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HomeMy WebLinkAboutCEB AGENDA PKT 05-14-07 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE MAY 17,2007 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: June 21, 2007 NEW BUSINESS: 1. Approval of Meeting Minutes: April 19, 2007 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 Building Code Adopted; Sections 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (7902 Ridgewood Ave.) - Michael Conroy, Property Owner. 2. Case No. 06-00080 - Violation of Section 34-97, Duties & Responsibilities for Maintenance; Section 34-96, Standards Established; Section 34-122, Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, (210 Harbor Dr.) - Elizabeth a. Francis, Trustee. (In compliance.) 3. Case No. 06-00084 - Violation of Section 110-551, Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers, of the Cape Canaveral Code of Ordinances, (310 W. Central Blvd.) - Gilbert L. Patton, Jr., R.A. 4. Case No. 06-00102 - 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, (321 Washington Ave.) - Dale G. & Carol M. Allenbaugh, Property Owner. 5. Case No. 06-00121 ~ Violation of Section 82-221, International Property Maintenance Code (IPMC) Adopted; IPMC Section 602.1, Facilities Required; IPMC Section 602.2, Residential Occupancies; IPMC Section 602.3, Heat Supply; IPMC Section 603.1, Mechanical Equipment; and IPMC Section 505.4, Water Heating Facilities, of the Cape Canaveral Code of Ordinances, (415 Jefferson Ave.) - Trudy W. Mohme, Trustee. (In compliance.) 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, fL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 w\vw.myflorida.com/cape e email: ccapecanavera[@d1.rr.com PUBLIC HEARINGS: 1. Case No. 06-00067 - 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, (8758 Palm Way.) - Lousie M. Blanchet, Property Owner. (In compliance) 2. Case No. 06-00071 - 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, (7709 Ridgewood Ave.) - Scott & Kathleen Staples, Property Owner. DISCUSSION: 1. Chronic Nuisance & Code Enforcement Citation Codes 2. Correction of Minutes (June 23,2005) 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 APRIL 19, 2007 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 19, 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 Karen Hartley Raymond Viens Lynn Mars 2nd Alternate MEMBERS ABSENT Edward Ciecirski 1 st Alternate OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Bob Hoog Mayor Pro T em Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on May 17, 2007. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: March 22. 2007. Motion by Mr. Biederman, seconded by Mr. Hale, to approve the meeting minutes of March 22, 2007, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 19, 2007 Page 2 COMPLIANCE HEARINGS: 1. Case No. 06-00074 - Violation of 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. (221-223 Columbia Dr.) - The Plaza Owner Association. Inc.. c/o Jerry 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 the respondent is non-compliance with the Board Order. Darlene Brinkley, representative of Flagship Association Management, stated that they applied for a permit and is requesting additional time. Officer Alexander stated that staff would support the respondent's request for additional time due to the fact that they are making an attempt to resolve the issue. Motion by Mr. Godfrey, seconded by Mr. Viens, to grant an extension until June 21, 2007. Vote on the motion carried unanimously. 2. Case No. 06-00084 - Violation of Section 110-551. Location of Recreational Vehicles. Camping Equipment. Boats & Boat Trailers. of the Cape Canaveral Code of Ordinances. (310 W. Central Blvd.) - Gilbert L. Patton. Jr.. R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent is non-compliance with the Board Order. Officer Alexander stated that Bob Jolin (known as Bicycle Bob) was on the property during several site inspections. Craig Stewart explained that he has been working with Mr. Jolin and has filed the necessary paperwork to obtain his military benefits. Mr. Stewart stated that he is waiting for a record of service and it is a matter of time before Mr. Jolin will be able to be relocated. Motion by Mr. Viens, seconded by Mr. Godfrey, to grant an extension until May 17,2007. Vote on the motion carried unanimously. 3. Case No. 06-00085 - Violation of Section 82-12. Unsafe Buildina or Systems: Section 82-221. International Property Maintenance Code (IPMC) Adopted: IPMC Section 108.1.1. Unsafe Structures. of the Cape Canaveral Code of Ordinances. (7554 Magnolia Ave.) - TRSTE. LLC: cia Joseph E. Seagle. R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compiiance. Code Enforcement Board Meeting Minutes April 19, 2007 Page 3 4. 