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HomeMy WebLinkAboutCEB AGENDA PKT 08-23-07 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE AUGUST 23, 2007 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: September 20, 2007 NEW BUSINESS: Approval of Meeting Minutes: July 30, 2007 COMPLIANCE HEARINGS: 1. Case No. 06-00068 - Violation of Section 108.1.1, Unsafe Structures; Section 303.1, General; Section 303.11 Stairways, Decks, Porches, & Balconies, of the International Property Maintenance Code, as adopted by Section 82-22"1, of the Cape Canaveral Code of Ordinances, (616 Monroe Ave.) - Lisa R. Stuart & Marc G. Silberman, Property Owner. (In compliance) PUBLIC HEARINGS: 1. Case No. 07-00063 - Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (276 Polk Ave.) - Charles & Sharon Lee Hance, Property OwneL 2. Case No. 07-00110 - Violation of Section 14-56, Existing Development; Section 14-55, New Development, of the City of Cape Canaveral Code of Ordinances, (8700 Ridgewood Ave.) - Ocean Oaks Condominium Association, c/o Petey Davis, R.A. t ;;y;.,"\ Cc/,.?i'4'dC>_J 3. Case No. 07-00113 - Violation of Section 14-56, Existing Development; Section 14-55, New Development, of the City of Cape Canaveral Code of Ordinances, (8470 Ridgewood Ave.) - Flores Dei Mar Condominium Association, cio Petey Davis, R.A. 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 Code Enforcement Board Agenda August 23, 2007 Page 2 4. Case No. 07-00117 - Violation of Section 34-98, Building Appearance & I\A~int.on,=,n,....o.. Q.o.,...ti"n ~A O~ Cf......n,..l,."rrlt" Ct"+_hli,...h_....J. C__4-;__ 01"') -1,., I I___.f:.... .VIUIIII.VIIUII\.I'V, '-.I'\......\JLlVII VI'=vV, '-'I.C;UIUCI U..;:J L--.JlOUllvIIGU, vv'VlIVII UL,- I L, UII;:'Qlv Buildings or Systems; Section 82-56, Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions Permissible By the Board of Adjustment, of the City of Cape Canaveral Code of Ordinances, (104 Monroe Ave.) - Dawn M. Heath, R.A. 5. Case No. 07-00127 - Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31; and Section 34-122, of the City of Cape Canaveral Code of Ordinances, (8523 Canaveral Blvd.) - Ahmad Nasajpour, Property Owner. DISCUSSION: Legal Issues in Code Enforcement 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 wili 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 other..vise 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 JUL Y 30, 2007 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on July 30, 2007, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Vice Chairperson Craig Stewart called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Craig Stewart Vice Chairperson Charles Biederman Walter Godfrey James Hale Karen Hartley Edward Ciecirski 1 st Alternate Lynn Mars 2nd Alternate MEMBERS ABSENT Mary Russell Chairperson Raymond Viens OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Bob Haag Mayor Pro Tem Shannon Roberts City Council ~v1ember Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on August 23, 2007. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: June 25.2007. Motion by Mr. Hale, seconded by Mr. Biederman, to approve the meeting minutes of June 0&;' ')n('\7 ""t"" uu..i++,,1""\ \ /,....+,.... ^r"'t +h_ 1"'\"'\.......+;""'1""\ ""'_1"'1"":_....1 II___;~,,",I .,..1,1 &.;.\J, L..VVI, O\J VVIlllCiII. VOl'CI VII LlI-C;;; IllUlIVl1 vQlln:::;u ullalllllluU~IY, Code Enforcement Board Meeting Minutes July 30, 2007 Page 2 COMPLIANCE HEARINGS: 1. Case No. 06-00059 - Violation of Section 82-221. International Property Maintenance Code (IPMC) Adopted; IPMC Section 108.1. General: IPMC Section 108.1.1. Unsafe Structures: Section 82-31. Florida Buildinq Code Adopted: Sections 104.1.1. and 105.4. Florida Buildinq Code - Permits & Inspections. of the City of Cape Canaveral Code of Ordinances. (7902 Ridqewood Ave.) - Michael Conroy. 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 violation is for an unsafe structure, and work without a permit or the required inspections. Officer Alexander testified that the respondent requested an additional extension to obtain a permit and complete the balcony repairs. She further stated that the respondent lives in North Carolina and that the property is not occupied. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 108.1, General; and Section 108.1.1, Unsafe Structures, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code; and Section 104.1.1, and 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City Code and be given until October 18, 2007 to come into compliance or be fined one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Motion by Mr. Stewart, seconded by Mr. Hale, to accept staff's recommendation and amend the Board Order to give the respondent until October 18, 2007 to come into compliance or impose the fines previously ordered. Vote on the motion carried by a 6 to 1 majority with Mr. Mars voting against. 