HomeMy WebLinkAboutCE Case No. 2017-227
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2017-227 A Florida Municipal Corporation, Date: 07/18/2018 Complainant, V.
Owners of the property located at: 116 Jefferson Ave. Cape Canaveral FL. 32920 PARCEL ID: 24-37-23-17-00000.0-0005.00
Respondent(s): Hersom, Brian R 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 five (5) 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): 116 Jefferson Ave. Cape Canaveral FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Hersom, Brian R 4825 N Banana River Blvd Cocoa Beach FL 32931
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: c.robinson@cityofcapecanaveral.org
Page 2 2017-227 On May 9, 2018 during a routine patrol of the city, staff observed contractors at this address. Further
inspection found tile being laid in the downstairs area and kitchen. Staff also observed the down stairs
area had been gutted and new drywall was installed and no kitchen cabinets or appliances were seen. It also appeared new lights had been installed in the ceiling as well. A door hanger was left to contact staff about the work. On June 12 a report was received that contractors were on the property to install windows and doors. A site visit found contractors on site that were there about painting the newly dry
walled interior. I left my card on the front door to be contacted. On July 13 staff received another
complaint that unpermitted work is being done at this address. Since no contact was ever made on previous visits a stop work order was posted on the property. A total of three stop work orders were posted and each time they were removed and stuck on the for sale sign across the street.
Description of Violation(s) at property:
(F.L.B.C.) [A] 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or
change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove,
convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
(F.L.B.C.) [A] 110.1 General.
Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of
the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give
authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(F.L.B.C) 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email: c.robinson@cityofcapecanaveral.org
Page 3 2017-227 Recommendation(s) to correct the violation(s) described above: • Apply for and obtain applicable permit(s) and have inspection(s) completed.
• Pay contractor citation #0138 for work without a permit. Sec. 82-31. - Florida Building Code adopted.
The Florida Building Code 2010 edition, as may be amended from time to time, as published by the
Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. ( F.L.B.C.) 115.1 Authority.
Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order.
Failure to comply within five (5) 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.
Chris Robinson
Code Enforcement Officer