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Home My WebLink Aboutcocc_cbm_agendapackage_20190523CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA May 23, 2019 6:00 PM CALL TO ORDER ROLL CALL NEW BUSINESS: 1. Establish Next Meeting Date: June 20, 2019 2. Approval of Meeting Minutes: April 18, 2019 PUBLIC HEARINGS: 1. Case No. 2018-253 - Violations of Section 34-96 (d) Standards established, City of Cape Canaveral Code of Ordinances; Section 34-98. (3), (4) Building appearance and maintenance, City of Cape Canaveral Code of Ordinances; Section 303.2 Protective treatment, International Property Maintenance Code; Section 303.3 Street numbers, International Property Maintenance Code; Section 303.6 Exterior Walls, International Property Maintenance Code; Section 105 Permits. 105.1 Required, Florida Building Code, Section 110 inspections. 110.1 General, Florida Building Code. (307 Surf Dr.) Patrick F. & Jane L. Campbell, Property Owners. 2. Case No. 2018-256 — Violations of Section 105.1 Required, Florida Building Code; Section 110.1 General, Florida Building Code. (209 Chandler St., Unit 219) Oceanside Treasure, LLC, Property Owner. 3. Case No. 2018-260 — Violation of Section 94-121 (d) Nonconforming signs, City of Cape Canaveral Code of Ordinances. (8699 Astronaut Blvd.) Kyriacos J. Lagges & Marianthi Lagges Revocable Family Trust, Property Owners. COMPLIANCE HEARINGS: None OLD BUSINESS: None Notice: Pursuant to Section 286.0105, Florida Statutes, 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. 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 April 18, 2019 A Regular Meeting of the Code Enforcement Board was held on April 18, 2019, at Cape Canaveral City Hall Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Mr. Charles Hartley called meeting to order at 6:00pm., Mary Russell, was absent. Charles Hartley was made Temporary Chairperson, vote on motion was carried unanimously. The Board Secretary called the roll. MEMBERS PRESENT Charles Hartley Temporary Chairperson Paula Collins Christopher Cloney James Hale Inez Stone MEMBERS ABSENT Mary Russell Chairperson Walter Godfrey Vice Chairperson OTHERS PRESENT Jennifer Nix Code Enforcement Board Attorney Brian Palmer Code Enforcement Officer Chris Robinson Code Enforcement Officer Ginger Wright Board Secretary Michael German Building Official David Dickey Community Development Director Board Attorney Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes — February 21, 2019 Motion by Mr. Cloney second by Mr. Hartley, to approve the meeting minutes of February 21, 2019, after making one correction. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: None City of Cape Canaveral Code Enforcement Board Meeting Minutes April 18, 2019 PUBLIC HEARINGS: Case No. 2018-191 — (211Caroline Ave) Palms East of Cape Canaveral, LLC, Respondent and Property Owner. City Code Enforcement Officer Chris Robinson alleged violations of the following: Section 34- 38, Owner's maintenance of premises, City Code, Section 34-96, (a), (b), (d) Standards established, City Code, Section 34-97, (a), (1), (2), (3), (7), (b), (2), (3) Duties and responsibilities for maintenance, City Code, Section 34-98, (2), (3), (4), (5), (6) Building appearance and maintenance, City Code, Section 34-99, (1), (2), (3), (4), (5), Landscape appearance and maintenance, City Code, 34-122, (a) Public nuisance prohibited, City Code. Code Enforcement Officer Chris Robinson gave testimony, evidence and a presentation relating to alleged code enforcement violations. Chris Robinson testified that the following code sections were still in violation at the time of the hearing: Section 34-96 (b), (d), Standards Established, City Code, Section 34-97 (b) (3), Duties and Responsibilities for Maintenance, City Code; Section 34-98 (2), (4), (6) Building appearance and maintenance, City Code. Respondent's attorneys (Anne Marie Giri and Luis Carreja) were present and both spoke on behalf of the Respondent. Motion by Mr. Cloney to find Respondent in violation of Section 34-96 (b), (d), Standards Established, City Code; Section 34-97 (b) (3), Duties and Responsibilities for Maintenance, City Code; Section 34-98 (2), (4), (6) Building appearance and maintenance, City Code, and to give Respondents until July 30, 2019 to come into compliance, or a fine be imposed in the amount of $150.00 for the first day and $100.00 every day thereafter until compliance is confirmed by the code enforcement officer and all costs associated with the enforcement of the violation be imposed. Second by Mr. Hale. Vote on the motion carried unanimously. 