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Home My WebLink AboutCEB AGENDA PKT 07-30-07 City of Cape Canaveral ~ AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JUL Y 30, 2007 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: August 23, 2007 ~' NEW BUSINESS: Approval of Meeting Minutes: June 25, 2007 COMPLIANCE HEARINGS: / Case No. 06-00059 - Violation of Section 82-221, International Property ,:II. 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. / .:J. 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. PUBLIC HEARINGS: 1. Case No. 07-00063 - Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (276 Polk Ave.) - Charles & Sharon Lee Hance, Property Owner. 2. Case No. 07-00079 - Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (808 Bayside Dr.) - Eric & Sonja Danoy, Property Owner. ::r:.--rL 3. Case No. 07-00108 - Violation of Section 14-56, Existing Development; Section 14-55, New Development, of the City of Cape Canaveral Code of Ordinances, (7520 Ridgewood Ave.) - Cynthia Shaffer, R.A. 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape . email: ccapecanaveral@cfl.rr.com Code Enforcement Board Agenda July 30, 2007 Page 2 4. Case No. 07-00109 - Violation of Section 14-56, Existing Development; Section 14-55, New Development, of the City of Cape Canaveral Code of Ordinances, (8600 Ridgewood Ave.) - Keith A. Acker, General Manager. REPORTS: 1. Case No. 07-00095 - Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; and Section 603.1, Mechanical Equipment; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances, (201 International Dr. Unit #222) - Michael S. Sexton, Property Owner. (Lien filed 6/29/07) DISCUSSION: Code Enforcement Civil Citation Codes 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 JUNE 25, 2007 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 25, 2007, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Craig Stewart Vice Chairperson Charles Biederman Walter Godfrey James Hale Raymond Viens Edward Ciecirski 1 st Alternate Lynn Mars 2nd Alternate MEMBERS ABSENT Karen Hartley OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Bob Haag Mavor Pro T em ---~-J -- - - - . ~... Shannon Roberts City Council Member Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on July 30,2007. Assistant City Attorney Latorre swore in all persons giving testimony. NE\^J BUSINESS: 1. Approval of Meetinq Minutes: May 17, 2007. Motion by Mr. Viens, seconded by Mr. Godfrey, to approve the meeting minutes of May 17, 2007, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes June 25, 2007 Page 2 COMPLIANCE HEARINGS: 1. Case No. 06-00062..- Violation of Section 82-221. International Property Maintenance Code (IPMC) Adopted; IPMC Section 108.1. General; IPMC Section 108.1.1. Unsafe Structures; Section 303.11. Stairways. Decks, Porches. & Balconies. of the City of Cape Canaveral Code of Ordinances. (7908 Ridoewood 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 violation is for an unsafe structure. Marsha Howe, property owner, requested another 60-day extension. Ms. Howe stated that she has been dealing with a sick family member and therefore needed additional time. Brief discussion followed. Motion by Mr. Godfrey, seconded by Mr. Hale, to grant a 60-day extension. (August 23, 2007) Vote on the motion carried unanimously. 2. Case No. 06-00071 - Violation of Section 82-31. Florida Buildino Code Adopted; Sections 104.1.1. and 105.4, Florida Buildino Code-Permits & Inspections. of the City of Cape Canaveral Code of Ordinances, (7709 Ridoewood Ave.) - Scott & Kathleen Staples, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 3. Case No. 06-00074 - Violation of Section 82-31. Florida Buildino Code Adopted; Sections 104.1.1. and 105.4. Florida Buildino Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances. (221-223 Columbia Dr.) - Jerry Cravey. R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 4. Case No. 06-00102 - Violation of Section 82-31 , Florida Buildino Code Adopted; Sections 104.1.1 , and 105.4. Florida Buildino Code - Permits & Inspections. of the City of Cape Canaveral Code of Ordinances. (321 Washinoton Ave.) - Dale G. & Carol M. Allenbauoh, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. Code Enforcement Board Meeting Minutes June 25, 2007 Page 3 PUBLIC HEARINGS: 1. Case No. 07-00095 - Violation of Section 105.1 , Required: and Section 109.1 General. of the Florida BuildinQ 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 8. Sexton, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent is in violation of mechanical work without the required permit and inspections. Officer Alexander further stated that Mike Coffey, with Space Coast Cooling, explained to staff that the wires and Freon copper tubing of the air conditioning compressor were cut from unit 222 and were connected to unit 211. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code; and Section 603.1, Mechanical Equipment; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code and be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Motion by Mr. Stewart, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation of Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code; and Section 603.1, Mechanical Equipment; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code and be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 2. Case No. 06-00068 - Violation of Section 108.1.1 , Unsafe Structures: Section 303.1 , General: Section 303.11 Stairways, Decks, Porches, & Balconies, of the International Propertv Maintenance Code. as adooted bv Section 82-221 , of the Cape Canaveral Code of Ordinances, (616 Monroe Ave.) - Lisa R. Stuart & Marc G. Silberman, 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. Officer Alexander stated that the balcony was posted with an unsafe placard and the sliders have been secured so that there is no access to the balcony. Officer Alexander respectfully requested that the Board find the respondent in 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 and be given until July 27, 2007 to come into compliance by removing or repairing the (balcony) structure and/or obtaining the required permit and approved inspections or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Code Enforcement Board Meeting Minutes June 25, 2007 Page 4 Motion by Mr. Stewart, seconded by Mr. Godfrey, to find the respondent in 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 and be given until July 30. 