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, Water Heatinq Facilities, of the Cape Canaveral Code of Ordinances, (415 Jefferson Ave.) - Trudy W. Mohme, Trustee. Code Enforcement Officer, Duree Alexander testified that the respondent has made all the required repairs. However, an approved final inspection has not been obtained for the air conditioning unit. Officer Alexander requested that the Board grant an extension until April 30,2007. Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff's recommendation and grant an extension until April 30, 2007. Vote on the motion carried unanimously. PUBLIC 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 Ridgewood Ave.) - Michael Conroy. Property Owner. Code Enforcement Officer, Duree Alexander requested that the Case be postponed until May 17, 2007 due to the fact that proof of proper notification had not been received. Motion by Mr. Godfrey, seconded by Mr. Viens, to postpone the Case until May 17, 2007. Vote on the motion carried unanimously. .... Case No. 06-00062 - Violation of Section 82-221. International Property L. Maintenance Code (IPMC) Adopted; IPMC Section 108.1. General; IPMC Section 108.1.1. Unsafe Structures: IPMC Section 303.11. Stairways. Decks. Porches & Balconies. of the Cape Canaveral Code of Ordinances~ (7908 Ridqewood Ave.) Marsha K. & Kent C. Howe. 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 balcony is unsafe and that it has been posted as such. Officer Alexander stated that the respondent must obtain the required permit and inspections. Marsha Ho\^/e, property o\^/ner, testified that an Engineer that "vas helping her 'vvith the balcony decided, after eight weeks, that he did not "vant to do the job. Ms. Howe stated that she has another Engineer that has inspected the balcony and will provide a sealed drawing to reinforce and repair the balcony. Ms. Howe requested additional time to obtain a contractor, the permit, and the required inspections. Code Enforcement Board Meeting Minutes April 19, 2007 Page 4 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code, and be given until May 17, 2007 or be fined $150.00 for the first day and $100.00 for everyday thereafter, until the respondent is found in compliance. It was the consensus of the Board Members that the respondent would need more time. Motion by Mr. Godfrey, seconded by Mr. Viens, to find the respondent in violation of Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code, and be given until June 21 , 2007 or be fined $150.00 for the first day and $100.00 for everyday thereafter. Vote on the motion carried unanimously. 3. Case No. 06-00067 - Violation of 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, (8758 Palm Wav.) - Lousie M. Blanchet. Property Owner. Code Enforcement Officer, Duree Alexander, withdrew the Case from the agenda. 4. Case No. 06-00080 - Violation of Section 34-97. Duties & Responsibilities for Maintenance: Section 34-96, Standards Established: Section 34-122. Public Nuisances Prohibited. of the City of Cape Canaveral Code of Ordinances. (210 Harbor Dr.) - Elizabeth a. Francis, Trustee. Code Enforcement Officer, Duree Alexander requested that the Case be postponed until May 17, 2007 due to the fact that proof of proper notification had not been received. Motion by Mr. Stewart, seconded by Mr. Hale, to postpone the Case until May 17, 2007. Vote on the motion carried unanimously. 5. Case No. 06-00102 - Violation of SAction 82-31. Florida Ruilding Code Adopted: Sections 104.1.1. and 105.4. Florida Building Code - Permits & Inspections. of the City of Cape Canaveral Code of Ordinances. (321 Washington Ave.) - Dale G. & Carol M. Allenbaugh. Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case historj and presented exhibits for the Board's revie'lI. Officer Alexander testified that the respondent failed to obtain the required final inspection and the peimit has expired. Officer Alexander further stated that a new permit is required inciuding the final inspection. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 104.1.1, and Section 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City Code, and be given until May 17, 2007 or be fined $100.00 for the first day and $75.00 for everyday thereafter, until the respondent is found in compliance. Code Enforcement Board Meeting Minutes April 19, 2007 Page 5 Mr. Stewart stated that, in his opinion, it does not seem right to go after the homeowner because the contractor failed to call for a final inspection. Mr. Stewart questioned whether another contractor could pull a permit and call in the inspection. Mr. Godfrey replied that it is difficult because another roofing contractor would not want the responsibility for the roof. Discussion followed among the Board regarding holding the contractor responsible. Attorney Latorre stated that she would research the City Code. Motion by Mr. Viens, seconded by Mr. Stewart, to postpone this Case until the next meeting date (May 17,2007). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:35 P.M. Approved on this day of J 2007. Mary Russell, Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00059 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 7902 Ridgewood Avenue, Cape Canaveral Respondent( s) Michael Conroy A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 17, 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 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 APPE,Il,L IS TO BE BASED. r>""", DA l:;ED this 9th day of May, 2007 I~ / ,./.-, f // /IP; /"'--"'. (t?t~l~.:~/ a ~L02.~'2<~'-'->)~""",.., ',. J ..".'-"'''.. Duree Alexander Code Enforcement Officer 1 05 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 11/18/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00059 A Florida municipal corporation, Complainant, v. Owner of the Property: Michael Conroy Respondent(s): Michael Conroy PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violations( s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are herby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days from receipt of this notice. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 7902 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Michael Conroy 7Q(1') Oirl"'t~"H.J^^'" ^, ,__, I_ I oJ\JL.. I '\.IY::1'1i;;'VVVVU /"",\VCIIUC Cape Canaveral, Fl 32922 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description ofViolation(s) at Property: INTERNAT, Section 108; Unsafe Structures and Equipment 108.1 General; When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures: An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible. The Florida Building Code 2004 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. Florida Building Code; Chapter 104 Section 104.1.1, Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system or to cause any work to be done shall first make application to the building official and obtain the required permit for work Florida Building Code; Chapter 105 Section 105.4, The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas mechanical or plumbing system upon completion. On July 26, 2006 a Courtesy Request was sent to you requiring that you repair/replace your balcony, and obtain the required permits for the proposed work, and the work that has been completed without a permit. You will also be required to obtain all approved final inspections. 4. Recommendation to correct the violation (5) described above: Repair/replace your balcony and obtain a permit for the work that has been completed to include all required approved inspections to be in compliance. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the rec;olTImendations contained herein do not hesitate to contact the below signed Code Enforcement Officer a,rthe City of Cape Canaveral. / J /" //)'" #1// /' / i I! . /- iff' .' !L i JI 1/,' /_" /' 1/\ / / //./ if /_/1/ //''';>'';; l ,j, l ,/j',"--t.'LL-C y""eil L--'-".i::-c-___,;&--,/i..--(\-,~.( _"_m~~~ \Duree Alexander " Code Enforcement Officer City of Cape Canaveral NOTICE OF COMPLIANCE DATE: 5/09/2007 Elizabeth A. Francis Trustee C/O Bert Francis 1501 Black Bear Court Winter Springs, Florida 32708 CODE ENFORCEMENT CASE #: 2006-00080 LOCATION OF VIOLATION: 210 Harbor Drive, Cape Canaveral, PROPERTY PARCEL #: 24371425 67 The above property was found to be in compliance on April 28, 2007, by removing all dead vegetation; trash and"debris; mowing the property and removal of the deteriotated fence. Sec. 34-97; Duties and Responsibilities for Maintenance. 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. s.~gee-rely, .'/ ,c-' r'''''''''-'-' .,- }/,,/" I "i F /. 1;;/ /) f ,( f / -I , ! Iitt./.;;' t!~ /"7/ ,!"," 'j" /1 "{/' I, 6Jfe;e'Ai~xa~def CLr'[?~~, Code Enforcement Officer C: Mike Ingram, 218 Harbor Drive, C.C. 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 Code Case:2006-00084 A Florida Municipal Corporation, Date: 4/9/07 Complainant, v. Gilbert L. Patton, Jr. R. A. Owner( s) of the property located at: 310 W. Central Blvd., Cape Canaveral Respondent( s) Gilbert L. Patton, Jr. R. A. NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) May 9,2007, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated January 18, 2007, requiring the respondent(s) to correct such violation(s) by April 19, 2007. The respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board on April 19, 2007, and was given until May 17, 2007, to correct any violation as set forth in its Board Order. The respondent has violated the City of Cape Canaveral Code of ordiances, to wit: Chapter 110, Section 551, Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers, of the City Code. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing before the Code Enforcement Board, as set forth in the Amended Code Enforcement Board Order dated April 17, 2007. 1. Property where violation(s) exist(s): 310 W. Central Blvd., Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Gilbert L. Patton, Jr. R. A. 1160 N Montego Bay Drive Merritt Island, Fl 32953 3. iSlescription of vioiation( s) at Property: // Sec. 110-551 Recreational. Vehicles, Boats,Trailer >; j ./} 41d'" In_ //fil" l i : ,,//" ',///;:?