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Home My WebLink AboutCEB AGENDA PKT 01-18-07 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JANUARY 18, 2007 7:00 P.M. Call to Order RollCall Establish Next Meeting Date: February 22, 2007 NEW BUSINESS: 1. Approval of Meeting Minutes: November 30,2006. 2. Elections for the Chairperson and Vice Chairperson. COMPLIANCE HEARINGS: 1. Case No. 06-00065 - Violation of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (8305 Rosalind Ave.) -Ish K. Aneja, Property Owner. (In compliance) PUBLIC HEARINGS: A Case No. 06-00084 - Violation of Section 110-551, Location or recreational i. vehicles, camping equipment, boats and boat traiiers, of the Cape Canaveral Code of Ordinances, (310 W. Central Blvd.) - Gilbert L. Patton, Jr., R.A. 2. Case No. 06-00093 - 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 70-72, Evidence of engaging in business; and Section 110-293 (1)(4), Accessory uses and structures, of the Cape Canaveral Code of Ordinances, (215 Jefferson Ave.) - James M. & Jennifer E. Wegenka, Property Owners. 3. Case No. 06-00124 - Violation of Section 94-6, Prohibited signs and features; and Section 94-7, Conformance, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) - Supra Color Enterprises, Inc., c/o Kurt Tezel, R.A. 105 Polk Avenue e Post Office Box 326 e 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 Code Enforcement Board Meeting Agenda January 18, 2007 Page 2 REPORTS: 1. Quarterly Report (October - December) 2. 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, R.A. (Lien filed 12/4/06) 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 otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and I or Community Appearance Board who mayor may not participate in Board discussions held at this public meeting. Persons with disabilities needing speciai 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 NOVEMBER 30, 2006 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on November 30, 2006, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Acting Chairperson Craig Stewart called the meeting to order at 7:05 PM. The Board Secretary called the roll. MEMBERS PRESENT Charles Biederman James Hale Craig Stewart Edward Ciecirski 1 st Alternate Lynn Mars 2nd Alternate MEMBERS ABSENT Mary Russell Chairperson Walter Godfrey Vice Chairperson Karen Hartley Raymond Viens OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Kate Latorre Assistant City Attorney Bob Hoog Mayor Pro T em Shannon Roberts City Council Member The Board members established that the next meeting would be held on January 18, 2007. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: -1. Approval of Meeting Minutes: October 19. 2006. ~\j1otion by rv1r. Biederman, seconded by ~!1r. Ciecirski, to approve the meeting minutes of October 19, 2006, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 30,2006 Page 2 COMPLIANCE HEARINGS: 1. Case No. 05-00043 - Violation of Section 34-96 Standards Established. of the Cape Canaveral Code of Ordinances. (605 Shorewood Dr.) - Paul Jindra. Property Owner. Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history. Officer Alexander testified that the Case was found in compliance on October 19, 2006. Officer Alexander further stated that by power of attorney, David Anderson is requesting a satisfaction of the Code Enforcement Lien on behalf of Paul Jindra, property owner. Officer Alexander respectfully requested that the Code Enforcement Board deny the respondent's request to satisfy the lien in the amount of $116,000.00 and order the respondent to pay a reduced amount of $2,676.40. The reduced amount represents the reimbursement to the City of Cape Canaveral for inordinate expenses incurred during the Code Enforcement investigation and processing of the violation. David Anderson testified that Paul Jindra has vacated the premises; all the animals have been removed; the condominium unit has been cleaned; and there is no odor present. Mr. Anderson requested that the Board waive all fines and release the lien due to the fact that Mr. Jindra is in ill health and in extreme financial hardship. Mr. Anderson stated that any consideration would be appreciated. After hearing testimony from both parties, the consensus of the Board was that the City should be reimbursed for the expenses incurred. Motion by Mr. Ciecirski, seconded by Mr. Hale, to recommend City Council release the iien upon payment or the administrative costs in the amount of rvavo thousand six hundred and M"~nty s:x do"~r~ ~~d +0....J... Mnt~ '$') 67t::< AD) D:M' 'Mio~ fol'o\li'~d <:>c;vc; - I lIa <:> all IllY vC; I <:> \ "'-, I U.'"t . l<:>vU<:><:> II I vc; . Motion by Mr. Ciecirski, seconded by Mr. Hale, to amend the Motion to require the respondent to pay the administrative costs within 30 days of City Council's approval. Vote on the amended Motion carried by majority, with Craig Stewart voting against. Vote on the original Motion carried by majority, with Craig Stewart voting against. 