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HomeMy WebLinkAboutCEB AGENDA PKT 03-22-07 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE MARCH 22, 2007 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: April 19, 2007 NEW BUSINESS: 1. Approval of Meeting Minutes: February 22, 2007 COMPLIANCE HEARINGS: 1. Case No. 06-00074 - Violation of Section 82-31, Florida Building Code Adopted; Sections 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.A. 2. Case No. 06-00121 - Violation of Section 82-221, International Property Maintenance Code Adopted; Section 602.1, Facilities Required; Section 602.2, Residential Occupancies; Section 602.3, Heat Supply; Section 603.1, Mechanical Equipment; and Section 505.4, \/Vater Heating Facilities, of the Cape Canaveral Code of Ordinances, (415 Jefferseon Ave.) - Trudy W. Mohme, Trustee. 3. Case No. 07-00018 - Violation of Section 82-31, Florida Building Code Adopted; 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. PUBLIC HEARINGS: 4. Case No. 07-00021 - Violation of Florida Building Code Section 107, Temporary Structures and Uses; and FLBC Section 107.2 Conformance; Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance; Section 110-468, Accessory Structure, of the City of Cape r<:>n<:>"or<:>I r,..,rlo ,..,f ()rrlin<:>nf'oc f1 ()&:; I.,ct<:>moro RrI \ _ n,..,n<:>lrI ROf"l<:>n I.- __I I \"A V_I \"AI ____ _. _. _'1 I {"A I I\J"""\J, \ I V_ V\"A'to..JIL,YIII\,JI_ I '\.Uo) L.,I'\,JIIt,AIlr.,A I "V~t;.A11 VI", Property Owner. 4. Case No. 07-00040 - Violation of Florida Statute 877.09, Tampering with or Damaging Sewer Systems; and Section 78-35, Maintenance of Plumbing System, of the City of Cape Canaveral Code of Ordinances, (8799 Astronaut Blvd.) - Zacharias & Adamantia Ligerakis, 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 .. email: ccapecanaveral@cfl.rr.com 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 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 FEBRUARY 22, 2007 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 22, 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 Walter Godfrey James Hale Raymond Viens Edward Ciecirski 1 st Alternate MEMBERS ABSENT Karen Hartley Lynn Mars 2nd Alternate OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Todd Morley Building Official Ed Gardulski Public Works Director Rocky Randels Mayor Bob Hoog Mayor Pro T em Shannon Roberts Council Member l\nthony Garganese City Attorney The Board members established that the next meeting would be held on March 22, 2007. City Attorney Garganese swore in all persons giving testimony. NE\N BUSINESS: 1. Approval of Meeting Minutes: January 18. 2007. Motion by Mr. Biederman, seconded by Mr. Viens, to approve the meeting minutes of January 18, 2007, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 22, 2007 Page 2 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) Code Enforcement Officer, Duree Alexander, provided a brief overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent is requesting a reduction of the lien. Anthony Garganese, City Attorney, explained to the Board Members that the foreclosure action has been filed against Mr. Patel, which has prompted him to apply for the satisfaction or reduction of the lien. Attorney Garganese further explained that the issue before the Board is to consider whether to recommend to Council to reduce the lien, considering six factors: 1) the gravity of the violation 2) the time in which it took the violator to come into compliance 3) the accrued amount of the lien 4) any previous or subsequent code violations 5) any financial hardship 6) any other mitigating circumstances which may warrant the reduction or satisfaction of the penalty or fine. Attorney Andrew Miniheart, representative for Mr. Patel, stated that they are requesting a release or reduction of the lien. Attorney Miniheart testified that there are two Mr. Patel's; Mr. Patel, the property owner, and Mr. Patel, the tenant. Attorney Miniheart further stated that the property owner did not receive any notification due to the fact that the notice of violation and the lawsuit were sent to the store, which was received by Mr. Patel, the tenant. In 2001 the tenant received the first notice of violation, removed some of the signs, and was under the impression that was the issue was resolved. Years pasted before another notice was received in 2006 regarding the relocation of the cashier station, which was promptly addressed by the property owner. Attorney Miniheart further testified that the property owner has been at this location for many years and has recently made improvements to the property in excess of sixty to seventy thousand dollars. Attorney Miniheart requested that the Board recommend to Council a reduction in the lien amount to cover the City's costs and attorney fees not to exceed approximately five thousand dollars ($5,000.00), otherwise Mr. Patel would be forced to sell the property and close the business. Mary Russell reviewed the six points that the City Attorney talked about and stated that the gravity of the violation is not the aesthetic issue of the signs but the safety factor for our police officers; the time it took to come into compliance was five years, from 2001 to 2006; the accrued amount is seventy thousand dollars, not five thousand; there are no previous violations for this address; the financial status is unknown to the Board; and the mitigating circumstances has been stated that the wrong Mr. Patel was notified. Mr. Patel, property