2007 to come into compliance by removing or repairing the (balcony) structure and obtaining the required permits and approved inspections or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. DISCUSSION: 1. Chronic Nuisance & Code Enforcement Citation Codes Assistant City Attorney, Kate Lattore explained the Civil Citation Code. Following discussion, the Board stated that they would like to have additional time to review the Code prior to making a recommendation to the City Council. Motion by Mr. Stewart, seconded by Mr. Godfrey, to postpone to the July 30, 2007 meeting. Vote on the motion carried unanimously. Assistant City Attorney, Kate Lattore explained that the Chronic Nuisance Code would run concurrent with the existing Code Enforcement process; whereby an offender is allowed three calls by a code enforcement officer or by a police officer until a fine is automatically imposed. Attorney Lattore further explained that the fine would be imposed if an individual has four calls to a particular property within 30 days. An individual would be limited to the number of times a police officer or code enforcement officer was called out to a property. Discussion followed. Motion by Mr. Viens, seconded by Mr. Hale, to recommend the City Council approve the proposed Chronic Nuisance Code. Vote on the motion carried unanimously 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 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 July 30, 2007 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s} occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s} is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are lega! in nature, you may wish to have lega! counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s} which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, iNCLUDiNG THE CiTy' OF CAPE CANAVERAL, MAY APPEAL A FiNAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D,4'(Ei} this 19th dav of Julv. 2007 / J /;>7 . U J' -. .~ Ij /./~. /' ,/ . i 0__ ~x i ./ .'" __- .-'"-01 _,-' / { . "Iicu/'C /t/L.,&(t!..1: /c2. ~Duree Alexan'der Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUl'-JCOM: 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 THE CITY OF CAPE CANAVERAL, Case #06-00059 A Florida municipal corporation, Complainant, v. Michael Conroy Owner of the Property located at: 7902 Ridgewood Avenue Cape Canaveral, FL 32920 LEGAL: OCEANS GATE LOT 4 PLAT BOOK 0031 PAGE 0071 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. 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 "vas provided a Notice of Violation in accordance with Section I. 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; 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 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 .. emai1: ccapecanavera1@cfl.rr.com Case #06-00059 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 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; 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 July 19, 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 violationCs) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of May, 2007, CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Z!]~II~qe ...-'.1 '-~'~7'" -"~".-'--" 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 will be conducted before the City of Cape Canaveral Code Enforcement Board on July 3D, 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 APPEAL IS TO BE BASED. DATED this 19th day of Julv. 2007 lJu1ft~ Duree Alexander Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · 5 ill..J COM: 982-1222 · FAX: (321) 868-1247 www.mytlorida.com/cape · email: ccapecanaveral@ctl.rr.com \ City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA CITY OF CAPE CANAVERAL, Case #06-00068 A Florida municipal corporation, Complainant, v. Lisa R. Stuart & Marc G. Silberman Owner of the Property located at: 616 Monroe Ave. Cape Canaveral, FL 32920 LEGAL: OCEANS GATE LOT 8 PLAT BOOK 0031 PAGE 0071 Respondent, / ORDER 1M POSING PENALTY ON FIRST VIOLATiON THIS C,.6,USE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on June 25, 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 Re~spondent vias provided a f\Jotice of Violation in accordance VJith 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 108.1.1; 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 City Code exist or existed upon the Property and Respondent 'vvas 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 · Sill.JCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com Case #06-00068 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 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 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 July 30, 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 dol!ars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. if Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat vioiation(s) is i 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 25th day of June, 2007. City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00063 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property iocated at: 276 Polk Ave. Cape Canaveral, FI. 32920 Respondent(s) Charles & Sharon Lee Hance HIW A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 30, 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 ill..GGRIEVED 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. /i QA.Tf;D this 19th day of July, 2007 I / /7// ____. 1f{ J {/g~' ~,; 1.1 -', - -,' _;> _,C' " J J" .:1 ? --/ - / .... /' . '?4:.tf..tY( . ; e~t2-/~ / K.-. 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@dl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 4/25/2007 THE CITY OF CAPE CANAVERAL, Case No: 2007-00063 A Florida municipal corporation, Complainant, v. Owner of the Property: Charles & Sharon Lee Hance H/W Respondent( s): Charles & Sharon Lee Hance 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 gi\/es 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 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 11\1C:::PI=f"'TIr\I\.1 II .......... L-....... I '.......1.... 1. Property where violation(s) exist(s): 276 Polk Ave. Cape Canaveral, FI. 32920 2. Name and address of owner(s) of property where violation(s) exist(s): Charles & Sharon Lee Hance HIW PO Box 55454 Riverside, Ca. 92517 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 . emaiI: ccapecanaveral@dlrr.com 3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code adopted. 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 of 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. 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 acces:.;ible 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. 4. Recommendation to correct the violation (s) described above: You must obtain the permit for the actual numbers of windows replaced and the required approved final inspection. 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. ,;1 /1 /., .-:::iL.../' /:;;2~~-----y/~~:;, Michael Richart Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00079 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property iocated at: 808 Bayside Dr. Cape Canaveral, FI. 32920 Respondent( s) Eric & Sonja Danoy HIW A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 30, 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 APPEAL IS TO BE BASED. D~ this '19th day of Julv. 2007 - /.:" - . ---- U~ ff~ /~ t) t "'~~o(c~e ,.