HomeMy WebLinkAboutCEB AGENDA PKT 02-22-07
City of Cape Canaveral
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
111 POLK AVENUE
FEBRUARY 22, 2007
7:00 P.M.
Call to Order
Roll Call
Establish Next Meeting Date: March 22, 2007
NEW BUSINESS:
1. Approval of Meeting Minutes: January 18, 2007
OLD BUSINESS:
1. Case No. 01-0008 - Violation of Section 94-4(11), Exemptions, of the Cape
Canaveral Code of Ordinances, (8050 N. Atlantic Ave.) - Pravin & Jyostna Patel,
Property Owner. (Request for reduction or release of lien)
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, R.A. (In compliance)
2. 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; c/o Joseph E. Seagle, R.A.
PUBLIC HEARINGS:
1. Case No. 06-00074- Violation of Section 104.1.1, and 105.4, Florida Building
Code - Permits & Inspections, of the City of Cape Canaveral Code of
Ordinances, (221-223 Columbia Dr.) - The Plaza Owner Association, Inc., c/o
Jerry Cravey, R.IL\.
" Case No. 06-00121 - Violation of Section 82-221, International Property
"-.
Maintenance Code Adopted; Section 602.1, Facilities Required; Section 602.2,
Residential Occupancies; Seeton 602.3, Heat Supply; Section 603.1, Mechanical
Equipment; and Section 505.4, Water Heating Facilities, of the Cape Canaveral
Code of Ordinances, (415 Jefferseon Ave.) - Trudy W. Mohme, Trustee.
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@cf1.rr.com
Case No. 07-00004 - Violation of Section 34-96(d), Standards Established; and
Section 34-122(a)(b), Public Nuisances Prohibited, of the City of Cape Canaveral
Code of Ordinances, (8200 Astronaut Blvd.) - Rudolph Hardick, R.A.
4. Case No. 07-00018 - Violation of Section 104.1.1, and 105.4, Florida Building
Code - Permits & Inspections; Section 109.3, FLBC - Required Inspections;
Section 109.3.3, FLBC - Reinforcing Steel and Structural Framing; Section 109.6,
FLBC - Approval Required; Section 110-275, Prohibited Uses and Structures;
Section 11 0-468(a), Accessory Structures, of the City of Cape Canaveral Code of
Ordinances, (349 Coral Dr.) - Hans Saurenmann, Property Owner.
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 / or Community Appearance Board who 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
JANUARY 18, 2007
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on January 18, 2007, 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
Craig Stewart Vice Chairperson
Charles Biederman
James Hale
Karen Hartley
Raymond Viens
MEMBERS ABSENT
Walter Godfrey
Edward Ciecirski 15t Alternate
Lynn Mars 2nd Alternate
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Kate Latorre Assistant City Attorney
Bob Hoog Mayor Pro T em
The Board members established that the next meeting would be held on February 22,
2007.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: November 30.2006.
Motion by Mr. Biederman, seconded by Mr. Hale, to approve the meeting minutes of
(\.1......, .......----.1,.............. ':)f"\ I"')f'\(,\~ ........... ,......:4-4-__ \ I....."'..... __ .a.b..... ____.....4-:__ __........:..........1 . .___:__. _.....1..
I~UVt::IIIUt::1 0V, LVVU, d~ VVlllltll. VUle VII LIlt:: IllUlIUl1 \';dl I It::U UIICtlIIlIIUU~IY.
Code Enforcement Board
Meeting Minutes
January 18, 2007
Page 2
2. Election of Chairperson and Vice Chairperson.
Motion by Mr. Stewart, seconded by Ms. Hartley to nominate Mary Russell as
Chairperson. Vote on the motion carried unanimously.
Motion by Mr. Biederman, seconded by Mr. Hale to nominate Craig Stewart as Vice
Chairperson. Vote on the motion carried unanimously.
COMPLIANCE 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 testified that this Case is in compliance.
