HomeMy WebLinkAboutCEB AGENDA PKT 10-22-09ty of Cape Canaveral
AGENDA
=ORCEMENT BOARD
ULAR MEETING
POLK AVENUE
OBER 22, 2009
7:00 P.M.
Establish Next Meeting Date: November 19, 2009
NEW BUSINESS:
Approval of Meeting Minutes: July 23, 2009.
COMPLIANCE HEARINGS:
Case No. 06-00087 — Violation of Section 34-96(a)(b), Standards Established;
Section 34-98(b), Building Appearance and Maintenance, of the City of Cape
Canaveral rode of Ordinances; and 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, (8303 Rosalind Ave.)
Joseph Blanchard, Property Owners.
2. 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, C1 04 Monroe Ave.)
— Heath & Heath Systems, Inc., c/o Dawn M. Heath, R.A. (Director). (In
compliance)
3. Case No. 08-00127 — Violation of Section 34-96, Standards Established; Sectio
34-97, Duties and Responsibilities for Maintenance, of the City of Cape
Canaveral Code of Ordinances; and Section 304.1, Interior Structure; Section
304.3, Interior Surfaces, of the International Property Maintenance Code, as
adopted by Section 82-221, of the City of Cape Canaveral C nrle Of Ordinances,
(8740 Croton Ct.) Robert B. Muckenfuss, Property Owner.
4. 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.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 SUNCOM: 982-1220 • FAX: (321) 868-1248
wwed.myiivriva.CGzia/Cape • e-mail. CCapeGanaVeralL CI1.rr.COITi
a
rcement Board
22, 2009
Page 2
5. Case No. 08-00147 — Violation of Section 34-98(6), Article III, Building
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. Benedilk, Trustee. (In compliance)
6. 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). (In
compliance)
PUBLIC HEARINGS:
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.
2. Citation No. 0077 — Violation of Section 82-375, Construction Contracting
Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (308
Surf Dr.) Brevard Air & Refrigeration, Inc., Contractor c/o Adam G. Shaffer, R.A.
3. Case No. 09-00099 — Violation of Section 70-68, Violation; Penalty; Section70-
69, Receipt Required; Section 70-71, Engaging in Business Without Paying Tax,
of the City of Cape Canaveral Code of Ordinances, (7017 Orange Ave.) —
Timothy L. & Andrea P. King, Property Owner.
4. Case No. 09-000166 - 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, (200 International Dr.
#108) — TBC Realty LTD, c/o Tommy Blair, Property Owner.
5. Case No. 09-00185 — Violation of Section 34-97, Duties and Responsibilities for
Maintenance, of the City of Cape Canaveral Code of Ordinances, (431 Monroe
Ave.) — Coral Bay Condominium Association, Inc., c/o Giuseppe Conoscenti,
R.A.
Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal
any decision made by the Code Enforcement Board with respect to any matter considered at this meeting,
that person will need a record of the proceedings, and for such purpose that person may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for the introduction or
admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it 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
JULY 23, 2009
7•nn Pen
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral,
Florida was held on July 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.
MEMBERS PRESENT
Mary Russell
Walter Godfrey
James Hale
Karen Hartley
Lynn Mars
Ralph Lotspeich
MEMBERS ABSENT
Charles Biederman
Raymond Viens
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Bob Hong
Kate Latorre
Chairperson
1 st Alternate
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Mavnr Pm Tem
Assistant City Attorney
The Board members established that the next meeting would be held on August 20,
2009.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: May 21, 2009.
Motion by Ms. Hartley, seconded by Mr. Hale, to approve the meeting minutes of May
21, 2009, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
July 23, 2009
Page 2
COMPLIANCE HEARINGS:
1. 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.
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 requested additional time to work on the tree replacement remediation
with the Building Official.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance 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, and amend the Board Order to give the respondent until AIjnimt 2n 2nn9 to
come into compliance and meet the tree replacement remediation requirements per
Section 102-49(b).
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in non-compliance, and be given until August 20, 2009 to come intor�
compliance and meet the tree replacement remediation requireII e requirements per Section 102-
49(b). Vote on the motion carried unanimously.