2. 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. Baadjieff. 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 resolved the main issues of concern on the property by repairing the pool and cleaning up the yard; however, the respondent is not in full compliance of the Board Order due to the fact that the soffits and fence remain in a state of disrepair. Officer Alexander testified that the fence could admit toddlers into the pool area. Code Enforcement Board Meeting Minutes November 30, 2006 Page 3 Officer Alexander respectfully requested that the Code Enforcement Board find the respondent in non- compliance of the Amended Code Enforcement Board Order dated October 20,2006 and impose the fine of $250.00 dollars per day beginning on October 30,2006. Joe Miniclier, Esq., testified that Mr. Baadjieff is deceased and that there are no funds available to repair the property as ordered. Mr. Miniclier stated that he has initiated the repair of the pool, removed the trash and debris, trimmed the trees, and cut the grass. Mr. Miniclier further stated that they would like to sell the property 'as is' and let the new owners repair the soffitting on the house. Discussion followed regarding the repair of the fence. Motion by Mr. Ciecirski, second by Mr. Hale, to find the respondent in compliance and amend the Board Order to remove the requirement to repair the soffits; and with the condition that the respondent repairs the fence within 7 days. Vote on the Motion carried unanimously. 3. Case No. 06-00056 - Violation of Section 104.1.1 , and 105.4. Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (431 Monroe Ave.) - Coral Bav Developers, LLC, c/o$idnev Z. Brodie,R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's revie'vv. ~ff' . I d . .... . . h . .. Ulcer A exan . er testlTled t ,at me respondent has installed air conditioning units and electrical panels without the required permits and inspections. Officer Alexander further stated that the permit has been issued for the air conditioning work but not for the electrical renovations. Therefore the respondent is not in compliance. Officer Alexander respectfully requested that the Code Enforcement Board find the respondent in non-compliance of the Code Enforcement Board Order and impose the fine of $150.00 dollars for the first day and $100.00 dollars per day thereafter. Dubiel Roman, representative for Coral Bay Developers, stated that he was not aware of the problems with this project and explained that he would be taking over the responsibility for this job. Mr. Roman further stated that a new electrician has applied for a permit and asked the Board for another thirty (30) day extension in order to give him the opportunity to come into compliance. Officer Alexander stated that staff has offered assistance in working with this developer and gave them a reasonable amount of time to come into compliance. Furthermore, Mr. Amaya, contractor and representative for Coral Bay Developers, was granted an additional thirty 30 day extension. Officer Alexander requested that the Board imposed the fines to insure the developer comes into compliance. Motion by Mr. Hale, seconded by Mr. Biederman, to accept staff's recommendation and find the respondent in non-compliance and impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter. Vote on the Motion carried unanimously. Code Enforcement Board Meeting Minutes November 30,2006 Page 4 4. Case No. 06-00058 - Violation of Section 80-26, Required; Section 80-3, Licenses and fees to be in addition to other taxes and charqes: Section 70-71 , Enqaqinq in business without payinq tax or makinq reports: Section 70-72, Evidence of enqaqinq in business; Section 80-4, Compliance, of the City of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd.) - Pantelis Markoqiannakis, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 06-00065 - Violation of Section 104.1.1 , and 105.4, Florida Buildinq Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (8305 Rosalind