HomeMy WebLinkAboutCEB AGENDA PKT ~ 07-22-10., ; of CFix, e'' Canaveral
' era
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
201 POLK AVENUE
JULY 22, 2010
7:00 P.M.
LOLQUIIOOI IVChI IVICCL111 vane: August 19, 2010
NEW BUSINESS:
1. Approval of Meeting Minutes: May 20, 2010
COMPLIANCE HEARINGS:
Case No. 08-00198 — Violation of Section 34-96(d), Standards Established; and
Section 110-335(1) Prohibited Uses and Structures, of the City of Cape Canaveral
Code of Ordinances; and Section 303.1, General; Section 303.4, Structural
Members, of the International Property Maintenance Code, as adopted by Section
82-221, of the City of Cape Canaveral Code of Ordinances, (200 W. Central Blvd.)
— Abulghasem & Ahmad Nasajpour Trustee.
2. 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. (In compliance)
3. Case No. 09-00179 — Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code 2007 edition, 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.
4. Case No. 10-00001 — Violation of Section 34-97(a)(b)(3), Duties and
Responsibilities for Maintenance; and Section 34-98(5), Building Appearance and
Maintenance, of the City of Cape Canaveral Code of Ordinances, (404 Harrison
Ave.) — Phillip N. Blaha, Life Estate.
5. Case No. 10-00005 - Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code 2007 edition, as adopted
by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7522
Magnolia Ave.) — Dean & Linda Spanos, Property Owners. (In compliance)
7510 N. Atlantic Avenue m Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
w-,vw.myfIorida_com/cape o email: ccapecanaveralOcfl.rr.com
Code Enforcement Board
Agenda
July 22, 2010
Page 2
6. 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.
PUBLIC HEARINGS:
Case No. 10-00029 - Violation of Section 110-551(g)(h)(i), Location of
Recreational Vehicles, Camping Equipment, Boats & Boat Trailers; Section 34-
96(b)(d), Standards Established; Section 34-98(4), Building Appearance and
Maintenance; and Section 34-153, Enumeration of Prohibited Noises, of the City
of Cape Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section
505.1, General, of the International Property Maintenance Code, as adopted by
Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8103
Magnolia Ave.) — Watson L. Witt II, Property Owners.
2. Case No. 10-00037 — Violation of Section 34-96(b)(d), Standards Established;
and Section 110-469, Visibility at Intersections, of the City of Cape Canaveral
Ordinances; and Section 602, Water Required; and Section 602.1, General, of
the Florida Building Code 2007 edition, as adopted by Section 82-31, of the City
of Cape Canaveral Code of Ordinances; Section 301.3, Vacant Structures and
Land; and Section 303.1, General, of the International Property Maintenance
Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances, (7521 Magnolia Ave.) — Michael V. Zucco, Property Owners.
3. Case No. 10-00047 — Violation of Section 110-555, Paving of Vehicular Use
Areas; Section 110-492, Location of Spaces; Section 110-339, Off Street Parking
and Access, of the City of Cape Canaveral Code of Ordinances; and NFPA 1,
Fire Lanes, of the Florida Fire Prevention Code, as adopted by Section 38-26, of
the City of Cape Canaveral Code of Ordinances, (9009 Astronaut Blvd.) —
Portview Inn & Suites, LLC dba Country Inn & Suites, c/o Dale L. Cox, 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
MAY 20, 2010
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral,
Florida was held on May 20, 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
James Hale
Ralph Lotspeich
Lynn Mars
MEMBERS ABSENT
Karen Hartley
Walter Godfrey
Raymond Viens
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Kate Latorre
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on June 17, 2010.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: April 22, 2010.
Motion by Mr. Hale, seconded by Mr. Mars, to approve the meeting minutes of April 22,
2010, as amended. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 20, 2010
Page 2
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 sea., 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 Liguori 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 the respondent has replaced the ceiling tiles and is in compliance with
Section 260.13-26-013.4, General — Ther mal Barrier, et seq., of the Florida Building Code
2007 edition. Officer Alexander further stated that Todd Morley, Building Official, met
with the electrical contractor to discuss the electrical violations and the scope of work
needed to bring the property into compliance and Beach Electric obtained a permit.
Officer Alexander respectfully requested that the Board find the respondent in
compliance with 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 in non-compliance 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 of Cape Canaveral Code of Ordinances and amend the order
to give the respondent 60 days (July 19, 2010) to come into compliance or impose the
fine as set forth in the Code Enforcement Board Order (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. Lotspeich, seconded by Mr. Hale, to accept staff's recommendation and
find the respondent in non-compliance and amend the order to give the respondent 60
days (July 19, 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.
