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Home My WebLink AboutCEB AGENDA PKT 07-23-09man w viue[ Roll Call City of Cape Canaveral AGENDA E ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JULY 23, 2009 7:00 P.M. Establish Next Meeting Date: August 20, 2009 NEW BUSINESS: Approval of Meeting Minutes: May 21, 2009. COMPLIANCE HEARINGS: Case No. 08-00143 — Violation of Section 102, Tree Protection; and Section 102- 38, Enforcement and Penalties; Section 102-39(a), Permits, of the City of Cape Canaveral Code of Ordinances, (211/213 Jefferson Ave.) — Gerry Schmitz, Property Owner. 2. Case No. 09-00028 — Violation of Section 34-98(6), Article III, Building Appearance & Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure; 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. PUBLIC HEARINGS: Case No. 08-00198 — Violation of Section 34-96(d), Standards Established; Section 110-553, Living or Residing in Boats, Utility Trailers, and Recreational Vehicles; Section 110-551, Location of Recreational Vehicles; Section 78-27, Connection with Sewer -Required; and Section 110-335(1) Prohibited Uses and Structures, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; Section 303.4, Structural Members, of the International Property Maintenance Code, as adopted by Section 82-221 _ of the Qtv nf �anP (';anavPra1 Code of Ordinances, (200 W. Central Blvd.) Abulghasem & Ahmad Nasajpour, Trustee. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Code Enforcement Board ti� ..... ,. Agenda July 23, 2009 Page 2 2. Case No. 09-00035 — 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, (300 Beach Park La.) — Villages of Seaport Condo. c/o Russell d. Klemm, R.A. (Thomas Preston). 3. Case No. 09-00104 — 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, (325 Ocean Park La.) — Villages of Seaport Condo. c/o Russell d. Klemm, R.A. (Lenard D. & Ana Sledz). 4. Citation No. 0038 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (226 Harbor Dr.) Victoria Tucker, Contractor OLD BUSINESS: 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. (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 Cade 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 MAY 21, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on May 21, 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. Mary Russell Raymond Viens Walter Godfrey James Hale Karen Hartley Lynn Mars Ralph Lotspeich MEMBERS ABSENT Charles Biederman OTHERS PRESENT Duree Alexander Joy Lombardi Bob Hoog Kate Latorre Chairperson Vice -Chairperson 1 st Alternate Code Enforcement Officer Board Secretary Mayor Pro Tem Assistant City Attorney The Board members established that the next meeting would be held on July 23, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Revised Meeting Minutes: March 19. 2009. Motion by Mr. Viens, seconded by Ms. Hartley, to approve the meeting minutes of March 19, 2009, as revised. Vote on the motion carried unanimously. 2. Approval of Meeting Minutes: April 23. 2009. ftA..44 L, KA.r L1--,F� -�.�_� t.,. eA- i_I_,-. - -- -- r ivIOuvi 1 vy rvi . r tat ucy, �ct,ui iucU uy 1A . flak, w approve the meeting minutes of Aprii 23, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 21, 2009 Page 2 _ COMPLIANCE HEARINGS: 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 and overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent has submitted revised plans for the City to review; providing all comments were addressed, a permit would be issued. Officer Alexander resnectfl Illy rare umcferl #hat the Br�arrr4 finri the rocnnne4nnt in non- compliance 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, and amend the Board Order to give the respondent until August 20, 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. _m Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non-compliance, and be given until August 20, 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. Vote on the motion carried unanimously. 2. Case No. 08-00181 —Violation of Section 110-334(c)(8) Special Exceptions, of the City of Cape Canaveral Code of Ordinances. (7000 N. Atlantic Ave) — Mary M. Beasley, Trustee. 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 non=compliance with the Board Order for outside display of merchandise without the required special exception; the order states that a fine will be immediately entered in the amount of one hundred and fifty dollars ($150.00) for every day the violation reoccurs. Officer Alexander further testified that the merchandise was on display April 25-26, 2009; on May 2-3, 2009; and on May 9-10, 2009. (i{fir+cr AIov I- Aer roSpE) .