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Home My WebLink AboutCEB AGENDA PKT 09-20-07 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE SEPTEMBER 20, 2007 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: October 18, 2007 NEW BUSINESS: Approval of Meeting Minutes: August 23, 2007 COMPLIANCE HEARINGS: 1. Case No. 06-00062 - Violation of Section 108.1, General; 108.1.1, Unsafe Structures; Section 303.11 Stain,^/ays, Decks, Porches, & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances, (7908 Ridgewood Ave.) Marsha K. & Kent C. Howe, Property Owner. 2. 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. (In compliance) 3. Case No. 07-00127 - Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31; and Section 34-122, of the City of Cape Canaveral Code of Ordinances, (8523 Canaveral Blvd.) - Ahmad Nasajpour, Property Owner. 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. 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES AUGUST 23, 2007 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 23, 2007, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Craig Stewart Vice Chairperson Charles Biederman Walter Godfrey James Hale Karen Hartley Lynn ~v1ars 2nd Alternate MEMBERS ABSENT Raymond Viens Edward Ciecirski 1 sl Alternate OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Bob Hoog Mayor Pro Tem Anthony Garganese City Attorney The Board members established that the next meeting would be held on September 20, 2007. City Attorney Anthony Garganese swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 30. 2007. Motion by Mr. Biederman, seconded by Mr. Godfrey, to approve the meeting minutes of July 30, 2007, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes August 23, 2007 Page 2 COMPLIANCE HEARINGS: 1. Case No. 06-00068 - Violation of Section 108.1.1, Unsafe Structures; Section 303.1. (;ener::1l; Section 303.11 Stairwavs, Decks. Porches. & Balconies. of the International Property Maintenance Code. as adopted 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 testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 07-00063 - Violation of Section 105.1 , Reauired; and Section 109.1 General. of the Florida Buildina 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. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent is in violation of installing windows without the required permit and inspections. Officer Alexander explained that this Case was presented during the July Code Enforcement Board Meeting; however, there was a possibility that the respondent had not received proper service of the notice of hearing. Officer Alexander stated that she has since spoken to the property owner and they are aware that the Case is being presented to the Board. The property owner is in Califomia and was not present at the hearing. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 105.1, Required; Section 109.1, General, of the Florida Buiiding Code, as adopted by Section 82-31 of the City Code and be given until September 20,2007 to come into compliance or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Mr. Godfrey, 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 be given until September 20, 2007 to come into compliance or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 2. Case No. 07-00110 - Violation of Section 14-56. Existing Development: Section 14-55. New Development. of the City of Cape Canaveral Code of Ordinances. (8700 Ridgewood Ave.) - Ocean Oaks Condominium Association. c/o Petey Davis. R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. Code Enforcement Board Meeting Minutes August 23,2007 Page 3 3. Case No. 07-00113 - Violation of Section 14-56, Existinq Development; Section 14-55, New Development, of the City of Cape Canaveral Code of Ordinances, (8470 Ridqewood Ave.) - Flores Del Mar Condominium Association, c/o Petey [)~vi~ R A - --. --. . ... -. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that three night inspections revealed that lighting in the common areas on the Flores Del Mar Condominium building was directly visible from the beach, and in violation of the turtle lighting ordinance. Richard Colarusso, Vice President of Flores Del Mar Condominium Association, testified that he has changed the lighting to reduce the problem by using a 5-watt bulbs and placing amber mesh over the globes. Mr. Colarusso stated that they have also allowed the sea grapes to grow to a height of ten to twelve feet tall to further block the light. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 14-56, Existing Development; and Section 14-55, New Development, of the City of Cape Canaveral Code of Ordinances and be given until May 22, 2008 to come into compliance or be fined five hundred dollars ($500.00), as provided by Section 14-53, plus one hundred dollars ($100.00) for the first day of non-compliance and fifty dollars ($50.00) everyday thereafter until found in compliance. Discussion followed. . . -.. I Motion by Ms. Stewart, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in violation of Section 14-56, Existing Development; and Section 14- 55, New Development, of the City of Cape Canaveral Code of Ordinances and be given until May 22, 2008 to come into compliance or be fined five hundred dollars ($500.00), as provided by Section 14-53, plus one hundred dollars ($100.00) for the first day of non- cornpiiance and fifty doHars ($50.00) everyday thereafter until found in compliance. Vote on the motion carried unanimously. 