owner, testified that in 2006 when the notice of lien was received, he addressed the issues and spoke to Officer Alexander who told him everything was fine. He stated that he spent fifty thousand dollars in repairs to the property. Attorney Miniheart stated that there is a serious due process issue that needs to be addressed; if we have to litigate it we will and the property owner has not received proper notification. Code Enforcement Board Meeting Minutes February 22, 2007 Page 3 The Board asked Mr. Patel, property owner, when he had first became aware of the sign violations. Mr. Patel, property owner, testified that the tenant notified him of the sign problem in 2001. Officer Alexander testified that she sent the notices to the property owner and to the business owner and feels confident that the prior Code Enforcement Officer has sent proper notification. Officer Alexander explained that in the May 17, 2001 Code Enforcement Board Meeting Minutes, Page 7, the testimony of the Code Enforcement Officer was that the notices were properly delivered. She further explained that a letter was received from Mr. Patel on August 3, 2001, which stated that he was aware of the Violation. Officer Alexander further stated that she has requested the records from the archives, and will research the notification history further. Officer Alexander respectfully requested that the Board deny the respondents request to satisfy the lien in the amount of $70,075.00 and order the respondent to pay a reduced amount of $10,500.00 for reimbursement to the City of Cape Canaveral for inordinate expenses incurred during the Code Enforcement investigation and processing of the Violation for the last four years. Attorney Garganese recommended that if the Board considers a reduction the lien amount, they should also consider additional fees to include the legal fees and costs associated with the foreclosure procedure. Discussion followed regarding the lien amount. Motion by Mr. Stewart, seconded by Mr. Hale, to double the staff's recommendation from $10,500.00 to the amount of twenty-one thousand dollars ($21,000.00) in addition to the billed amount of the legal fees and costs associated with the foreclosure proceedings. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 1. Case No. 05~001 01 ~ Violation of Section 94-11. Maintenance. Notice to Repair. of the CaDe Canaveral Code of Ordinances. (6103 N. Atlantic Ave.) - JWL. LLC. c/o Keith Bennett. R.A. Code Enforcement Officer, Duree Alexander testified that this Case is 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 Prooertv 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. 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 working on the repairs to the roof; however, the damage exceeded the scope of work. Officer Alexander stated that the units are vacant until the work is complete and that the owner is working with the City to comply. Officer Alexander respectfully requested that the Board grant a 60-day extension. Code Enforcement Board Meeting Minutes February 22,2007 Page 4 Robert Benson testified that the roof damage was extensive and that there was a delay in progress in order to obtain the engineering drawings. Mr. Benson requested a 60-day extension to complete the work on the roof, the electrical work, and the interior repairs. Motion by Mr. Stewart, seconded by Mr. Veins, to accept staff's recommendation and grant a 60-day extension (March 26, 2007). Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 06-00074 - Violation of Section 104.1.1. and 105.4. Florida Buildinq Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (221-223 Columbia Dr.) - The Plaza Owner Association. Inc.. c/o Jerrv Cravey. 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 twelve (12) new dryers have been installed without the required permit and inspections. Building Official, Todd Morley, stated that the unpermitted dryer installations were a concern because of improperly installed gas and dryer exhaust venting manifolds; lack of required combustion and make-up air; and that the Building Code requires a permit and inspections for this work. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, and be given until March 22, 2007 to come into compliance or be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in violation of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, and be given until March 22, 2007 to come into compliance or be fined one hundred dollars ($100.00) 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. 06-00121 - Violation of Section 82-221. International Property Maintenance Code Adopted: Section 602.1. Facilities Required: Section 602.2. Residential Occuoancies: Section 602.3. Heat Supply: Section 603.1. Mechanical Equipment: and Section 505.4. Water Heating Facilities. of the Cape Canaveral Code of Ordinances. (415 Jefferson Ave.) - Trudy W. Mohme. Trustee. 