2. Case No. 09-00028 — Violation of Section 34-98(6). Article III. Buildin
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.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
PUBLIC HEARINGS:
Case No. 08-00198 - Violation of Section 34-96(d), Standards Established: 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 City of Cape Canaveral Code of Ordinances, (200 W.
Central Blvd.) Abulghasem & Ahmad Nasajpour, 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, after
obtaining an inspection warrant, a site visit revealed multiple violations. Officer
Alexander stated that the respondent has corrected a few of the violations on the
property • however, he is still in violation ^f havin^y far. rm animals an unsafe atr-M�L,-+ure, and
e e
electrical violations. Discussion followed. The respondent was not present at the
meeting.
Code Enforcement Board
Meeting Minutes
July 23, 2009
Page 3
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 34-96(d), Standards Established; 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 bv_ Section 82-221, of the City of Cape Canaveral Code of
Ordinances, and be given until September 21, 2009 to come into compliance or be fined
in the amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00)
per day thereafter until found in compliance.
Motion by Mr. Hale, seconded by Ms. Harley, to accept staff's recommendation and find
the respondent in violation, and be given until September 21, 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.
2. Case No, 09-00035 — Violation of Section 1(15.1 Permit Rena iirerd• and SeCtinn
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 ParkLa.)
— Villages of Seaport Condo. c/o Russell d. Klemm, R.A. (Thomas Preston.
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 Atlantic Air, Inc. pulled a permit that expired prior to obtaining
an approved final inspection and a permit was applied for by Kabran A/C.
Mrs. Angela Preston testified that Atlantic Air did not complete the work and they hired
Kabran A/C to complete the work and call for the final inspection.
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 September 21, 2009 to come into compliance or be
finers in the amount of seventy-five dollars ($75 00) fnr the first day and fifty dollars
V1 t V II l I IV II U
($50.00) per day thereafter until found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in violation, and be given until September 21 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 coirpliance. Vote on the motion carried
unanimously.
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 Citoff Cape Canaveral Code of Ordinances, (325 Ocean Park La )
— Villages of Seaport Condo. c/o Russell d. Klemm, R.A. (Lenard D. & Ana
Sledz)
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
Code Enforcement Board
Meeting Minutes
July 23, 2009
Page 4
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.
Code Enforcement officer, Duree Alexander stated that the respondent requested to
postpone this itern until the next scheduled meeting. Brief discussion followed.
Motion by Mr. Lotspeich, seconded by Mr. Godfrey, to postpone until the August 20.,
2009 meeting date. Vote on the motion carried unanimously.
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)
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 two hundred and fifty
dollars ($250.00). Discussion followed regarding staff costs associated with the case.
Ms. Neilsen stated that she was not aware of additional costs and questioned what the
amount was. Officer Alexander did not have the amount and said she would get back to
her.
Motion by Mr. Hale, seconded by Mr. Mars, to recommend that City Council satisfy the
lien in the amount two hundred and fifty dollars ($250.00). Vote on the motion carried
unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:09 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
City ®f Cape Canaveral
Community Development Department
Case No. 2006-00087
NOTICE OF HEARING
Owner(s) of the property located at:
8303 Rosalind Avenue, Cape Canaveral
Respondent(s):
Joseph Blanchard,
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
22, 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 fear ing.