Ave.) - ish K. Aneia, 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 replaced windows without the required permits and inspections. Officer Alexander further stated that the original permit had expired. Officer Alexander respectfully requested that the Board find the respondent in violation and be given untii December 30, 2006 to come into compliance or be fined one hundred dollars ($100.00) per day until found in compliance. Discussion follo'vved regarding the amount of time to come into compliance. Motion by Mr. Biederman, seconded by Mr. Hale, to find the respondent in violation and be given until December 15, 2006 to come into compliance or be fined one hundred dollars ($100.00) per day. Vote on the motion carried unanimously. 2. Case No. 06-00100 - Violation of Section 110-467 Garage Sales: and Section 110-522 Requirements. of the City of Cape Canaveral Code of Ordinances. (7901 Ridgewood Ave.) - Giuseppe Conoscenti. Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. ADJOURNMENT: There being no further business the meeting adjourned at 8:24 P.M. Approved on this day of ,2007. Craig Stewart, Acting Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral NOTICE OF COMPLIANCE DATE: 12/29/2006 Ish K Aneja 451 Plum hollow Lane Maitland, FI 32751 CODE ENFORCEMENT CASE #: 2006-00065 LOCATION OF VIOLATION: 8305 Rosalind Avenue, Cape Canaveral, PROPERTY PARCEL #: 24 371450 1 303 The above property was found to be in compliance on December 20, 2006, by obtaining a permit for the installation of the windows and the required approved final inspection" Sec. 82-31. Florida Building Code adopted. Your cooperation in this matter is greatly appreciated. If you have any questions please call Code Enforcement in the Building Department at (321 )868-1222. IM~ ct - C-t:.---.. J Duree Alexander I l Code Enforcement Officer "'---- 105 PolkAvenue · 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 City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00084 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: Gilbert L. Patton, Jr. R. A. 310 W. Central Blvd., Cape Canaveral Respondent( s) Gilbert L. Patton, Jr. R. A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 18th day of January, 2007 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 piOperty 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 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. ~~. day of January, 2007 .~ Duree 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@dl.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: 2006-00084 A Florida municipal corporation, Complainant, v. AUlnar _oF +h_ D...___rh '" ,"",VYllvl VI Llle;; IIVtJ'CILY. G. Patton Enterprises, Inc. C/O Gilbert L. Patton, Jr. R. A. Respondent( s): G. Patton Enterprises, Inc. C/O Gilbert L. Patton, Jr. 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 vioiation(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): 310 W. Central Blvd., Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): G. Patton Enterprises, Inc. Gilbert L. Patton, Jr. R. A. 1160 N Montego Bay Drive Merritt Island, FI 32953 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 WV\'W.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at Property: ZONING11 0, Sec. 110-551. Location of recreational vehicles, camping equipment, boats and boat trailers. (a) No person shall occupy or reside in any travel trailer, camper trailer, camper (truck mounted), motor travel home or tent in any location within the city other than a duly licensed and approved trailer park, except as provided in this section. A complaint was filed with staff that a person is residing in a Van on your property. A site inspection confirmed that a person is living in his van and working out of unit #36. 4. Recommendation to correct the violation (s) described above: Your property is zoned C-1, Commerical Zoning District and this type of acitivity is not permitted. He may not reside in any type of vehicle or in the any storage unit on this property. This activity must cease and desist immediately. 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 re City of Cape Canaveral. (1 ) dJ/ /7 I #<<?!J.iKL~;;2/ltl/~ \ uuree f\lexanaer / - . - Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00093 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: James M & Jenifer E. Wegenka, HIW 215 Jefferson Avenue, Cape Canaveral Respondent( s) James M & Jenifer E. Wegenka, HIW A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 18th day of January, 2007 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 EXH!B!T "A" and shall make a determination as to \Nhether 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 andior 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. rrD this 8th _da~ ?nuary, ~7 ( /1 f. , " .' c!lc'7/'/th . ~:I(/l r [ -. _fie _/'-..