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Home My WebLink AboutCEB AGENDA PKT 05-21-09Call to Order Roll Call City of Cape Canaveral AGENDA DE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE MAY 21, 2009 7:00 P.M. Establish Next Meeting Date: June 18, 2009 NEW BUSINESS: 1. Approval of Revised Meeting Minutes: March 19, 2009 (Discussion Item) Z Approval of Meeting Minutes: April 23, 2009 COMPLIANCE HEARINGS: 1. 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. 08-00181 - Violation of Section 11 0-334(c)(8), Special Exceptions, of the City of Cape Canaveral Code of Ordinances, (7000 N. Atlantic Ave.) - Mary M. Beasley, Trustee. PUBLIC HE/AARINGS- 1. Case No. 06-00117 - 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, (304-310 Johnson Ave.) Sand Reef Condominium Association, Inc., c/o Sidney Z. Brodie, R.A. 2- Case No. 08-00147 - Violation of Section 34-98(6), Article 111, Building .Ann=nrnnr-,= P- h4a-ntennn�� ^f +k- r,;+,, -4 t'- - -ode of Ordir--- 1-r—! �1! -- - --! I-' -�l W-1 Ll Koo %�ILY V1 Cape Canaveral C, U UluirlanCe-5- and Section 1303.7, Roofs & Drainage, of the International Property Maintenance' Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8744 Seagrape Ct.) David R. Benedilk, Trustee. 75 10 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (32 0 868-1247 www.myflorida.com/cape o email: ccapecanaveraJ@cfl.rr.com 0 ode Enforcement Board de En orce Agenda M 1 009 ay 21, 2009 Page 2 3. Case No. 09-00001 - 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, (7908 Ridgewood A \ 1Z. 0 L, t C ''owe, Property Owners. / Wo.) - majoi ia N cc r\enL U. rl 4. Case No. 09-00041 - Violation of 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, (7081 Ridgewood Ave.) - Casa Del Mar Condo Assoc. of Brevard, c/o Alice Neilsen, R.A. OLD BUSINESS: 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. (Application for Satisfaction or Release of Code Enforcement Lien) 2. Case No- 09-00025 - Violation of Section 102, Vegetation; Section 10-0- 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 Orclinances, (RF31-1i N. Atlantic Ave. Vacant area located to the North) - Supra Color Enterprises, Inc., c/o Kurt Tezel, R.A. (Application for Satisfaction or Release of Code Enforcement Lien) 3. 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; 0 - -44 1 f)'l A I A on _ nla\"-\, Remedia 1-kction, ofthe City of Cape Canaveral Code of 1.jZ7;.1L1U U., tuk AU) r-,- - Ordinances, (150-164 Johnson Ave.) -Avon Terrace LLC, c/o David B. Daley, R.A. (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 P, , —edings I;_ which record includes the testimony and evidence upon 0 [it 1i - I - 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. Pers_o_ns wth 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 REVISED 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 MEMBERS ABSENT Edward Ciecirski Karen Hartley OTHERS PRESENT Duree Alexander Joy Lombardi Dennis Clements Bob Hoog Kate Latorre Chairperson Vice -Chairperson 1 st Alternate 2 nd Alternate Code Enforcement Officer Board Secretary Acting Building Official Mayor Pro Tern 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. EW BUSINESS: 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 ADDearance & 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 21, 2008. Discussion followed regarding the amount of the extension. Mr. Lovell stated that he did not foresee any problems, however he explained that one month mav not be enouah 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 r a U-4 U -4i - fli o n al e x, tension of time il needed. Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs recommendation and find the respondent in non-compliance, and be given until April 23, 2009 to come into compliance nrf him finsme in fh= nrnruinf r%f nna himr4mri Ardlnrc fT 11)0 nr)N fnr +kin, fir�+ Anit nnA fiff- A^11^ �L��Y 111LY U%J11C110 ($50.00) per day thereafter be retroactively imposed beginning 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 Propt ::,-� r At Maintenance Code, as adopted by Section 82-221, of the Citv of Cape Canaveral Code of Ordinances, (8740 Croton Ct.) Robert B. Muckenfuss, P ner. 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 SE debris, a broken - win U-10- W, th e 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 staffs 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 o 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), R medial Actio_n_of the CitV of Cape Canaveral Code of Ordinances, (210 Canaveral Beach Blvd.) - John L. Ribar & Rick A. Kendust ET OR 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 Florida State Statue 369.251, which states that a person may not sell, transport, collect, cultivate, or -ossess several invasiv-e Species of tr,= L, S I-;+ ee ASei tant v, ney, � �1 111LY Att - 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 proper removal of exotic, pest 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), -an- d the respondent be given until Ma y 20, 2009 to comply and to m eet 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 TO -9. 