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Home My WebLink AboutCEB AGENDA PKT ~ 03-18-10City ®f Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE MARCH 18, 2010 7:00 P.M. Next Meeting Date: April 22, 2010 NEW BUSINESS: Approval of Meeting Minutes: February 18, 2010. PUBLIC HEARINGS: Case No. 09-00062 — Violation of Section 604, Electrical Facilities; Section 604.2, Service; Section 604.3, Electrical System Hazards; Section 605.1, Electrical Equipment, Installation; 303, Exterior Structure, General, of the International Property Maintenance Code, as adopted by Section 82-221; and Section 2603-2603.4, General — Thermal Barrier, et seq., of the Florida Building Code 2007 edition, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (6850-6890 N. Atlantic Ave.) — Yogi's Fnnd & DiBrni int Beverage, Inc., c/o Yogeshkumar S. Patel, R.A., & The Tomato Grille, Inc. aka Tip -A -Few, c/o Edward Liquori, R.A. 2. Case No. 10-00001 — Violation of Section 34-97(a)(b)(3), Duties and Responsibilities for Maintenance; and Section 34-98(5), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (404 Harrison Ave.) — Phillip N. Blaha, Life Estate. 3. Case No. 10-00022 —Violation of Section 94-11(a)(b)(c)(e)(f), Maintenance, Notice to Repair, of the City of Cape Canaveral Code of Ordinances, (5807 N. Atlantic Ave.) — Costa Del Sol Condo. Assoc., c/o Timothy Pickles. R.A. & Dennis Gibbs, President. 4. Citation No. 0039 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (6920 Ridgewood Ave.) Kevin A. Barfield, Barfield Roofing, Inc, c/o J. Patrick Anderson, R.A. (Contractor requested a hearing before the Board to appeal the citation.) 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 natter 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 attenriance 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 W participate in any of thi—P nrnrPPrlingc shni dri r;nntart fha C ify C'larl 'e of lir ofAFAR_ at 1221, 48 hours in advance of the meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 unxnxrrnv�nri�� nm%r�na r .,.1• ,.ln��l �..u.ir.Colit CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES FEBRUARY 18, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 18, 2010, in the Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Karen Hartley Ralph Lotspeich Lynn Mars MEMBERS ABSENT Walter Godfrey James Hale OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Todd Morley Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant Citv Attorney Building Official The Board members established that the next meeting would be held on March 18, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: January 21, 2010. Motion by Mr. Viens, seconded by Ms. Hartley, to approve the meeting_ minutes of January 21, 2010, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 18, 2010 Page 2 COMPLIANCE HEARINGS: Case No. 09-00191 — Violation of Section 34-122(b), Public Nuisances Prohibited; Section 110-470, Fences, Walls, and Hedges, of the City of Cape Canaveral Code of Ordinances, (Parcel ID: 24-37-15-00-00753.1-0000.00, 24- 37-15-00-00833.0-0000.00, & 24-37-15-00-00834.0-0000.00) — Mermaid Key, LLC. c/o Janice Greene. R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the maintenance of the properties. Officer Alexander stated that a site visit revealed the vacant properties were overgrown; the fence is falling down and in violation of the City Code. Officer Alexander further stated that she would notify the owner that someone has built skateboard ramps and a boat launch on the property in addition to the remaining trash and debris. Discussion followed. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 34-122(b), Public Nuisances Prohibited; Section 110-470, Fences, Walls, and Hedges, of the City of Cape Canaveral Code of Ordinances, and impose the fine of fine in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($75.00) per day thereafter retroactive beginning on January 21, gnin Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in non-compliance, and impose the fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter, retroactive from January 21, 2010. Vote on the motion carried unanimously PUBLIC HEARINGS: 1. Case No. 09-00121- — Violation of Section 94-6. Prohibited Sians and Features: Section 94-11, Maintenance. Notice to Repair, of the City of Cape Canaveral Code of Ordinances. (6099 N. Atlantic Ave.) — Charles W Pindziak, JWL 2 LLC. c/o Retail Site MGMT. LLC. Keith A. Bennett. R.A. Costa Del Sol Condo Assoc c/o Timothy Pickles, R.A. Code Enforcement Officer, Duree Alexander requested that this Case be withdrawn from the agenda. 