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HomeMy WebLinkAboutCEB AGENDA PKT 04-23-09Call to Order Roll Call City of Cape AGENDA ODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE APRIL 23, 2009 7:00 P.M. Establish Next Meeting Date: May 21, 2009 I�IAM/:1=41►�I4M Approval of Meeting Minutes: March 19, 2009 PUBLIC HEARINGS: Case No. 08-00124 —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, (221 Columbia Dr. #124) The Plaza Owners Association. Inc. c/o Darlene A. Brinkley, R.A_, Ernest W. Lanaris. 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 Cilie of (gape Canaveral (otjr of (*)rr�innn^o /`227 P`^. 1 Ml v� �+., y 1 -7 -ape vu��u vv�w vuu u1 vIulij 111: Q Kathleen Harer & Margaret Yokovama, ETAL. 3. Case No. 09-00028 — Violation of Section 34-98(6), Article III, Building Appearance & Maintenance; Section 82-12, Unsafe Buildings or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure, General; Section 304.2, Structural Members, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8500 Rosalind Ave.) — Whispering Oaks Condo Ph 1, c/o Marilyn A. Rigerman, R.A. 4. Case No. 09-00022 - Violation of Section 102, Vegetation; Section 102- 38(a)(b)(1), Enforcement and Penalties; Section 102-39(a), Permit Required; Section 102-40(a)(6), Permit Criteria, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot, West of 6395.N. Atlantic Ave.) — Banana River LP aka Banana River of Delaware, LTD, c/o Helen M. Ward, R.A., North Atlantic Avenue Properties, LLC, c/o Helen M. Ward, R.A., Steven J. Porter, Trustee, John K. & Michelle J. Porter, H/W. 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 Orode Enforcement Board Agenda April 23, 2009 Page 2 5. Case No. 09-00025 - Violation of Section 102, Vegetation; Section 102- 38(a)(b)(1), Enforcement and Penalties; Section 102-39(a), Permit Required; Section 102-40(a)(6), Permit Criteria, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave. Vacant area located to the North) — Supra Color Enterprises, Inc., c/o Kurt Tezel, R.A. 6. Case No. 09-00036 — 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, (150-164 Johnson Ave.) — Avon Terrace LLC, c/o David B. Daley, R.A. OLD BUSINESS: Case No. 08-000142 — 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. (Application for Satisfaction or Release of Code Enforcement Lien) Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony_ and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / 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 CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 19, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on March 19, 2009, 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 Raymond Viens Charles Biederman Walter Godfrey James Hale Lynn Mars Ralph Lotspeich Ifil:01►fl- _ : ► 1 Edward Ciecirski Karen Hartley OTHERS PRESENT Duree Alexander Joy Lombardi Dennis Clements Bob Hoog Kate Latorre Chairperson Vice -Chairperson 1st Alternate 2"d Alternate Code Enforcement Officer Board Secretary Acting Building Official Mayor Pro Tem Assistant City Attorney The Board members established that the next meeting would be held on April 23, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: January 22, 2009. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of January 22, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 19, 2009 Page 2 COMPLIANCE HEARINGS: 1. Case No. 07-00117 — Violation of Section 34-98(4)(8). Buildina 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). Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the violation is for unsafe structure, building maintenance, and the condition of the property. Officer Alexander testified that the special exception has been approved for the car wash and the building permit application package has been submitted and is under review. Ron Lovell, general contractor for the project, stated that the final building plan has been submitted and is under review. Mr. Lovell requested an extension of time stating that if there were additional comments, they would have to be sent to the architects and that takes time. Officer Alexander respectfully requested that the Board find the respondent in non- compliance and amend the Board Order to give the respondent until April 23, 2009 to come into compliance or the fines in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on February 2-1 , .01-0108.010v. nlsiussioi followed regarding the amount of +iii-.is extension - Mr. Lovell stated that he did not foresee any problems, however he explained that one month may not be enough time due to the time it takes to receive the comments from architects. It was the consensus of the Board that they would not be opposed to an additional extension of time if needed. Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in non-compliance, and be given until April 23, 2009 to come into compliance or the fines in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively impnsed heginning on February 21, 2008, Vote on the motion carried unanimously. 