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 1S 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. TFD this 24th y f Septembe )009
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.cit,vofcanecanaveral.org • email: ccapecanaveral@cfi.rr.com
VNZIACity of Cape Canaveral�1E
CITY OF
CAPE CANAVERAL CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #06-00087
A Florida municipal corporation,
Complainant,
v
Joseph Blanchard
Owner of the Property located at:
8303 Rosalind Avenue
Cape Canaveral, FL 32920
LEGAL: CAPE CANAVERAL BEACH GDNS UNIT 1 PART OF LOT 3 BLOCK 1 AS DES IN ORB 2269 PG 322 PLAT BOOK 0016
PG 0131
Respondent,
AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
AMENDED AS TO ADDITIONAL TIME)
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on October 23, 2008 to
determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or
existed on the property. The Board, having heard the arguments of the parties and the
evidence presented and having reviewed the record and being otherwise fully advised, makes
the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth
herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the Citv of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
In
2, That a violation of Section 34-96(a)(b), Standards Established; Section 34-98(b),
Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and
Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building
Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and
Respondent was further provided a reasonable sable 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.mvflorida.com/cape • email: ccapecanave-ral@cfl.rr_com
Case #06-00087
3. That Respondents either failed or refused to correct such violation within the
ble time period provided in the Notice of Violation; that the Respondents were provided
F hearing before the Code Enforcement Board and was present at the hearing;
4. That based on the testimony and evidence presented, Respondents have
violated the City Code, to wit: Section 34-96(a)(b), Standards Established; Section 34-98(b),
Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and
Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building
Code, as adopted by Section 82-221, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
6. Respondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board of the City of Cape Canaveral, Florida on January 22, 2009.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondents be given until March 19, 2009 to correct any violation of the City
Code on the Property; and
2. If Respondents fail 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 nresent 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 seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day
thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. Respondents shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance; Any fine- imposed cursuant to this paragraph
shall be retroactively imposed beginning on October 23 208
3. If Respondents fail to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take fi,rther 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 ell,
Case #06-00087
DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of January, 2009.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Rus II, Chairperson
Copies furnished to:
Joseph Blanchard, Property Owner
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this -:�F7 day of
/11 /� /
4,zll,lf 11 � V/1�
uree Alexander, Code Enforcement Officer
Joy Cdmbardi, Board Secretary
Agent
'
OFFICIAL
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Print Name
C. Date of Delivery��p�
r°ss different from iters 1 "r E3`ees
Postage
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lelivery address below:�Poo
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Certified Fee
Return Receipt Fee
J441rR ark
(Endorsement Required)
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Restricted Delivery Fee
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Joseph Blanchard
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Victor M. Watson, Esq., R. A.
3490 N US Highway -1
Cocoa, FL 32926
iity or Cape i-anaverm
Community Development Department
NOTICE OF COMPLIANCE
CODE ENFORCEMENT CASE #: 2007-00117
LOCATION OF VIOLATION: 104 Monroe Avenue, Cape Canaveral,
PROPERTY PARCEL #: 24 3723CG 19 9
Respondent(s):
Victor M. Watson, Esq., R. A.,
The above property owner was found in compliance on September 3, 2009, by complying with the
Notice of Violation by the removal of the unsafe structure(s) on the property.
Description of Violations) at property: BLDG APR
Sec. 34-98(4)(8). Building appearance and maintenance.
Sec. 34-96(d). Standards established.
Section 82-56 Article iii, unsafe Building Abatement Code Adopted of the the City of Cape
Canaveral Code of Ordinances.
Section 82-12 Unsafe Buildings or Systems
Your cooperation in this matter is greatly appreciated.
If you have any questions, please do not hesitate to contact our office at (321) 868-1222.
Sincerely,
7- �t
Pur&eeAW1exan&der
Code Enforcement Officer
7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 a Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247
www.ciryofcapecanaveral.org • email: ccapecanaveraj@cfl.rr.com
THE Ci T Y OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
v
City of Cape Canaveral
Community Development Department
Case No. 2003-00127
NOTICE OF HEARING
Owner(s) of the property located at:
8740 Croton Ct. Cape Canaveral, FI. 32920
Respondent(s):
Chase Home Finance, LLC
C/O CT Corporation System, R. A.
C/O The Corporation Company, R. A.
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
22, 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 en" , ed to i testify an id present evidence and witnesses 'in defense at he healing. mince the
proceedings of the C ogle EnfnrEement Board are legal in nntiire x, , mai, ;,iiah ty hark Icna1 - tinsel
Zl—
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 HEARIN( IS MADE, WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPI=AL IS TO BE BASED.
DAEl� this 1 st�F/of October 2009
f'
URr�17!% � i l
Duree Alexander 11
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@cii.rr.com
■
City of Cape Canaveral
CrfY CF
CAPE CANAtlERAL CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #08-00127
A Florida municipal corporation,
i
Complainant,
ITA
Robert B. Muckenfuss
Owner of the Property located at:
8740 Croton Ct.
Cape Canaveral, FL 32920
LEGAL- OCEAN WOODS STAGE 2 LOT 57 PLAT BOOK 0025 PG 0032
Respondent,
CFN 2009052167, OR BK 5920 PAGE 354,
Recorded 03l23t2009 at 08:46 AM, Scott Ellis, Clerk of
Courts, Brevard County
# Pgs:3
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 set forth
herein.