PUBLIC HEARINGS:
1. Case No. 06-00084 - Violation of Section 110-551. Location of recreational
vehicles, campinq equipment. boats and boat trailers, of the Cape Canaveral
Code of Ordinances. (310 W. Central Blvd.) - Gilbert L. Patton, Jr.. R.A.
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 is allowing a "night watchman" to reside in a van on his commercial property.
Officer Alexander stated that according to Section 110-551; no person shall reside in any
travel trailer or motor vehicle in the City, other than an approved trailer park.
Gilbert Patton Jr., property owner, testified that over the past 10 years he has cleaned up
the property, ran off people living in the units, and got rid of the junk cars. Mr. Patton
further stated that Bob Jolin (known as Bicycle Bob) has been there for more than 20
years and is considered to be a great asset as the night watchman, and in return Mr.
Patton gives him a break on the rent of the storage unit
Kurt Ronstrum, owner of the property located at 8708 Commerce Street, testified that Mr.
Jolin uses his mailbox, accepts packages in his absence, and allows Mr. Jolin access to
his property. Mr. Ronstrum stated that Mr. Jolin has been there for all of the 22 years that
he has owned the property and is an asset to him. Mr. Ronstrum requested that the City
let him live there.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 110-551, location of recreational vehicles, camping equipment, boats and boat
trailers, and be given until February 22, 2007 to come into compliance or be fined
seventy-five hundred dollars ($75.00) for the first day and fifty dollars ($50.00) per day
thereafter until found in compliance. Discussion followed regarding the amount of time to
come into compliance. Mr. Stewart stated that he believed it would take more time to
relocate Mr. Jolin; and requested 90 days.
Code Enforcement Board
Meeting Minutes
January 18, 2007
Page 3
Motion by Mr. Stewart, seconded by Mr. Hale, to find the respondent in violation of
Section 110-551 and be given until April 19, 2007 to come into compliance or be fined
seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter
until found in compliance. Vote on the motion carried unanimously.
2. Case No. 06-00093 - Violation of Section 70-69. License required: payment of tax
prerequisite to issuance; Section 70-71 , Enqaqinq in business without payinq tax
or makinq reports: Section 70-72, Evidence of enqaqinq 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. Weqenka, Property
Owners.
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 is advertising and operating a shutter installation business without the
required license.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 70-69, license required; payment of tax prerequisite to issuance; Section 70-72,
evidence of engaging in business; and Section 110-293 (1)(4), accessory uses and
structures, and be given until February 22, 2007 to come into compliance or be fined fifty
dollars ($50.00) for the first day and twenty-five dollars ($25.00) for each day thereafter
until found in compliance.
Motion by Mr. Stewart, seconded by Mr. Viens, to accept staff's recommendation and find
the respondent in violation of Section 70-69; Section 70-72; and Section 110-293 (1) (4);
and be given until February 22, 2007 to come into compliance or be fined fifty dollars
($50.00) for the first day and twenty-five dollars ($25.00) for each day thereafter until
found in compliance. Vote on the motion carried unanimously.
2. 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.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that a
temporary (sandwich board) sign has been placed on the property on numerous
occasions. Lettye Baggett, Mangroves Restaurant business owner, and Kurt Tezel,
property owner, have been notified that this type of signage is not permitted within the
rit\l t"\f r-"':3n.a ro:tln~\I.o.r~1
'-'I\.Y VI '-'0.1-'''-' '-'0.110. V "",,I 0.1.
Lettye Baggett, owner of Mangroves Restaurant, testified that she has struggled to
survive at that location for 6 % years due to the fact that people cannot see the
restaurant. Ms. Baggett stated that the space allowed on the ground sign is small and
the wall sign is not clearly visible from the street. Ms. Baggett further stated that she is
aware that the temporary (sandwich board) sign is not permitted and she stated that the
sign would not be put out again.
Code Enforcement Board
Meeting Minutes
January 18, 2007
Page 4
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 94-6, prohibited signs and features; and Section 94-7, conformance, and be fined
five hundred dollars ($500.00) per day for each repeat violation including costs incurred.