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 & MaMaret YokoVama, 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 Y4As 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= DISCUSSION: Mr. Hale asked the if it would be appropriate for the Code Enforcement Board to express their confidence in Mr. Morley's abilities, integrity, and professionalism to the City Council. Assistant City Attorney, Kate Latorre stated that the position of Building Official is relevant to the actions of this Board. Attorney Latorre explained that the Board could pass a resolution, send a representative to the next City Council Meeting, or make a motion to go on record formally, Motion by Mr. H * ale, seconded by Mr. Mars, to express the Code Enforcement Board's confidence in Mr. Morley's abilities, integrity, and professionalism to the City Council. Vote on the motion carried unanimously. Chairperson, Mary Russell explained that the discussion is regarding the resignation of Mr - Morley under duress, and there has been publicity regarding the decision. Ms. Russell stated that Mr. Morley has been very supportive of the Code Enforcement Board. Code Enforcement Board Meeting Minutes March 19, 2009 Page 5 FWAI There being no further business the meeting adjourned at 8:07 P.M. Approved on this day of. Joy Lombardi, Board Secretary 2009. Mary Russell, Chairperson CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 23, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 23, 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. I kyj 1:4 k'FA I a Mary Russell Raymond Viens Charles Biederman James Hale Karen Hartley Lynn Mars Ralph Lotspeich MEMBERS ABSENT Walter Godfrey OTHERS PRFSFNT Duree Alexander Joy Lombardi Todd Morley Bob Hoog Kate Latorre Chairperson Vice -Chairperson 1 st Alternate 2 nd Alternate Code Enforcement Officer Board Secretary Buildina Official Mayor Pro Tern Assistant City Attorney The Board members established that the next meeting would be held on May 21, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINES& Approval of Meeting Minutes: March 19, 2009. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of March 19, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 23, 2009 Page 2 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. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 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 YokoVama, ET AL. Code Enforcement Officer, Duree Alexander requested that this Case be tabled until the next scheduled meeting. Motion by Mr. Viens, seconded by Mr. Hale, to table this Case until May 21, 2009. Vote on the motion carried unanimously. 3. Case No. 09-00028 – Violation of Section 34-98(6). Article 111, Buildina ADDearance & 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, Phase 1, c/o Marilyn A. Rigerman, R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that a complaint was filed for the condition of the roof. Officer Alexander stated that the condominium association 1nqr4 q ngmr�if f^r +In� r^^ ; W4 A;A 04- -- ^ *"— —;, WWI LIWI I I— � 1-1 1 1 M IWI U -%� I WWf I �,FCIIII �=I LJ L UIU n L I VjJCZI1 Of I at VC1 UI IUVI Ll IV CIII conditioner unit above unit #4. Officer Alexander informed the association of. the problem and they stated that the work would not be done. Rosanne Scirotto, unit owner, testified that she had a home inspection report from September 2006 that documented structural damage and mold. Ms. Scirotto stated that she had a mold assessment report from October 2006. She further stated that the association knew of the problem and refused to repair the roof. Jack Kennev, Vice -President of the Association, testified that the association did not repair the roof over unit #4 because the owner did not pay the assessment fees for the roof repairs. Mr. Kenney stated that the air conditioner unit leak is causing the damage to the roof. He further stated that the unit owner was informed of the leak, had been asked to repair the condensation line to drain properly but has not. Code Enforcement Board Meeting Minutes April 23, 2009 Page 3 It was the consensus of the Board that the money issues are a civil matter between the association and the owner; and the only concern for the Code Enforcement Board is whether the roof is in violation or not. They further stated that the roof repairs are the responsibility of the association. Discussion followed. Officer Alexander respectfully requested that the Board find the respondent in 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, enera; ecti n . , tructura em 7 1 a Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and be given until June 13, 2009 to come into compliance or be fined as a repeat violator in the amount of one hundred dollars ($100.00) for the first day and two hundred dollars ($200.00) per day thereafter until found in compliance. Discussion followed regarding the amount of fine. Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in violation, and be given until June 13, 2009 to come into compliance or be fined one hundred dollars ($100.