HomeMy WebLinkAboutcocc_agenda_package_20190221CALL TO ORDER
ROLL CALL
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
February 21, 2019
6:00 PM
Establish Next Meeting Date: March 21, 2019
NEW BUSINESS:
1. Approval of Meeting Minutes: September 20, 2018 & January 24, 2019
COMPLIANCE HEARINGS:
1. Case No. 2017-166 -Violation of Section 34-98 , (2), (5) Building appearance and maintenance;
Section 70-69 Receipt required; payment of tax prerequisite to issuance; Section 110-491, (11)
number of spaces required, of the City of Cape Canaveral Code of Ordinances. Section 303.1
General; Section 303.7 Roofs and drainage; Section 303.14 Window, skylight and door frames;
Section 303.14.2 Openable windows; Section 303 .15 Insect screens; 304.3 Interior surfaces;
Section 605.1 Installation , of the International Property Maintenance Code, as adopted by Section
82-221 of the City of Cape Canav eral Code of Ordinances. (526 Jefferson Ave) Bogart Place
Properties LLC/J effery Wells Property Owner.
2. Case No. 2018-212 -Violation of Section 110-555. -Paving of vehicular use areas , of the City
of Cape Canaveral Code of Ordinances . (8501 Astronaut Blvd.) Elpidasmar Management, LLC,
Pantelis Markogiannakis, Property Owner.
PUBLIC HEARINGS:
1. Case No. 2018 -191 -Violation of Section 34-38, Owner's maintenance of premises; 34-96, (a),
(b), (d) Standards established; Section 34-97, (a), (1), (2), (3), (7 ), (b), (2), (3) Duties and
responsibilities for maintenance; Section 34-98 , (2), (3), (4), (5), (6) Building appearance and
maintenance; Section 37-99, (1), (2), (3), (4), (5), Landscape appearance and maintenance ; 34-
122, ( a) Public nuisance prohibited, of the City of Cape Canaveral Code of Ordinances. (211
Caroline Ave) Palms East of Cape Canaveral LLC/ Jeffery Wells Property Owner.
2. Case No. 2018-277 -Violation of Section 34-96, (a), (b), (d) Standards established; Section 34-
98, (4), (6) Building appearance and maintenance, of the City of Cape Canaveral Code of
Ordinances. ( 516 Jefferson Ave) Donna Mc Allister Poots, Property Owner.
City of Cape Canavreal
Code Enforcement Board
Agenda
February 21, 2019
Page 2
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
September 20, 2018
A Regular Meeting of the Code Enforcement Board was held on August 23, 2018, at Cape
Canaveral City Hall Chambers, 100 Polk A venue, Cape Canaveral, Florida. Chairperson Mary
Russell called the meeting to order at 6: 12 p.m. The Board Secretary called the roll.
MEMBERS PRESENT
Mary Russell
Walter Godfrey
Inez Stone
Christopher Cloney
James Hale
MEMBERS ABSENT
Paula Collins
Charles Hartly
OTHERS PRESENT
Jennifer Nix
Brian Palmer
Chris Robinson
Ginger Wright
Chairperson
Vice Chairperson
Assistant City Attorney
Code Enforcement Officer
Code Enforcement Officer
Board Secretary
Board members established the next meeting would be on October 18, 2018.
Assistant City Attorney Nix swore in all persons gi v ing testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes -Augu st 23, 2018.
Motion by Mr. Cloney second by Mr. Godfrey, to approv e the meeting minutes of August
23, 2018 as written. Vote on the motion carried unanimously.
COMPLIANCE HEARINGS:
None
Code Enforcement Board
Meeting Minutes
September 20, 2018
PUBLIC HEARINGS:
1. Case No. 2017-137 ~ Violation of Section 34-38, Owner's Maintenance of Premises.; Section
34-96, Standards Established; (a), (b), (d); Section 34-97, Duties and Responsibilities for
Maintenance (a), (1) (4); Section 34-99 Intent, (1), (2), (4), (5); Section 34-122, Public
Nuisances, (a); Section 82-12, Unsafe Buildings or Systems; Section 82-371, Posting and
Specification of Numbers; Section 110-335, Prohibited uses and Structures, (1 ), (2); Section
110-551, Location of Recreational Vehicles, Camping Equipment, Boats and Boat Trailers,
(2), ( d); Section 110-555, Paving of Vehicular use Areas; Section 110-171, Establishments
Serving Alcoholic Beverages, (4); I.P.M.C. Section 108.1.1 Unsafe Equipment; I.P.M.C.
Section 302.2 Protective Treatment; I.P.M.C. Section 303.14 Window, Skylight and Door
Frames; I.P.M.C. Section 303.16, Doors; I.P.M.C. Section 304.3 Interior Surfaces; I.P.M.C.
Section 506.2 Maintenance of Sanitary Drainage System; I.P.M.C. Section 604.3, electrical
System Hazards; l.P.M.C. Section 605, Electrical Equipment 605.1; I.P.M.C. 605.2
Receptacles, of the International Property Maintenance Code, as adopted by Section 82-221;
F.L.B.C. Section 105 Permits 105.1 Required, of the Florida Building Code, as adopted by
Section 82-31, of the City of Cape Canaveral Code of Ordinances. (120 Jackson Ave.) Randall
Shane Reynolds, Property Owner.
Code Enforcement Officer Chris Robinson provided an overview of the Case history and
presented pictures for the Board's review. Officer Robinson testified the Notice of Hearing
was mailed September 4, 2018 and signed for on September 5, 2018. A power point
presentation was given by Officer Robinson on the property. The City's evidence/exhibits
considered by the code enforcement board included the agenda packet, staffs power point
presentation inclusive of photographs, provided notices and proof of certified mailings.
Mr. Shane Reynolds was present and gave testimony that he will be in to pick up permits. Mr.
Reynolds provided to the Code Enforcement Board copies of his bank statement and a verse
from the bible as evidence regarding his case. Some were accepted by the board as exhibits
into evidence.
Code enforcement staff request/recommendation: Based on evidence and testimony
presented, Staff respectfully requested the Respondent be found in violation of the City Code
provisions as set forth in the revised notice of violation, and that a fine be immediately
imposed in the amount of $150.00 for the first day and $75.00 every day thereafter; until
compliance is confirmed by the Code Enforcement Officer. Staff also requested that all costs
associated with enforcement of violation be imposed.
Motion by Mr. Cloney second by Mr. Godfrey, to continue the case to the next meeting
October 18, 2018, to give Mr. Reynolds more time to apply for permits and to start the other
work needed. Vote on the motion carried unanimously.