Motion by Mr. Viens, seconded by Mr. Stewart, to accept staff's recommendation and find
the respondent in violation Section 94-6, and be fined five hundred dollars ($500.00) per
day for each repeat violation. By consensus, the motion was amended to reduce the fine
to two hundred and fifty dollars ($250.00) per day for each repeat violation including costs
incurred. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:24 P.M.
Approved on this day of ,2007.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
City of Cape Canaveral
OF CAPE CANAVERAL Case No. 2001-00008
Municipal Corporation,
v. NOTICE OF HEARING
Owner( s) of the property located at:
Pravin & Jyostna HJW Patel
8050 N Atlantic Avenue, Cape Canaveral
Respondent( s)
Pravin & Jyostna HlW Patel
Shivm Food & General Store
C/O Navinchandra C. Patel, R. A.
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 22nd day of
February, 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 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 Properly' 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 CANA VERAL, 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 AGGRlEVED PARTY Mi\ Y NEED TO ENSURE
TP.tAT A VERBATIM RECORD OF THE BOARD'S I--ibARlNG IS MADE, WHICH INCLUDES THE
TESTIMOl"N AND EVIDENCE UPON \\tRICH THE APPEAL IS TO BE BASED.
DA T~'iS 12th day of,
/ ,/
/ L-vC.t!.L-
DUr-ee Alexander <
Code Enforcement Officer
105 Polk Avenue · 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
CITY OF CAPE CANAVERAL
APPLI< ION FOR SATISFACTION OR RELEAS.
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE #: 0 S r (} (;, APPLICATION FEE: $ /00,00
~ (), Of) 'lei...
APPLICANT: ",? ~ \J ',11\) \( \\ rC"L ~S Lf 0 :1, /'IJ A ~ DATE: \' gO;?
ADDRESS: '8 0 S (1 lv' , ~ 11 0) 'h;:;\ 1 <:.. ~ U 'C..
CITY: ("C'0\2 C.Q\ '1S\ \JOC~ ' STATE: VL_ ZIP: 3 :2q'2.0
NATUREOFVIOLATION(S): bY:Ce.6S;",vC? S\ccr'\--"~ Oa-\ \._.Y\'\\f./)L~) I
ADDRESS OF SUBJECT PROPERTY: S'~,~ ~S C~.jVC? /'
DATE FINE/LIEN IMPOSED: ~2fr;() I AMOUNT: &'9) 5 Q S . C() IDA Y OR ~
COMPLIANCE DATE: =s- l) N ,- q _ '-. Q DOC
RELIEF REQUESTE~ REDU~TION (Circle one) IF REDUCTION, THE APPLICANT
PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE.
I
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If more space is needed add additional pages) ~ '\ a \ CA~~ "<::5"t1~ ~ ~f-:'Q\""Y1~ (,)"1\ ~eT\'eA.J..)
'\' \ N ~ ~ ~'"\~ C::J "" '? Y p-(c b") m j <;,,,, ) &
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
(If more space is needed add additional pages) 7'\/ (]'i\J e::-
THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE
PRIOR TO THE ORDER OF PENALTY OR FINE BEING l1v1POSED AND RECORDED: (If more space is needed add
ldditionalpages) ~ A ex ~/Y\.~ 00'\., 0\, .p''0,,,?~
i
\.NY ADDITIONAL FACTS OR INFOR1-1ATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
\JCLUDING BUT NOT LJ1vlITED TO, THE CIRCUJvfSTANCES THAT EXIST \VHICH WOULD WARRA,NT TI-fF
EDUCTION OR SATISFACTION OF PENALTY OR FINe: (If more space is needed add additional pages)
r-,
~~ic:8s~uce Date: ,,, ,,,V0:' C~ ;'4 :?" ~;;2":: :: :: 2:;: ,: '"
1';;, '
lJ).:c1r1 "---
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case No: 2005-00101
A Florida municipal corporation, 02/13/2007
Complainant,
v.
JWL, LLC
Keith Bennett, R. A.