4. Case No. 07-00117 - Violation of Section 34-98. Building Appearance & Maintenance: Section 34-96. Standards Established: Section 82-12. Unsafe Buildings or Systems: Section 82-56. Standard Unsafe Building Abatement Code Adopted: and Section 110-334, Special Exceptions Permissible By the Board of Adiustment. of the City of Cape Canaveral Code of Ordinances, ( 104 Monroe Ave,) - Dawn M. Heath. R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the propetiy was posted unsafe, following a site inspection. Ms. Alexander explained that staff met with the property owner regarding the condition of the property and the concerns for public safety. Officer Alexander stated that the respondent had the electrical meters removed; however, the condition of the property was deteriorating. Dawn Heath, property owner, testified that prior to the purchase of the property, she asked the Building Official, Todd Morley, if there were any code enforcement issues associated with the property. Ms. Heath stated that she received a letter from Mr. Morley, which stated, "Previous code enforcement actions have been satisfied. Research of our Code Enforcement Board Meeting Minutes August 23,2007 Page 4 code enforcement files indicate that there is no current or pending code enforcement action. The Code of Ordinance does not currently allow a mixed used in any zoning district; correspondently the Code of Ordinance requires that this property be brought into compliance." ~.4s. Heath stated that she had no intensions on using th'e trailer. She agreed that the trailer was unsafe and should be removed from the structure. Ms. Heath further testified that Officer Alexander had requested an inspection of the property during which time Mr. Morley posted the property unsafe. Attorney Garganese asked the respondent what was currently occurring on the property. Ms. Heath replied that there is no business being operated on the property, no one is living there, and the property has been for sale for over a year. Ms. Heath further stated that a sale is pending and hopes to close on the property within a few months. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-98, Building Appearance & Maintenance; Section 34-96, Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions Permissible By the Board of Adjustment, of the City of Cape Canaveral Code of Ordinances and be given until September 20, 2007 to provide staff with the requested affidavits and be given until February 21, 2008 to repair or demolish the structures or be fined one hundred dollars ($100.00) for the first day of non-compliance and fifty dollars ($50.00) everjday thereafter until found in compliance. Discussion followed regarding the request for an affidavit from a structural engineer. Mr. Godfrey stated that the piOperty is vacant and completely fenced off and was not able to justify requiring the property owner to comply with this request. It was the consensus of the Board that the requirement of the affidavit would be a hardship on the property owner. tviotion by Mr. Stewart, seconded by Mr. Godfrey, to accept staffs recommendation (without the structural engineer requirement) and find the respondent in violation of Section 34-98, Building Appearance & Maintenance; Section 34-96, Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions Permissible By the Board of Adjustment, of the City of Cape Canaveral Code of Ordinances and be given until February 21, 2008 to come into compliance or be fined one hundred dollars ($100.00) for the first day of non-compliance and fifty dollars ($50.00) everyday thereafter until found in compliance. Vote on the motion carried unanimously. 5. Case No. 07-00127 - Violation of Section 105.1 , Required: and Section 109.1 General. of the Florida Building Code, as adopted by Section 82-31: and Section 34-122, of the City of Cape Canaveral Code of Ordinances, (8523 Canaveral Blvd.) - Ahmad Nasaipour. Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent is in violation of installing air conditioning units without the required permit and inspections. Code Enforcement Board Meeting Minutes August 23,2007 Page 5 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code and be given until September 20,2007 to come into compliance or be fined one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Discussion followed regarding the amount of the fine. Motion by Mr. Godfrey, seconded by Ms. Russell, to accept staff's recommendation and find the respondent in violation of Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code and be given until September 20, 2007 to come into compliance or be fined two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 9:08 P.M. Approved on this day of ,2007. Mary Russell, Chairperson Joy Lombardi, Board Secretarf City of Cape Canaveral CiTY OF CAPE CANAVERAL Code Case:2006-00062 A Florida MUhicipal Corporation, Date: 9/10/2007 Complainant-,: , '.:. .. V. Marsha K & Kent C. Howe Owner( s) of the property located at: 7908 Ridgewood Avenue, Cape Canaveral Resoondent(s) " - - - 1- - . - -- - - - -, -; Marsha K. & Kent C. Howe NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the vioiation(s), as or this/these date(s) Aprii 19, 2007; June 21, 2007; August 23, 2007, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated April 19, 2007, requiring the respondent{s) to correct such vioiation(s) by June 21,2007; an Amended Order imposing Penalty on First Violation dated June 25, 2007, requiring the respondent(s) to correct such violation(s) by August 23, 2007. The respondent was present at the duly noticed Compliance Hearings held by the Code Enforcement Board on April 19, 2007 and June 25, 2007. The respondent has violated the City of Cape Canaveral Code of Ordinances, to "A/it: Section 1 08.1, General; Section 1 08.1.1, Unsafe Structures; Section 303.11, Stair'.rA/ays, Decks~ Porches & Balconies, of the International Property rv1aintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances, which exist or existed upon the property and respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on September 20,2007, before the Code Enrorcement Board. 