- . /e~L/<<: . .4'.7/,- _"~_ , 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/capc .. emaiI: ccapecanaveral@cfl.rr.com City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00079 A Florida Municipal Corporation, Complainant, v. Owner(s) of the property iocated at: 808 Bayside Dr. Cape Canaveral, FI. 32920 Respondent( s) Eric & Sonja Danoy H/W 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 giv ~s notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. A Property where violation(s) exist(s): I. 808 Bayside Dr. Cape Canaveral, FI. 32920 2. Name and address of owner(s) of property where violation(s) exist: Eric & Sonja Danoy HIW 808 Bayside Dr. Cape Canaveral, FL 32920 ~ 105 Polk Avenue .. Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX.: (321) 868-1247 www.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at property: 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 Code and is hereby adopted by reference and incorporate herein as if fully set out. FLBC 105.1 Required; Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC 109.1 General; Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation to correct the violation(s) described above: You must reapply for a permit for the AlC changeout 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 th? recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. ;/ /- /~-1?--~ 7 -- ~ L f;/ .... --L.. -.. ~/ /.. /v.... ~ ..) ~ /{ '- _ . C,_'-~ "--- --:- ... Michael Richart Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00108 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property iocated at: 7520 Ridgewood Avenue, Cape Canaveral Respondent(s) Cynthia Shaffer, R. A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 30, 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 APPEAL IS TO BE BASED. ~, ):fATEO this '19th day of Julv. 2007 / . ).~/2/"~. n ( /-1~ee-<u~=------_ 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".myfIorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00108 A Florida Municipal Corporation, 06/06/2007 Complainant, v. Owner( s) of the property iocated at: 7520 Ridgewood Avenue, Cape Canaveral Respondent( s) Canaveral Towers C/O Cynthia Shaffer, R. A. NOTICE OF VIOLATION PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within twenty (20 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board far the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIA TEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTiON. 1. Property where violation(s) exist(s): 7520 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Canaveral Towers C/O Cynthia Shaffer, R. A. 7520 Ridgewood Avenue Cape Canaveral, FI 32920 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at property: SEA TURTLE (a) The purpose of this article is to protect the endangered and threatened sea turtles which nest along the Atlantic Ocean beaches in the city by safeguarding the nesting sea turtles and sea turtle hatchlings from sources of artificial light on the beaches within the jurisdictional boundaries as defined by this article. (b) The scope of this article shall be limited to that area defined in this article as the jurisdictional boundary. Sec. 14-56. Existing development. It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, lighting of all structures which illuminate the beach shall be in compliance with the following: (1) Artificial lighting shall conform to section 14-55(a); or (2) Artificial lighting used to illuminate buildings and grounds which directly or by refraction or reflection illuminates the beach above the levels established in section 14-55 shall be turned off from 9:00 p.m. untii 7:00 a.m. every day during the period of May 1 to October 31 of each year. Automatic timers may be used to provide consistent compliance. Sec. 14-55. New development. (a) It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, building and electrical plans associated with parking lots, dune walkovers or other outdoor lighting for development of real piOperty within the jurisdictional boundaries shall be in compliance with the following: (1) Except as set forth in subsection (a)(2) of this section, no more than 0.5 foot-candles of artificial illumination shall be cast upon the beach. Appropriate techniques for reducing artificial illumination include but are not limited to fitting lights with hoods or shields, screening artificial light with vegetation or other devices, directing light away from beach area, utilizing low-profile lighting and lowering the light intensity of the lamps. (2) No more than two foot-candles of artificial illumination shaff be cast upon the beach when the spectral distribution of the light bandwidths is between 560 and 620 nanometers. Commercially available lighting that satisfies the spectral criteria include low-pressure sodium lamps. (3) No lamp shall be directly visible from the beach. The use of opaque materials for screening and hooding the lamps are techniques which may be used to limit visibility from the beach. (4) Parking lots where vehicle headlights may cast light onto the beach so as to be in violation of this article shall be screened to eliminate excess light on the beach. The lights on your building are directly visible from the beach. You are in violation of the City of Cape Canaveral Code of Ordinances as stated above. 4. Recommendation to correct the violation(s) described above: ArtificiallJghts used to illuminate your property, which directly or indirectly illuminates the beach above the allowed levels must be turned off during the hours of 9:00 p.m. until 7:00 a.m.. You may choose to shield or screen the artificial lighting in lieu of turning the lights off; however you still must comply with the above requirements. Failure to comply within twenty (20) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation of the recommendations co,ined herein, do not hesitate to contact the below signed Code Enforcement Officer at the Citj of t; Canaveral. , ;/ /J ",/ / rc~-p~~ r Duree A x nder Code Enforcement Officer Attachments: Photo's City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00109 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 8600 Ridgewood Avenue, Cape Canaveral Respondent( s) Keith A. Acker, General Manager A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 30, 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 APPEAL IS TO BE BASED. ~" / DA TEt;) this 19th day of July, 2007 I \ /1 ( ) ---/iG ,f ./ '_ '_,,1' ~ ?-_.~ -', -t -""<,- ---_ ~.' r-- rf.-:-t:~/; r..--c:x. r" .G-..". L -_..__ ::::=::--..... , g~~~e E~f~~~:~nt Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@dl.rr.com City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00109 A Florida Municipal Corporation, Complainant, v. Owner( s) of the property located at: 8600 Ridgewood Avenue, Cape Canaveral Respondent( s) Royal Mansions Condominium Association, Inc. C/O Keith A. Acker, General Manager NOTICE OF VIOLATION PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within twenty (20 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIA TEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN iNSPECTiON. 