2. Case No. 2018-212-Violation of Section 110-555 . -Paving of vehicular use areas, of the
City of Cape Canaveral Code of Ordinances. (8501 Astronaut Blvd.) Elpidasmar
Management, LLC, Pantelis Markogiannakis, Property Owner.
Code Enforcement Board
Meeting Minutes
September 20, 2018
Code Enforcement Officer Brian Palmer provided an overview of the Case history and
presented exhibits. Officer Palmer testified the Notice of Hearing was mailed on August 10,
2018. A power point presentation was given by Officer Palmer on the property. The City's
evidence/exhibits considered by the code enforcement board included the agenda packet,
staffs power point presentation inclusive of photographs, provided notices and proof of
certified mailings.
Mr. Pantelis Markogiannakis was present and gave testimony that he will try to put up signs
or a rope to try to fix this problem.
Based on evidence and testimony presented, Staff respectfully requested the Respondent be
found in violation, as set forth in the notice of violation, and give the Respondent until
October 18, 2018 to come in to compliance or a fine be imposed in the amount of $75.00 for
the first day and $25.00 every day thereafter; until compliance is confirmed by the Code
Enforcement Officer and all costs associated with enforcement of violation be imposed.
The Board discussion included continuing the case to the next meeting October 18 , 2018.
Motion by Mr. Cloney second by Mr. Hale, to continue the case to the next meeting October
18 , 2018 giving the Respondent time to put up signs or a fence. Vote on the motion carried 4
to 1. (Mary Russell voted against the extra time).
OLD BUSINESS :
None
ADJOURNMENT:
Meeting adjourned at 7:41 p.m.
Approv ed on this __ day of ______________ , 2019.
Mary Russell Chairperson
Ginger Wright, Board Secretary
Pursuant to Section 286.0105, F.S., 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 considere d 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 r ecord of th e
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 eviden ce, nor does it authorize challenges or appeals not otherwise allowed by law.
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
January 24, 2019
A Special Meeting of the Code Enforcement Board was held on January 24, 2019, at Cape
Canaveral City Hall Chambers, 100 Polk A venue, Cape Canaveral, Florida. Chairperson Mary
Russell called the meeting to order at 6: 12 p.m. The Board Secretary called the roll.
MEMBERS PRESENT
Mary Russell
Inez Stone
Christopher Cloney
James Hale
Charles Hartley
MEMBERS ABSENT
Paula Collins
Walter Godfrey
OTHERS PRESENT
Anthony Garganese
Brian Palmer
Chris Robinson
Ginger Wright
Michael German
Dave Dickey
Todd Morley
Joshua Surprenant
Tim Davis
Chairperson
Vice Chairperson
City Attorney
Code Enforcement Officer
Code Enforcement Officer
Board Secretary
Building Official
Community Development Director
Economic Development Director
Community Services Director
Arborist
City Attorney Garganese swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting For September 20, 2018 will be over carried over to February meeting.
COMPLIANCE HEARINGS: None
PUBLIC HEARINGS:
Notice of Violation Appeal:
1. Case No. 2018 -268 -Violation of Section 1-15, General penalty; attorneys' fees and costs
(b), {c), {d); Section 34-96, Standards Established; {a), (b), (d); Section 34-97, Duties and
City of Cape Canaveral
Code Enforcement Board
Meeting Minutes
January 24, 2019
Responsibilities for Maintenance (a), (1), (2), (3), (5), (6), (7);Section 34-98, Building
appearance and maintenance (3), (4), (6); Section 34-99 Intent, (1), (2); Section 34-121,
Intent; SUBAC Section 101.4 Alterations, Repairs or Rehabilitation Work; SUBAC Section
101.6, Maintenance, of the Standard Unsafe Building Abatement Code, as adopted by Section
82-56, of the City of Cape Canaveral Code of Ordinances; FLBC Section 505, Alteration level
3, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral
Code of Ordinances. (305 Surf Dr.) Gerhardt Schmitz, Property Owner.
a. Sec. 202, Definition of Building, SUBAC (Standard Unsafe Building Abatement Code)
b. Sec. 101.6, SUBAC
c. Sec. 202, Definition of Unsafe Building, Paragraphs 3, 4, 5, 6 , 7, 8, 9, and 10 , SUBAC
d. Chapter 34, Article III, Property Maintenance Standards, Sec. 34-96 (a)(b), City Code
e. Chapter 34, Article III, Property Maintenance Standards, Sec. 34-96 ( d), City Code
f. Chapter 34, Article III, Property Maintenance Standards, Sec. 34-97
(a)(1)(2)(3)(4)(5)(6)(7), City Code
g. Chapter 34, Article III, Property Maintenance Standards, Sec. 34-98 (4)(6), City Code
h. Chapter 34, Article III, Property Maintenance Standards, Sec. 34-99(1)(2), City Code
1. Chapter 34, Article IV, Weeds and Dead Vegetation, Secs. 34-121. et. seq., City Code
J. Chapter 34, Article Ill, Property Maintenance Standards, Sec. 34-98 (3), City Code
k. Sec. 101.4, SUB AC
I. Section 505, Florida Building Code, Existing Building,
m. Chapter 1, General Provisions, Sec. 1-l 5(b )( c )( d), City Code
Code Enforcement Officer Brian Palmer provided an overview of the Case history and
presented a power point and a video. Officer Palmer testified the Notice of Hearing was
posted on the property on January 7, 2019.
The Building Official, Michael German, Community Development Director, David Dickey,
Economic Development Director, Todd Morley, Community Services Director, Joshua
Surprenant and Arborist, Tim Davis also spoke on the case.
Mr. Schmitz Respondent testified that he needed more time to try to get things done, to get
his property up to code.
Based on the testimony and evidence submitted at the Hearing, the Code Board found and
concluded that: (1) Proper Notice of the Violation and Notice of hearing was provided to
Respondent and mortgagee, Wells Fargo Bank NA; (2) Respondent's appeal is without merit
and is denied, and therefore, the Building Official's and Code Enforcement Officer's
determination that the property is unsafe, unsanitary, unfit for human occupancy, and
public nuisance is upheld; and (3) the City is entitled to proceed to abate the nuisance and
otherwise proceed in accordance with law.