+f„I1� r ter., + . d +h. + +4+ Q.. J F: --j +L... d a :... --- -v, I wv1 vnC�. I Il/c1 I co�✓ccu Uuy I e-4 ucJlGU U Ial U Ic I.J oar d 1111U U IC 1 UoPU11UO11L If I I II (- compliance on April 25 & 26; May 2 & 3; May 9 & 10 of 2009; and impose the fine of one hundred and fifty dollars ($150.00) for every day the violation occurred for a total of nine hundred ($900.00). If the respondent continues to violate the Board Order by displaying merchandise outside without a special exception the fine in the amount of one hundred and fifty dollars ($150.00) shall immediately be entered for every day the violation reoccurs. Code Enforcement Board Meeting Minutes May 21, 2009 Page 3 Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in non-compliance, and impose the fines in the amount of nine hundred dollars ($900.00). Vote on the motion carried unanimously. PUBLIC HEARINGS: 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. Code Enforcement Officer, Duree Alexander withdrew this Case from the agenda. 2, Case No. 08-00147 — Violation of Section 34-98(6). Article Ill. Buildinu Appearance & Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 303.7 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. Benedik Trustee Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for work without a permit and the approved final inspection. Officer Alexander explained that the contractor pulled a permit, obtained two approved inspections but did not call in for the final inspection and the permit has expired. Mr. Benedik testified that he was not aware that the contractor did not call for the final. He stated that he tried to contact the contractor but he would not respond. Officer Alexander respectfully requested that the Board find the respondent in 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, and be given until July 10, 2009 to come into compliance or be fined as a in the amount of seventy-five dollars ($7,.00) for the first day and fifty dollars ($50:00) Per day thereafter until found in compliance. Motion by Ms. Harley, seconded by Mr. Viens, to accept staff's recommendation and be given until July 10, 2009 to come into compliance or be fined seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 3. Cc _ Mo. v9 -V V U I — Vioiabol l of Sei. t1iJ11 i 05 i Pcl l l lit Req Ufred, d[IU SGlaiQfj 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 Ave.) — Marsha K. & Kent C. Howe, Property Owners Code Enforcement Officer, Duree Alexander withdrew this Case from the agenda. Code Enforcement Board Meeting Minutes May 21, 2009 Page 4 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. 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 a tree without the required permit. Ms. Neilsen testified that she was not aware that a permit was required. 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 citert in Section 102-38(b)(1), enforcement and Penalties in the amount of two hundred and fifty dollars ($250.00). 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 two hundred fifty dollars ($250.00). Vote on the motion carried unanimously OLD BUSINESS: Case No. 09-00022 - Violation of Section 102, Veaetation: 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. HM/. (Application for Satisfaction or Release of Code Enforcement Lien i Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history for the Board's review. Officer Alexander stated that the respondent is requesting that the Code Enforcement Board recommend that council satisfy the lien in the amount of forty-two thousand two hundred and fifty dollars ($42,250.00). She further stated that only Brazilian pepper trees were removed and the respondent has applied for a land -clearing permit. Mr. Porter testified that he was not aware that a permit was needed to remove the trees. He stated that lie removed pepper trees and potato vires that Were darnnag ing uthtil trees. Mr. Porter requested that the Board recommend that City Council satisfy the lien for the total amount ($42,250.00). Motion by Mr. Godfrey, seconded by Mr. Viens, to recommend that City Council satisfy the lien in the amount of forty-two thousand two hundred and fifty dollars ($42,250.00). Vote on the motion carried unanimously_ Code Enforcement Board Meeting Minutes May 21, 2009 Page 5 2. Case No. 09-00025 - Violation of Section 102, Veaetation; 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. (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 respondent is requesting that the Code Enforcement Board recommend that council satisfy the lien in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00). She further stated that only Brazilian pepper trees were removed and the respondent has applied for a land -clearing permit. The respondent was not present at the meeting. Motion by Mr. Viens, seconded by Mr. Hale, to recommend that City Council satisfy the lien in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00). Vote on the motion carried unanimously. _ 3. Case No. 09-00036 — Violation of Section 102 Vegetation: Section 38(a)(b)(1)(2), Enforcement and Penalties; Section 102-39(a) Permit Reguired: 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 Dales R.A. (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 respondent is requesting that the Code Enforcement Board recommend that council satisfy the lien in the amount of five hundred dollars ($500.00). She further stated that the trees were causing damage to the property and were