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Home My WebLink AboutCEB Agenda PKT 10-19-06 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE OCTOBER 19, 2006 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: December 21, 2006 NEW BUSINESS: 1. Approval of Meeting Minutes: August 17, 2006. COMPLIANCE HEARINGS: 1. Case No. 05-00101 - Violation of Section 94-11, Maintenance, Notice to Repair, of the Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.) - JWL, LLC, c/o Keith Bennett, RA. 2. Case No. 06-00030 - Violation of Section 104.1.1, and 105.4, Florida Building rnrlo _ Pormitc R. Incnof'tinnc' QOf'tinn O&L&:: D..nhihif.....r1 Qi,..,,.,..... ",,.,r1 Q....."fi",., ')') An '"'''"'''-'IV' I '-'Illln.v '-A IIIVp"'V..IVllv, '-'~Vl..lVII QV-V, I I VIIUJU~U UI~llv, CU IU VvvllVl1 L.L.--"V, Approval Prerequisite for Permits, of the City of Cape Canaveral Code of Ordinances, (8050 N. Atlantic Ave.) - Pravin & Jyostna Patel, Property Owner. 3. Case No. 06-00049 - Violation of Section 302, and 302.1, International Property Maintenance Code - Exterior Property Areas & Sanitation, of the Cape Canaveral Code of Ordinances, (342 Coral Dr.) - Anastas A. Baadjieff, Property Owner. PUBLIC HEARINGS: 1. Case No. 06-00056 - Violation of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (431 Monroe Ave.) - Coral Bay Developers, LLC, c/o Sidney Z. Brodie, RA. 2. Case No. 06-00058 - Violation of Section 80-26, Required; Section 80-3, Licenses and fees to be in addition to other taxes and charges; Section 70-71, Engaging in business without paying tax or making reports; Section 70-72, Evidence of engaging in business; Section 80-4, Compliance, of the City of Cape Canaveral Code of Ordinances, (8501 i~l.stronaut Blvd.) = Pantelis Markogiannakis, Property Ovmer. 3. Case No. 06-00068 - Violation of Section 108.1.1, 303.1, and 303.11, International Property Maintenance Code - Unsafe structures & Stairways, Decks, porches, and balconies, of the Cape Canaveral Code of Ordinances, (616 Monroe Ave.) - Lisa R & Marc Stuart & Sliberman, Property Owner. 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · ernail: ccapecanaveral@cfl.rr.com Code Enforcement Board Meeting Agenda October 19, 2006 Page 2 4. Case No. 06-00085 - Violation of Section 82-12, Unsafe building or systems; and Sections 108.1, 108.1.1, and 304.3, International Property Maintenance Code - Unsafe structures & Interior surfaces, of the Cape Canaveral Code of Ordinances, (7554 Magnolia Ave.) - Trste, LLC; clo Joseph E. Seagle, R.A. 5. Case No. 06-00096 - Violation of Section 70-69, License required; payment of tax prerequisite to issuance; Section 70-71, Engaging in business without paying tax or making reports; Section 80-4, Compliance; Section 80-26, Certificate of Public Convenience and Necessity, License; Section 110-551, Location of recreational vehicles, camping equipment, boats and boat trailers, of the Cape Canaveral Code of Ordinances, (176 Anchorage Ave.) - James R. & Mary L. Rao, Property Owner. 6. Case No. 06-00097 - Violation of Section 34-97, Duties and responsibilities for maintenance; Section 34-122, Public nuisances prohibited; Section 34- 126, Remedy by the City; Section 34-98(4), Building Appearance and Maintenance; Section 302, International Property Maintenance Code - Rodent Harborage, of the Cape Canaveral Code of Ordinances, (116 Tyler Ave.) - Bradley C. Clarke, Property Owner. 7. Case No. 06-00098 - Violation of Section 70-69, License required; payment of tax prerequisite to issuance; Section 70-71, Engaging in business without paying tax or making reports; Section 80-4, Compliance; Section 80-26, Certificate of Public Convenience and Necessity, License; Section 110-551, Location of recreational vehicles, camping equipment, boats and boat trailers, of the Cape Canaveral Code of Ordinances, (156 Anchorage Ave.) - James R. & Mary L. Rao, Property Owner. REPORTS: 1. Quarterly Report (July - September) Pursuant to Section 286.0105, F.S., 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 othervvise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of ,LI.,djustment, Planning & Zoning and! or Community Appearance Board '.vho mayor may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868- 1221, 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES AUGUST 17, 2006 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 17, 2006, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Charles Biederman James Hale Karen Hartley Craig Stewart Edward Ciecirski 1 8t Alternate Lynn Mars 2nd Alternate MEMBERS ABSENT Walter Godfrey Vice Chairperson Raymond Viens OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on September 21, 2006. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 20. 2006. Motion by Mr. Biederman, seconded by Mr. Hartley, to approve the meeting minutes of July 20, 2006, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes August 17, 2006 Page 2 COMPLIANCE HEARINGS: 1. Case No. 05-00101 - Violation of Section 94-11. Maintenance. Notice to Repair. of the Cape Canaveral Code of Ordinances. (6103 N. Atlantic Ave.) - JWL, LLC. clo Keith Bennett. RA. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the Case is in non-compliance of the Board Order. Officer Alexander stated that on July 25, 2006, a permit application was submitted requesting the renovations of the existing ground sign. Officer Alexander further stated that if the permit application is denied, based on the location, the applicant could appeal the decision to the Construction Board of Adjustment. Officer Alexander explained that the Construction Board of Adjustment's decision would be final. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of the Board Order and impose the fines previously established. Attorney Seth Chipman, representative for JWL, LLC, ask the Board to consider the circumstances surrounding this Case and not impose the fines. Mr. Chipman explained that the respondent is working to resolve the issues with the sign, however the sign can not be repaired beyond 50% of the value because of the nonconforming location of the sign, and there is no way to move the sign. Therefore, if the permit application for renovations is denied, the respondent will appeal to the Construction Board of Adjustment. Mr. Chipman stated that it would be more work for everybody involved to impose the fines at this time and have to request a satisfaction or reduction of lien at a later date. Discussion followed. Motion by Stewart, seconded by Mr. Hale, to postpone Case No. 05-000101 untii the October 19, 2006 meeting. Vote on the motion carried with a 6 to 1 majority vote, with Ed Ciecirski abstaining from the vote due to a potential conflict of interest. 