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HomeMy WebLinkAboutCEB AGENDA PKT 06-25-07 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JUNE 25, 2007 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: July 19, 2007 NEW BUSINESS: 1. Approval of Meeting Minutes: May 17, 2007 COMPLIANCE HEARINGS: -7 1. Case No. 06-00062 - Violation of Section 82-221, International Property Orc:f,,/ Maintenance Code (IPMC) Adopted; IPMC Section 108.1, General; IPMC Section 108.1.1, Unsafe Structures; Section 30~.11, Sfairways, Decks, Porches, & Balconies, of the City of Cape Canaveral Code of Ordinances, (7908 Ridgewood Ave.) - Marsha K. & Kent C. Howe, Property Owner. 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. Li:),'~ 3. Case No. 06-00074 - Violation of Section 82-31, Florida Building Code Adopted; Sections 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (221-223 Columbia Dr.) - Jerry Cravey, RA 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. (In compliance) PUBLIC HEARINGS: 1. Case No. 07-00095 - Violation of Section 105.1, Required; and Section 109.1 General, of the F!orida 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. 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com Case 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 82-221, of the Cape Canaveral Code of Ordinances, (616 Monroe Ave.) - Lisa R. Stuart & Marc G. Silberman, Property Owner. Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and 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 MAY 17, 2007 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on May 17,2007, 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 Walter Godfrey James Hale Karen Hartley Raymond Viens Lynn Mars 2nd Alternate MEMBERS ABSENT Charles Biederman Edward Ci8cirski 1 st Alternate OTHERS PRESENT Duree A!exander Code Enforcement Officer Joy Lombardi Board Secretary Bennett Boucher City Manager Bob Hoog Mayor Pro T em Shannon Roberts City Council Member Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on June 25,2007. Assistant City Attorney Latorre swore in all persons giving testimony. f\JEVV BUSINESS: 1. Approval of Meeting Minutes: April 19. 2007. Motion by Mr. Viens, seconded by Ms. Hart!ey, to approve the meeting minutes of April 1 a rynn7 ~c \Afritton \/t"'\ft::l t"'\n tho. rY"!;,....fir'\t'"'\ l"',."rrir\r1 11l""\.....u""it"V"\l""\.1 Ir-o.lu I v, iC-VV, , '-A"",, VVlll,.l.......ll. V VLV VII !.I Iv IIIVLIVII veu IIVCU UIIOIIIIIIUU-.JIY. Code Enforcement Board Meeting Minutes May 17, 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 and required inspections. Officer Alexander further testified that the respondent requested a 90-day extension to obtain a permit and complete the balcony repairs and further stated 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 July 19, 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 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 July 19, 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. Vote on the motion carried unanimously. 2. Case No. 06-00080 - Violation of Section 34-97. Duties & Responsibiiities 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 testified that this Case is 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. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. Code Enforcement Board Meeting Minutes May 17, 2007 Page 3 4. Case No. 06-00102 - 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, (321 Washinqton Ave.) - Dale G. & Carol M. Allenbauqh, Property Owner. Code EnfOicement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent's re-roof permit expired without the required inspection. Officer Alexander stated that the violation is for work without a permit or the required inspections. She explained that the respondent tried to contact the roofing contractor to re-apply for the permit, however he would not respond, therefore the respondent contacted the building department and requested to pull an owner-builder permit to resolve the issue and stated that the property is not for lease. The respondent applied for the permit. Officer Alexander respectfully requested that the Board find the respondent in violation of 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 June 25,2007 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. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in violation of 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 June 25, 2007 or be fined $100.00 for the first day and $75.00 for everyday thereafter. Vote on the motion carried unanimously. 5. ~_-.- .,,~ 06-00121 - Violation of Section 82-221. International Property vCl;:'O . '\Iv. Maintenance Code Adopted: Section 602.1. Facilities Required: Section 602.2. Residential Occupancies: Section 602.3. Heat Supply: Section 603.1. Mechanical Eauipment: and Section 505.4. Water Heatina Facilities. of the Cape Canaveral Code of Ordinances. (415 Jefferson Ave.) - Trudy W. Mohme. Trustee. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 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. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. Code Enforcement Board Meeting Minutes May 17, 2007 Page 4 2. Case No. 06-00071 - 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, (7709 Ridqewood Ave.) - Scott & Kathleen Staples, 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's permit for interior renovations had expired. Officer Alexander stated that the respondent must obtain the required permit and inspections. Officer Alexander respectfully requested that the Board find the respondent in violation of 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 June 25,2007 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. Godfrey, to accept staff's recommendation and find the respondent in violation of 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 June 25, 2007 or be fined $100.00 for the first day and $75.00 for everyday thereafter. Vote on the motion carried unanimously. DISCUSSION: 1. Chronic Nuisance & Code Enforcement Citation Codes Code Enforcement Officer, Duree Alexander, stated that she contacted other jurisdictions regarding their use of the citation program and the chronic nuisance code, and provided the following information: )F- Palm Bay does not have a nuisance ordinance or the use of citations. y City of Cocoa uses the citation program as a warning to the property owner. )F- City of Rockiedge uses the citation program as a warning and if respondent does not comply, they take them to the Code Enforcement Board. y Melbourne also uses citations as a warning. Officer Alexander further stated that Brevard County has a ten-dollar ($10.00) filing fee for a citation. Citations not paid within 90 days, are sent it to a collection agency. City Manager, Bennett Boucher, stated that the City Council is looking for feedback from the Board regarding two issues associated with code enforcement: expanding civil citations for common types of code enforcement violations, and adopting a chronic nuisance code whereby an offender is allowed a certain number of staff calls to the property until a fine is automatically imposed. Chairperson, Mary Russell, stated that the most common violation seems to be work without a permit. Code Enforcement Board Meeting Minutes May 17,2007 Page 5 Officer Alexander stated that the program would be invaluable for property maintenance issues, overgrown grass, noise, animals, signage, trash & debris, and garage sales. Officer Alexander further stated that a citation could be written in lieu of the Notice of Violation. The Chronic Nuisance Code would expand on the current code regarding a fire alarm system, whereby an individual is allowed four false alarms before an automatic fine is imposed. An individual would be limited to the number of times a police officer or code officer was called out to a property. Assistant City Attorney, Kate Lattore, stated that she would coordinate with Officer Alexander to write a draft ordinance for the Board's review and approval based on the examples that she (Ms. Alexander) stated earlier. 2. Correction of Minutes (June 23, 2005) Officer Alexander stated that Byron Evetts, of Existing Structures, requested that a clarification be noted in the official record regarding Case No. 05-00042 where it was stated that he (Mr. Evetts) installed windows without a permit. Mr. Evetts stated that his firm had nothing to do with Mr. McGillicuddy's illegal construction, yet it is in the public record. ADJOURNMENT: There being no further business the meeting adjourned at 8:28 P.M. Approved on this day of ,2007. Mary Russell, Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral THE CITY OF CAPE CANAVERAL Code Case:2006-00062 A Florida Municipal Corporation, Date: 6/15/07 Complainant, V. Marsha K. & Kent C. Howe Owner(s) of the property located at: 7908 Ridgewood Avenue, Cape Canaveral Respondent( s) Marsha K. & Kent C. Howe 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) June 14, 2007, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated April 19, 2007, requiring the respondent(s) to correct such vioiation(s) by June 21,2007. The respondent was present at a duly noticed Hearing held by the Code Enforcement Board on Apri/19, 2007, and was given until June 21,2007, to correct any violation as set forth in its Board Order. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 108.1, General; Section i 08. i. i, 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 of Ordinances. 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 June 25,2007. 1. Property where vio!ation{s) exist{s): 7908 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Marsha K. & Kent C. Howe 7908 Ridgewood Avenue Cape Canaveial, Fl 32920 J"">. ;k/ D~scription of violation(s) at Property: JI S/;c. 82-221 ~~n"ational Pr;?P~,rty Maintenance Code Adopted" ('/'QV~ f/ ~ . ,z. ,. 1 Z/t~:o / ./ ~ "'->> uree Alexander \ Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · Ef\.,X: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com 1 City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #06-00062 A Florida municipal corporation, Complainant, v. Marsha K. & Kent C. Howe Owner of the Property located at: 7908 Ridgewood Ave Cape Canaveral, FL 32920 LEGAL: OCEANS GATE LOT 1 PLAT BOOK 0031 PAGE 0071 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 April 19, 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 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 sections 162.06 and 162.12, Florida Statutes; 2. That a 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 exist or existed upon the Property and Respondent \.^/as further provided a reasonabie 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 present at the hearing; 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 329:',0-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape .. email: ccapecanaveral@dlrr.com Case #06-00062 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 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; 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 June 21, 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. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any vioiation(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 vialation(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 viofation(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 '19th day of April, 2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA L-iTl,1 /7 , ~ ti /j l f /;) A II Ie ,'C Mary Russ7':, Chairperson CJ Case #06-00062 Copies furnished to: Marsha K. & Kent C. Howe, 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 (s) and/or Respondent's authorized representative on this ;23 day of IqPr'< ( ,2007. ~~~.~ Joy (0' bardi, Board Secretary -. . . . .' . .I . · j'. .. . .. ~: .. .:..:.....: . . ~ 0 As"" · o Addressee , . . . ( Printed Name) ~.,,'. ,. ,(") . 11"'" ~.,.,. 'ifii ~ * t1 W J _ _ L _ T~ . :j.1J. j 9 Jress different from item 1? Yes i "'OSIage delivery address below: 0 No I . Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deiivery Fee (Endcrsement Required) l" 0, H.64\ '19 ()4/24ia:t7 / } Tnt'" Po \ :.:>. .-1 _ '>. ,,,if D F"D'lT""" M,,1l .---- - '''-r1 .........#~ .---- ~__;;;r-r------.--. h K & K nt C Ho\ve )/ erRetum Receipt for Merchandise Sent To Mars a. e . . " / Iii 0 C.O.D. ...n..___. 7908 Ridgewood Avenue mm I' ? le.A- e .\ 0 Street, Api Ivery. t=,ra ,-eel Yes ~:,~C:.r:..~: Ca e Canaveral, F132920 .mn . City, State, P 0/16 ;z.l3iJ 13 5 0 311 l-L....~.".._I:l"'...1TIiT!5< , t .' -. . . . / ....... ./.W-o City of Cape Canaveral THE CITY OF CAPE CANAVERAL Code Case:2006-00071 A Florida Municipal Corporation, Date: 6/15/07 Complainant, V. Scott & Kathleen Staples, H/W Owner(s) of the property located at: 7709 Ridgewood Avenue, Cape Canaveral Respondent( s) Scott & Kathleen Staples, H/W 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 vioiation(s), as of this/these date(s) June 15, 2007, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated May 17, 2007, requiring the respondent(s) to correct such violation(s) by June 25,2007. The respondent was not present at a duly noticed Hearing held by the Code Enforcement Board on May 17, 2007, and was given until June 25, 2007, to correct any violation as set forth in its Board Order. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 105 & 109, Permits and Inspections of the Florida Building Code as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances. 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 June 25, 2007. 1. Property \Nhere vio!ation(s) exist(s): 7709 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Scott & Kathleen Staples, H/W 10106 Mason Dixon Drive Orlando, FI 32821 .;L.pescription of violation(s) at Property: / Sec. 82-31. Florida Building Code adopted. . I - ( 0/1 . ~ooo~) /f ,;-7 ",? . .~ Cii:.. ~ \ I~~ander 0" / "_ 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.myfIorida.com/cape · ernail: ccapecanaveral@cf1.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #06-00071 A Florida municipal corporation, Complainant, v. Scott & Kathleen Staples Owner of the Property located at: 7709 Ridgewood Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 21 BLK34 PLAT BOOK 0003 PAGE 0007 Respondent, / ORDER IMPOSING PENAL TV 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 May 17, 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. FindinQs of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That 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 sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, as adopted by Section 82-31 of the City Code exists 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.com/cape · email: ccapecanaveral@cfl.rr.com Case #06-00071 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, 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 June 25, 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 dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation( s) is I are found to exist "'" 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 17th day of May, 2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ma/t~ ,-{.{, '=-L€-0 Mary Russ' I, Chairperson Case #06-00071 Copies furnished to: Scott & Kathleen Staples, 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 (s) and/or Respondent's authorized representative on this ;2:2. day of /V{tlo.-( ,2007. ~ ~4-t?~ Joy (0 bardi, Board Secretary ~- . Duree Alexander, Code Enforcement Officer ......~'"' <"U.IS. Poslal Sefvtce,~ . "'GERTfFIEQ MA1L-TM RECEIPT , '(pomesticMallDnly; No Insurance Coverage Provided) .I A/A - ~1J/~ ------- <<;)'\ Certified Fee R)'. ~ 'r 1::-\ '7.4 r20stmark \ . '" \ Return Receipt Fee ' flare r- " (Endorsement Required) "\: <.1 ' Restricted DeliveryFee $0,0 \ (7y; / (Endorsement ReqUIred) '- / h"- I li $3.06 '\~'Q5mnUQ7 / ( ~v'292U~ ./ -------- Set Scott & Kathleen Staples, HiW sir; 10106 Mason Dixon Drive ------------- orl . n~_ Orlando, PI 32821 ------------- elt), . tIG 7/t3D .. .. ;.. l. .e. R';' .....I.. R .. . City of Cape Canaveral THE CITY OF CAPE CANAVERAL Code Case:2006-00074 /J., Florida Municipal Corporation, Date: 6/15/07 Complainant, V. Jerry Cravey, R. A. Owner(s) of the property located at: 221-223 Columbia Drive, Cape Canaveral Respondent( s) Jerry Cravey, 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) February 12, 2007; March 13,2007; April 9, 2007 and June 15, 2007, described below, has not been corrected pursuant to the entry' of an Order by the Code Enforcement Board dated February 22, 2007, requiring the respondent(s) to correct such violation(s) by March 22,2007. The respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board on March 22, 2007, and was given until April 19, 2007, to correct any violation as set forth in its Amended Board Order. The respondent was present a duly noticed Compiiance Hearing held on April 19, 2007, and was given until given until June 21, 2007, to correct any violation as set forth in its Second Amended Board Order. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 105 & 109, Permits and Inspections of the Florida Building Code as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances. The undersigned Code Enforcernent Officer is hereby initiating a compliance hearing before the Code Enforcement Board, as set forth in the Amended Code Enforcement Board Order dated June 25,2007. 1. Property where violation(s) exist(s): 221-223 Columbia Drive, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Jerry Cravey, R. A. 955 Byron Pia nee Sarasota, Fi 34243 ,.,3: '~escription of violation(s) at Property: ,,// ,Jec. ~~~~;;:%}9rida BUilt'Q'GOd) adopted. I 1. j , /,/;;'.", ,c, - , ( VV{.{U/1L~t2~__.. \ Duree Alexande( , .... \ Code Enforcement Officer 105 PolkAvenue " Post Office Box 326 " Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 " SUNCOM: 982-1222 " FAX: (321) 868-1247 www.myflorida.com/cape " email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA CITY OF CAPE CANAVERAL, Case #06-00074 Florida municipal corporation, Complainant, v. The Plaza Owner Association, Inc., c/o Jerry Cravey, R.A. Owner of the Property located at: 221-223 Columbia Drive Cape Canaveral, FL 32920 LEGAL: THE PLAZA CONDO AS DESC IN ORB 2291 PG 430 AND ALL AMENDMENTS THERTO, PLAT BOOK 0018, PAGE 0009 Respondent, / SECOND AMENDED ORDER IMPOSING PENAL TV 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 February 22, 2007 to determine whether any violation of the City of Cape Canaveral Code of Ordinances exists 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 8ased upon the evidence and testimony presented at this hearing, the Code c:~..~~~~~__. D_~_...J ..:_...J~. L::IIIUI IJt'IIIt'11l DUdl U IIIIU::'. 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 Statues; 2. That violations of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, as adopted by Section 82-31 of the City Code, existed upon the Property and further provided a reasonable time to correct said violations; 3. The Respondent either failed or refused to correct such violations within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of the hearing before the Code Enforcement Board and was present at 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.com/cape . email: ccapecanaveral@cfl.rr.com Case #06-00074 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, as adopted by Section 82-31 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 appeared in person at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 22, 2007. 7. Respondent appeared in person 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 June 21 , 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 dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) or any violation addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent 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 shall also be responsible for costs incurred by the City of Cape Canaveral, consistent with Section 162.09, Florida Statutes, for costs of enforcement and/or for reasonable repairs made to Respondent(s) property by the City of Cape Canaveral or its designee to correct any violation(s) that the Board deems a serious threat to the public health, safety and welfare. Case #06-00074 6. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent to enforce this Order and correct any violation( s) on the Respondent's property, in accordance with Section 162.09, Florida Statutes, and Chapter 2, Article VI of the City Code. DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of April, 2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA jJ I Copies furnished to: The Plaza Owner Association, Inc., c/o Jerry Cravey, RA 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 ;-lr:7r,\ I , 2007. /1 - 11a ~O\ Joy L!o bardi, BoardSe~retarv - - I,~ ~ ( M-L __~2zd. /7" " Duree Alexander, Code Enforcement Officer \ City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA CITY OF CAPE CANAVERAL, Case No: 2006-00102 A Florida municipal corporation, Complainant, V. Dale G & Carol M. Allenbaugh Owner(s) of the Property located at: 321 Washington Avenue, Cape Canaveral, FI 32920 Respondent( s). Dale G & Carol M. Allenbaugh 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 May 17,2007, for first violation requiring the Respondent(s) to come into compliance by June 25, 2007. On June 7, 2007 the property was inspected and found to in compliance by the Code Enforcement Officer. Property where violation(s) existed: 321 Washington Avenue, Cape Canaveral, FL 32920 2. Nalne and address of owner of Property where violation(s) existed: Dale G & Carol }Y1. Allenbaugh 3. Description ofviolation(s) corrected at Property: Section 105 & 109, Florida Building Code - Permits & Inspections as adopted by Section 82-31 orthe qity yfCape Canaveral. " /' ) 1/ "/ / 1,- ' /'l;<LJ..llcLfiri2c (' ","" "--~',,---,--- _ '._'..., Duree Alexander Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FA.X; (321) 868-1247 ww\v.