1. Property where violation(s) exist(s): 8600 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Ocean Oaks Condominium Association, Inc. C/O Keith A. Acker, General Manager 8600 Ridgewood Avenue Cape Canaveral, FL 32922 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 3. Description of Violation(s) at property: SEA TURTLE (a) The purpose of this article is to protect the endangered and threatened sea turtles which nest along the Atlantic Ocean beaches in the city by safeguarding the nesting sea turtles and sea turtle hatchlings from sources of artificial light on the beaches within the jurisdictional boundaries as defined by this article. (b) The scope of this article shall be limited to that area defined in this article as the jurisdictional boundary. Sec. 14-56. Existing development. It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, lighting of all structures which illuminate the beach shall be in compliance with the following: (1) Artificial lighting shall conform to section 14-55(a); or (2) Artificial lighting used to illuminate buildings and grounds which directly or by refraction or reflection illuminates the beach above the levels established in section 14-55 shall be turned off from 9:00 p.m. until 7:00 a.m. every day during the period of May 1 to October 31 of each year. Automatic timers may be used to provide consistent compliance. Sec. 14-55. New development. (a) It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, building and electrical plans associated with parking lots, dune \."Ia!kovers or other outdoor lighting for deveiopment of real property within the jurisdictional boundaries shall be in compliance with the following: (1) Except as set forth in subsection (a)(2) of this section, no more than 0.5 foot-candles of artificial illumination shall be cast upon the beach. Appropriate techniques for reducing artificial illumination include but are not limited to fitting lights with hoods or shields, screening artificialli9ht with vegetation or other devices, directing light away from beach area, utilizing low-profile lighting and lowering the light intensity of the lamps. (2) No more than two foot-candles of artificial illumination shall be cast upon the beach when the spectral distribution of the light bandwidths is between 560 and 620 nanometers. Commercially available lighting that satisfies the spectral criteria include low-pressure sodium lamps. (3) No lamp shall be directly visible from the beach. The use of opaque materials for screening and hooding the lamps are techniques which may be used to limit visibility from the beach. (4) Parking lots where vehicle headlights may cast light onto the beach so as to be in violation of this article shall be screened to eliminate excess light on the beach. The lights on from the pool area and globe lights in the south parking lot are directly visible from the beach. You are in violation of the City of Cape Canaveral Code of Ordinances as stated above. 4. Recommendation to correct the violation(s) described above: Artificial lights used to illuminate your property, which directly or indirectly illuminates the beach above the allowed levels must be turned off during the hours of 9:00 p.m. until 7:00 a.m.. You may choose to shield or screen the artificial lighting in lieu of turning the lights off; however you still must comply with the above requirements. Failure to comply within twenty (20) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation of the recommendations ~Gntained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of ( caje ~aI1" N~~~ \_ . g~~~e E~~;~~~;nt Officer Attachments: Photo's Meeting Type: Regular Meeting Date: 03-06-07 AGENDA Heading Discussion Item 8 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CHRONIC NUISANCE AND CODE ENFORCEMENT CITATION CODES DEPT/DMSION: ADMINISTRA nON Requested Actiou: City Council discuss the merits of drafting a chronic nuisance ordinance and the expansion of the use of code enforcement citations (civil citations) to cure chronic nuisances. Summary Explanation & Background: A recent workshop meeting with the Sheriff's Department revealed that there are rental properties that have a high frequency of calls. One property mentioned had over 160 calls in one year. There are two methods that could be utilized to abate a chronic nuisance property: (1) Expand the use of code enforcement citations (civil citations), (2) Draft a chronic nuisance ordinance that would levy automatic fines for excessive nuisance calls. I have attached the City of Cape Canaveral (limited to frreworks) and the City of Sanford (very broad) code enforcement citation codes for comparative discussion. Also included is the City of Sanford's chronic nuisance code that provides for automatic fines for excessive nuisance calls for your review and discussion. I I Exhibit. Att.cbed, I I I Sanford Codes; Cape Canaveral Code Enforcement Citation Code I Department ADMINISTRA nON cape-nt\kirn\rnydocuments\admin\council\meeting\2007\03_06-07\citation.doc DIVISION 3. CODE ENFORCEMENT CIT A nONS Page 1 of6 ~ ~c~ CA./l-t;\ (..1'~~~,-> DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 2-280. Intent and purpose. (a) It is the intent and purpose of this division to provide a supplemental procedure for the enforcement of city codes and ordinances. Nothing contained in this division shall prohibit the city from enforcing its Code and ordinances by any other lawful means. (b) It is also the intent and purpose of this division to enhance the effectiveness of code enforcement within the city by authorizing the enforcement methods and penalties contained in this division for the betterment and promotion of the public health, safety, and welfare of the citizens of the city. (Ord. No. 06-2004, ~ 2, 4-20-04) Sec. 2-281. Definitions. The following words and phrases shall have the meaning ascribed herein unless the context clearly indicates otherwise: (a) Code enforcement officer shall mean city manager designated employees or agents whose duty it is to enforce the City Code and ordinances. Code enforcement officers may include, but are not limited to, code inspectors, building inspectors, the building official, law enforcement officers, fire safety inspectors, or any other employee or agent authorized by the city council and/or city manager. All such officers employed by the city shall receive training as prescribed by the city council andior city manager. (b) Person shal! mean any individual, associations, joint ventures, partnerships, corporations, trusts, sole proprietorships, and any and all other groups or combinations and legal entities. (c) Repeat violation shall be as defined by F.S. ch. 162, and as may be amended from time to time. (d) Violation shall mean the act of breaking, infringing or transgressing any provision of the City Code, its ordinances or other law by a person, pursuant to this division. (Ord. No. 06-2004, S 2, 4-20-04) Sec. 2-282. Authorization of citation program. (a) The city hereby adopts a code enforcement citation system to provide an additional and supplemental method of enforcing the enumerated codes and ordinances enumerated in section 2-283 or specifically made subject to this division elsewhere in the City Code. The enforcement method shall be by the issuance of citations for violation of duly enacted city codes and ordinances in accordance with the rules and procedures established by this division and F.S. eh. 162, (b) Code enforcement officers shall not have the power of arrest for purposes of bringing a violation in compliance. For each violation, the code enforcement officer shall determine, using reasonable discretion, whether to prosecute the violation through the civil citation system under this division and/or the code enforcement board. (Ord. No. 06-2004, S 2, 4=20=04) http://libraryl.municode.com/mcc/DocView/12642/1I33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 2 of6 .. ~ / L ~.::/ C/1:~i/O~.r>, L-- Sec. 2-283. Applicable codes and ordinances; class violation. ~.. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: (1) Chapter 38, Article IV, Fireworks ... Class II. (b) In the event of a conflict between the civil penalties enumerated in this section and a civil penalty specifically enumerated elsewhere in this Code or other ordinances, the more stringent penalty shall apply. (Ord. No. 06-2004, 9 2, 4-20-04) Sec. 2-284. Training of code enforcement officers. (a) The training and qualifications of the code enforcement officers shall be established by the city councilor city manager. (b) Except for sworn law enforcement officers, the designation of code enforcement officers under this division does not confer the power of arrest or other law enforcement powers nor subject the code enforcement officers to the provisions of F.S. Ch. 943. (Ord. No. 06-2004, 9 2, 4-20-04) Sec. 2-285. Citation powers; personal investigation; reasonable cause. Any code enforcement officer is hereby authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of the duly enacted code or ordinance which is either identified in section 2- 283 of this division or specifically made subject to this division elsewhere in the City Code, regardless of whether the violation constitutes a repeat violation. Nothing in this section shall prohibit thecity from enforcing its codes or ordinances by any other means. (Ord. No. 06-2004, 9 2, 4-20-04) Sec. 2-286. Violation; penalties; general. (a) A violation of a city code or ordinance specifically made subject to this division is hereby deemed a civil infraction. (b) Each violation of a city code or ordinance specifically made subject to this division is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) The maximum civil penalty pursuant to this division, shall not exceed $500.00 plus all applicable court costs and legislative assessments, per violation. (d) Any citation issued pursuant to this article may be contested in county court. (e) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. 99 775.082 and 775.083. (f) The provisions of this part shall not apply to enforcement pursuant to sections 553.79 and http://libraryl.municode.com/mcc/DocView/12642/1/33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 3 of6 (~Cb ~r/c+-~~ c 553.80 of the Florida Building Code, as applied to construction, provided that a building permit is either not required or has been issued by the city. (Ord. No. 06-2004, 9 2, 4-20-04) Sec. 2-287. Citation issuance procedure. All citations issued pursuant to this division by a code enforcement officer shall be in accordance with the following procedure: (a) Warning notice. Except as provided in subsection (b), a code enforcement officer shall provide a warning notice prior to issuing a citation. The warning notice shall at a minimum provide the following: (1 ) The code or ordinance provision violated; (2) The date of the issuance of the warning notice; (3) Specified time for compliance (the time period for compliance shall not exceed 30 days); (4) Maximum amount of fine if violation is not corrected; Ir:;\ Code enforcement officer's signature; and \ovl (6) A place for the signature of the person receiving the warning. If upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation. The citation shall be in a form proscribed in section 2-288. (b) Repeat violation, serious threat to public, or irreparable. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to the issuance of a citation and may immediately issue a citation if a violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (c) Delivery of citations. After issuing a citation to a person, the code enforcement officer shall: (1 ) Deposit the original citation and one copy of the citation with the clerk of court for the Brevard County Court. (2) Provide the person cited with one copy; and (3) Retain one copy in the code enforcement officer's case file. (d) Issuing citations to persons. Written warning notices, if applicable, and citations shall be issued to a person as follows: (1 ) If the person is an individual, the code enforcement officer shall issue the warning notice or citation to the person by hand delivery. In the absence of the person who has committed the violation, issuance of a warning notice or citation may be accomplished by leaving a copy of the warning notice or citation at a person's usual place of residence with any person residing therein who is 15 years of age or older and informing the person of the contents or forwarding a copy of the warning notice or citation by registered or certified mail, return receipt requested. (2) If the person is a business or other entity, the code enforcement officer shall issue the warning notice or citation to any employee or principal of the entity, during regular business hours, and inform the employee or principal of the contents or by forwarding a copy of the warning notice or citation by registered or certified mail, return receipt http://libraryl.municode.com/mcc/DocView/12642/1/33/53/56 2/27/2007 - DIVISION 3. CODE ENFORCEMENT CITATIONS Page 4 of6 C~6 (A"vl'\ ~'2J'V;) L- requested. Each employee of the business or principal shall be deemed to be an agent of the business for seNice of warning notices and citations. (e) Person required to sign citation. Except in the absence of the person who has committed the violation, a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "refused to sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the city police department to report such violation of section 2-286(e) and F.S. 9 162.21 (6). (Ord. No. 06-2004, S 2, 4-20-04) Sec. 2-288. Citation form. Unless a uniform code citation is promulgated by administrative order issued by the chief judge of the 18th judicial circuit or state statute, the citation issued by a code enforcement officer shall be in a form prescribed by the city council by resolution, and shall contain at a minimum the following: (a) The date and time of issuance; (b) The name and address of the person to whom the citation is issued; (c) The date and time the civil infraction was committed; (d) The facts constituting reasonable cause; (e) The number or section of the code or ordinance violated; (f) The name and authority of the code enforcement officer; (g) The procedure for the person to follow in order to pay the civil penalty or to contest the citation; (h) The applicable civil penalty if