2. Case No. 05-00123 - Violation of Section 104.1.1 , and 105.4. Florida Building Code - Permits & Inspections. of the City of Cape Canaveral Code of Ordinances. (405 Holman Rd.) - Sandra Butler. Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 06-00030 - Violation of Section 104.1.1. and 105.4. Floric:ia Buildino Code - Permits & Inspections: Section 96-6. Prohibited Signs: andnSection 22-40. Approval Prerequisite for Permits. of the City of Cape Canaveral Code of Ordinances. (8050 N. Atlantic Ave,) - Pravin & Jyostna Patel. Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent has erected a sign without the required permit, placed it in a prohibited location, and installed it without approval of the Community Appearance Board. Code Enforcement Board Meeting Minutes August 17, 2006 Page 3 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 104.1.1, and 105.4 Florida Building Code, Permits and Inspections; Section 96-6, Prohibited Signs; and Section 22-40, Approval Prerequisite for Permits, and be given until September 21, 2006 to come into compliance or be fined $100.00 for the first day and $75.00 for everyday thereafter. Mr. Patel testified that he would make an appointment to speak with Officer Alexander regarding the placement of the sign and permitting. Motion by Mr. Stewart, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation of Section 104.1.1, and 105.4 Florida Building Code, Permits and Inspections; Section 96-6, Prohibited Signs; and Section 22-40, Approval Prerequisite for Permits, and be given until October 19, 2006 to come into compliance or be fined $100.00 for the first day and $75.00 per day thereafter. Vote on the Motion carried unanimously. 2. Case No. 06-00048 - Violation of Section 30-30. Response to Alarm Activation. of the City of Cape Canaveral Code of Ordinances. (218 Jackson Ave.) - Thomas J. Mettee, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent failed to respond to an activated alarm within the required amount of time. Officer Alexander read a letter, Exhibit A, from the property owner stating that the alarm has been disconnected. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 30-30, Response to Alarm Activation, and be required to pay a fine in the amount of one hundred and fifty dollars ($150.00) within 15 days of receipt of the Board Order. Motion by Mr. Stewart, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in violation of Section 30-30, Response to Alarm Activation, and be fined one hundred and fifty dollars ($150.00) due no later than 15 days from the receipt of the Board Order. Vote on the motion carried unanimously. 3. Case No. 06-00049 - Violation of Section 302. and 302.1. International Property Maintenance Code, 1998 - Exterior Property Areas & Sanitation. of the Cape Canaveral Code of Ordinances, (342 Coral Dr.) - Anastas A. Baadiieff. Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent has been cited for the unsanitary condition of the swimming pool. Officer Alexander further stated that the respondent is deceased and the property is currently in probate. Officer Alexander read a letter, Exhibit B, from Attorney Minic!ier, which stated that the property is in probate; there are no funds available to correct the violation; and further requested an extension of 120 days. Code Enforcement Board Meeting Minutes August 17, 2006 Page 4 Officer Alexander respectfully requested that the Board find the respondent in violation and be given an extension of 60 days. Upon the expiration of the extension, the case shall be presented to the Board to evaluate the condition of the pool. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Hale, to find the respondent in violation and be given until September 21, 2006 to come into compliance. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:35 P.M. Approved on this day of ,2006. Mary Russell, Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral THE CITY OF CAPE CANAVERAL 2005-00101 A Florida Municipal Corporation, 10/10/2006 Complainant, v. Keith Bennett, R. A. Owner( s) of the property located at: 6103 N Atlantic Avenue, Cape Canaveral Respondent( s) Keith Bennett, R. A. NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of these date(s) October 10, 2006, described below has not been corrected pursuant to the entry of an Order by the Code Enforcement Board, dated April 24, 2006, requiring Respondent(s) to correct such violation(s) by May 1, 2006, as set forth in its Board Order by repairing the existing ground sign and/or replacing the existing ground sign to comply with applicable City of Cape Canaveral Code of Ordinances. On August 17,2006 the respondent or his/her representative appeared before the Code Enforcement Board and requested and extension until October 19, 2006 to come into compliance, which was granted by the Code Enforcement Board.The respondent has failed to take voluntary action to correct the violation(s) in the time period provided in the Code Enforcement Board Order/granted extension until October 19, 2006. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing before the Code Enforcement Board and requests a hearing on October 19, 2006. 1. Property where violation(s) exist(s): 6103 N Atlantic Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Keith Bennett, R. A. P.O. Box 159 Cocoa, F132923-0159 3. Description of violation(s) at Property: r2j94-11 Ma,a"-:e'Dir &,0.< eii!;l:~-r .' - ./ P"1./'./ ~ ' ,," ,-,<' ' ,- . ree A exan er '----~ ,___, '-- Code Enforcement Officer-- ----_ 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #05-00101 A Florida municipal corporation, Complainant, v. JWL, LLC clo Keith Bennett, RA. Owner of the Property located at: 6103 N. Atlantic Avenue Cape Canaveral, FL 32920 Legal: BANANA RIVER ESTATES PART OF LOTS 22 & 23 AS DES IN ORB 541 PG 912 PLAT BOOK 0010 PAGE 0001 Respondent I ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on April 20, 2006, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation or violations of Section(s) 94-11 Maintenance, Notice to repair, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violation( s); 2. The Respondent either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; that the Respondent vias provided notice of the hearing before the Code Enforcement Board and was not present at this hearing; 3. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: the ground sign is in need of repair or maintenance, pursuant to Section -162.07, Fiorida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 105 Polk Avenue " Post Office Box 326 " Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 " SUNCOM: 982-1222 " FAX: (321) 868-1247 www.myflorida.com/cape " email: ccapecanaveral@d1.rr.com Case #05-00101 4. That said violation continues to exist within the City of Cape Canaveral and that such constitutes a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until May 01, 2006, to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, a fine will be immediately entered upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred fifty dollars ($150.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence( s) of any violation( s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) islare found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on the Respondent(s) property, in accordance with Section 162.09, Fiorida Statutes, and City of Cape Canaveral Code, Chapter 2, Article V!. . ,IL "'I ," ~,t./-t'I'\- /1 . /, DONE AND ORDERED at Cape Canaveral, Florida, this,~day OfC('g-1~cf , 2006. , I g CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA '-!?, /I , ' if? .///1'/1 lV/Li.-/ ," ~ 11 . \.-.v",",' L-/~ .....L'" \; LV Mary Russe,l!, Chairperson i_/ Copies furnished to: JWL, LLC clo Keith Bennett RA, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral THE CITY OF CAPE CANAVERAL 2006-00030 A Florida Municipal Corporation, 10/10/2006 Complainant, v. Pravin & Jyostna HIW Patel Owner( s) of the property located at: 8050 N Atlantic Avenue, Cape Canaveral Respondent( s) Pravin & Jyostna HIW Patel NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of these date(s) October 10, 2006, described below has not been corrected pursuant to the entry of an Order by the Code Enforcement Board, dated August 22,2006, requiring Respondent(s) to correct such violation(s) by October 19,2006, as set forth in its Board Order by obtaining Community Appearance Board approval and the required permits and approved final inspections for the new sign to comply with applicable City of Cape Canaveral Code of Ordinances. The respondent has failed to take voluntary action to correct the violation(s) in the time period provided in the Code Enforcement Board Order. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing before the Code Enforcement Board and requests a hearing on October 19, 2006. 1. Property where violation(s) exist(s): 8050 N Atlantic Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Pravin & Jyostna HIW Patel 3465 Big Pine Melbourne FI 32934 3. .JJesGription of violation(s) at Property: /' Sec.J104.1 & 105.4FJorida BUild!!m-~de-Permits & Inspections / I J r"'" /1 /: C" ( U~~VLe#.:'t>~ ) .' e lexander' -.~..~~-_.. \. Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 wv,rw.myflorida.com/cape · emai[: ccapecanaveral@cfl.rr.com I City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #06-00030 A Florida municipal corporation, Complainant, v. Pravin & Jyostna Patel Owner of the Property located at: 8050 N. Atlantic Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOTS 1,2,3 & W y, OF LOT 4 BLK 13 PLAT BOOK 0003 PAGE 0007 Respondent I ORDER IMPOSING PENAL TV ON FIRST VIOLA TION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on August 17, 2006, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. FindinCls of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that violations of Section 104.1, and 105.4, Florida Building Code - Permits & Inspections; Section 96-6, Prohibited Signs; and Section 22-40, Approval Prerequisite for Permits, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violation(s); 2. The Respondent either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of the hearing before the Code Enforcement Board and was present at this hearing; 3. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: the approval of the Community Appearance Board shall be obtained; and a permit shall be obtained along with the required inspections, pursuant to Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com Case #06-00030 4. That said violation continues to exist within the City of Cape Canaveral and that such constitutes a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until September 21, 2006, to corfect any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, a fine will be immediately entered upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings befofe the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to corfect such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) islare found to exist. 5. The Code Enforcement Board hereby reserves the fight to take further necessary action against the Respondent(s) to enforce this Order and COfrect any violation(s) on the Respondent(s) property, in accordance with Section '162.09, Fiorida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. ~ '1~1 /J DONE AND ORDERED at Cape Canaveral, Florida, this 0<' ? ay of U~G( 0. ' ,2006. - () CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ~ /) .,~ / . /1 l~ ,/ / i. Ltt~," ^(.---L<--.1-A~/: Marv Russe11. Chairoerson . U' , Copies furnished to: Pravin & Jyostna Patel, Property Owner City of Cape Canaveral, Case File City of Cape Canaveral THE CITY OF CAPE CANAVERAL 2006-00049 A Florida Municipal Corporation, 10/10/2006 Complainant, v. Anastas A. Baadjieff Owner(s) of the property located at: 342 Coral Drive, Cape Canavera; Respondent( s) Anastas A. Baadjieff NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of these date(s) October 10, 2006, described below has not been corrected pursuant to the entry of an Order by the Code Enforcement Board, dated August 22,2006, requiring Respondent(s) to correct such violation(s) by September 21, 2006, as set forth in its Board Order by repairing the existing unsanitary conditions of the swimming pool to be cleaned and maintained to comply with applicable City of Cape Canaveral Code of Ordinances. The respondent has failed to take voluntary action to correct the violation(s) in the time period provided in the Code Enforcement Board Order. The undersigned Code Enforcement Officer is hereby initiating a cornpliance hearing before the Code Enforcement Board and requests a hearing on October 19, 2006. 1. Property where violation(s) exist(s): 342 Corai Drive, Cape Canavera; " Name and address of owner(s) of Property where vioiation(s) exist(s): i!.. Anastas A. Baadjieff 342 Coral Drive Cape Canaveral, FL 32920 ~criPtion of violation(s) at Property: /'- Se-. 82-221, "lntE;H;lational Property-Maintenance Code Adopted" / /' I ~"'/ f-,.-- ~ / ~~~~ v" .' , " ~_" >, , uree Alexander .p \ Code Enforcement Officer -''-.....