 34, Article III, Property Maintenance The exterior of the property is not being Standards, Sec. 34-96(a)(b), City Code. maintained consistent with established property maintenance standards. The exterior of the property has a substantial amount of litter, rubbish, debris, objects, materials and conditions that create a health and fire hazard. The lawn and other vegetation on the property is overgrown especially in the side and rear yards and is not maintained. Invasive plant species and dangerous vegetation exist on the property and have also caused structural damage. Portions of the exterior of the property are covered with mold. The property is in poor repair and unsanitary. Several areas on the property are a breeding ground for vermin and mosquitos due to standing water, storage of water and piles of debris. The overall condition of the exterior of the property and buildings thereon constitute blight and has a deteriorating effect in the neighborhood. Specifically, the condition of the property violates: (a) Maintenance and upkeep are required for all the land improvements within the City. (b) The owner of every single-family property or his appointed agent and any occupant, 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org THE SPACE BETWEEN' 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@cityofcapecauaveral.org THE SPACE BETWEEN' 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. Chapter 34, Article III, Property Maintenance The exterior of the property is not being Standards, Sec. 34-96(d), City Code maintained consistent with established property maintenance standards. The exterior Sec. 34-91 Definitions: of the property has a substantial amount of litter, rubbish, debris, objects, materials and Blighting means any cause of destruction or ruin; to conditions that create a health and fire hazard. cause to wither or decay. The lawn and other vegetation on the property is substantially overgrown especially in the Deterioration means the condition or appearance of a side and rear yards and is not maintained. building or parts thereof showing evidence of physical Invasive plant species and dangerous decay, neglect, excessive use or lack of maintenance. vegetation exist on the property and also causing structural damage. The property is in Nuisance means everything that endangers life or poor repair and unsanitary. Several areas on health, gives offense to senses, violates the laws of the property are a breeding ground for vermin, decency or obstructs reasonable and comfortable use rodents and mosquitos due to standing water, of property. storage of water and piles of debris. What is left of the perimeter fence around the yard is damaged. The property is in poor repair and unsanitary. The overall condition of the exterior of the property and buildings thereon constitute a nuisance, blight and has a deteriorating effect in the neighborhood. Specifically, the condition of the property violates the requirement that the 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. Chapter 34, Article III, Property Maintenance The exterior of the property has a substantial Standards, Sec. 34-97 (a)(1)(2)(3)(5)(6)(7), City Code amount of litter, rubbish, debris, objects, materials and conditions that create a health Sec. 94-91 Definitions: and fire hazard. The lawn and other vegetation on the property is substantially Infestation means the presence of insects, termites, overgrown especially along the side and rear rodents, vermin or other pests on the premises which yards and is not maintained. Invasive plant constitute a health or structural hazard. species and dangerous vegetation exist on the property and have also caused structural damage. Dead trees and other vegetation 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@cityofcapecauaveral.org THE SPACE BETWEEN' 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org THE SPACE BETWEEN' exists on the property. The property is in poor repair and unsanitary. Several areas on the property are a breeding ground for vermin and mosquitos due to standing water, storage of water and piles of debris. The overall condition of the exterior of the property and buildings thereon constitute blight and has a deteriorating effect in the neighborhood. Specifically, the condition of the property violates the requirement that the owner of every single-family dwelling, 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. (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. (3) Holes, excavations, breaks, projections, obstructions. All such holes and excavations shall be filled and repaired and walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. (5) Excessive accumulation of stormwater (6) Source of infestation (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. Chapter 34, Article III, Property Maintenance See comments above. Standards, Sec. 34-98(4)(6), City Code Specifically, the condition of the property violates the requirement that improvements within the City must meet the following criteria: (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 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org THE SPACE BETWEEN' 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org