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HomeMy WebLinkAboutCEB AGENDA PKT 11-19-09City ofCape Canaveral Community Development Department AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE NOVEMBER 19, 2009 7:00 P.M. Establish Next Meeting Date: January 21, 2010 NEW BUSINESS: Approval of Meeting Minutes: October 22, 2009. COMPLIANCE HEARINGS: Case No. 06-00087 — Violation of Section 34-96(a)(b), Standards Established; Section 34-98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 106.1, Permit Required; and, Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (8303 Rosalind Ave.) Joseph Blanchard, Property Owners. 2. Case No. 08-00127 — Violation of Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304. 1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8740 Croton Ct.) - Chase Home Finance, LLC, C/O David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. 3. Case No. 08-00143 — Violation of Section 102, Tree Protection; and Section 102- 38, Enforcement and Penalties; Section 102-39(a), Permits, of the City of Cape Canaveral Code of Ordinances, (211/213 Jefferson Ave.) — Gerry Schmitz, Property Owner. PUBLIC HEARINGS: Case No. 09-00117 — Violation of Section 82-12, Unsafe Building or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment; Section 303.4, Structural Members; Section 303.6, Exterior Walls; 303.16, Doors; Section 304. 1, General; and Section 304.3, Interior Surfaces, .of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (290 Cape Shores Circle) — Banana River LP dba Banana River of Delaware LTD, c/o Helen M. Ward, R.A. 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 wwwciryofcapecanaveral.org ® email: ccapecanaveral@cfl.rr.com Enforcement Board ida ,mber 19, 2009 rage 2 2. Case No. 09-00162 — Violation of Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (242 Canaveral Beach Blvd.) - Eudora R. & Leander D. George, Property Owners. 3. Case No. 09-00073 — Violation of Section 34-98, Building Appearance & Maintenance; Section 34- i22, Public Nuisances Prohibited; and Section 34-126, Remedy by the City, of the City of Cape Canaveral Code of Ordinances, (217 Johnson Ave.) — Jerrod D. Shaw, Property Owner. 4. Case No. 09-00148 — Violation of Section 34-97, Duties and Responsibilities for Maintenance; and Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (6395 N. Atlantic Ave.) —Banana River LP, dba Banana River of Delaware, LTD; North Atlantic Properties, LLC; Helen M. Ward, R.A. 5. Case No. 09-000189 - Violation of Section 34-97, Duties and Responsibilities for Maintenance; Section 34-122(b), Public Nuisances Prohibited; Section 34-123, Notice to Remedy Nuisance; and Section 34-126, Remedy by the City, of the City of Cape Canaveral Code of Ordinances, (S210 FT of SW '4 of SW 1 W) — Franklin D, & Elizabeth Hardaway -Geiger, Trustee. 6. Case No. 09-00192 — Violation of Section 34-96, Standards Established; Section 34-98, Building Appearance and Maintenance; and Section 34-100, Sign Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (8580 N. Atlantic Ave.) — M & P of Brevard, Inc., C/O Julie A. Blowers, R.A. 7. Case No. 09-00205 — Violation of Section 78-55(a), Use of Public Sewer Required, of the City of Cape Canaveral Code of Ordinances, (8799 Astronaut Blvd.) —Zacharias & Adamantia L igerakis, Property Owners. 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 1 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 OCTOBER 22, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 22, 2009, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Walter Godfrey James Hale Ralph Lotspeich Imilmlimma Karen Hartley Lynn Mars OTHERS PRESENT Duree Alexander Michael Richart Joy Lombardi Bob Hoog Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Board Secretary Mayor Pro Tem Assistant City Attorney The Board members established that the next meeting would be held on November 19, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 23, 2009. Motion by Mr. Godfrey, seconded by Mr. Hale, to approve the meeting minutes of July 23, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 22, 2009 Page 2 COMPLIANCE HEARINGS: Case No. 06-00087 — Violation of Section 34-96(a)(b) Standards Established; Section 34-98(b), Building Appearance and Maintenance of the City of Cape Canaveral Code of Ordinances: and Section 105.1 Permit Required; and Section 109.1, Inspections General, of the Florida Buildinq Code as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances (8303 Rosalind Ave.) Joseph Blanchard, Property Owners. Code Enforcement Officer, Duree Alexander provided and overview of the Case history and presented exhibits for the Board's review. Officer Alexander explained that the respondent only had a few items to complete and stated that the permit will not expire until January 2, 2010. Officer Alexander respectfully requested that the Code Enforcement Board amend the Board Order to give the respondent until November 19, 2009 to come into compliance. Motion by Mr.Viens, seconded by Mr. Hale, to accept staff's recommendation and give the respondent until November 19, 2009 to come into compliance. Vote on the motion carried unanimously. 