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 in violation of not providing heat, air conditioning, and hot water to the tenant, which is required by the International Property Maintenance Code. Officer Alexander stated that the respondent requested, and was granted, a 30-day extension. Officer Alexander presented a letter from the respondent stating that she would be out of town, could not attend the Code Enforcement Board meeting, and requested an additional 60-day extension. Code Enforcement Board Meeting Minutes February 22, 2007 Page 5 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 82-221, International Property Maintenance Code Adopted; Section 602.1, Facilities Required; Section 602.2, Residential Occupancies; Section 602.3, Heat Supply; Section 603.1, Mechanical Equipment; and Section 505.4, Water Heating Facilities, and be given until March 22, 2007 to come into compliance or be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Following discussion, the Board increased the amount to be fined. Motion by Mr. Ciecirski, seconded by Mr. Stewart, to find the respondent in violation of Section 82-221, International Property Maintenance Code Adopted; Section 602.1, Facilities Required; Section 602.2, Residential Occupancies; Section 602.3, Heat Supply; Section 603.1, Mechanical Equipment; and Section 505.4, Water Heating Facilities, and be given until March 22, 2007 to come into compliance or be fined two-hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) for each day thereafter until found in compliance. Vote on the motion carried unanimously. 3. 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. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 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 Frames: 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. 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 checked with the Building department regarding permit requirements for a patio. Todd Morley, Building Official, informed Mr. Saurenmann that a minor patio is exempt from permitting but cautioned that nothing could be built on the patio. Mr. Saurenmann was later contacted by Mr. Morley to inform him that a permit was in fact required due to the fact that plumbing and footers were being installed. Mr. Saurenmann applied for the permit, which revealed that the structure encroached into the City easement. Mr. Saurenmann was told to stop work and if he continued it would be at his own risk. Todd Morley, Building Official, testified that he rnet with Mr. Saurenmann on site and stated that a minor patio with nothing else to it, did not require a permit. Mr. Morley requested a sketch of the work. Mr. Saurenmann subsequently provided the sketch and it was then noted that there was an easement encroachment violation. Testifying to the easement encroachment violation, Ed Gardulski, Public Works Director, stated that according to the original plat of Harbor Heights, the 10' P.U.E. (publiC utility easement) has not been vacated at this location, and is still a recorded easement for the City; therefore, the encroachment is more than a few feet. Code Enforcement Board Meeting Minutes February 22, 2007 Page 6 Mr. Morley further testified that Mr. Saurenmann had initially stated that he might possibly build on the slab in the future. Mr. Morley informed Mr. Saurenmann that if a structure was going to be constructed on the slab it would require footings, and Mr. Morley would not allow the work to continue without a permit. Mr. Morley asked Mr. Saurenmann to apply for a permit to continue, and have the footers inspected so that the location and size would be on file. Mr. Saurenmann agreed and provided a building permit application and a sketch of the work being done. Mr. Morley further stated that he went back out to the site the following day and met with Mrs. Saurenmann. After she agreed to allow him access, he took some photo's, at which time, he noticed that footings had been excavated, reinforcing steel was in place and plumbing was installed that was not discussed. Mr. Morley called Mr. Saurenmann and instructed him to notcontinue without the permit. Mr. Saurenmann responded that he could not stop the work and he was pouring the concrete the next day. Officer Alexander continued her testimony stating that Mr. Saurenmann applied for the permit on January 11,2007, and upon review by the Public Works Director, he stated that the concrete would encroach on the easement. Mr. Saurenmann testified that it was never his intention to do work without a permit. Mr. Saurenmann stated that he went to the building department to find out what was needed for the proposed work on the slab. Bob Haley, Plans Examiner, told Mr. Saurenmann that drawings were required. Mr. Saurenmann stated that he was simply repairing an existing structure as shown on the survey. The issue of the footer came up during a discussion with Mr. Morley and was installed in the slab in case Mr. Saurenmann decided to build on the slab at a later date. Mr. Morley told him that a permit was not required for the concrete. Mr. Saurenmann stated that the issue is the P.U.E. that was taken out at a P & Z meeting except his and his neighbor because he would not give the City the 20' back portion for an easement. Furthermore, the City's sewer line is running through his property and he is requesting royalties, costs, or damages from the City. The City told him that if he signed off to give the City the easement, then he would get the permit. Mr. Saurenmann stated that he felt like the City blackmailed him and he is filing a complaint against Ed Gardulski to the Attorney General's office to look into this issue. Mr. Saurenmann stated that he is not in violation. He further stated that he only repaired his slab and he only put in the footers as a precaution. If he intends to expand, he will apply for a permit at that time. Mr. Saurenmann also explained that he purchased a structure for his wife that has four posts with an umbrella-type top and he is not sure where he will put the structure. It is a temporary structure that can be moved