2. Case No. 09-00179 —Violation of Section 105.1. Permit Required: and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31: and Section 110-12, Mechanical Execution of Work, of the City of Cape Canaveral Code of Ordinances. (191 Center Street) — MILS Realty. LLC. c/o Jim Morris, R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review- Officer Alexander testified that the violation is for the work without the required permit. Officer Alexander stated that an annual fire inspection revealed that rooms have been framed inside the warehouse area with ceilings that have blocked the fire sprinklers; and electrical work without permits. Code Enforcement Board Meeting Minutes February 18, 2010 Page 3 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; and Section 110-12, Mechanical Execution of Work, of the National Electric Code and be given until April 12, 2010 to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($75.00) per day thereafter retroactively beginning on February 18, 2010. Discussion followed. Motion by Mr. Viens, seconded by Mr. Mars, to accept staff's recommendation and find the respondent in violation and be given until April 12, 2010 to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day, seventy- five dollars ($75.00) per day thereafter retroactively beginning on February 18, 2010. Vote on the motion carried unanimously. 3. Case No. 09-00180 — 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. (166 Center Street) — Joseph L. & Sara Delucia, Trustees. Code Enforcement Officer, Duree Alexander requested that this Case be withdrawn from the agenda. 4. Case No. 09-00230 — 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. (171 Cape Shores Circle, Unit 3H) — Lawrence Lesuer & Maria Sokolowski. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. ADJOURNMENT: There being no further business the meeting adjourned at 7:25 P.M. Approved on this day of 12010. Mary Russell, Chairperson Joy Lombardi, Board Secretary AL City ofCape Canaveral Case No. 2009-00062 2/19/10 V. NOTICE OF HEARING Owner(s) of the property located at: 6850-6890 N Atlantic Avenue, Cape Canaveral Respondent(s): Yogi's Food & Discount Beverage, Inc. CIO Yogeshkumar S. Patel, R. A. The Tomato Grille, Inc. aka Tip -A -Few C/O Edward T inuori D n A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 18, 2010 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violations) occurring upon the property of the Respondent(s) as set forth in the Order Imposing Penalty On First 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 Resporident(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 TEsTJTVTONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ��TED this ivtt j ol`February 2010 -6 L, Puree Alexander Code Enforcement Officer 7510 TAT Arl.1 c Avenuem Port nfFiin- rx..._. �?r Q___ r --- s PT v N. ii16Telephone: (321)868-1222 - Fax: (321) 8681247 L J v- ✓Lv www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA REVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 6850-6890 N Atlantic Avenue Respondent(s): Yogi's Food & Discount Beverage, Inc. C/O Yogeshkumar S. Patel The Tomato Greile, Inc. aka Tip -A -Few C/O Edward Liquori, R.A. Case No. 2009-00062 Revised 2/5/2010 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within ten (10) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violations) r--r(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): 6850-6890 N Atlantic Avenue, Cape Canaveral, F! 32920 2. Name and address of owner(s) of property where violation(s_) exist: Yogeshkumar S. Patel Yogi's Food & Discount Beverage Inc. 6850 N. Atlantic Avenue Cape Canaveral, FL. 32920 The Tomato Grille, Inc. aka Tip -A -Few C/O Edward Liquori, R. A. 6890 N Atlantic Avenue Cape Canaveral, FI 32920 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwc�; mv{lnrirla rnm/raf�a . .,.1• „1n�A Page 2 09-00062 There have been several Annual Fire Inspections of The Tomato Grille, Inc. aka Tip -A -Few, which have indicated several code violations. A site inspection by staff revealed numerous electrical violations, which need to be corrected to avoid any potential life safety issues, to include the ceiling tiles in the kitchen and a portion of the bar area. 3. Description of Violation(s) at property: $FullSituationDesc 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. IPMC Section 604: Electrical Facilities: Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and section 605 IPMC Section 604.2: Service: The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA70. IPMC Section 604.3: Electrical System Hazards; Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage the code official shall require the defects to be corrected. IPMC 605.1: Electrical Equipment; Installation: All electrical equipment wiring and appliances shall be properly installed and maintained in a safe and approved manner. IPMC 303: Exterior Structure, 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 safety or welfare. Sec. 82-31: Florida Building Code (FLBC) adopted. The Florida Building Code 2007 edition, as may be amended from time to time, as published by the Florida Building Commission shall be knows gas the City or` Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. FLBC Section 2603-2603.4: General - Thermal Barrier, et seq. (in part), Except as provided for in Sections 2603.1 and 2603.9 foam plastic shall be separated from the interior of a building by an approved thermal barrier. RECOMMENDATION(S): 4. Recommendation to correct the violation(s) described above: The exterior entry roof over -hang has structural damage, which must be repaired. The gable roof at the North end appears to have lost its structural integrity and is leaning/sagging. This must be repaired. You roust hire a licensed electrician and have your unit properly wired to power the numerous electrical devices incorrectly interconnected, to include the electric panel being upgraded to meet the current code. Your address must be place on the front entrance as required by Section 82-371, Posting and specification of numbers. Replace the polyurethane foam plastic tiles currently being used as ceiling tiles. These products are highly combustible, and per the Florida Building Code shall be separated from the interior of the building by an approved thermal barrier. In their exposed location, these panels constitute an unsafe condition for the occupants of the building. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If ou )h, ave any questions regarding this Notice of Vinlafinn of the recommendations contained herein, do not hesitate to con &t th�below signel Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. AlfreeP GV^G1n pX r Code Enforcement Officer ��``'- THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, City of CapeCanaveral Case No. 2010-00001 3/08/10 NOTICE OF HEARING Owner(s) of the property located at: 404 Harrison Avenue, Cape Canaveral, F132920 Respondent(s): Phillip N. Blaba, Life Estate A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 18, 2010 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 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 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 V1 of the City of Cape C averal Code :,f Ordinances. You are entitled to testify and present evidence and witnesses in defense at the bearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced bearing. 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 A n rlc run r1v nv E n T nr, , Trr, T �. , a,� ATT : E �T: DLR OF , HE'DE EiyrvRCEtvinNTT BOARD TO THE CIRCUIT COURT A� PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DA this 8th �-day of March 2010 K�ree Alexander -------- Code "Code Enforcement Officer 7510- NSI At -k,,;, A--- * P— nWCe R,- _ 27f_ ---- r_'--- --, rT o -,,,-a., „ -~ ^-.....Telephone: (321) 868{1222 . tFax: (321) 868-1247 y uv- ✓w www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com City of Cape Canaveral Community Development Department )DE ENFORCEMENT BOARD ' OF CAPE CANAVERAL, FLORIDA NOTICE OF V lOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 404 HARRISON AV Respondent(s): Phillip N Blaha, Life Estate Case No. 2010-00001 01/07/2010 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): 404 HARRISON AV 2. Name and address of owner(s) of property where violation(s) exist: Phillip N Blaha, Life Estate 404 Harrison Avenue Unit #9. Cape Canaveral, FI 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.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com Page 2 10-00001 Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. In November of 2005, staff met with you and a Structural Engineer regarding the condition of the balconies. It was agreed at that time that you would provide staff with an annual inspection report of the Condition of the balconies That infor mations was „ever provided. H site inspection revealed the continued deterioration of the balconies. 3. Description of Violation(s) at property: Sec.34-98 Building appearance and maintenance Sec. 34-98. Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: (5) Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling and such shall be kept structurally sound in good repair. 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 anti the ov.^.ul^iant, operator, ten laant 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: (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and occupants, operators, tenants or anyone otherwise using the property in any form or manner shall provide: (3) Parking areas in good repair, free from erosion, properly marked and clear of litter and debris. 4. Recommendation to correct the violation(s) described above: Staff is requesting you contact a Florida Licensed Engineer and obtain a permit to repair the balconies. Please repair the parking lot and stripe. If you re -seal the existing parking lot you will not be required to obtain a permit. If you if demo the parking lot you will be required to obtain a permit and the approved final 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 anv questions regarding, this Notice f Ord ,n_.�_ \ I-_�_ _ r � = o in �ani=11 vuC Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer �e City of Cape Canaveral. (321-868=1222 L are lexander Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, City of Cape i; ra Case No. 2010-00022 3/08/10 NOTICE OF HEARING Owner(s) of the property located at: 5807 N Atlantic Avenue, Cape Canaveral, F132920 Respondent(s): Costa Del Sol Condo. Assoc. Ph V, VI, VII C/O Timothy Pickles, R. A. CIO Dennis Gibbs, President A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 18, 2010 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 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 of Violation attached as EXHIBIT "A" and snail 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 THA -TA T,A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE T�IMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATY'D this _ y of Marcl(20 Alexander Enforcement Officer 7C7Cl hT n_t___]_ n-.__--_ TvKrn,__ n -,� _ < r.v = - �rrir-r nnx 3 ire a vLL»r` "�n�3ra r3i, ::.. ,', �: �.i.