HomeMy WebLinkAboutRevised NOV 13-110
City of Cape Canaveral
Community & Economic Development Department
REVISED NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2013-00110
A Florida Municipal Corporation, Date: 12/18/2013
Complainant,
V.
Owners of the property located at:
8801 ASTRONAUT BLVD UNIT 104, CAPE CANAVERAL 32920
Respondent(s):
XTREME FUN LLC
C/O L GEORGE LEONARD, CPA, PA, REGISTERED AGENT
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 fifteen (15) 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):
8801 ASTRONAUT BLVD UNIT 104, CAPE CANAVERAL 32920
2. Name and address of owner(s) of property where violation(s) exist:
XTREME FUN LLC
C/O L GEORGE LEONARD, CPA, PA,
REGISTERED AGENT
1485 N ATLANTIC AVE. STE. 102
COCOA BEACH, FL 32931
7510 N Atlantic Avenue ~ P.O. Box 326 ~ Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 ~ Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
Page 2
2013-00110
Our office received a complaint regarding the signage in the windows of your building and
possible spill-over lighting violation. A site visit revealed more than 25 percent of the window
glass area for each side of the building was covered. We also observed the sales transaction
area was obstructed from view from the outside and the total square footage of the window
signs located above ten feet from grade, when added to the total existing signage for the
building or unit thereof, is causing the total signage copy area for the building to exceed the
maximum total signage copy area allowed. The Building Official, Glenn Pereno, conducted a
review for spill-over lighting in accordance with City Code of Ordinances, Chapter 34, Section 34-
209 (CCO) at 8801 Astronaut Boulevard, dba; Beach Wave Complex. During this test for spill-over
lighting, it was determined that a violation exists at three locations; Northeast sector, Southeast sector,
and mid-East sector.
3. Description of Violation(s) at property: Sec. 34-209. Spillover lighting standards
established
Area floodlighting fixtures or other materials installed or provided within the corporate limits
of the city, unless excepted elsewhere, shall be installed in or equipped so that the light source
does not transmit excessive spillover beyond the boundaries of the property on which the
lighting source is located.
Sec. 94-4. (6) Exemptions.
(6) Window signs that do not exceed 25 percent of the total window glass area for each side of
the building or unit thereof and are placed in the upper or lower half of the window glass area.
In addition, the total square footage of the window signs located above ten feet from grade,
when added to the total existing signage for the building or unit thereof, does not cause the
total signage copy area for the building or unit thereof to exceed the maximum total signage
copy area allowed for the particular building or unit thereof. Further, all sales transaction areas,
as well as any other areas that may be deemed as necessary for viewing for safety purposes by
a law enforcement agency, shall not be obstructed from view from the outside of the building
by a window sign.
Sec. 94-6.(h) - Prohibited signs and features.
(h) Window signs. Window signs that do not comply with sec. 94-4
7510 N Atlantic Avenue ~ P.O. Box 326 ~ Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 ~ Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
Page 2
2013-00110
4. Recommendation(s) to correct the violation(s) described above:
Remove spill-over lighting in all areas in violation
Remove all signs above ten feet from grade
Remove all signs which are obstructing the view of the transaction area from the
outside.
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) 868-1222.
Brian Palmer
Code Enforcement Officer
7510 N Atlantic Avenue ~ P.O. Box 326 ~ Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 ~ Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org