HomeMy WebLinkAboutcocc_magistrate_hearing_agenda_packet_20200225 (2) CITY OF CAPE CANAVERAL
SPECIAL MAGISTRATE
CODE ENFORCEMENT MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
HEARING DOCKET
February 25, 2020 6:00 PM
Pursuant to Chapter 162, Florida Statutes, Chapter 2, Division 2 and/or Chapter 82, Article IX (IPMC)
of the City Code, and other applicable provisions of law, the Special Magistrate of the City of Cape
Canaveral will conduct quasi-judicial evidentiary proceedings regarding the code enforcement cases
listed below.
CALL TO ORDER
ADMINISTRATIVE BUSINESS:
1. Establish Next Meeting Date: March 24, 2020
2. Approval of Meeting Minutes: September 19, 2019
NEW CODE ENFORCEMENT CASES:
1. 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.
2. 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.
3. Case No. 2,0,1„9-415 - Violations of Section 34-96. (b), (d) Standards Established, City of
Cape Canaveral Code of Ordinances; Section 34-98. (4) Building appearance and
maintenance, City of Cape Canaveral Code of Ordinances; Section 34-121. Intent, City of
Cape Canaveral Code of Ordinances; Section 34-122. (a) Public nuisances prohibited, City
of Cape Canaveral Code of Ordinances;Section 334-181. (a), (b), (1), (2), (3)Storing, parking
or leaving on private property, City of Cape Canaveral Code of Ordinances. (380 Harbor
Dr.) Kizis, Frank; Kizis, Mary C, property owners.
COMPLIANCE(MASSEY HEARINGCODE ENFORCEMENT CASES:
None
APPEAL CASES - INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC :
None
City of Cape Canaveral
Special Magistrate
Hearing Docket
February 25, 2020
Page 2
OTHER SPECIAL MAGISTRATE RELATED BUSINESS:
None
ADJOURNMENT
Notice: The Special Magistrate shall conduct a quasi-judicial evidentiary proceeding related to
the aforementioned code enforcement cases. The proceedings are open to the public, but the
Special Magistrate reserves the right not to hear from non-interested parties because of the
evidentiary nature of the proceeding. Orderly conduct and proper decorum will be maintained
during the proceedings. The Special Magistrate may postpone, recess, reschedule or cancel any
or all of the cases listed on this docket. 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 Special
Magistrate 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.
City of Cape Canaveral
Community Development
.
RE: NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL, CASE No. 19-340
A Florida Municipal Corporation, DATE: 2/12/20
Complainant,
V.
Notary, Michael M Et Al.
Respondent(s)
Location of the Violation: 7090 N Atlantic Ave., Cape Canaveral FL 32920
A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on February 25, 2020 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 Special Magistrate 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 hereto 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. In addition, you have a
right to be represented by legal counsel at the hearing.
The Special Magistrate 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, and, in addition, may include all costs of repairs. However,
if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may
impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs
assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be
recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists
and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and
sale of said property and other personal or real property.
UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY,
INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO
THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED this 12 day of February, 2020.
Brian....��, _ _. ........
Palmer
Senior Code Enforcement Officer
321-868-1220 Ext. 115
Certified Mail: 7019 2280 0000 0198 3512
City of Cape Canaveral
Community Development
RE: AFFIDAVIT OF HAND-DELIVERY
I, Brian Palmer, Senior Code Enforcement Officer for the City of Cape Canaveral, hereby certify
that I have hand-delivered the following Notice:
Notice of Hearing dated 2/12/20 to Michael M. Notary Et Al;
at the following address:
7090 N. Atlantic Ave, Cape Canaveral. Florida 32920
On the 12th day of February, 2020.
and the required posting at City Hall, 105 Polk Avenue, Cape Canaveral, Florida,
32920.
y
Brian Palm _ ......_ f.._m
Jer, Senior Code Enforcement Officer
State of Florida
County of Brevard
On this 12th day of February, 2020, Brian Palmer, personally appeared, who is personally known to
me and did not take an oath.
.......... �►�ax�c.Humor+ �`
•_ �nrcor�+nsswNco2rnss
o� D�IRES:November 23,2022
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
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100 Polk Avenue•Post Office Box 326 • Cape Canaveral,FL 32920-0326
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Telephone(321) 868-1220 •Fax: (321) 868-1247
City of Cape Canaveral
Community Development
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NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2019-340
A Florida Municipal Corporation, Date: 6/19/2019
Complainant,
V.