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 PropertX Maintenance Code, as adopted by Section 82-221, of the Cit, of f Cape Canaveral Code of Ordinances. (8740 Croton Ct.) Robert B. Muckenfuss, 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 a complaint was filed for the condition of the property. Officer Alexander stated that a site visit revealed trash & debris, a broken window, the ceiling falling down (viewed through an open sliding glass door), mold, and there were concerns regarding the roof condition. Code Enforcement Board Meeting Minutes. March 19, 2009 Page 3 Mr. Morley, Building Official posted the property "Restricted Access" and stated that there was evidence of a severe roof leak and that there were concerns regarding adequacy of the structural members. Officer Alexander reported that the respondent is not in compliance. Officer Alexander respectfully requested that the Board find the respondent in non- compliance 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; and 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, and impose the fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter be retroactively imposed beginning on January 22, 2009. Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non-compliance, and impose the fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter, retroactive from January 22, 2009. Vote on the motion carried unanimously. 3. Case No. 08-00138 — Violation of Section 34-122(a), 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. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: Case No. 08-00142 — Violation of Section 102. Veaetation: 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 fon Code Enforcement Officer, Duree Alexander provided and overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the violation is for the removal of trees without the required permit. Officer Alexander further stated that the trees in question were Australian pine trees. Officer Alexander explained that this Case was postponed from the previous meeting for additional information and research of the Flnririn Mate Statue 3669,251 which states that a person may not sell transport collect, cultivate, or possess several invasive species of trees. Assistant City Attorney, Kate Latorre stated that this does not forgive the permitting requirement of the City as per Section 102-39. Officer Alexander explained that the intent of the City Code as per Section 102-37(c) is for protection of trees native to central Florida and the trees on the desirable species list and to encourage Droner removal of exotic. nest trees_ Code Enforcement Board Meeting Minutes March 19, 2009 Page 4 Mr. Ribar testified that he was not aware that a permit was needed to remove the trees. He stated that the trees were damaging underground lines, the fence, and the building so he asked a landclearing company for an estimate to remove the trees and how soon they could do the work. They told him they could start immediately, so the trees were removed. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-39, Permits, of the City of Cape Canaveral Code of Ordinances, and the respondent be fined seven hundred and fifty dollars ($750.00) per Section 102-38(b)(1), and the respondent be given until May 20, 2009 to comply and to meet the tree replacement remediation requirements per Section 102-49(b). Motion by Mr. Viens, seconded by Mr. Godfrey, to find the respondent in violation and impose a fine in the amount of seven hundred and fifty dollars ($750.00) and be given until May 20, 2009 to comply and to meet the tree replacement remediation requirements as per Section 102-49(b). Vote on the motion carried unanimously. 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 Yokoyarna, Trust. Code Enforcement Officer, Duree Alexander requested that this Case be withdrawn from the agenda due to the fact that proof of proper notification had not been received. 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'/4 As Desc. in ORB 3677 PG 4215) — Sheldon Cove, LLP c/o William R. Mays, R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. ADJOURNMENT: There being no further business the meeting adjourned at 8:07 P.M. Approved on this day of , 2009. Mary Russell, Chairperson Joy Lombardi, Board Secretary CITY OF CAPE CANAVERAL THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, ' Complainant, V. Case No. 2008-00124 NOTICE OF HEARING Owner(s) of the property located at: 221 Columbia Dr. #124 Cape Canaveral, Fl. 32920 Respondent(s): The Plaza Owners Association, Inc. C/O Darlene A. Brinkley, R. A. Ernest W Lanaris, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 23, 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(-.) as set forth in the Notice(-.) 