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HomeMy WebLinkAboutcocc_code_board_agenda_packet_20191121CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA November 21, 2019 6:00 PM CALL TO ORDER ROLL CALL NEW BUSINESS: 1. Establish Next Meeting Date: January 23 , 2020 2. Approval of Meeting Minutes: September 19, 2019 PUBLIC HEARINGS -NEW CASES : 1. Case No. 2019-316 -Violation of Section 302.4, Weeds , International Property Maintenance Code; Section 304 .7. Roofs and drainage, International Property Maintenance Code. (283 E . Central Ave) Charles W Pindziak & Helen C Pindziak LLC c/o Charles W. Pindziak, Registered Agent. 2. Case No. 2019-339 -Violation of Section 94-121 . (d) Nonconforming signs, City of Cape Canaveral Code of Ordinances. (5801 N . Atlantic Ave .) Hidden Harbor Owners ' Association, INC c/o Dragon Property Management LLC , Kathy Watts , Registered Agent. 3. Case No. 2019-340 -Violation of Section 94-121. (d) Nonconforming signs , City of Cape Canaveral Code of Ordinances. (7090 N Atlantic Ave.) Michael M Notary Et Al., Property Owner. 4. Case No. 2019-342 -Violation of Section 94-121. (d) Nonconforming signs, City of Cape Canaveral Code of Ordinances. (7900 N Atlantic Ave.) Silvana Barbieri, Property Owner. 5. Case No. 2019-343 -Violation of Section 94-121. (d) Nonconforming signs, City of Cape Canaveral Code of Ordinances. (7099 N Atlantic Ave.) Boston Realty Corp . c/o Jim Morris, Registered Agent. 6. Case No. 2019-403 -Violation of Section 34-98 . (3) Building Appearance and Maintenance, City of Cape Canaveral Code of Ordinances. (7620 N . Atlantic Ave .) Trees for Squirrels LLC . c/o Christine M. Storts, Property Owner. PUBLIC HEARINGS -COMPLIANCE CASES: None OLD BUSINESS: None City of Cape Canaveral Code Enforcement Board Agenda November 21, 2019 Page2 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. RE: NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent( s): City of Cape Canaveral Con11nunity Developn1ent Charles W Pindziak & Helen C Pindziak Lie C/0 Charles W. Pindziak R.A. Location of the Violation: 283 E. Central Ave Cape Canaveral FL 32920 CASE No. 2019-316 DATE: 11/7/2019 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 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, J 00 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 Revi sed Notice of Violation attached as EXHIBIT "A" and shall make a detennination 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 d efense at the hearing. Since the proceedings of th e Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. 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 TED this 7th day of November, 2019 Brian Palmer Code Enforcement Officer Certified Mailing Numbers: 7019 0160 0000 1762 3337 100 Polk Avenue• Post Office Box 326 • Cape Canaveral , FL 32920 -0326 Telephone (321) 868 -1220 • Fax: (32 1) 868-1?47 THE SPACE BETWEEW City of Cape Canaveral Con1n1unity Developn1ent RE: AFFIDAVIT OF POSTING I, Brian Palmer, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice: Notice of Hearing dated 11 /7/2019 at the following address: 283 E. Central Avenue Cape Canaveral , FL 32920 on this 7th day of October 2019 and the required posting at City H all, 100 Polk A venue, Cape Canaveral , Florida, 32920. 