Additionally, in furtherance of the Code Board's finding and conclusions , the Code Board
orders: (1) Respondent must remedy the violations stated in the Notice of Violation within
City of Cape Canaveral
Code Enforcement Board
Meeting Minutes
January 24, 2019
the time periods required by law. If the violations are not timely remedied, the City is entitled
to proceed to abate the nuisance and otherwise proceed in accordance with law; and (2)
Respondent must contact the City of Cape Canaveral Building Official at (321) 868-1220
Ext. 114 and take all necessary action required by the Building Official and Code
Enforcement Officers in accordance with law to timely remedy the violations.
Motion by Mr. Hale second by Mr. Hartley, Vote on the motion carried unanimously, to
proceed to abate the nuisance and otherwise proceed in accordance with the law.
OLD BUSINESS: None
ADJOURNMENT:
Meeting adjourned at 7:41 p.m.
Approved on this __ day of _____________ ~ 2019.
Mary Russell Chairperson
Ginger Wright, Board Secretary
Pursuant to Section 286.0105, F.S., 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.
City of Cape Canaveral
Con11nunity Developn1ent
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
Bogart Place Properties LLC
C/0 Wells, Jeffery W., R.A.
Location of the Violation:
526 Jefferson Ave Cape Canaveral FL 32920
( CASE No. 2017-166
DATE: 1/31/2019
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21,
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 Avenu e, 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 Code Enforcement Board Order 17-166,
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 Tiffi 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 31st day of January, 2019
Brian Palmer, Code Enforcement Officer
100 Polk Avenue• Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
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C/O Wells, Jeffery W., R.A.
211 Caroline Street Office
Cape Canaveral, FL 32920
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CODE ENFORCEI\1ENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANA \'ERAL,
A Florida municipal corporation,
Complainant,
Case# 17-166
V.
Bogart Place Properties LLC, C/0
Wells, Jeffery W ., R.A.
cm 2018180483 OR BK 8235 PAGE 1996 .
Fie c.o,ded OS/10 /2018 al 02 21 PM . Scolt Elli: .. Cler~ of Co1.11t:
8 revard County
11 Pg.3
Respondents,
I -------------
Subject Property:
Parcel number:
526 Jefferson Avenue.
Cape Canaveral, Florida 32920
24-37-23-08-*-6
FINDINGS OFF ACT, CONCLUSIONS OF LAW
AND ORDER {FIRST VIOLATION)
THIS CAUSE came before the Code Enforcement Board ("Board") of the City of Cape
Canaveral, Florida, on July 19, 2018 for consideration, after due notice to R espondent, to detennine
whether any violations of the City of Cape Canaveral Code of Ordinances ("City Code") exist or existed
on the Subject Property.
The Board, having heard the arguments of the parties and the e\·idence and testimony presented,
and having reviewed the record and being otherv.ise fully advised, the following Findings of Fact and
Conclusions of Law are in corporated into this Order as set forth herein .
Findings of Fact and Conclusions of Law
finds:
Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board
l. That Respondent ~.-as provided a Notice of Violation in accordance v:ith the City
Code and consistent with sections 162.06 and 162.12, Florida Statutes;
2. That violations of the following sections exist or existed upon the Subject Property and
that Respondent was further provided a reasonable time to correct said violation(s): Section 34-
98(2)&(5), Building appearance and maintenance, of the City of Cape Canaveral Code of Ordinances
("City Code"); Section 110-49] Number of spaces required, City Code; Section 303 .1 General, of the
International Property Maintenance Code (as adopted by Section 82-22 1, City Code)("IPMC"); Section
303 .7 Roofs and drainage, IPMC; Section 303.14 Window, skylight and door frames, IPMC; Section
303.14.2 Openable windows, IPMC; Section 303. I 5 Insect screens, IPMC; Section 304.3 Interior
surfaces, IPMC; 605.1 Installation, IPMC;
/
)-
'-/
Case# 17-166
3. That Respondent either failed or refused to correct such violation within the reasonable
time period provided in the Notice of Violation;
4. That the Respondent was provided Notice of Hearing before the Code Enforcement
Board, in accordance with the City Code and consistent with sections 162.06 and 162.12, Florida Statut es,
and were not present at the hearing;
5. That, based on the testimony and evidence presented, Respondent has violated the City
Code, to wit: Section 34-98(2)&(5), Building appearance and maintenance, of the City of Cape
Canaveral Code of Ordinances ("City Code"); Section 110-491 Number of spaces required, City
Code; Section 3 03 .1 General, of the International Property Maintenance Code ( as adopted by
Section 82-221, City Code)(''JPMC"); Section 303.7 Roofs and drainage, IPMC; Section 303.14
Window, skylight and door frames, IPMC; Section 303.14.2 Openable windows, IPMC; Section
303.15 Insect screens, IPMC; Section 304.3 Interior surfaces, IPMC; 605. l Installation, IPMC;
6. That said violation(s) exist(s) or existed within the City of Cape Canaveral and that such
constitute(s) violation(s) of the City Code.
BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS, IT IS
HEREBY ORDERED:
I. Respondent be given until August 3, 2018, to correct the violations of the City Code on
the Property; and
2. If Respondent fails to correct the violations within the time period set forth herein, the
Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and
Respondent shall be duly noticed and given an opportunity t o appear and present evidence as to the status
of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains
in violation, a fine will be entered in the amount of one hundred dollars ($100.00) for the first day and
seventy-five dollars ($75.00) per day until the violation(s) come(s) into compliance. Respondent shall
be responsible to provide notice of such vio!ation(s) being corrected to the Code Enforcement Officer.
Upon such confinnation, the Code Enforcement Officer shall promptly either file a Notice of Compliance
or notify the Code Enforcement Board or secr etary such that the matter is scheduled for hearing, relative
to compliance, before the board in a reasonable amount of time;
3. If Respondent fails to conect any or all Yio la tions on the Subject Property within the time
period prescribed herein, the Clerk of the Board may be directed to record a certified copy of this Order
in the public records for Brevard County, Florida, which shall serve as a lien against the Subject Property
and any other real or personal property owned by the Respondent;
4. Any and all future recunence(s) of any violation(s) addressed herein after same have
been conected shall necessitate further proceedings before the Code Enforcement Board without
necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code
Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed F ive
Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat
violation(s) is/ are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary action
against the Respondent(s) to enforce this Order in accordance with Section 162.09, Florida Statutes, a nd
City of Cape Canaveral Code, Chapter 2, Article VI .
Page 2 of3
UL.
DONE AND ORDERED at Cape Canaveral, Florida, this 7 ~ day of
tune to July 19, 2018 .