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 th_e_ 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 PART Y, 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. ZDD this 13th day of April, 2009 Duree Alexander ' Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com y iil 1 JCity of Celt,%e CanaveralttF Owner(s) of the property located at: 221 Columbia Dr. #124 Cape Canaveral, FI. 32920 Respondent(s): Ernest W Lanaris 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 thirty (30) 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, =rid a penalty as provided below may be imposed. vG u 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 da_v 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): 221 Columbia Dr. #124 Cape Canaveral, FI. 32920 2. Name and address of owner(s) of property where violation(s) exist: Ernest W Lanaris 2121 Ala- Wai Blvd. #1606, Honolulu, Hi. 96815 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 A review of our records revealed that permit # 5525 has expired without the required approved final inspection. An inspection was performed on 7/9/08, but was rejected. ( See Attached) 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 accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation to correct the violation(s) described above: You must reapply for the permit and receive the required final inspection. Failure to comply within thirty (30) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations + dherein,d + hesitate t + +--+ 'h h 1 A --A-'nf - Officer er - the 'City, f VolllailleU do 1101 �leslla a to liolllLl le UGIOVV sigl ieU %.IUC LIQ Ull.elllellt VIIII.C� al Ll 1e ViLy of Cape Canaveral. (321-868-1222) Michael Richart Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, City of Cape Canaveral Community Development Department 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 April 23, 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 p imi °ant 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. LD�OD this 13th d y of April, 2009 Duree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral Owner(s) of the property located at: 337 Coral Dr. Cape Canaveal, FI. 32920 Respondent(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 a: r equir cu io aiicn%I 4 I Iedr if lg 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 vinlgtinn did-C,_rilhinrI in this notice until the violation(3) hasihave been corrected. IF T HE 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): 337 Coral Dr. Cape Canaveal, FI. 32820 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 wwwmyflorida.com/cape • email: ccapecanaveral@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 accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation to correct the violation(s) described above: You must reapply for 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 i utice of Uldiiiaiice/1-ode Violation or the recommendation 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 1 E �s Ci f Cape Canaveral City oap Community Development Department CITY OF CAPE CANAVERAL THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 8500 ROSALIND AV Respondent(s): Whispering Oaks Condo Ph 1 Marilyn A Rigermaz, R. A., Case No. 2009-00028 NOTICE OF HEARING A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 23, 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 Ext tiGtlT ' alnd s1 �ai1 I d- m, 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 witness€ s in defense at the hearing. Since the proceedings of the Code Enforcement Rnarrl are legal ;., „�+,— „<,...,,. ....:_I_ �_ �__ - - -- ---•- are legal i , .�MUIU, YUU clay wlJn Lo nave 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 I ]PON WHICH THE APPEAL IS TO BE BASED. D ED this 13th day of April, 2009 l t dee Afpxandel` Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD ITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION ;AL H rionaa Municipal uorporatlon, Complainant, v Owner(s) of the property located at: 8500 ROSALIND AV Respondent(s): Whispering Oaks Condo Ph1 C/OMarilyn A Rigermaz Case No. 2009-00028 3/13/2009 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 i.,, .... i.m io® ..®i. ...l....: i.. ... ._..._ IJlt7I C iu uc yul�an4tfI uy Ptff lL)I I II U WILFIIfI the Spe-Q leo ilrne Trames stated within in IS Notice Or Violation_ 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 helow may him 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 c �FFIC:ER AniD REOL IEST AN INSPECTION. 1. Property where violation(s) exist(s): 8500 ROSALIND AV Units 4, 7, 8 2. Name and address of owner(s) of property where violation(s) exist: I lnit R -lames Leroy Capps 8500 Rosalind Avenue #8 Cape Canaveral, FL 32922 Unit 7, Federal Home Loan Mortgage Corporation 8200 Jones Branch DR MS 202 McLean, VA 22102 _. _.. ..,,............... X ✓;O iaaa1l 4 L Lt"l♦w.i____r- ti�u.dav%ai.��' " Telephone: (321) 868-1222 . Fax: (321) 868-1247 wurur.