--;t;:{ /~f <'<./ "__ \Duree 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 Date: 9/16/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00093 A Florida municipal corporation, Complainant, v. O\A/ner of the Property: James M & Jenifer E. Wegenka, H/W Respondent( s): James M & Jenifer E. Wegenka, 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 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 isfare to be voluntarily performed within fifteen (15) days from reciept 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 belo\"I 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 W!THIN 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): 215 Jefferson Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): James M & Jenifer E. Wegenka, H/W 215 Jefferson Avenue Cape Canaveral, FL 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@cfl.rr.com 3. Description of Violation(s) at Property: OCC. L1C., Sec. 70-69. 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 goods, advertise goods for sale or perform services or solicit or advertise the performance of services for any of 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 license tax required as provided in section 70-89. 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. 110-293, (1), (4); Accessory Uses and Structures Home Occupations, subject to section 110-521, (g) which states in part" no external evidence of the home occupation shall be permitted other than one non-illuminated nameplate". 4. Recommendation to correct the violation (s) described above: Obtain an Occupational License for shutter installation from your home address. You may not operate a retail business in a residential zoning district. Please contact the City of Cape Canaveral Finance Department at (321)868-1234, for assistance in obtaining aU required licenses to be in compliance. 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 re~~endations contained herein do not hesitate to contact the below signed Code Enforcement Officer 9.t heity of Cape Canaveral. / j "1 _ _ I I _/1//' //) ( lJa{/~:e~ \ Duree Alexander Code Enforcement Officer C: Andrea Bowers, Finance Director City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00124 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: Kurt Tezel, R.A. 6615 N Atlantic Avenue, Cape Canaveral, FL Respondent( s) Kurt Tezel, R.A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 18th day of January, 2007 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 vio!ation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation & Code Enforcement Board Order, attached as FXH!8IT "A" and shall make a determination as to whether such vio/ation(s) islare 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 andlor 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. DA~th datit<anuary, 2007 ~~ Duree 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 Date: 11/22/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00124 A Florida municipal corporation, Complainant, v. (""'hun.or nf +h~ Dr___r4-t'. '-'VWIIV"I VI laiC rlvtJC1LY. Supra Color Enterprises, Inc. C/O Kurt Tezel, R.A. Respondent( s): Supra Color Enterprises, Inc. C/OKurt Tezel, R.A. Mangroves Breakfast Club, C/O George L. Leonard & Lettye P. Baggett 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 from receipt of this notice. In the event that the violation(s) islare not corrected within the time period set forth above or the violation(s) recur(s) even jf the violation(s) isiare 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): 6615 N Atlantic Avenue, Cape Canaveral, FL 2. Name and address of owner(s) of Property where violation(s) exist(s): Supra Color Enterprises Inc. C/O Kurt Tezel, R.A. 1980 N Atlantic Avenue 704 Cocoa Beach, FL 32931 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: SIGNS, Sec. 94-6. Prohibited signs and features. (e) Portable signs. Any sign, excluding vehicular signs, which is mobile or is not securely and permanently attached to the ground or a building is prohibited. (r) Temporary signs, unless specifically mentioned in this code are prohibited. Sec. 94-7. Conformance. All signs or other advertising structures erected within the city limits shall conform to this chapter. Mangroves Breakfast Club continually places a portable sign on the property advertising this business. Portable signs are prohibited in the City of Cape Canaveral. A temporary banner permit was issued to this business for a period of sixty days. 4. Recommendation to correct the violation (s) described above: Permanently remove the portable sign. 