2. Case No. 09-00211— Violation of Section 34-970(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 MachineryInc C/O John K
Butz. R.A. & Hot Lava Properties, Inc. C/O Douglass A Person R.A.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that the
violation is for the exterior condition of the property. Officer Alexander stated that the
respondent called and said that he was going to turn the property over to the bank and
would not maintain it.
Code Enforcement Board
Meeting Minutes
May 20, 2010
Page 3
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance with 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 and impose
the fine in the amount of two hundred dollars ($200.00) for the first day, seventy-five
dollars ($75.00) per day thereafter until found in compliance.
Motion by Mr. Hale, seconded by Mr. Lotspeich, to accept staff's recommendation and
find the respondent in non-compliance and impose the fine in the amount of two hundred
dollars ($200.00) for the first day, seventy-five dollars ($75.00) per day thereafter until
found in compliance. Vote on the motion carried unanimously.
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.
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 and inspections. Officer Alexander
stated that the previous property owner re -roofed on the weekend and then sold the
property without disclosing this information to the new property owner; however, it is the
responsibility of the property owner to obtain a permit for the work and have the roof
inspected. Officer Alexander explained that Mike Richart, Building Inspector, stated that
the roof had to have positive drainage and repair the leaks. Mr. Spanos met with the
building official to discuss the process for the building permit and stated that he would
take care of the issue.
Officer Alexander respectfully requested that the Board find the respondent in Violation
of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the
Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code
of Ordinances and be given additional time to come into compliance or impose a fine in
the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars per
day thereafter until found in compliance.
Discussion followed regarding the amount of time for compliance. Officer Alexander
stated that 60 days should be enough time.
Motion by Mr. Hale, seconded by Mr. Mars, to accept staff's recommendation and find
the respondent in violation and be given 60 days 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 until found in compliance. Vote on the motion carried
unanimously.
Code Enforcement Board
Meeting Minutes
May 20, 2010
Page 4
2. Case No. 10-00025 —Violation of Section 505, Water Svstem; 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 & Storage of Certain Vehicles of the City of Cape
Canaveral Code of Ordinances, (108 Tyler Ave.) — Maryann C Gattuso & Russell
Kaup, Property Owners.
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 no water and the condition of the property. Officer Alexander stated that
the tenant from the adjoining property (110 Tyler Ave.) called to complain about
excessive water bills and untagged vehicles on the property at 108 Tyler Ave. Following
a call to the City of Cocoa water department, it was found that there was no water at 108
Tyler Ave. Officer Alexander further stated that it appears the respondent was using
water routed from 110 Tyler Ave. The property owner of 110 T Vier Avenue hired a
plumber to stop the water supply to the adjoining property. Officer Alexander also stated
that there was a tarp held down with wood on the roof and was in need of repair. A
notice of violation was issued for untagged vehicles, overgrown lot, building
maintenance, and having no water.
Mr. Kaup, property owner, testified that he was not aware of the water issue but stated
that during a plumbing repair he turned off the water main and noticed that he still had
water from the sinks and stated that he also has had excessive water bills. Mr. Kaup
further stated that he would repair the window and cover the vehicles. Mr. Kaup stated
that there are higher laws and feels that his freedoms are being trampled on. Mr. Kaup
explained that he has been without water before and stated that he could survive in a
sanitary manor even without water.
Officer Alexander respectfully requested that the Board find the respondent in 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 & Storage of Certain Vehicles, of the City
of Cape Canaveral Code of Ordinances.
Discussion followed regarding the amount of time it would take for the respondent to
comply. Officer Alexander stated that 60 days should be enough time to comply or
impose a fine in the amount of one hundred and fifty dollars ($100.00) for the first day
and seventy-five dollars ($75.00) per day thereafter until found in compliance.
Motion by Mr. Hale, seconded by Mr. Lotspeich, to find the respondent in violation and
be given 60 days to come into compliance or impose a fine in the amount of one
hundred and fifty dollars ($100.00) for the first day and seventy-five dollars ($75.00) per
day thereafter until found in compliance.