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Page 2 09-00026 Unit 4, Rosanne Scirotto & Rossano Macari 8500 Rosalind Avenue *4 Cape Canaveral, FL 32920 A complaint was filed and a site inspection revealed damage to a carport support. This is an "Unsafe Condition" and must be address immediately. You will be required to shore the carport immediately, until such time as it can be properly repaired as described below. You may not remove the unsafe posting until such time as the repairs have been completed. In addition, unit number (4) four has damage to the front portion of the roof with possible deterioration of the roof trusses from water damage. Due to the length of time this has been allowed to remain without repair the attic has developed mold, which is consider a health hazard. 3. Description of Violation(s) at property: Sec 82-12; Unsafe Building or Systems Sec. 82-12. Unsafe buildings or systems. All buildings, structures, which are unsafe, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code (SUBAC) or other provisions of the City of Cape Canaveral Codes. SUBAC Section 101.6, Maintenance; all buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures. Sec. 82-221. International Property Maintenance Code (IPMC) adopted. The International Propel ty rya. i teiai %e r ode19,38 edition eeal ou- m,as bythernatioCde Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Section 304.1, General, the interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. IPMC Section 304.2 Structural members, all structural members shall be maintained structurally sound and be capable of suDDortina the imposed leads ARTICLE Ill. PROPERTY MAINTENANCE STANDARDS* Sec. 34-98. Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: 6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, miss-Ingshingles or tiles. NOTE: The Building Official has declared the structure unsafe due to the fact that the support beam located between the two adjoining carports has been damage to the extent that it can no longer support the structure. Therefore the following required action is to be completed within the stated time frame. The structure must be shored until such time as a permit and the required approved final inspection can be obtained. The work must be commenced within sixty (60) days from the receipt of this notice and continued to completion- The work must cnmply with the requirements of the Standard Building Code and or the Florida Building Code, 2007 edition in accordance with 101.4. Any person having any legal interest in the property may appeal the notice by the building Official to the Board of Adjustment and appeals; and such appeal shall be in writing in the form specified in 401 and shall be filed with the Building Official within thirty (30) days form the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing. (401 attached) Page 3 09-00028 RECOMMENDATIONS: 4. Recommendation to correct the violation(s) described above: You must shore the unsafe structure immediately upon receipt of this notice. You must obtain the required permit(s) and approved final inspection(s) for the repair of the unsafe carport within the specified time stated above. You must repair the front portion of the damaged roof in unit #4 and abate the mold issue in the attic. Failure to comply within the specified time as stated 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 co tai ed herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape anaveral. (32 ) 86 - 2_x 15.. Dureeree Alexander _. Code Enforcement Officer Dennis Clements Acting Building Official Dear Mr. Porter, Thank you for your request. You will be placed on the agenda for the Code Enforcement Hearing on April 23, 2009, at 7:00 p.m. Please do not hesitate to contact me if you have any questions. Sincerely, Duree Alexander Code Enforcement Officer City of Cape Canaveral From: John Porter[mailto:johnp@porterworldtrade.com] Sent: Wednesday, April 15, 2009 2:52 PM To: alexander-cape@cfl.rr.com Subject: Case no2009-00022 land clearing Hi Duree, Please see if you can get me on the next Code Enforcement Board Meeting on April 23rd. Please advise if this is possible. Thank you, John safe ple ',aor in Rapport John Porter .. P.d rest ent Porter World Trade, Inc 405 Atlantis Road, Suite El 15 Cape Canaveral, Florida, 32920 32-211-783-1649y 321-783-8817 (Fax) john (cr porterworldtrade.com http://www.porterworldtrade.com Customized Pens, Pencils, Magnets, Key Chains, Drinkware and Novelties Art, Packaging, Labeling & On Tirne Delivery City of Cape Canaveral C". L7 CODE ENFORCEMENT BOARD CAPE CANAVERAL CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00022 A Florida Municipal Corporation, 3/05/2009 Complainant, V. Owner(s) of the property located at: Vacant parcel located West of 6395 N Atlantic Avenue Respondent(s): 2�0 —Banana River LP aka Banana River of Delaware, LTD C/O Helen M. Ward, R.A. North Atlantic Avenue Properties, LLC C/O Helen M. Ward,R.A. &315 - Stephen J. Porter, Trustee �15 ® John K. Michelle J. Porter, H/W PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cage_ 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 thirty (30) days. En the nsran+++, a+ +h,. ,,;..I..a;....r_� :_r-..._ .