Owners of the property located at:
7090 N Atlantic Ave., Cape Canaveral FL 32920
Parcel ID: 24-37-23-CG-65-1
Respondent(s):
Notary, Michael M Et Al.
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 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 maybe 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):
7090 N Atlantic Ave., Cape Canaveral FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Notary, Michael M Et Al.
690 Timquana Dr.
Merritt Island, FL 32953
THE
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Page 2
2019-340
On September 16, 2014 the City Council revised the City's Sign Code Ordinance to address
Nonconforming signs within the City. Section 94-121 of the Ordinance states that all signs or
outdoor displays which were lawfully erected, but do not conform to the Ordinance, will be
considered nonconforming signs. The intent is to phase out nonconforming signs as expeditiously
and fairly as possible. On December 2, 2015 you were sent a letter outlining the types of
nonconformities which were to be corrected by September 16, 2016. As of the date of this letter
no permits have been applied for or issued regarding converting your pole sign into a pylon sign.
Pole signs are no longer authorized in the city, your sign needs to either be replaced or converted
into a pylon sign. For the definition of a pylon sign please refer to Sec. 94-1 of the City Code of
Ordinances, which has been attached. All sign replacements and conversions require a permit.
Staff aslo observed during a site visit, a new sign face had been installed which requires a permit.
3. Description of Violation(s) at property: Section 94-121. (d)Nonconforming signs.
All signs or outdoor displays which are lawfully in existence or are lawfully erected and which
do not conform to the provisions of this chapter are declared nonconforming signs. It is the intent
of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the
prohibition of new signs that would violate the provisions of this chapter. No nonconforming
sign shall be changed, expanded or altered in any manner which would increase the degree of its
nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in
part to any other location where it would remain nonconforming.
(d) Pole signs—Termination by amortization: Any nonconforming pole sign existing on
September 16, 2014 and not terminated pursuant to any other provision of this section shall be
permanently removed or modified into a pylon sign by September 16, 2016,by the installation of
a non-corrosive decorative cover applied over and attached to the supporting pole(s) in
accordance with industry standards of material and workmanship, except,however,pole signs
located within the visibility triangle shall be permanently removed or relocated from the
visibility triangle by said date in compliance with this chapter.
4. Recommendation(s) to correct the violation(s) described above:
• Apply for and obtain a permit, and convert the existing non-conforming sign into a
conforming sign per the code.
• Appy for and obtain a permit for the new sign face.
Failure to comply within ten (10) 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
anavera 21) 868-1220.
Brian Palmer
Code Enforcement Officer
THE
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RE: NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL, CASE No. 19-343
A Florida Municipal Corporation, DATE: 2/12/20
Complainant,
V.
Boston Realty Corp
C/O Jim Morris R.A.
Respondent(s)
Location of the Violation: 7099 N Atlantic Ave Cape Canaveral FL 32920
A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on February 25, 2020 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 Special Magistrate 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 hereto 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. In addition, you have a
right to be represented by legal counsel at the hearing.
The Special Magistrate 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, and, in addition, may include all costs of repairs. However,
if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may
impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs
assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be
recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists
and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and
sale of said property and other personal or real property.
UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY,
INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO
THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED this 12 day of February, 2020.
Brian P......... m� _..... __-�..............�.
almer
Senior Code Enforcement Officer
321-868-1220 Ext. 115
Certified Mail: 7019 2280 0000 0198 3529
City of Cape Canaveral
Community Development
t
RE: AFFIDAVIT OF HAND-DELIVERY
I, Brian Palmer, Senior Code Enforcement Officer for the City of Cape Canaveral,hereby certify
that I have hand-delivered the following Notice:
Notice of Hearing dated 2/12/20 to Boston Realty Corp. C/O Jim Morris R.A.;
at the following address:
7099 N. Atlantic Ave, Cape Canaveral. Florida 32920
On the 12th day of February, 2020.
and the required posting at City Hall, 105 Polk Avenue, Cape Canaveral, Florida,
32920.
Brian Palmer, S....m.... .._____
enior Code Enforcement Officer
State of Florida
County of Brevard
On this 12th day of February, 2020, Brian Palmer, personally appeared, who is personally known to
me N°e ° no
..........