Case# 17-166
~; 20 I 8, nunc pro
(I
Copies furnished to:
Bogart Place Properties LLC
C/0 Wells, Jeffery W ., R.A.
211 Caroline Street Office
Cape Canaveral, FL 32920
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
CERTIFIED MAIL 7017 1450 000122387147
J hereby certify that a true and correct copy of the above and foregoing Ord er Imposing Penalty
has been furnished ¼::i:~ mail to the Respondent(s) and/or Respondent 's authorized representative ~ 1 onthis_.1_dayof · · ·2018 .
Page 3 of3
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211 Caroline Street Office
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City of Cape Canaveral
ConHllunity Develop1nent
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent( s):
Elpidasmar Management, LLC
C/0 Pantelis Markogiannak.is
Location of the Violation:
8501 Astronaut Blvd, Cape Canaveral, FL 32920
CASE No. 2018-212
DATE: l/31;2019
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21,
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 Polle A venue, 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 shll 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 pres ent evidence and witnesses in defense at the hearing. Since the proceedings
of the Code Enforcemeni 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 othe~ 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 APPE AL IS TO BE BASED.
DATED this 31st day of January, 2019
Brian Palmer, Code Enforcement Officer
I 00 Polk Avenue• Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868 -1220 • Fax: (321) 868-1247
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CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
V.
Elpidasmar Management LLC,
Respondent,
I --------------
Subject Property: 8501 Astronaut Blvd.
Cape Canaveral, Florida 32920
Parcel number: 24-37-15-00-835
ORDER CONTINUING HEARING
Case# 18-212
THIS CAUSE having come on for consideration, after being duly noticed, before the Code
Enforcement Board of the City of Cape Canaveral, Florida, on September 20, 2018 to determine
whether any violations of the Cit) of Cape Canaveral Code of Ordinances ("City Code") exist or
existed on the Subject Property. The Board, having heard the arguments of the parties and the
evidence and testimony presented , and having reviewed the record and being otherwise fully
advised, issues this Order.
PROCEDURAL MATTERS:
Following city staff's presentation of testimony and submission of evidence relating to
alleged code enforcement violations of Section 110-555 . -Paving of vehicular use areas, of tJ1e
City of Cape Canaveral Code of Ordinances, and Respondent's te s timony and su bmission of
evidence, it was discussed that the September 20 , 2018 hearing be continued to the October 18,
2018 Code Enforcement Board hearing, with the city to give additional notice regarding same, for
further consideration by the Code Enforcement Board prior to issuance of an order inclusive of
findings of fact relating to th e alleged vio1ation(s). Respondent was present and provided sworn
testimony and evidence. Respondent made no objection to continuing the hearing to a future date.
The Code Enforcement Board, having reviewed the entire file as provided and being otherwise
fully advised in the premises, enters this Order.
ORDER:
The hearing set for September 20, 2018 is hereby continued unti l the October 18, 2018
Code Enforcement Board hearing.
DONE AND ORDERED at Cape Canaveral, Florida, this //, day of October, 2018,
nunc pro tune to September 20, 20 l 8 .
Copies furnished to :
Elpidasmar Management, LLC,
c/o Pantelis Markogiannakis
J 725 Shoreview Drive
Indialantic, Florida 32903
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
CERTIFIED MAIL 70180680000232512447
I hereby certify that a true and correct copy of the above and foregoing Order Contm uing
Hearing has been furnished by certified mail to the Respondent(s) and/or Respondent's authorized
representative on this~ day of .~.'\.. -.lu(·· ,· ½ 2018.
~_,~\J~:&± Gi~ er~ght .____,,
Clerk to the Code Enforcement Board
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so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
11 11111111111 1111111 111111111111111111 11111 111
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3. Service Type o Pnor1ty Mall Express®
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Certified Mall® ~;i
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PS Form 3811, July 2015 PSN 7530·02·000·9053 ~ ? Domestic Return Receipt :
City of Cape Canaveral
Community Development Department
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
211 Caroline St. Cape Canaveral FL. 32920
PACEL ID: 24-37-14-00-00502.0-0000.00
Respondent(s):
Palms East of Cape Canaveral LLC, C/O Jeffery W Wells
CASE NO. 2018-191
Date: 3/12/2018
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 s et forth above or
the violations(s) recur(s) even if the violations(s) is/are corrected at the time of heari ng
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 con-ect 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 v iolations(s) has/ have
been corrected. IF TH E VIOLATION(S) IS /ARE CORRECTED WITHIN THE TIME PERIOD
REQUIRED , THE RESPONDENT(S) M U ST IMMEDIATELY NOTIFY THE CODE
ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
211 Caroline St. Cape Canav eral FL 32920
2 . Name and address of owner(s) of property where violation(s) exist:
Palms East of Cape Canaveral LLC
C/O Jeffery W Wells
211 Caroline St.
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: c.robinson@ cityofcapecanaveral.org
Page2
2018-191
On February 28, 2018 staff received a complaint of exterior disrepair and maintenance issues at
211 Caroline St. A sight visit revealed air conditioning ground units were visible from the right
of way, air conditioning units on the wall were missing grates and had weeds growing out of
them, vehicle canopy structures were damaged, missing and toppled over creating a hazard,
furniture and debris were dumped all around the property or up against dumpster enclosures,
inoperable vehicles and un-tagged vehicles parked on the property, missing or damaged roof
trim and soffits, paint chipping from doors and door trim, driveway has pot holes and uneven
repairs, and stumps and weeds all around the property.
3 . Description of violation(s) at property :
Section 34-38. -Owner's maintenance of premises.
The owner or person in control of any private property shall at all times maintain the premises
free oflitter. However, this section shall not prohibit the storage of litter in authorized private
receptacles for collection.
Section 34-96. -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 hi s 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 th ereof 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 prem ises shall be kept free of all nui sances, litter, rubbi sh ,
d ebris, 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 n eighborhood . Lawns, land scaping, driveways and fences shall
be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood.
Mailing Address : P.O. Box 326 Physical Address : 110 Polk A venue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 ~ Fax (3 2 1) 868-1247
www.cityofcapecanaveral.org e-mail: c.robinson@cityofcapecanaveral.org
Page3
2018-191
Section 34-97(a)(1)(2)(3)(7)(b )(2)(3). -Duties and responsibilities for maintenance.
(a) The owner of every single-family or multiple-family dwelling, commercial or industrial
property, 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.
(7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and
vegetation cut periodically as needed.
