HomeMy WebLinkAboutcocc_t.morley_ltr_20191113 Charles W. Pindziak
112 E. Central Boulevard
Cape Canaveral, Florida 32920
November 13, 2019
Todd Morley, City Manager (Acting)
City of Cape Canaveral
100 Polk Avenue, P.O. Box 326
Cape Canaveral, Florida 32920
Dear Mr. Morley:
On November 7, 2019 I received the enclosed letter, Number 7019 0160 0000 1762 3337 by
certified mail regarding Case Number 2019-316. The envelope also included a letter
dated October 11, 2019 involving the same case.
The certified letter informed me of a Code Enforcement Board Meeting on November 21, 2019
at 6 P.M. . The previous letter in the envelope that I received on November 7, 2019
told me that I had 20 days to correct the code violation. From November 7, 2019 to
November 21, 2019, is only 14 days.
I have a previous committment which is out of town on November 21, 2019 and cannot be
present at the Code Meeting. Please look into this matter and make the necessary noti-
1 ficationsand reply back to me at the above address regarding my participation at the
November 21, 2019 Code Enforcement Meeting. Please inform me in advance of the meeting.
For your information this code violation was initiated by an anonymous complaint about
a missing piece of facia at my apartment complex at 283 E. Central Boulevard in the City.
This missing piece measured 6 inches by 12 feet and was only one piece of the 426 feet
of facia on this building. As I look about this property today I don't see any Code
violations regarding vegetation. A while ago my maintenance man was recovering from
an illness and there may have been some overgrowth of vegetation which was corrected.
As far as the facia is concerned I may need a new roof on the building and I am getting
opinions and estimates. If I need a new roof, I will have the roofers replace the piece
of facia. If the roof is adequate for a few more years, I will have another person re-
place the facia.
Very truly yours,
Charles W. Pindziak
COPY: Michael L. German, CFM, Building Official
Brian Palmer, Code Enforcement Officer
John Mayberry, Code Enforcement Officer
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EXHIBIT#4
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City of Cape Canaveral
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RE: NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL CASE No. 2019-316
A Florida Municipal Corporation, DATE: 11/7/2019
Complainant,
V.
Respondent(s):
Charles W Pindziak& Helen C Pindziak Llc
C/O Charles W. Pindziak R.A.
Location of the Violation:
283 E. Central Ave Cape Canaveral FL 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 21,2019 at 6:0C
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 Revised Notice of Violation attached as EXHIBIT "A" and shall make
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 FINA]
ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED B
THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AP
APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THl
BOARD'S HEARING IS MADE,WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEA]
IS TO BE BASED.
DATED this 7th day of November, 2019
4
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Brian Palmer 61 0 Z C 1110 N
Code Enforcement Officer
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Certified Mailing Numbers: 7019 0160 0000 1762 3337
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THE
. SPACE
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 BETWEEN'
Telephone(321) 868-1220 • Fax: (321) 868-1247
I . / City of Cape Canaveral
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REVISED NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 19-316
A Florida Municipal Corporation, Date: 10/11/2019
Complainant,
V.
Owners of the property located at:
283 E CENTRAL CAPE CANAVERAL, FL 32920
""' "" `" "Pa'rcel ID: 24-37-14-51-5-6
Respondent(s):
Charles W Pindziak &Helen C Pindziak Llc
PURSUANT to Section 82-221 of the Cape Canaveral Code of Ordinances, the undersigned Code
Enforcement Officer hereby gives notice of violation(s) of the International 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 performed 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: R E@EO7ED
Charles W Pindziak &Helen C Pindziak Llc
C/O Charles W. Pindziak Noy 2019
112 E. Central Blvd
Cape Canaveral FL 32920 By: •••••
THE
SPACE
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
GMTWFFN'
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: R EQEDWEv
Section 82-221, City Code NOV 13 019
Adoption of IPMC (2018 Edition) "'''
IPMC Chapter 1 Scope and Administration; Section 101 General
-`'` 7.2 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 restrain, 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
S C
100 Polk Avenue • Post Office Box 326 • Cape Canaveral,FL 32920-0326
Case No. 2019-316
Page 3 R Eg[ MMD
NOV 13 2019
By: t
VIOLATION: The exterior of the property is not being maintained co �l�t�.,t ..;}ll. C�taLI: I. d
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.