~ , " 11&t /f dLr / L k>~.'<",~ ./~ f ,f.(,..... '-', II " "'--"'~-""""'''''~'_"".,.~_.,.,~~.,~,_ 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 CITY OF CAPE CANAVERAL, Case #06-00084 Florida municipal corporation, Complainant, v. G. Patton Enterprises, Inc. c/o Gilbert L. Patton Jr., R.A. Owner of the Property located at: 310 W. Central Blvd. Cape Canaveral, FL 32920 LEGAL: PART OF GOVT LOT 3 AS DES IN ORB 1876 PG 56 Respondent, / AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on January 18, 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. FindinQs of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with Section 162.12, Florida Statutes; 2. That a violation of Section 110-551, Location of Recreational Vehicles, Camping EnIJinmp.nt Rn~t!': f? Boat Trailers, of the City Code, existed upon the Property and further ~-I-.-r----'.-J ---....... -- provided a reasonable time to correct said vioiations; ') The Respondent either failed or refused to correct such violations within the v. reasonable time period provided in the Notice of Violation; that the Respondents were provided notice of the hearing before the Code Enforcement Board and was present at this hearing; 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 W\vw.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com Case #06-00084 4. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 110-551, Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers, of the City Code; 5. That said violations continue to exist within the City of Cape Canaveral and that such violations constitute violations of the City Code; 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 19, 2007. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until May 17,2007, 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 seventy-five dollars ($75.00) 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; ') If Respondent fails to correct any and all violations on the property within the time v. 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 pubiic health, safety and vvelfaie. 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. Case #06-00084 DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of April, 2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA L( ;V! ef}) a1--? ,/ ,4 Ad.' /// MarY Russ II, Chairperson ( i ,/ Copies furnished to: G. Patton Enterprises, Inc. c/o Gilbert L. Patton Jr., R.A., Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this ::23 day of Af>;--,'f ,2007. ,/ A-~~ Joy Lombardi, Board Secretary ...-" ( City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00102 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 321 Washington Ave. Respondent( s) Dale G. & Carol M. Allenbaugh HIW A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 17, 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 !egal 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. DA lJ2fJ> this 9th day of May, 2007 ;"' /1 / I" 6/ /' /) II f / X f /' It" .. '. I .n // / .4 / ~:;'f/. //v -"> (fi .. A f/ .lA ;'f /' f../",-~~'v \--c./')'-- (%./$'t...~~ ,c 'Duree Alexander . -" Code Enforcement Officer 1 05 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 wV/w.myfIorida.com/cape · email: ccapecanaveral@dlrr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 1/24/2007 THE CITY OF CAPE CANAVERAL, Case No: 2006-00102 A Florida municipal corporation, Complainant, v. Owner of the Property: Dale G. & Carol M. Allenbaugh H/W Respondent( s): Dale G. & Carol M. Allenbaugh HNV 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 thirty (30) 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 vioiation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TiME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTiFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN iNSPECTiON. 1. Property where violation(s) exist(s): 321 Washington Ave. 2. Name and address of o'v'vner(s) of piOperty where violation(s) exist(s): Dale G. & Carol ~v1. Allenbaugh H/'v^J 101 N Riverside Dr. #102 New Smyrna Beach, FI. 32168 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 · emaiI: ccapecanaveral@cfI.rr.com 3. Description of Violation(s) at property:Sec. 82-31. Florida Building Code adopted. Florida building Code Chapter 104 Section 104.1.1 Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas mechanical or plumbing system or to cause any work to be done, shall first make application to the building official and obtain the required permit for work. Florida Building Code Chapter 105 Section 105.4,The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a ,final inspection shall be made of every building, structure, electrical, gas mechanical or plumbing system upon completion. 