2. Case No 2019-289 - (225 Adams Ave.) Eva Kennedy & Jeffrey R. Fletcher, Respondents and Property Owners. City Code Enforcement Officer Chris Robinson alleged violations of the following: Section 102- 38 (a),(b)(1)(3) Enforcement and Penalties, City Code, Section 102-39 (a), (b) (1)-(6), (7) (c) (d) Permits, City Code; and Section 102-40 (a), (2) — (7) Permit criteria, exemptions, standards of review, City Code. Code Enforcement Officer Chris Robinson gave testimony, evidence and a presentation relating to alleged code enforcement violations. Code Enforcement Officer Brian Palmer also gave testimony regarding the case. Respondent Jeffrey R. Fletcher was present and provided sworn testimony. Respondent submitted one exhibit, a work order from FP&L, which was accepted by the Board. City of Cape Canaveral Code Enforcement Board Meeting Minutes April 18, 2019 Community Development Director, David Dickey spoke regarding moving the case to a later date. It was requested by David Dickey that the April 18, 2019 Code Enforcement Board hearing be continued to a later date such that additional evidence can be submitted to the Code Enforcement Board at that time for further consideration by the Code Enforcement Board prior to issuance of an order inclusive of findings of fact relating to the alleged violation(s). Respondents made no objection to continuing the April 18, 2019 hearing to a future date. Motion by Mr. Hale to continue the hearing for more testimony from additional individuals, and more evidence. Second by Ms. Stone, Vote on the motion carried unanimously to continuing the April 18, 2019 hearing to a future date. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 7:41 p.m. Approved on this day of 52019. Code Enforcement Board Chairman Ginger Wright, Board Secretary City of Cape Canaveral g° Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2018-253 A Florida Municipal Corporation DATE: 4/15/2019 Complainant, V. Respondent(s): Campbell, Patrick F; Campbell, Jane L; Location of the Violation: 307 Surf Dr., Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 23, 2019, 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. D h' 5t y o April, 2019 ns obinson, o e Enforcement Officer THE SPACC 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN* Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: —, z - ,t 11<< �ityofcai , canaveral.org City of Cape Canaveral Community Development Department Con wWW NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 307 Surf Dr 7 Cape Canaveral, Fl. 32920 PARCEL ID: 24-37-14-51-00007.0-0005.00 Respondent(s): Campbell, Patrick F; Campbell, Jane L; Campbell, Patrick F CASE NO. 2018-253 Date: 09/24/2018 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 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): 307 Surf Dr. Cape Canaveral, Fl. 32920 2. Name and address of owner(s) of property where violation(s) exist: Campbell, Patrick F; Campbell, Jane L; Campbell, Patrick F 307 Surf Dr. Cape Canaveral, Fl. 32920 THE SM 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 BETWEE Telephone (321) 868-1220 - Fax: (321) 868-1247 ,.tiiiv.cityofcapecanaveral.ora - email: ?()hinsoti Jtyofcapecanaveral.ora Page 2 2018-253 On August 16, 2018 during a patrol of the city staff observed a fence falling over in dis-repair. Further inspection revealed siding on the east side of the house is incomplete and the permit has expired, the drip edge along the north west portion of the roof is missing, the air conditioning condenser and pool equipment are visible from public view, there are no numbers posted to identify the address and no final inspection was performed on the pool screen enclosure. 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 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. - Building appearance and maintenance. (3) Mechanical equipment, including air conditioners or other utility hardware, on the roof, ground or buildings shall be screened from public view when practicable with materials harmonious with the building or they shall be located so as not to be visible from any public ways. This equipment shall conform with normal noise standards and shall not emit excessive noise. (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. I.P.M.0 303.