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HomeMy WebLinkAboutCEB AGENDA PKT ~ 05-20-10City Cape s r C4 ni3 Wit. AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE MAY 20, 2010 7:00 P.M. Establish Next Meeting Date: June 17, 2010 NEW BUSINESS: Approval of Meeting Minutes: April 22, 2010 COMPLIANCE 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, 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 Food & Discount 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. 09-00211— Violation of Section 34-97(a)(1), Duties and Responsibilities for Maintenance; Section 34-99, Landscape Appearance and Maintenance; and Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, (414 Adams Ave.) — Surfside Machinery, Inc., C/O John K. Butz, R.A. & Hot Lava Properties, Inc., C/O Douglass A. Person, R.A. PUBLIC HEARINGS: Case No. 10-00005 - 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, (7522 Magnolia Ave.) — Dean & Linda Spanos, Property Owners. 2. Case No. 10-00025 — Violation of Section 505, Water System; 505. 1, General; Section 505.3, Supply, of the International Property Maintenance Code, as adopted by Section 82-221; and Section 34-98, Building Appearance & Maintenance; Section 34-181, Storing, Parking or Leaving on Private Property; Section 110-554, Parking & Stroage of Certain Vehicles, of the City of Cape Canaveral Code of Ordinances, (108 Tyler Ave.) — Maryann C. Gattuso & Russell Kaup, Property Owners. 7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, PL 32920-0326 Telephone: (321) 868-1222 ® Fax: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com Code Enforcement Board Agenda May 20, 2010 Page 2 3. Citation No. 0080 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (8767 Oleander CQ — Blue Falcon Certified Roofing Contracting, Inc., c/o Brandon C. Ferrell, 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 APRIL 22, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 22, 2010, in the Cape Canaveral Public Library Meeting Room at 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 MEMBERS ABSENT James Hale Lynn Mars Walter Godfrey OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Todd Morley John Cunningham Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney Building Official Assistant Fire Chief The Board members established that the next meeting would be held on May 20, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: March 18, 2010. Motion by Ms. Hartley, seconded by Mr. Viens, to approve the meeting minutes of March 18, 2010, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 22, 2010 Page 2 COMPLIANCE HEARINGS: Case No. 09-00179 — Violation of Section 105.1, Permit Required; and Section 10.9.1, 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 work without the required permit. Officer Alexander stated that the respondent has hired an electrician and obtained two permits for some of the electrical work and has obtained a permit for the fire sprinkler system. Officer Alexander further stated that there are still some outstanding items to be addressed but the respondent is working to resolve the issues. Officer Alexander respectfully requested that the Board find the respondent in non- compliance 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 and amend the order to give the respondent until June 17, 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. Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in non-compliance and amend the order to give the respondent until June 17, 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. 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, 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 Food & Discount Beverage. Inc.. c/o Yogeshkumar S. Patel. R.A.. & The Tomato Grille. Inc. aka Tip -A -Few. c/o Edward Liquori 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 maintenance of the property and unsafe conditions. Officer Alexander stated that an annual fire inspection revealed numerous electrical and structural violations. Officer Alexander stated that the respondent has obtained two electrical permits; however there are still outstanding electrical issues due to the fact that there are extension cords and relocatable power taps being used in an unsafe manner. Code Enforcement Board Meeting Minutes April 22, 2010 Page 3 Additionally, there are insulation panels that are generally polyurethane or polyisocyanurate foam plastic products that are highly combustible and, per the Florida Building Code (FBC) Section 2603.4, shall be separated from the interior of a building by an approved thermal barrier. Officer Alexander further explained that the respondent has replaced some of the ceiling tiles in the bar area but has not remove them from the kitchen area. John Cunningham, Assistant Fire Chief/Fire Marshal, testified that the Florida Building Code and the Florida Fire Prevention Code both address the polyurethane tiles in the kitchen area. He stated that they tried to contact the business owner to address this situation as soon