During Discussion, the Board questioned if the amount of time was enough to complete
the roof repairs also. It was the consensus of the Board to amend the motion to give the
respondent 90 days to complete the roof repairs and 60 days for all other violations.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 20, 2010
Page 4
3. Citation No. 0080 —Violation of Section 82-375 Construction Contracting
Regulation Violation, of the City of Cape Canaveral Code of Ordinances (8767
Oleander Ct.) — Blue Falcon Certified Roofing Contracting Inc c/o Brandon C
Ferrell, 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
citation is for work without the required permit. Officer Alexander stated that, following a
citizen complaint, Mike Richart, Building Inspector/Code Enforcement Officer, issued a
citation to Brandon Ferrell, Blue Falcon Certified Roofing. Officer Alexander further
stated that the contractor has obtained a permit and the final approved inspection for the
work.
Brandon Ferrell, Blue Falcon Certified Roofing, testified that the job started out to be a
,epair and 1.11 ei i u icy discove ed ti tat a ie work exceeded 100 square feet. Mr. Ferrell
stated that there were two invoices for the job and this was not intentional. He further
stated that the violation has been corrected.
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 and impose the fine in the amount of five hundred dollars
($500.00).
Kate Latorre, City Attorney, explained that based on the testimony, if the Board
determines that the violation is invalid or has been corrected the Citation can be
revoked; however, if the Board determines that the violation exists, the Board can order
fine be imposed and can not be less that the five hundred dollars ($500.00). Discussion
followed. Discussion followed.
Motion by Mr. Hale, seconded by Mr. Mars, to revoke the citation. Vote on the motion
carried by majority, with Mary Russell voting against.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:50 P.M.
Approved on this day of 2010.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
CITY OF
CAPE CANAVERAL
FHE-eTfY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
Abulghasem & Ahmad Nasajpour
Trustee
x of
CASE No. 2009-001.98
7/13/1.0
NOTICE OF HEARING
Location of the Violation:
200 W. Central BIvd., Cape Canaveral, F132920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on July 22, 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 Order
Imposing Penalty on First Violation attached as EXHIBIT "A" and shall make a determination as
to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and
Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have
legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to
correct any violation(s). This penalty, if not paid, will become a lien on the Property and any
other personal or real property owned by the 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
EVID NCE UPON WHICH THE APPEAL IS TO BE BASED.
T D this 13th July 2010
Duree Alexander
Code Enforcement Officer
7510 N. Atlantic Avenue e Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 a Fax: (321) 868-1247
wwwmyflorida.corn/cape m email: ccapecanaveral@cfl.rr.com
City of
Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
v
Abulghasem & Ahmad Nasajpour
Owner of the Property located at:
200 W. Central Blvd.
Cape Canaveral, FL 32920
Case #08-00198
LEGAL: PART OF GL 3 AS DESC IN ORB 2222 PG 215, 2244 PG 1220, 2273 PG 317 PAR 787 & 788
Respondent,
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on July 23, 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 Section 34-96(d), Standards Established; Section 110-335(1),
Prohibited Uses and Structures, of the City of Cape Canaveral Code of Ordinances; and Section
303.1, General; Section 303.4, Structural Members, of the International Property Maintenance
Code, as adopted by Section 82-221, of the City 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
wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
r
Case #08-00198
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 34-96(d), Standards Established; Section 110-335(1), Prohibited
Uses and Structures, of the City of Cape Canaveral Code of Ordinances; and Section 303.1,
General; Section 303.4, Structural Members, of the International Property Maintenance Code,
as adopted by Section 82-221, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until September 21, 2009 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day
thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance;
3. 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;
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.
Case #08-00198
D ORDERED at Cape Canaveral, Florida, this 23rd day of July, 2009.
Copies furnished to:
C DE ENFORCEMENT BOARD OF HE
C TY OFAPE C NAVE L, FL DA
Walter Godfrey; Acting airpefson
d
Abulghasem & Ahmad Nasajpour, Respondent
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this �Wq day of -Sot,( 2009.
Joy L mbardi, Board Secretary
�d✓ I
Duree Alexander, Code Enforcement Officer
City
Canaveral Cape
i a v
CITY OF CAPE CANAVERAL
NOTICE OF COMPLIANCE
Yogis Food & Beverage Inc.
C/O Yogeshkumar S. Patel, R. A.
6850 N Atlantic Avenue
Cape Canaveral, Fl 32920
CASE #: 2009-00062
LOCATION OF VIOLATION: 6850-6890 N Atlantic Avenue, Cape Canaveral, Florida
32920
PROPERTY PARCEL #: 24 -37 -23 -CG -00073.0-0001.00
Respondent(s): Yogis Food & Beverage, Inc: C/O Yogeshkumar S Patel, R. A.
