The URL can be used to link to this page

Home My WebLink AboutCEB AGENDA PKT 10-18-07 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE OCTOBER 18, 2007 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: January 17, 2008 NEW BUSINESS: Approval of Meeting Minutes: August 23, 2007 COMPLIANCE HEARINGS: 1. Case No. 06-00059 - 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 of Cape Canaveral Code of Ordinances; and Section 104.1.1, and 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances, (7902 Ridgewood Ave.) Michael Conroy, Property Owner. ? Case No. 06~00062 - Violation of Section 108.1, General; 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 Cape Canaveral Code of Ordinances, (7908 Ridgewood Ave.) Marsha K. & Kent . - C. Howe, Property Owner. ') Case No. 07-00063 - Violation of Section 105."1, Required; and Section 109.1 v. 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) 4. 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. (In compliance) 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 co SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape .. em ail: ccapecanavera1@cfl.rr.com Code Enforcement Board Agenda October 18, 2007 Page 2 PUBLIC HEARINGS: 1. Case No. 07-00133 - Violation of Section 303, Exterior Structures; and Section 303.13, Handrails and Guards, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (244 Cherie Down Ln.) French Lanham, Property Owner. 2. Case No. 07-00165 - Violation of Section 04-2007, Resort Dwellings, Nonconforming Use Status, of the Cape Canaveral Code of Ordinances, (7630 Ridgewood Ave.) Jean Scott, Property Owner. 3. Case No. 07-00169 - Violation of Section 04-2007, Resort Dwellings, Nonconforming Use Status, of the Cape Canaveral Code of Ordinances, (7912 Aurora Ct.) Stuart Welch, Property Owner. 4. Case No. 07-00172 - Violation of Section 04-2007, Resort Dwellings, Nonconforming Use Status, of the Cape Canaveral Code of Ordinances, (510 Tyler Ave.) Jeanine Stevens, Property Owner. 5. Case No. 07-00178 - Violation of Section 04-2007, Resort Dwellings, Nonconforming Use Status, of the Cape Canaveral Code of Ordinances, (807 Mystic Dr., Unit C309) James Courson, 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 \l'Jhich 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 irreievant 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 / 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 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 Mars 2nd Alternate MEMBERS ABSENT Raymond Viens Edward Ciecirski 1 st Alternate OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Bob Haag Mayor Pro T em 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 testirnony. NEW BUSINESS: 1. Approval of Meeting Minutes: Julv 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. 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. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 07-00063 - Violation of Section 105.1. Required: and Section 109.1 General. of the Florida Buildinq Code. as adopted 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 California 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 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. 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 Ridaewood 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 Davis. 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 iight. 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. 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- conlpliance and fifty dollars ($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 ExceDtions 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 property 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 'vAJith the property~ ~y4s: Heath stated that she received a letter fraln rvir. ivioriey, 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." Ms. Heath stated that she had no intensions on using the 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) everyday thereafter until found in compliance. Discussion followed regarding the request for an affidavit from a structural engineer. Mr. Godfrey stated that the property 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. Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staff's 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 adooted bv Section 82-31: and Section 34-"122. of the City of Caoe 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 ~nri in.C"r"\~J""Io+i,...l"'\ro. ~IIU U 1V't--'vvl!Vllv. 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 Secretary City of Cape Canaveral Code Case:2006-00059 Date: 10/08/2007 Michael Conroy Owner(s) of the property located at: 7902 Ridgewood Avenue, Cape Canaveral Respondent( s) Michael Conroy NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) July 19, 2007; October 18, 2007, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated May 17, 2007, requiring the respondent(s) to correct such violation(s) by July 19,2007; an Amended Order Imposing Penalty on First Violation dated July 30,2007, requiring the respondent(s) to correct such violation(s) by October 18, 2007. The respondent was not present at the duly noticed Compliance Hearings held by the Code Enforcement Board on May 17, 2007 and July 30,2007. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 108.1, General;Section 108.1.1, Unsafe Structures, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and Section104.1.1, and 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 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 October 18, 2007, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 7902 Ridgewood Avenue, Cape Canaveral ') Name and address of owner(s) of Property where violation(s) exist(s): "-. Michael Conroy 7902 Ridgewood Avenue Cape Canaveral, FI 32922 3. Description of violation(s) at Property: Sec. 82-221, "International Property Maintenance Code Adopted" W~7 /) /2:5i3.~") ~Z?t/- ~ 1<-.__/ ichael Richart Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape · e-mail: ccapecanaveral@cfl.rr.com 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, / AMENDED ORDER IMPOSING PENAL TV ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 17, 2007 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. FindinQs of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 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 · email: ccapecanaveral@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. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on July 30, 2007. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until October 18, 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 shail schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / 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 #06-00059 DONE AND ORDERED at Cape Canaveral, Florida, this 30th day of July, 2007. CODE ENFORCEMENT BOARD OFTHE CITY OF CAPE CANAVERAL, FLORIDA .l'} ;' /~,;; /1 / ~:.__...__._._ I J' J ...r~'I' ,/^. ~ ~ //".,./' ,j .,.- /; IJ 'Ii I cf-e1g stefart,/fice en 1rperson Copies furnished to: ! l/.i Michael Conroy, 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 .sLL day of -S ,,:, ( \.j ,2007. , Joy Lom~,~~:'etary /1/-) /1 I i A,J" II /) Ji it //)1/1 (/ i/lj'lJ /1/ ,(/; ,i'-) A {...., r t/ V" f....."l..,/._ ^ ,~.J' "-.,..-' '\~,,,..- ~ ,r / E t.,,..,{. ,~x~,"."'"--~ ~..-: " - Duree Alexander, Code Enforcement Officer City of Cape Canaveral Code Case:2006-00062 Date: 10/08/2007 Marsha K. & Kent C. Howe Owner(s) of the property located at: 7908 Ridgewood Avenue, Cape Canaveral Respondent( s) Marsha K. & Kent C. Howe NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these datefs) April 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 violation(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 wit: Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221 of the City 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 October 18, 2007, before the Code Enforcement 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 3. Description of violation(s) at Property: Sec. 82-221, "international Property Maintenance Code Adopted" /' /7 /:' ~ . /tt /y ..' //1::- .) /7 /"'L,...r'~~-.~~~- /~~'z;./_,..... Michael Richart Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape · e-mail: ccapecanaveral@cfl.rr.com 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 TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on April 19, 2007 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches, & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code exist or existed upon the Property and Respondent 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@dl.rr.com Case #06-00062 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches, & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 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, L. the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shaH 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 \^Jithout 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) shail 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 77 day of ~J'~.e:.. ,2007. ~~/ -- ~/ (// .. .~.. L...::> / -,'0'''''" Joy Lombardi, Board Secretary /' 7 ,. I / i ~/ .. - 1 I // ..........""'..------.-.." / ,) ;/ ii/~ #1 -( ) \ 11I~,l,~ '~~/('~_.._----_.. \ Duree Alexander, Code Enforcement Officer Ar EkRTIFI~0 IIHlILtl:. "1f){j.fi 2tt=..fl (;'[D13H:ll ,*fD0 City of Cape Canaveral NOTICE OF COMPLIANCE DATE: 9/11/2007 Charles & Sharon Lee Hance HIW PO Box 55454 Riverside, Ca. 92517 CODE ENFORCEMENT CASE #: 2007-00063 LOCATION OF VIOLATION: 276 Polk Ave. Cape Canaveral, FI. 32920, PROPERTY PARCEL #: 24 37 23 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. ~. cetely. I., /" f J ~'//../ . I L- i", ,., _"" ~~~ .r; // f.j /? ~. ;. l'{HC~,r lv' . 