2. Case No. 07-00117 — Violation of Section 34-98(4)(8), Buildina Appearance & Maintenance: Section 34-96(d), Standards Established; Section 82-12 Unsafe Buildings or Systems: Section 82-56, Article III Unsafe Building Abatement Code Adopted, of the City of Cape Canaveral Code of Ordinances (104 Monroe Ave ) — Heath & Heath Systems, Inc. c/o Dawn M. Heath R.A. (Director). Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 3. Case No. 08-00127 — Violation of Section 34-96, Standards Established: Section 34-97. Duties and Responsibilities for Maintenance of the City of Cape Canaveral Code of Ordinances and Section 304.1 Interior Structure; Section 304.3, Interior Surfaces, of the International Property Maintenance Code as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances (8740 Croton Ct.) Robert B. Muckenfuss, Property Owner. Code Enforcement officer, Duree Alexander stated that the respondent was not properly noticed and requested the item be postponed until the next scheduled meeting. 4. Case No. 08-00143 — Violation of Section 102 Tree Protection: and Section 102- 38, Enforcement and Penalties: Section 102-39(a) Permits of the City of Cape, Canaveral Code of Ordinances. (211/213 Jefferson Ave.) — Gerry Schmitz Property Owner. Code Enforcement officer, Duree Alexander stated that the respondent was not properly nntir-,=H nnr„i ram iactarl thin item he nnctnnnerei Nontil the next cnherlyded rr1eetin•' Code Enforcement Board Meeting Minutes October 22, 2009 Page 3 5. Case No. 08-00147 — Violation of Section 34-98(6), Article III. Buildin Appearance & Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 303.7, Roofs & Drainage of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8744 Seagrape Ct.) David R. Benedilk Trustee. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 6. Case No. 09-00035 — Violation of Section 105.1 Permit Required; and Section 109. 1, Inspections General,. of the Florida Building Code as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances (300 Beach Park La ) — Villages of Seaport Condo. c/o Russell d. Klemm R.A. (Thomas Preston) Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: Citation No. 0038 —Violation of Section 82-375 Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances (226 Harbor Dr.) Victoria Tucker, Contractor. Code Enforcement Officer, Duree Alexander provided a brief overview of the Citation history for the Board's review. Officer Alexander testified that the Citation was issued to the contractor for the removal of a tree without a permit. Victoria Tucker testified that she was not aware that a permit was needed to remove a tree. She further stated that the tree was dying and that it was damaging the roof of the house and walkway. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, deny the appeal for the citations to be revoked, and impose the civil citation fine in the amount of five hundred dollars ($500.00). Officer Alexander further requested that the respondent be given thirty (30) days to pay the fine or impose all costs associated with the enforcement of the violation in addition to the five hundred dollar ($500.00) fine. Discussion followed. Motion by Mr. Vien, seconded by Mr. Lotspeich, to accept staff's recommendation and give the respondent 30 days to pay the citation or impose all costs associated with the enforcement of the violation in addition to the five hundred dollar ($500.00) fine. Vote on the motion carried unanimously. 2. Citation No. 0077 — Violation of Section 82-375 Construction Contractina Reaulation Violation of the City of Cape Canaveral Code of Ordinances (308 Surf Dr.) Brevard Air & Refrigeration. Inc. Contractor c/o Adam G Shaffer R.A. rude Enforcement nffr-er n, iiree Alexanrllar stated that tho rccnnnr4on+ Ywinc nM nr�norly I v v..arv� v� L — i I-V hrdlaei iy noticed and requested the item be postponed until the next scheduled meeting. Code Enforcement Board Meeting Minutes - October 22, 2009 Page 4 3. Case No. 09-00099— Violation of Section 70-68, Violation• Penalty; Section70- 69, Receipt Required; Section 70-71, Engaging in Business Without Paving Tax of the City of Cape Canaveral Code of Ordinances, (7017 Orange Ave.) — Timothy L. & Andrea P. King, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 4. Case No. 09-000166 - Violation of Section 105.1, Permit Required; and Section Tog. 1, Inspections General, of the Florida Building Code as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (200 International Dr. #108) — TBC Realty LTD, c/o Tommy Blair, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 5. Case No. 09-00185 — Violation of Section 34-97. Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances (431 Monroe Ave.) — Coral Bay Condominium Association, Inc., c/o Giuseppe Conoscenti R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. ADJOURNMENT: There being no further business the meeting adjourned at 7:27 P.M. Approved on this day of Joy Lombardi, Board Secretary 2009. Mary Russell, Chairperson V. Respondent(s) Joseph Blanchard _ _ Gty_of- Cape _Canaveral Community Development Department Owner(s) of the property located at: 8303 Rosalind Avenue, Cape Canaveral Code Case:2006-00087 Date: 11/02/2009 NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUANT to Section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) November 2, 2009, as described below, have/has not been corrected pursuant to the entry of a Order Imposing Penalty on First Violation by the Code Enforcement Board dated October 23, 2008; requiring the respondent(s) to correct such violation(s) by paying the fine as set forth in the Order Imposing Penalty on First Violation. The respondent was present at the duly noticed Hearing held by the Code Enforcement Board on October 23, 2008. The respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board on January 22, 2009. The respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board on October 22, 2009. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit Section 34-96(a)(b), Standards Established; Section 34-98(b), Building Appearance and maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, the City of Cape Canaveral Code of Ordinances, which exist(s) or existed upon the property and the respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on November 19, 2009, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 8303 Rosalind Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Joseph Blanchard 8303 Rosalind Avenue Cape Canaveral, FL 32920 3. Description of violation(s) at Property: /-'\ Building Appearance and Maintenance, inspection(s). 27 � ^uree nlcxa�,der Code Enforcement Officer Work out the required p&mit(s) and approved final 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 _ wcvwcitunfranPrana�rergl,rnrg-._�I::..a....,?.Ypcu::u.u.-a:n�;:r�c:..^, ni_-.. V City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL CITY OF CAPE CANAVERAL, FLORIDA HE CITY OF CAPE CANAVERAL, Case #06-00087 Florida municipal corporation, Complainant, LTA Joseph Blanchard Owner of the Property located at: 8303 Rosalind Avenue Cape Canaveral, FL 32920 LEGAL: CAPE CANAVERAL BEACH GDNS UNIT 1 PART OF LOT 3 BLOCK 1 AS DES IN ORB 2269 PG 322 PLAT BOOK 0016 PG 0131 Respondent, 2ND AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on October 23, 2008 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 34-96(a)(b), Standards Established; Section 34-98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code Of Ordinances; and Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 cc;apecznzverai� cn.rr.com Case #06-00087 3. That Respondents either failed or refused to correct such violation within the onable time period provided in the Notice of Violation; that the Respondents were provided ce of hearing before the Code Enforcement Board and was present at the hearing; 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 34-96(a)(b), Standards Established; Section 34-98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-221, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 22, 2009. 7. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on October 22, 2009 BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondents be given until November 19. 2009 to correct any violation of the City Code on the Property; and 2. If Respondents fail to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and 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 seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on October 23 2008 3. If Respondents fail to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary +io + +ham, Ries ,J. nuns\\ t force i� s O_r__ � aCiwi � against the � �covvnuci iii a i to ei �Iu� ter L111 il_ tl t rlf K-1 -UHL-C- Plny vitiation(-) on I Code, Chapter 2, Article VI. Case #06-00087 andCityof-Cape-- _ _ _ DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day ofOctober, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ II, Chairperson Copies furnished to: Joseph Blanchard, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this 24. day of oc ro �xi , 2009. Joh ombardi, Board Secretary Duree Alexande , Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, City of Cape Canaveral Community Development Case No. 2008-00127 Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 8740 Croton Ct. Cape Canaveral, FI. 32920 Respondent(s): Chase Home Finance, LLC C/O David B. Lowman, Manager Chase Home Finance, LLC C/O Kim D. Greaves, Manager Chase Home Finance, LLC C/O CT Corporation System Department A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Sta Code of Ordinances. tutes and Chapter 2, Article V!, of the City of Cape Canaveral 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. D ED this 30th ,: of October 2009 J nijrtm Al Ay::; 'r1;zr Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 «vvw.citvofcapecanaveral.org • email: cC.aiT-)ec anaver�lgcfl rrcnm City of Cape Canaveral Community Development Department )DE ENFORCEMENT BOARD 'OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2008-00127 A Florida Municipal Corporation, 10/20/2009 Complainant, V. Owner(s) of the property located at: 8740 Croton Ct. Cape Canaveral, Fl. 32920 Respondent(s): Chase Home Finance, LLC C/O Kim D Greaves, Manger Chase Home Finance, LLC C/O CT Corporation System Chase Home Finance, LLC C/O David B. Lowman, Manger 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 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) VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQhas/have been corrected. IF THE REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER INSPECTION. AND REQUEST AN 1. Property where violation(s) exist(s): 8740 Croton Ct. Cape Canaveral, FI. 32920 2. Name and address of owner(s) of property where violation(s) exist: Chase Home Finance, LLC 3415 Vision Drive Dept. G-7 Columbus, Ohio 43219-6009 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.citvofcapecanaveral.org • email: ccapecanavera_1@efl.rr ca Page 2 08-00127 Numerous complaints from the surrounding property owners generated a site inspection. The property appeared to be vacant and in extremely poor condition. Portions of the ceilings had collapsed and the property smelled of mold. The large window on the bottom floor had been broken and the windows on the second floor were left wide open during a severe storm that hit Central Florida and lingered for several days. It appeared that the inside of the structure received extensive water damage. The property was posted as "Restricted Use" by Todd Morley, Building Official on August 28, 2008. 3. Description of Violation(s) at property: Sec. 82-221, "International PropertyMaintenance Code Adopted" 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 Sec. 302.1 Vacant Structures and Land: All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. IPMC Sec. 304.1 Interior Structure, General: The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure, which such occupant occupies or controls in a clean and sanitary condition. IPMC Sec. 304.2 Structural Members: All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. IPMC Sect 304.3 Interior Surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. City of Cape Canaveral Code of Ordinances: Sec. 34-96. Standards established. (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings; nonetheless both require maintenance in order to retain a good appearance. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, and debris. 'A r, Page 3 08-00127 4. Recommendation to correct the violation(s) described above: No one should occupy the unit until the following issues have been resolved. Allow the Building Official to inspect the property to determine minimum building code requirements. Corrective action taken based on the outcome of the inspection and minimum building code requirements. 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 Ordinance/Code Violation or the rec mendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at City of Cape C naveral. (321-868-1222) D ree Alexander Code Enforcement Officer Ci of Cane Canaveral Community Development Department CITY OF CAPE CANAVERAL THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s) G Schmitz Owner(s) of the property located at: 211, 213 Jefferson Avenue, Cape Canaveral Code Case:2008-00143 Date: 10/21/2009 NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUANT to Section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) August 20, 2009 and September 2, 2009, as described below, havelhas not been corrected pursuant to the entry of a Order Imposing Penalty on First Violation by the Code Enforcement Board dated January 22, 2009; requiring the respondent(s) to correct such violation(s) by paying the fine as set forth in the Order Imposing Penalty on First Violation. The respondent was present at the duly noticed Hearing held by the Code Enforcement Board on January 22, 2009. The respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board on July 23, 2009. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Chapter 102, Tree Protection; Section 102-39(a), Permits; Section 102-38, Enforcement and Penalites, of the City of Cape Canaveral Code of Ordinances, which exist(s) or existed upon the property and the respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on November 19, 2009, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 211, 213 Jefferson Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): G Schmitz P.O. Box 622 Cape Canaveral, FI 32920 3. Description of violation(s) at Property: Chapter 102, Vegetation t1 Duree Alexander Code En forcemen`t ufrcer 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 _camaii. ccapccanfavendOt iitirnconi 1. :4. H •� City of Cape Canaveral CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD 8 CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #08-00143 A Florida municipal corporation, Complainant, V Gerry Schmitz Owner of the Property located at: 211/213 Jefferson Ave. Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 4 & THE W'% OF 5 PLAT BOOK 0003 PG 0007 Respondent, AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION IAMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on January 22, 2009 to determine whether any violations Of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Chapter 102, Tree Protection; Section 102-38, Enforcement and Penalties; Section 102-39(a), Permits, of the City Code; exists or existed upon the Property; 3. That Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 SUNCOM: 982-1220 • FAX: (321) 868-1248 ...,florlda.com/cape • e-mail: ccap a.,-ra1ncA Case #08-00143 4. That based on the testimony and evidence presented, Respondent has violated Fr the City Code, to wit: Chapter 102, Tree Protection; Section 102-38, Enforcement and Penalties; Section 102-39(a), Permits, of the City Code; 5. That said violations exist within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on July 23, 2009. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine will be entered in the amount of two hundred and fifty dollars ($250.00) per Section 102-38(b)(1), and the respondent shall be given until August 20. 2009 to comply and to meet the tree replacement remediation requirements per Section 102-49(b). 2. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondents property, in accordance with Section 162.09, Florida Statutes, and City o CCape Canaveral Code, Chapter 2, Article V1. DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of July, 2009. E ENFORCEMENT BOARD OF THE ,OF CAPE �,ANAVE L. FLtdRIDA . Walter Godfrey, 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 2z� day of s�� , 2009. r Joy L6mbardi, Board Secretary Duree Alexander, Code Enforcement Officer e Canaveral Community Development Department THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 242 CANAVERAL BEACH BLVD Respondent(s): Eudora R. & Leander D. George, H/W 2009-00162 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 29th day of October 2009 Michael Richart Code Enforcement Officer . 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 _. _. __ _... _... w�zuz,r'Jtiirt�iv2rlal1anA11arL�_rtr_a • e...w>l.-.;.,.z.F. rn A- __ __. _.. _. _. -... Canaveral Community Development Department CITY OF CODE ENFORCEMENT BOARD CAPE CANAVERAL CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION p THE CITY OF CAPE CANAVERAL Case No. 2009-00162 A Florida Municipal Corporation, 9/02/2009 Complainant, Owner(s) of the property located at: 242 CANAVERAL BEACH BLVD Respondent(s): Eudora R. & Leander D. George, 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 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): 242 CANAVERAL BEACH BLVD 2. Name and address of owner(s) of property where violation(s) exist: Eudora R. & Leander D. George, H/W 119-12 189th St., St. Albans, NY 11412 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 vv w vc'[Li�y vrGaY� Ganavu at�vi`� � cutau. �,t.aYc�altztYct Ht�: �,tt.1L W111 _ A complaint has been received about the condition of the window at the front of your property at 248 Cherie Down Ln. Cape Canaveral, FI. 32920. ( see pic.) 3. Description of Violation(s) at property: 34-122 (a) PUBLIC NUISANCES PROHIBITED Sec 82-221. (IPMC) International Property Maintenance Code adopted Section 303 Exterior Structure. 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 303.2 Protective Treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistance woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. 4. Recommendation to correct the violation(s) described above: You will need to repair the window. Also, thanks for mowing the grass. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. (321-868-1222) Michael Richart Code Enforcement Officer 1, k4iVvY Uomplainant, City of Cape Canaveral Community Development Department RAL I V. NOTICE OF HEARING Location of Violation: 290 Cape Shores Circle, Cape Canaveral, Fl. Respondent(s): Banana river LP dba Banana River of Deleware LTD. C/O Helen M. Ward, R.A. Case No 2009-00117 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, fl. 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) of Sec 82-12. Unsafe Building or Systems and Sec 82-221 International Property Maintenance Code Adopted, Sec 303 Exterior Structure, of the City of Cape Canaveral Code of Ordinances 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) and penalties may be assessed up to $2.50 per day for each first Violation. 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 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 BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 3rd ovember, 2009 Michael Richart Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 _ __. __. __ _.. czgz✓?u r�nrrt ca Racanaiieta� cmc •..._...,.3.:.-cca nave alncfL r.Toru THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, Owner(s) of the property located at: 290 CAPE SHORES CIR City_of Cape_ Canaveral Community Development Department DE ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA VOTICE OF VIOLATION Respondent(s): Banana River of Delaware, LTD C/O North Atlantic Avenue Properties, LLC C/OHelen M Ward R.A. Case No. 2009-00117 6/17/2009 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Ca"' ,e Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice ;:r 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): 290 CAPE SHORES CIR 2. Name and address of owner(s) of property where violation(s) exist: Helen M Ward R.A. 200 International Dr. # 206, 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 ^.a.%ana'v`%iAi.v1- e._ciTinT--CcaYcGditdvcl`ai0C,ti.rY.CUm c. y .car A site visit to 290 Cape Shoes Cir. revealed that the building is still unsafe and another Unsafe Structure Notice was placed on the building. 3. Description of Violation(s) at property: Sec 82-12; Unsafe Building or Systems Sec. 82-12. Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or other provisions of the City of Cape Canaveral Codes. Sec. 82-221. International Property Maintenance Code adopted Section 303 Exterior Structure. 