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 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 LIP 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, HAN. Code Enforcement Officer, Duree Alexander provided and overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the removal of trees without the required permit. Officer Alexander explained that a stop work order was place on the property for the land clearing. Officer Alexander stated that a site visit with the City Arborist, Kay McKee revealed that only pepper trees were removed. Officer Alexander further stated that the City is working to revise the tree ordinance. John Porter, property owner, testified that he did not know that a permit was required to remove the pepper trees. Mr. Porter submitted a property survey that showed all the native species that were still on the property. Mr. Porter further stated that his intent was fn nrnforf tho native tr =c hv rommAnn fho invasix., pepper tree- and potato vines that — 1. .— I � .. ees en— e were killing the trees. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-39(a), Permit Required, of the City of Cape Canaveral Code of Ordinances, and impose the penalties as cited in Section 102-38(a)(b)(1), Enforcement and Penalties in the amount of forty-two thousand two hundred and fifty dollars ($42,250.00). Officer Alexander further requested that the Board make a recommendation to Council to reduce the fine to the costs associated with the enforcement of the violation. Code Enforcement Board Meeting Minutes April 23, 2009 Page 4 Assistant City Attorney, Kate Latorre, explained that the request for reduction of a fine is a separate hearing. She further explained that once the time to comply has passed, the fine will become a lien and the respondent can request a reduction or satisfaction of the lien. Motion by Mr. Viens, seconded by Mr. Mars, to find the respondent in violation and fine as per Section 102-38(a)(b)(1) in the amount of forty-two thousand two hundred and fifty dollars ($42,250.00). Vote on the motion carried unanimously. 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. Code Enforcement Officer, Duree Alexander provided and overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the removal of trees without the required permit. Officer Alexander explained that a stop work order was place on the property for the land clearing. Officer Alexander stated that a site visit with City Arborist, Kay McKee revealed that only pepper trees were removed. Officer Alexander testified that she has cited Mr. Tezel in the past for not clearing the front 15' of the lot abutting a public right of way. Kurt Tezel, property owner, testified that he went to great costs to protect the native trees on the property during the removal of the pepper trees and he believes that the native trees are a great asset to the property. Mr. Tezel stated that he was not aware that a permit was needed. And further stated that he knew what his fate was because of the previous Case and that he would have to go through the process to request a reduction of the fine. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-39(a), Permit Required, of the City of Cape Canaveral Code of Ordinances, and impose the penalties as cited in Section 102-38(a)(b)(l)-, Enforcement and Penalties in the amount of thirty-Ifour "thousand seven hundred and thirty-five dollars ($34,73- 5_00)= Officer Alexander further requested that the Board make a recommendation to Council to reduce the fine to the costs associated with the enforcement of the violation. Motion by Mr. Viens, seconded by Mr. Biederman, to find the respondent in violation and fine as per Section 102-38(a)(b)(1) in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00). Vote on the motion carried unanimously. '1� 6. Case No. 09-00036 — Vinlafinn of Section 102, Vegetation; Section 10" 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. 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 Code Enforcement Board Meeting Minutes April 23, 2009 Page 5 the trees in question were Norfolk pine trees and although they are not listed as native or nuisance tree list City Arborist, Kay McKee said that the tree is a not invasive but the tree can grow to be 60'tall and the root system can be damaging to property. David Dailey testified that he was unaware that a permit was required. He wanted to remove the trees because the roots were beginning to damage property and they were protruding above the ground potentially causing a trip hazard for his tenants. He presented photographs to the Board. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-39(a), Permit Required, of the City of Cape Canaveral Code of Ordinances, and impose the penalties as cited in Section 102-38(b)(1), Enforcement and Penalties in the amount of five hundred dollars ($500.00). Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in violation and fine as per Section 102-38(b)(1) in the amount of five hundred dollars ($500.00). Vote on the motion carried unanimously. OLD BUSINESS: Case No. 08-00142 —Violation of Section 102, Vegetation; Section 102- 38(a)(b)(1)(2), Enforcement and Penalties; Section 102-39(a), Permit R;quired; 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.) Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history 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, which are an invasive species. OfficerAlexander explained that staff is going to recommend that the City Council does not require the respondent to mitigate the tress because they were invasive. Mr. Ribar testified that he was not aware that a permit was needed to remove the trees. He stated that the trees were damaging property so he had them removed. Mr. Ribar requested that the Board recommend that City Council satisfy the lien for the total amount. Motion by Mr. Viens, seconded by Mr. Hale, to recommend that City Council satisfy the lien in the amount of seven hundred and fifty dollars ($750.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 23, 2009 Page 6 ADJOURNMENT: There being no further business the meeting adjourned at 8:54 P.M. Approved on this —day of 2009. Mary Russell, Chairperson Joy Lombardi, Board Secretary WIN City of Cape Canaveral Community Development Department :CANAVERAL Code Case:2007-00117 Corporation, Date: 5/1112009 omplainant, V. espondent(s) eath & Heath Systems, Inc. C/O Dawn M. Heath, R. A. (Director) 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 19, 2009; May 11, 2009 as described below, has not been corrected pursuant to the entry of a Fifth Amended Order Imposing Penalty on First Violation by the Code Enforcement Board dated August 23, 2007; requiring the respondent(s) to correct such violation(s) by April 23, 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; October 23, 2008; January 22, 2009; had representation at a duly noticed Compliance Hearing held by the Code Enforcement Board on March 19, 2009. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 34-96 (d), Standards Established; Section 34-98 (4)(8), Building Appearance & Maintenance; Section 82-12, Unsafe Buildings or Systems, Section 82-56, Article III, Unsafe Building Abatement Code, 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 May 21, 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): Heath & Heath Systems, Inc. C/O Dawn M. Heath, R. X 7814 N Atlantic Avenue Cape Canaveral, FI 32920 3. Descrintinn nfx/irfl�kfinn(-z� �:it Prnnarhr Section 34-98, (4)(8), Building Appearance & Maintenance; Section 34-96 (d), Standards Established; ction 82-12, Unsafe Buildings or Systems; Section8 2-56, Article III Unsafe Building Abatement Code �s kd pted. ree exander r'- � C:nforement Offi�er d - I C: Victor Wat ??,r,:,2q 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 I THE CITY OF CAPE CANAVERAL, Case #07-00117 C VA Florida municipal corporation, Comp i 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, FIFTH 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. F jndings 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 841-56, Article III Unsafe Building Abatement Code Adopted, of the City Code exist or existed upon the property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board, was present at the hearing, and testified f hat the structure was unsafe a,-.--4 sho uld ha 4n—ol;Rherl; I I - - -4 - I ! I !-. . - 75 10 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 4. That based on the testimony and evidence presented, Respondent has violated e City Code, to wit: Section 34-98(4)(8), Building Appearance & Maintenance; Section 34- 96(d), Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, OF 7Article 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 , ,I, 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 Cr%rlj= �nf^r,��ment Board o Cape Canaveral, Florida on February 211, 2008. 1. -1 — I I I 1 -0 1 d of the City 'If C 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. 10. Respondent had representation at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 19, 2009. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until April 23, 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 nrp.-,Pnt Pvidpnr.p M thp Onti iq r)f thim x/inintinn nn thin Prnn;=rf%i I Innn n finrlinn kxi 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 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 En forcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Not -ice of Compliance; Any fine imposed pursuant to this paragrap shall be retroactively imposed beginning on Februa[y 21, 200 -1 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 th- Code Enforcement Board. upon finding such repeal, violation'sN existls\ sh'a 11 i m 1 p nse a fii- zj k I � I _k / Mn Case #07-00117 Fb exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on "! e first day the repeat violation(s) is / are found to exist. ANEW 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 19th da%,., of March, 20-0-9. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA #Pond Viens, ' ice Chairperso�n� 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 —.0 day of Ma, -c -f -I 2009. joyT-o,mbardi, Board Secretary rgm _18 HE City of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL THE CITY OF CAPE CANAVERAL Code Case:2008-00181 A Florida Municipal Corporation, Date: 5/12/2009 Complainant, V. Respondent(s) Mary M. Beasley, Trustee Owner(s) of the property located at: 7000 N Atlantic 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) April 25, 2009, April 26, 2009, May 2, 2009, May 3, 2009, May 8, 2009 and May 9, 2009 as described below, have/has not been corrected pursuant to the entry of a Order Imposing Penalty on First Violation by the Code Enforcement Board dated January 22, 2009; requiring the respondent(s) to correct such violation(s) by not displaying merchandise outside without a special exception for outside display. The respondent was not present at the duly noticed 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 110-334, (c)(8), Special Exceptions of the City of Cape Canaveral Code of Ordinances, which exist(s) or existed upon the property and the respondpnt was fi rther provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on May 21, 2009, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 7rIf%f'. kI A ' I VVV 114 Atlantic Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Mary M. Beasley, Trustee 2657 Driftwood Lane Titusville, FL. 32780 3. Description of violation(s) at Property: /_,�Pction 110-334, (c)(8), Special Exceptions e 4ee�a nd e Lr� Code Enforcement Officer C: Mike Floyd, Cape Surf 75 ION. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL32920-0326 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 ca'naveral v Mary M. Beasley, Trustee Owner of the Property located at: 7000 N. Atlantic Avenue Cape Canaveral, FIL 32920 LEGAL: AVON BY THE SEA LOTS 9,10 & W 1/2 OF LOT I I BLK 65 PLAT BOOK 0003 PAGE 0007 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, 2009 to deiermine 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 havinq reviewed the record and beina otherwise fully advised, makes the, following Findings of Fact and Conclusions of Law incorporated into this Order as set forth h-e It -e i In.. Findincis of Fact and Conclusions of Law pr 'In Based iinnn the evidence and testimony present d at thi,- hearin-I, the Code r,-'' -''- -- L 11 1111�j LII u 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 11 0.334(c)(8), Special Exceptions, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice Of ViOl2tion; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 75 10 N. Atlantic Avenue 9 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 #08-00181 it based on the testimony and evidence presented, Respondent has violated vit: Section 11 0.334(c)(8), Special Exceptions, of the City Code; it said violations exist or existed within the City of Cape Canaveral and that olation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent is hereby found to have violated the City Code; and 2. A fine will be immediately entered in the amount of one hundred and fifty dollars ($150.00) for every day the violation reoccurs; 3. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of January, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA `71 Mary Russ -111 Chairperson &i Copies furnished to: Mary M. Beasley, Trustee City of Cape Canaveral, Case File Case #08-00181 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 ;27 day of 2009. Joy LOS M-%ardi, Board Secretary - ,, �(Z2446L-t, -0, Dbree Alexander, Code Enforcement Officer THr=r'l-rvncr' PEC-ANAVER A - -- � # �1 %�A 1. r%L A Florida Municipal Corporation, Complainant, City of Cape Canaveral Community Development Department Case No. 2006-00117 V. NOTICE OF HEARING Owner(s) of the property located at: 304-310 Johnson Avenue, Cape Canaveral, Respondent(s): Sand Reef Condo. Association, Inc. c/o Sidney Z. Brodie, R. A., A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 21, 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 "Kand 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 lerial rni inQml attend the above referenced hearing. I 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) vVI-fiCh Can be satisfied by foreclosure and sale of said Propertv and/or other personal or real property, AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DA ED this 1 1th dav of May, 2009 are—e—A—leAnder /1 Code Enforcement Officer 75 10 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.cityofcapecanaver�d.org - email: ccapecanaveral@cfl.rr.com 0" 0 of Cape Canaveral CODE ENFORCEMENT BOARD ITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION ,AL /A t-ioriaa municipai uorporation, Complainant, V. Owner(s) of the property located at: 304-310 Johnson Avenue, Cape Canaveral, Respondent(s) Sand Reef Condominium Assoc. Inc. C/ORailey & Harding, P.A. (R.A.) Case No. 2006-00117 4/10/2009 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 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, and a penalty as provided below may be imposed. Thp C ruip Pnfnrcement Board may enter an nrderrequiring te Respon .4--"-N I - j 1. - I I I U I 0PU11U1V11Lkb) EU UU11ULA Lflt� 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): 304-310 Johnson Avenue Z Name and address of owner(s) of property where violation(s) exist: Sand Reef Condominium Association, Inc. C/O Railey & Harding, P.A. 20 North Eola Drive Orlando, FL 32801 7� 10 N Atinni-ir Aven, ip - P�.ct I UT 2')nnn n:�--izl Telephone: (321) 868- 12122 - Fax: (321) 868-1247 N%wvu�myflorida.conalcapc - email: ccapeca-naveral@ cfl.rr.com Page 2 06-00117 Our records show that there are two outstanding permits that have not recieved the required approved final inspection(s). Permit #4700 for Renovation and permit #4586 for A/C work. This is considered work without a permit. 