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 NOTICE OF COMPLIANCE DATE: 9/20/2007 Ahmad Nasajpour, Property Owner 3502 Palomino Road Melbourne, FI 32934 CODE ENFORCEMENT CASE #: 2007-00127 LOCATION OF VIOLATION: 8523 Canaveral Blvd., Cape Canaveral, FI, PROPERTY PARCEL #: 24 371451 3 1001 The above property was found to be in compliance on September 18, 2007, by obtaining the required permit(s) and the required approved final inspection(s) for the AlC handlers installed in units 8523, 8531 and 8533 Canaveral Blvd. Sec. 82-3'1. 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 (32'1)868-1222. "j siffelY, .."'~ t )// /\ ! ,_I // . ! fl' / .., / l/ (/. ....... . I I ;. {I'///I Ifi/I/i./;,/I,' /. I I /l.LJi j F i Ivf X_.d{/( .f./c{~.. '~" . \ v /'" - ~,.../ v~f \../ [.... . -~ .---...... Duree Alexande 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 CITY OF CAPE CANAVERAL Case No. 2007-00133 Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 244 Cherie Down Lane, Cape Canaveral, FI Respondent( s) French C Lanham, Property OVv'ner A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 18,2007 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 Enforcernent Board are legal in nature, you may wish to havA 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 8th day of October, 2007 ~1f c 1Z-;- H~) I {?~_>_ 1(~~7/ Michael Richart . Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 · SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA I\I(,)TIr'&:: (')1= \/1(')1 e. TI(,)I\I .''''......,i.-'-''I YI'-"L.J\.I."""" THE CITY OF CAPE CANAVERAL Case No. 2007-00133 A Florida Municipal Corporation, 7/16/2007 Complainant, v. Owner(s) of the property located at: 244 Cherie Down lane, Cape Canaveral, FI Respondent( s) French C Lanham, Property Owner PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE 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): 244 Cherie Down Lane, Cape Canaveral, FI 2. Name and address of owner(s) of property where violation(s) exist: French C Lanham, Property Owner 244 Cherie Down Lane, 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.myt1orida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at property: Sec. 82-221, "International Property Maintenance Code Adopted" Sec. 82-221. International Property Maintenance Code (IPMC) adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. Section 303; Exterior Structures Section 303.13; Handrails and Guards: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Sec. 34-98. Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: (5) Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and such shall be kept structurally sound in good repair. The railings on your front balcony are missing. This is a safety issue. Please secure the sliding glass door, which opens onto the balcony, by placing (3) 2X4's as follows: one horizontally at 42" inches (measured from the floor), one at 22" inches and one at floor level. These 2x4's shall be mechanically fastened (screwed or nailed) to the wall at each side of the sliding glass door, to sufficiently prohibit access to the balcony. This must be completed \rAJithin five 'v"Jerking days of the receipt of this notice. 4. Recommendation to correct the violation(s) described above: Obtain a permit and the required approved final inspection to replace the railings on your balcony. 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. IJ you have any questions regarding this Notice, of Ordinance/Code Violation or the recommendations pontalned herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Icat:;;1t" ~. 1L1 .,~. / I . '.L.6 - \ Du e e nder '---__. Code Enforcement Officer $0.,1 /... - '180 \..- C-<j-6 . C6rtifi6dF6eJ $2.65~W F \~0\ 11= ,,~e;urn i'!e2eipt Fee . I Crj P~rk \~. I ,_n"U,s~mel1"ieqUired) $2.15 '! ~ ) S;' ,Bestncted Delivery Fee uJ \ ;;;/ (r::ndorsementRequired) $0.00 ~ \ ~ }Pi ~'g ^" ~ "", 2 0 ~ ;v. 1 (I? 12007 PrAnr>t.. n T ..... . .'-'U~ll ~. Lanham P ~44 Cherie Down Lan~perty Owner --------------1 ape Canaveral PI , ,............-..~...._-......-... ~~f:"l'!<W""['m,~"..A"". 0)/33 NC/ ~ City of Cape Canaveral CITY OF CAPE CANAVERAL Case No. 2007-00165 Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 7630 Ridgewood Avenue, Cape Canaveral Respondent( s) Jean Scott A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 18,2007 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 INr::lUDES THE TESTIMONY AND EVIDENCE UPON \NHICH THE APPEAL IS TO BE B,A,SED. DATED this 8th day of October, 2007 -~~~)il E/!'\ / r v~ , k,~-------r..'