around. Craig Stewart asked Mr. Saurenmann if he understood what laws are and further stated that the City has laws in the form of Ordinances. Mr. Stewart stated that Mr. Saurenmann went forth and constructed something when Mr. Morley told him not to proceed. Mr. Saurenmann replied that that was not correct. Mr. Stewart continued to state that he should not have installed the slab that included plumbing and footers without a permit. Mr. Stewart voiced his opinion that he should have to take out the slab. Mr. Saurenmann stated that the form boards were in place and Mr. Morley told him that no permit was required to pour concrete. Discussion was held regarding the difference between the terms "patio" and "slab". The Board explained that a patio is simply concrete without plumbing or footers. Discussion followed. Code Enforcement Board Meeting Minutes February 22, 2007 Page 7 Officer Alexander respectfully requested that the Board find the respondent in 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 Frames; Section 109.6, FLBC - Approval Required; Section 110-275, Prohibited Uses and Structures; Section 11 0-468(a), Accessory Structures, and be given until March 22, 2007 to come into compliance, by obtaining the required permits and inspections and to remove the portion of the slab that is in the easement, or be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter, until found in compliance. Motion by Mr. Biederman, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in 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, and be given until March 22, 2007 to come into compliance or be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter, until found in compliance. Vote on the motion carried by a (5) to (2) majority vote with Craig Stewart and Ed Ciecirski voting against. ADJOURNMENT: There being no further business the meeting adjourned at 9:12 P.M. Approved on this day of ,2007. Mary Russell, Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral THE 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 March, 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) 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 PiOperty 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. . D TED this 13th day of March, 2007 f ~ r--, I .// -'1 , _-~.",." v- ~/ " '. ~/...<....,..-1i"_-<: =- -.-' '", '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 ,^'WW.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA CITY OF CAPE CANAVERAL, Case #06-00074 Florida municipal corporation, Complainant, v. The Plaza Owner Association, Inc., c/o Jerry Cravey, R.A. Owner of the Property located at: 221-223 Columbia Drive Cape Canaveral, FL 32920 LEGAL: THE PLAZA CONDO AS DESC IN ORB 2291 PG 430 AND ALL AMENDMENTS THERTO, PLAT BOOK 0018, PAGE 0009 Respondent, / ORDER IMPOSING PENAL TV 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 February 22, 2007, 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 Statues, that violations of Section 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 not 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 approved 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 #06-00074 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 March 22, 2007, 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 dollars ($100.00) for the first day and fifty dollars ($50.00) 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. Respondent( s) shall also be responsible for costs incurred by the City of Cape Canaveral, consistent with Section 162.09, Florida Statutes, for costs of enforcement and/or for reasonable repairs made to Respondent(s) property by the City of Cape Canaveral or its designee to correct any violation(s) that the Board deems a serious threat to the public health, safety and welfare. 6. 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~t!%ay of <0;: 1..L.i. , 2007. - CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ~A_~~ I, Chairperson City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00121 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: Trudy W. Mohme, Trustee 415 Jefferson Ave. Cape Canaveral, FI. 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 March, 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 nAn and shall make a determination as to whether such vioJation(s) isfare 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, INCLUD!NG 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. ./ ~TED this 13th;t'ry of March, 2007 / J I~ ,I"~ ,i' /#",~~,._,.,_~-e-_""""_,, '-"_"" ,1:_,. -'''~ / I c l~p~/' / -"~-_., . -'" ! 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 CITY OF CAPE CANAVERAL, Case #06-00121 Florida municipal corporation, Complainant, v. Trudy W. Mohme, Trustee Owner of the Property located at: 415 Jefferson Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 4 BLK 16 PLAT BOOK 003 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 February 22, 2007, 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 Statues, that a violation or violations of the City of Cape Canaveral Code of Ordinance Section 82-221, International Property ~v1aintenance Code Adopted; Section 602.1, Facilities Required; Section 602.2, Residential Occupancies; Section 602.3, Heat Supply; Section 602.3, Mechanical Equipment; and Section 505.4, Water Heating Facilities, of the International Property Maintenance Code existed upon the Property and further provided a reasonable time to correct said violations; " The Respondent either failed or refused to correct such violations within the L.. 