Owner(s) of the Property located at:
6103 N Atlantic Avenue, Cape Canaveral
Respondent(s).
JWL, LLC
Keith Bennett, R. A.
NOTICE OF COMPLIANCE WITH
ORDER OF CODE ENFORCEMENT BOARD
PURSUANT to Section 162.09, Florida Statutes, 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 and the respondent that the violation(s), as more specifically
described below has been corrected pursuant to the entry of an Order by the Code Enforcement Board,
dated April 20, 2006, for first violation requiring the Respondent(s) to come into compliance by May 1,
2006 or a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred
and fifty dollars ($150.00) per day shall be imposed until the violation is corrected. On October 19,2006, a
compliance hearing was held and the respondent was found in non-compliance and the Board Order was
amended to increase the fine to five hundred dollars per day ($500.00) and the Respondent(s) was given
until January 25, 2007 to come into compliance. On February 13, 2006, the property was found to in
compliance by the Code Enforcement Officer, by the removal of the ground sign, which was in need of
repair or maintenance.
1. Property where violation(s) existed: 6103 N Atlantic Avenue, Cape Canaveral
2. Name and address of owner of Property where violation(s) existed:
JWL, LLC
Keith Bennett, R. A.
3. Description of violation(s) corrected at Property:
Chapter 94, Section 11. Maintenance, notice to repair.
Each sign shall be maintained in a safe condition. When the sign is in need of repair or maintenance,
the owner shall be notified in writing. The owner shall have ten days to make such repairs or remove the
sign. If this order is not complied with, the building official may remove the sign and a lien may be filed
against the property for the expense incurred in removal of the sign.
...........\
/ I /
I '~ /
/ . / ~../ / /J
f L f /" / f..r.< ".'"
( /2?c A.r( R'>~ "' ..?{/G~a/Z{c L __
\. -'Duree Alexander 05 Poll{ Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326
. Code Enforce~rdp<Mmr~r(321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248
www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
CITY OF CAPE CANAVERAL Code Case:2006-00085
A Florida Municipal Corporation, Date: 02/13/2007
Complainant,
v.
TRSTE, LLC
Joseph E. Seagle, R. A.
Owner(s) of the property located at:
7554 Magnolia Avenue, Cape Canaveral
Respondent( s)
TRSTE, LLC
Joseph E. Seagle, 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) 01/25/07 and
2/13/07, described below has not been corrected pursuant to the entry of an Order by the Code
Enforcement Board, dated 10/19/06, requiring respondent(s) to correct such violation(s) by 1/25/07, as set
forth in its Board Order by obtaining a permit and the required approved inspection for the roof, which
caused an unsafe building condition. 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 compiiance hearing before the Code
Enforcement Board and requests a compliance hearing on February 22, 2007.
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):
Joseph E. Seagle, R. A.
501 E South Street STE B
Orlando, FL 32801
3. pe-5cription of violation(s) at Property:
jSec82-12; Unsafj ~ing or Systems
! ' ~I{;'
/. -.
'~{~',7 ~~~__,
I Duree Alexan er --~-_.-... -.
J Code Enforcement Officer
105 Polk Avenue · 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
,
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #06-00085
A Florida municipal corporation,
Complainant,
v.
TRSTE, LLC, c/o Joseph E. Seagle, R.A.
Owner of the Property located at:
7554 Magnolia Ave.
Cape Canaveral, FL 32920
LEGAL: Avon by the Sea, Lot 1 Blk 44, 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 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 Statues, that violations 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 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 had representation at this
hearing;
3. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit:
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 #06-00085
unsafe building conditions shall be maintained, pursuant to Section 162.07, Florida Statutes,
and City of Cape Canaveral Code Chapter 2, Article VI;
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 January 25, 2007, to correct any violation of the City
Code on the property; with the condition that no individual shall reside at the residence until the
property is in full compliance; 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 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 ;:76 day of CCT6bc.(, 2006.
-
City of Cape Canaveral
CITY OF CAPE CANAVERAL Case No. 2006-00074
A Florida Municipal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner( s) of the property located at:
The Plaza Owners Association, Inc.