(b) The owner of every single-family or multiple-family dwelling, commercial or industrial
property, his appointed agen t and occupants, operators, tenants or anyone otherwi se using the
property in any form or manner shall provide:
(2) Screen ing of service yards and dumpster area by use of walls, fencing, planting or a
combination of these on three sides with the ope n side positioned away from public view when
possible, and which meet the design requirements as adopted in Appendix A [refer to building
department] of thi s article referring to this section. Screening shall be equally effective in winter
and summer.
(3) Parking areas in good repair, fr ee from erosion, properly marked and clear oflitter and debris.
Sec. 34-98(2)(3)(4)(5)(6). -Building appearance and maintenance.
The following criteria, unless specifically limited, shall apply to all improvements within the
city:
(2) Materials shall have good architectural character and shall be selected for suitability to the
type of buildings and the design in which they are u sed . Materials shall b e of durable quality and
appropriate to the climatic condition s of Florida.
Mailing Address: P.O. Box 326 Physical Address : 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Tele phone (321) 868-1222 ~ Fax (321) 868-1247
www .cityofcapecanaveral.org e-mail: c.robi nson@cityofcapecanaveral .org
Page4
2018-191
(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. Det eriorated, 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.
(5) Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters
or railings properly designed and maintained to minimize the hazard of falling , and such shall be
kept structurally sound in good repair.
(6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles
or tiles.
Sec. 34-99. -Landscape appearance and maintenance.
The community depends on trees and plant material to enhance its beauty, moderate its climate
and provide year-round greenery and color. Landscaping criteria shall include but not be limited
to the following:
(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.
(3) Where natural or existing topographic patterns contribute to beauty and utility of a
development, they shall be preserved and developed. Modification of topography will be
pern1itted where it contributes to good appearance.
( 4) Parking areas and trafficways shall be encouraged to be enhanced with landscaped parking
spaces containing trees or tree groupings. Shrubs shall be used only when they will not obscure
vision and will not require excessive maintenance.
(5) All public landscaped areas shall be protected from vehicular encroachment.
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 .ci tyofcapecanaveral .org e-mail: c.robin son @cityofcapecan averal .org
Page 5
2018-191
Sec. 34-122(a). -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.
4. Recommendation(s) to correct the violation(s) described above:
• Block the view of AC units from right of way.
• Replace missing grates and remove weeds from AC units on wall.
• Remove or repair vehicle canopy structures.
• Remove trash, debris and discarded furniture.
• Remove inoperable or untagged vehicles.
• Repair or replace damaged roof soffits.
• Repair chipped and peeling paint on doors and trim.
• Repair damaged driveways and parking lots.
• Remove stumps and mow and trim weeds .
• Obtain all required permits and inspections.
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 Cana\'eral, (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.cityofcapecan averal.org e-mail: c.robinson @ cityofcapecan averal.or g
City of Cape Canaveral
Community Development Department
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation
CASE No. 2018-191
DATE: 12/28/2019
Complainant,
V.
Respondent( s):
PALMS EAST of CAPE CANAVERAL
Location of the Violation:
211 CAROLINE STREET, CAPE CANAVERAL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21 , 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 v iolation(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
E nforcement 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 b y the R espondent(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 O F THE ST A T E 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 INCLUDE S THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
Mailing Address : P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral , FL 32920-0326
Telephone (321) 868-1220 ~ Fax (321) 868-1247
www.citvofcanecanaveral .om: e-m ail: c .rohinsonrakitvofcanecanaveral .or!!
Brevard County Property Appraiser
Titusville • Merritt Island • Viera • Melbourne • Palm Bay
PROPERTY DETAILS
Account
Owners
Mailing Address
Site Address
Parcel ID
Property Use
Exemptions
Taxing District
Total Acres
Subdivision
Site Code
Plat Book/Page
Land Description
Category
2429185
Palms East Of Cape Canaveral LLC
211 Caroline St Cape Canaveral FL 32920
211 Caroline St Unit Office Cape Canaveral FL 32920
213 Caroline St Unit Dacare Cape Canaveral FL 32920
24-37-14-00-502
0354 -Low Rise Apartments -2 OR 3 Stories -50 Units
A
None
26G0 -Cape Canaveral
10.99
N/A
0001 -No Other Code Appl.
N/A
Part Of SE 1/4 Of SW 1/4 As Des IN Orb 763 Pg 808
VALUE SUMMARY
Total Market Value
Agricultural Market Value
Assessed Value Non-School
Assessed Value School
Homestead Exemption
Additional Homestead
2017
$5,100,000
$0
$5,100,000
$5,100,000
$0
$0
$0 Other Exemptions
Taxable Value Non-School
Taxable Value School
Date
05/14/2012
03/15/2005
04/30/1998
02/23/1965
Price
$1 ,178,200
$10,800,000
$4,500,000
$5,100,000
$5,100,000
SALES/TRANSF ERS
Type
WD
WD
W D
WD
BUILDINGS
PROPERTY DATA CARD #1
Building Use
1700 -Office
Building -Single
Tenant -1 Story
Year Built Story Height Floors
Materials
Exterior Wall :
Frame:
Roof:
Roof Structure:
1966 10
Painted Exterior
Masnryconc
Bu-Tg/Mmbrn
Bar Joist Rigid
Sub Areas
Base Area (1st)
Open Porch
Total Base Area
Total Sub Area
1
2016
$4,850,000
$0
$4 ,812 ,500
$4,850,000
$0
$0
$0
$4 ,812 ,500
$4 ,850,000
Parcel
Improved
Improved
Improved
Residential
Units
Extra Features
Fence -Wood 6' 210
4300
4
Additional Extra Features
No Data Found
Wall -Concrete -Block
Washer Hookup
Phone: (321 ) 264-6700
https://www.bcpao.us
2015
$4,375,000
$0
$4,375 ,000
$4 ,375 ,000
$0
$0
$0
$4 ,375,0 00
$4 ,375 ,000
Deed
6612/2128
5436/5724
3835/2981
0763/0 808
Commercial
Units
0
2400
480
2400
2880
Page 1 of 7 Generated on 3/12/2018 10:25:26 AM
Pool Deck
Fence -Chain Link 6' Pool~ -Commercial --
. Paving ~ Concrete
Paving -_ AsphaH
[}ryµ_Hookup __ _ _
Shuffleboard -Commercial . -
Building Use
2500 -Repair Svc
Shop -Exel Auto -
(Radio, Tv,
Electric Repair,
Refrig Service,
Paint
Materials
.Exterior Wall:
Frame: -
Roo(
Roof Structure:
Extra Features
No Data Found
Building Use
0850 -Multiple
Living Units -5 To
9 Units
Materials
Exterior Wall:
Frame:
RcioT
"f~oof Structure:
Extra Features
Carport
Building Use
0353 -Low Rise
Apartments -2 OR
3 Stories -10 To
49 Units
Materials
Exterior Wall :
Frame: -
kciot:
Roof Structure:
Pa ge 2 of 7
Year Built
1966
Year Built
1966
Year Built
1966
6661 -·-------1150 . -···· -. ---1020 . -·-45000-
118924
4
2
PROPERTY DATA CARD #2
Story Height Floors
9
Sub Areas
Residential
Units
1
Commercial
Units
0
--4080 --Tsso Painted Exterior
_MasruyEonc
Bu-Tg/Mmbrn
Bar Joi~t R!gi~
. Base Area ('1 st f" -
Open Porch
Total Base Area
"tofal sub Area
---------4080
Additional Extra Features
No Data Found
PROPERTY DATA CARD #3
Story Height
9
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre-Strs. Cone.
