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HomeMy WebLinkAboutCEB AGENDA PKT ~ 10-21-10naverao i. o Cape e C ,, AGENDA )DE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE OCTOBER 21, 2010 7:00 P.M. csiaolisn ivexi meeting uaze: november 18, 2010 NEW BUSINESS: Approval of Meeting Minutes: September 23, 2010 COMPLIANCE HEARINGS: Case No. 10-00029 - Violation of Section 34-96(b)(d), Standards Established; Section 34-98(4), Building Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises; Section 110-551(g)(h)(i), Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers, 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 11, Property Owner. 2. 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. PUBLIC HEARINGS: Case No. 09-00229 — 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, (200 International Dr. Unit 609) — Alden & Denise Pitard, Property Owners. 2. Case No. 10-00061 —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, (8921 Lake Dr. Unit B505) — Thomas & Sabine Swindal, Property Owners. 75101"'.x. Atlantic Avenue e Post Office Box 326 a Cape Canavmd, FL 32920-0326 Telephone: (321) 868-1222 - Fay:: (321) 868-1247 www myflorida.comkape - email: ceapecanaveial@cfl.rr.com Code Enforcement Board Agenda October 21, 2010 Page 2 3. Case No. 10-00068 — 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, (8401 N. Atlantic Ave. Unit E1) — James Souza, Property Owner. 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 SEPTEMBER 23, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on September 23, 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. Mary Russell Raymond Viens James Hale Walter Godfrey Ralph Lotspeich Lynn Mars MEMBERS ABSENT Karen Hartley 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 October 21, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 22, 2010. Motion by Mr. Hale, seconded by Mr. Viens, to approve the meeting minutes of July 22, 2010, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 23, 2010 Page 2 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 Nasaipour Trustee. - Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 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 a site visit revealed the respondent is not in compliance. Mr. Kaup, property owner, testified that the issues were not the concern of the Board or anyone else. Chairperson, Mary Russell, went through the list of violations with the respondent and asked if there was any progress. Mr. Kaup was not able to say that there had been progress on any of the items. Discussion was ended. Officer Alexander respectfully requested that the Board find the respondents in non- compliance of the Order Imposing Penalty on First Violation and impose the fines in the amount of one hundred dollars ($100.00) for the first day of non-compliance and seventy- five dollars ($75.00) per day thereafter, retroactive to May 20, 2010. Motion by Mr. Hale, seconded by Mr. Viens, to find the respondent in non-compliance and impose a fine in the amount of one hundred dollars ($100.00) for the first day and seventy- five dollars ($75.00) per day thereafter retroactively beginning on May 20, 2010 until found in compliance. 3. Case No. 10-00029 - Violation of Section 110-551(a)(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. Code Enforcement Board Meeting Minutes September 23, 2010 Page 3 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 condition of the property. Officer Alexander stated that a site visit revealed the property is not in compliance; however, the water has been restored to the property, the trim has been painted, the front yard has been mowed and trimmed, and the respondent is working to clean up the pool. Mr. Watson Witt 11, property owner, testified that he is trying to comply and working to clean up the property and requested additional time. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 34-96(b)(d), Standards Established; Section 34-98(4), Building Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises; Section 110-551(g)(h)(i), Location of Recreational Vehicles; 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 and amend the order to give the respondent until October 21, 2010 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 ($75.00) per day thereafter until found in compliance. Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in violation and be given until October 21, 2010 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 ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 4. 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 Buildinq 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 Owner. 