Findings of Fact and Conclusions of Law
Based upon the evidence anri tectirnnny presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 34-96(b)(d), Standards Established; Section 34-
97(a)(1), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of
Ordinances; and Section 304.1, Interior Structure; Section 304.3, Interior Surfaces, of the
International Property Maintenance Code, as adopted by Section 82-221, of the City Code exist
or existed upon the Property and Respondent was further provided a reasonable time to correct
said violation;
7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com
JJ _ Case #08-00127
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 34-96(b)(d), Standards Established; Section 34-97(x)(1), Duties
and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and
Section 304.1, Interior Structure; Section 304.3, Interior Structure, of the International Property
Maintenance Code, as adopted by Section 82-221, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until February 19, 2009 to correct any violation of the City
Code 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 seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph
shall be retroactively imposed beginnings on January 22 2009.
3. If Respondent fails to correct any and all violations on the r)rooerty 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) exists) 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.
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 V1.
Case #08-00127
DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of January, 2009.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
'Chairperson
Copies furnished to:
Robert: B. Muckenfuss, Property Owner
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent {s} and/or
Respondent's authorized representative on this 27 day of T���� , 2009.
Joy L bardi, Board Secretary
D ree Alexander, Code Enforcement Officer
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: 10/02/2009
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) August 20, 2009
and September 2, 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 paying the fine as set forth in the Order
Imposing Penalty on First Violation.
The respondent was present at the duly noticed Hearing held by the Code Enforcement Board on
January 22, 2009. The respondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board on July 23, 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 rnroperfis 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 October 22,
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 622
Cape Canaveral, FI 32920
3. Description of violation(s) at Property_
Chapter 102, Vegetation
Duree Alexander
vvue C17IUtcCttlL'(1L V1TICer
7510 N. Atlantic Avenue • Post Office Box 326 IT Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 IT Planning & Development (321) 868-1206 IT Fax & Inspection: (321) 868-1247
www.ciiyof,capecanaverai.org : email: ccapecanaveral@ci'i.rr.com
LTA
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 % OF 5 PLAT BOOK 0003 PG 0007
Respondent,
AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
(AMENDED AS TO ADDITIONAL TIME)
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on 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 set forth
herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes, -
2. That a violation of 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;
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
vw.my+�or?da.ccm%cape e-mail: ccapecanaveral@cfl.rr.com
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;
5. That said violations exist within the City of Cape Canaveral and that such
constitutes violation of the City of Cape Canaveral Code of Ordinances.
6. Respondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board of the City of Cape Canaveral, Florida on July 23, 2009.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. A fine will be 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 August 20. 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 / 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 23rd day of July, 2009:
ENFORCEMENT B
OF CAPEZSANAVEF
Walter Godfrey, Acting C
,D OF THE
FL RIDA
rso
Case #08-00143
PCopies furnished to:
Gerry Schmitz, Respondent
Fr 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 2,r' day of Svty , 2009.
Joy 6mbardi, Board Secretary
r
Duree Alexander, Code Enforcement Officer
WuZIZuuy
David R. Benedik, Trustee
2445 Palm Lake Drive
Merritt Island, FI 32952
City of Cape Canaveral
Community Development Department
NOTICE OF COMPLIANCE
CODE ENFORCEMENT CASE #: 2008-00147
LOCATION OF VIOLATION: 8744 Seagrape Court, Cape Canaveral,
PROPERTY PARCEL #: 24 371457 135
Respondent(s):
David R. Benedik, Trustee,
The above property owner was found in compliance on July 17, 2009, by obtaining a permit to repair
the damage roof.
Description of Violation(s) at property: BLDG APR
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.
iMPv Sec. 30u3.UUN IZ) ai d Drainage
Ser, iAAR Ri iilHing appearance and maintenanen ^f the r ih, of Cape Canaveral Code of
Ordinances.
Your cooperation in this matter was greatly appreciated.
If you have any questions please call Code Enforcement in the Building Department at
(321)868-1222.
Sincerely,
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
r 1
WWW.Cityorcapecanaverai.org • email: ccapecanaverai@cl.rr.com
vivuiwvU
City of Cape Canaveral
Community Development Department
NOTICE OF COMPLIANCE
Thomas Preston
300 BEACH PARK LA
CAPE CANAVERAL, FL 32920
CODE ENFORCEMENT CASE #: 2009-00035
LOCATION OF VIOLATION: 300 BEACH PARK LA,
PROPERTY PARCEL #: 24 371400 34W
Respondent(s):
Thomas Preston,
The above property owner was found in compliance on August 5, 2009, by obtaining the required
permits and approved final inspection for the installation of the A1C unit.
Description of Violation(s) at property: FLBLDGCOD
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 105.1 Required Permit(s)
FLBC 109.1 General Inspection(s)
Your cgoneratinn in thic mnftar wnc nrc7fli, an— mated
, 91
If you have any questions please call Code Enforcement in the Building Department at
(321)868-1222.
Siy�cereiy,
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
r
www.ciryorcapecanaverai.org email: ccapecanaverai@ctl.rr.com
City of Cape Canaveral
Community Development Department
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
1,11 Complainant,
Citation No 0038
V. NOTICE OF HEARING
Location of Violation:
226 Harbor Drive, Cape Canaveral, F132920
Respondent(s):
Victoria Tucker
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on October 22, 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) of 489.127(h) Florida Statutes, and 82-375 et. seq., of the City of Cape Canaveral
Code of Ordinances, for work without a permit and as set forth in the Citation 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 'nearing.
If the Code Enforcement Board finds that a violation exists, the Code Enforcement Board may
order the violator to pay a civil penalty of not less than the amount set for the on the Citation, but
no more. than $1,000.00 per day for each violation.
AIS 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.
f
f;
ED s 2 h a tuber, 2009
uree 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
r O enn
www.ciLyorcapecanaveral.org = email: ccapecanaverai.mcom
CONSTRUCTION CONTRACTOR CITATION CITATION NO.: 0038
ISSUING AGENCY: CITY OF §82-375 et. seq. City of Cape Canaveral Code; and/or
CAPE CANAVERAL §489.127, and/or §489.132(l), Florida Statutes
The undersigned certified that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that or
Did commit h1 § 82-375 et. seq. City of Cape Canaveral Code - Construction Contracting Regulation Violation.
a violation of: ❑ § 489.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions and Occupations
❑ § 48}.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Qualified Construction companie!
Facts constituting Reasonable and Probable Cause:d
Location of Violation 1_
Penalty: $500/00 fo each violatisuch violation shall continue shalt be deemed to constitute a separate infraction.
Signature of cer. Time of Issuance: ❑ AM M
Print Name/Title o fficer. �tJ�°�� Date of Issuance:
Issued by: ❑ CC fled Mail, Return Receipt Requested
-J Hand Delivery to Violator
❑ Hand Delivery to Family Member at Residence (15 yrs. or older) Specify Person:
NOTICE TO VIOLATOR
This Citation is issued pursuant to to § 82-375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat.
Any person who is issued and receives this Citation shalt immediately cease the act for which the Citation was
issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has
been issued and elect either to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City
of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash
(do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at
105 Polk Avenue, Cape Canaveral, Fl. 32920. You must include a copy of this Citation with your payment, -
OR
(2) Within (10) days of receipt of this Citation, not including weekends and legal holidays, request an administrative
hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the
applicable procedures set forth in the Cape Canaveral Code. All such requests for a hearing shall be made in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shall constitute a waiver of the violator's right to a hearing and such
waiver shalt be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code
Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil
penalty of not less than the amount set forth on this Citation but no more than $1,000,00 per day for each violation.
The above remedies are not exclusive
Any unlicensed person violating subsections 489.127 or 489.132 commits a misdemeanor of the first degree upon first
offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(1) commits a felony
of the third degree upon the second offense. Any unlicensed person who commits a violation of ghcartion 489,127(1)
during the existence of a state of emergency declared by executive order of the Governor, commits -a
felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes.
Your signature below does not constito an admi ion of guilt however, willful refusal to sign and accept this
Citation is a second degree misdemea or punishy a fine of $500.00 and/or 60 days in jail as provided by
§775.082 or §775,083 Fl t /
Signature of Violator: 'I 4/Z Date:
"A"
Original - To he Retained 6y the Cape Canaveral Code Enforcement Board EXMBIT -
Yellow Copy - To be Retained by Violator
City ®f Cape Canaveral
Community Development Department
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
Citation No 0077
V. NOTICE OF HEARING
Location of Violation:
308 Surf Drive, Cape Canaveral, Fl
Respondent(s):
Brevard Air & Refrigeration, Inc.
C/O Adam G. Shaffer, President, R. A.
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on October 22, 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, 1 I 1 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding
the violation(s) of 489.127(h) Florida Statutes, and 82-375 et. seq., of the City of Cape Canaveral
Code of Ordinances, for work without a permit and as set forth in the Citation 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
UP-, P1 Vt CCU111rs of the Code Enrorcement Board are legal in nature, you may wish to have legal
counsel attend tale above re4ureiiced hcarting.
If the Code Enforcement Board finds that a violation exists, the Code Enforcement Board may
order the violator to pay a civil penalty of not less than the amount set for the on the Citation. but
no more than $1,000.00 per day for each violation.
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
TIIE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON `W'HICH THE APPEAL IS TO BE BASED.
DATE this 24th "f September, 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
i a.
yr yr,v.C. ,fof<-ap,-canaa,eial.org - emau. ccapecana-, eraito� ciai.rr.com
CONSTRUCTION CONTRACTOR CITATION CITATION NO.: 0077
ISSUING AGENCY: CITY i §82-375 et. seq. City of Cape Canaveral Code; and/or
CAPE CANAVERAL §489.127 and/or §489.132(l), Florida Statutes.
The undersigned certified that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on:
Day of the Week:
K4, C I Month:
? Day: A -k Year -2-k' a �
Timer -C 0 ❑ AM UPM
First Name:
14 --' 61-:,_ {z—
M.I.: ` D 0- r,J Last Name:
Street Address:
A-)
C
City:
p
State:
Zip Code:
Phone No.:
D.O.B.:
Race:
Sex: I Height:
Did commit �2h§ 82-375 et. seq. City of Cape Canaveral Code - Construction Contracting Regulation Violation.
a violation of: ❑ § 489.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions and Occupations).
❑ § 489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Qualified Construction companies).
o shtit�uting ea_sonable n9d able Cause: 1Q�,;;, tai' e. � oc e.> c @ 6 e
Location of Violation: 3 cy
Penalty: $500.00 for each violation. Each day such violation shall continue shall be deemed to constitute a separate infraction.
.1 -
Signature of Officer. i Time of Issuance: ❑ AM ❑ PM
Print Name/Title of Officer.Cr��`C eDate bfvance:J_/
Issued by. 0Certified Mail, Return Receipt Requested
❑ Hand Delivery to Violator
❑ Hand Delivery to Family Member at Residence (15 yrs. or older) Specify Person:
NOTICE TO VIOLATOR
This Citation is issued pursuant to to § 82-375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat.
Any person who is issued and receives this Citation shall immediately cease the act for which the Citation was
issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has
been issued and elect either to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City
of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash
(do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at
105 Polk Avenue, Cape Canaveral, FL 32920. You must include a copy of this Citation with your payment;
OR
(2) Within (10) days of receipt of this Citation, not including weekends and legal holidays, request an administrative
hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the
applicable procedures set forth in the Cape Canaveral Code. All such requests for a hearing shall be made in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shall constitute a waiver of the violator's right to a hearing and such
waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code
Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil
penalty of not less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation.
The above remedies are not exclusive
Any unlicensed person violatinq subsections 489.127 or 489,132 commits a misriamaannr nf+hP firct rionma rmnn firct
` _..�.......r.._.........
offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(1) commits a felony
of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(1)
during the existence of a state of emergency declared by executive order of the Governor, commits a
felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes.
Your signature below does not constitute an admission of guilt; however, willful refusal to sign and accept this
Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jail as provided by
§775.082 or §775.083, Fla. Stat.
Signature of Violator: Date:
Original - To be Retained by the Cape Canaveral Code Enforcement Board
EXHIBIT 'V
Yellow Copy - To be Retained by Violator
Pink Copy - To be Retained by City
THE CITY OF CAPE CAi"It,`v'ERAL
A Florida Municipal Corporation,
Complainant,
v
Owner(s) of the property located at:
7017 ORANGE AV
Respondent(s):
Coral Bay Condominium Assoc. Inc.
Timothy L. & Andrea P King, H/W
City of Cape Canaveral
Community Development Department
Case No. 2009-00099
NOTICE OF HEARING
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
22, 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_
oroceedina� of the r^,�a Gnfsar...,�,..wa r1___� _
( nr4n Enforcement pUdra 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. Ft 1RTHER, 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.
I
IS this 2stOctober 217
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
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THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Ownerfs) of the property located at:
701.7 0P'A1'JG , RUE
City of Cape Canaveral
Community Development Department
DE ENFORCEMENT BOARD
OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
Respondent(s):
Shea King Communications
C/O Timothy L. & Andrea P King, H/W,
Timothy L. King & Associates,
C/O Timothy L. King, R.A.
Constitutional Public Radio
C/O Shea King Vance Associates,
C/O Mark, R. Vance, R.A.
Case No. 2009-00099
5/19/2009
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 fifteen (15) days.
In the event that the vinIntionk) is/arm not rrnrre ed w;FM;- 4i e 4-im_ _
..., �: E E cam, aas3s sus a to c iaf a aC - 'od set forth abode 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 maybe 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):
� 01r'1 09kR q- P�vF_-
2_ Name and address of owner(s) of property where violation(s) exist. -
Timothy L. & Andrea P King, HAI!
?01' Orange Avenue,
Cape Canaveral, FL 32920
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.citvofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com
Page 2
09-00099
Our records reveal that the Business Tax Receipt for Shea King Communications, Timothy L.
King and Associates, Inc. and Constitutional Public Radio have not been renewed. All of which our records
show are located at the above stated address. If you are operating a business within the City of Cape
Canaveral you must obtain and renew your Business Tax Receipt.
3. Description of Violation(s) at property: Sec. 70-71, Engaging in business without paying tax
It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or
conduct any of the businesses, occupations or professions specifically enumerated in this article without
paying the local business tax required by this article in the manner provided in this article or to fail to make
any reports to the city treasurer as required or to violate any other section of this article.
Sec. 70-68; Violation; penalty.
(a) Each day of sale or disposal of merchandise or engaging in a business or occupation without
complying with this article shall constitute a separate and distinct violation of this article.
1-15. (b) Any person violating this article shall, upon conviction, be punished as provided in section
Sec. 70-69; Receipt required; payment of tax prerequisite to issuance.
Each person who shall engage in, transact or manage or be the agent for any business or who
shall perform or offer to perform services or sell good, advertise goods for sale or perform service or
solicit or advertise the performance of services for any the businesses, professions or occupations
mentioned in this article shall first procure a local business tax receipt from the city and shall, upon
procuring the receipt and before the issuance of the receipt, pay the amount of local business tax required
as provided in sections 70-89.
RECOMMENDATIONS:
4. Recommendation to correct the violation(s) described above:
Please renew the above stated Business Tax Receipt #1245, Shea King Communications;
#2119, Timothy L. King & Associates, Inc; #6480, Constitutional Public Radio. You may do this between
the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday, or contact ,Joy at (321) 868-1222.
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 rin not hesitate to contact the below siq_ ned Code Enforcement Officer at the City of
Cape Canaveral. (321) 868-1222.
Duree Alexander
Code Enforcement Officer
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
u
Owner(s) of the property located at:
200 INTERNATIONAL DR UNIT 108
Respondent(s):
TCB Realty LTD C/O Tommy Blair,
City of Cape Canaveral
Community Development Department
Case No. 2009-000166
NOTICE OF HEARING
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
22, 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
vioiation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL
ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS
PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE
APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATE this 24th day,.pf September, 2009
iZ V
D re 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
,v ,r rV.C.rycF ar, tea.a v al�.org ° email: cca ccanxre al- cii.rr.com
City of Cape Canaveral
Community Development Department
ODE ENFORCEMENT BOARD
'OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
rIC VI I T IJr" Ut-kr'C
A Florida Municipal Corporation,
Complainant,
v
Owner(s) of the property located at:
200 INTERNATIONAL DR UNIT 108
Respondent(s):
TCB Realty LTD C/O Tommy Blair
Case No. 2009-00166
9/02/2009
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 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.
TheCode End.,......-.,'..,+ D,...: -.J w, -+^, - .e,- 4— r .. +h.. 0.z r. >..... 4—+[^% +.e correct +4e.a , ,-.I�s+ir. 1 -
IC IrVUG LI �Iul �.c[ I Icl Il UVQI u May ei Itci 0111 u1 uc1 I ^cquir H 1y a IU I NUC)Pul Juc1 Ukoj lv 1.^vr r c^l.l a 1c V iu IalIuI I,a)
and penalties may he assessed up to -T250 ner rlav fnr each firgt vinlatinn nr un to .�,SQn ner day fnr 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 INTERNATIONAL DR UNIT 108
2. Name and address of owner(s) of property where violation(s) exist:
TCB Realty LTD C/O Tommy Blair
3219 Atlantic Ave. #302,
Cocoa Beach, Fl- 32931
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.ciLyorcapecanaveral.org • emaii: ccapecanaveraiC-ctl.mcom
A review of our records revieled that permit #6198 for an A/C Change -out has expired without the
required, approved final inspection. An inspection was performed on 6/30/09, but failed. (See attached
inspection report)
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 apply for a new 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 vnii hada any niiestinns regaP.rding thig Rlntira of Ordinance/Code Violation or fl—
recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer
at the City of Cape Canaveral. (321-868=1222)
A
Michael Richart
Code Enforcement Officer
Complainant,
v
Owner(s) of the property located at:
431 MONROE AV 431/441
Respondent(s):
Coral Bay Condominium Assoc. Inc.
Giuseppe Conoscenti, R.A.
City of Cape Canaveral
Community Development Department
Case No. 2009-00185
NOTICE OF HEARING
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
22, 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 tho r`nr10 Fnfnrt-pa —+ e�,.,r 4 ,. -- i _
, « u ai c luyai m nature, you may wish to have legal counsel
attend theabovereferenced 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
TESTI / NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATjj,tzD,Ahis 2st daJyf/gf Ocytober p200
Durse 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
ciryof apeca.^.ave:al.org --mad: ccapecanaveralncfl.rr.co^
City of Cape Canaveral
Community Development Department
IDE ENFORCEMENT BOARD
OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2009-00185
A Florida Municipal Corporation, 9/11/2009
Complainant,
V.
Owner(s) of the property located at:
431 MONROE AV 431/441
Respondent(s):
Coral Bay Condominium Assoc. Inc.
C/O Giuseppe Conoscenti
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 nn nrn[er r e—sir is ag the Respondents) 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):
431 MONROE AV 431/441
2. Name and address of owner(s) of property where violation(s) exist:
Coral Bay condominium Assoc. Inc.
C/O Giuseppe Conoscenti
503 N Orlando Avenue 106,
Cocoa Beach, Florida 32931
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
ww-vJ.Ciiyoi�aYcc3Ilavcrai.oi = ernaii: ecapecanavera1 cii.mcom
Page 2
09-00185
Our office received a complaint regarding a large tree encroaching onto the adjoining property. A
site inspection revealed the tree has caused damage to the fence and has grown over the fence line.
3. Description of Violation(s) at property: Sec. 34-97; Duties and Responsibilities for Maintenance.
Sec. 34-97. Duties and responsibilities for maintenance.
(a) The owner of every single-family or multiple -family dwelling, commercial or industrial property,
his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form
or manner shall maintain the premises free of hazards which include but are not limited to:
(1) Stumps, roots, obnoxious growth.
(2) Trees shall be kept pruned and trimmed to prevent hazardous conditions.
4. Recommendation to correct the violation(s) described above:
Staff would recommend removal of the tree. The tree appears to be an undesirable species and a
permit would be required. If the arborist determines that the tree is a nuisance tree there will be no charge
for the permit. If you choose not to remove the tree you will still be required abate the nuisance.
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 City of Cape Canaveral. (321-868-1222)
'age � C
_Oz
Duree Alexander
Code Enforcement Officer