Floors
2
Sub Areas
Base Area (fst)
Base Area (2nd)
Open Porch . -
Total Base Area
Total Sub Area
Residential
Units
8
Additional Extra Features
1560 No Data Found
PROPERTY DATA CARD #4
Story Height
9
Stucco
Masnryconc
Bu~ fglrvfnibrn
Pre-Strs. Cone .
Floors
2
Sub Areas
Base Area (1st)
Base A rea (2nd)
6pen.°F'orc~_
Total Base Area
-Total Sub Area -
Residential
Units
20
5760
Commercial
Units
0
2626
2626
886
5252
6138
Commercial
Units
0
6562
. 6562
·2188 ---13124
15312
Generated on 3 /12/2 018 10:25:26 AM
Apartments -2 OR
3 Stories -10 To
49 Units
Materials
Exterior Wall:
F rame: ---
Roof:
Roof Structure:
Extra Features
Carport
Building Use
0850 -Multiple
Living Units -5 To
9 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
Carport
Building Use
0353 -Low Rise
Apartments -2 OR
3 Stories -10 To
49 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
Carport
Building Use
0353 -Low Rise
Apartments -2 OR
3 Stories -10 To
49 Units
Materials
Exterior Wall:
Page 4 of 7
Year Built
1966
Year Built
1966
Year Built
1966
Stucco
Masnryconc
Bu-Tg/Mmbrn
P-re-Strs. co·nc.
Sub Areas
Base Area (1st)
-Base Area (2nd)
Open Porch
T otal Base Area
Total Sub Area
Additional Extra Features
3120 No Data Found
PROPERTY DATA CARD #9
Story Height
9
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre-Strs. Cone.
Floors
2
Sub Areas
Base Area (1st)
Base Area (2nd)
Open Porch
Total Base Area
Total Sub Area
Res ide ntial
Units
8
Additional Extra Features
1560 No Data Found
PROPERTY DATA CARD #10
Story Height
9
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre-Sirs. Cone.
Floors
2
Sub Areas
Base Area (1st)
Base Area (2nd)
Open Porch
Total Base Area
Total Sub Area
Residential
Units
16
Additional Extra Features
3120 No Data Found
PROPERTY DATA CARD #11
Story Height Floors
9 2
Sub Areas
Stucco Base Area (1st)
Residential
Units
16
6782 -----6782
2060
13564
15624
Commercial
Units
0
2626
2626
886
5252
6138
Commercial
Units
0
6782
6782
2 060
13564
15624
Commercial
Units
0
6782
Generated on 3/12/2018 10:25:26 AM
Extra Features · carpnrt ··
Building Use
-0850 -Muitiple
Living Units -5 To
9 Units
Materials
Exterior Wall: Frame:. -
·Root: -
Roof Structure:
Extra Features
-g_a!p9rt
Building Use
0353 -Low Rise
Apartments -2 OR
3 Stories -10 To
49 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
Carport
Building Use
0850 -Multiple
Living Units -5 To
9 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
Carport
Building Use
0353 -Low Rise
Page 3 of 7
Year Built
1966
Year Built
1966
Year Built
1966
Year Built
1966
Additional Extra Features
3880 No Data Found
PROPERTY DATA CARD #5
Story Height
9
S--• • -•--•n•-
Stucco
_ Masnryconc
Floors
2
Sub Areas
Base Area· (1st) -
Base Area (2nd) ·-ope;,· Porcti
-Residential
Units
8
Commercial
Units
0
2204
·2204
--812 ·Bu-TglMmbrn Pre-Strs. Cone·. Total Base Area
Total Sub Area
-----
1560
Additional Extra Features
No bata· Found
PROPERTY DATA CARD #6
Story Height
9
Floors
2
Sub Areas
Base Area (1st)
Base Area (2nd)
Open Porch
Residential
Units
16
4408
5220
Commercial
Units
0
6782
6782
2060
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre-Strs. Cone. -· . -· -· . ---··-------------Total Base Area
t otai Sub Area
Additional Extra Features
3120 No Data Found
PROPERTY DATA CARD #7
Story Height
9
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre~~fas. Cone.
Floors
2
Sub Areas
Base Area (1st)
·sase /\rea (2nd)
Open Porch
Total Base Area
Total i~iub Area
Residential
Units
8
Additional Extra Features
1560 No Data Found
PROPERTY DATA CARD #8
Story Height
9
Floors
2
Residential
Units
16
13564
15624
Commercial
Units
0
2626
2626
886
5252
6138
Commercial
Units
0
Generated on 3/1 2/2018 10:25:26 AM
Frame:
Roof:
Roof Structure:
Extra Features
·carport
Building Use
0353 -Low Rise
Apartments -2 OR
3 Stories -10 To
49 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
Carport
Building Use
0850 -Multiple
Living Units -5 To
9 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
Carport
Building Use
0353 -Low Rise
Apartments -2 OR
3 Stories -1 O To
49 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
Page 5 of 7
Masnryconc
Bu-Tg/Mmbrn
Pre-Strs. Cone.
Base Area (2nd)
Open Porch
Total Base Area fotai s·ub. Area
Additional Extra Features
3120 No Data Found
PROPERTY DATA CARD #12
Year Built Story Height Floors Residential
Units
1966 9 2 20
Year Built
1966
Year Built
1966
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre-Strs. Cone.
Sub Areas
Base Area (1st}
Base_ Area (2nd)
J)pen Porch
Total Base Area
Total Sub Area
Additional Extra Features
3880 No Data Found
PROPERTY DATA CARD #13
Story Height
9
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre-Strs. Cone.