as possible but he was not very receptive to communicate with them to resolve the issue. Mr. Cunningham explained that the tiles can not be exposed to any heat or flame and they are located in the kitchen area which contains deep fat fryers. Mr. Cunningham stated that over time they would deteriorate and with the possibility of a flash fire in the grease pan area would cause exposure to the tiles adding to the problem. Mr. Cunningham further stated that this is a life safety issue and that he will be sending the respondent a letter requiring him to fix the problem within 10 days or he will shut down the business. Mr. Viens asked how many of the issues have been resolved. Officer Alexander stated that he has resolved about 50 to 60 percent. Discussion followed. Officer Alexander respectfully requested that the Board find the respondent in Violation of Section 604, Electrical Facilities; Section 604.2, Service; Section 604.3, Electrical System Hazards; Section 605.1, Electrical Equipment, Installation, 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 and be given 10 days from the date the board order is received to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) per day until found in compliance. Discussion followed regarding the amount of time it would take for the respondent to comply. Officer Alexander stated that the electrical issues could be resolved by removing the extension cords and power strips. Further discussion followed regarding the life safety issues verses the electrical issues. It was the consensus of the Board to separate the two violations and the amount of time given to comply. Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in violation and be given 10 days from the date the Board Order is received to correct the violation of 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 Code; and be given 30 days from the date the Board Order is received to correct the violations of Section 604, Electrical Facilities; Section 604.2, Service; Section 604.3, Electrical System Hazards; Section 605.1, Electrical Equipment, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code, or impose a fine in the amount of two hundred and fifty dollars ($250.00) per day until found in full compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 22, 2010 Page 4 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, c/o Walter J. Shaffer. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance ADJOURNMENT: There being no further business the meeting adjourned at 8:27 P.M. Approved on this day of 2010. Mary Russell, Chairperson Joy Lombardi, Board Secretary t CityCapeof Canaveral Community Development Department OF CAPE CANAVERAL Code Case: 2009-00062 ��=YaF ��� ida Municipal Corporation, 5/10/10 c ?7 t plainant, V. Respondent(s): Yogi's Food & Beverage, Inc. C/O Yogeshkumar S. Patel The Tomato Grille, Inc. C/O Edward Liquori, R. A. Owner(s) of the property located at: 6850-6890 N. Atlantic Avenue, Cape Canaveral, FI 32920 NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUANT to Section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) April 29, 2010 & May 10, 2010, as described below, has not been corrected pursuant to the entry of a Order Imposing Penalty on First Violation by the Code Enforcement Board dated April 22, 2010; requiring the respondent(s) to correct such violation(s) by May 20, 2010 by obtaining an electrical permit and the approved final inspection. The respondent was not present at the duly noticed Hearing held by the Code Enforcement Board on April 22, 2010. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 604, Electrical Facilities; Section 604.2, Service; Section 604.3, Electrical System Hazards, Section 605.1, Electrical Equipment, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, which exist or existed upon the Property and Respondent, was further provided a reasonable time to correct said violation(s). The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on May 20, 2010, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 6850-6890 N Atlantic Avenue, Cape Canaveral, FI 32920 2. Name and address of owner(s) of Property where violation(s) exist(s): Yogi's Food & Beverage, Inc. C/O Yogeshkumar S. Patel 6850 N Atlantic Avenue, Cape Canaveral, Fl 32920 The Tomato Grille, Inc. C/O Edward Liquori, R. A. 6890 N Atlantic Avenue, Cape Canaveral, FI 32920 3. Description of violation(s) at Property: Electrical Violation as stated in the Notice of Violation and Order Imposing Penalty on First ation. f uree Alexander Code �f8rFr9Z�th(1c'c�venue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 (Telephone (321) 868-1221 — Fax (321) 799-3170 www.myflorida.com/cUe e-mail: ccapecanaveralgcfl.rr.com uity of Cape Canaveral cern of CAPE CANAVERAL CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Yogi's Food & Beverage, Inc.' c/o Yogeshkumar S. Patel Owner of the Property located at: 6850 N. Atlantic Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 1-3,10-12 BLK 73 PLAT BOOK 003 PG 007 Respondent, Case #09-00062 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 April 22, 2010 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 Section 604, Electrical Facilities; Section 604.2, Service; Section 604.3, Electrical System Hazards; Section 605.1, Electrical Equipment, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code; 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 Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7310 N. Atlantic Avenue @ Post Office Box 326 8 Cape Canaveral, FL 32920-0326 -Telephone: (321) 868-1222 e Fax: (321) 868-1247 w-ww.myflorida.com/cape Q email: ccapecanaveral@cfl.rr.com Case #09-00062 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 604, Electrical Facilities; Section 604.2, Service; Section 604.3, Electrical System Hazards; Section 605.1, Electrical Equipment, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code; 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 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 10 days from the date this Order is received to correct the violation of 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 Code; and 2. Respondent be given 30 days from the date this Order is received to correct the violations of Section 604, Electrical Facilities; Section 604.2, Service; Section 604.3, Electrical System Hazards; Section 605.1, Electrical Equipment, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code; and 3. 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 violations on the Property. Upon a finding by the Code Enforcement Board that Respondent has failed to correct the violations within the time periods set forth herein, a fine of Two Hundred and Fifty Dollars ($250.00) per day shall be immediately imposed, and shall be retroactive to the first day the violations continued to exist following the compliance timeframes established herein. Said fine shall continue to accrue each day until the violations are corrected and until 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; 4. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 5. 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. Case #09-00062 6. 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 April, 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 3 i1-77 Mary Rusll, Chairperson Copies furnished to: Yogi's Food & Beverage, Inc. c/o Yogeshkumar S. Patel, 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 ;Z�3 day of IAPr-Z ( , 2010. Joy 60mbardi, Board Secretary Duree Alexander, Code Enforcement Officer CityCapeof Canaveral Community Development Department CITY OT CAFE CArtAl u., E CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Code Case: 2009-00211 Complainant, 5/7/10 V. Respondent(s): Surfside Machinery, Inc Hot Lava Properties, Inc. Owner(s) of the property located at: 414 Adams Avenue, Cape Canaveral, FI 32920 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) January 8, 2010; February 5, 2010; April 14, 2010 as described below, has not been corrected pursuant to the entry of a Order Imposing Penalty on First Violation by the Code Enforcement Board dated December 17, 2009; requiring the respondent(s) to correct such violation(s) duties and responsibilities for maintaining the property to present a neat and orderly appearance as stated in the Notice of Violation. The respondent was not present at the duly noticed Hearing held by the Code Enforcement Board on December 17, 2009. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 34-97 (a) (1), Duties and Responsibilities for Maintenance; Section 34-99, Landscape Appearance and Maintenance; and Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, which exist or existed upon the Property and Respondent, was further provided a reasonable time to correct said violation(s). The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on February 18, 2010, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 414 Adams Avenue, Cape Canaveral, FI 32920 2. Name and address of owner(s) of Property where violation(s) exist(s): Surfside machinery, Inc. C/O John K. Butz, R. A. Hot Lava Properties, Inc, C/O Douglas A. Person, R.A. 3. Description of violation(s) at Property: Property Maintenance uree Alexander Code Enforcement Officer 7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 — Fax (321) 799-3170 ww-w.myflorida.comlcape e-mail: ccapecanaveral@cfl.rr.com 11 �� f City ®f Cape Canaveral Community Development Department .CITY OF CODE ENFORCEMENT BOARD CAPE CANAVERAL CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #09-00211 A Florida municipal corporation, Complainant, V. Surfside Machinery, Inc., c/o John K. Butz Hot Lava Properties, Inc., c/o Douglas A. Person, R.A. Owner of the Property located at: 414 Adams Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEE LOT 12 BLK 4 Plat Book 3 Page 7 Respondents, 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 December 17, 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 Respondents were 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; r; 2. That a