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 303.2 Protective Treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistance woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. 303.4 Structural members. All structural members shall. be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 303.6 Exterior Walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 303.16 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Section 304 Interior Structure 304.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 304.3 Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defer_%L',v surface conditions shall be corrected. 4. Recommendation to correct the violation(s) described above: You will need to obtain the proper permits to repair the building or to remove the building. Failure to comply within fifteen (15 days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. (321-868-1222) Michael Richart Code Enforcement Officer CC: John K Porter THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, City o Cape Canaveral Community Development Department Case No. 2009-00148 V. NOTICE OF HEARING Owner(s) of the property located at: 6395 ATLANTIC AV N Respondent(s): Banana River LP, dba Banana River of Delaware, LTD North Atlantic Properties, LLC Helen M Ward R.A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. oras soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. _ Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AaAf ED this 2nd d f November 2009 Duree Alexa der Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 vv vJ'vva.l Lyvll.a�JL.aua'v �i ai. vlg - "CttYdu: Cl.d"�eC,al'laVeTd1L: CII.II.COIIl THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 6395 ATLANTIC AV N City of Cape Canaveral Community Development Department DE ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA ;EVISED NOTICE OF VIOLATION Respondent(s): Banana River LP, dba Banana River of Delaware, LTD. North Atlantic Avenue Properties, LLC C/O Helen M Ward R.A. Case No. 2009-00148 09/30/09 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): 6395 ATLANTIC AV N 2. Name and address of owner(s) of property where violation(s) exist: Banana River LP dba Banana River of Delaware, LTD Helen M. Ward, R. A. Helen M Ward R.A. 200 International Dr. # 206, 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 ...... .. _... ..__. ...... ...... .......x v",6tzr,,fcan_avera- rrr s...`rm_a t. Page 2 09-00148 There have been several complaints regarding the condition of your property. A permit has been submitted, but not processed due to additional information; therefore this notice is being issued. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. 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: (4) Buildings and appurtenances, including signs, 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. tiles. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. 4. Recommendation to correct the violation(s) described above: The property is in need of maintenance. Please obtain a permit to repair/replace the roof and the rear portion of the building, which is being temporally shored to support the over hang section of the roof. Repair the soffit and facia. Please repair the parking lot and stripe as needed. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at tt^ City of Cape Canaveral. (321-868-1222) Duree Alexander Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, City of Cape Canaveral Community Development Department Case No. 2009-00073 Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 217 JOHNSON AV Respondent(s): Jarrod D Shaw A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 30thay of October 2009 buree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 wwwrciiyvi�cYc�aiidv'eiai.org- - email: ccapecanavetat@cYl.rr.com THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 217 JOHNSON AV Respondent(s): Jarrod D Shaw City of Cape Canaveral Community Development Department )DE ENFORCEMENT BOARD ' OF CAPE CANAVERAL, FLORIDA REVISED NOTICE OF VIOLATION Case No. 2009-00073 10/06/2009 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, Canaveral Code of Ordinances, the undersigned Code Enforcof the City of Cape ement 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 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): 217 JOHNSON AV 2. Name and address of owner(s) of property where violation(s) exist: Jarrod D Shaw 217 Johnson Avenue, Cape Canaveral, FL 32920 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (3 21) 868-1206 • Fax & Inspection: (321) 868-1247 _- --------------------- - ---- -- ------ --------------- - Page 2 09-00073 Our office received a complaint regarding the condition of your property. A site visit revealed holes and cracks on your portion of the roof. The property is in need of maintenance; the window sills are cracking and exposing ribar; the garage door is in need of painting; and the yard is extremely overgrown. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. 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: (4) Buildings and appurtenances, including signs, 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. tiles. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or Sec. 34-122. Public nuisances prohibited. (a) All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height. Sec. 34-126. Remedy by the city. (a) Upon failure, neglect or refusal of any owner or agent notified as provided in this article to cut, destroy or remove weeds, grass, trash, rubbish or other matters as required under the notice provided in section 34-123, within ten days upon receipt of the notice, the city may, in addition to other penalties provided for in this Code, pay for the cutting, destroying or removing of such material or effect the removal by the city. (b) After causing the condition to be remedied, the building official shall certify to the city treasurer the expense incurred in remedying the condition and shall include a copy of the notice whereupon such expense shall become payable within 30 days. After the 30 days, a special assessment lien in charge will be made against the property, which shall be payable with interest at the rate of eight percent per annum from the date of such certification until paid. (c) Such liens shall be enforceable in the same manner as a tax lien in flavor of the city and may be satisfied at any time of payment thereof, including accrued interest. Upon such payment, the clerk of the circuit court shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof and notify the tax collector of such satisfaction. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the public records of the county. 4. Recommendation to correct the violation(s) described above: Please repair the holes and cracks in the roof; repair the window sills; paint garage door and mow the property. Please maintain the property by mowing on a regular basis. 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 Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at t e City of Cape Canaveral. (321-868-1222) ea Duree Alexander l C'nrie Pnfvr-- i gee �t Officer City ®f Cape Canaveral ---------- --- ---- - ----- --- Community THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, - ---------------------- Development Department Case No. 2009-00189 V. NOTICE OF HEARING Owner(s) of the property located at: S210 FT of SW 1/4 of SW 1/4 W Respondent(s): Franklin D & Elizabeth Hardaway -Geiger Trustee A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DAZE 30th d �fOqctober 2009 uree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 xnuc3 tits fra_nPranacexal �.co_ • _ r_u.l...cc­aoar In A City of Cape_ Canaveral Community Development Department DE ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00189 A Florida Municipal Corporation, 9/15/2009 Complainant, V. Owner(s) of the property located at: S210 FT of SW 1/4 of SW 1/4 W Parcel I D(s): 24-37-14-00-00520.0000.00 24-37-14-00-00548.0-0000.00 Respondent(s): Franklin D & Elizabeth Hardaway -Geiger Trustee PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within ten (10) 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): S210 FT of SW 1/4 of SW 1/4 W Parcel(s) 24-37-14-00-00520.0-0000.00 24-37-14-00-00548.0-0000.00 2. Name and address of owner(s) of property where violation(s) exist: Franklin D & Elizabeth Hardaway -Geiger Trustee P.O. Box 320325, Cocoa Beach, FL 32932 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 .... ...... ...... ....... ........ ...,dna �L..�G�G&�.�'a.�2`vr�.3l.���. c...af1.....�...n�,�n ta'v'�aa.l�t;1�i.if.Cviit ..... ... ...... ..... _. ..._. .. Page 2 09-00189 A complaint has been filed with out office and a site visit revealed your vacant parcels located on N. Atlantic Avenue are extremely overgrown and are growing over the adjoining property fence. The adjoining property continually has to trim back the overgrowth. 3. Description of Violation(s) at property: 34-122 (b) Public Nusiances Prohibited (b) All unimproved property in the city shall be maintained in a manner such that weeds and rank vegetation shall not exceed 12 inches in height Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, stumps, roots, obnoxious growths, accumulations of trash, refuse, debris. (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. Note: Sec. 34-123. Notice to remedy nuisance. et. seq. (a) If the code enforcement officer finds and determines that a public nuisance as described and declared in section 34-122 exists, he/she shall notify the owner of record of the offending property in writing and demand that such owner cause the condition to be remedied. Sec. 34-126. Remedy by the city. et. seq. (a) Upon failure, neglect or refusal of any owner or agent notified as provided in this article to cut, destroy or remove weeds, grass, trash, rubbish or other matters as required under the notice provided in section 34-123, within ten days upon receipt of the notice, the city may, in addition to other penalties provided for in this Code, pay for the cutting, destroying or removing of such material or effect the removal by the city. 4. Recommendation to correct the violation(s) described above: fence. Have the property mowed and remove all vegetation within one (1) foot of the adjoining properties 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 Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. (321-868-1222) t ,7 Duree Alexander Code Enforcement Officer City of Cape_ Canaveral Community Development Department Case No. 2009-00192 Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 8580 ATLANTIC AV N Respondent(s): M & P of Brevard Inc. c/o Julie A. Blowers, R. A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid will --come a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. %D&ED this 4njd day o'f�November 2009 Duree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.ci y Ldpc-caidveiai org-= errraii: ccapecanaverai�cii.rr_com - City of Cape Canaveral- Community anaveralCommunity Development Department )E ENFORCEMENT BOARD JF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00192 A Florida Municipal Corporation, 9/21/2009 Complainant, V. Owner(s) of the property located at: 8580 ATLANTIC AV N Respondent(s): Julie A. Blowers, R. A. 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. Property where violation(s) exist(s): 8580 ATLANTIC AV N 2. Name and address of owner(s) of property where violation(s) exist: Julie A. Blowers, R. A. 234 Via Havarre, Merritt Island, FI 32953 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 3uilding & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 wwv . iiyo �dPccanaveraz.org • email: ccapecamveralgcfl.rncom Page 2 09-00192 A site visit revealed your building is in need of maintenance. All wall signage has faded and ground sign supports are rusted and in need of maintenance. 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: 4) Buildings and appurtenances, including signs, 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. Sec. 34-96. Standards established. (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require retain a good appearance. considerably more periodic attention than do buildings, nonetheless both require maintenance in order to b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. Sec. 34-100. Sign appearance and maintenance. (a) All signs exposed to public view permitted by chapter 94 pertaining to signs shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair. 4. Recommendation to correct the violation(s) described above: The building and stairways need to be painted. The stairway is missing railings and the existing railings appear to need repair. Your wall signage is faded and needs to be removed or repainted to be maintained in a good state of repair. Your ground sign support poles are rusted and in need of painting. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer Zreate City of Cape Canaveral. (321-868-1222) e Alexaner Code Enforcement Officer THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, City of Cape Canaveral Community Development Case No. 2009-00205 Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: 8799 ASTRONAUT BLVD Department Respondent(s): Zacharias & Adamantia Ligerakis A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on November 19, 2009 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A' and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 2nd day ---of November 2009 14 )C�; – - - , Duree Alexander —` ----q_ Code Enforcement Officer - 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 wwwr%iryv --ral.urg = crrma ccapecanaverai-cn.rr.com City of Cape Canaveral Community Development Department 1E ENFORCEMENT BOARD )F CAPE CANAVERAL, FLORIDA TICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00205 A Florida Municipal Corporation, 10/12/2009 Complainant, V. Owner(s) of the property located at: 8799 ASTRONAUT BLVD Respondent(s): Zacharias & Adamantia Ligerakis 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 Respondents) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 8799 ASTRONAUT BLVD 2. Name and address of owner(s) of property where violation(s) exist: Zacharias & Adamantia Ligerakis 531 Sunset Lakes Dr., Merritt Island, Fl. 32953 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 3uilding & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www:criyoYcapecanavera�.org email: ccapecanaveral@cfl.rr.com Page 2 09-00205 Our office has received a complaint regarding the amount of grease that is being dumped into the sanitary sewer line on West Central Blvd. from Zachary's Family Restaurant to lift Station #7. The city has recently cleaned this line on 9/03/09, and 10/12/09, for a total of 1,500 feet, with grease being observed the entire length of the sewer both times. You were previously cited for this problem and agreed to have your grease trap cleaned out on a regular basis. Our research has revealed that the grease trap was serviced on 1/02/09 and 8/10109 of this year. This is not a sufficient number of times to insure that the grease will not leak into the sanitary sewer line. 3. Description of Violation(s) at property: SEC 78-55, Use of public Sewer Required (a) It shall be unlawful for any person to place, depositor permit to be deposited in any unsanitary manner, on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. 4. Recommendation to correct the violation(s) described above: You must cease and desist the allowance of grease into the sanitary sewer line. You must have your grease trap cleaned on a regular basis or replace the trap with a larger capacity grease trap. Please have your trap serviced immediately. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. (321-868-1222) en tt B City Manager Duree Alexander Code Enforcement Officer