�-:,�✓ifv' Telephone: (321) 868-1222 Fax: (321) 868-1247 www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE- CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, Owner(s) of the property located at: 5807 N Atlantic Avenue, Cape Canaveral, Fl 32920 Respondent(s): Costa Del Sol Condo. Assoc. Ph V, VI, VII C/O Timothy Pickles, R. A. Case No. 2010-00022 2/22/2010 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within ten (10) days. In the event that the violation(s) is/are not co, rPcrPd within the ,iM; nPr A —+ f �1,,� above :.r r. �. .. 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. I. Property where violation(s) exist(s): 5807 N Atlantic Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Costa Del Sol Condo. Assoc. Ph V, VI, VII C/O Timothy Pickles, R. A. 7 C 1 n 17 n _] _ _ _' _ h !1St 14, rc�iapM - nV------ v !'flCT ^ri:.re �^:� "`�:z _ _ __ Z 4:"! ��a�n n2.,Z - � ^ap: vaiia r%i ai, Telephone: (32I) 868-1222 e Fax: (321) 868-1247 www.myflorida.com/cape 4 email: ecapecanaveral@cfl.recom Page 2 10-00022 Staff researched our records a found a copy of the property survey signed by a licensed surveyor, showing the legal location of the ground sign. It is located on your property; therefore, you are responsible for the maintenance and appearance of the sign. repair. 3. Description of Violation(s) at property: Sec. 94-11. Maintenance, notice to (a) All signs shall be erected, placed and maintained in a state of good and safe repair. Damaged signs shall be removed, repaired, or replaces, If a sign is painted, in whole or in part, the sign shall be repainted whenever the paint is peeled, blistered, or faded. (b) All signs shall be constructed and maintained in accordance with the provisions and requirements of the City's Building Codes, Electrical Codes, and other applicable codes. (c) All copy area shall be maintained so as to be legible and complete. (e) Damaged faces or structural members shall be promptly removed, repaired or replaced. (f) Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at all times in a safe condition. RECOMMENDATION(S): 4. Recommendation to correct the violation(s) described above: Please repair the sign by replacing the missing faces and maintaining the structure as stated above. This may be accomplished by the placement of a `Bag Sign" over the open face area(s). The placement of the bag will only provide compliance for 180 days per Our revised Sign Code Ordinance, Section 94-7/6,(c): Temporary on -premises signs. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation of the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. `Duree Alexander / Code Enforcement Officer C: Dennis Gibbs, President Costa Del Sol Condo. V. Respondent(s): J. Patrick Anderson, R. A. Kevin A. Barfield Barfield Roofing, Inc. ERAL fn, City o Cape Ia Nial. Construction Contractor Citation 0039 2/23/10 NOTICE OF HEARING Location of the Violation: 6920 Ridgewood Avenue, Cape Canaveral A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 18, 2010 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the vlolati.^n(s) oec'urring upon the propel y of ie PicSpondcitt(S) aS Jet lvtill 111 the Construction Contractor 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 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 properly. 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 `v'ERBATIM RECORD OF TIS BOARD'S HEARING IS MADE, WHICH INCLUDES T14E TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 3r"ay of February 2010 D ru ee Alexander (_ode. Rnfrn4-HumntCl£fuP�_._ -- _ P_'_-,. - - - - = -------T- nm _ .ape . ._i<-.i1.-v-v✓`L- v'- Telephone: (321) 868-1222 oFax: (321) 868-1247 www.myflorida.com/cape m email: ccapecanaveral@cfl.rr.com CONSTRUCTION CONTRACTOR CITATION CITATION NO.: 0039, ISSUING AGENCY: CITY OF §82-375 et. seq. City of Cape Canaveral Code; and/or CAPE CANAVERAL7 §484.127, and/or §489.132(1), 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: Month: � Da : 1 rJ Year: Time:`> AM ❑ PM First Name: "' M.I.: Last Name: Street Address: Nj ri p e v`e �.. A S to Zip Code: Phone No.: D.O.B.: Race: Sex: In Height Did commit § 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). Facts constituting Reasonable and Probable Cause: Location of Violation: i O 7)1'h —D ) Penalty: $500.00 forh violation. Each da uch violation shalt continue shalt be deemed to constitute a separate infraction. Signature of Officer. - — Time of Issuance: r �� AM ❑ PM Print Name/Title of Officer. jC:y yQL7 Date of Issuance: 2- J / -7 Issued by- ❑ Certified 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 L__. _ ._.! _._.! _i__,. __tL _., i__ been Issued and elect ei He o: (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 Manaaer,.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 violators right to a hearing and such waiver shall be deemed an admission of the vinlation 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 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. Sta>' a ® tea. Signature of Violator:�f �/ Date_ & Original - To be Retained by the Cape Canaveral Code Enforcement Board E "A- Yellow � BIT A- Yellow Copy - To be Retained by Violator Pink Copy - To be Retained by City