7+---1 \?o -- Brian Palmer, Code Enforcement Officer State of Fl orida County of Brev ard On this 12th day of October, 2 019 , Brian Palmer, personally appeared, who is personally known to me and did not take an oath. Notary Public Florida Statute 162.12(2), (b ), (2) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. THE J 00 Polk A venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SP4CE T Pl P nhl"\t'\P /"J.')1 \ Ot:.O 1 ""'1 ""){) -T"--·· /"')"' 1 '\ n ,n ., ""A,., City of Cape Canaveral Con1111unity Developn1ent REVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 283 E CENTRAL CAPE CANAVERAL, FL 32920 Parcel ID: 24-37-14-51-5-6 Respondent(s): Charles W Pindziak & Helen C Pindziak Llc CASE NO. 19-316 Date: 10/11 /2019 PURSUANT to Section 82-221 of the Cape Canaveral Code of Ordinances, the undersigned Co de Enforcement Officer hereby gives notice of violation(s) of the Intemational Property Maintenance Code, 2018 Edition ("IPMC"), adopted by 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 required to be perform~d within twenty (20) days of receipt of this notice. PLEASE BE ADVISED: It shall be unlawful for any person, corporation, or other entity to be in violation of any provision of the IPMC. Violations shall constitute a public nuisance and shall be deemed a strict liability offense . Your rights to appeal and applicable penalties are described at the end of this Notice. If the violation(s) is/are corrected within the time period required, the respondent(s) must immediately notify the Code Enforcement Officer stated below and request an inspection to verify compliance. The City may also conduct a re-inspection of the property to determine compliance with this notice. 1. Property where violation(s) exit(s): 283 E CENTRAL CAPE CANAVERAL, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Charles W Pindziak & Helen C Pindziak Llc C /0 Charles W. Pindziak 112 E. Central Blvd Cape Canaveral FL 32920 100 Polk A venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 T o l o-1"'-..-..o /'l....,1\ OCO 1""'"l/'\. r __ l'"'\r'\"1 "\ n ,rn """"" •- THE SPACE DC'TUJCCU * Case No. 2019-316 Page 2 A reinspection of the subject property conducted by the City Code Enforcement Officer after the intitial Notice of Violation dated July 17 , 2019, revealed the property is in violation of several City Code provisions. A summary of the applicable City Code provisions and existing condition of the exterior of the property is set forth below. Applicable Codes and Violation Comments: Section 82-221, City Code Adoption ofIPMC (2018 Edition) IPMC Chapter 1 Scope and Administration; Section 101 General 1 O 1.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner 's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. IPMC Section 106 Violations 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to re strain , correct or abate a violation , or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises . IPMC Section 202 General Definitions EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. IPMC Section 302 Exterior Property Areas 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 6". Noxious weeds shall be prohibited . Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. THE 10 0 Polk A venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACE -r-..-1•1r-r••• "T" ,....1 ,__ "L .... _ -. / "') "\ 1 '\ n r n , """"'"' .,.. , -.-~ .. --., -~ -· - Case No. 2019-316 Page 3 VIOLATION: The exterior of the property is not being maintained consistent with established property maintenance standards. The property contains weeds along the exterior of the buildings and throughout the parking areas. IPMC Section 304 Exterior Structure 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain . Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. VIOLATION: The exterior of the property is not being maintained consistent with established property maintenance standards. A portion of the roof flashing, fascia and soffits are missing. YOU ARE REQUIRED TO CORRECT THE VIOLATIONS DESCRIBED ABOVE "'ITHIN T,VENTY {20) DAYS OF RECEIPT OF THIS NOTICE, AS FOLL0\~1S: 1. The property owner shall properly replace and/or repair any missing or damaged roofing materieals in accordance with the property maintenance standards set forth in Section 308.1 2 . The property owner shall properly mow and clip the lawn (weeds and grass) and vegetation, and remove and dispose of the same and any noxious weeds off of the subject property, in accordance with the property maintenance standards set forth in Section 304. 