,, aArrtlCE C.HUFFMAN
MY CW tISgION 0 GG zmas
EXP ��
IRES
November 23,2022
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
100 Polk Avenue -Post Office Box 326 • Cape Canaveral,FL 32920-0326 SPACC
Telephone(321) 868-1220 • Fax: (321) 868-1247 BETWEEN'
City of Cape Canaveral
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NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO.2019-343
A Florida Municipal Corporation, Date: 6/19/2019
Complainant,
V.
Owners of the property located at:
7099 N Atlantic Ave Cape Canaveral FL 32920
Parcel ID: 24-37-23-JI-E.2
Respondent(s):
Boston Realty Corp
C/O Jim Morris R.A.
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 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):
7099 N Atlantic Ave Cape Canaveral FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
Boston Realty Corp
C/O Jim Morris
55 Westview Lane
Cocoa Beach, FL 32931
THE
SPAU
100 Polk Avenue• Post Office Box 326 • Cape Canaveral,FL 32920-0326 BETWEEN'
Telephone(321) 868-1220 • Fax: (321) 868-1247
`ANN w.C11v,��6����7 � c:aaNr��,� raa ..a��Pn. • email: b.p almer(u cileroi�apecaiw v ral.oru
Page 2
2019-343
On September 16, 2014 the City Council revised the City's Sign Code Ordinance to address
Nonconforming signs within the City. Section 94-121 of the Ordinance states that all signs or
outdoor displays which were lawfully erected, but do not conform to the Ordinance, will be
considered nonconforming signs. The intent is to phase out nonconforming signs as expeditiously
and fairly as possible. On December 2, 2015 you were sent a letter outlining the types of
nonconformities which were to be corrected by September 16, 2016. As of the date of this letter
no permits have been applied for or issued regarding converting your pole sign into a pylon sign.
Pole signs are no longer authorized in the city, your sign needs to either be replaced or converted
into a pylon sign. For the definition of a pylon sign please refer to Sec. 94-1 of the City Code of
Ordinances, which has been attached. All sign replacements and conversions require a permit.
3.Description of Violation(s) at property: Section 94-121. (d)Nonconforming signs.
All signs or outdoor displays which are lawfully in existence or are lawfully erected and which
do not conform to the provisions of this chapter are declared nonconforming signs. It is the intent
of this chapter to recognize that the eventual elimination of nonconforming signs as
expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the
prohibition of new signs that would violate the provisions of this chapter.No nonconforming
sign shall be changed, expanded or altered in any manner which would increase the degree of its
nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in
part to any other location where it would remain nonconforming.
(d)Pole signs—Termination by amortization: Any nonconforming pole sign existing on
September 16, 2014 and not terminated pursuant to any other provision of this section shall be
permanently removed or modified into a pylon sign by September 16, 2016,by the installation of
a non-corrosive decorative cover applied over and attached to the supporting pole(s)in
accordance with industry standards of material and workmanship, except, however,pole signs
located within the visibility triangle shall be permanently removed or relocated from the
visibility triangle by said date in compliance with this chapter.
4. Recommendation(s) to correct the violation(s) described above:
• Obtain a permit and convert the existing non-conforming sign into a conforming sign
per the code.
Failure to comply within ten (10) 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) 868-1220.
Brian Palmer
Code Enforcement Officer
THE
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City e Canaveral
Community Development
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RE: NOTICE OF HEARING
THE CITY OF CAPE CANAVERAL, CASE No. EN19-415
A Florida Municipal Corporation, DATE: 2/4/20
Complainant,
V.
Frank Kizis; Mary C Kizis
Respondent(s)
Location of the Violation: 380 Harbor Dr. Cape Canaveral, FL. 32920
A HEARING will be conducted before the City of Cape Canaveral Special Magistrate on February 25. 2020 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 Special Magistrate 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 hereto 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. In addition, you have a
right to be represented by legal counsel at the hearing.
The Special Magistrate 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, and, in addition, may include all costs of repairs. However,
if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may
impose a fine not to exceed $5,000 per violation. Please be advised that if a fine is imposed and/or repair costs
assessed by the Special Magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be
recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists
and upon any other real or personal property owned by the Respondent which can be satisfied by foreclosure and
sale of said property and other personal or real property.