3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code (FLBC) adopted. The Florida Building Code 2004 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. FLBC Section 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. FLBC Section 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. RECOMMENDATIONS: 4. Recommendation to correct the violation(s) described above: You must re -apply to obtain the required permit and approved final inspections for the renovations and A/C work that was done on the property- I 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 Nntinp. of Violation. If vnii hmin nnii minc+;— --arding "I"i- '104 -ice of Ordi ---- e'-- 1'�� I L 110 114utit— 01 Ulullldnu tGode violation or the recommendations coy(tPined herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of 1p nave a V Ireje lexan e'r Code Enforcement Officer C: Carroll, Dunn PD Campbell, Carol VTD F41 —�P 0 City of Cape CanaverA Community Development Department CITY OF CAPE CANAVERAL T �HE CITY OF CAPE CANAVERAL Case No. 2008-00147 Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at. - 8744 Seagrape Court, Cape Canaveral Respondent(s): David R. Benedik, Trustee, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 21, 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/'U-r 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. �AT�i=n his lith ,, -f RA— ')nnn -y W1 MCI 4UUZ7 A 1�uree Alexander Code Enforcement Officer 75 10 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 THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, v Owner(s) of the property located at: 8744 Seagrape Court, Cape Canaveral Respondent(s): David R. Benedik, Trustee City of Cape Canaveral :-NFORCEMENT BOARD 3APE CANAVERAL, FLORIDA ICE OF VIOLATION Case No. 2008-00147 9/25/2008 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 Codp Enforrement Board fnr thp r.ibj 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): 8744 Seagrape Court, Cape Canaveral Z Name and address of owner(s) of property where violation(s) exist(s): David R. Benedik, Trustee 2445 Palm Lake Drive, Merritt 1,1--A M o')eIrn 101011U, I I JZ -C7,.)4 75 10 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 2008-00147 3. Description of Violation(s) at property: Sec.34-98 Building appearance and maintenance Sec. 82-221. International Property Maintenance Code adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. IPMC Sec. 303.7 Roofs and Drainage: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 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, missing shingles or tiles. 4. Recommendation to correct the violation(s) described above: Please repair the damaged portion of your roof. 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 tained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Ca e Canaveral (321) 868�-1-222 x 13. qre-f ke d Ker--l- C o de Enforcement Cliffir,,�r ME Cl -T( OF CAPE CANAVERAL Florida Municipal Corporation, Complainant, City of Cape Canaveral Community Development Department Case No. 2009-00001 V. NOTICE OF HEARING Owner(s) of the property located at: 7908 RIDGEWOOD AV Respondent(s): Marsha K. & Kent C. Howe, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 21, 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) isfare 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 evirienrPqnrj 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 Rhn - rAfPr,-nrPfj hnnrin, v 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. I 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. nA D this 1 ith '101.11 V cly, /-UUU 'j�7 Duree Alexander Code Enforcement Officer 75 10 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 THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, City of Cape Canaveral ENFORCEMENT BOARD CAPE CANAVERAL, FLORIDA FICE OF VIOLATION Case No. 2009-00001 3/09/2009 V. Owner(s) of the property located at: 7908 RIDGEWOOD AV Respondent(s): Marsha K. & Kent C. Howe 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 "p -1250V per udday Mir 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): 7908 RIDGEWOOD AV 2. Name and address of owner(s) of property where violation(s) exist: Marsha K. & Kent C. Howe 7908 Ridgewood Avenue, Cape Canaveral, FI 32920 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com A review of our records revieled that permit # 5776 to repair the balcony has expired without the required, approved final inspection. A Courtesy notice was sent on 1/8/08 with no reply. A certified Notice of Violation was sent on 2/11/09, but was returned. 