~. C: Anastas A Baadjieff 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #06-00049 A Florida municipal corporation, Complainant, v. Anastas A. Baadjieff Owner of the Property located at: 342 Coral Drive Cape Canaveral, FL 32920 Legal: HARBOR HGTS 2ND ADDN SEC 14 1WN 24 RNG 37 LOT 48 PLAT BOOK 0015 PAGE 0080 Respondent, I ORDER ON FIRST VIOLATION{S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on August 17, 2006, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findinqs of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation of Section 302, and 302.1, International Property Maintenance Code - Exterior Property Areas & Sanitation, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violations; 2. The Respondent either failed or refused to correct such violations within the reasonable time period provided in the Notice of Violation; that the Respondents were provided notice of the hearing before the Code Enforcement Board and was present at this hearing; 3. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: unsanitary swimming pool condition shall be maintained, pursuant to Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com Case #06-00049 4. That said violation(s) existed within the City of Cape Canaveral and that such constitutes a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until September 21, 2006, to correct any violation of the City Code on the Property; and 2. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation( s) islare found to exist. 3. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. J, ""&;/ //) DONE AND ORDERED at Cape Canaveral, Florida, this 'd day of l/l(~A"' ,2006. - U CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 7J /) ~ I / n . // . /. "/1 ( ltvL~~ .K:.~C-<.l-fLe-€ / _. Mary Rus~l, Chairperson Copies furnished to: Anastas A. Baadjieff, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent (s) andlor Respondent's authorized counsel on this :22- day of A"50S\ , 2006. 6~4"" ~ /.....;r" /~?" --L~__ /".'- ........ >. . - r \. /1 Jm((hmh;:!rrli Rn::lrrl .~I">Nl">bnl / --J --.'.--'-'J ---.- -_'oJI-l.\,..oi,ll I \ ;' / "7 I ~ ) /1/fi ,U r ! \ /[Il.j:i --./ :LJ:72~1 <<-~ uree ,lI..lexander. Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00056 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: Coral Bay Developers, LLC Sidney Z. Brodie, R. A. Respondent( s) Coral Bay Developers, LLC Sidney Z. Brodie, R. A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 19th day of October, 2006 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) of Violation & Code Enforcement Board Order, attached as EXHIBIT "AU and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Articfe 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. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any vioiation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/Oi other personal or real property. AN AGGRIE\/ED PARTY, INCLUDING THE CITi 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. /\ D~EDlthis 10th day of October, 2006 (Ak(~-<Q~ \uuree Alexander { ---- Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION 7/25/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00056 A Florida municipal corporation, Complainant, v. Owner of the Property: Coral Bay Developers, LLC Sidney Z. Brodie, R. A. Respondent(s): Coral Bay Developers, LLC Sidney Z. Brodie, R. A. PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violations(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are herby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(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 violation(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 ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 431 Monroe Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Coral Bay Developers, LLC Sidney Z. Brodie, R. A. 7270 NW 12th Street, PH-1 Miami, FI 33126 105 Polk Avenue · Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 · FAX: (321) 868-1248 wwwmyflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at Property: BLDGCODE, Florida Building Code Chapter 104 Section 104.1.1 Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system or to cause any work to be done shall first make application to the building official and obtain the required permit for work Florida Building Code Chapter 105 Section 105.4, The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas mechanical or plumbing system upon completion. Sec. 102-38. Enforcement and penalties. (a) Enforcement. The city may enforce the provisions of this division by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in violations of this division shall be deemed irreparable or irreversible. Further, each day a violation continues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1 ) Failure to obtain a permit required by section 102-39 or section 102-40.5. Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. (2) Removal of a tree without a permit. Fine of $100.00 per diameter inch, not to exceed $5,000.00 per tree. (3) Removal of a specimen tree without a permit. Fine of $150.00 per diameter inch, not to exceed $5,000.00 per tree. Sec. 102-39. Permits. (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the building official. Sec. 102-43. Tree replacement guidelines. (a) Tree replacement All trees that are removed or destroyed and subject to replacement by this division shall be replaced by a desirable trees or such other trees properly approved by permit. (b) [Criteria.] Criteria for replacement trees are as foilows: (1 ) Characteristics of replacement trees. The replacement tree(s) shall have at least equal shade potential, screening properties, and/or other characteristics comparable to that of the tree(s) requested to be removed. (2) Size of replacement trees. Replacement tree(s) are to be made according to the tree replacement standards set forth in table 1 or as otherwise agreed upon by the city council and applicant. (3) Tree species. Relocated or replacement tfees shall include only species and sizes defined as desirable trees under this division. (4) Transplanting and maintenance requirements. All trees transplanted pursuant to this division shall be maintained in a healthy, living condition. Any such trees which die shall be feplaced and maintained by the property owner. Aftef acceptance of the trees and landscaping by the city, the city shall retain jUfisdiction for two year to enSUfe compliance with this division. For new development projects which require at least ten new trees, the city may require a performance bond in a form acceptable to the city' attorney, as a condition of site plan or other permit approval, in order to ensure compliance with this subsection. (6) Replacement guidelines. The following tree replacement guidelines shall apply: c. If the city council determines, due to site conditions or configuration, it is impossible or impracticable for the applicant/developer to meet the requirements for tree replacement, under this su bsection, the city council may allow the applicant/developer to pay into the city's "tree bank" the amount it would have spent on replacement trees. (c) Replacement cost. The property owner shall be responsible for the cost of replacing the trees removed from their property. On July 13, 2006, a complaint was filed with our office regarding trees being removed from your property without a permit. A site visit was conducted and revealed that (2) large Cabbage Palms were removed from the property one (14" and one 22" diameter tree). Sunstate Property Maintenance was informed that a permit was required. In addition, other violations were observed, AlC work; electrical work; plumbing work; and a new wall sign with no permits posted on the property. 