2. Case No. 06-00068 - Violation of Section 108.1.1. Unsafe Structures: Section 303.1. General: Section 303.11 StairwaY'sLDecks. Porches. & Balconies. of the International Property Maintenance Code. as adooted by Section 82-221. of the Cape Canaveral Code of Ordinances. (616 Monroe Ave.) - Lisa R. Stuart & Marc G. Silberman. PropertyOwner. 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 violation is for an unsafe structure. Officer Alexander stated that the respondent has hired a new contractor who has obtained a permit to repair the balcony. She further stated that the contractor informed her that the work would be completed within one week and he \^Jould cal! for the inspection. Officer A!exander requested that the Board give the respondent additional time to come into compliance. Motion by Mr. Godfrey, seconded by Mr. Ciecirski, to accept staff's recommendation and amend the Board Order to give the respondent until August 23, 2007 to come into compliance or impose the fines previously ordered. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes July 30, 2007 Page 3 PUBLIC HEARINGS: 1. Case No. 07-00063 - Violation of Section 105.1 , Required; and Section 109.1 General. of the Florida Buildinq Code, as adopted bv Section 82-31 , of the City of Cape Canaveral Code of Ordinances, (276 Polk Ave.) - Charles & Sharon Lee Hance, 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 is in violation of installing windows without the required permit and inspections. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code and be given until August 23,2007 to come into compliance or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) 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 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code and be given until August 23, 2007 to come into compliance or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried by a 6 to 1 majority with Mr. Mars voting against. r; Case No. 07-00079 - Violation of Section 105.1. Required: and Section 109.1 L.. General. of the Florida Building Code, as adopted by Section 82-31. of the City of Cape Canaveral Code of Ordinances. (808 Bayside Dr.) - Eric & Sonia Danoy. Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 3. Case No.Q7-00108 - Violation of Section 14-56LExistinq Development: Section 14-55. New Development. of the City of r.::Ioe r.::In::lvera! Code of Ordinances. (7520 Ridgewood Ave.) - Cynthia Shaffer. 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 two night inspections revealed that lighting on the Canaveral Towers Condominium building was directly visible from the beach, in violation of the turtle lighting ordinance. Officer Alexander stated that the association has been "vorking to improve the condition by replacing the windows and doOis in individual units; however, the common areas are still in violation. Officer Alexander explained that the lights in the stairways, balconies, and pool areas need to be shielded, redirected or changed to a low level sodium lights. Cynthia Shaffer, Condominium Association Manager, testified that shields were installed last year and thought that the shields were sufficient, based on the fact that they didn't hear anything to the contrary from the City. Ms. Shaffer stated that the maintenance man has removed one light in each stairway and the remaining lights are shielded. Code Enforcement Board Meeting Minutes July 30, 2007 Page 4 She further stated that they are afraid to take out any more lights in the stairway, as it could affect the safety of the residents. Ms. Shaffer explained that they will experiment with the fluorescent lights and would like for the City to inspect them before the association purchases all the bulbs necessary to complete the job. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 14-56, Existing Development; and Section 14-55, New Development, of the City of Cape Canaveral Code of Ordinances and be given until September 20, 2007 to come into compliance or be fined five hundred dollars ($500.00), as provided by Section 14-53, plus one hundred dollars ($100.00) for the first day of non-compliance and fifty dollars ($50.00) everyday thereafter until found in compliance. Discussion followed. It was the consensus of the Board that the condominium association is attempting to come into compliance and would like to give them additional time to complete their efforts. The Board determined that the first meeting following the start of turtle season would be May 22, 2008. Motion by Ms. Hartley, seconded by Mr. Ciecirski, to accept staff's recommendation and find the respondent in violation of Section 14-56, Existing Development; and Section 14- 55, New Development, of the City of Cape Canaveral Code of Ordinances and be given until May 22, 2008 to come into compliance or be fined five hundred dollars ($500.00), as provided by Section 14-53, plus one hundred dollars ($100.00) for the first day of non- compliance and fifty dollars ($50.00) everyday thereafter until found in compliance. Vote on the motion carried unanimously. 4. Case No. 07-00109 - Violation of Section 14-56. Existing Development: Section 14-55. New Development. of the City of Cape Canaveral Code of Ordinances. (8600 Ridgewood Ave.) - Keith A. Acker. General Manaaer. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that two night inspections revealed the lights associated with the Royal Mansions building were directly visible from the beach due to the globe-type of lighting used, and the fact that the sea grapes have been cut back. Keith Acker, General Manager, testified that they are working on replacing the lights with turtle-friendly, amber color lighting. Mr. Acker stated that they have purchased lights for the balconies that are shaded in the front and shine down on the balcony only. Mr. Acker further stated that the sidewalk light poles would be cut down in height and they would replace the heads so that the light will shine down on the walkway only. Mr. Acker expressed his concerns regarding public safety if the lights VJere dimmed too much; hovvever, he is trying to come into compliance vvith the City. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 14-56, Existing Development; and Section 14-55, New Development, of the City of Cape Canaveral Code of Ordinances and be given until September 20, 2007 to come into compliance or be fined five hundred dollars ($500.00), as provided by Section ..14-53, plus one hundred dollars ($100.00) for the first day of non-compliance and fifty dollars ($50.00) everyday thereafter until found in compliance. Discussion followed. Code Enforcement Board Meeting Minutes July 30, 2007 Page 5 Motion by Ms. Hartley, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation of Section 14-56, Existing Development; and Section 14-55, New Development, of the City of Cape Canaveral Code of Ordinances and be given until May 22, 2008 to come into compliance or be fined five hundred dollars ($500.00), as provided by Section 14-53, plus one hundred dollars ($100.00) for the first day of non- compliance and fifty dollars ($50.00) everyday thereafter until found in compliance. Vote on the motion carried unanimously. REPORTS: 1. Case No. 07-00095 - Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; and Section 603.1, Mechanical Equipment; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances, (201 International Dr. Unit #222) - Michael S. Sexton, Property Owner. (Lien filed 6/29/07) DISCUSSION: 1. Code Enforcement Civil Citation Codes Assistant City Attorney, Kate Lattore explained the Civil Citation Code including the list of code offenses, the violation classifications, and the possible penalty. Ms. Lattore further explained that the Code requires that a warning citation shall be issued first and then the citation ticket could be issued and appealed only to the county court. The Civil Citation Code is an additional Code Enforcement tool that could be used as an alternative procedure. Discussion followed. Motion by Mr. Hale, seconded by Mr. Stewart, to recommend the City Council approve the proposed Civil Citation Code. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 9:08 P.M. Approved on this day of ,2007. Craig Stewart, Vice Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral NOTICE OF COMPLIANCE DATE: 8/06/2007 Lisa R. & Marc Stuart & Sliberman 5224 Tipton Street San Diego, CA 92115 CODE ENFORCEMENT CASE #: 2006-00068 LOCATION OF VIOLATION: 616 Monroe Avenue, Cape Canaveral, PROPERTY PARCEL #: 24 372304 8 The above property was found to be in compliance on August 2, 2007, obtaining the required permit and approved final inspection for the repair of the railings located on the rear balcony. Sec. 82-221, "International Property Maintenance Code Adopted": IPMC Chapter 108, Section 108.1.1, Unsafe Structure IPMC Chapter 303, Section 303.1, General IPMC Chapter 303, Section 11, Stairways, Decks, Porches & Balaconies Your cooperation in this matter was greatly appreciated. If you have any questions please call Code Enforcement in the Building Department at (321)868-1222. Sfcfre'y, /"\ .Jf ...,........, l l / J/.. _ /./ l ' Ul7 '1: l" ILI:{t'Ut( \:1 .i:;,,<:&''';;Z .~~_.~ 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 THE CITY OF CAPE CANAVERAL Case No. 2007-00063 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at 276 Polk Ave. Cape Canaveral, FI. 32920 Respondent( s) Charles & Sharon Lee Hance H/W A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 23,2007 at 7:00 p.m. or as soon thereafter as 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 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 rnay 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. DAlED this 13th day of August, 2007 II/if /) "j, r"-II/ _ / J AllLl>[L~fl/:J::'22/U:L_....