a potential hazard to the residents. Mr. Daley stated that he was not aware that a permit was required to remove the trees. He requested that the Board grant his request for the satisfaction of the lien to the City Council. Motion by Mr. Viens, seconded by Mr. Hale, to recommend that City Council satisfy the lien in the amount five hundred dollars ($500.00). Vote on the motion carried i manim-_ icier u� �u� n� � �vuoiy . Code Enforcement Board Meeting Minutes May 21, 2009 Page 6 ADJOURNMENT: There being no further business the meeting adjourned at 8:31 P.M. Approved on this day of , 2009. Mary Russell, Chairperson Joy Lombardi, Board Secretary THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s) G Schmitz City of Cape Canaveral Community Development Department Owner(s) of the property located at: 211, 213 Jefferson Avenue, Cape Canaveral Code Case:2008-00143 Date: 7/13/2009 NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUANT to Section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) March 19, 2009 and July 13, 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 paying the fine and not obtaining an approved replacement remediation plan per Section 102-49(b). The respondent was present at the duly noticed He held by the Code Enforcement Board on January 22, 2009. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Chapter 102, Tree Protection; Section 102-39(a), Permits; Section 102-38, Enforcement and Penalites, of 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 hearinq on July 23. 2009. before the Code Enforcement Board. - 1. .Property where violation(s) exist(s): 211, 213 Jefferson Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): G Schmitz P.O. Box Cape Canaveral, FI 32920 3. Description of violation(s) at Property: Chapter 102, Vegetation 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 CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, a Gerry Schmitz Owner of the Property located at: 211/213 Jefferson Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 4 & THE W Y2 OF 5 PLAT BOOK 0003 PG 0007 Respondent, Case #08-00143 ..-A kJ 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 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 selt forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Chapter 102, Tree Protection; Section 102-38, Enforcement and Penalties; Section 102-39(a), Permits, 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 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com Case #08-00143 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Chapter 102, Tree Protection; Section 102-38, Enforcement and Penalties; Section 102-39(a), Permits, of the City Code; ne. evict within the _r i .. f (`o.,o Canaveral 1 .,.,.d that �. �.�. m.@ �+t�—er Cape s� 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 two hundred and fifty dollars ($250.00) per Section 102-38(b)(1), and the respondent shall be given until March 19, 2009 to comply and to meet the tree replacement remediation requirements per Section 102-49(b). 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 1 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 22nd day of January, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA '711 Mary Russ Chairperson Case #08-00143 Copies furnished to: Gerry Schmitz, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this .---17 day of 2009. r Joy 1-oibardi, Board Secretary buree Alexander, C/de Enforcement Officer g pn City of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL THE CITY OF CAPE CANAVERAL Case No. 2009-00028 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 8500 ROSALIND AV Respondent(s): Whisperinlg Oaks Condo Ph 1, C/O Marilyn A. Rigerman, R. A. Marilyn A Rigerman, R. A., A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 corrects -d pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ruEu "this 13t day of July, 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 wwwcityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City of 11. Canaveral 19 Whispering Oaks Condo Ph 1, c/o Marilyn A. Rigerman, R.A. Owner of the Property located at: 8500 Rosalind Ave. Cape Canaveral, FL 32920 LEGAL: WHISPERING OAKS CONDO PH I AS DESC IN ORB 2631 PG 2003 AND ALL AMENDMENTS THERETO PLAT BOOK 0021 PG 0080 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 (ane Canaveral, Florida, on April 23, 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 Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a 2-258 of the City of Cape Canaveral Code of sections 162.06 and 162.12, Florida Statutes; Notice of Violation in accordance with Section Ordinances ("City Code") and consistent with 2. That a violation of Section 34-98(6), Article III, Building Appearance & Maintenance, of the City of Cape Canaveral Code of Ordinances, and Section 304.1, Interior Structure: Section 304.2, Structural Members- of the Internatinnnl Prn,nPrty MAintr-nnnr,= C-r-,rI,= as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to Correct said violation; 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Case #09-00028 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-98(6), Article 111, Building Appearance & Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure; Section 304.2, Structural Members, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until June 13, 2009 to correct any violation of the City Code on the Property; and 2. if Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately 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 one hundred dollars ($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which 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. Ti-... ('`...