THE SPALL BETWEEN' 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 suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. Sec. 34-99(1)(2), City Code The lawn and other vegetation on the property is substantially overgrown especially along the side and rear yards and is not maintained. Invasive plant species and dangerous vegetation exist on the property and have also caused structural damage. Dead trees and other vegetation exists on the property. Specifically, the condition of the property violates the requirement: (1) All landscaped areas shall be maintained to present a neat and orderly appearance. (2) All dead or deteriorated plant material shall be promptly replaced or removed. Ch. 34, Article IV. — Weeds and Dead Vegetation The lawn and other vegetation on the property is substantially overgrown especially along the Secs. 34-121 at. seq., City Code side and rear yards and is not maintained. Invasive plant species and dangerous vegetation exist on the property and also causing structural damage. Dead trees and other vegetation exists on the property. The exterior of the property has a substantial amount of litter, rubbish, debris, objects, materials and conditions that create a health and fire hazard. The exterior condition of the property is a public nuisance and the nuisance must be abated. Specifically, the condition of weeds, brush and rank vegetation on the property violates the intent of Article IV in that it is a menace to the public safety, health and welfare and has the potential to cause a fire, furnish cover for prowlers, furnish a potential harborage or breeding place for disease -carry insects, athropods, animals and poisonous snakes, and may adversely affect and impair the economic welfare of adjacent property. All grass areas and yards on improved property shall be properly maintained in a neat 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org THE SPALL BETWEEN' 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofeapecanaveral.org • email: m_germanncityofcapecanaveral.org THE SPACE BETWEEN' and attractive manner and kept free of dead plants, refuse, debris and shall be maintained in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height. 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 section34-123, 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, and impose a special assessment lien against the property subject to interest of 8% per annum. Sec. 34-98(3), City Code The air conditioning unit located on the ground within the side yard is visible from the right-of- way, and is not adequately screened from public view with materials harmonious with the building. Sec. 101.4, SUBAC, Florida Building Code, Existing Due to the extensive damage throughout the Building, Section 505 single-family home and two accessory structures, the repairs necessary to bring the home and structures into compliance with the Florida Building Code and Fire Prevention Code will occur in a work area exceeding 50 percent of the building area. Therefore, the necessary repairs will constitute a Level 3 Alteration under the Florida Building Code. Level 3 alterations shall comply with the provisions of Chapters 7 and 8 for Level 1 and 2 alterations, respectively, as well as the provisions of Chapter 9 of the Florida Building Code, Existing Buildings. Sec. 1-15(b)(c)(d), City Code The condition of the property, as more specifically stated above, is in violation of the City Code. Therefore, the property is deemed a public nuisance. Specifically, sec. 1-15(b) provides any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance of the city shall be deemed a public nuisance and shall be subject to abatement by the city. (d) In addition to and supplemental to any other provision of the City Code, the city shall be entitled, as prevailing party, to recover reasonable attorneys' fees and court costs incurred in any legal proceeding brought by the city to enforce any provision of the City Code through all appellate proceedings. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofeapecanaveral.org • email: m_germanncityofcapecanaveral.org THE SPACE BETWEEN' A recent inspection of the subject property conducted by the City's Building Official and other City Code Enforcement Officials pursuant to an inspection warrant issued by the Brevard County Circuit Court revealed evidence that the existing single-family dwelling and two accessory structures on the property are in a state of disrepair and seriously dilapidated, unsanitary, unsafe, and the property is not being maintained, in violation of several City Code provisions. A summary of the applicable City Code provisions and existing condition of the single-family dwelling, two accessory structures and property is set forth above. BASED ON THE CONDITIONS OF THE SINGLE-FAMILY HOME, TWO ACCESSORY STRUCTURES AND PROPERTY AND CITY CODE VIOLATIONS CITED ABOVE, THE SINGLE-FAMILY HOME, TWO ACCESSORY STRUCTURES AND SUBJECT PROPERTY ARE HEREBY DEEMED "UNSAFE" AND A PUBLIC NUISANCE PURSUANT TO THE STANDARD UNSAFE BUILDING AND ABATEMENT CODE (SUBAC) AND SECTIONS 82-56 AND 1-15 OF THE CITY CODE, AND ARE DEEMED IN VIOLATION OF CHAPTER 34, ARTICLE