-J 'Duree Alexan er ' Code Enforcement Officer 105 Polk Avenue e Post Office Box 326 e Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 e SUNCOM: 982-1222 e FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #07-00063 A Florida municipal corporation, Complainant, v. Charles & Sharon Lee Hance Owner of the Property located at: 276 Polk Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEAWT 9,10 EXN 17 FTRD R1W BLK43 PLAT BOOK 003 PAGE 0007 Respondent, / ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on July 30, 2007 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law 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. That Respondent vIas provided a f'Jotice of Violation in accordance vvith Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 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.comfcape · email: ccapecanaveral@cfl.rr.com Case #07-00063 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes 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 August 23, 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 duly 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 that 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 and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. The Clerk of the Code Enforcement Board shall 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 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 30th day of July, 2007. CODE ENFORCEMENT BOARD OFTHE CITY OF CAPE CANA VE:RAL, FLORIDA /(~'4 II /Ik;:-~fl' / -~,^",~,~._.,~,.,..,,~ . (t~"'/ / / /,;;!. tCj/ t / "'-' ",. ( ,.' /'/ ;.~(~ ( , Cra1g Stewart; Vice' Chairperson f L,,/ Case #07-00063 Copies furnished to: Charles & Sharon Lee Hance, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (5) and/or Respondent's authorized representative on this ~ day of -~0Lv ,2007. , 4~~ Joy Lombardi, Board Secretary 11 " ,. , / I 1._ /, , U // /;llp:(!2~J Duree Alexander, Code Enforcement Officer 'Z- \ ~\ - J fT1j _ . . ;0/ . Metum Receipt Fee ,....,:rOSlmfrk;1 IEndors. ement Required) ,~Here ,>>'1'-. ' . Restricted Delivery Fee :::;;;.) ^' (Endorsement Required) ToreiP 08/01/2007 SenlTo Charles & Sharon Lee Hance H/W 1 'Sfreef,"A PO Box 55454 p - ' .------- ::"n?~~ Riverside Ca 92517 CllJl,Stat ,. tV!t, '/ m------- - ~ ':.....~;:,.'.z.IfJ,; ~r , . ~ _ '"' _ _ _ . . . City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00110 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 8700 Ridgewood Avenue, Cape Canaveral Respondent( s) Ocean Oaks Condominium Association, Inc. C/O Petey Davis R. A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 23,2007 at 7:00 p.m. or as soon thereafter as 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 attached as EXHIBIT "An 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 lega! 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 EV!DENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 13th dav of Auaust 2007 / J . . //}. J ;; . '.,r'" ~.~. ~J. ~ JL ' ~ / I { . b1 if t' .' /1 t?t2'll ~. 'Duree Alexander Code Enforcement Officer 105 Polk Avenue " Post Office Box 326 " Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 " SUN COM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape " email: ccapecanaveral@dl.rr.com City of Cape Canaveral CITY OF CAPE CANAVERAL Case No. 2007-00110 A Florida Municipal Corporation, 06/06/2007 Complainant, v. Owner(s) of the property located at: 8700 Ridgewood Avenue, Cape Canaveral Respondent( s) Ocean Oaks Condominium Assocation, Inc. C/O Petey Davis R. A. NOTICE OF VIOLATION PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within twenty (20 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE ViOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMED!ATEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. -1 PiOperty where vioiation(s) exist(s): .. 8700 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Ocean Oaks Condominium Association, Inc. C/O Petey Davis R. A. 1980 N Atlantic Avenue Unit 701 Cocoa Beach, FI 32931 105 Polk Avenue · Post Office Box 326 s Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape . email: ccapecanavera1@dl.rr.com 3. Description of Violation(s) at property: SEA TURTLE (a) The purpose of this article is to protect the endangered and threatened sea turtles which nest along the Atlantic Ocean beaches in the city by safeguarding the nesting sea turtles and sea turtle hatchlings from sources of artificial light on the beaches within the jurisdictional boundaries as defined by this article. (b) The scope of this article shall be limited to that area defined in this article as the jurisdictional boundary. Sec. 14-56. Existing development. It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, lighting of all structures which illuminate the beach shall be in compliance with the following: (1) Artificial lighting shall conform to section 14-55(a); or (2) Artificial lighting used to illuminate buildings and grounds which directly or by refraction or reflection illuminates the beach above the levels established in section 14-55 shall be turned off from 9:00 p.m. until 7:00 a.m. every day during the period of May 1 to October 31 of each year. Automatic timers may be used to provide consistent compliance. Sec. 