4. Recommendation to correct the violation(s) described above: You must obtain a permit and the required approved final inspection to be in compliance. Failure to comply within thirty (30) 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. ~~ Michael Richart Code Enforcement Officer i I : ~4(~ vi 3~( bu I Certified Fee p;)~.. ~ ,,-~ I Return Re.geiptFeEl f 'He~:K \ ~\ . (Endorsement KequlreCl) I (J"' (. ,..N" \ '$1 lail 0 Express Mail i Restricted Delivery. Fee I \ ~ ... J ~J I 0 Return Receipt for Merchandise ! (Endorsement ReqUired) _. - if, . . . - ! . I "" E5 / ~ all 0 C.O.D. I Totai p,?~'--- 0 ~--- It' ~O ~ "\0/ 'livery? (Extra Fee) 0 Yes ;~~ ~~~ G. & Carol~. ~~l~~ m.t2;n ~93S 80D"._.__....... ':.':::.':.'::.".: 1 0 I N KlverSlde Ur. #- 1 UL ' , ~ - 'u"""" u" 'v, ,,,..v City, Stat, 32168 New Smyrna Beach, FI. ~'" O~/O"2- ,tic" City of Cape Can.averal CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA 05/01/2007 THE CITY OF CAPE CANAVERAL, Case No: 2006-00121 A Florida municipal corporation, Complainant, v. Trudy W. Mohme, Trustee Owner(s) of the Property located at: 415 Jefferson Ave. Cape Canaveral, FI. 32920 Respondent(s). Trudy W. Mohme, Trustee NOTICE OF COMPLIANCE WITH ORDER OF CODE ENFORCEMENT BOARD PURSUANT to Section 162.09, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board and the respondent that the violation(s), as more specifically described below has been corrected pursuant to the entry of an Order by the Code Enforcement Board, dated February 22, 2007, for first violation requiring the Respondent(s) to come into compliance by March 22, 2007, amending the order on March 22, 2007 to extend the compliance date to April 19, 2007, again amending the Board Order to extend the compliance date to April 30, 2007, or a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day, shall be imposed until the violation is corrected. On April 30, 2007 the property was inspected and found to in compliance by the Code Enforcement Officer, by replacing the air conditioning unit; providing heat, and hot water. Property where violation(s) existed: 415 Jefferson Ave. Cape Canaveral, Fl. 32920 Road, Cape Canaveral, FL 32920 2. Name and address of owner of Property where violation(s) existed: Trudy W. Mohme, Trustee 3. Description of violation(s) corrected at Property: Sec. 82-221, "International Property Maintenance Code Adopted';; IPMC 602.1 Facilities Required; IPMC 602.2 Residential Occupancies; IMPC 602.3 Heat Supply; !MPC 603.1 Mechanical Equipment; !Mpr>tj505.4 \Nater He;3ting Faciiities. /. d;'/ ~ C'" ./ ./ _.F -4 ..w/'.... Dur:e~~~~~d~: ~./'f vC~~---~~~__ ~__________ Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SlJNCOM: 982-1222 · FAX: (321) 868-1247 vN.'W.myflorida.com/cape · em ail: ccapecanaveral@dl.rr.com t City of Cape Canaveral NOTICE OF COMPLIANCE DATE: 5/09/2007 Lousie M. Blanchet 8758 Palm Way Cape Canaveral, FL 32920 CODE ENFORCEMENT CASE #: 2006-00067 LOCATION OF VIOLATION: 8758 Palm Way, Cape Canaveral, PROPERTY PARCEL #: 24 371454 66 The above property was found to be in compliance on April 23, 2007, by obtaining the required permits and approved final inspection for the new exterior wall. Sec. 82-31. Florida Building Code adopted. 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. siri~1n:'!lv 17--~r -'J! /7//'7 ~'" I j " j 1/< ~. r)' 'A .; " I ,,' __#' .-.t.... _. /.<' VI../{/ / J'J:2.;( l J!;/g,-?, ~ /^- K J'~t.'~' '.'. - _,I ~(_A?';.,/ /(, ~._. ___-'''''''' Duree Alexander Code Enforcement Officer 105 PolkAvenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape · emaiI: ccapecanaveral@cfI.rr.com City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00071 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 7709 Ridgewood Avenue, Cape Canaveral Respondent( s) Scott & Kathleen Staples, HIW A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 17, 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 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 propeity 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 BO/I,RD 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 9th day of May, 2007 ;' .." ~ /'.. ./"'""'~ /:' ,_H' / / / /' ! [: / ',1// //J/c ./ ~.i' 1. />1 r" //t.tr l,{~( /_<,f-'\' /{ ,~t/.. (ff>./"!..- 'v k:~____ Duree Alexander .' - - Code Enforcement Officer 1 05 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 T~lephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape . email: ccapecanaveral@ctlrr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 1/22/2007 THE CITY OF CAPE CANAVERAL, Case No: 2006-00071 A Florida municipal corporation, Complainant, v. Owner of the Property: Scott & Kathleen Staples, H/W Respondent(s): Scott & Kathleen Staples, H/W PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violations(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are herby notified that corrective action(s) to correct the violation(s) described below 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) islare 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 vio!ation(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 RESPONDE~H(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 7709 Ridgewood Avenue, Cape Canaveral 2 Name and address of owner(s) of property where vioiation(s) exist(s): Scott & Kathleen Staples, HfvV 10106 Mason Dixon Drive Orlando, FI 32821 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myfIorida.com/cape .. email: ccapecanaveral@d1.rr.com 3. Description ofViolation(s) at property:Sec. 82-31. Florida Building Code adopted. Florida Building Code Chapter 104 Section 104.1.1 Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system or to cause any work to be done shall first make application to the building official and obtain the required permit for work Florida Building Code Chapter 105 Section 105.4, The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas mechanical or plumbing system upon completion. Permits 2724 and 2926 have expired without an approvedl final inspection on Unit #2 only. You recieved an approved final on Unit #1, dated June 2, 2005. 4. Recommendation to correct the violation(s) described above: You must reapply for the permit and obtain all required approved final inspections on Unit #2 to be in compliance. Failure to comply within fifteen (15) days from receipt of this Notice, shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. Michael Richart Code Enforcement Officer Page 1 of 1 Duree Alexander From: Byron Evetts [byronevetts@bellsouth.net] Sent: Friday, April 20, 2007 11 :35 AM To: Duree Alexander Subject: McGillicuddy violation Duree, The link shows 06-23-05 as the date. Byron Item 1. " 1. Case No. 05-00042 - Violation of Section 104.1.1 and 105.4 Florida Building Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (425 Tyler Ave.) - Timothy S. McGillicuddy, 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 a site visit revealed the contractor (Existing Structures, Inc.) had installed a window without a permit. Officer Alexander further stated that Byron Evetts, P.E., was granted an extension of 30 days to come into compliance." See a Isobjjp:L/~"DJY~.Q rid~,-QQ.rDI c<JPf?jp.rcbl"'~J:t'Z'o~~QJl.1ilJ!Jt~~jQ.E;~L~QQ9jJ}Q=~~.:.Q~.,.hJm Duree, I somehow got wrapped up in Tim's lies and I thought it was clear that my firm had NOTHING to do with his illegal constrcution. Yet it is in public record. Can we read for the record that this minuted statement was wrong (without blame or liability). I would appreciate it. Please let me know about item 1. Ail the best, Byron Evetts 5/8/2007 Code Enforcement Board Meeting Minutes June 23, 2005 Page 4 The Board imposed a fine in the amount of Fifty Dollars ($50.00) the first day and Twenty-Five Dollars ($25.00) per day thereafter until the Violation is corrected. Officer Alexander respectfully requested that Pravin & Jyostna Patel be found in non- compliance of the Board Order dated May 21, 2001 and of Section 94-4 (11) and enter an Order imposing a fine in the amount of Fifty Dollars ($50.00) for the first day and Twenty- Five Dollars ($25.00) per day thereafter, until the violation has been corrected. The order shall include the previous assessed fine to date in the amount of Thirty-Five Thousand Nine Hundred Twenty-Five Dollars ($35,925.00). Motion by Mr. Godfrey, seconded by Ms. Russell to accept staff's recommendation and find Provin & Jyostna Patel in violation of Section 94-4(11) and amend the previous Order to an amount of One Hundred Dollars ($100.00) per day, commencing on June 24, 2005, for each day the violation continues to exist. This is in addition to fines accrued prior to this Amended Order. Discussion followed. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 05-00042 - Violation of Section 104.1.1 and 105.4 Florida Buildinq Code - Permits & Inspections. of the Cape Canaveral Code of Ordinances. (425 Tyler Ave.) - Timothy S. McGillicuddy. 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 a site visit revealed the contractor (Existing Structures, Inc.) had installed a window without a permit. Officer Alexander further stated that Byron Evetts, P.E., was granted an extension of 30 days to come into compliance. Officer Alexander respectfully requested that the Board find Timothy McGillicuddy in violation of Section 104.1.1 and 105.4 Florida Building Code - Permits and Inspections, of the Cape Canaveral Code of Ordinances and be given until July 21, 2005 to come into compliance or be fined Fifty Dollars ($50.00) per day until found to be in compliance. Motion by Mr. Stewart, seconded by Mr. Veins to accept staff's recommendation and find Timothy McGillicuddy in violation of Section 104 & 105 Florida Building Code and be given until July 21, 2005 to come into compliance or be fined Fifty Do!!ars ($50.00) per day. Discussion followed. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 10:05 P.M. j ~ A ;)p)~ ~ Approved on this . cI- day of . j , 2005. \./ {/ ~ ~~-'L-<L-L-e-fl ~((~ II, Chairperson .~ . _.' - .. JOY oalne, t:loara ::;ecretary