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, approved final inspection 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 A City of Cape Canaveral CITY OF CAPE CANAVERAL CITY OF CAPE CANAVERAL Case No. 2009-00041 rida Municipal Corporation, Complainant, NOTICE OF HEARING Owner(s) of the property located at: 7081 RIDGEWOOD AV Respondent(s): Casa Del Mar Condo Assoc. of Brevard c/o Alice Neilsen R.A., A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 21, 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 I y 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 T 'TIMON / A %ND EVIDENCE UPON I A 'HICH THE A PPE A L l"'TO BE BASED. EIS VV /-% r- r, M 0 DATED this 17 th day of April, '1009 1 1-, Michael Richart Code Enforcement Officer 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 www.mvflorida.com/cape - e-mail: ccapecanaveral@c--fl-r-r-c-.c-)-m- W'rAln City of Cape Canaveral CODEENFORCEMENTBOARD CITY OF CITY OF CAPE CANAVERAL, FLORIDA CAPE CANAVERAL NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00041 A Florida Municipal Corporation, 4/13/2009 Complainant, V. Owner(s) of the property located at: 7081 RIDGEWOOD AV Respondent(s): Casa Del Mar Condo Assoc. of Brevard c/oAlice Neilsen 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 m -ay be imposed. --- an --der uiring the Responclent(s) to correct the violation(s) The Code Enforcement Board may entt�j dri uru I req i 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(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1 . Property where violation(s) exist(s): 7081 RIDGEWOOD AV 2. Name and address of owner(s) of property where violation(s) exist: Casa Del Mar Condo Assoc. of Brevard c/o Alice Neilsen R.A. Ill Buchanan Ave. #-101, Cape Canaveral, Fl. 32920 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 ,,vww.mvflorid_A.com/cape - e-mail: cca,,ecanaveral@cfl.rr.com J__ r It has been brought to the attention of this office that you have recently had a tree removed. A site visit revealed one tree 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 1 = $250 (2) $100. 00 per dbh x (1) @ 20" = $2,000.00 Total: $2,250.00 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. Fai'ure 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 t0he 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 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 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 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE 4:0 9 -- 0 APPLICATION FEE: $ let) C 0 APPLICANT: �707A iV DATE: ADDRESS: '� llel"n CITY: r � �''e ..' 4 STATE: NATURE OF VIOLATION(S): ZIP: 3.--, cy �>- o ADDRESS OF SUBJECT PROPERTY: G/ S /-S— /I/. /3z �-x DATE FINE/LIEN IMPOSED: AMOU NT: COMPLIANCE DATE: 1114 1- "Ik7 11.4 — 7� AJ /DAY OR TOTAL RELIEF REQUESTED: SATISFACTION(giE;)(Circle one) IF REDUCTION, THE APPLICANT PROPOSES $ —0— AS TEE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) ./I/, -;—P- iz-"�' 7A va <--,e r v I v A:" �� /�c 'e -s '00e'r )3,e4 a , /,t " TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) _J/ _/ 4:-, Mi 7' (Z /(-- 0-1- JQ .4 A f ; %'. 4 tsF- rHE REASONS, IF ANY, WIPY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE "RIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add �dditional pages) _777 r- 0,,e -S , _t pb, /f L t -v '4 g &- " 'f i,--' '�'r2 (-�- / Ai 0 / 0 L. /Y- -7-,, D ". LNY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THF pFnM�-C-P ,XCLT TDT '-- B T Tr NOT I 11MITED TO, T�ffi CIRCUMSTANCES THAT EXIST WHICH WOULD W.ARRA ING u I _NT THE EDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages), "4�4-5 .4a 5��f 1&jve)0eAvte- F Elt4F' 4,g ct-, 1Vv;- 19, ell A/ I s Date: S-- J2 - o I STATE OF_. 0 4 COUNTY OF_ iq /Z 0 J�e BEFORE NIE the undersigned authority didpersonally a zsr —" /) Al. 17 I - �omuly appear— I 6,P- 7 as identifE—tionand who after being lace under oath, swore or affirmed the /_�7 S eivf U /- t Al , who provided information contained within this application is true and correct. g�\\' i - � M 6i % _� -WA"' N'S 4,\; Notary Public ODD 744701 Q FOR STAFF USE ONLY APPLICATION FEE: RECEIVED BY CITY ON CONIPLIANCE CONFIRNIED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOM30ENDATION ATTACHED: YES ACTION OF CITY COUNCIL: — APPROVE; _ DENY; _ APPROVE WITH FOLLOWING CONDITIONS: DATE OF (-nUNCIL ACTION: CONDITIONS AND PAYNIENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE �'g C'n, ri Ln CITY OF CApE CANAVERAL "PLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE #. eOO 2 Sr- APPLICATION FEE: s A4,57 APPLICANT: "o d DATE: 16 ADDRESS:- Ze) -7j7o-z�,, CITY: STATE: NATURE OFVIOLATION(S): we I 10-L —zip: 3 Z-2, �� I ADDRESS OF SUBJECT PROPERTY:-4�� 45- I'lo - ve- DATE FINE/LIEN-RVIPOSED: 21 /;2 3 AM'nTMTr J'eJ -7 I - .1 --.