14-55. New development. (a) It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, building and electrical plans associated with parking lots, dune walkovers or other outdoor lighting for development of real property within the jurisdictional boundaries shall be in compliance with the following: (1) Except as set forth in subsection (a)(2) of this section, no more than 0.5 foot-candles of artificial illumination shall be cast upon the beach. Appropriate techniques for reducing artificial illumination include but are not limited to fitting lights with hoods or shields, screening artificial light with vegetation or other devices, directing light away from beach area, utilizing low-profile lighting and lowering the light intensity of the lamps. (2) No more than two foot-candles of artificial illumination shall be cast upon the beach when the spectral distribution of the light bandwidths is between 560 and 620 nanometers. Commercially available lighting that satisfies the spectral criteria include low-pressure sodium lamps. (3) No lamp shall be directly visible from the beach. The use of opaque materials for screening and hooding the lamps are techniques which may be used to limit visibility from the beach. (4) Parking lots where vehicle headlights may cast light onto the beach so as to be in violation of this article shall be screened to eliminate excess light on the beach. The lights on your building are directly visible from the beach. You are in violation of the City of Cape Canaveral Code of Ordinances as stated above. 4. Recommendation to correct the violation(s) described above: Artificial lights used to illuminate your property, which directly or indirectly illuminates the beach above the allowed levels must be turned off during the hours of 9:00 p.m. until 7:00 a.m.. You may choose to shield or screen the artificial lighting in iieu of turning the lights off; however you still must comply with the above requirements. 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 of the recommendations contained herein, do not hesitate to contact the belm." signed Code Enforcement Officer at the City or Cape Canaveral. /'1 "7 /. I -/]4~ (JJwM~' (J ~ "- Code Enforcement Officer .. Attachments: Photo's City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00113 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 8470 Ridgewood Avenue, Cape Canaveral Respondent( s) Flores Del mar Condo. Assoc. Inc. C/O Petey Davis R. A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 23,2007 at 7:00 p.m. or as soon thereafter as 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 attached as EXHIBIT "An 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 vioiation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real properoj 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 CiTi OF CAPE CANAVERAL, MAY APPEAL A FiNAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DArED this 13th day of AUQust, 2007 /1 l . Y /1 , . .?;." ~. , #' I I f: kUY; /clRyL2/}( W~ ) Duree Alexander Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 e Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · emaiI: ccapecanaveral@cfl.rr.com City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00113 A Florida Municipal Corporation, Complainant, v. Owner(s) of the property located at: 8470 Ridgewood Avenue, Cape Canaveral Respondent( s) Flores Del Mar Condo. Association, Inc. C/O Petey Davis R. A. NOTICE OF VIOLATION PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within twenty (20 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE ViOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMED!ATEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. ~ Property where vioiation(s) exist(s): I. 8470 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Flores Del Mar Condo. Association, Inc. C/O Petey Davis R. A. 1980 N Atlantic Avenue Unit 701 Cocoa Beach, FI32931 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape .. email: ccapecanaveral@dl.rr.com 3. Description ofViolation(s) at property: SEA TURTLE (a) The purpose of this article is to protect the endangered and threatened sea turtles which nest along the Atlantic Ocean beaches in the city by safeguarding the nesting sea turtles and sea turtle hatchlings from sources of artificial light on the beaches within the jurisdictional boundaries as defined by this article. (b) The scope of this article shall be limited to that area defined in this article as the jurisdictional boundary. Sec. 14-56. Existing development. It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, lighting of all structures which illuminate the beach shall be in compliance with the following: (1) Artificial lighting shall conform to section 14-55(a); or (2) Artificial lighting used to illuminate buildings and grounds which directly or by refraction or reflection illuminates the beach above the levels established in section 14-55 shall be turned off from 9:00 p.m. until 7:00 a.m. every