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00095 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 201 International Dr. #222 Cape Canaveral, FI. 32920 Respondent(s) Michael S Sexton A HEARiNG will be conducted before the City of Cape Canaveral Code Enforcement Board on June 25, 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) isiare 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 F!NAL 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 \^v'HICH THE APPEAL IS TO BE BASED. pATf9D this -15th day of June, 2007 (. / --y/)/J /l VL/iL~.u((/f-~;?,,(,~/(~/'1tU- '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. 2007-00095 A Florida Municipal Corporation, Complainant, v. Owner(s) of the property located at: 201 International Dr. #222 Cape Canaveral, FI. 32920 Respondent( s) Michael S Sexton 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 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 Enrorcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day ror 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): 201 International Dr. #222 Cape Canaveral, FI. 32920 2. Name and address of owner(s) of property where violation(s) exist: Michael S Sexton 201 International Dr. #222 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 wV'iw.myfIorida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at property: FLBLDGCOD 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 CJde 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. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. IPMC 603.1 Mechanical Equipment; All mechanical equipment shall be properly maintained in a safe working condition, and shall be capable of performing the intended function. IPMC 605.1; Installation; All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. A corn plaint was filed with our office and a site inspection was performed. It appears that the work was improperly done and without the required permits or approved inspections. 4. Recommendation to correct the violation(s) described above: You must apply for a permit to repair the Ale and obtain the required approved final inspection, 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 of the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. /.1 /'1/:1' '/;? /j /-;k/:'~/~;'::.:~-:. " /' / / C,,-.,-~ /~-----..-<.........-._~ Michael Richart Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2006-00068 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 616 Monroe Avenue, Cape Canaveral Respondent( s) Lisa R. & Marc Stuart & Sliberman A HEARiNG wiii be conducted before the City of Cape Canaveral Code Enforcement Board on June 25,2007 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) isiare corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property andlor other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A F!NAL 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 'vVHICH THE APPEAL IS TO BE BASED. /! Df\;fED this 15th day of june, 2007 ! J ~ /", ,- _/,-"'--'~-,-/7 /4 1/ L u~ (i _ {/ -{ / . . P L<------. __..._ 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 wI'iw.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: 2006-00068 A Florida municipal corporation, Complainant, v. Owner of the Property: Lisa R. & Marc Stuart & Sliberman Respondent(s): Lisa R. & Marc Stuart & Sliberman PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violations(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are herby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the 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): 616 Monroe Avenue, Cape Canaveral ') Name and address of owner(s) of Property where violation(s) exist(s): &:... Usa R. & Marc Stuart & Sliberman 5224 Tipton Street San Diego, CA 92115 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com 3. Description ofViolation(s} at Property: INTERNAT, Sec. 82-221. International Property Maintenance Code (IPMC) adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Chapter 108, Section 108.1.1, Unsafe structures; in part; 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 the occupants, because such structure is so damaged, decayed, dilapidated, structurally unsafe that part or complete collapse is possible. IPMC Chapter 303, Section 303.1; General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. JPMC Chapter 303, Section 11; Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. A site inspection by the building inspector and the code enforcement officer revealed the railings on the balcony were unsafe. The property was posted as unsafe on July 27, 2006. This area of the structure may not be used until such time as you have repaired or replaced the railings. Your are required to secure the sliding glass door, which open onto the balcony by placing (3) 2x4's as follows: one horizontally at 42" inches (measured from the floor), one at 22" inches and one at floor level. These 2x4's shall be mechanically fastened (screwed or nailed) to the wall at each side of the sliding glass door, to sufficiently prohibit access to the balcony. This must be' completed within five working days of the receipt of this notice. 4. Recommendation to correct the violation (s) described above: You must obtain an approved building permit and all required approved inspections for repair or replacement of the railings. 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 ~ity of Cape Canaveral. .J / i ( tl ~./ , f ./ , c' / J" 1 (-Pi ~./f A___~-r ~ L __ ,/ _~ __' _ ,-,r--=:.._~/ Duree Alexander ~,----~'^- Code Enforcement Officer