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 not present at this hearing; 3. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: the air conditioning system, hot water heater, and windows shall be repaired, 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 e email: ccapecanaveral@cf1.rr.com Case #06-00121 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 March 22, 2007, 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 and fifty dollars ($250.00) 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 tinie 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. Respondent(s) shall also be responsible for costs incurred by the City of Cape Canaveral, consistent with Section 162.09, Florida Statutes, for costs of enforcement and/or for reasonable repairs made to Respondent(s) property by the City of Cape Canaveral or its designee to correct any violation(s) that the Board deems a serious threat to the public health, safety and welfam. 6. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any vioiation(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~t day of sd. ,2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00018 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: Hans Saurenmann 349 Coral Drive, Cape Canaveral Respondent( s) Hans Saurenmann A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 22nd day of March, 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. D'l'=1i this 13th daX of Mar~h, 2007 &~~ Duree Alexander Code Enforcement Officer 105 Polk Avenue 0 Post Office Box 326 0 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · 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 OF CAPE CANAVERAL, Case #07-00018 municipal corporation, v. Hans Saurenmann Owner of the Property located at: 349 Coral Dr. Cape Canaveral, FL 32920 LEGAL: HARBOR HGTS 2ND ADDN LOT 23 & ADJOINING PARCEL ON S PER ORB 1873 PG 333 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 February 22, 2007, 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 a violation of section 82-31 of the Cape Canaveral City Code adopting the Florida Building Code, including all updates and amendments thereto, Section 104.1.1 and 105.4, Permits & Inspections; Section 109.3, Required Inspections; Section 109.3.3, Reinforcing Steel & Structural Frames; Section 109.6, Approved Required; City of Cape Canaveral Code of Ordinances Section 110-275, Prohibited Uses & Structures; Section 110-486, Accessory Structures, 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 and required approved inspections for the slab structure, plumbing work and temporary structure shall be obtained; 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · Sill~COM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com Case #07-00018 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 March 22, 2007, 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, the Code Enforcement Officer shall schedule a Compliance Hearing before the Code Enforcement Board and Respondent shall be noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board and the Property remains in violation, 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 fifty dollars ($50.00) 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. Upon the filing of a Notice of Non-Compliance by the Code Enforcement Officer, 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. Respondent( s) shall also be responsible for costs incurred by the City of Cape Canaveral, consistent with Section 162.09, Florida Statutes, for costs of enforcement andlor for reasonable repairs made to Respondent(s) property by the City of Cape Canaveral or its designee to correct any violation(s) that the Board deems a serious threat to the public health, safety and welfare. 6. 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. . 'He , DONE AND ORDERED at Cape Canaveral, Florida, this ~,5 "'--day of ? '1,?Utl2007. CODE ENFORCEMENT BOARD OF THE 91TY OF CA~~NA VERAL~ FLORIDA ~ I,F'/! /1/, " . Iii /, ltil...41 I ~(,-vJ4...e)L/ Mary Russell, Chairperson -- -.J City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL, Case No: 2007-00021 A Florida municipal corporation, Complainant, v. Owner of the Property: Donald J. Regan Jr. Respondent( s): Donald J. Regan Jr. 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 W!THIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMED!ATEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 105 Justamere 2. Name and address of owner(s) of property where violation(s) exist(s): Donald J. Regan Jr. 105 Justamere Rd. Cape Canaveral, FI. 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 City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00021 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: Donald J. Regan Jr. 105 Justamere Respondent( s) Donald J. Regan Jr. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 22nd day of March, 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. 