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HomeMy WebLinkAboutCEB AGENDA PKT 03-19-09Call to Order Roll Call City of Cape Canaverao AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE MARCH 19, 2009 7:00 P.M. Establish Next Meeting Date: April 23, 2009 NEW BUSINESS: Approval of Meeting Minutes: January 22, 2009 COMPLIANCE HEARINGS: Case No. 07-00117 — Violation of Section 34-98(4)(8), Building Appearance & Maintenance; Section 34-96(d), Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Article III Unsafe Building Abatement Code Adopted, of the City of Cape Canaveral Code of Ordinances, (104 Monroe Ave.) — Heath & Heath Systems, Inc., c/o Dawn M. Heath, R.A. (Director) 2. Case No. 08-00127 — Violation of Section 34-96(b)(d), Standards Established; Section 34-97(a)(1), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure, General; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8740 Croton Ct.) Robert B. Muckenfuss, Property Owner. 3. Case No. 08-00138 — Violation of Section 34-122(x), Public Nuisances Prohibited; and Section 110-551(2)(d)(f), Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances, (201 Harbor Dr.) — Joan Marie Brown, Trustee. (In Compliance) PUBLIC HEARINGS: Case No. 08-00142 — Violation of Section 102, Vegetation, Section 102- 38(a)(b)(1)(2), Enforcement and Penalties; Section 102-39(a), Permit Required; Section 102-49(a)(b), Remedial Action, of the City of Cape Canaveral Code of Ordinances, (210 Canaveral Beach Blvd.) — John L. Ribar & Rick A. Kendust ET AL. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com Enforcement Board la March 19, 2009 Page 2 2. Case No. 08-00172 — Violation of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (337 Coral Dr.) Kathleen Harer & Margaret Yokoyama, Trust 3. Case No. 09-00005 — Violation of Section 94-6(h), Prohibited Signs and Features; and Section 94-77, Signs in Violation, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot on Astronaut Blvd. — Part of SE Y As Desc. in ORB 3677 PG 4215) — Sheldon Cove, LLP c/o William R. Mays, R.A. 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 2ijthnri7e challenges es 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 may or 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 CITY OF CAPE CANAVERAL 'HE -CM OF CAPE CANAVERAL Code Case:2007-00117 A Florida Municipal Corporation, Date: 3/09/2009 Complainant, V. Respondent(s) Heath & Heath Systems, Inc. Dawn M. Heath, R_ A. Owner(s) of the property located at: 104 Monroe Avenue, Cape Canaveral NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUANT to Section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) February 21, 2008; June 19, 2008; September 25, 2008; October 23, 2008; January 22, 2009 and February 18, 2009 described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated August 23, 2007; requiring the respondent(s) to correct such violation(s) by February 21, 2008; June 19, 2008; September 25, 2008; October 23, 2008 and January 22, 2009. The respondent was present or had representation at the duly noticed Compliance Hearing held by the Code Enforcement Board on February 21, 2008; was not present at the duly noticed Compliance Hearing on June 19, 2008; was not present at a duly noticed Compliance Hearing held on October 23, 2008; was not present at a duty noticed Compliance Hearing held on January 22, 2009. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 34-98 (4)(8), Building Appearance & Mainteance; Section 34-96(d), Standards Established; 82-12 Unsafe Buildings or Systems; Article III Unsafe Building Abatement Code, Section 82-56 Standard Unsafe Building Abatement Code Adopted by the City of Cape Canaveral Code of Ordinances, which exist(s) 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 March 19, 2009, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 104 Monroe Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Dawn M. Heath, R. A. 7814 N Atlantic Avenue Cape Canaveral, FI 32920 �ription of violation(s) at Property: 34-98 Building appearance and maintenance ur lexanderri N_ arty r~'a- o r3 t,� __ ❑ )r-, _ rT ,r z^ v .,_v,.l:� �w..�.,,.a., ode Enforcement Officer Telephone. (321) Fax: (321) 868-1247 �vww.myfiorida.ccm/cape email: ecapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA CITY OF CAPE CANAVERAL THE CITY OF CAPE CANAVERAL, Case #07-00117 A Florida municipal corporation, Complainant, V. Heath & Heath Systems, Inc c/o Dawn Heath, R.A. (Director) Owner of the Property located at: 104 Monroe Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOTS 9, 10, 11 BLK 19 PLAT BOOK 0003 PAGE 0007 Respondent, FOURTH 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 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 Law incorporated into this Order as set forth herein. Findings 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 34-98(4)(8), Building Appearance & Maintenance; Section 34-96(d), Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56 Article III lInCafz RiIilrling Abatement Code Adopted, of the City Code exist or existed upon the property and Respondent �,rvas further provided a reasonable time to correct said r� 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, was present at the hearing, and testified that the structure was unsafe and should be demolished - 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Case #07-00117 r4. That based on the testimony and evidence presented, Respondent has violated y Code, to wit: Section 34-98(4)(8), Building Appearance & Maintenance; Section 34 - Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, III Unsafe Building Abatement Code Adopted, 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 had representation at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on February 21, 2008. 7. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 19, 2008. 8. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on October 23, 2008. 9. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 22, 2009. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until February 18. 2009, 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 erlLeled upon a fliing of a Notice of Non-Com.iiance by the Code Enforcement Officer, in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation,. the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this Paragraph shall be retroactively imposed beginning on February 21 2008; 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. Case #07-00117 The Code Enforcement Board hereby reserves the right to take further necessary gainst 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 22nd day of January, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ 1, Chairperson Copies furnished to: Heath & Heath Systems, Inc c/o Dawn Heath, R.A. (Director) 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 �-7 day of vim. , 2009. Joy Ldmbardi, Board Secretary Duree Alexander. C. de Enforcement Officer Kor)ert b IVIUCKentuss El _RAL m, City of Canaveral Owner(s) of the property located at: 8740 Croton Ct. Cape Canaveral, FI. 32920 Code Case:2008-00127 Date: 3/09/2009 NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUANT to Section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) February 19, 2009 described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated January 22, 2009; requiring the respondent(s) to correct such violation(s) by February 19, 2009., The respondent was not present at the duly noticed Compliance Hearing held by the Code Enforcement Board on January 22, 2009. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 34-96 (b)(d), Standards Established; Section 34-97 (a)(1), Duties and Responsibilities for Mainteance; and the International Property Maintenance Code (IPMC) 304.1, Interior Structure, General; IPMC 304.3, Interior Surfaces, of Section 82-221, International Property Maintenance Code as adopted by the City of Cape Canaveral Code of Ordinances, which exist(s) or existed upon the property and the respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on March 19, 2009, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 8740 Croton Ct. Cape Canaveral, Fl. 32920 2. Name and address of owner's) of Property where violation(s) exist(s): Robert B Muckenfuss 8740 Croton Ct. Cape Canaveral, FI. 32920 3. ascription of violation(s) at Property: See'. 82-221. "International Pmnerty MaintPnnnr.P (nria Arinntari" uree Alexander Code Enforcement Officer 7510 NT A+t...- 4..a ...� . t ___ rNrc� Y R !? � r' Atjxvkll—ap Telephone: (321) 868-1222 e Fax: (321) 868-1247 Kw-,,v.myflcrida.com/cape ® email: ccapecanaveral@Dcfl.rr.com s;b Cpb' City ,.. CapeCanaveral Robert B. Muckenfuss Owner of the Property located at: 8740 Croton Ct. Cape Canaveral, FL 32920 LEGAL: OCEAN WOODS STAGE 2 LOT 57 PLAT BOOK 0025 PG 0032 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 January 22, 20019 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, Findings 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 34-96(b)(d), Standards Established; Section 34- 97(a)(1), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure; Section 304.3, Interior Surfaces, 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; 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Case #08-00127 3. That Respondents 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-96(b)(d), Standards Established; Section 34-97(a)(1), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure; Section 304.3, Interior Structure, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until February 19, 2009 to correct any violation of the City Code of l the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph shall he retroactively imposed beginning on januany 22. 2009. 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 #08-00127 DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of January, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ II, Chairperson Copies furnished to: Robert B. Muckenfuss, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Resrnnnrient psi an I/nr Respondent's authorized representative on this 27 day of Tal-) , 2009. 446L� Joy L6Mbardi, Board Secretary Duree Alexander, Code Enforcement Officer Joan Marie Brown - Trustee 201 Harbor Dr. Cape Canaveral, FI. 32920 IN City of Cape Canaveral NOTICE OF COMPLIANCE CODE ENFORCEMENT CASE #: 2008-00138 LOCATION OF VIOLATION: 201 Harbor Dr. Cape Canaveral, Fl. 32920, PROPERTY PARCEL #: 24 371400 256 Respondent(s): Joan Marie Brown - Trustee, The above property was found in compliance on Febuary 6, 2009, by the removal of the boat and trailer without current tags and the maintenance of the grass located under the boat and trailer. 