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 condition of the property. Officer Alexander stated that the property was not in compliance and, following a partial roof collapse, the building was posted unsafe. The unsafe structure posting was removed when the roof repairs were complete. Officer Alexander read an e-mail sent from Michael Zucco listing the progress he has made with the building and he indicated in the e-mail that his intentions for future improvements were significant. Officer Alexander respectfully requested that the Board find the respondents in non- compliance of the Order Imposing Penalty on First Violation and impose the fines in the amount of one hundred fifty dollars ($150.00) for the first day of non-compliance and one hundred dollars ($100.00) per day thereafter until found in compliance. Code Enforcement Board Meeting Minutes September 23, 2010 Page 4 Officer Alexander respectfully requested that the Board find the respondent in non- compliance 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 and impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day, one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non-compliance and impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. all - Case No. 10-00067 —Violation of Section 504. 1, General; 604.3, Electrical Systems Hazards; Section 302.4, Weeds, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 38-26, Florida Fire Prevention Code, Adopted; and NFPA 10, Fire Extinguishers Shall be Certified Annually, (209-215 Pierce Ave.) — Pierce Condominium Association. Inc. c/o Pro Manage, LLC, R.A. & Raz Menahem, R.A. Code Enforcement Officer, Duree Alexander, requested that this Case be withdrawn from the agenda due to proper notification issues. 2. Citation No. 0041 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes Section 489.132(1), Prohibited Acts by Unlicensed Principals. (703 Solana Shores Dr. Unit 410) — Robert W. Kane. 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 contractor's license. Officer Alexander stated that a citation was issued to Robert W. Kane, following a written complaint. Officer Alexander further stated that the respondent requested a hearing before the Code Enforcement Board to appeal the citation. Robert Kane, Accent Shutters, Inc., testified that he has been in business for 30 years and due to the bad economy he was forced to move his business. Mr. Kane stated that his license was inactive. Mr. Kane further stated that each municipality is different with the permit requirements and he assumed that because the building was over 10 years old he did not have to comply with the code. Vivian Hannam, property owner, testified that she asked the contractor to pull a permit and stated that she paid Mr. Kane for the permit. Code Enforcement Board Meeting Minutes September 23, 2010 Page 5 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 Florida Statutes Section 489.132(1), Prohibited Acts by Unlicensed Principals and impose the fine in the amount of five hundred dollars ($500.00). Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation and impose the fine in the amount of five hundred dollars ($500.00). Vote on the motion carried unanimously. I_1enel11:��I�I There being no further business the meeting adjourned at 7:50 P.M. Approved on this day of 2010. Mary Russell, Chairperson Joy Lombardi, Board Secretary CItyCanaveral Community Development Department carr o� GA9E CANAV[,r{p, -- CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Watson L. Witt, H CASE No. 2010-00029 10/11/10 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 October 21, 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 Amended Order Imposing Penalty on First Violation (Amended as to additional time) 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 I Vh day of October, 2010 Duree Alexander Code Enforcement Officer 7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 NN,-v-v-w.mvflorida.co_ _/cape e :mail: c;tynfcapecanaveral.org Complainant, LTA \VERAL, )tion, Watson L. Witt II Owner of the Property located at: 8103 Magnolia Ave. Cape Canaveral, FL 32920 k--.ity of Cape Canaveral LEGAL: AVON BY THE SEA E Y2 OF LOT 15 & ALL LOT 16 BILK 9 PLAT BOOK 003 PG 007 Respondent, Case #10-00029 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 July 22, 2010 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 34-96(b)(d), Standards Established; Section 34-98(4), Building Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises; Section 110-551(g)(h)(i), Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers, of the. City Code; and Section 302.1, Sanitation; Section 505.1, General, 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; 7510 N. Atlantic Avenue - Post Office Bax 326 ® Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.myfloriaa.com/cape ® email: ccapecanaveral@cfl.rr.com Case #10-00029 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(b)(d), Standards Established; Section 34-98(4), Building Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises; Section 110-551(g)(h)(i), Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers, of the City Code; and Section 302.1, Sanitation; Section 505.1, General, 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. 6. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on September 23, 2010. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until October 21, 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. 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 #10-00029 DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of September, 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ary Rus 1 I, Chairperson Copies furnished to: Watson L. Witt II, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Amended Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this -2 q day of .���,,b- " , 2010. Joy 1-6wbardi, Board Secretary Duree Alexander, Code Enforcement Officer CRY OF C"'E CANAVE THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, CASE No. 2010-00047 10/11/10 Complainant, V. 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 Canaveral 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 21, 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. D ED this 11th day of October 2010 'puree Alexander Code JjhMNhJAVgjTiAyenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mXflorida.com/cape e-mail: cityofcapecanaveral.org CITY OF CAPECANAVERAL City of Cape Canaveral THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v Portview Inn & Suites, LLC dba Country Inn & Suites c/o Dale L. Cox, R.A. Owner of the Property located at: 9009 Astronaut Blvd. Cape Canaveral, FL 32920 LEGAL: PART OF S 112 OF S 112 OF N 114 LYING W OF ST RD #401 AS DES IN ORB 2704 PG 1181 Respondent, Case #10-00047 ORDER IMPOSING PENALTY FOR REPEAT VIOLATIONS 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 22, 2010 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the Property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Repeat 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 repeat violations 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 Code, exist or existed upon the Property, as originally set forth in the Order of the Code Enforcement Board dated May 2, 2008, . and Respondent was further provided a reasonable time to correct said violations; 7510 N. Atlantic Avenue ® Post Office Box 326 m Cape Canaveral, BL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaverai@cfLrr.com Case #10-00047 3. That Respondents either failed or refused to correct such violations within the reasonable time period provided in the Notice of Repeat 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 by allowing or refusing the correct repeat violations, to wit: 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 Code; 5. That said violations continue to exist or existed within the City of Cape Canaveral and that same constitute violations of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent is notified that said violations constitute repeat violations under sections 162.06 and 162.09, Florida Statutes; 2. Respondent shall be given until October 21, 2010 to correct the repeat violations of the City Code on the Property and to post "No Parking" signs on the Property. If Respondent fails to correct the repeat violations 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) per day 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; any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on July 22, 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 / 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 #10-00047 DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of July, 2010. Mary Russ I, Chairperson Copies furnished to: Portview Inn & Suites, LLC (d/b/a Country Inn & Suites), 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 �7 7 day of v tL/ , 2010. Joy,Lombardi, Board Secretary Duree Alexander, Code Enforcement Officer City Community Development Department CITY OF GAPE CAKAV[FLAL THE CITY OF CAPE CANAVERAL CASE No, 2009-00229 A Florida Municipal Corporation, 8/09/10 Complainant, V. NOTICE OF HEARING Respondent(s): Alden & Denise Pitard Location of the Violation: 200 International Drive, Unit 609, Cape Canaveral A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 21, 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. D4T*D this l lh day of October, 2010 r l } Duree Alexander Code Enforcement Officer 7510N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.comJeape e-mail: cityofcapecanaverai.org CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA crvoF care NOTICE OF VIOLATION cacvaveRa� THE CITY OF CAPE CANAVERAL Case No. 2009-0229 A Florida Municipal Corporation, Date: 5/3/2010 Complainant, V. Owner(s) of the property located at: 200 INTERNATIONAL DR UNIT 609 AS DESC IN OR 2605 PG 821, Parcel ID 24-37-22 0 0306.H Respondent(s): Alden & Denise Pitard 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): 200 International Dr. * 609 Parcel ID 24-37-22 0 0306.1-1 2. Name and address of owner(s) of property where violation(s) exist: Alden & Denise Pitard 970 South Orlando Ave. Cocoa Beach, FI. 32931 7510 N. Atlantic Avenue 6 Post Office Box 326 ® Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 a Fax: (321) 868-1247 -�m,w.myflorida.com/cape o email: ccapecanaveral@cfl.rr.com Case No 2010- 0032 A review of our records revieled that permit # 6427 to replace the Air Handler, has expired on 11/3/09 without receiving the required, approved final inspection. A courtesy call was made to your contractor on 10/22/09, with no responce. A courtesy notice was sent to you on 12/2/09 with no reply. A notice of violation was sent on 1/6/10 and was returned unclaimed. Discription of Violation(s) at property: Florida Building Code 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 9b. -z 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation to correct the violation(s) described above: You will need to contact your contractor to re -apply for the permit and receive the required, approved final inspection to be in compliance. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. (321-868-1222) Michael Richart Code Enforcement Officer City Community Development Department CITY OF CA�- CANAY'EkAC THE CITY OF CAPE CANAVERAL CASE No. 2010-00061 A Florida Municipal Corporation, 8/09/10 Complainant, V. NOTICE OF HEARING Respondent(s): Thomas & Sabine Swindal Location of the Violation: 8921 Lake Drive Unit B505, Cape Canaveral, F132920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board. on October 21, 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. DATED this 1 lh day of October, 2010 Duree Alexander Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 w Fax (321) 868-1247 www.myflorida.cor_nJcape e-mail_: cityofcapecanaveral.org u L N uity of Cape anaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Case No. 2010-061 Date: 8/9/10 Owner(s) of the property located at: 8921 LAKE DR UNIT B505 AS DESC IN ORB 4356 PG 1212 Parcel ID 24-37-14-0-057.B505 Respondent(s): Thomas & Sabine Swindal 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. Property where violation(s) exist(s): 8921 Lake Dr.Unit B505 Cape Canaveral, FI. 32920 2. Name and address of owner(s) of property where violation(s) exist: Thomas & Sabine Swindel 470 Greenview Rd. Merritt Island, FI. 32952 7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 ® Fax: (321) 868-1247 wwwmyflorida.com/cape ° email: ccapecanaveral@cfl.mcom Case No 2010- 061 It has been brought to the attention of this office, that a new A/C Condensing unit has been installed for your unit, without the required building permit. This constitutes work without a permit. Discription of Violation(s) at property: Florida Building Code 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation to correct the violation(s) described above: You will need to contact your contractor to apply for the permit and receive the required, approved final inspection to be in compliance. They must state that this is Code Case # 10-61 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 City of Cape Canaveral Community Development Department clT OF CAWS CAN VtRA.0 THE CITY OF CAPE CANAVERAL CASE No. 2010-00068 A Florida Municipal Corporation, 10/11/10 Complainant, V. NOTICE OF HEARING Respondent(s): James Souza Location of the Violation: 8401 N Atlantic Avenue, E-1, Cape Canaveral, F132920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October 21, 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 ED this 1 lh day of October, 2010 Duree Alexander Code Enforcement Officer 7510 N Atlantic Avenue —P.O. Box 326 —Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 rv­"nv myflnrida co /cape e-mail: c?tyofcapecanaveral.org ,L 3�lty of Cape Canaven4 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Case No. 2010-068 Date: 8/9/10 Owner(s) of the property located at: 8401 ATLANTIC AV N UNIT E-1 AS DESC IN ORB 2227 PG 2442, Parcel ID 24-37-14-0-535.7 Respondent(s): James Souza 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): 8401 Atlantic Ave. Unit E-1 2. Name and address of owner(s) of property where violation(s) exist: James Souza 97 Lincoln Ave. Swansea, Ma. 02777 7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, Fl, 32920-0326 Telephone: (321) 868-1222 a Fax: (321) 868-1247 Case No 2010- 0068 www.myfl_osida.comkape ® email: —pecar_averai@cfl.mcom It has been brought to the attention of this office, that new windows have been installed for your unit, without the required building permit. This constitutes work without a permit. You contacted us on 7/11110 and stated you were going to contact Lowes. As of this date we have not heard from them. Discription of Violation(s) at property: Florida Building Code 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 4. Recommendation to correct the violation(s) described above: You will need to contact your contractor to apply for the permit and receive the required, approved final inspection to be in compliance. They must state that this is Code Case * 10-68. 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) f,. Michael Richart Code Enforcement Officer