VIOLON=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 WITHIN
TWENTY(201 DAYS OF RECEIPT OF THIS NOTICE, AS FOLLOWS:
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 imnt+ediately contact Code Enforcement Officer, Brian Palmer, at 321-868-1220, Ext. 115 to
obtainuimportant additional information regarding the permits that you may be required to obtain
from,the City in order to remedy the Code violations or if you have any questions regarding this
Notice of Violation.
PURSUANT 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 SPEC^IAIAWAGISTRATE, 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 HAVE 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.
ENFORCEMENT OFFICER, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920.
THE
PA++/�,1(1(1 Pnik AvPnile . Pnct(WIPP Rnv 114 • �9r1P( ten , � RT 17(17!1 n1-)4I I
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 DATE, 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 REPAIRS 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 PROPERTY 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.
FURTHER, 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)
PPLEASE,GOVERN-YOURSELF ACCORDINGLY.
R E @N O V E M
Brian Palmer
City of Cape Canaveral NOV 1/3 2 9
Code Enforcement Officer -
Certified Mailing Numbers:
7019 0160 0000 1762 3252
THE
SPACE100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
City of Cape Canaveral
Code Enforcement Board
Meeting Minutes
September 19, 2019
Code Enforcement Officer Chris Robinson gave testimony, evidence and a presentation relating
to alleged code enforcement violations. Chris Robinson testified that some of the code sections
were still in violation at the time of the hearing.
Respondent testified that they plan to remove the non-compliant,non-permitted chain-link fence,
which will then bring them back into compliance with the violation stated in Case No 2018-246
per City Code.They went on to state that they had intentions of replacing the fence going forward,
and will ensure the new fence is permitted and compliant with City Code as stated above.
Board discussion ensued with Code Officer Robinson's recommendation to:
1. Give the respondent until October 16, 2019 to come into compliance by removing the
fence.
2. Should Respondent fail to correct the violations within the time period set forth, and if
the Subject Property remains in violation, a fine will be entered in the amount of One
Hundred Dollars and Zero Cents ($100.00) for the first day, then, Fifty Dollars and Zero
Cents ($50.00) each day thereafter until the violations come into compliance.
Motion by Mr. Godfrey to follow Code Officer's recommendation; Second by Mr. Hartley. Vote
on the motion carried unanimously.
2. Case No. 2018-274 — Violations of Section 94-121. (d) Non-conforming signs, City of Cape
Canaveral Code of Ordinances. (6850, 6870 & 6890 N. Atlantic Ave.) Yogi's Food &
Discount Beverage, Inc., Property Owner.
Code Enforcement Officer Brian Palmer gave testimony, evidence and a presentation relating to
alleged code enforcement violations. Brian Palmer testified that some of the code sections were
still in violation at the time of the hearing.
Respondent and Code Enforcement Officer Palmer had a discussion just prior to the start of the
meeting to discuss the below recommendations. Respondent then left the meeting.
Board discussion ensued with Code Officer Palmer's recommendation to:
1. Give Respondent until October 17, 2019 to come into compliance by submitting an
application for a sign permit.
2. Should Respondent fail to correct the violations within the time period set forth, and if
the Subject Property remains in violation, a fine will be entered in the amount of One
Hundred Dollars and Zero Cents ($100.00) for the first day, then, seventy-five Dollars
and Zero Cents ($75.00) each day thereafter until the violation comes into compliance.
City of Cape Canaveral
Code Enforcement Board
Meeting Minutes
September 19, 2019
NO ACTION:
City staff testified that Respondents are in compliance and that no further action was needed.
OLD BUSINESS: None
ADJOURNMENT:
Meeting adjourned at 7:25 p.m.
Approved on this p`I day of 71^-€41.,44", , 2019.
cAlsifitAAA
Code En cement Board Chairman
Lis; Day, oarretary