HomeMy WebLinkAboutRE 8801 Astronaut Blvd (5)Mr. Gal,
I cannot speak to how the State of Florida and the Cocoa dump define
solid waste. I can only go by the City Code and how the Building
Official interprets that code. The City code defines vegetative waste as
solid waste and states it is unlawful to have any accumulation of solid
waste upon properties within the city for more than 4 days.
I thank you for removing the pile of vegetative waste in June, however
I cannot speak to the reasons why you were cited under 34-96 (d) and
34-97 (a), that was not my case. I am requesting the vegetative waste,
that is currently on your premises, be removed in accordance with Sec.
62-11.
I assure you I am simply doing what is asked of me by requesting that
you remove the vegetative waste pile. The same as I would do for any
other property owner in the city.
Thank you,
Brian
<http://www.cityofcapecanaveral.org/>
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From: Oshri Gal [mailto:beachwavecb@gmail.com]
Sent: Wednesday, September 21, 2016 11:07 AM
To: Brian Palmer <B.Palmer@cityofcapecanaveral.org>
Cc: Kimberly Lawyer <Kim@cfglawoffice.com>; Todd Morley
<T.Morley@cityofcapecanaveral.org>; Michael German
<M.German@cityofcapecanaveral.org>
Subject: Re: 8801 Astronaut Blvd
brian
i agree with you regarding the 4 day solid waste removal requirement.
however this relates to solid waste. we are talking about vegetative
waste.
The city’s definition on solid waste is the following " Solid waste
means bulk trash, refuse, vegetative waste, and recyclable materials or
any combination thereof”
there are major conflicts with the way the city define this, just a few
examples:
a) this is not the way the state of florida defines solid waste
b) this is not the way the cocoa dump defines solid waste
c) solid waste and vegetative waste are contained and disposed
separately
another more surprising fact is i got a notice and violation from the
city on june 16th regarding the pile of vegetative waste. the
description of violation was section 34-96 (d) and 34-97 (a) , you are
citing me on 62-11 (d). i ultimately got a notice of compliance for the
june code violation.
with all that said my only question is it standard practice for the
city to claim 2 completely different code violation for the same matter?
i think you already know the answer.
as far as i am concerned i will continue to pile yard waste to a point
where it is cost effective to remove.
i request the city and its agents to stop harassing me regarding this
issue.
Thank You,
Mosh Gal
Phone (321)783-1848
Fax (321)799-1777
beachwavecb@gmail.com <mailto:beachwavecb@gmail.com>
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On Sep 21, 2016, at 3:31 PM, Brian Palmer
<B.Palmer@cityofcapecanaveral.org
<mailto:B.Palmer@cityofcapecanaveral.org> > wrote:
Mr. Gal,
Thank you for responding so quickly. I can understand how you
would like to make it as cost effective as possible, however my
supervisors asked me to contact you regarding the vegetative debris
because of the 4 day removal requirement in Chapter 62 of the City Code
of Ordinances.
Thank you for all your help in this matter.
Brian
Chapter 62 - SOLID WASTE
Sec. 62-11. - Unlawful acts.
(d) Unlawful accumulation. It shall be unlawful for the owner,
resident, occupant or manager or person responsible for any land or
premises to permit, suffer or allow, either by commission or omission,
any accumulation of solid waste upon premises or property within the
city for a period longer than four days without having arranged for
disposal of the accumulation by the collector to perform such services
and it shall be unlawful and a violation of this chapter for any person,
whether owner, resident, manager or occupant of any premises to fail to
provide a sufficient number of solid waste containers per unit as
provided in this chapter to amply provide for any four-day period of
solid waste accumulation. Nothing contained in this section shall
prevent the owner or occupant, resident, manager or person responsible
for the premises to remove accumulations of solid waste on their own
behalf, to a proper place of disposal.
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From: Oshri Gal [mailto:beachwavecb@gmail.com
<mailto:beachwavecb@gmail.com> ]
Sent: Wednesday, September 21, 2016 1:54 AM
To: Brian Palmer <B.Palmer@cityofcapecanaveral.org
<mailto:B.Palmer@cityofcapecanaveral.org> >; Kimberly Lawyer
<Kim@cfglawoffice.com <mailto:Kim@cfglawoffice.com> >; Todd Morley
<T.Morley@cityofcapecanaveral.org
<mailto:T.Morley@cityofcapecanaveral.org> >
Cc: Michael German <M.German@cityofcapecanaveral.org
<mailto:M.German@cityofcapecanaveral.org> >
Subject: Re: 8801 Astronaut Blvd
brian,
i plan on removing the pile of vegetation when the pile is large
enough for it to be cost effective to do so.
mosh
On Sep 20, 2016, at 10:11 PM, Brian Palmer
<B.Palmer@cityofcapecanaveral.org
<mailto:B.Palmer@cityofcapecanaveral.org> > wrote:
Mr. Gal,
Good afternoon, could you please have someone remove the
pile of vegetative debris which is located in the parking area of Jungle
Village.
Thank you,
Brian
<image007.png> <http://www.cityofcapecanaveral.org/>
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result, any written communication created or received by the City of
Cape Canaveral officials and employees will be made available to the
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in writing
Thank You,
Mosh Gal
Phone (321)783-1848
Fax (321)799-1777
beachwavecb@gmail.com <mailto:beachwavecb@gmail.com>
<image008.jpg>
This email and any files transmitted with it are confidential
and intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager. This message contains confidential information and
is intended only for the individual named. If you are not the named
addressee you should not disseminate, distribute or copy this e-mail.
Please notify the sender immediately by e-mail if you have received this
e-mail by mistake and delete this e-mail from your system. If you are
not the intended recipient you are notified that disclosing, copying,
distributing or taking any action in reliance on the contents of this
information is strictly prohibited.
Any views or opinions presented in this email are solely those
of the author and do not necessarily represent those of the company.
Employees of O. Wave Inc are expressly required not to make defamatory
statements and not to infringe or authorize any infringement of
copyright or any other legal right by email communications. Any such
communication is contrary to company policy and outside the scope of the
employment of the individual concerned. The company will not accept any
liability in respect of such communication, and the employee responsible
will be personally liable for any damages or other liability arising.
Florida has a very broad public records law. As a result, any
written communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any
written communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
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