4. Recommendation to correct the violation (s) described above: a. You must a permit for the tree removal and abide by the mitigation requirements of Chapter 102.- -- b. Obtain required permits for the work done without permits and the required approved final inspections. c. Obtain the required permit and approved inspections for the wall sign erected without a permit. d. Pay the appropriate fine as determined by the Code Enforcement Board for the tree removal. 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 Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer /)ity of Cape Canaveral. (~~ Duree Alexander Code Enforcement Officer C: B. T. Equity Holdings, LLC City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00058 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: Pantelis Markogiannakis Respondent( s) Pantelis Markogiannakis A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 19th day of October, 2006 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) of Violation & Code Enforcement Board Order, attached as EXHIBIT "An and shall make a determination as to whether such vioiation(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. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. 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. ~~1ED this 10th day of October, 2006 I )}, ~ .~. ,. ./ ~/ / "". I / J ~/ ( \ /. > ~./ ~./ - : - ) ( f0::(.{.>" . '^" -e:~~;C~'/h\ ,." / \ Duree Alexander I ~~ ~ Code Enforcement Officer '. 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.comicape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 7/25/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00058 A Florida municipal corporation, Complainant, v. Owner of the Property: Pantelis Markogiannakis Respondent( s): Pantelis Markogiannakis PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violations(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are herby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(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 vioiation{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 ENFORCEflflENT OFFiCER AND REQUEST AN iNSPECTION. 1. Property where violation(s) exist(s): 8501 Astronaut Blvd, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Pantelis. MarkogiClnnakis 52~5 Highway A1A MelbOl~rlle J3eR~h, Fl ~29~1 105 PolkAvenue · Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at Property: VEHICLPERM, ARTICLE II. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, LICENSE Sec. 80-26. Required. It shall be unlawful to operate, or cause to be operated, within the city any public vehicle until a certificate of public convenience and necessity and a license therefore have been issued to the owner thereof. Sec. 80-3. Licenses and fees to be in addition to other taxes and charges. All licenses and fees provided for and levied in this chapter are regulatory fees imposed to cover the cost of regulating the operations of public vehicles in the city. All licenses and fees shall be additional to the annual occupational license tax and any other taxes and charges levied by and payable to the city. As required by this chapter, all licenses shall be issued and fees paid on an annual basis. Each renewal fee shall become due one year from the date of initial issuance or most recent renewal. Sec. 70-71. Engaging in business without paying tax or making reports. It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, occupations or professions specifically enumerated in this article without paying the occupational license tax required by this article in the manner provided in this article or to fail to make any reports to the city treasurer as required or to violate any other section of this article. Sec. 70-72. Evidence of engaging in business. The advertisement of any business, profession or occupation, by sign, newspaper, magazine, flyers, yellow pages or any other means shall be conclusive evidence of the engaging in and carrying on in the city of the business, profession or occupation so advertised. Sec. 80-4. Compliance. The operation of public vehicles within the city shall be subject to the conditions, regulations and restrictions set forth in this chapter. It shall be unlawful to operate such a vehicle until and unless the conditions, regulations and restrictions set forth and prescribed by this chapter have been complied with by the owner of any activity regulated under this chapter. The following businesses are bring operating from you property without the required licenses: Paramount Taxi Services: M & H Taxi Service: Monlu USA Travel and Shipping Service. 4. Recommendation to correct the violation (s) described above: You must apply for and obtain the required Vehicle for Hire and Occupational Licenses for the businesses being conducted from the Oriental Grocery Store. 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 yoy h~ye ary g~e$tiqn~ r~~qrqill~ this Nqtic~ of qrQim~nc~fCode Violation Qr the recomm~nqation$ cQnt~in~d hf;:r~in do not h~sitate to contact the b~low signeq Coqe Fnforc~m~nt Officer at the City of Cape Canaveral. City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00068 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: Lisa R. & Marc Stuart & Sliberman Respondent( s) Lisa R. & Marc Stuart & Sliberman A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 19th day of October, 2006 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) of Violation & Code Enforcement Board Order, 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. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A F!NAL ADMINISTRL\TIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUT!ON 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. D~ this 10th day of pctober, 2006 / /1 /, /7{/// /) ( /2/1/ /(/-1__ r/.