7. Please immediately contact Code Enforcement Officer, Brian Palmer, at 321-868-1220, Ext. 115 to obtain important additional information regarding the permits that you may be requ ired to obtain from the Ci t y in order to remedy the Code v iolations or if yo u have any questions regarding this Notice of Violation . P URSUANT TO SECTIONS 82-221 AND SECTION 111 OF THE IPMC ("CODE"), YOU HAVE A RIGHT TO APPEAL THIS NOTICE AND ORDER TO THE CODE ENFORCEMENT BOARD OR SPECIAL MAGISTRATE, AS APPLICABLE, PROVIDED THAT A WRITTEN APPLICATION FOR APPEAL IS FILED WITHIN 20 DAYS AFTER THE DATE THIS NOTICE AND ORDER WAS SERVED ON YOU; OTHERWISE, THE RIGHT TO AN APPEAL HEARING IS WAIVED. AN APPLICATION FOR APPEAL SHALL BE BASED ON A CLAIM THAT THE TRUE INTENT OF THIS CODE OR THE RULES LEGALLY ADOPTED THEREUNDER HA VE BEEN INCORRECTLY INTERPRETED, THE PROVISIONS OF THE CODE DO NOT FULLY APPLY, OR THE REQUIREMENTS OF THE CODE ARE SATISFIED BY OTHER MEANS. AN APPLICATION FOR APPEAL SHALL BE FILED WITH BRIAN PALMER, CODE ENFORCEMEN T OFFICER, 100 POLK A VENUE, CAPE CANAVERAL, FLORIDA 32920. 100 Polk A venue • Post Office Box 3 26 • Cape Canaveral, FL 32920-0326 T P l Pnh nnP. (1? 1) Ri;SL 1 ')')fl • J:',..v · /1') 1, Ot:O 1 "l/1'7 THE SPACE BETWEEN " Case No. 2019-316 Page 4 IF AN APPEAL IS FILED, AN APPEAL HEARING WILL BE PUBLICLY NOTICED AND HELD WITHIN THIRTY (30) DAYS OF FILING AN APPEAL OR AT SUCH OTHER TIME REQUIRED BY THE CITY MANAGER. WRITTEN NOTICE OF THE DA TE, TIME AND LOCATION OF THE APPEAL HEARING WILL BE PROVIDED TO YOU. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATIONS STATED ABOVE WITHIN THE TIME PRESCRIBED HEREIN, SECTION 109.5 OF THE IPMC PROVIDES THAT THE CITY MANAGER IS AUTHORIZED TO EXPEND FUNDS IN THE PERFORMANCE OF EMERGENCY REP AIRS AND OTHER REMEDIAL WORK REQUIRED OF THE CITY UNDER THIS CODE. IF EMERGENCY REPAIRS OR OTHER REMEDIAL WORK IS PERFORMED BY THE CITY, ANY EXPENSES INCURRED BY THE CITY TO MAKE SAID REPAIRS OR PERFORM SUCH WORK INCLUDING, BUT NOT LIMITED TO, CONTRACTOR AND MATERIAL COSTS, ADMINISTRATIVE OVERHEAD, ATTORNEY'S FEES, AND OTHER RELATED COSTS SHALL BE SUBJECT TO REIMBURSEMENT FROM THE PROPERTY OWNER OR THE PERSON CREATING THE NEED FOR THE EMERGENCY REPAIR OR REMEDIAL WORK AND THE COST INCURRED BY THE CITY MAY BE RECOVERED AND THE CITY MAY IMPOSE A LIEN UPON SAID PROPER TY FOR SAID COSTS. THE LIEN SHALL BE SUPERIOR TO ALL OTHER LIENS OR ENCUMBRANCES, INCLUDING PRIOR RECORDED MORTGAGES OR JUDGMENTS AND ONLY INFERIOR TO LIENS FOR TAXES . IN THE EVENT THE OWNER OR PERSON CREATING THE NEED FOR EMERGENCY REPAIRS , FAILS AND REFUSES TO PAY OR REIMBURSE THE CITY FOR THE COSTS, THEN IN THAT EVENT, THE CITY IS AUTHORIZED TO FORECLOSE SAID LIEN IN ACCORDANCE WITH THE PROVISIONS AS PROVIDED FOR BY LAW FOR FORECLOSURE OF MUNICIPAL LIENS, AND THE CITY MAY RECOVER ITS REASONABLE ATTORNEY=S FEES AND COSTS. FURT HER, IF THE PROPERTY OWNER FAILS TO CORRECT THE VIOLATIONS DESCRIBED ABOVE, THE CITY RESERVES THE RIGHT TO TAKE ADDITIONAL LEGAL ACTION AGAINST YOU TO OBTAIN COMPLIANCE, INCLUDING BUT NOT LIMITED TO AN INJUNCTION (OR OTHER EQUITABLE RELIEF), AND THE IMPOSITION OF FEES AND/OR FINES (IF APPLICABLE) PLEASE GOVERN YOURSELF ACCORDINGLY. ~,b ~Q-9__ Brian Palmer City of Cape Canaveral Code Enforcement Officer Certified Mailing Numbers: 7019 0160 0000 1762 3252 1 00 Polk A venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 