violation of Section 34-97(a)(1), Duties and Responsibilities for Maintenance; Section 34-99, Landscape Appearance and Maintenance; and Section 34-122(x), Public Nuisances Prohibited, of the City Code exist or existed upon the Property and Respondents were further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondents were provided notice of hearing before the Code Enforcement Board and were not present at the hearing; 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 Case #09-00211 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 34-97(a)(1), Duties and Responsibilities for Maintenance; Section 34-99, Landscape Appearance and Maintenance; and. Section 34-122(a), Public Nuisances Prohibited, 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. Respondents be given until January 8, 2010 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 Respondents 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 two hundred dollars ($200.00) for the first day and seventy-five dollars ($75.00) per day thereafter, including all costs authorized by law related to the violation, 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; 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 Respondents; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of December, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 5 _ Mary Russell, Chairperson THE CITY OF CAPE CANAVERAL A Florida .Municipal Corporation City of Cape Canaveral Community Development Department Case No. 2010-00005 5/10/2010 Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 7522 MAGNOLIA AV Respondent(s): Dean & Linda Spanos, H/W A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 20, 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 VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation (s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ZEDthis 10th day of Ma 2010 Duree Alexander " Code Enforcement Officer 7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 — Fax (321) 799-3170 ww-w.myflorida.com/cape e-mail: ccapecanaveral@cfl.rr.com W, Fie City of Cape Canaveral CODE ENFORCEMENT BOARD' cg�Y CITY OF CAPE CANAVERAL, FLORIDA avENOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2010-00005 A Florida Municipal Corporation, 3/10/10 Complainant, V. Owner(s) of the property located at: 7522 Magnolia Avenue, Cape Canaveral, FI 32920 Respondent(s): Dean & Linda Spanos H/W PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(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 VIOLATIONS) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. Property where violation(s) exist(s): 7522 Magnolia Avenue, Cape Canaveral, FI 32920 2. Name and address of owner(s) of property where violation(s) exist: Dean & Linda Spanos, H/W 275 Smith Road Port Matilda, PA 16870 7510N Atlantic Avenue— P.O. Box 326 —Cape Canaveral, FL 32920 Telephone (321) 868-1221 — Fax (321) 799-3170 ww-w.myflorida.com/cape e-mail: ccapecanaveral@cfl.rr.com Page 2 10-00005 A Notice of Violation was sent to CGL Family, Inc. C/O Guiseppe & Louise Conoscenti on January 12, 2010, for roof work done without the required permit and approved final inspection. The roof work was done without a permit on 6/9/09, and the property owner at that time was Cited by Code Enforcement and required to obtain a permit. A permit was applied for on 6/18/09 and failed to pass an inspection, with the permit expiring on 12/9/09. The property owner was contacted and staff has had numerous conversations with Mr. Conoscenti regarding this issue. Research of Brevard County Records revealed that you are now the owner of this property. Therefore, you must obtain a licensed contractor and, obtain the required permits and approved final inspection to be in compliance. 3. Description of Violation(s) at property: 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 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 a Florida State Licensed Roofing Contractor to obtain the required permit and approved final inspection for the roof work done without the required permit to be in compliance. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code En )rcement Officer at the City of Cape Canaveral. (321-868-1222). (321) 868-1247 4 Xa -- e x n err Code Enforcement Officer CityCapeof Canaveral Community Development Department CITY OF GAPE CAMAVCRAG THE CITY OF CAPE CANAVERAL Case No. 2010-00025 A Florida Municipal Corporation, 5/10/10 Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 108 Tyler Avenue, Cape Canaveral, Fl 32920 Respondent(s): Maryann C. Gattuso & Russell Kaup, P.O. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 20, 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 VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DA),ED this 10th day of May 2010 Duree Alexander Code Enforcement Officer 7510 N Atlantic Avenue P.O. Box 326 N Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 — Fax (321) 799-3170 www.myflorida.com/eVe e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD [TY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION NAVERAL n i iviiva ivluiuc;ipar %,vipviation, Complainant, 0 Owner(s) of the property located at: 108 Tyler Avenue, Cape Canaveral Respondent(s): Maryann C. Gattuso & Russell Kaup Case No. 2010-00025 3/25/10 PURSUANT to Section 1.62.06, 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): 108 Tyler Avenue, Cape Canaveral, Fl 2. Name and address of owner(s) of property where violation(s) exist: Maryann C. Gattuso & Russell Kaup 108 Tyler Avenue, Cape Canaveral, F1 Cape Canaveral, F132920 7510 N. Atlantic Avenue ® Post Office Box 326 . Cape Canaveral, Fl, 32920-0326 Telephone: (321) 868-1222 ® Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Page 2 10-00025 Our office received a compliant regarding the condition of your property, the number of untagged vehicles and that your water has been disconnected. You are in violation of the following City of Cape Canaveral Code of Ordinances: 3. Description of Violation(s) at property: 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 505; Water System; IPMC Section 505.1 General; Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the plumbing code. IPMC Section 505.3, Supply; The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. Sec. 34-98, Building appearance and maintenance; The following criteria, unless specifically limited, shall apply to all improvements within the city: (4) Buildings and appurtenances should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. Sec. 34-181, Storing, parking or leaving on private property; (a) No person shall park, store, leave or permit the storing or leaving of any abandoned property or inoperable motor vehicle of any kind, whether attended or not, upon any private property within the city. Sec. 110-554, Parking and storage of certain vehicles. (a) Automotive vehicles or trailers of any kind or type without current license plates shall not be stored on any residentially -zoned property, other than in complPfA]Ar enclosed buildings. Page 3 10-00025 4. Recommendation(s) to correct the violation(s) described above: • Obtain a permit to repair your roof, specifically the portion that is covered with plastic. • Repair the damaged portions of the structure, i.e. carport soffit and front windows. • Remove the trash and debris in the yard. • Mow the property. • Remove the vehicles without current license plates. (Section 110-554) • You must have the water re -connect to your unit. Note: Staff contacted the City of Cocoa and was informed that your water has been disconnected since the end of 2008. It is a violation of City Code to reside in a unit without water. 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 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. 1 i uree Alexander Code Enforcement Officer �saks;;n' VV City of Cape Canaveral Community Development Department C'T OF CAPE CANAY[RAE CITY OF CAPE CANAVERAL Construction Contractor Citation 0080 A Florida Municipal Corporation, 5110110 Complainant, V. NOTICE OF HEARING Respondent(s): Blue Falcon Certified Roofing Contracting, Inc. CIO Brandon C. Ferrell, R.A. Location of the Violation: 8767 Oleander Court, Cape Canaveral, F132920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May20, 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 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 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. A D this 10 of May 2 0 `Duree Alexander Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 — Fax (321) 799-3170 www.myflorida.com/cape e-mail: ccapecanaveral@cfl.rr.com `% -- � " CONSTRUCTION CONTRACTOR CITATION CITATION NO.: U1 8U ISSUING AGENCY: CITY OF §82-375 et. seq. City of Cape Canaveral Code; and/or CAPE CANAVERAL §489.127, and/or §489.132 1), Florida Statutes. The undersigned certified that, upon personal investigation, he/she has reasonable and probable grounds to b " d d C e leve, an oes believe, that on: Day of the Week >, ti Month: Da Year.,,vr tr Time: AM ❑ PM First Name: ,.j M•I•: 71, Last Name: _ Street Address: _ City. State. Zip Code Phone No.: D.O.B.: WA- 'r'1 _ j Race: Sex: I Height: Or�M11L u_ 9 rsz-.i/h 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 ConstmrHnn rmm—n;acl Facts constituting Reasonable and Probable Cause Location of Violation: rr, -7 i Penalty: $500.00 for each violation. Each day such violation shall continue shall be deemed to constitute a separate infraction. Signature of Officer:Time of Issuance: AM CJ PM Print Name/Title of Officer -i J- `��-- Date of Issuance: lee" --•-�� ��. '--u rm(r, Kerurn Receipt requested - ❑ _Hand Delivery to Violator ❑ Hand Delivery to Family Member at Residence (15 yrs. or older) Spec* 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 shalt 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. i ne 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. Stat. Signature of Violator: " Date t Original - To be Retained by the Cape Canaveral Code Enforcement Board EXHIBIT "A!' Yellow Copy - To be Retained by Violator Pink Copy - To be Retained by City