-1.. E! r ...t o,. _.a 1____m.. ��_ _�_� .. The is %.ouc G II Vr Vr+I 1 lel It oval u t lCt CUy t"e5ef VUs the rlgnI to taKe Turther necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. ` Case #09-00028 D ORDERED at Cape Canaveral, Florida, this 23rd day of April, 2009. Copies furnished to: CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 11 , , IOChairp onazwrt — Whispering Oaks Condo Ph 1, c/o Marilyn A. Rigerman, R.A., Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this � day of f1Pr,' 1 , 2009. Joy Lor�iibardi, Board Secretary Duree Alexander, Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, City of Cape Canaveral Community Development Department Case No. 2008-00198 V. NOTICE OF HEARING Owner(s) of the property located at: 200 CENTRAL BLVD W Respondent(s): Abulghasem & Ahmad Nasajpour Trustee, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 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. Sinr_.P the proceedings of the erode 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. D-A7QFD Chic 1 Ith rinv of h dxt }')OnQ 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 )DE ENFORCEMENT BOARD 'OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION 'r11= LA I T Ur UAI t: UANAVLKAL A Florida Municipal Corporation, Complainant, v Owner(s) of the property located at: 200 CENTRAL BLVD W Case No. 2008-00198 2/09/2009 Respondent(s): Abulghasem & Ahmad Nasajpour Trustee, PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed_ The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected, IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 200 CENTRAL BLVD W 2. Name and address of owner(s) of property where violation(s) exist(s): Abulghasem & Ahmad Nasajpour Trustee 1301 Palace Drive, Rockledge F132955 7c1 " 1�T A ..f i ill i rirl:3C3T7[ l4uPR77P c t�051 t % U[ce tint :)Z('- ' Uipc f'— .-.yi i -1 3292M326 Telephone: (321) 868-1222 s Fax: (321) 868-1247 www.myflorida.ccm/cape • email: ecapecanaveralCPcErr.com Page 2 08-0198 An Inspection Warrant was issued on 1/27/09 and on 1/30/09; Todd Morley, Building Official, Mike Richart, Building Inspector/Code Enforcement, and Duree Alexander Code Enforcement Officer completed a site inspection of the property and all existing buildings. One building was posted as unsafe and other deficiencies were identified as stated below_ 3. Description of Violation(s) at property: Sec 82-12; Unsafe Building or Systems UNSAFE STRUCTURE Sec. 82-12. Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, 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 or other provisions of the City of Cape Canaveral Codes. NOTE: The Standard Unsafe Building Abatement Code 302 Notices. The Standard Unsafe Building Abatement Code; Section 302.1.1(3)(3.1), If the building or structure is to be repaired, you are required to obtain all necessary permits and commence the work within 60 days and continued to completion within such time as the Building Official determines. The repairs must comply with the provisions of the Standard Building Code, 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 that such appeal shall be in writing in the form specified in 401 and shall be filed with the Building Official within 30 days from 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. MAINTENANCE AND RFPAIR.'c;- Sec 34-96; Standards Established. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, or conditions which may create a health or fire hazard. Sec 82-221 International Property Maintenance Code (IPMC) adopted. IPMC Sec 303; Exterior Structure. 303.1 General; The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 303.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. NEC 110.12 (a) Unused Openings Unused cable or raceway openings in boxes, raceways, auxiliary gutters, cabinets, cutout boxes, meter socket enclosures, equipment cases, or housings shall be effectively closed to afford protection substantially equivalent to the wall of the equipment, Electric box miSGinn hlankc Page 3 08-00198 NEC 314.25 Covers & Canopies: In completed installations, each box shall have a cover, faceplate, lamp -holder, or luminaire canopy, except where the installation complies with 410.14(6). Junction box missing cover. FLBC 1203.2.1 Openings Into Attic; Exterior openings into the attic space of any building intended for human occupancy shall be covered with corrosion -resistant wire cloth