UPON ISSUANCE OF A FINAL DECISION AND ORDER BY THE SPECIAL MAGISTRATE, AN AGGRIEVED PARTY,
INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL THE FINAL ORDER OF THE SPECIAL MAGISTRATE TO
THE CIRCUIT COURT AS PROVIDED BY FLORIDA LAW. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE SPECIAL MAGISTRATE'S HEARING IS MADE, WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED this 4th day of February, 2020.
s
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Chris Robinson, Code Enfo.................. m_._.
rcement Officer
321-868-1220 Ext. 116
Certified Mail:
Community Development
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RE: AFFIDAVIT OF POSTING
I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I
have posted the following Code Enforcement Notice:
Notice of Hearing dated 2/4/2020
at the following address:
380 Harbor Dr. Cape Canaveral, FL 32920
on this 4th day of February 2020 and the required posting at City Hall, 100 Polk Avenue, Cape
Canaveral1-,r-�'lorida, 3; q2
Chris Robinson,o Code Enforcement �
Officer
State of Florida
County of Brevard
On this 4th day of February, 2020, Chris Robinson, personally appeared, who is personally known to
me and did not take an oath.
KAREN M.HUTCHINSON
* . W COMMISSION#GG 949990
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P ' '
o`•' EXPIRES Jen �,2024
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,,::: IId�nINNotary P1! UDd6fW�..
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
.
100 Polk Avenue•Post Office Box 326 • Cape Canaveral,FL 32920-0326 A PACL
Telephone(321) 868-1220 •Fax: (321) 868-1247 BETWEEN'
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City of Cape Canaveral
Community Development
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NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO.EN19-415
A Florida Municipal Corporation, Date: 10/21/2019
Complainant,
V.
Owners of the property located at:
380 HARBOR DR CAPE CANAVERAL FL 32920
Parcel ID: 24-37-14-02-0-106
Respondent(s):
KIZIS, FRANK
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 required to be 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):
380 HARBOR DR CAPE CANAVERAL FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
KIZIS, FRANK
380 HARBOR DR
CAPE CANAVERAL, FL 32920
THE
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100 Polk Avenue - Post Office Box 326 -Cape Canaveral, FL 32920-0326 SPACE
Telephone(321) 868-1220 -Fax: (321) 868-1247 BETWEEN*
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Case No. 2019-415
Page 2
A recent inspection of the subject property and the permit database conducted by the City Code
Enforcement Officer revealed evidence that the property is in violation of City Code provisions. A
summary of the applicable City Code provisions and existing condition of the property is set forth
below.
Applicable Codes and Violation Comments:
Article III—Property Maintenance Standards
Section 34-96. - Standards established.
(b) The owner of every single-family or multiple-family dwelling, commercial or industrial property
or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in
any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe
condition. All parts thereof shall be maintained in good repair and shall be capable of performing the
function for which such structure or part of any feature thereof was designed or intended to be used.
(d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris,
objects, material or conditions which may create a health or fire hazard. Exterior property areas shall
be free of unsanitary conditions which constitute a blighting or deteriorating influence on the
neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute
a blighting or deteriorating effect in the neighborhood.
Section 34-98. -Building appearance and maintenance.
The following criteria, unless specifically limited, shall apply to all improvements within the city:
(4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of
mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be
rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved safe from fire hazards.
ARTICLE IV. -WEEDS AND DEAD VEGETATION
Section 34-121. -Intent.
The presence of weeds, brush and rank vegetation (excluding: shade trees, ornamental shrubs, fruit
trees, domesticated berry bushes and vines, cover crops, domesticated grains and plantings and
cultivated wild flowers) on all properties in city are a menace to the public safety, health and welfare
as they:
(1) Cause a fire hazard;
(2) Furnish cover for prowlers;
(3) Obstruct visibility as street intersections;
THE
100 Polk Avenue• Post Office Box 326 • Cape Canaveral, FL 32920-0326 SPACE
Telephone(321) 868-1220 •Fax: (321) 868-1247 BETWEEN'
Case No. 2019-415
Page 3
(4) Furnish a potential harborage or breeding place for disease-carrying insects, arthropods, animals
and poisonous snakes; and
(5) May adversely affect and impair the economic welfare of adjacent property.
Section 34-122. - Public nuisances prohibited.