1. Property where violation(s) exist(s): 7908 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Marsha K. & Kent C. Howe 7908 Ridgewood Avenue Cape Canaveral, FI 32920 1~*CriPtion of violation(s) at Property: Sj 82-221, ",1,9t7bonal prope)rty Maintenance Code Adopted" .. .e' ;;tf/e ....~r; I _./' ~;; IJ<-'.?' ,,/' '....-/L .,f :.---',(' /j'/";:>k _,,-~; tki're~JiJe~~nde{ ~~ u;e:. _,,<,-,c~,,___ 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: ccapecanavera!@cfLrr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #06-00062 A Florida municipal corporation, Complainant, v. Marsha K. & Kent C. Howe Owner of the Property located at: 7908 Ridgewood Ave Cape Canaveral, FL 32920 LEGAL: OCEANS GATE LOT 1 PLAT BOOK 0031 PAGE 0071 Respondent, / AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIlVIE) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on April 19, 2007 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of LavY' incorporated into this Order as set fOiih herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches, & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code exist or existed upon the Property and Respondent 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 present at the hearing; 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com Case #06-00062 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to 'vvit: Section 108.1, General; Section 108.1.1, Unsafe Structures; Sedion 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. 6. Respondent appeared in person at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 25, 2007. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until Auqust 23. 2007, to correct any violation of the City Code on the Property; and ') If Respondent fails to correct the violation within the time period set forth herein, &.-. the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full cornpiiance 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 shaii be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. 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. Case #06-00062 DONE AND ORDERED at Cape Canaveral, Florida, this 25th day of June, 2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE NA VERAL, FLORIDA Copies furnished to: Marsha K. & Kent C. Howe, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this .:;:;?? day of ~0 ...<:-. , 2007. ~ ~/ --- ;i/. ".C ~ /""~" Joy Lombardi, Board Secretary /. \'1 / \ /"-" 'Vt/ I /'I ~~-"'--l ' I /' ,,/ ,/ i I I ,/ I J i L J. I - l I"" 4, 7..;t/)~ ./ \ /LtA' F<>~/,' (tZ-<_{/ {~~~"--_.,.._._______. \ - -"" \, Duree Alexander, Code Enforcement Officer if\< t,tE'RrIFlltv t/H4{LtI:. "7iX1't, gLffi QC013\0fl (oCD!t1 City of Cape Canaveral NOTICE OF COMPLIANCE DATE: 9/11/2007 Charles & Sharon Lee Hance HIW PO Box 55454 Di\l_r~i,..,ll"'lr. r',.., n"lC::-17 I'\.IVC:IOIYCJ vGt_ i:/Lv II CODE ENFORCEMENT CASE #: 2007-00063 LOCATION OF VIOLATION: 276 Polk Ave. Cape Canaveral, FI. 32920, PROPERTY PARCEL #: 24 3723 CG 43.09 The above property was found to be in compliance on August 31, 2007, by obtaining the required permits and the approved final inspections for the windows installed in your building. Sec. 82-31. Florida Building Code (FLBC) adopted.: Your cooperation in this matter was greatly appreciated. If you have any questions please call Code Enforcement in the Building Department at (321 )868-1222. Alexander Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00127 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 8523 Canaveral Blvd., Cape Canaveral, FI Respondent( s) Ahm::lrl N::l~::linnllr Prnn",rt\l ()wn",r . u... ___ . ...---Jt'-..... I I "_"""__"J _ .VII_, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on September 20, 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 vioiation(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 reai 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 BYTHE 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. DAJEtp this 11 th day of September, 2007 II / /) ;/ /'"'", '/, /~/)P .': , c \'1 ':-,/,;/" _C ._' "c<"~ /- '.." I , (./ t~ /,e -,' .C/._J" l -" ~/i / ///{lA l~..~t/[lZ<~: !!<://,/'~.. ../ Duree Alexander Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #07-00127 A Florida municipal corporation, Complainant, v. Ahmad Nasajpour Owner of the Property located at: 8523 Canaveral Blvd. Cape Canaveral, FL 32920 LEGAL: CASA SERENA CONDO PH I AS DESC IN ORB 2302 PG 2021 AND ALL AMENDMENTS THERETO PLAT BOOK 0017 PAGE 0081 Respondent, / ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on August 23, 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 LaiN incorporated into this Order as set forth h.nrnin 11010111. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcernent Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com Case #07-00127 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until September 20, 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 two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence{s) of any violation{s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation( s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of August, 2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA .... Case #07-00127 Copies furnished to: Ahmad Nasajpour, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this;2L{ day of ji:;\-"'t 0 ,::,-r , 2007. ~ ~, 4," cnA:: ~ Joy LJ5 bardi, Board Secretary IlrAA AIAy::!nnAr r.nnA I=nfnrr'Ampnt ()ffi"pr -::._.__ 6 "._,,,_..__., ____ _11__'__""_"" _111___