screening, hardware cloth, perforated vinyl or similar material that will prevent the entry of birds, squirrels, rodents, snakes, rodents, and other similar creatures. Must replace missing soffit covers. RECREATIONAL VEHICLE, OCCUPANCY City of Cape Canaveral Code of Ordinances: Sec 110-553; Living or residing in boats, utility trailers, recreational vehicles and special purpose vehicles. No person or persons shall reside in or occupy with the intent of using as shelter any boat, utility trailer, recreational vehicle, special purpose vehicle, or other automotive vehicles, or the like in the City for a period in excess of 24 hours, with the exception of recreational vehicles in an approved and permitted site used for recreational vehicles. Sec. 110-551. Location of recreational vehicles, camping equipment, boats and boat trailers. (e) Except as necessary for repair or maintenance, no boat, utility trailer, recreational vehicle or special purpose vehicle or structure designed to be mounted upon and carried by another vehicle, shall be used as an accessory building, or connected to any utility, or electrical service, except for temporary connections to battery charging devices. Sec 78-27; Connection with sewer -required. The owner of each lot or parcel of land within the City upon which any building or trailer used as a dwelling is situated for residential, commercial or industrial use shall connect or cause such building or trailer to be rnrnnected with thep__.i blic sewers system of the city. ........... y PROHIBITED USES AND STRUCTURES Sec. 110-335. Prohibited uses and structures. In the C-1 low density commercial district, the following uses and structures are prohibited: (1) All uses not specifically or provisionally permitted in this division. Note: A Farm Animal is defined as a domestic animal, not a cat or dog, which is normally raised for harness, riding, food, milk, eggs, or wool, or for local consumption, or sold to others, or those animals bred for those purposes. RECOMMENDATIONS: 4. Recommendation to correct the violation(s) described above: Repair/replace the unsafe structures, which will require a permit and the approved final inspection. (The structures being supported by poles located at the end of the structures, which was posted on 1/30/09) Repair/remove the following structures: The roof where the gutters have been erected between the two buildings, where water is leaking on the structural members requires compliance with FLBC 1503. (copy attached) The oyfonriari'.-..--- -- at the !.', ' of the same .h,:,,id J, tl-e beam- —uppni ling ti 1e rafter s 'are sagging ai u one is broken must be repaired in compliance with FLBC 1503. Repair the holes in the roof. Remove the illegal structure (trailer) and do not allow residency on the property, unless approved by Special Exception. Page 4 08-00198 Relocate the fence from the City right-of-way to your property. Remove all vehicles being stored on the property without a special exception or current vehicle registration/tags. Note: Your special exception 06-04 has expired due to fact that a Business Tax Receipt was not obtained within one year from the date the Special Exception was approved for the use, in accordance with 110-32. Remove the trash and debris from the property. Remove the farm animals and structures from the property. Repair the following: Replace the junction box missing cover; replace the missing soffit vent covers; electric box blanks, screen needed to cover gable end vent, as discussed at the time of the inspection. 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 Ened herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Canaveral. (321) 868-1222 x 13. Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, N Owner(s) of the property located at: 300 BEACH PARK LA Respondent(s): Villages of Seaport Condo. C/O Russell D. Klemm, R.A. Thomas Preston, City of Cape Canaveral Community Development Department Case No. 2009-00035 NOTICE OF HEARING A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 Palk 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 violations) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE IP()M XA/uIt' u -ruc Arlr]r A - -- --- --• --• • •• ••�ice: nrrC/iL IJ 1 V tat tfRStU. LDED this 13T day of July, 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.ciLyofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral Owner(s) of the property located at: 300 BEACH PARK LA Respondent(s): Thomas Preston PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 300 BEACH PARK LA 2. Name and address of owner(s) of property where violation(s) exist: Thomas Preston 300 BEACH PARK LA, 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 www.mvflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com A review of our records revealed that permit # 5907 for an A/C Change -Out has expired without the required, approved final inspection. 3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code (FLBC) adopted. Sec 82-31 Florida Building Code Adopted The Florida Building Code 2007 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. 