(a) All grass areas and yards on improved property shall be properly maintained in a neat and
attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a
manner such that grass, weeds and other rank vegetation shall not exceed six inches in height.
VIOLATION: The exterior of the property is not being maintained consistent with established
property maintenance standards. The grass and weeds are overgrown and the soffiting above
the front door is falling down.
ARTICLE VI. -ABANDONED PROPERTY
Section 34-181. - Storing,parking or leaving on private property.
(a) No person shall park, store, leave or permit the storing or leaving of any abandoned property or
inoperable motor vehicle of any kind, whether attended or not, upon any private property within the
city; except that, with respect to an inoperable motor vehicle, such vehicle may be parked, stored or
left on the property for a period of time not to exceed 72 hours. The presence of such abandoned
property, and inoperable vehicles, or parts thereof, on private property is hereby declared a public
nuisance which may be abated in accordance with the provisions of this article.
(b) Required screening for inoperable or abandoned motor vehicles.
(1) Any inoperable motor vehicle parked or stored within a carport or in a building that is not fully
enclosed and which is visible from the right-of-way or other public or private property shall be
completely covered with an opaque covering made of either vinyl, nylon, chamois, or other similar
material that is resistant to weather and is commercially intended to be used as an outdoor protective
cover. Each cover shall display a solid and uniform, neutral or earth tone color and be securely
fastened to the inoperable motor vehicle at all times, except when such vehicle is being actively
repaired. Neutral or earth tone colors include white, brown, grey and black. All coverings must
provide sufficient screening so as to prevent ordinary viewing of any inoperable motor vehicle from
adjacent public and private property.
(2) Any motor vehicle parts that are dismantled or disassembled and waiting to be attached or
assembled to a motor vehicle may be stored temporarily in a carport or in a building that is not fully
enclosed, provided that such motor vehicle parts are necessary to perform active repairs on an
inoperable motor vehicle. Where an inoperable motor vehicle is not being actively repaired, storage
of motor vehicle parts is prohibited within a carport or in a building that is not fully enclosed and
which are visible from the right-of-way or other public or private property.
THE
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Case No. 1.0 19-41 J
Page 4
(3) For the purposes of this section, the term "active repairs" or "actively repaired" shall mean the
active and diligent repair of any inoperable motor vehicle by any person or persons. It shall be
presumed that a motor vehicle is not being actively repaired when no person is observed making any
repair or repairs.
VIOLATION: The property is not being maintained consistent with established property
maintenance standards. The truck has flat tires and in an inoperable state.
AREREQ m NDESCRIBED_.. rv„rv, V„ WITHIN
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1. The property owner shall mow and trim the overgrown property, repair the damaged soffits
and properly inflate the vehicles tires.
Please immediately contact Code Enforcement Officer, Chris Robinson, at 321-868-1220, Ext. 116
for any additional information you may need concerning this Notice of Violation.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Chris Robinson
City of Cape Canaveral
Code Enforcement Officer
Certified Mailing Numbers:
7017 2680 0000 6550 1262
THE
100 Polk Avenue •Post Office Box 326 • Cape Canaveral,FL 32920-0326 PA
Telephone(321) 868-1220 •Fax: (321) 868-1247 BETWEEN'
wxk,w.cilN,oli:at)ecanaN,eral.oi-,—,
City of Cape Canaveral
Community Development
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ry w.�¢
RE: AFFIDAVIT OF POSTING
I, Chris Robinson, Code Enforcement Officer for the City of Cape Canaveral, hereby certify that I
have posted the following Code Enforcement Notice:
Notice of Violation dated 10/21/2019
at the following address:
380 Harbor Dr. Cape Canaveral, FL 32920
on this 26th day of November 2019 and the required posting at City Hall, 100 Polk Avenue, Cape
Canaveral, Fsa, 3r
Chris Robinson, Cod
e Enforcement Officer
State of Florida
County of Brevard
On this 26th day of November, 2019, Chris Robinson, personally appeared, who is personally known
to me and did not take an oath.
1 F
GINGER WRIGHT
- Notary Public.State of Florida
Commission X GG 293406
My Comm.Expires Jan 22.2023
ded through National Notary Assn.
J,
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 Avenue• Post Office Box 326 • Cape Canaveral,FL 32920-0326 SIACE
Telephone(321) 868-1220 • Fax: (321) 868-1247 BETWEEN'