� 1) M A v nD -rr- I til� COMPLIANCE DATE: RELIEF REQUESTED: REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES$_ -- AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) -�5 C F- 4T7-ACH E -7,b S j-� jEf- —( FERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: if more space is needed add additional pages) A, o'c 6, 'BE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE HJOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add 1ditionalpages) ffO &)0q Tt) eCw2P&v' "-' kjfi6 ��Y ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO TEE REQUEST, CLUDING BUT N T T D, 'rHE I-MI-11- %.1ii-IA-UIVISTANCES THAT EXIS'T 'WMCH WOULD WARR —11TED TO, -ANT THE DUCTION OR SATISFACTION OF PENALTY OR FINE AJ 1H Applicant's Signature (If more space is needed add additional pages) Date: 0 STATE OF couNTY6F BEFORE NIE the undersigned authority did personally appear K ---C whoprovided ------------------- as identification, and who after being p ace under oath, swore o' affirmed the information contained within this application is true and correct. d 5 Notary Publicv( FOR STAFF USE ONLY - - ----------- APPLICATION FEE: IC)C>, 0C:�) RECEIVED BY CITY ON :5 /t;2 COAPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMXIENDATION ATTACHED: — YES ACTION OF CITY COUNCIL: — APPROVE; DENY; _ APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYNIENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE I v CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE 4: — 5(0 — APPLICATION FEE: $ 100 - OD APPLICANT: 412LC1,1 DATE: ADDRESS:. /5-0 jl-5�1111�)50JJ �VF, rll-, A'?- V','/ :;, -� , , -) --> CITY: rAo,--, —STATE:-2�/-7, ZIP: NATURE OF VIOLATION(S): -71 0 7 ADDRESS OF SUBJECT PROPERTY: DATE FINEILIEN IMPOSED: AMOUNT: /DAY OR TOTAL COMPLIANCE DATE: RELIEF REQUESTEDxf9- �TISFACTIO� REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES$ AS THE AMOUNT OF THE REDUCED FINE. TEE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS AppLICATIO . N SHOULD BE GRANTED: (If more space is needed add additional pages) TERMS OR CONDITIONS TO BE IMPOSED UPON 'If more space is needed add additional pages) SHOULD THE APPLICATION BE GRANTED: -TIE REASONS, IF A�Ny, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE RJOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If morp. rnprp ic —A�A -AA NY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO TIAE RFnTTT:7qT, TCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) An� r, �� W, �f A" o, Applicant's Signature Date: I STATE OF COUNTY OF BEFORE NIE the undersigned authority did Personally appear. OaL)t-CQ- 0,�r(c'-e -, who provided as identification, and who after being PI�aceun�deroath, swore or affirmed the information contained within �this application is true and correct. P'ub'uc S. o'! - oci Cfxnmiss�on DD 5 APPLICATION FEE: $ /Oc' CcD Notary Public FOR STAFF USE ONLY RECEIVED BY CITY ON 6 COMPLIANCE CONFIRNIED BY BUILDING OFFICIAL ON CODE ENFORCENIENT REVIEW ON CODE ENFORCENMNT RECONEVIENDATION ATTACHED: YES ACTION OF CITY COUNCIL: — APPROVE; — . DENY; CONDITIONS: DATE OF COUNCIL ACTION: APPROVE WITH F0 LLOWING CONDITIONS AND PAYNIENT OF REDUCED FINE TO BE IVIET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT.- ON OR BEFORE I Duree Alexander From: Carol Campbell [Carol@raileyharding.cconj Sent: Monday, May 18, 2009 12:39 PM To: alexander-cape@cItff.com Cc: Mark Reisinger; debgcarml@aol.com Subject: Case No. 2006-00117 - Notice of Hearing dated May 11, 2009 RAILEY&RARDI PA ATTORNEYS AT LAW 20 NORTH E01-ADARIE - ORLANDO. FLORIDA32801 PHONE (407) 648-9119 - F� (407) 648-8049 w�wrraileyherdhazom DEAR Ms. ALEXANDER, Par I of 2 �Li bl-+- , A /( THANK YOU FOR TAKING THE TIME TO SPEAK WITH ME REGARDING THE ABOVE - REFERENCED COMPLAINT. I AM IN RECEIPT OF THE NOTICE OF HEARING DATED MAY 1 1, 2009. 1 AM THE VICE PRESIDENT OF THE SAND REEF CONDOMINIUM ASSOCIATION. MR. DUNN CARROLL, PRESIDENT OF THE ASSOCIATION, IS HAVING CERTAIN HEALTH ISSUES AND IS UNABLE TO REPRESENT THE ASSOCIATION IN THIS MATTER. THE CURRENT BOARD OF DIRECTORS WAS UNAWARE OF THE CODE VIOLATIONS PRESENTED IN THE NOTICE OF HEARING. THE DEVELOPER, SAND REEF DEVELOPERS, HAS LEFT THIS ASSOCIATION WITH MANY PROBLEMS, INCLUDING MONETARY PROBLEMS, AND AN ARRAY OF UNFINISHED PROJECTS. WE HAVE ALSO BEEN FACED WITH MANY FORECLOSURES IN THE SAND REEF DEVELOPMENT AND ARE STRUGGUNG TO PAY THE ASSOClAnON OBUGATIONS. AS A BOARD, WE ARE ANXIOUS TO RESOLVE THE PROBLEMS IN A COST EFFICIENT, CORRECT AND PROPER MANNER. THIS E-MAIL IS WRITTEN IN THE HOPE OF THE CITY OF CAPE CANAVERAL WORKING WITH US ON THESE MATTERS. THEREFORE, I WOULD REQUEST THAT THE CODE ENFORCEMENT BOARD AND CITY OF CAPE CANAVERAL EXTEND THE TIME FOR CURE 13Y TWO TO THREE MONTHS, I.E., JULY OR AUGus-r, 2009. I ALSO WOULD LIKE TO REQUEST A MEET'ING OR CONFERENCE CALL BETWEEN MYSELF AND THE CODE ENFORCEMENT BOARD TO DISCUSS A RESOLUTION TO THESE MATTERS. I THANK YOU IN ADVANCE FOR YOUR HELP IN TRYING TO RESOLVE THE ISSUES. VERY TRULY YOURS, Carol W. Campbell CAROL W. CAMPBELL VICE PRESIDENT, SAND REEF CONDOMINIUM ASSOCIATION Confidentiality Notioe: This email contains legally privileged and confidential information intended only for the individual or entity, named within the message. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited. If this communication was received in error, please 5/19/2009