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 ~~m.endations contained herein do not hesitate to contact the below signed Code Enforcement Officer / t theiCity of Cape/ Canaveral. I ! /,,0 (} -/ . I J / // /:.~ 1",11 f;j iI ~ ,i" /,/ ,t' ,./'/," _ ,.//f \ / tL'C/[/L~-{C(Y(;C,gl:-;;ft~d:' , \ Duree Alexander / ----" Code Enforcement Officer C: Mangroves Breakfast Club Code Enforcement Activities Current Violations: notes: IPMC = International Property Maintenance Code, 1997 NEC = National Electric Code Code Section and Title Otv. Percent 34-96 Standards Established 2 4.8% 34-97 Duties and Responsibilities 1 2.4% 34-98 Building Appearance and Maintenance 2 4.8% 34-122 Public Nuisance Prohibited 1 2.4% 34-181 Storing, Parking or Leaving on Private Property 2 4.8% 70-69 Occupational License Required 3 7.1% 82-116 Adoption of the National Electric Code 1 2.4% 94-6 Portable Signs 1 2.4% 94-7 Temporary Signs 1 2.4% 94-76 Temporary On-Premise Signs 1 2.4% 102-39 Permits-Vegetation 2 4.8% 104/105 Florida Building Code-Permits & Inspections 15 35.3% 110-297 Minimum Setbacks 1 2.4% 110-551 Parking and Storage of Certain Vehicles 1 2.4% 230.27 NEC Means of Attachment 1 2.4% 230.87 -NEC Service Masts Support 1 2.4% 312 NEC Installation 1 2.4% 602.1 IPMC Facilities Required 1 2.4% 602.2 IMPC Residential Occupancies 1 2.4% 602.3 IMPC Heat Supply 1 2.4% 603.1 IMPC Mechanical Equipment 1 2.4% 505.4 IMPC Water Heating Facilities 1 2.4% Total 42 100% District breakdown: (Brevard County breaks the City of Cape Canaveral into four districts. The following tables illustrate the current code enforcement differences among these districts) Areas of Current Violations bv District Otv. Percenta!!e Section 14 Northeast Section 12 28.6 Section 15 Northwest Section 2 4.8 Section 22 Sout..lJ.,x/est Section 10 "':1 Q iV ~J.O Section 23 Southeast Section lS. 42.8 Total 42 100 Code Enforcement Activities summarized: Current cases: 42 "A Better Place" requests completed: 11 Cases brought into compliance in field: 105 Total number of case.." for the 158 Code Enforcement Board: The Code Enforcement Board held two meetings. Seventeen cases were presented. City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA CITY OF CAPE CANAVERAL, Case #06-00056 Florida municipal corporation, Complainant, CFN 2006345531, OR BK 5725 Page 7878, Recorded 12/0412006 at 08:28 AM, Scott Ellis, Clerk of v. Courts, Brevard County # Pgs:3 Coral Bay Developers, LLC, c/o Sidney Z. Brodie, R.A. Owner of the Property located at: 431 Monroe Avenue Cape Canaveral, FL 32920 LEGAL: Avon By The Sea Lots 5,6, Block 28, Plat Book 0003, Page 0007 Respondent, / 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 October 19, 2006, to determine 'Nhether any violations of the City of Cape Canaveral Code of Ordinances exist 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 violations of Sections 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, 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 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: 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 PolkAvenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.rnyfIorida.com/cape · email: ccapecanaveral@cfl,rr.com Case #06-00056 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 November 30, 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 one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) 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) is/are 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, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this ,:20 day of OC.:Gbc:f-- , 2006. ," ", . ~ /'.'y ~_.........; "'-i;.' ~ .f'f_1 ,c ....., / " " ..... .,' / " -', - .--1 ,- .f--'..... '_< '- '-' .---- -" - j'; , .....'.. . Copies furnished to: Coral Bay Developers, LLC, c/o Sidney Z. Brodie, R.A., Property Owner City of Cape Canaveral, Case File Case #06-00056 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) and/or Respondent's authorized counsel on this .20 day of ()CbbeJ- , 2006. ~.. .. ; .... JOYL6'~;~rdi;,cretary I ~...A~ ;(d~tt:2 \ Duree Alexander, Code Enforcement Officer