The above property was found in compliance on July 6, 2010, by obtaining the
required permit and approved final inspections for the electric violations located at the
Tomato Grille, Inc. aka Tip -A -Few.
Description of Violation(s) at property:
Sec. 82-221. International Property Maintenance Code adopted.
The International Property Maintenance Code, 1998 edition, as published by the
International Code Council, is hereby adopted by reference and incorporated herein as if
fully set out.
IPMC Section 604, Electrical Facilities
IPMC Section 604.3 Electrical System Hazards
IMPC 605.1 Electrical Equipment, Installation
IMPC 303, Exterior Structure, General
Thank you for your cooperation in this matter. If you have any questions, please do
not hesitate to contact our office at (321) 868-1222.
Zure
erely,
e Alexander
Code Enforcement Officer
a1 J
C: EC1W1 N- Arlantic Avenue e Post Office Box 326 • Cape Canaveral, FL 32920-0326
uor Telephone: (321) 868-1222 Fax: (321) 868-1247
'w-A-v.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com
Respondent(s):
MILS Realty LLC
C/O Jim Morris, R.A.
ERAL
n,
City
os,. i.E Canaveral
CASE No. 2009-00179
7/12/10
NOTICE OF HEARING
Location of the Violation:
191 Center Street, Cape Canaveral, Fl 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on July 22, 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 properly of the Respondent(s) as set forth in the Amended
Order Imposing Penalty On First Violation attached as EXHIBIT "A" and shall make a
determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida
Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have
legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to
correct any violation(s). This penalty, if not paid, will become a lien on the Property and any
other personal or real property owned by the 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.
aAF,D this 12 y July 2010
uree Alexander
Code Enforcement Officer
/7 10 N. Atlantic Avenue i Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 i Fax: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
CITY OF
CAPE CANAVERAL
Uity of
Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #09-00179
A Florida municipal corporation,
Complainant,
V.
MILS Realty, LLC c/o Jim Morris, R.A.
Owner of the Property located at:
191 Center Street
Cape Canaveral, FL 32920
LEGAL: LOMA LINDA, PLAT OF SURVEY FOR UNIVERSITY AS PER SURVEY BK 1 PGS 106,108 PARCEL L EXC ORB 4912 PG 764
Respondent,
AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
(AMENDED AS TO ADDITIONAL TIME)
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on February 18, 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 105.1, Permit Required; and Section 109.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31; and Section
110. 12, Mechanical Execution of Work, of the National Electrical Code exist or existed upon the
Property and Respondent was 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 Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
75 10 N. Atlantic Avenue a Post Office Box 326 a Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - Fax: (321) 868-1247
w,iw.myflorida.com/cape o email: ccapecanaveralC'cfi.rr.corr,
Case #09-00179
4. That based on the testimony and evidence presented, Respondents have
violated the City Code, to wit: Section 105.1, Permit Required; and Section 109.1, Inspections
General, of the Florida Building Code, as adopted by Section 82-31; and Section 110.12,
Mechanical Execution of Work, of the National Electrical 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 April 22, 2010.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until June 17, 2010 to correct any violation of the City Code
on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. 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 February 18 2010
3. 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;
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 I 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.
Case #09-00179
DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of April, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
7 .�
Mary Russell, Chairperson
U
Copies furnished to:
MILS Realty, LLC c/o Jim Morris, R.A.
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 �3 day of r f 2010.
Joy Lombardi, Board Secretary
AL
uree Alexander, C de Enforcement Officer
SOF CAPE CANAVERAL
Municipal Corporation,
V.
Respondent(s):
Phillip N. Blaha, Life Estate
City of Cape Canaveral
CASE No. 2010-00001
7/13/10
NOTICE OF HEARING
Location of the Violation:
404 Harrison Avenue, Cape Canaveral, F132920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on July 22, 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 Order
Imposing Penalty on First Violation. attached as EXHIBIT "A" and shall make a determination as
to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and
Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have
legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to
correct any violation(s). This penalty, if not paid, will become a lien on the Property and any
other personal or real property owned by the 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.
T D this 13t ��Ju2010
Duree Alexander
Code Enforcement Officer
75 10 N. Atlantic Avenue - Post Office Box 326 4 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
www.myflorida.com/cape . email: ccapecanaveral@cfl.rr.com
t Canaveral
DE ENFORCEMENT BOARD
F CAPE CANAVERAL, FLORIDA
1 rlr— 1.1 I T Vt- U/At—t_ U/HINHVCtZAL,
A Florida municipal corporation,
Complainant,
V.