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather resistant and water tight. I.P.M.C. 303.3 Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public way. All numbers shall be in Arabic numerals at least 3 inches ( 76mm ) high and '/2 inch ( 13mm) stroke. THE 100 Polk Avenue • Post Office Box 326 •Cape Canaveral, FL 32920-0326 Tele N' (321) 868-1220 • Fax: (321) 868-1247 ArwEE www.cityofcapecanaveral.org • email: c.robinson@cityofcapecanaveral.org Page 3 2018-253 I.P.M.C. 303.6 Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials: and maintained weatherproof and properly surface coated where required to prevent deterioration. F.L.B.C. Section 105 Permits. 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. Section 110 Inspections. 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Recommendation(s) to correct the violation(s) described above: • Repair, replace or remove dilapidated fence. • Complete installation of siding. • Replace missing drip edge. • Properly screen mechanical equipment from public view. • Properly display address numbers on house. • Apply for, obtain, reopen applicable permits and have final inspections. Section 82-221. - International Property Maintenance Code 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. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Tele P (321) 868-1220 • Fax: (321) 868-1247 WEEN' www.cityofcapecanaveral.org •email: c.robinsonLcityofcapecanaveral.org Page 4 2018-253 Sec. 82-31. - Florida Building Code adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. 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) 868-122. n Robinson Code Enforcement Officer THE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Tele p (321) 868-1220 • Fax: (321) 868-1247 AFWEEN' www.cityofeapecanaveral.org • email: c.robinson@cityofcapecanaveral.org w Q a - Q Q Ln Ln Q N Q E Q Q vs� Q l CO "n IU Er" Z Pq m Q .Y r% - CV CP cmo m LO i. Z Cn ; a b r O N 7 T T 00 ch E O LL 6bbO 0559 0000 O992 ?-TOL O O N m v r-1 mM y p C3 F;i 0 Oo -:k� 1 r r 0 0 u� z n LO NN T 7 7 T ' 0 M O LL 9E44 0004 '0000 OETT $T04 City of Cape Canaveral ° Community Development Department CORRECTED NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2018-256 A Florida Municipal Corporation DATE: 5/15/2019 Complainant, V. Respondent(s): Oceanside Treasures LLC, C/O Jeffery Wells; Location of the Violation: 209 Chandler St. unit 219, Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 23, 2019, 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 15th day _2019 ' : C hen s Robinson, Code Enforcement Officer TH E SP100 Polk Avenue - Post Office Cape Box 326 - Ca e Canaveral, FL 32920-0326 BETWEEN' WEEN' Telephone (321) 868-1220 - Fax: (321) 868-1247 - email: Grob) l� n "lt City of Cape Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2018-256 A Florida Municipal Corporation DATE: 4/15/2019 Complainant, V. Respondent(s): Oceanside Treasures LLC, C/O Jeffery Wells; Location of the Violation: 211 Caroline St., Cape Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 23, 2019, 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. DA 5th f April, 2019 C_ ns Robinson, ode Enforcement Officer THE SPACE 100 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 BETWEEN* Telephone (321) 868-1220 - Fax: (321) 868-1247 wvwv.cityofcapecanaveral.orp - email: , � canaveral.org CityCapeof Canaveral CM CW Community Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2018-256 A Florida Municipal Corporation, Date: 10/3/2018 Complainant, V. Owners of the property located at: 209 Chandler St Unit 219. Cape Canaveral FL. 32920 PARCEL ID: 24-37-14-50-000013.0-0001 Respondent(s): Oceanside Treasures LLC, C/O Jeffery Wells R.A. 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): 209 Chandler St Unit 219. Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Oceanside Treasures LLC C/O Wells, Jeffery W R.A. 211 Caroline St. Office Cape Canaveral, Fl. 32920 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: b.Palmer(i�cityofcapecanaveral.org Page 2 2018-256 On October 3, 2018 while addressing a separate violation staff discovered construction taking place in a unit. Further investigation revealed the entire subfloor of a second floor unit was being removed without the required permit. A stop work order was posted and is in effect until compliance is meet. Description of Violation(s) at property: (F.L.B.C.) [A] 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. (F.L.B.C.) [A] 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection Recommendation(s) to correct the violation(s) described above: • Apply for and obtain applicable permit(s) and have inspection(s) completed. • Pay citation # issued for work without a permit. Sec. 82-31. - Florida Building Code adopted. The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. Section 82-376(a). - Findings. The city council of the City of Cape Canaveral hereby finds: (a) The commencement or performance of work for which a building permit is required without such building permit being in effect creates a grave threat to the public health, safety, and welfare and jeopardizes the safety of occupants of buildings. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.orp, e-mail: b.palmerAcityofcapecanaveral.org Page 3 2018-256 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 veral, (321) 868-1222. Chris Robinson Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcqpecanaveral.org e-mail: b.palmer�u cityofcapecanaveral.org WELLS BOYS & GIRLS PROPERTY MANAGEMENT, LLC 211 Caroline Street — Office Cape Canaveral, Florida 32920 Phone: (321) 613-2970 Email: le al a,wbagl.com October 11, 2018 VIA BAND DELIVERY City Manager City of Cape Canaveral Cape Canaveral, Florida 32920 RE: Construction Contractor Citation No. 0139 Dear City Manager: Please be advised I represent Oceanside Treasure, LLC and Jeffery W. Wells in the above -referenced matter. Please be advised, pursuant to the attached Citation, this correspondence shall serve as a formal request for a hearing before the City of Cape Canaveral Code Enforcement Board. Direct all further communication regarding this matter to the undersigned. v ery truly s, LUIS D. CARREJA, ESQ. General Counsel LDC Enclosure cc: Client CONSTRUCTION CONTRACTOR CITATION CITATION NO.: 0139 ISSUING AGENCY: CITY OF F70489.127, 2-375 et. seq. City of Cape Canaveral Code; and/or CAPE CANAVERAL and/or §489.132(l), Florida Statutes. The undersigned certified that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on: Day of the Week: uMonth: Day- -� Year:. 91 TimerO ) S AM ❑ PM First Name: N — -V M.I.: to Last Names C L Street Address: 4r < T. City �r n i lj; State: )=-t� Yip Code: Phone No.: D.O.B.: Race: Sex: 'Height: Did commit ❑ 182-375 et. seq. City of Cape Canaveral Code - Construction Contracting Regulation Violation. a violation of.. ❑ 1489.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions and Occupations). ❑ 1489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Qualified Construction companies). Facts constituting Reasonable and Probable Cause: Location of Violation " Z— Penalty. $500.00 for each violation, -Each day such violation shalt continue shall be deemed to constitute a separate infraction. Signature of Officer: / i Time of Issuance: i . i, ,; ® AM 0 PM Print Name/Title of Officer. 1' ' r, Date of Issuance: i Issued by -Certified Mail, ReturnReceipt Requested Hand Delivery to Violator ❑ Hand Delivery to Family Member at Residence (15 yrs. or older) Specify Person: NOTICE TO VIOLATOR This Citation is issued pursuant to to § 82-375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat. Any person who is issued and receives this Citation shall immediately cease the act for which the Citation was issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has been issued and elect either to: (1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash (do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at 105 Polk Avenue, Cape Canaveral, FL 32920. You must include a copy of this Citation with your payment; OR (2) Within (10) days of receipt of this Citation, not including weekends and legal holidays, request an administrative hearing before the Citys Code Enforcement Board to appeal the issuance of this Citation in accordance with the applicable procedures set forth in the Cape Canaveral Code. All such requests for a hearing shall be made in writing to the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in writing within the ten (SO) day time period shall constitute a waiver of the violator's right to a hearing and such waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil penalty of not less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation. The above remedies are not exclusive Any unlicensed person violating subsections 489.127 or 489.132 commits a misdemeanor of the first degree upon first offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(1) commits a felony of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(1) during the existence of a state of emergency declared by executive order of the Governor, commits a felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes. Your signature below does nd constitute an admission of guilt, however, willful refusal to sign and accept this Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jail as provided by §775.082 or §775.083, Fla. Stat. Signature of Violator. Date: Original - To be Retained by the Cape Canaveral Code Enforcement Board EXHIBIT "An Yellow Copy - To be Retained by Violator Pink Copy - To be Retained by City OS1-1- 0001- TOOO OETT 9TOL O N J N N to Q V M d N 0LL to tv ° N V GUJ wpTi n I� O U -3 U a� m_ ❑o❑ oa � all,� U w�}co 0 vi❑❑ §&0 ❑❑ p Ln r%- r% - c) Ncv p C3 Nm p —o A� O Om p _ OD T y p 0 p w Cr) p It m i a� 0 E r-1MS z' p r u r. dr N i s 1 v • G' a O N Ol N �N O LL cam 1 L C s� -pQ) - �C M 8 `t~l o V� Q. LL LE�� OUNU (/0 � 2 cr cr n p q 13 ZE E -_ a° m t� mH�ci m 7CV5 ._ u ..ea an Z OS1-1- 0001- TOOO OETT 9TOL O N J N N to Q V M d N 0LL to tv ° N V GUJ wpTi n I� O U -3 U a� m_ ❑o❑ oa � all,� U w�}co 0 vi❑❑ §&0 ❑❑ p Ln r%- r% - c) Ncv p C3 Nm p —o A� O Om p _ OD T y p 0 p w Cr) p It m i a� 0 E r-1MS z' p r u r. dr N i s 1 v • G' E9h0 0559 0000 0992 eMe- 0 Ln Ln m U 0 m 0 E O C3 M O co E ru r— E 7 r:l Z p m U cv 8 61 V J N Cl) N a LO Q N T— V-, 00 co E O LL co a City of Cape Canaveral Community Development NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2018-260 A Florida Municipal Corporation, DATE: 5/8/2019 Complainant, V. Respondent(s): Kyriacos J Lagges & Marianthi Lagges Revocable Family Trust Location of the Violation: 8699 Astronaut Blvd Cape Canaveral FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 23, 2019 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral 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. DATED this 8th day of May, 2019 Brian Palmer, Code Enforcement Officer SPACCTHE 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 BETWEEN r- ru ru ru .n r- F F I AA:. :ertified Mail Fee TWOMIM ICT am :xtra Services & Fees (checkbox, aUfeeas {Return Receipt (hardcopy) 0 8 20 19 Retum Recelpt (electronic) VIM I POstmajon ❑Certified Mail Restricted Delivery ifere ❑Adult Signature Required ❑ Adult Signature Restricted Delivery Kyriacos J Lagges & Maria`fithi Lagges Revocable Family Trust 133 Barlow Ave Cocoa Beach FL 32931 /,job/ 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: 8699 Astronaut Blvd Cape Canaveral FL 32920 Parcel ID: 24-37-15-00-778 Respondent(s): Kyriacos J Lagges & Marianthi Lagges Revocable Family Trust CASE NO. 2018-260 Date: 10/10/2018 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): 8699 Astronaut Blvd Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Kyriacos J Lagges & Marianthi Lagges Revocable Family Trust 133 Barlow Ave Cocoa Beach FL 32931 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 ta'u�ir�it�rnf�ai�,�n��o�•i.r•al nrn • Amnil• I-. ,., 1,,,.,, ,r �.,�, „1'., ............ .....1 .... THE SPACC BETWEEN' Page 2 2018-260 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. As of the date of this letter no permits have been applied for or issued regarding converting your pole sign into a pylon 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 PACI THE 100 Polk Avenue • Post Office Box 326 • Cap Be Canaveral FL 32920-0326 B ETWEEN' Telephone (321) 868-1220 • Fax: (321) 868-1247 \V'wi� cIi\Yl{C,1lCc mwemI nI-,, • P,maiI- 1) milmrr it i'0\ niroro Ivo ✓ 1--, T''-;- ... .......... O's. Postal %WIW CERTIFIED a RECEIPT Z11Domesitic mall only Ln ni CIP�� M Certified Mail Fee a. e type Prioty Mail Expres C1ris rU ni sC Extra Services & Fees (checkbox, add fee as p �: r- ❑ Relum Recelpt (hardcopy) $ . E3 ❑ Return RZOO1fn (elecfrmk) $ C3 ❑ canned Mall Resmated Delray $ Wmark ere two M C3 ❑Adult Signature Required $ ❑ Adue Signature Restricted Delivery Ili O .� Ln Postage I III Total r Kyriacos J Lagges & Marian hi La t $ Revocable Family Trust � s" 133 Barlow Ave r%- sneer Cocoa Beach FL 32931 - City z ----------- ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this cans to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Kyriacos J Lagges & Marianthi Lagges Revocable Family Trust , 133 Barlow Ave` Cocoa Beach FL 32931 A.S17n�ture X . ( ❑ Agent Addre eived by (Prime N J . Date of Deli "Awi,'et, ��G �r_) Iq D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: Ad_NO a. e type Prioty Mail Expres C1ris III IIIIII (III II I III III I I II IIII I II III I III I I III 11Adu.sdultZiSlgnature p Registered nta1TM ❑ AdultSignature Restricted Del" led ❑ Registered Mall Restricted Delivery 9590 9402 4370 8190 0232 38 ❑ Catfled Mal Restricted Deltmy ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery OSignature ConflrrnationTM 2. Article Number (Transfer from service label) ^ '- fired Mail ❑ Signature Confirmation 7 017 1450 0001 2238 2548 Re°tricted Ddvery RestieW De lmy Ps Form 3811, July 2015 PSN 7530-02-000-8053/U d r Z�� Domestic Return Receipt i