the person elects to contest the citation; (i) The applicable civil penalty if the person elects not to contest the citation; and U) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty . (Ord. No. 06-2004, S 2, 4-20-04) Sec. 2-289. Payment of penalty; court hearings. (a) Citation not contested. If the person elects not to contest the citation, the person shall pay in full the applicable civil penalty', made payable by cash or check to the city and delivered to the city manager, within 14 calendar days after issuance of the citation. The civil penalty shall be deposited in the city's general fund. By paying the citation, the person shall be deemed to have admitted the infraction and waived the right to a hearing. The city manager shall instruct the code enforcement officer who issued the citation to promptly notify, in writing, the clerk of the court for the county court that the person elected not to contest the citation and the matter involving the particular paid citation has been ciosed and requires no hearing before the court. http://libraryl.rnunicode.com/rncc/DocView/12642/1/33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 5 of6 L~/ CcvvrXL/cn~ _ 6 (b) Failure to pay citation and request court hearing. If the person cited fails to pay the civil penalty by the 14th calendar day after the issuance of the citation or faifs to request a court hearing within the time prescribed in subsection (c), the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in an amount up to the maximum civif penalty plus applicable court costs. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to payor request a court hearing. Failure to respond to an order to show cause may result in issuance of an arrest warrant or other lawful action by the court. (c) Citation contested. If the person elects to contest the citation, the person shall, within 21 calendar days of issuance of the citation, request, in writing, the clerk of the court for the county court to schedule a hearing before a county judge. The person shall immediately notify the city of the request for hearing by U.S. mail or hand delivery to the city manager. Said hearing shall be scheduled as soon as the court calendar shall permit. (d) Judicial determination of violation and penalties; civil judgments; payment of civil judgment. (1) A county judge, after a hearing on the citation, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the county judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution and legislative assessments, plus applicable court costs; in no event, however, shall such civil penalty imposed by the county judge be less than the reduced civil penalty set forth herein. (2) The county judge may provide for the civil penalty to be paid, and the violation to be corrected, within such time as the county judge determines to be appropriate. If the person found to be in violation faifs to pay the civil penalty or correct the violation within the time provided, a civil jUdgment shall be entered against that person in an amount up to the maximum civil penalty plus applicable court costs. (3) Should the person cited schedule a hearing as provided for herein and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty plus applicable court costs; provided, however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, theclerk of the court shall notify the code enforcement officer and the person cited of the date and time of the hearing. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to appear at the hearing. Failure to respond to the order to show cause may result in issuance of an arrest warrant. (4) Should the person cited willfully fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect. (5) In the event that a civil judgment is entered against the person cited as provided herein, the city may record a certified copy of said judgment in the official records of the county and the same shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. (6) In the event that an order is entered finding that a violation of the ordinance cited has been committed, the city may record a certified copy of said order in the official records of the county and the same shall thereafter constitute notice to and be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the http://library1.municode.com/mcc/DocView/12642/1/33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 60f6 ~c-: .--/ (J:-vv Cl- v(9'I...D;'L. violator and any subsequent purchasers, successors in interest or assigns ifthe violation concerns real property. (7) Payment of any civil penalty imposed by civil judgment or county judge shall be made to the clerk of the court, who shall forward the monies collected to the city manager for deposit into the city's general fund. If a jUdgment has been entered for the civil penalty, the clerk of the court shall notify the city when the judgment has been paid and the necessary satisfaction of judgment shall be prepared and recorded in the official records of the county. (8) Should the provisions of this section conflict with any administrative order issued by the court which sets forth the court's procedures required for handling code enforcement citations, the conflicting provisions of the court's administrative order shall prevail. (Ord. No. 06-2004, S 2, 4-20-04) Sec. 2-290. Authorization to enter upon property. A code enforcement officer charged with the duty to enforce this division shall have the right to enter upon private real property in accordance with applicable federal and state law. If entry upon private real property is denied, the city manager is hereby authorized to direct the city attorney to obtain an inspection warrant from a court of competent jurisdiction for purposes of authorizing a code enforcement officer to inspect the private real property and personal property thereon. (Ord. No. 06-2004, S 2, 4-20-04) Sec. 2-291. Classes of violations and penalties. (a) All violations of city codes and ordinances authorized for enforcement under this division shall be classified and assigned civil penalties as foliows: TABLE INSET: Violation Civil Penalty Class! $100.00 Class II 200.00 Class III 300.00 Class IV 500.00 (b) Any city code or ordinance enacted subsequent to the adoption of this division may set forth the appiicabie civil penalty for violations by designating the appropriate violation classification provided in this section. (c) All city code or ordinance provisions which are subject to this division and which do not specifically set forth an applicable civil penalty classification shall be penalized as a class ! violation. (Ord. No, 06-2004, S 2, 4~20~O4) Secs. 2-292--2-299. Reserved. http://libraryl.municode.comlmcc/DocView/1264211/33/53/56 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page I of7 S t:1' /t/';: tJlcU ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Sec. 26-71. Intent. The city hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of citations for violation of city codes or ordinances. The provisions of this article may be used for the enforcement of any city code or ordinance, or for the enforcement of all city codes and ordinances unless prohibited by law. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other means. (Code 1973, ~ 18-80; Ord. No. 3098, 9 1, 3-9-1992) Sec. 26-72. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Code enforcement officer means any employee or agent of the city who has been designated by the city commission to enforce the city's codes and ordinances. (Code 1973, ~ 18-81; Ord. No. 3098, 9 1, 3-9-1992) Cross references: Definitions generally, ~ 1-2. Sec. 26-73. Designation, qualifications and training of code enforcement officers. The city commission is authorized to designate by resolution certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents designated as code enforcement officers shall be determined by resolution of the city commission. Designation as a code enforcement officer does not provide the code enforcement officer with the power to arrest or subject the code enforcement officer to the provisions of F.S. S~ 943.085--943.255. Nothing in this article amends, alters or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law. (Code 1973, ~ 18-82; Ord. No. 3098, ~ 1,3-9-1992) Sec. 26-74. Authority of code enforcement officers. All code enforcement officers are authorized to issue a citation to a person when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person has committed a civil infraction in violation of a city code or ordinance and that the county court will hear the charge. (Code 1973, ~ 18-83; Ord. No. 3098, ~ 1, 3-9-1992) Sec. 26-75. Issuance of warning notices and citations. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time periOd shall be no more than 30 days. If, http://libraryl.municode.comlmcc/DocView/19985/1/67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 2 of7 S~/I/~C/-vO upon personal investigation, a code enforcement officer finds that a person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (Code 1973, S 18-84; Ord. No. 3098, S 1, 3-9-1992) Sec. 26-76. Service of warning notices and citations. (a) A copy of warning notices and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, the warning notice or citation shall be delivered to the alleged violator by leaving a copy of the warning notice or citation at the alleged violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the warning notice or citation or by registered or certified mail, return receipt requested. (b) Whenever an alleged violator has a right or is required to do some act within a prescribed period after a warning notice or citation is delivered by mail, three days shall be added to the prescribed period. (Code 1973, S 18-85; Ord. No. 3098, S 1, 3-9-1992) Sec. 26-77. Violation classification and civil penalty. (a) Violations of city codes or ordinances and the applicable civil penalties shall be classified as follows: TABLE INSET: Violation Civil Penalty Classification Class I $ 50.00 Class II 100.00 Class III 200.00 Class IV 300.00 City codes and ordinances subsequently enacted or amended may set forth the applicable civil penalty for violations by designating the appropriate violation classification. (b) Each violation of a city code or ordinance in the schedule of violations in section 26-78 is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (e) Court costs in the amount of $10.00 per citation collected shall be retained by the clerk of the circuit court. The civil penalties set forth in this section include the court costs. (Code 1973, S 18~86; Ord. No. 3098,3 1, 3-9-1992) Sec. 26-78. Schedule of violations. http://libraryl.municode.comlmcclDocView/19985/I/67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 3 of7 ..s- C::Y11./ I- c?/(L) (a) Violation of the following city codes or ordinances is a civil infraction for which a citation may be issued: TABLE INSET: Chapter/Section Code Requirement Class S 14-4 Keeping live fowl within 150 feet of dwellings. Class I S 14-39(a) Keeping more than 3 dogs or 3 cats at or within residential Class dwellings. I S 18-84 Posting of numbers to be affixed to building, mailbox or other Class approved structures so as to be visible and legible. I Allowing accumulation of junk/trash, wild giOwth in excess of Class S 38-143 18 inches in height and grass in excess of 12 inches in I height. Ch. 38, art. V, div. 3 Keeping of junk cars and parts. Class (S 38-171 et seq.) I S 54-6 Driving over curbs prohibited. Class I S 54-7 Peddling and display of materials, except from licensed Class vehicle, prohibited; requirements to move to new location. I Ch. 62, art. II Recreation ramp requiring city commission approval with Class (9 62-31 et seq.) conditions. I Ch. 82, art. II Garage sales frequency, hours, advertisement and signage Class (982-31 et seq.) regulations. I 9 86-35 Watertight garbage receptacles with a capacity of not more Class than 30 gallons required. I S 86-36 Garbage receptacles and plastic bags shall be placed at the Class curb. I S 86-37 Yard trash shall be properly prepared and placed at the curb. Class I S 86-39 Wet garbage shall be placed in watertight and airtight plastic Class bags or receptacles. I I All refuse fruit and vegetables shaH be kept in plastic bags or I ~Iass I S 86-40(a), (b) receptacles until removed by the city. I S 86-41 Industrial waste shall be stored, collected and removed as Class required by city, state and federal laws. I S 86-43(8) Use of refuse container not authorized by city. Class I S 86~43(c) I ~_e_~_~val of refuse or recyclable materials from an approved Class comalner. II S 86-43( d) Entering or being inside a city-furnished refuse container. Class I S 86-44 Scattering of refuse. Class i , http://library 1.municode.comlmcclDoc View/19985/1I67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 4 of7 5 t'?J fI./ 10 i?_V S 86-47(c)(1) Changing location of container without approval. Class I S 86-50 Construction waste responsibility of the owner/occupant. Class I S 86-52(b) Placement of putrescible materials in recycling containers. Class I S 98-91 City license required to engage in occupations, businesses or Class professions. II Tampering with, unauthorized work on, unauthorized connection to, or in any way altering, damaging any part of the city's utility system, including potable water, reclaimed S 102-1(a) water, sanitary sewer and/or stormwater systems prohibited. Class Tampering or unauthorized work shall include, but not be II limited to, unauthorized operation of city valves, meter tampering, straightlining, unauthorized taps, line rupture and/or illegal dumping. S 102-35 Discharge of any substance or materials which are harmful to Class the operation of the sanitary sewer system. III Obstruction of the flow of any public sewer or clog any , Class . S 102-36 . appurtenance thereof or place any substance, solid or liquid, J other than waste products prohibited. No user shall contribute any pollutant or wastewater (directly S 102-271 or indirectly) which will interfere with the operation or Class performance of the publicly owned treatment works (POTW). I S 102-511 Cross connection to the city's potable water system Class prohibited. I S 102-551 Stormwater discharges to the MS4 and waters of the United Class States. III LOR S 3.6(A) Site development permit required prior to construction or Class alteration. I LOR S 3.6(8) Certificate of compietion required prior to occupancy or Class change of use. I LOR S 5.2 Development plan review required prior to construction Class subject to exemptions. I f"la"'s I I nR 9 " R I ~,,1aintenance of appiOved improvements. II'v I ~~". _.