--'~ Michael Richart Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cflrr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2007-00165 A Florida Municipal Corporation, 9/05/2007 Complainant, v. Owner(s) of the property located at: 7630 Ridgewood Avenue, Cape Canaveral Respondent( s) Jean Scott PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation{s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the vio!ation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent( s) to correct the violation( s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 7630 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Jean Scott 22527 Wood Branch Road, Georgetown, DE 19947 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@cfI.rr.com 3. Description of Violation(s) at property: Ordinance 04-2007; Resort Dwellings; Resort Condominiums; Nonconforming Use Status; Expiration: (d) It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (Low Density Commercial District) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety, and welfare of the public that occupy resort dwellings and resort condominiums, the city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within the city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. Ordinance 04-2007; Rental Restrictions on Dwelling Units. It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days in any zoning district, excluding hotels, motels under section 110-334 (4) and resort condominiums in the C-1 zoning district. It has come to the attention of staff that you are renting your property located at 7630 Ridgewood Avenue, Cape Canaveral as a resort dwelling. We realize you have applied for the certificate of nonconforming status; however, you have not been issued the certificate and the City of Cape Canaveral Code of Ordinance requires that you obtain the Certificate of Nonconforming Status prior to the operation of a resort dwelling. Please provide evidence of cessation by submitting a notarized statement to City Staff. 4. Recommendation to correct the violation(s) described above: You are required to cease and desist all resort dwelling rentals until such time as you have obtained the required Certificate of Non-conforming Status. Failure to comply within fifteen (15) days in regards to the maintenance of your property, 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 C~ CanaveraL / . "Ale:' :r r; t2-1J!c/-__ . Code Enforcement Officer City of Cape Canaveral OF CAPE CANAVERAL Case No. 2007-00169 Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: 7912 Aurora Court, Cape Canaveral Respondent( s) Stuart Welch A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 18, 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(:J) 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 8th day of October, 2007 d" ~~\ /} /, //U~//)LJ~ Michael Richart Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 www,myflorida.com/cape · e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2007-00169 A Florida Municipal Corporation, 9/06/2007 Complainant, v. Owner(s) of the property located at: 7912 Aurora Court, Cape Canaveral Respondent( s) Stuart Welch 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 g~ves notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that correctiv~, action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 7912 Aurora Court, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Stuart Welch 7912 Aurora Court, r:"'n~ r:"'n"'\J~r",1 1=1 ':l?Q?n __,..,_ __J'_"___', , I _&-......~..., 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@cfl.rr.com 3. Description ofViolation(s) at property: Ordinance 04-2007; Resort Dwellings; Resort Condominiums; Nonconforming Use Status; Expiration: (d) It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (Low Density Commercial District) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety, and welfare of the pUblic that occupy resort dwellings and resort condominiums, the city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within the city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. It has come to the attention of staff that you are advertising your property for rent as a resort dwelling. We realize you have applied for the certificate of nonconforming status; however, you have not been issued the certificate and the City of Cape Canaveral Code of Ordinance requires that you obtain the Certificate of Nonconforming Status prior to the operation of a resort dwelling. Please provide evidence of cessation by submitting a notarized statement to City Staff. 4. Recommendation to correct the violation(s) described above: You are required to cease and desist all resort dwelling rentals until such time as you have obtained the required Certificate of Non-conforming Status. Failure to comply within fifteen (15) days in regards to the maintenance of your property, 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 bel9w signed Code Enforcement Officer at the City of ca/fnaveral. li~()c~ Duree Alexander Code Enforcement Officer THIS SECTION ON DELIVERY i ~ I h r Lc4 ' 0 Agent I ' Addressee by ( Printed Name) C. Date of Delivery Return Receipt.Fee (Endorsement ReqUired) Restricted Del!.ve~.~::- (Endorsement MequlI"ul r-. ,. Total Po "f'" ---1 i _,," Swart Welch C ~:j J ........... 7912 Aurora Court , J Street Ap ,...... : ~s: Cape Canaveral,_ F13~920 . :'" m (&1 N V n_.____..._..=.... - . -. .' '-'- - e ail '" II :1' .... 