TP.l P.nhnn P n?n su;sLl')')/) • ~'>V' /1 ')1'\ Qt;Q 1'1A"7 THE SPACE BETWEEN' City of Cape Canaveral Con1n1unity Developn1cnt RE : AFFIDAVIT OF POSTING I, Brian Palmer, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I have posted the following Code Enforcement Notice : Notice of Violation dated 10/11 /2019 at the following address: 283 E. Central Avenue Cape Canaveral , FL 32920 on this 16th day of October 2019 and the required posting at City Hall, 100 Polk A venue, Cape Canaveral, Florida, 32920. Brian Palmer, Code Enforcement Officer State of Florida County of Brevard On this 16th day of October, 2019, Brian Palmer, personally appeared, who is personally known to me and did not take an oath. ,···:.:~v ,(i~ GINGER WRIGITT }'~ .\ Notary Publfc · St•te of Florida \'.;~i Commission# GG 293406 'l~f..f.'i .. / My Comm . Expires Jan 22, 2023 Bonded throullh National Notary Assn . Florida Statute 162.12(2), (b ), (2) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. THE 100 Polk A venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Teleohone (321) 868-1220 • Fax : n2 n R6R -1 ?L17 SPACE BETWEEN' RE: NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation , Complainant, V. Respondent( s ): City of Cape Canaveral Conununity DeveJopn1ent Hidden Harbor Owners ' Association, INC C/0 Dragon Property Management LLC, Kathy Watts R .A . Location of the Violation: 5801 N. Atlantic Ave, Cape Canaveral FL 32920 CASE No. 2019-339 DATE : 11 /7/20 19 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 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 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. 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 7th day of November, 2019 ~?.o Brian Palmer Code Enforcement Officer Certified Mailing Numbers: 7019 0160 0000 1762 3368 100 Polk A venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone(321) 868-1220 • Fax: (321) 868-12 47 THE SP4CE BETWEEN· 11/18/2019 USPS.corn®-USPS Tracking® Results USPS Tracking® (Vof/ FAQs) Track Another Package + Tracking Number: 70190160000017623351 Remove X Your item was delivered to an individual at the address at 12:42 pm on November 14, 2019 in MERRITT ISLAND, FL 32953. &Delivered November 14, 2019 at 12:42 pm Delivered, Left with Individual MERRITI ISLAND, FL 32953 Get Updates V Text & Email Updates Tracking History November 14, 2019, 12:42 pm Delivered, Left with Individual MERRITT ISLAND, FL 32953 r9 LJ1 rn fTl U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only t,;y; Merritt Island, FL 32953 ;Vo /.-l l't-3]q PS Form 3800, April 2015 PSN 7530·02-000-9047 See Reverse for Instructions Your item was delivered to an individual at the address at 12:42 pm on November 14, 2019 in MERRIIT ISLAND, FL 32953. November 9, 2019 In Transit to Next Facility November 9, 2019, 12:53 pm Delivery Attempted -No Access to Delivery Location https ://tools.usps.corn/go/TrackConfirrnAction?qtc _ lLabels 1=70190160000017623351 1/2 City of Cape Canaveral Conununity Developn1ent NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 5801 N. Atlantic Ave, Cape Canaveral FL 32920 Parcel ID: 24-37-26-CH-*-BA.XA Respondent(s): Hidden Harbor Owners ' Association, INC C/0 Dragon Property Management LLC, Kathy Watts R.A. CASE NO . 2019-339 Date: 6/19/2019 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 fo r 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): 5801 N. Atlantic Ave, Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Hidden Harbor Owners' Association, INC C/0 Dragon Property Management LLC, Kathy Watts R.A. 1603 Gable Court Merritt Island, FL 32953 J 00 Polk A venue • Post Office Box 326 • Cape Canaveral , FL 32920-0326 Telephone (321) 868 -1220 • Fax: (3 2 1) 86 8-1247 THE SPACE BETWEEN'