__� corrected •,. .. .. _ _ t event Ll IC1t Llhe violation(s) isiaie 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 in addition, as set forth in Al ticle 11, Tree Protection Division, shall impose one or more of the penalties as set forth in Section 102.33 Enforcement and Penalties. 1. Property where violation(s) exist(s): (1) 290 Cape Shores Circle, Cape Canaveral (2) 6315 N Atlantic Avenue, Cape Canaveral (3) 215 Holman Road, Cape Canaveral (4) Vacant Parcel ##24-37-26-00-00253.2-0000.00 2. Name and address of owner(s) of property where violation(s) exist(s).- (1) xist(s):(1) Banana River LP aka Banana River of Delaware, LTD C/O Helen M. Ward, R.A 6419 N Atlantic Avenue Cape Canaveral, FL 32920 7 *5 10 N. Atlantic Avenue - Post Office Box 326 s Crape Canaveral, FL 32920-0326 Telephone: (32I) 868-1222 r Fax: (321) 868-1247 xwwvr.myflorida.com/cape • email: ecapeeanavera1Pcfl.rr.com Page 2 09-00022 (2) Stephen J. Porter, Trustee 51 Stephany Road Fairview, PA 16415 (3) John K & Michelle J. Porter, HM 215 Holman Road Cape Canaveral, Florida 32920 (4) Banana River LP aka Banana River of Delaware, LTD 6419 N Atlantic Avenue Cape Canaveral, FI 32920 A site inspection revealed land clearing of unimproved property(ies) without first obtaining the required permit(s) per Section 102-38, of the City of Cape Canaveral Code of Ordinances. 3. Description of Violation(s) at property: 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. Sec. 102-38 (a) (b) (1), 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 100 square feet cleared. (No specimen trees or native species were removed). 16,980 square feet � 7100 = -1an.4v1 $11rn .nn = &An wen n 1v7VXGVVVV - .�Z,-tUU.UU Note: Per Section 102-36, Defnitinnc: the Winwing term when used in this division, shall have the following meaning: Land clearing means the disturbance or removal of vegetation from any site, parcel or Int using backhoes, bulldozers root rakes, or similar mechanical means which may kill or damage roots, branches, or trunks; provided, however, it does not include routine snowing, sod replacement, planting of landscape material, shrub pruning, and shrub removal, and tree trimming or pruning, which does not result in grade changes. Land clearing permit shall mean a permit issued by the building official under this division which authorizes land clearing and/or tree removal activities. Page 3 09-00022 Sec. 102-40 (a)(6). Permit criteria; exemptions; standards of review. (a) Permitted criteria. Upon receipt of a completed application and verification by the building official, the building official may, after applying the standards of review set forth in subsection (c), issue a land clearing permit under any one of the following conditions: (6) Undesirable trees, per section 102-53 of this division. RECOMMENDATIONS: 4. Recommendation to correct the violation(s) described above: You must obtain the permit(s) for land clearing and pay the fine in the amount of $42,450.00 for the clearing of the property(ies)/parcel(s) identified above without the required permit per Section 102.39, of the City of Cape Canaveral Code of Ordinances. NOTE: Sec. 102-48. Waivers; incentive program; administrative interpretation appeals; incentive program. (a) Waivers of division requirements. The City Council may grant a waiver to provisions of this Division where the applicant demonstrates that the literal interpretation of the Division will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the Division. (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. F— I w %vliply wttn111 tnu ty (au) days from receipt T i-ni Ntice shah 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 mendations c tined herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of ap Canaveral (321) 868-1222 x 15. 6u'riele��ander Code Enforcement Officer _ - Dear Mr. Tezel, Thank you for your request. You will be placed on the agenda for the Code Enforcement Hearing for April 23, 2009 at 7:OOpm. If you have any questions, please do not hesitate to contact me. Sincerely, Duree Alexander Code Enforcement Officer City of Cape Canaveral From: Kurt Tezel[mailto:kurt@tezelinvestments.com] Sent: Wednesday, April 15, 2009 12:40 PM To: alexander-cape@cfl.rr.com Subject: Case No. 2009-00025 Ms. Alexander, Please consider this email as a formal written request for the above referenced case to be heard at 7pm on April 23 at the scheduled Code Enforcement hearing. Please confirm this with return email. Thank you. Sincerely, Kurt Tezel, Pres. Supra Color Enterprises, Inc. ity of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION I ric U i r UI- UAHL UANAVCKAL Case No. 2009-00025 A Florida Municipal Corporation, 3/05/2009 Complainant, v Owner(s) of the property located at: 6615 N.Atlantic Avenue Vacant area located to the North Respondent(s): Supra Color Enterprises, Inc. C/O Kurt Tezel, R.A., PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaverai 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 thirty (30) 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 rE3i911 -- — a1i'f-� — a I1—inn Fwinfn rn the ('`nrla C.tf. ,.