day during the period of May 1 to October 31 of each year. Automatic timers may be used to provide consistent compliance. Sec. 14-55. New development. (a) It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, building and electrical plans associated with parking lots, dune walkovers or other outdoor lighting for development of real property within the jurisdictional boundaries shall be in compliance with the following: (1 ) Except as set forth in subsection (a)(2) of this section, no more than 0.5 foot-candles of artificial illumination shall be cast upon the beach. Appropriate techniques for reducing artificial illumination include but are not limited to fitting lights with hoods or shields, screening artificial light with vegetation or other devices, directing light away from beach area, utilizing low-profile lighting and lowering the light intensity of the lamps. (2) No more than two foot-candles of artificial illumination shall be cast upon the beach when the spectral distribution of the light bandwidths is between 560 and 620 nanometers. Commercially available lighting that satisfies the spectral criteria include low-pressure sodium lamps. (3) No lamp shall be directly visible from the beach. The use of opaque materials for screening and hooding the lamps are techniques which may be used to limit visibility from the beach. (4) Parking lots where vehicle headlights may cast light onto the beach so as to be in violation of this article shall be screened to eliminate excess light on the beach. The lights from the exterior stairwells and porch lights are directly visible from the beach. You are in violation of the City of Cape Canaveral Code of Ordinances as stated above. 4. Recommendation to correct the violation(s) described above: Artificial lights used to illuminate your property, which directly or indirectly illuminates the beach above the allowed levels must be turned off during the hours of 9:00 p.m. until 7:00 a.m.. You may choose to shield or screen the artificial lighting in lieu of turning the lights off; however you still must comply with the above requirements. 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 of the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Case Canaveral, /) /: . ~ l u eeAlexan e ~ -~ , Code Enforcement Officer Attachments: Photo's City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00117 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 104 Monroe Avenue, Cape Canaveral Respondent( s) Heath & Heath Systems Inc. CIO Dawn M. Heath, R. A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 23,2007 at 7:00 p.m. or as soon thereafter as 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 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 lega! in nature, you may wish to have lega! 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 TEST!MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DA:FED thi!'; 13th d:::lv of AIJOlJ!';t ?OO7 -/'1- ....- .-... -~J -.. ._.",n., --~. ~ivtU:1t;pcun. - uree 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 THE CITY OF CAPE CANAVERAL Case No. 2007-00117 A Florida Municipal Corporation, 7/11/2007 Complainant, v. Owner( s} of the property located at: 104 Monroe Avenue, Cape Canaveral Respondent( s} Dawn M. Heath, R. A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s} is/are hereby notified that corrective action(s} to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATiON(S) is/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property 'INhere vioiation(s) exist(s): 104 Monroe Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Dawn M. Heath, R. A. 7814 N Atlantic Avenue, Cape Canaveral, FI 32920 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at property: Sec.34-98 Building appearance and maintenance Sec. 34-98. Building appearance and maintenance. (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. (8) Any commercial or industrial building vacant for more than 15 days shall be maintained in a suitable manner. All glass surfaces visible to the public shall be kept clean and screened from the inside, and the adjacent lawns, landscaping, driveways and fences shall be maintained regularly. 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. 82-12. Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or other provisions of the City of Cape Canaveral Codes. ARTICLE III. UNSAFE BUILDING ABATEMENT CODE Sec. 82-56. Standard Unsafe Building Abatement Code adopted. The Standard Unsafe Building Abatement Code, 1985 edition, as published by the Southern Building Code Congress International, Inc., is hereby adopted by reference and incorporated herein as if fully set. The Standard Unsafe Building Abatement Code is hereby amended to read as follows: (a) Section 105.1. The construction board of adjustment and appeals shall serve as the board of adjustment and appeals for this code. (b) Section 605. Cost of repair or demolition; lien on property: collection. 