Jerry Cravey, R. A.
221-223 Columbia Drive, Cape Canaveral
Respondent(s)
The Plaza Owners Association, Inc.
Jerry Cravey, R. A.
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the
22nd day of February, 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 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 persona! 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, INCLUDJNG 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
Trr,10NY AND EViDENCE UPON WHICH THE APPEAL IS TO BE BASED.
fA TE~ this 12th day of February, 2007
. / --------. /J /" ~
( M~1&;a(J
-. Duree Alexander .
Code Enforcement Officer
105 Polk Avenue . 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@cfI.rr.com
. L
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
Date: 11/17/2006
THE CITY OF CAPE CANAVERAL, Case No: 2006-00074
A Florida municipal corporation,
Complainant,
v.
Owner of the Property:
The Plaza Owners Association, Inc.
C/O Jerry Cravey, R. A.
Respondent(s):
The Plaza Owners Association, Inc.
C/O Jerry Cravey, 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 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
ViOLA TiON(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):
221-223 Columbia Drive, Cape Canaveral
..., Name and address of owner(s) of Property where violation(s) exist(s):
4.
The Plaza Owners Association, Inc.
c/o Jerry Cravey, R. A.
955 Byron Plance
Sarasota, FI 34243
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: FLBLDGCOD,
The Florida Building Code 2004 edition, as may be amended from time to time, as published by the
Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby
adopted by reference and incorporate herein as if fully set out.
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.
On August 10, 2006 staff spoke with Darlene Brinkley, Community Association Manager, regarding
twelve new gas dryers that had been installed. Ms. Brinkley was informed that the installation would
require permits and approved final inspections. To date no permits have been obtained for this work.
Staff has attempted on several occasions to resolve this issue with the contractor. We are requiring
the manufactures specifications in regards to the venting of the dryers. He has failed to provided the
requested information or obtain the required permits.
4. Recommendation to correct the violation (s) described above:
Obtain the required permits and approved inspection for the installation of the gas dryers.
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
~h~ City of Cape Canaveral.
.// .
/
II / ), , :/J:;f, / ',/Y a
~/kf!i:9/Jt ...A.......
( upree Alexa der
\ Code Enforcement Officer
City of Cape Canaveral
OF CAPE CANAVERAL Case No. 2006-00121
Florida Municipal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner(s) of the property located at:
Trudy W. Mohme, Trustee
415 Jefferson Ave. Cape Canaveral, Ff. 32920
Respondent( s)
Trudy W. Mohme, Trustee
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the
22nd day of February, 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 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 rea! 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.
D}<9> this 12~ of February, 2007
/ I ~if /Jd1
( M~.u(" .U..#t2, .----
\ Duree Alexander /
\ Code Enforcement Officer
105 Polk Avenue . Post Office Box 326 · Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248
\vww.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
Date: 12/08/2006
THE CITY OF CAPE CANAVERAL, Case No: 2006-00121
A Florida municipal corporation,
Complainant,
v.
Owner of the Property:
Trudy W. Mohme, Trustee
Respondent(s):
Trudy W. Mohme, Trustee
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) is/are not corrected within the time period set forth above or the
violation(s) recur(s) even if the vio!ation(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 iMMEDiA TEL Y NOTiFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN
INSPECTION
1. Property where violation(s) exist(s):
415 Jefferson St, Cape Canaveral FI. 32920
2. Name and address of Qwner(s) of property where violation(s) exist(s):
Trudy'vV. iviohme, Trustee
1760 Rochelle Parkway
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.myt1orida.com/cape · email: ccapecanaveral@cfl.rr.com
3. Description of Violation(s) at property:Sec. 82-221, "International Property Maintenance Code
Adopted"
International Property Maintenance Code (IPMC)
SEC 602.1 Facilities Required: Heating facilities shall be provided in structures as required by this
section.
602.2 Residential Occupancies: Dwellings shall be provided with heating facilities capable to
maintaining a room temperature of 65 degrees (F) in all habitable rooms.