III, PROPERTY MAINTENANCE STANDARDS AS MORE SPECIFICALLY REFERENCED ABOVE. A PLACARD EVIDENCING SAID DETERMINATION HAS BEEN POSTED ON THE SUBJECT PROPERTY PURSUANT TO SECTION 304 OF SUBAC. FURTHER, DUE TO THE UNSAFE, UNSANITARY CONDITION OF THE SINGLE-FAMILY HOME, THE SINGLE-FAMILY HOME IS NOT FIT FOR HUMAN OCCUPANCY. THEREFORE, IN ACCORDANCE WITH THE PROVISIONS OF THE SUBAC, IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENTER THE SINGLE-FAMILY HOME, THE TWO ACCESSORY STRUCTURES, AND THE AREA IMMEDIATELY SURROUNDING THE HOME INCLUDING, BUT NOT LIMITED TO, THE PATIO AREAS WITHOUT WRITTEN PERMISSION OF THE BUILDING OFFICIAL EXCEPT FOR THE PURPOSE OF SECURING THE SINGLE-FAMILY HOME AND TWO ACCESSORY STRUCTURES FROM THE HAZARDOUS CONDITIONS OR REPAIRING PURSUANT TO A LEVEL 3 BUILDING PERMIT OR DEMOLISHING THE SAME. ACCORDINGLY, DUE TO THE UNSAFE CONDITION OF THE SINGLE-FAMILY HOME AND THE TWO ACCESSORY STRUCTURES AND THE AREA IMMEDIATELY SURROUNDING THE SINGLE-FAMILY HOME MUST BE VACATED EFFECTIVE IMMEDIATELY, AND THIS ORDER SHALL STAND UNTIL THE CONDITIONS AND DEFICIENCIES CITED IN THIS NOTICE ARE CORRECTED. REMEDIAL ACTION REQUIRED IMMEDIATELY: The conditions and/or deficiencies stated above must be remedied immediately within the time periods required below, as follows: 1. Single -Family Home and Two Accessory Structures. The single-family home and two accessory structures must be completely repaired or demolished in accordance with the requirements of a building or demolition permit issued by the Building Official. The property owner must obtain the permit to repair and/or demolish the single-family home and two accessory structures within thirty (30) days from the date that the property owner receives actual or constructive notice of this notice of violation. A. Demolition. If the property owner elects to demolish the single-family home and/or two accessory structures, the work required to demolish the single-family home and/or two accessory structures shall be completed within thirty (30) days from the date that the demolition permit is issued by the Building Official. B. Repairs. If the property owner elects to repair the single-family home and/or two accessory structures, the required structural repairs (back porch, roofing and soffits, and trusses and joists, and other damaged structural elements required to be repaired by the Building Official upon approval of the building permit and/or building permit inspections), and the necessary mold remediation work shall be completed within thirty (30) days of issuance of the building permit. The mold remediation work shall include the interior demolition of all contaminated dry walls, ceilings, trim, baseboards and other contaminated fixtures and building systems. Within said thirty (30) day time period, written proof of remediation work shall also be required to be submitted to the Building Official in the form of a Mold Clearance Report issued by a Florida Licensed Mold Assessor. All other required non-structural repairs to bring the single-family home and two accessory structures into compliance with the City Code shall be completed within sixty (60) days of issuance of the building permit. C. Time Periods; Default. Pursuant to section 302 of SUBAC, the time periods required to obtain the necessary permits and demolish and/or repair the single-family home and two accessory structures shall run concurrently, and the maximum time period to complete permitting and the repairs and/or demolition pursuant to this notice of violation shall be sixty (60) days from the date that the property owner receives actual or constructive notice of this notice of violation. In the event the property owner obtains a demolition permit to demolish the single-family home and/or two accessory structures, or obtains a building permit to repair the same, and fails to complete the demolition or repair work within the time period required by this notice, and as provided by the applicable permit, the City reserves the right to revoke the applicable permit and proceed with the demolition of the single-family home and two accessory structures on the property owner's behalf and recover and assess the costs incurred for said demolition as more specifically set forth below. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org THE sUAcC BETWEEN' 2. Exterior Property Maintenance. Within ten (10) days of receipt of this notice of violation, the property owner shall complete the cleaning and maintenance of the exterior yard of the subject property in accordance with the property maintenance standards adopted by the City and complete the following action: A. All grass and weeds shall be mowed and clippings properly removed and disposed of by the property owner off the subject property. B. All dead trees and plant material shall be removed and properly disposed of by the property owner off the subject property. C. All invasive, non-native plant species shall be removed and properly disposed of by the property owner off the subject property including the multi -trunk rubber tree and multi -trunk Schefflera. D. All standing water on the property shall be drained on the ground. E. All objects