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:Sec. 34-96 (d) Standards Established (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings, nonetheless both require maintenance in order to retain a good appearance. (b) The owner of every single-family or multiple-family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple-family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. Florida Building Code (FLBC) Section 107: Temporary Structures and Uses; The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. FLBC Section 107.2: Conformance: Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of this code as necessary to ensure the public health and safety. Chapter 110, Section 468, (a); Accessory Structure No accessory building shall be used for any home occupation or business or for permanent living quarters; it shall contain no kitchen or cooking facilities. it may be used for housing temporary guests of the occupants of the main building, it is not to be rented or otherwise used as a separate dwelling. A complaint was filed and a site inspection revealed trash and debris all over the property and a temporary structure with out a permit. The complaint claims your are allowing someone to reside in the shed. Staff has cited you before regarding allowing the shed to be occupied You may not run extension cords to the shed to provide power. 4. Recommendation to correct the vio!ation(s) described above: You must remove a!! trash and debris fiOm the property', remove the temporary structure or obtain a permit and the required approved final inspections. Please remove the occupant that is residing in the shed. 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 C~ Canaveral. / 1 / I ,/ 7 I ,i ~ I A / / -P__ ( lvX//J..f--- /' .-----_ \. Duree Alexander ~. Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00040 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: Zacharias & Adamantia Ligerakis 8799 Astronaut Blvd., Cape Canaveral Respondent( s) Zacharias & Adamantia Ligerakis A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 22nd day of March, 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 P,ll..RTY, INCLUDING THE CITt 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. ro fuis 13fu dayo! ~~~h' 2007 ).lLA/~I'24tO~ 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 2/15/2007 THE CITY OF CAPE CANAVERAL, Case No: 2007-00040 A Florida municipal corporation, Complainant, v. Owner of the Property: Zacharias & Adamantia Ligerakis Respondent(s): Zacharias & Adamantia Ligerakis 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 twenty (20) 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 IM~\!1EDIATEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 8799 Astronaut Blvd., Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist(s): Zacharias & Adamantia Ligerakis 531 Sunset Lakes Dr. Merritt Island, FI. 32953 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 · SUNCOM: 982-1220 · FAX: (321) 868-1248 wvvw.myflorida.com/ cape · e-mail: ccapecanaveral@cf1.rr.com 3. Description of Violation(s) at property:SEC 78-35 Maintenance of plumbing system. Sec. 78-35. Maintenance of plumbing system. he owner of the property shall be responsible for maintaining and keeping clean the sewer pipes leading and connecting from the plumbing system to the city main. However, maintenance of structural integrity of laterals shall be the city's responsibility up to the property line. Florida Statute 877.09 877.09 Tampering with or damaging sewer systems. (1) Whoever willfully or fraudulently, without the consent of any person, firm, or corporation or lessee, trustee, or receiver owning, leasing, operating, or managing any sewer system, shall tap, make or cause to be made any connection with, injure or knowingly to suffer to be injured, tamper or meddle with, plug or in any way hinder, use without authorization, or interfere with any lines, mains, pipes, laterals, collectors, connections, interceptors, manholes, appliances, or appurtenances used for or in connection with any sewer system and belonging to such person, firm, or corporation or lessee, trustee, or receiver, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A site visit on January 29, 2007 revealed an uncapped sewer line allowing raw sewage to drain into the street. Public Works was contacted and they attempted to clean the line. Staff witness excessive grease being pumped out of the line. Research revealed that your grease trap is only being cleaned out every ninety days. It is illegal to dump grease into the sewer system. State of Florida Department of Health Chapter 64E-6 Florida Administrative Code provides for the following equation regarding grease trap size requirements: Restaurants: (S) X (GS)X(HR/12) X (LF)=effective capacity of grease interceptor in gallons. (GS=gallons of waste water per seat; use 25 gallon for ordinary restaurants; S=seats;HR=number of hours establishment is open; LF=Load factor: use 2.0 interstate highway, 1.0 main highway: M=meals; GM=gallons of wastewater per meal use 5 gallons; LF=loading factor: use 1.00 with dishwashing and. 75 without. 4. Recommendation to correct the violation(s) described above: The minimum volume of any grease interceptor shall be 750 gallons and the maximum volume of an individual single grease interceptor chamber shall be 1250 gallons. You must have the grease trap cleaned out every month and provide the City documentation regarding the number of times it is cleaned out. Staff is also requesting your provide a statement regarding how all other types of grease are disposed of. You have placed seating outside the restaurant. Per Appendix 8 the Schedule of Fees you will be assessed an additional $292.23 per seat for the commercial impact assessment for the increase in seating for your restaurant. Failure to comply within twenty (20) 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 " . / I ? I I ~ ______ If I /-,/ /'7 , I, J II -I,7JJ / f/#/7~ i'\........~./~L . I ' -_. \.Duree Alexander Code Enforcement Officer