--~L0Y24<,-j ~ ,'Duree Alexander I Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cflrr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL, Case No: 2006-00068 A Florida municipal corporation, Complainant, v. Owner of the Property: Lisa R. & Marc Stuart & Sliberman Respondent( s): Lisa R. & Marc Stuart & Sliberman PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violations(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s} is/are herby notified that corrective action( s) to correct the violation( s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(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 vioiation(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 violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 616 Monroe Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Lisa R. & ~y~arc Stuart & SHberman 5224 Tipton Street San Diego, CA 92115 105 Polk Avenue . Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 Wlvw.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com 3. Description ofViolation(s) at Property: INTERNAT, Sec. 82-221. International Property Maintenance Code (IPMC) adopted. The International Property Maintenance Code, 1998 edition, as publiShed by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Chapter 108, Section 108.1.1, Unsafe structures; in part; An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect the occupants, because such structure is so damaged, decayed, dilapidated, structurally unsafe that part or complete collapse is possible. IPMC Chapter 303, Section 303.1; General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC Chapter 303, Section 11; Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. A site inspection by the building inspector and the code enforcement officer revealed the railings on the balcony were unsafe. The property was posted as unsafe on July 27, 2006. This area of the structure may not be used until such time as you have repaired or replaced the railings. Your are required to secure the sliding glass door, which open onto the balcony by placing (3) 2x4's as follows: one horizontally at 42" inches (measured from the floor), one at 22" inches and one at floor level. These 2x4's shall be mechanically fastened (screwed or nailed) to the wall at each side of the sliding glass door, to sufficiently prohibit access to the balcony. This must be completed within five working days of the receipt of this notice. 4. Recommendation to correct the violation (s) described above: You must obtain an approved building permit and all required approved inspections for repair or replacement of the railings. 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 Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer the~ity of Cape Canaveral. J .."" i .."! /{/~l / b~//i/~ './ . /LA~/L~iL.- / .Y Lex. Duree Alexander. ,. Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00085 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: TRSTE, LLC Joseph E. Seagle, R. A. Respondent( s) TRSTE, LLC Joseph E. Seagle, R. A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 19th day of October, 2006 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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( s) of Violation & Code Enforcement Board Order, 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 !egal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which c-an be satisfied by foreclosure and sale of said Property and/or other personal or real property. 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. MQ thi", 1 (Hh rI..... ..,4= rI...._.....__ ",...",.. 7' .. "_"" \.1 Ji.;;J I V 1..1 I yay VI V\..rlUUt:I, "VUO I~ ( d~,d/i- 47LtxQ Duree Alexander. ~ ----~ , Code Enforcement Officer 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 II FAX: (321) 868-1247 www.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 9/01/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00085 A Florida municipal corporation, Complainant, v. Owner of the Property: TRSTE, LLC C/O Joseph E. Seagle, R. A. Respondent(s): TRSTE, LLC C/O Joseph E. Seagle, R. A. PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violations(s) of the City of Cape Canaveral Code of Ordinances, as more specifically desCribed below. Respondent(s) is/are herby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation{s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(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 violation(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 ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 7554 Magnolia Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): TRSTE, LLC Joseph E. Seagle, R. A. 501 E South Street STE B Orlando, FL 32801 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at Property: UNSAFEBLD, Sec. 82-12. Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or other provisions of the City of Cape Canaveral Codes. Sec. 82-221. International Property Maintenance Code (IPMC) adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. IPMC, Section 108.1 General; When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provision of this code. I PMC 108.1.1, Unsafe structure; An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure, because such structure is so damaged, decayed, dilapidated, structurally unsafe, that partial or complete collapse is possible. IPMC, Section 304.3 Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. A complaint was filed and a site inspection revealed partial collapse of the interior ceiling in the bathroom of unit #2. The inspection revealed structural damage to the roof and the roof support system. Additionally, the following violations must be corrected prior to anyone occupying the unit; all mold must be removed; all damaged ceilings must be replaced/repaired; front door must be replaced; the hole in the living room wall must be repaired or another Ale unit installed. 4. Recommendation to correct the violation (s) described above: You must obtain a permit for the replacement/repair of the damaged roof to include obtaining all required approved inspections. 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 Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the..City of Cape Canaveral. / \ /\ .// ~\ /1 ~2// /i ~~~v;c;e:(Nk uree Alexander Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00096 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: James R. & Mary L. Rao, H/W Respondent( s) James R. & Mary L. Rao, H/W A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 19th day of October, 2006 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) of Violation & Code Enforcement Board Order, attached as EXHIBIT "A" and shall make a determination as to whether such vioiation(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. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty", if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. 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. DAiJ this 10th day of October, 2006 /1 A' ,I ___ / / / / ....--.. ~ J.(//C./ kZ/U #2A'~ D ee Alexander' --~ Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 v.rww.myHorida.com/cape · email: ccapecanaveral@cf1.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 9/27/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00096 A Florida municipal corporation, Complainant, v. Owner of the Property: James R. & Mary L. Rao, H/W Respondent( s): James R. & Mary L. Rao, H/W PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of vio!ations(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are herby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days from receipt of this notice. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(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 violation(s) has/have been corrected. IF THE VIOLAT!ON(S) !S/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIA TEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 176 Anchorage Avenue, Cape Canaveral 2. Name and address of owner(s} of Property where violation(s) exist(s): James R. & Mary L. Rao, HFW 2805 S Tropical Tr. Merritt Island Fl. 32952 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com!cape · emaiI: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at Property: VEHICLES, Chapter 80, 4; Compliance. The operation of public vehicles within the city shall be subject to the conditions, regulations and restrictions set forth in this chapter. It shall be unlawful to operate such a vehicle until and unless the conditions, regulations and restrictions set forth and prescribed by this chapter have been complied with by the owner of any activity regulated under Chapter 80, Section 26; Certificate of Public Convenience and Necessity, License It shall be unlawful to operate, or cause to be operated, within the City any public vehicle until a certificate of public convenience and necessity and a license therefore have been issued to the owner thereof. Sec. 110-551. Location of recreational vehicles, camping equipment, boats and boat trailers. h. No for-hire vehicle, commercially registered vehicle and no other manner of conveyance not contemplated herein shall be parked in any R-1, R-2 or R-3 zone, nor shall any boat, utility trailer, recreational vehicle or special purpose vehicle be parked in any R-1, R-2 or R-3 zone other than as provided herein. This section shall not be construed to prohibit parking of automobiles, pickup trucks and minivans. Chapter 70, Section 69; License required; payment of tax prerequisite to issuance. Each person who shall engage in, transact or manage or be the agent for any business or who shall perform or offer to perform services or sell good, advertise goods for sale or perform service or solicit or advertise the performance of services for any the businesses, professions or occupations mentioned in this article shall first procure a license from the city and shall, upon procuring the license and before the issuance of the license, pay the amount of tax required. Chapter 70 Section 71; Engaging in business without paying tax or making reports. It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, occupations or professions specifically enumerated in this article without paying the occupational license tax required by this article in the manner provided in this article or to fail to make any reports to the city treasurer as required or to violate any other section of this article. 4. Recommendation to correct the violation (s) described above: Cape Surf Cab Company, owned by John Wilkerson, is operating a taxi service from your property. This is not a permitted use in the R-3 Zoning District. This activity must cease immediately. If your tenant wishes to operate a taxi business within the City limits it must in a Commercial Zoning District and the required City Occupational License and Vehicle for Hire License must be obtained. 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 Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer jfity of Cape Canaveral. / } ..~ ;1 / } / l/}/ '/ ( ~i/Uttlt;; /~i':J1/{~/A / ..../ v . '_--1>' /L/{ C ':2:/ ~.(::A\... / '/----..-/ Duree Alexancler ( \ Code Enforcement Officer C: Bennett Boucher, City Manager City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00097 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: Bradley C. Clarke Respondent( s) Bradley C. Clarke A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 19th day of October, 2006 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) of Violation & Code Enforcement Board Order, 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, Articie 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. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, !NCLUDING 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. ~\this 10th day of October, 2006 J j fJ f/l ,---.." ;' // / , ( 6:z! ~~/' L ) . f JI/fL/." '. '.' /.f/( :t;f ~~_ ./"--- 'Duree Alexande ..' ~~. Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfLrr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 9/25/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00097 A Florida municipal corporation, Complainant, v. Owner of the Property: Bradley C. Clarke Respondent(s): Bradley C. Clarke PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violations(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are herby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within ten (10) days from receipt of this notice. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(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 piOvided 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 violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITH!N THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIA TEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 116 Tyler Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Bradley C. Clarke 116 Tyler Avenue Cape Canaveral, FI 32920 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@dl.rr.com 3. Description of Violation(s) at Property: GRASS, Sec. 