-.....�.....,c-,..<....1 fie._ ate_ r+:a:. _c r.---- ^- - - - rpmd. P-- to •.onri..y eforn he Cod— t_fnoel.CI en'L Board for the i.uy cry ,ape Vanaverai, 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 in addition, as set forth in Article il, Tree Protection Division, shall impose one or more of the penalties as set forth in Section 102.38, Enforcement and Penalties. 1. Property where violation(s) exist(s): Vacant area located to the North 2. Name and address of owner(s) of property where violation(s) exist(s): Supra Color Enterprises, Inc. 1980 N Atlantic Avenue, Suite 704 Cocoa Beach, Florida 32931 I It 3V; fittantic Avenue • --- f 1tte�N _box 326 6 C'a e ('`,,,,,,,,,,,,,,t IJ 2�n�n n2.L/ ____ __. _�� _ rt t,Ey;aaV bdflS, 4 L.IL Ji-L-V,3LV Telephone: (321) 868-1222 ■ Fax: (321) 868-1247 K-,,Nu.myflorida.com/cape • email: ccapecanaveralt�cfl.rr.cnm Page 2 09-00025 A complaint was filed with our office regarding the vacant lot located to the North of 6615 N Atlantic Avenue, which has been cleared without the required land clearing permit. 3. Description of Violation(s) at property: 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. Sec. 102-38 (a) (b) (1), 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 100 square feet cleared. (No specimen trees or native species were removed). 13,894 square feet _ 100 = 138.94 x $250.00 = $34,735.00 Note: Per Section 102-36, Definitions: the following term when used in this division, shall have the following meaning: Land clearing means the disturbance or removal of vegetation from any site, parcel or lot using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots, branches, or trunks; provided, however, it does not include routine mowing, sod replacement, planting of landscape material, shrub pruning, and shrub removal, and tree trimming or pruning, which does not result in grade changes. Land clearing permit shall mean a permit issued by the building official under this division which authorizes land clearing and/or tree --al acti'v'ities. Sec. 102-40 (a)(6). Permit criteria; exemptions; standards of review. (a) Permitted criteria. Upon receipt of a completed application and verification by the building official, the building official may, after applying the standards of review set forth in subsection (c), issue a land clearing permit under any one of the following conditions: (6) I Inriagirahle trees rner sectinn 1112-5'2 r% this division. RECOMMENDATIONS: 4. Recommendation to correct the violation(s) described above: You must obtain a permit for land clearing and pay the fine in the amount of $34,735.00 for clearing your property without the required permit per Section 102.39, of the City of Cape Canaveral Code of Ordinances. Page 3 09-00025 NOTE: Sec. 102-48- Waivers; incentive program; administrative interpretation appeals, incentive program. (a) Waivers of division requirements. The City Council may grant a waiver to provisions of this Division where the applicant demonstrates that the literal interpretation of the Division will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the Division. (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. Failure to comply within thirty (30) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recammenHntir,:,-- aR�u �5in, do not hesitate to contact the below signed Code Enforcement Officer at the City of e r anaveraiA (3�2,1) 86a,1 -22-2,X 15. Code Enforcement nffiror April 15, 2009 To the Code Enforcement Board: I would like to be heard before the City of Cape Canaveral Code Enforcement Board on April 23, 2009, in regards to the Notice of Violation, for Case no.09-36 for tree removal. Sincerely, -7 (9 IZ t/ THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 150 JOHNSON AV - 164 City of Cape Canaveral ENFORCEMENT BOARD CAPE CANAVERAL, FLORIDA -ICE OF VIOLATION Case No. 2009-00036 4/07/2009 Respondent(s): Avon Terrace LLC c/oDavid B Daley 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 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 Cnr{® Enforcement R -a m -i, nn+a order N . �s o at ate_ .for � �>onrA 111ay enter an order requiring the IACJPUIIUCIIRkJ) LU GUIICCL UIC VIUIcdliOn(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(SQ) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 150 JOHNSON AV - 164 2. Name and address of owner(s) of property where violation(s) exist: Avon Terrace LLC c/o David B Daley R.A. 350 rJ Atlantic Ave. Unit D-304, Cocoa Beach, FI. 32932 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SLNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com It has been brought to the attention of this office that you have recently had two trees removed. A site visit revealed two trees had been cut down in violation of the City of Cape Canaveral Code of Ordinances Chapter 102, Section 39, Permits as described below. 