located at the rear patio shall be removed and properly disposed of by the property owner off the subject property and the patio surface cleaned including, but not limited to, the lawn equipment, planters, chop saws, bench grinder, buckets, wheelchairs, upholstered recliner, concrete blocks, plastic storage containers and jars, storage bins, pool net, hose, table, pillows, reel, garbage cans, various pieces of lumber, yard tools, figurines and other objects. F. All objects located in the front entrance shall be removed and properly disposed of by the property owner off the subject property and the front entrance surface cleaned. G. The boat and all objects strewn around the boat including plastic fencing, coolers, tool box, open potted plant pots, rubber hose, plastic lattice, plastic storage bins, broken wooden fencing, sink and other objects located in the side yard shall be removed and properly disposed of off the subject property. H. Wood structure with PVC piping and valve located on wood table and the wood table itself located in the front side yard shall be removed and properly disposed of off the subject property. I. All other miscellaneous objects, equipment, materials, trash, debris, junk, litter, and rubbish located within the exterior yard of the subject property shall be removed and properly disposed of by the property owner off the subject property. J. Install the new fence material consistent with materials intended purpose in accordance with a fence permit to be issued by the City, or remove and properly disposed of the fence material off the subject property. K. Install adequate and appropriate screening of the air conditioner unit so as not to be visible from any public way. Please immediately contact the City's Building Official, Michael German, at 321-868-1222, Ext. 114 to obtain important additional information regarding the permits that you will be required to obtain from the City in order to remedy the Code violations. PURSUANT TO SECTIONS 82-56 AND 34-126 OF THE CITY CODE, IF REMEDIAL ACTION IS NOT TAKEN BY THE PROPERTY OWNER, THE CITY MAY TAKE ADDITIONAL ENFORCEMENT ACTION AGAINST YOU INCLUDING, BUT NOT LIMITED TO, INITIATING LEGAL PROCEEDINGS BEFORE A COURT OF LAW, THE CITY'S CODE ENFORCEMENT BOARD AND PERFORMING OR CAUSING TO BE PERFORMED THE REQUIRED DEMOLITION OF THE SINGLE-FAMILY HOME AND TWO ACCESSORY STRUCTURES AND CLEAN-UP OF THE SUBJECT PROPERTY, THE COSTS OF WHICH MAY BE APPROVED AND RECORDED AS A SPECIAL ASSESSMENT LIEN AGAINST THE OWNER OF THE SUBJECT PROPERTY IN ORDER TO RECOVER ALL COSTS INCURRED BY THE CITY INCLUDING, BUT LIMITED TO, DEMOLITION AND CLEAN UP EXPENSES AND FEES, RECORDING FEES AND ATTORNEY'S FEES AND LEGAL COSTS. OBJECTS, EQUIPMENT, MATERIALS, TRASH, DEBRIS, JUNK, LITTER, AND RUBBISH REMOVED BY THE CITY FROM THE SUBJECT PROPERTY IN FURTHERANCE OF ENSURING COMPLIANCE WITH THIS NOTICE OF VIOLATION WILL BE DISCARDED AS TRASH AND WILL NOT BE RETURNED TO THE PROPERTY OWNER. FAILURE TO CORRECT THE VIOLATION(S) COULD ALSO RESULT IN THE CITY LEVYING CODE ENFORCEMENT FINES AGAINST YOU IN AN AMOUNT UP TO $500.00 PER DAY THAT THE VIOLATION REMAINS. If any person having a legal interest in the subject property wishes to contest in whole or in part the material allegations in this notice of violation; or desires to assert that the time periods expressed herein create an undue hardship; or desires to assert that the true intent or meaning of the relevant provisions of the City Code and SUBAC have been misconstrued; or desires to make any other relevant argument, the parties have a right to an appeal at a public hearing before the City's Code Enforcement Board. Any request for an appeal and public hearing before the City's Code Enforcement Board must be submitted in writing to Michael German, Building Official, 100 Polk Avenue, Cape Canaveral, Florida 32920, within thirty (30) days of the date of being served this notice; otherwise, the right to an appeal hearing is waived. The written request for an appeal and public hearing must contain the following information: 1. Identification of the structure concerned by street address or legal description; 2. A statement identifying the legal interest of each appellant; 3. A statement identifying the specific order or section being appealed; 4. A statement detailing the issues on which the appellant desires to be heard; and 5. The legal signature of all appellants and their official mailing address. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 PACE ACE BETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 v vw.citvolcapecanaveral.org • email: m.gctmati cr c to�fcapeira�cral.org If an appeal is filed, the public hearing will occur within 60 days from the date the appeal is filed with the building official. Written notice of the date, time and location of the public hearing will be provided to the appellant(s). PLEASE GOVERN YOURSELF ACCORDINGLY. Mich el German City o ape Canaveral Building Official Certified Mailing Numbers: 7017 1450 0001 2238 2579 7017 1450 0001 2238 2565 7017 1450 0001 2238 2586 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofeapecanaveral.org • email: m.german@cityofcapecanaveral.org THE SPACE BETWEEN'