Floors
2
Sub Areas
Base Area (1st)
Base Area (2nd)
Open Porch
Total Base Area
Total Sub Area
Residential
Units
8
Additional Extra Features
1560 No Data Found
PROPERTY DATA CARD #14
Story Height
9
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre-Sirs. Cone.
Floors
2
Sub Areas
Base Area (1st)
Base Area (2nd)
Open Porch
T otal Base A rea -
Total Sub A rea
Residential
Units
16
Additional Extra Features
6782
2060
1 3564
--15624
Commercial
Units
0
6562
6562
2188
131 24
15312
Commercial
Units
0
2626
2626
886
5252
6138
Commercial
Units
0
4318
4318
1519
8636
10155
Generated on 3/12/2018 10:25:26 AM
Frame:
Roof:.
Roof Structure:
Extra Features
. C_aq~ort
Building Use
·03·s3 ·_ LowRise
Apartments -2 OR
3 Stories -10 To
49 Units
Materials
Frame:
i=fooC
Root s'ti-ucture:
Extra Features
Carport
Building Use
0850 -Multiple
Living Units -5 To
9 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
Carport
Building Use
0353 -Low Rise
Apartments -2 OR
3 Stories -10 To
49 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure : --
Extra Features
Page 5 of 7
Year Built
1966
Year Built
1966
Year Built
1966
___ Masn!Yconc
Bu-Tg/Mmbrn
Pre--Strs~ Cone.
3120
Base Area _(2nd)
Open Porch
Total Base Area
fofaT"si.ih .A:rea-·
Additional Extra Features
No Data Found
PROPERTY DATA CARD #12
Story Height Floors
9 2
Sub Areas
Base Area (1st) -
Base Area (2nd)
Open-Porch .
Residential
Units
20
Stucco
Masn-ryconc
Efu~Tg/Mmbrn
P"re=-sfrs~ Cone. Total Base Area ___ _
Total Sub Area
Additional Extra Features
3880 No Data Found
PROPERTY DATA CARD #13
Story Height
9
Stucco
M§lsn.ryconc
Bu-Tg/Mmbrn
Pre-Strs. Cone .
Floors
2
Sub Areas
Base Area (1st)
Base Area (2nd)
Open Porch
Total Base Area
Total Sub Area
Residential
Units
8
Additional Extra Features
1560 No Data Found
PROPERTY DATA CARD #14
Story Height
9
Stucco
Masnryconc
Bu-Tg/Mmhrn
Pre-Strs. Cone. ·--·-
Floors
2
Sub Areas
Base Area (1st)
Base Area (2nd)
-Open Porch
Total Base Area·
Total Sub Area -. . --·
Residential
Units
16
----·-----
Additional Extra Features
6782
2060
13564
15624
Commercial
Units
0
6562
6562
2188
13 124
15312
Commercial
Units
0
2626
2626
886
5252
6138
Commercial
Units
0
43 18
4318
1519
8636
10155
Generated o n 3/12/2018 10:25:26 AM
Apartments -2 OR
3 Stories -10 To
49 Units
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
Carport
Building Use
2500 -Repair Svc
Shop -Exel Auto -
(Radio, Tv,
Electric Repair,
Refrig Service,
Paint
Materials
Exterior Wall:
Frame:
Roof:
Roof Structure:
Extra Features
No Data Found
Page 7 of 7
Year Built
1966
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre-Strs. Cone.
Sub Areas
Base Area (1st)
Base Area (2nd)
Open Porch
. total Base Area
Total Sub Area
Additional Extra Features
3120 No Data Found
PROPERTY DATA CARD #19
Story Height
10
Stucco
Masnryconc
Bu-Tg/Mmbrn
Pre-Strs. Cone.
Floors
Sub Areas
Base Area (1st)
Open Porch
Total Base Area
Total Sub Area
Residential
Units
Additional Extra Features
No Data Found
6782
6782
2060
13564
15624
Commercial
Units
0
408
70
408
478
Generated on 3/12/201 8 10:25 26 AM
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Tracking Number: 70122210000197 446851 Remove X
Your item was delivered to the front desk, reception area, or mail room at 3 :56 pm on
March 14, 2018 in CAPE CANAVERAL, FL 32920.
& Delivered
March 14, 2018 at 3 :56 pm
Delivered, Front Desk/Reception/Mail Room
CAPE CANAVERAL, FL 32920
Tracking History
March 14, 2018, 3 :56 pm
Delivered, Front Desk/Reception/Mail Room
CAPE CANAVERAL, FL 32920
Your item was delivered to the front desk, reception area, or mail room at 3 :56 pm on March 14 ,
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March 14, 2018, 8:40 am
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CAPE CANAVERAL , F L 32920
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C/0 Jeffery W. Wells
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C/O Jeffery W . Wells
211 Caroline St. Office
Cape Can~ij:veral , FL. 32920
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Pal~r East of Cape Canaveral LLC
C/O Jeffery W Wells
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Cape Canaveral, FL 32920
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City of Cape Canaveral
Co1nmunity Develop1nent Departtnent
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
516 Jefferson Ave. Cape Canaveral, FL 3 2920
Parcel ID: 24-37-23-CG-00044.0-0004.00
Respondent(s):
Poots, Donna Mc Allister
CASE NO. 2018-277
Date: 11/25/2018
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 ofviolation(s) of the
City of Cape Canav eral 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 Yiolations(s) is/are not corrected within the time period set forth abo ve 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 c01Tect 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 /A RE CORRECTED WJTHIN THE TJME PERJOD REQUIRED , THE
RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND
REQUEST AN JNSPECTJON .
1. Property where violation(s) exit(s):
516 Jefferson Ave. Cape Canaveral , FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Poots, Donna Mc Allister
516 Jefferson Ave.
Cape Canaveral, FL 32920
THE
I 00 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
\\·\\w .cityofrapeca naYeral.org • email: c .robin-,on 1a cityofcapecanm eral.or?
SP4CE
BETWEEN '
Page 2
2018-277
On October 5, 2018 During a patrol of the city staff observed a dilapidated door overhang at 516
Jefferson Ave. A courtesy notice was sent on the same day informing you of the violation and giving 30
days to correct the violation. On November 13, 2018 a follow up visit revealed the violation has not
been corrected. Staff also observed an overgrown front yard.
Description of Violation(s) at property: Sec. 34-96. -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 pe1iodic 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.