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. Sec. 34-126. Remedy by the city. (a) Upon failure, neglect or refusal of any owner or agent notified as provided in this article to cut, destroy or remove weeds, grass, trash, rubbish or other matters as required under the notice provided in section 34-123, within ten days upon receipt of the notice, the city may, in addition to other penalties provided for in this Code, pay for the cutting, destroying or removing of such material or effect the removal by the city. (b) After causing the condition to be remedied, the building official shall certify to the city treasurer the expense incurred in remedying the condition and shall include a copy of the notice whereupon such expense shall become payable within 30 days. After the 30 days, a special assessment lien in charge will be made against the property, which shall be payable with interest at the rate of eight percent per annum from the date of such certification until paid. Sec. 34-98, (4); Building Appearance and Maintenance; (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. Sec. 82-221. International Property Maintenance Code (IMPC) adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. IPMC- Section 302; Rodent Harborage; All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminated rodent harborage and prevent re-infestation. Sec. 34-97. Duties and responsibilities for maintenance. (6) Source of infestation. 4. Recommendation to correct the violation (s) described above: Your property is over grown, please mow the property and remove all dead plant material. Please remove all trash and debris from the property. Your property is in need of exterior maintenance and painting. There have been complaints from the surrounding properties regarding rats coming from your units. Please take the appropriate measures to insure elimination of the rodents. 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 Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. /7 ~1' ~ /1 I 1 /-~A/ j{L~~ ( 6"Jr/tkexan . r \ Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00098 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: James R. & Mary L. Rao, H/W Respondent( s) James R. & Mary L. Rao, H/W A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 19th day of October, 2006 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 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(s) of Violation & Code Enforcement Board Order, attached as EXHIBIT "AU 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. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED P,.LI.,RTY, 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. ~ED this 10th day of October, 2006 /' d ~ j ; ///;/ -- fA! ~~' ~.) -I " V '"...' ;t f ( .:i. L/L.t..l vL~/""t>Z4.~. ....".:.. Duree Alexander -...:.-..-. . Code Enforcement Officer 105 Polk Avenue 0 Post Office Box 326 0 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 e SUNCOM: 982-1222 0 FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 9/27/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00098 A Florida municipal corporation, Complainant, v. Owner of the Property: James R. & Mary L. Rao, H/W Respondent(s): James R. & Mary L. Rao, H/W PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of vio!ations(s) of the City of Cape Canaveral Code of Ordinances, as more specificaliy described below. Respondent(s) is/are herby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days from receipt of this notice. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) fecur(s) even if the violation(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 violation(s) has/have been corrected. IF THE VIOLA TION(S) IS/ARE CORRECTED W!TH!N THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 156 Anchorage Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): James R. & Mary L. Rao, HtvV 2805 S Tropical Tr. Merritt Island FI. 32952 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description ofViolation(s) at Property: VEHICLES, Chapter 80, 4; Compliance. The operation of public vehicles within the city shall be subject to the conditions, regulations and restrictions set forth in this chapter. It shall be unlawful to operate such a vehicle until and unless the conditions, regulations and restrictions set forth and prescribed by this chapter have been complied with by the owner of any activity regulated under Chapter 80, Section 26; Certificate of Public Convenience and Necessity, License It shall be unlawful to operate, or cause to be operated, within the City any public vehicle until a certificate of public convenience and necessity and a license therefore have been issued to the owner thereof. Sec. 110-551. Location of recreational vehicles, camping equipment, boats and boat trailers. h. No for-hire vehicle, commercially registered vehicle and no other manner of conveyance not contemplated herein shall be parked in any R-1, R-2 or R-3 zone, nor shall any boat, utility trailer, recreational vehicle or special purpose vehicle be parked in any R-1, R-2 or R-3 zone other than as provided herein. This section shall not be construed to prohibit parking of automobiles, pickup trucks and minivans. Chapter 70, Section 69; License required; payment of tax prerequisite to issuance. Each person who shall engage in, transact or manage or be the agent for any business or who shall perform or offer to perform services or sell good, advertise goods for sale or perform service or solicit or advertise the performance of services for any the businesses, professions or occupations mentioned in this article shall first procure a license from the city and shall, upon procuring the license and before the issuance of the license, pay the amount of tax required. Chapter 70 Section 71; Engaging in business without paying tax or making reports. It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, occupations or professions specifically enumerated in this article without paying the occupational license tax required by this article in the manner provided in this article or to fail to make any reports to the city treasurer as required or to violate any other section of this article. 4. Recommendation to correct the violation (s) described above: Taxi Dave is operating a taxi service from your property. This is not a permitted use in the R-3 Zoning District. This activity must cease immediately. If your tenant wishes to operate a taxi business within the City limits it must in a Commercial Zoning District and the required City Occupational License and Vehicle for Hire License must be obtained. 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 Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer ~tfte,.fity of Cape Canaveral. /. j /\/7 -:7 /-- ( /l!~a'i[i:L \ Duree Alexander Code Enforcement Officer C: Bennett Boucher, City Manager