602.3 Heat Supply: Every owner and operator of any building, who rents, lease or lets one or more
dwelling unit, rooming unit, etc. to furnish heat to the occupants thereof, shall supply heat.
603.1 Mechanical Equipment: "All" mechanical equipment shall be properly installed and maintained
in a sage working condition, and shall be capable of performing the intended function.
505.4 Water Heating Facilities: Water heating facilities shall be properly installed, maintained and
capable of providing an adequate amount of water .... at not less than 120 degrees (F).
A complaint was filed and a site inspection revealed that your property does not provide working AlC;
heat or hot water.
4. Recommendation to correct the violation(s) described above:
You must repair or replace the air conditioning unit, water heater and provide Ale, heat and hot
water to your tenant. Please check with the Building Department regarding required permits and approved
inspections for the required work.
Failure to comply within fifteen days from receipt of this Notice shall result in further action(s) 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
recommendation(s) contained herein do not hesitate to contact the below signed Code Enforcement
Officer at the City of Cape Canaveral.
.", .....-
Michael Richart
Code Enforcement Officer
City of Cape Canaveral
CITY OF CAPE CANAVERAL Case No. 2007-00004
Florida Municipal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner(s) of the property located at:
8200 Astronaut LLC
Rudolph Hardick, R. A.
8200 Astronaut Blvd., Cape Canaveral
Respondent( s)
8200 Astronaut LLC
Rudolph Hardick, R. A.
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the
22nd day of February, 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 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.
rr this~da~l7?ua~, 2007
{ f . / //_){;(;{ /~o / -' _
\ #' /~~. . - -- .. -~
\ Duree Alexander
Code Enforcement Officer
105 Polk Avenue · 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@d1.rr.com
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
1/22/2007
THE CITY OF CAPE CANAVERAL, Case No: 2007-00004
A Florida municipal corporation,
Complainant,
v.
Owner of the Property:
8200 Astronaut LLC
C/O Rudolph Hardick, R. A.
Respondent(s):
8200 Astronaut LLC
C/O Rudolph Hardick, 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 five (5) 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
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):
8200 Astronaut Blvd., Cape Canaveral
2. Name and address of owner(s) of property where violation(s) exist(s):
Rudolph Hardick, R. A.
300 N Courtney Parkway
Merritt Island, FI 32952
105 Polk Avenue . 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:Sec. 34-96 (d) Standards Established
Sec. 34-96. Standards established.
(d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris,
objects, material or conditions which may create a health or fire hazard. Exterior property areas shall
be free of unsanitary conditions which constitute a blighting or deteriorating influence on the
neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a
blighting or deteriorating effect in the neighborhood.
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.
(b) All unimproved property in the city shall be maintained in a manner such that weeds and rank
vegetation shall not exceed 12 inches in height provided, however, that with respect to property or portions
of property containing wild lands in their native state, not previously cleared, such as a natural hammock,
this height limitation shall apply only to the first 15 feet of such lands abutting a public street or
right-of-way, unless such lands constitute an approved buffer zone under the code of the city.
Staff has requested, on numerous occasions, correspondence from you providing evidence that all
underground petrochemical storage tanks have been removed from your property. Per the Consent
Agreement page 3, item (2), (I), by July 1, 2006 "Magma shall provide to the City correspondence and
acknowledgement from the Brevard County Department of Natural Resources evidencing proper removal
of all underground petrochemical storage tanks". Staff is requesting the information within five days.
You are in violation of the Consent Agreement and per page 4, item 3, which states "if any of the
interim obligations as set forth, herein at paragraph 2 are breached, then upon seventy-two (72) hours
written notice from the City to Magma, the Parties consent and agree that the City can cure the breach of
these interim obligations and a lien may be placed upon the title to Magma's real property for the City's
reasonable and necessary expenses".