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service labelj 7006 3 450 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 City of Cape Canaveral CITY OF CAPE CANAVERAL Case No. 2007-00172 Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 510 Tyler Avenue, Cape Canaveral Respondent( s) Jeanine Stevens A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 18,2007 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 0,- said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRiHIVE 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 8th day of October, 2007 /1/::7' :2:_r;) lL7~' . -") l/ c.~ . -<--- Michael Richart Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 · SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA II.I("\TI('C ("\C \/1("\1 A TI("\ I< , .'4"'" f "JL-.....,-' Y I'-'I-r\ I IVI.... THE CITY OF CAPE CANAVERAL Case No. 2007-00172 A Florida Municipal Corporation, 9/11/2007 Complainant, v. Owner( s) of the property located at: 510 Tyler Avenue, Cape Canaveral Respondent( s) Jeanine Stevens PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, ihe undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLA TION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN iNSPECTION. 1. Property where violation(s) exist(s): 510 Tyler Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Jeanine Stevens 510 Tyler Avenue, Cape Canaveral, Fl 32922 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfLrr.com 3. Description ofViolation(s) at property: ORD 04-2007; Resort Dwellings:Nonconforming Use Status; (d) It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (Low Density Commercial District) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety, and welfare of the public that occupy resort dwellings and resort condominiums, the city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condorninium within the city is in compiiance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. 4. Recommendation to correct the violation(s) described above: You are required to cease and desist all resort dwelling rentals until such time as you have obtained the required Certificated of Non-Conforming Status. Please provide evidence of cessation by submitting a notarized statement to City Staff and change all advertisement to thirty days or more. Failure to comply within fifteen (15) days in regards to the maintenance of your property, 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 I/O ave rn I . , /1_7 ---, f /-~/ '/~ / 1 I {/;tv J (j ht.lL4 ... .t:~r/J/~~l / 0"ti"/ .', ~., r -' /' "L.-~...<~ ,'L...<:::':~_'-<o....------.. ~ree Alexander .. Code Enforcement Officer CilY uf Cape Canaveral CITY OF CAPE CANAVERAL Case No. 2007-00178 Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: 807 Mystic Drive, Unit C309, Cape Canaveral Respondent( s) James D. Courson A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 18,2007 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 8U'I day of October, 2007 ~/ pC /;) /~ / / v~----v~f.-/ / ~-- v<---.-' Michael Richart Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 · SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOT!CE OF VIOLA T!ON THE CITY OF CAPE CAN A VERAL Case No. 2007-00178 A Florida Municipal Corporation, 9/24/2007 Complainant, v. Owner(s) of the property located at: 807 Mystic Drive, Unit C309, Cape Canaveral Respondent( s) James D. Courson PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE V!OLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 807 Mystic Drive, Unit C309, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: James D. Courson 714 E Central Blvd, Orlando, FL 32801 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: ORD 04-2007; Resort Dwellings; Resort Condo; Nonconforming Use (d) It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (Low Density Commercial District) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety, and welfare of the public that occupy resort dwellings and resort condominiums, the city manager is hereby authorized to take whatever laiivful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within the city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. Ordinance 04-2007; Rental Restrictions on Dwellings; It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days in any zoning district, excluding hotels, motels under section 110-332(4) and resort condominiums in the C-1 zoning district. It has come to staff's attention that you are renting out your unit located at 807 Mystic Drive for less than thirty days and less than seven days. This is violation of the City of Cape Canaveral Ordinance 04-2007. 4. Recommendation to correct the violation(s) described above: You are required to cease and desist all rentals for less than thirty days. Please provide evidence of cessation by submitting a notarized statement to City staff and proof that all advertisement has been changed to reflect thirty days or more. Failure to comply within fifteen (15) days in regards to the maintenance of your property, 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 (! canaveral.; 7 ) , zl ft' Yt)afj:"L( . .6tl:lt<7L( ,e/<-/, Duree Alexander Code Enforcement Officer