- LOR S 7A(C) Failure to maintain common areas, facilities and Class improvements. I LOR Schedule E, Inoperative vehicles and equipment to be located in buildings Class S 1.0(A) or rear yard and screened per requirements. I I LOR Schedule E, Vehicles and equipment to be set back at least 15 feet along Class I street and ten feet along other parcel lines; no vehieles or I S 1.0(8) equipment to be located in required buffei. I LDR Schedule E, Outdoor display related to retail sales and services shall be Class S 2.0(A) prohibited by definition and screened when required. I LOR Schedule E, Home occupation regulations related to display, floor area, Class S 3.0 structures, uses, motors, family members, noise, odors, and I application. ! http://libraryl.municode.com/mcc/DocViewil9985/1/67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT CrT A nON PROCEDURE Page 5 of7 St7l /1//0/1..fl LOR Schedule E, Outdoor storage and/or display for miscellaneous business Class and services, commercial amusements, wholesale and S 10.0 storage and manufacturing. I LOR Schedule F, Commercial vehicles shall not be parked or stored in Class S 4.0 residential zoning districts. J LOR Schedule F, Inoperable or unlicensed vehicles shall not be parked or Class S 5.0 stored in residential zoning districts. I LOR Schedule J, Vehicular encroachment prohibited within required buffer. Class 9 3.2(0) I LOR Schedule J, Barbed wire and/or chain link fence prohibited within required Class S 3.2(E) buffer. J LOR Schedule J, Site development permit required prior to cutting down, Class 94.1 destroying, removing or moving any living tree. I LOR Schedule J, Maintenance of required landscape as long as the use Class 9 7.0 continues to exist. I Animated signs, billboards, flashing signs, snipe signs, I LOR Schedule K, sandwich signs, seawall signs, beacon lights, bench signs, Class 94.0 signs on public property, immoral display, obstructions and I streamers, spinners and pennants prohibited in all zoning . districts. Regulation of signs identifying activity conducted on premises LOR Schedule K, for commercial, automotive, miscellaneous business and Class S 5.0(E) services, industrial, agricultural processing estabiishments r and transient lodging and entertainment uses. LOR Schedule K Regulation of banner signs. Class I LOR Schedule K Regulation of mobile trailer signs. Class I LOR Schedule K Regulation of motor vehicle signs. Class I LOR Schedule K, Regulation of political campaign signs. Class S 6.1 I LOR Schedule K, Regulation of lighting. Class 9 7.0 I LOR Schedule K, Adequate maintenance of signs required. Class ~ 8.0(C) i - LOR Schedule S Violations of Schedule S Class I General fire safety regulations for reporting hazards, General fire safety notification, disposal, access, storage, overcrowding, Class regulations combustive decorations, protection, extinguishing systems, II standpipes. (b) The citations issued pursuant to subsection (a) of this section may be contested in county court. (Code 1973, 918-87; Ord. No. 3098, ~ 1,3-9-1992; Ord. No. 3148, 92,4-12-1993; Ord. No. 3386, ~ 2, 2-23-1998; Ord. No. 3544, S 1, 2-29-2000; Ord. No. 3671, 91,10-22-2001) http://libraryI .municode.com/mcc/Doc View/19985/1I67 /70 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 60f7 ~0Fl//Orz.,~ Sec. 26-79. Procedures to pay penalty or contest citation. (a) Any person cited for a violation under section 26-78(a) shall, within 30 days of issuance of the citation: (1 ) Pay the civil penalty set forth in the schedule of violations at the clerk of the circuit court's office; or (2) Contest the citation in county court through appearance at the clerk of the circuit court's office to receive a court date. (b) If the person cited pays the civil penalty as provided subsection (a)(1) of this section, he shall be deemed to have admitted the civil infraction and to have waived his right to a hearing to contest the citation. (c) If the person cited appears at the clerk of the circuit court's office to receive a court date as provided in subsection (a)(2) of this section, he shall appear on such court date to contest the citation in county court and he shall be deemed to have waived his right to the civil penalty set forth in the schedule of violations and shall be subject for each violation to the maximum civil penalty, which shall not exceed $500.00 plus any applicable court costs. (d) If the person cited fails to pay the civil penalty "AJithin the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount up to the maximum civil penalty, not to exceed $500.00. (e) Any person who willfully refuses to sign or accept a citation issued by a code enforcement officer or refuses to provide the information required in the citation shall be in violation of this section and such violation shall be prosecuted as a misdemeanor of the second degree, punishable as provided in F.S. 9775.082 or F.S. 9775.083. (Code 1973, S 18-88; Ord. No. 3098, 91, 3-9-1992) Sec. 26-80. Citation contents. The citation issued by the code enforcement officer shall be in a form prescribed by the city and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty' or to contest the citation. (8) The applicable civil penalty if the person elects not to contest the citation. (9) The applicable civil penalty if the person elects to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to http://libraryl.municode.com/mcc/DocView/19985/1/67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 7 of7 SCl"r'/ ~ Of7-C' have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Code 1973, S 18-89; Ord. No. 3098, S 1,3-9-1992) Sec. 26-81. Disposition of citations and civil penalties. (a) After issuing a citation to an alleged violator, the code enforcement officer shall: (1) Deposit the original citation and one copy of the citation with the clerk of the county court; (2) Provide the alleged violator with one copy; (3) Deposit one copy with city clerk; and (4) Retain one copy in the code enforcement officer's department file. (b) All civil penalties received by the county court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court. (Code 1973, S 18-90; Ord. No. 3098, S 1, 3-9-1992) Sec. 26-82. Provisions supplemental. It is the legislative intent of this article to provide an additional and supplemental means of obtaining compliance with city codes and ordinances. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinanc.es by any other means. (Code 1973, S 18-91; Ord. No. 3098, S 1,3-9-1992) http://libraryl.municode.com/mcc/DocView/19985/l/67170 2/27/2007 -