4. Recommendation to correct the violation(s) described above: You will need to contact your contractor to reapply for the permit and receive the required, approved final inspectinn 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) I- 0(_ 0(_ Michael Richart Code Enforcement Officer CC: Villages of Seport Condo Assoc. THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, City of Cape Canaveral Community Development Department Case No. 2009-00104 V. NOTICE OF HEARING Owner(s) of the property located at: The Villages of Seaport Condo. Assoc. C/O Russell E. Klemm, R. A. 325 OCEAN PARK LA Respondent(s): Lenard D & Ana Sledz H/W, A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. _ The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE 1 16(1AI 1A/ui!*u Tuc A l�nc n I Io TO K v1 vIN vv/ nvl I I I IL 11rrL/'1L IJ 1 V OE B/-1.7CU. D ED this 13th day of July, 2 r / 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 Community Development Department )DE ENFORCEMENT BOARD 'OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at 325 OCEAN PARK LA Case No. 2009-00104 5/28/2009 Respondent(s): Lenard D & Ana Sledz H/W 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(c) recur(s) even if tha violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION, 1. Property whe,e violation(s) exist(s): 325 OCEAN PARK LA 2. Name and address of owner(s) of property where violation(s) exist: Lenard D & Ana Sledz H/W PO BOX 31794, Independence, OH 44131 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 It has been brought to the attention of this office that you recently had a new Air Conditioning Unit installed without a permit. This constitutes work without a permit. A site visit revieled a new A/C Compressor improperly installed. 3. Description of Violation(s) at property: Sec. 105.1 & 109.1 Florida Building Code -Permits & Inspections 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. 4. Recommendation to correct the violation(s) described above: You will need to contact your contractor to apply for a 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 recommencatc 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 Ass -r_ r City of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL CITATION NO. 09-003 8 THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Respondent(s): Victoria Tucker A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on T'uly 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 pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing_ The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4D,TED this 13t day of July, 2009 Duree Alexander Code Enforcement Officer 7510 N. 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Owner(s) of the property located at: 7081 RIDGEWOOD AV Respondent(s): Alice Neilsen R.A., City ®f Cape Canaveral Community Development Department Case No. 2009-00041 NOTICE OF HEARING A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on July 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 pursuant to Section 182.07 Floriria 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. QXI D this 13th riav of _It flit 7nna Duree Alexa6der 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 APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE #: _ 'Ali APPLICATION FEE: $ ,. APPLICANT: r rl4C-1Seria DATE (�. ADDRESS C– v CITY: U STATE NATURE OF VIOLATION(S): ADDRESS OF SUBJECT PROPERTY: -� 09 —� ZIP: DATE FINE/LIEN IMPOSED: j/` vj AMOUNT: 5"9, CTD - /DAY OR TOTAL COMPLIANCE DATE: k) 14 RELIEF REQUESTED SATISFACTIO ! REDliCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES $__2 S!?, 60 AS THE Alv10U?!TT OF'. REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULDBEGRANTED: (If more space is needed add additional pages) 0 TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space k needed add additional pages) A /7 THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRTNG TEE SUBJECT PROPE�TY INTO COMPLIANCE 'RIOR TO T14—F OF -DER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add .dditional pages)( e . ce-G (-x) j' ,ice' ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, °iCLUDING BUT NnT T TN/TT7 7n Til fivc nTn IT r. ___ _ - _ -- '. — 4", 11'� �' � u1`jaiAN� S THAT EXIST WHICH WOULD WARRANT THE EDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) STATE OF I) O r t COUNTY OF f5,c - a BEFORE ME the undersigned authority did personally appear I p- N . as identification, and who after being place under oath, swore or affirmed the who provided information contained within this application is true and correct. CHAPMAN Notary Public SION # DDS56332March 23, 2013 SEE ry' Di:count Assac. Co - FOR STAFF USE ONLY G APPLICATION FEE: $ i L6 }, RECEIVED BY CITY ON g COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCENIENT REVIEW ON CODE ENFORCEMENT RECO_NLVE-E DATION ATT ACHED: YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION; CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE