HomeMy WebLinkAboutSchmitz Board Order - Case #08-00143City of Cape Canaveral
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CITY OF ;CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #08-00143
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Complainant,
V.
cFN 20o9045498, OR BK 5918 PAGE 2471,
Recorded 03/112009 at 04:56 PM, Scoff Elks, Cleric of
Gent' Schmitz
Courts. Brevard County
# Pgs:3
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,
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 and testimony presented at this hearing, the Code
Enforcement Board finds:
�. 1 hat Respondent was provided a 114o ice of Vtioiation 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 e Cake Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
www.myfiorid-a.com/cape • email: ccapecanaveraj@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;
____-.-----��- —Th?± sairl--violations exit _UUithin thR City of C' -erne t ---.-...l .... that such------
constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. A fine will be immediately entered in the amount of 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 / 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
Mary RussE0 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 .;�?7 day of �a�c�cc� r , 2009.
Joy 1-6Mbardi, Board Secretary
uree Alexander, C de Enforcement Officer
N Complete Items 1, 2, di�u J. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
Iso that we can return the card to you.
s ttach this card to the back of the mailpiece,
r on the front if space permits.
1. Article Addressed to:
A. Sigratcre
❑ Agent
X ❑ Addre
13eceived by ( Printed fdarrfe) C. Dale of D9I
D. Is delivery address different from item 1? ❑ Y
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail Q Express Mail
01 Registered Q Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (�xtra Fee) ❑ Yes
2. Article Number
(transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt
.102595-02-M-1540