34-122 (a) PUBLIC NUISANCES PROHIBITED: Sec. 34-122. Public nuisances prohibited. (a) All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height. Sec. 110-551. Location of recreational vehicles, camping equipment, boats and boat trailers. (2) Regulations_ The following regulations shall apply to boats, utility trailers, recreational vehicles or special purpose vehicles: d. All vehicles herein permitted shall have affixed thereto a currently valid license tag registered to the vehicle, shall be parked or stored with wheels and tires mounted, and shall be maintained in a movable condition. f. The surface of the lot or parcel of land upon which or above which a boat, utility trailer, recreational vehicle or special purpose vehicle is parked shall be paved or shall be maintained in the same manner as the remainder of the lot or parcel of land and there shall not be permitted upon such surface a growth of weeds, undergrowth or lawn which exceeds the height of the immediately surrounding landscape. Your cooperation in this matter was greatly appreciated. If you have any questions please call Code Enforcement in the Building Department at 368 -1222 - Sin Coda EnforcementQfFin�u_:_ e_.___ _ _r; >,.>rr +�-.��. .v.vv. �.v .m_v__�_s__a. rtvr....t- - �-vv. i -i-1 t�� �� �•`"`E" 326 i Cap,- ( 4laYkla1, 1 L 1a61LV-V,JLV Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.my41orida.com/cape • email: ccapecanaveralC�cfl.rr.com THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, 'City of Cape Canaverai Case No. 2008-00142 NOTICE OF HEARING Owner(s) of the property located at: 210 Canaveral Beach Blvd, Cape Canaveral Respondent(s): John L. Ribar & Rick A Kendust ET AL, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 19, 2009 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. DAT this 6th day of March, 2009 uree Alexander Code Enforcement Officer 75 10 NT d.l..__._ A_._.,..._ n__.. rtLL`__ n_ ov — nYGSSLC S'lS�i r1 L±'. d�c 7L.tl v t .aTSY Telephone: (321) 868-1222 . Fax: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, u City of Cape Canaveral E ENFORCEMENT BOARD tF CAPE CANAVERAL, FLORIDA OTICE OF VIOLATION Owner(s) of the property located at: 210 Canaveral Beach Blvd, Cape Canaveral Respondent(s): John L. Ribar & Rick A Kendust ET AL Case No. 2008-00142 9/16/2008 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 IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 210 Canaveral Beach Blvd, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist(s): John L. Ribar & Rick A Kendust ET AL 2881 Heritaqe Circle. Merritt Island, FL 32952 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Page 2 2008-00142 A site visit revealed large amounts of cut vegetation piled up on your property. An inspection revealed two trees that had been cut down in violation of the City of Cape Canaveral Code of Ordinances Chapter 102, Section 38, Enforcement and Penalties as described below. 3. Description of Violation(s) at property: Sec. 102; Vegetation Sec. 102-38. Enforcement and penalties. (a) Enforcement. The city may enforce the provisions of this division by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in violations of this division shall be deemed irreparable or irreversible. Further, each day a violation continues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102-39 or section 102-40.5. Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00; plus $250.00 per i nn sq,!are feet cleared. (2) Removal of a tree without a permit. Fine of $100.00 per diameter inch, not to exceed $5,000.00 per tree. (1) $250.00 x 3 = $750.00 (2) $100.00 per dbh x (1) @ 27" _ $2,700.00 $100.00 per dbh x (1) @ 23" _ $2,300.00 $100.00 perdbh x (1) @ 16" _ $1,600.00 Total $ $6,600.00 Sec. 102-39. Permits. (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the building official, If a property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall be responsible for obtaining the permit required by this division prior to the tree removal or land clearing. Sec. 102-48. Waivers; incentive program; administrative interpretation appeals; incentive program. (b) Administrative interpretation appeals. Any person adversely affected by an administrative interpretation of this division by the building official may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The city manager shall decide said appeal within five business days. Any person adversely affected by an administrative decision of the city manager under this division may appeal that interpretation to the city council by filing a written notice of appeal of said interpretation within 30 calendar days of said interpretation. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of the city's receipt of said notice of appeal and the city council's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mutual agreement between the city and the person filing the notice of appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an administrative interpretation decision made under this division. Page 3 2008-00142 Sec. 102-49. Remedial action: (a) Violations require remedial action. Where tree removal or land clearing violations of this division have occurred, remedial action shall be_taken _to restore thepropertyconsistent with a restoration plan - approved by the building official or the city council if the violation is inconsistent with plans, permits, or agreements approved by the city council. The restoration plan shall require mitigation of any other damage to the property, as well as tree replacements. The restoration plan shall be in addition to any civil penalty imposed by the city under section 102-38 of this division. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a contribution to the tree bank equal to four times the contribution listed on table 1 or planting four preferred plants listed within section 102-54 before issuance of a certificate of occupancy or certificate of completion. 4. Recommendation to correct the violation(s) described above: You must pay the fine as stated above and submit a remedial plan to Todd Morley, Building Official for approval. 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. you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations ined herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Canaveral.A( 21) 868-1222,.x,13. Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, Cape Canaveral Case No. 2008-00172 V. NOTICE OF HEARING Owner(s) of the property located at: 337 Coral Dr. Cape Canaveal, FI. 32920 Respondent(s): Kathleen Harer & Margaret Yokoyama, ETAL, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 19, 2009 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 legel counsel attend the above referPncPd 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. DATE this 6th day of March 9nog urea Alexander Code Enforcement Officer 7C 10 TT A _I . __ A 11 ♦M -r r -nuc 1-055 l M-- y: ulia. 1 L .1L lLV-V✓LV r Telephone. (321) 868-1222 • Fax: (321) 868-1247 «u,,7,,.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com G0 gar PQ . Canaveral it P n Owner(s) of the property located at: 337 Coral Dr. Cape Canaveal, Fl. 32920 Respnncient(s); Kathleen Harer & Margaret Yokoyama, ETAL 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 violations) has/have been corrected. lF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD RFQtIIREn, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violations) exist(s): 337 Coral Dr. Cape Canaveal, FI. 32920 2. Name and address of owner(s) of property where violation(s) exist: Kathleen Harer & Margaret Yokoyama, ETAL 138 Leon Lane E., Cocoa Beach, FI 32931 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ecapecanaveral@cfl.rr.com A review of our records revieled that permits # 5608 for a Re -Roof and # 5614 to replace duct work have expired without the required approved final inspections. A courtesy notice was sent on 10/28/2008 and 11/3/08 with no reply received by this office. 3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code (FLBC) adopted. Sec 82-31 Florida Building Code Adopted 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the. required permit. 109.1 General Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessble and eXpUseo for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation to correct the violation(s) described above: You must reapply for the permits and receive the required approved final inspections to be in compliance. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. (321-868-1222) Michael Richart Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, I Complainant, Owner(s) of the property located at: Vacant lot on Astronaut Blvd Respondent(s): Sheldon Cove, LLLP William R. Mays, R. A., Cape Canaveral Case No. 2009-00005 NOTICE OF HEARING A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 19, 2009 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 TFRTIMQNY AND EVIDENCE i ipON WHICH THE APPEAL IS TO BE BASED. this 6th day of March, 2009 Puree Alexander `" Code Enforcement Officer 7 G 1 f' T A 1- _ A - _ i mfr` _ !Ti -!a (lrl� t4?r?Rli!_ � i�^Ci � !Cil F't_ t4nti 3�ft a y�r:r� v -r'si ki �i`d ar:av:.+u , . Telephone: (321) 868-1222 . Tax: (321) 868-1247 ,A,ww.myflcrida.com/cape • email: ccapecanavcral@cfl.rr.com City of Cape Canaveral ENFORCEMENT BOARD = CAPE CANAVERAL, FLORIDA )TICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00005 A Florida Municipal Corporation, 1/23/2009 Complainant, V. Owner(s) of the property located at: Part of SE 1/4 As Desc. in ORB 3677 PG 4215 Vacant lot on Astronaut Blvd. Respondent(s): Sheldon Cove, LLLP William R. Mays, R. A., 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 ten (10) 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) ISIARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(Q) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): Part of SE 1/4 As Desc. in ORB 3677 PG 4215 2. Name and address of owner(s) of property where violation(s) exist(s): Vacant lot located nn AGtrnnai it Rlvd, Sheldon Cove, LLL P William R. Mays, R. A. 400 Imperial Blvd, Cape Canaveral, FL 32920 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Page 2 09-00005 A compliant was recieved regarding the location of an off-site sign located on your property. 3. Description of Violation(s) at property: SEC 94-81 Temporary off -premises signs. Sec. 94-6. Prohibited signs and features. (h) Off -premise signs. Any sign not related in its subject matter to the premises on which it is located is prohibited, unless otherwise specified in the Code. Sec. 94-77. Signs in violation. No off -premises signs or signs on vacant land shall be erected, posted, painted, tacked, nailed or otherwise placed or located anywhere in the city. This section shall not apply to real estate or political signs. 4. Recommendation to correct the violation(s) described above: Please remove the sign that has been erected on the South West corner of your vacant lot. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations tained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Me Canaveral. (321) 868-1222 x 13. Code Enforcement Officer