4. Recommendation to correct the violation(s) described above:
Staff is providing you five days to mow the property; remove all dead vegetation; and trash and debris
from the property. You must also provide the required correspondence regarding the removal of the
petrochemical storage tanks. If these issues are not resolved within the period provided the City will have
the property mowed; vegetation removed; trash and debris removed at the owners expense and you will
be placed on the February 22, 2007 Code Enforcement Board agenda for the requested correspondence.
Failure to comply within five (5) days from receipt of this Notice, shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations
mined herein. do not hesitate to contact the below signed Code Enforcement Officer at the City of
Ca e Canaveral.
~~
( eende;~
\ Code Enforcement Officer
"
C: Mark Peters, Esq.
Bennett Boucher, City Manager
Anthony Garganese, City Attorney
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
Date: 2/05/2007
THE CITY OF CAPE CANAVERAL, Case No: 2007-00018
A Florida municipal corporation,
Complainant,
v.
Owner of the Property:
Hans Saurenmann
Respondent( s):
Hans Saurenmann
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) 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):
349 Coral Drive, Cape Canaveral
2. Name and address of owner(s) of property where violation(s) exist(s):
Hans Saurenmann
349 CORAL DR
CAPE CANAVERAL, FL 32920
105 Polk Avenue . 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:Sec. 82-31. Florida Building Code adopted.
Florida building Code ( FLBC) Chapter 104 Section 104.1.1 Any owner, authorized agent, or
contractor who desires to construct, enlarge, alter, repair, demolish, or change the occupancy or occupant
content of a building or structure, or any outside area being used as 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 (FLBC) 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.
FLBC 109.3 Required Inspections: The building official upon notification from the permit holder or his
or her agent shall make the following inspections, and shall either release that portion of the construction
or shall notify the permit holder or his or her agent of any violations, which must be corrected in order to
comply with the technical codes.
Foundation inspections-footers/grade beams.
Plumbing inspections-underground inspections to be made after trenches or ditches are excavated,
piping installed and before any backfill is put in place.
FLBC 109.3.3 Reinforcing Steel and Structural Frames: Reinforcing steel or structural frame work of
any part of any building or structure shall not be covered or concealed without first obtaining a release
from the building official.
FLBC 109.6 Approval Required: Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the building official. The building official, upon
notification, shall make the requested inspections and shall either indicate the portion of the construction
that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to
comply with this code. Any portions that do not comply shall be corrected and such portion shall not be
covered or concealed until authorized by the building official.
110- 1. Definitions: Easement means a right-of-way granted for limited use of private property for a
public or quasi-public purpose.
110-1, Definitions: Right-ot-way means land reserved, used or to be used for a street, alley,
walkway, drainage facility or other public purpose.
Sec. 110-275. Prohibited uses and structures.
In the R-1 low density residential district, all uses not specifically or provisionally permitted in this division
and any use not in keeping with the single-family residential character of the district, including two-famiiy
and multiple-family dwellings, townhouses and mobile home parks, are prohibited.
Sec. 110-468. Accessory structures.
(a) No accessory structure shall be erected in any front yard, and the accessory structure shall not
cover more than 30 percent of any required rear setback. No separate accessory structures shall be
erected within ten feet of any building on the same lot or within five feet of any lot line. An accessory
structure shall not exceed 24 feet in height. However, a lot with a one- or two-family residence only may
have one additional accessory structure erected per unit, not to exceed 100 square feet with a maximum
height of ten feet it detached or 32 square feet with maximum height of ten feet if attached in rear setback.
A complaint was filed and an inspection revealed concrete being poured, footers installed and
plumbing work without a permit. A stop work order was placed on the property on 1/12/07. The patio
encroaches into the ten (10) foot utility easements and must be removed. Staff also observed another
structure erected in the side/front yard, which will require a pen-nit.
4. Recommendation to correct the violation(s) described above:
You must obtain a permit and the required approved inspections for the plumbing, and structural
work done without a permit. You must remove the section of the patio that encroaches into the utility
easements. You must obtain a permit for the gazbo like structure erected in the side/front yard of your
property.
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.
,
\
i
J
~'"
ree A exander
Code Enforcement Officer
""