1. Upon repair or demolition of any building or structure, either with city crews or by independent contractor, all costs of demolition and/or repair shall be assessed against and constitute a lien on the property upon which the building or structure is/was situated. The lien shall be equal in rank, priority and dignity with the lien of Brevard County ad valorem taxes and shall be superior to all other liens, encumbrances, titles and claims in, to or against the property. Cost shall include, but not limited to, administrative cost, attorney's fees, postage, newspaper publication fees and actual costs of physical removal and/or repair. Sec. 110-334. Special exceptions permissible by board of adjustment. (a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (c) Special exceptions may be permitted for the following: (3) IA~utomotjve service stations, subject to the follov/ing: h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, \^/hether consecutive or accumulated. j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. I. Engine and transmission overhaul may be performed only inside the service bays. Staff met with you on July 27, 2005, and provided a copy of the violations on the property. (copy attached) Staff also provided you with a Preliminary Code Enforcement Agreement. (copy attached) The property was posted unsafe on July 22, 2005. To date nothing has been done to correct any of the violations. The property is not being maintained and it appears that you are allowing vehicle repairs in the bays. 4. Recommendation to correct the violation(s) described above: Staff is requesting that the following be done with 15 days of the receipt of this notice, unless otherwise stated: 1. Cease and desist vehicle repairs, remove the vehicles and vehicle parts from the property, 2. Cut and maintain the grass and weeds; remove all trash and debris, 3. Repair the fencing around the property, 4. Paint any portions of the structure that are faded, peeling paint or showing signs of lack of maintenance, 5. Provide staff with an affidavit from an electrical contractor regarding the level of public safety compromised by the existing electrical conditions, 6. Affidavit from a general contractor regarding the level of public safety compromised by existing structural conditions, 7. Contract with an electrical contractor indicating that all electrical violations will be corrected within 6 months from the reciept of this letter, 8. Contract with a licensed general contractor indicating that all structural violations will be corrected within 6 months from the reciept of this letter, or 9. Obtain a demolition permit to remove the structure and the required approved final inspection(s). 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 . ......cpntained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of / Cape Canaveral. / I ) />lJ /J , .I.. /<.-(. " ,'/7/ / ./.") ../ /-;) 7' 1. ~ ~ /(..~ ex /.. / -c. - G.... ~ ' -;t:; -'~~ /(,..., ~ _.'~ Duree A!ex~n~er Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00127 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: 8523 Canaveral Blvd., Cape Canaveral, FI Respondent( s) Ahmad Nasajpour, Property Owner A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 23,2007 at 7:00 p.m. or as soon thereafter as 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 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 V!, 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. 7.&<f::Fp this 13th day of August, 2007 I ;J. 11. J -I" ..,-...... / d If / J '~ "i Uf. 0<h I ifttLY-i( .~ .,..~ - . uree Alexander ~ Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@dl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2007-00127 A Florida Municipal Corporation, 7/11/2007 Complainant, v. Owner( s) of the property located at: 8523 Canaveral Blvd., Cape Canaveral, FI Respondent( s) Ahmad Nasajpour, Property Owner PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE 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): 8523 Canaveral Blvd., Cape Canaveral, FI 2. Name and address of owner(s) of property where violation(s) exist: Ahmad Nasajpour, Property Owner 3502 Palomino Road, Melbourne, Fi 32934 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. 82-31. Florida Building Code adopted. Sec. 82-31. Florida Building Code adopted. 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. FLBC 105.1 Required Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 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. 4. Recommendation to correct the violation(s) described above: You must obtain the required permit(s) and the approved final inspection(s) for the three new air conditioning handlers you have installed at your property located on Canaveral Blvd. Please maintain your property by mowing as needed to meet the requirements of the City Code of Ordinances. 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 ." _ i,'! U /. /7 (/ / ~ //'lJ.r~ ._AL '~,c___ \ ''Buree Alexarider ., Code Enforcement Officer