3. Description of Violation(s) at property: Sec. 102-39, "Permits" 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. 102-38. 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 100 square 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 2 = $500 (2) $100.00 per dbh x (1) @ 24" _ $2,400.00 $100.00 per dbh x (1) @ 12" _ $1,200.00 Total: $4,100.00 Sec. 102-48. Waivers; incentive program; administrative interpretation appeals; incentive program (b) Administrative intprnretntinn nnneaic Anv person advers©ll, affectQ.4 by a dY,,,inistrat;,,e I -- I - ----- ------.�-.__ ...-_.�._.-.._11-r.-rl-, ,-- —i person )F �..�n.. _ by an auramu�uaavc 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 anneal within the time rserinric rern iireri ho thi n i ti - -- = ............ ....- r ,,r ,equi ,u -, �,,,s subsection shall resultin 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. 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 the property consistent 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 apply for a permit, pay the fines 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. 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. 132211-868-,112222) Michael Richart Code Enforcement Officer From:CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 03/24/2009 01:59 #106 P.002/003 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LiEN CODE ENFORCEMENT CASE #:"r—YC0`&— t ( r�" APPLICATION FEE: $ APPLICANT: ADDRESS: e31 r5 f DATE: ti d-1 CITY: lit 6R. -t -*F-- " I STATE: A (pf ZIP: 33^. NATURE OF VIOLATION(S):Ss: V -" Y E � LI CF G .Y ADDP,ESS OF SUBJECT PROPERTY: DATE FINE/LIEN RvfpOSED: COMPLIANCE DATE: R)t,Vc4 C,6-1 AMOUNT:CCS /DAY OR TOTAL RELIEF REQTJESTED: `aTISFACTIO ,,! REDUCTION (Circle ono) IF REDUCTION, TIDE APPLICANT PROPOSES $ � AS THE AMOUNT OF THE RE DUCEb FINE. THE FACTUAL, BASIS UPON WINCH THE VIOLATOR BELIEVES THISAP1'Y~ICATION SHOULD BE GRANTED: (If more space is needed add additional pages) .; IfN `I�;� - Q ( k i IQ k 'e T"E R C � D-rTIONS To (If more Spaeo is needed add additional pages) ariVULD THE APPLICATION BE GRANTED. THE REASONS, IF ANS. WHY THS APPI.IC'AN'I` DILL NOT BRING THE SUBJECT PROPERTY .INTO COMPLIANCE PRIOR TO THE ORDER OF PENAL OR FINEBEIidu IMPOST i7 AND RECORDED: (If mpre space is needed add additional pages) ZR,P, F--paj`)R1 P 1'-' Lair rte r *-,I,\,— —_ " A •y 4�1 �1 11UNAL FACTS OR INFORMATION TIjE APPLICANT DEEMS PERTINENT TO TEE REQUEST, INCLUDING BUT NOT LIMYTED To. THE CIRCUMSTANCES THAT EXIST MUCH WOULD WARRANT THE REDUCTION OR SATISFACTMV OF PENALTY OR FINE: M -n FLif Fmoe 1q (-Lf mOre space is needed add additional pages) tak v /,.-- Signature Date: THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. John Ribar & Rick A. Kendust ET AL Owner of the Property located at: 210 Canaveral Beach Blvd. Cape Canaveral, FL 32920 Case #08-00142 LEGAL: CAPE CANAVERAL BEACH GDNS UNIT 2 PART OF LOT 14 BLK 5 AS DES IN ORB 2254 PG 1725 PLAT BOOK 0017 PG 0081 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after beina dulv noticed_ . before the Code Enforcement Board of the City of Cape Canaveral, Florida, on� March 19, 2009 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 Fart and C',nnrli fcinnc "f I_a:n: incorporated ir,+„ +Leio Order ,� set t F . +i -••..•••.. shins po ated into a its yr de as se to thi herein. Findings of Fact and Conclusions of Lave 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 Chapter 102, Vegetation; Section 102-38(a)(b)(1)(2), Enforcement and Penalties; Section 102-39(a), Permits Required; Section 102-49(a)(b), Remedial Action, of the City Code; exists or existed upon the Property; 3. That Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 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 r Case #08-00142 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Chapter 102, Vegetation; Section 102-38(a)(b)(1)(2), Enforcement and Penalties; Section 102-39(a), Permits Required; Section 102-49(a)(b), Remedial Action, of the City Code; 5. That said violations exist 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. A fine will be immediately entered in the amount of seven hundred and fifty dollars ($750.00) per Section 102-38(b)(1), and the respondent shall be given until May 20, 2009 to comply and to meet the tree replacement remediation requirements per Section 102- 49(9). 2. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 3. 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. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida; this 19th day of March, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ay d Vi .ns, ice Chairperson f 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 20 day of Mach , 2009. Joy Lo bardi, Board Secretary D ree Alexander, Co6e Enforcement Officer