Phillip N. Blaha, Life Estate
Owner of the Property located at:
404 Harrison Ave.
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA LOTS 12,13 BLK 34, PLAT BOOK 0003 PAGE 0007
Respondent,
Case #10-00001
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 March 18, 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 34-97(a)(b)(3), Duties and Responsibilities for
Maintenance; and Section 34-98(5), Building Appearance and Maintenance, 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 e Post Office Box 326 a Cape Canaveral_, FL 32920-0326
clephone: (321) 868-1222 e Fax. (321) 868-1247
www.myflorida.coinlcape < email: ccapecanaveraI@cf[.rr.com
Case #10-00001
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 34-97(a)(b)(3), Duties and Responsibilities for Maintenance; and
Section 34-98(5), Building Appearance and Maintenance, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such, constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until July 22, 2010 to correct any violation of the City Code
on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day
thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer. Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement
Officer shall promptly file a Notice of Compliance;
3. 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;
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.
Case #10-00001
DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of March, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Copies furnished to:
Phillip N. Blaha, Life Estate, Respondent
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this .;z2 day of rc� , 2010.
Joy Lombardi, Board Secretary
[puree Alexander, Code Enforcement Officer
June 30, 2010
Dean & Linda Spanos, H/W
275 Smith Road
Port Matilda, Pa 16870
CASE #: 2010-00005
a
TY OF CAPE CANAVERAL
OTICE OF COMPLIANCE
LOCATION OF VIOLATION:7522 Magnolia Avenue, Cape Canaveral, Florida 32920
PROPERTY PARCEL #: 24.37 -23 -CG -00044.0-0008.00
Respondent(s):Dean & Linda Spanos:
The above property was found in compliance on June 09, 2010, by obtaining the
required permit and approved final inspection for the new roof.
Description of Violation(s) at property:
Section 82-31, Florida Building Code Adopted
FLBC Section 105. 1, Permit Required
FLBC Section 109.1, Inspections General
Thank you for your cooperation in this matter. If you have any questions, please do
not hesitate to contact our office at (321) 868-1222.
Sinc r y,
Duree Alexander
Code Enforcement Officer
7510 N. Arlanric Avenue e Post Office Box 326 Q Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com
CITY OF
CAPr CAN VERA.E
City of Cape Canaveral
Community Development Department
THE CITY OF CAPE CANAVERAL CASE No. 2010-00025
A Florida Municipal Corporation, 7/12/10
Complainant,
V. NOTICE OF HEARING
Respondent(s):
Maryann C. Gattuso & Russell Kaup
Location of the Violation:
108 Tyler Avenue, Cape Canaveral, Fl 32920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on July 22, 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 Order
Imposing Penalty On. First Violation attached as EXHIBIT "A" and shall make a determination as
to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and
Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing.
Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have
legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to
correct any violation(s). This penalty, if not paid, will become a lien on the Property and any
other personal or real property owned by the 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.
DAD this 12 of July 2010
` 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/cgpe e-mail: ccapecanaveral@cfl.rr.com
uity of Cape Canaveral
' OF CAPE CANAVERAL, FLORIDA
kVERAL,
n nvi Duca 11 iui RAPCH wi PUI atlon,
Complainant,
w
Maryann C. Gattuso & Russell Kaup
Owner of the Property located at:
108 Tyler Ave.
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA W % OF LOT 11 BLK 36 PLAT BOOK 003 PG 007
Respondent,
Case #10-00025
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 May 20, 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 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 & Storage of Certain Vehicles, of the
City Code, exist or existed upon the Property and Respondent was further provided a
reasonable time to correct said violation;
7510 N. Atlantic Avenue 0 Post Office Box 326 0 Cape Canaveral, FL 3292Q-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
v✓wwmyflorida.com/cape m email: ccapecanaveral@cfl.rr.com
Case #10-00025
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 present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: 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 & Storage of Certain Vehicles, 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 60 days (July 19, 2010) to correct the 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 & Storage of Certain Vehicles, of the City Code; and
2. Respondent be given 90 days (August 18, 2010) to correct the roof violation;
Section 34-98, Building Appearance & Maintenance, 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 in the amount of one hundred dollars ($100.00) for the first
day and seventy-five dollars ($75.00) per day thereafter 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 #10-00025
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 20th day of May, 2010.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russel, Chairperson
Copies furnished to:
Maryann C. Gattuso & Russell Kaup, 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 -'2t day of A4a- , 2010.
Joy L bardi, Board Secretary
Duree Alexander, Code Enforcement icer
City of Cape Canaveral
Community Development Department
114L C11 Y Ur CAFE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
Watson L. Witt, II
CASE No. 2010-00067
7/12/10
NOTICE OF HEARING
Location of the Violation:
8103 Magnolia Avenue, Cape Canaveral
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on July 22, 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 Revised
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.
D4djD this 12!!j a ly 2010
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
v,,wwv.myflorida.com/cape e-mail: ccapecanaveral@cfl.rr.com
City ®f Cape Canaveral
Community Development Department
CODE ENFORCEMENT BOARD
Y OF CAPE CANAVERAL, FLORIDA
XVISED NOTICE OF VIOLATION"
AVERAL
ion,
v.
Owner(s) of the property located at:
8103 Magnolia Avenue, Cape Canaveral, Fl 32920
Respondent(s):
Watson L. Witt, III
Case No. 2010-00029
7/1/2010
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of
Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives
notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the
violation(s) described below is/are to be voluntarily performed within five (5) 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):
8103 Magnolia Avenue, Cape Canaveral, F132920
2. Name and address of owner(s) of property where violation(s) exist:
Watson L. Witt, III
8103 Magnolia Avenue, Cape Canaveral, F132920
7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 - Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247
www.cityofcapecanaveral.org - email: ccapecanaveral@cfl.rr.com
Page 2
10-00029
Staff sent you a Notice of Violation in April of 2010, requesting you clean up your
property. We have received additional complaints regarding you operating a generator all night
and that you are residing in the home without running water.
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 buildings nonetheless, both require
maintenance in order to retain a good appearance.
3. Description of Violation(s) at property: Sec. 110-551. Location of Recreational
Vehicles, Camping Equipment, Boats and Boat Trailers:
g. On a corner lot in any district, no boats, utility trailers, recreational vehicles or special
purpose vehicles shall be parked or placed in the triangular area bounded on two sides by the
street right-of-way lines, and on the third side by a straight line drawn between two points on the
street right-of-way line located 25 feet from the point of the intersection of the street right-of-way
lines.
h. No for -hire vehicle, commercially registered vehicle and no other manner of
conveyance not contemplated herein shall be parked in any R-1, R-2 or R-3 zone, nor shall any
boat, utility trailer, recreational vehicle or special purpose vehicle be parked in any R-1, R-2 or R-
3 zone other than as provided herein. This section shall not be construed to prohibit parking of
automobiles, pickup trucks and minivans.
i. Boats, utility trailers, recreational vehicles and special purpose vehicles, or any
combination thereof, parked in unison or in tandem in excess of 30 feet in length shall not be
allowed to be parked or stored in the R-1 and R-2 zoning classifications of the city, unless the
boat, utility trailer, recreational vehicle, special purpose vehicle or combination is located in a
rear yard, side yard or any setback abutting a street and is fenced or screened from view or is
located in a front yard and under covered parking which shall, as a minimum, consist of a carport.
Sec. 34-96. Standards Established:
(b) The owner of every single-family or multiple -family dwelling, 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. 34-98. 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.
Page 3
2010-00029
Sec. 34-153. Enumeration of prohibited noises:
It is unlawful for any person within the city to make, continue or cause to be made
or continued any loud, unnecessary or unusual noise which either annoys, disturbs or
endangers the comfort, repose, health, peace or safety of others, and the following acts,
among others, are declared to be loud, disturbing and unnecessary noises in violation of
this section, but the enumeration shall not be deemed to be exclusive:
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.
Section 302.1 Sanitation:
All exterior property and premises shall be maintained in a clean, safe and sanitary
condition. The occupant shall keep that part of the exterior property, which such occupant
occupies or controls in a clean and sanitary condition.
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.
RECOMMENDATION(S):
4. Recommendation to correct the violation(s) described above:
• Remove the RV from the front of the property.
• Treat the pool and maintain it on a regular basis or drain a portion and cover with an
appropriate type of pool cover. Currently the pool is green and all exterior property
areas must be maintained in a clean and sanitary condition.
• Remove the trash and debris from the property.
• Trim the dead vegetation from the property.
• Paint the exterior of the structure.
• You must maintain running water
• You may not operator the generator between the hours of I IPM and 7AM daily.
Failure to comply within five (5) 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.
0
ur�eee exander
Code Enforcement Officer
City of Cape Canaveral
Community Development Department
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
Michael V. Zucco
CASE No. 2010-00037
7/1/10
NOTICE OF HEARING
Location of the Violation:
7521 Magnolia Avenue, Cape Canaveral
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on July 22, 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
Tfl I, QARUS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
2010
D'`tree 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.ciryofcapecanaveral.org • email: ecapecanaveral@cfl.rr.com
N
City of Cape Canaveral
Community Development Department
CODE ENFORCEMENT BOARD
[TY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2010-00037
A Florida Municipal Corporation, 5/05/2010
Complainant,
V.
Owner(s) of the property located at:
7521 Magnolia Avenue, Cape Canaveral, F132920
Respondent(s):
Michael V. Zucco, P.O.
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.
I. Property where violations exist(s):
7521 Magnolia Avenue, Cape Canaveral, Florida 32920
2. Name and address of owner(s) of property where violation(s) exist:
Michael V. Zucco
144 S Halifax Avenue, Daytona Beach, F132118
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
Page 2
10-00037
Our office has received complaints regarding people residing in the structure
without water and electric utilities. We have also received complaints of people other
than tenants occupying the structure.
A site visit revealed several of the meters have been pulled by FPL.
It is a violation of the Florida Building Code and the International Property
Maintenance Code for tenants to be without water or power.
The property needs to be maintained, by trimming vegetation at the visibility
triangle, and the vegetation on the property. Keep the grass cut. Clean out and/or remove
the spa at the back of the structure, and secure spa if left on property. Remove any trash
and debris from the property. Secure the units.
3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code
adopted.
The Florida Building Code 2007 edition, as may be amended from time to time,
as published by the Florida Building Commission, shall be known as the City of Cape
Canaveral Building Code and is hereby adopted by reference and incorporate herein as if
fully set out.
FLBC- Plumbing Section 602, Water Required,
FLBC Section 602.1, General. Every structure equipped with plumbing fixtures
and utilized for human occupancy or habitation, shall be provided with a potable supply
of water in the amounts and at the pressures specified in this chapter.
Sec. 82-221, "International Property Maintenance Code Adopted"
Section 505; Water System
IPMC Section 301.3 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 and safety.
IPMC Section 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.
Sec. 34-96. Standards established.
(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.
Page 3
10-00037
(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. 110-469. Visibility at intersections.
On a corner lot in any zoning district, nothing, shall be erected or placed in the triangular
area bounded on two sides by the street right-of-way lines and on the third side by a straight line
drawn between two points on the street right-of-way line located 25 feet from the point of the
intersection of the street right-of-way lines ("site visibility triangle"), except traffic signs, utility
poles and infrastructure, sidewalks, and ground cover landscaping (e.g. grass, very small shrubs).
Ground cover landscaping shall not exceed one and one-half feet in height at and after planting.
As provided above, trees shall not be planted within the site visibility triangle. Any tree
existing within this triangular area, as of the effective date of this section, shall be allowed to
remain provided the same is trimmed and maintained such that no part of the tree canopy is lower
than ten feet in height, measured from the point located on the street right-of-way line nearest the
tree.
RECOMMENDATION(S):
4. Recommendation to correct the violation(s) described above:
• Secure the building.
• Obtain a permit to repair the roof. Several units have water damage.
• Repair all broken portions of the structure. i.e. windows; doors; interior
ceilings; bathroom fixtures; exit signs.
• Trim all vegetation, taking note of visibility issues.
• Tenants may not reside in the units without water or power.
• Remove all trash and debris from property.
• Fire extinguishers must be properly maintained and functional.
• Repair/Replace any other items not expressly stated that create an unsanitary
condition(s), which constitute a blighting or deteriorating influence on the
neighborhood.
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 a" questions regafding this Notiee 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.
Yll
Duree Alexander
Code Enforcement Officer
C: Victor Watson, Esquire
CMY OF
CAPE CANAVERAL
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
City o Cape
Canaveral
.as.
CASE No. 2010-00047
7/1/10
NOTICE OF HEARING
Respondent(s):
Portview Inn & Suites, LLC dba Country Inn & Suites
C/O Dale L. Cox, R. A.
Location of the Violation:
9009 Astronaut Blvd, Cape Canaveral2920
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board
on July 22, 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.
D D this 1" day of July 2010
ree AI r anticvenues ost ice ox 326 . Cape Canaveral, FL 32920-0326
Code Enforcement Officer (321) 868-1222 e Fax: (321) 868-1247
-A—myflorida.carn/cape , email: ccapecanaveral@cfl.rr.com
CityCapeof Canaveral
Community Development Department
CODE ENFORCEMENT BOARD
[TY OF CAPE CANAVERAL, FLORIDA
NOTICE OF REPEAT VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2010-00047
A Florida Municipal Corporation, 5/20/10
Complainant,
V.
Owner(s) of the property located at:
9009 Astronaut Blvd., Cape Canaveral, F132920
Respondent(s):
Portview Inn & Suites, LLC, dba Country Inn & Suites
C/O Dale L. Cox, 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 five (5) 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 WITH N THE TIME PERIOD
REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE
ENFORCEMENT OFFICER AND REQUEST AN INSPECTION.
I. Property where violation(s) exist(s):
9009 Astronaut Blvd., Cape Canaveral, Fl 32920
2. Name and address of owner(s) of property where violation(s) exist:
Portview Inn & Suites, LLC dba Country Inn & Suites
C/O Dale L. Cox, 2582 S. Maguire Road, #104, Cape Canaveral, F132920
Portview Inn & Suites, LLC
5629 Grand Avenue Suite 2, Duluth MN 55807
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1221 — Fax (321) 799-3170
wvw-w.myflorida.com/ca_pe e-mail: ccapecanaveral@cfl.rr.com
Page 2
10-00047
On May22, 2008, your property was found in violation as stated in the Order of First
Violation, for parking on the vacant lot in front of Country Inn & Suites. Staff has observed
continue use of the vacant parcel for parking/storing vehicles.
Per Florida Statute 162.23(2) you are considered a repeat violator and the City is not
required to provide time to comply; therefore, you are being cited as a repeat violator and being
issued an Order to Appear before the Code Enforcement Board in conjunction with this notice.
In addition: as far back as July 8, 2008, the City has been requesting that you cease
allowing parking on the access road to the hotel. You were cited by Notice of Violation on July
24, 2008. The presence of these vehicles creates an obstruction which limits the ease of access for
emergency vehicles to the building and is a violation.
3. Description of Violation(s) at property:
Sec. 110-555. Paving of vehicular use areas.
All commercial and industrial areas used for the display or parking of any and all
types of vehicles, boats or heavy construction equipment and all land upon which
vehicles traverse the property as a function of the primary use, including but not limited
to drives, parking, service and display areas, shall be paved.
Sec. 110-492. Location of spaces.
(d) Required off street parking areas for seven or more automobiles shall have
individual spaces marked and shall be so designed, maintained and regulated that no
parking or maneuvering shall be on any landscaped buffer, public street, walk or alley
and so that any automobile may be parked and un -parked without moving another,
allowing, however, a driveway of not more than 24 feet total on any street or alley for
ingress or egress to the off street parking area.
Sec. 110-339. Off street parking and access.
In the C-1 low density commercial district, off street parking and access to a
public or private street shall be provided in accordance with section 110-466.
Sec. 38-26. Florida Fire Prevention Code- Adopted.
The Florida Fire Prevention Code and the Life Safety Code adopted by the State
Fire Marshal, Florida Statute 633.025 (1), Minimum Fire Safety Standards, is adopted by
reference as through it were copied in this article in full.
Fire lanes shall be provided for all buildings that are set back more than 150ft.
(46m) from a public road or exceed 3Oft (9m) in height, and are not set back over 5Oft
(15m) from a public road.
NFPA 1 -Fire Lanes shall not be less than 20ft (6m) of unobstructed width, able to
withstand live loads of fire apparatus, and have a minimum of 13 ft 6in (4.1m) of vertical
clearance. An approved turnaround for fire apparatus shall be provided where an access
road is a dead end and is in excess of 150ft (46m) in length. The turn around shall have
minimum centerline radius of 50R (15m). The grade, surface, and location of the fire lane
shall be approved by the authority having jurisdiction.
Page 3
2010-00047
4. Recommendation(s) to correct the violation(s) described above:
Cease allowing the parking of vehicles on the undeveloped portion of your property and
the access road leading to the hotel.
*Note: Staff has been informed of the No Parking Signs posted on the access road.
Failure to comply within five (5) 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.
j� t 3
b e 1 x e
Code Enforcement Officer