Section 34-98. -Building appearance and maintenance.
The following criteria, unless specifically limited, shall apply to all improvements within the city:
( 4) Buildings and appurtenances, including s igns, s hould be cleaned, painted, repaired and free of
mildew as required to present a neat appearance. Deteriorated, worn or damaged portions shoul d b e
rebuilt or r epl aced. All surfaces shall be maintained free of broken glass, loose shi ngles, crumbling stone
or brick, excessive peeling p aint or other conditions reflective of deterioration or inadequate
maintenance to the end that the prope1iy itself may be preserved safe from fire hazards .
(6) All roofs shall have a sui table covering free of holes, cracks , excessi\'e wear , missing shingles or
tiles.
3. Recommendation(s) to correct the violation(s) described above:
• Replace, repair or remove overhang.
• Obtain all applicable permits.
• Mow and trim overgrown yard.
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
,vn·n1 ritv()fr:u,rrnn~n ·Prn 1 ()J"U • Prn~i 1 · r r()hin<:()n(n~ritvnfrnnrrm1:n·p1-n 1 rn·u
THE
SPACE
BETWEEN°
Page3
2018-277
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.
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)
a~
Chris Robinson
Code Enforcement Officer
100 Polk Avenue• Post Office Box 326 • Cape Canaveral , FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
www citvofranecanavf'ra 1 on> • e m ;:i i 1: c rohinson(alcitvof c,mf'canavern 1 onr
THE
SP4CE
BETWEEN"
City of Cape Canaveral
Com1nunity Develop1nent Department
NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation
CASE No. 2018-277
DATE: 12/28/2019
Complainant,
V.
Respondent( s):
Donna McAllister Poots
Location of the Violation:
516 JEFFERSON AVE, CAPE CANAVERAL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 21 , 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 A venue,
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 v iolation(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.
op~,
(f2
19
Chris Robinson, Code Enforcement Officer
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 -Fax (321) 868-1247
www.c it yofcapecan averal .org e -mail: c .robi n son@ cityofcapecanaver al.org
ENDER: COMPLETE THIS SECTION
• 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 card to the back of the mailpiece,
or on the front if space permits.
1 A...+i,..J,.. J\"4,...,.oc.-c.-o.rl tn•
Donna McAlliister Poots
516 Jefferson Ave
:::ape Can ;:;ve ral, FL. 32920
COMPLETE THIS SECTION ON DELIVERY
A. .$ignature [i -~
B.b:eiv~.b.Yfrinted N~
LA:-'-fllr (()fl i )
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0 Addr~
Date of D, 01,0
D. Is delivery address different from item 1? []
~ If YE~,-eriter·delivery address below:
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9590 9402 4067 8079 7054 90 • g:::: ~:~estricted Delivery D ~:\:;;;Receipt for
• Collect on Delivery Merchandise · · • Collect on Delivery Restricted Delivery .J(Signature Confirmation™ 2. M_1cJe Number (Transfer from serv,ce label) -Mall • Signature confirmation
7 O 17 2 6 8 O O O O O 6 5 5 O O S 4 8 Mall Restricted Delivery Restricted Delivery
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PS Form 3811, July 2015 PSN 7530-02-000-9053 (! /)()~1"/E5Y t!I<. Domestic Return Receipt
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CERTIFIED MAIL® RECEIPT
Domestic Mail Only
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D D Certified Mall Restricted Delivery $ U"I Here n.
Cl 0Adult Signature Requked $ g;ff D Adult Signature Restricted Delivery $
• Postage
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iatal Postag, Donna McAlliister p ...lJ
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s 516 Jefferson Ave
I"'-Sent To
Cape Canaveral, FL. r'l • sireeiaiicfilp
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SENDER: COMPLETE THIS SECTION
• 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 card to the back of the mailpiece,
or on the front if space permits.
1 Arfjt"':f'3 Arlrlr~c::.~ri tn•
Donna McAllister Poots
516 Jeffers0n Ave .
Cape Can, · :al, FL. 32920
II IIIIIIIJlll 111111111111111111111 Ill 111111111
9590"9402 4370 8190 0244 71
COMPLETE THIS SECTION ON DELIVERY
~Si~ • Agent
D Addressee
B. Received by (E;J:inted Name)
-Z frClv...LJ (ti,• 5
C . Date of D elivery
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D. Is delivery address different from item 1? D Yes
If YES, enter delivery address below: D No
3 . Service Type
D Adult Signature
D Adult Signature Restricted Delivery
D Certified Mall®
D Certified Mail Restricted Delivery
D Priority Mail Express®
D Registered Mall™
D Re~lstered Mall Restrtct ed
Delivery
D Collect on Delivery -----------------.-.-.-. ------1 D Collect on Deliveiy Restricted Delivery 2. Article Number (Transfer trom servtce tao~tJ
D Return Receipt for
Merchandise
D Signature Confirmation™
D Signature Confirmation
Restricted Delivery 7018 1130 0001 7000 858•
PS Form 3811, July 2015 PSN 7530-02-000-9053
-ured Mail
ured Mail Restricted Delivery
___ er$500)
Domestic Return Receipt
U.S. Postal Service™
CERTIFIED MAIL® RECEIPT ["-
•
1.11
U.S. Postal Service™
CERTIFIED MAIL® RECEIPT
Domestic Mail Only Domestic Mail Only
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a OF ~"'~ US E • 0 • • $
~ ~ertified Mail Fee Fi , .
("-,, Extra Services & Fees (check -;<
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D Return Receipt (hardcopy) _____ ~f
OReturnRecelpt(electronlc) $ ~8\/ 2 6 ?'.:·18 Pos~a~.
0 Certifi ed Mail Restricted Oe1 ery $ rtf "'·') 1 ~i
0AduttSignaturs Requlred $_____ ·
0 Adult Signature Restricted De er; $ / •
CJ Postage ,,..,<::::,/•
rn ~r M ""$ ___ _
M Total Postag ..
516 Jefferson Ave.
cO l~ent To M Cap e Canaveral, FL. 32920
Street and At • I"'-
City, State, Z.
.181lf
PS Fo rm 3800, April 2015 PSN 7530·02-000-9047 See Reverse for Instructions
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~ $ Poots, Donna Mc Allister Total Postag
r-=i s 516 Jefferson Ave.
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.-'I Sent To Cape Canaveral, FL 32920
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City, State, z
Pdstmark
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PS Form 3800, April 201 5 PSN 7530-02-0 00-9047 See Reverse for Instruc tions