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HomeMy WebLinkAboutCEB AGENDA PKT ~ 02-17-11VUll LV VI U111 Roll Call �,-,ity of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE FEBRUARY 17, 2011 7:00 P.M. Establish Next Meeting Date: March 17, 2011 NEW BUSINESS: Approval of Meeting Minutes: January 20, 2011 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 III, Property Owner. PUBLIC HEARINGS: Case No. 10-00138 - Violation of Section 34-96(d), Standards Established; and Section 34-122(a)(b), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, (Vacant Parcels — ID#24-37-14-28-00000.0-OOOA.26 & 24-37- 14-28-00000.0-OOA.25) — A-1 Financial Services, Inc., c/o Michelle Milo, R.A. OLD BUSINESS: 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 - Plumbing 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.) — Lenny Cassanelli, Property Owner (Formerly Michael ZUCCo). (Application for Satisfaction or Release of Code Enforcement Lien.) 7510 N. Atlantic Avenue © Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 ® Fax: (321) 868-1247 www.myflorida.com/cape a email: ccapecanaveral@cfl.rr.com Code Enforcement Board Agenda February 17, 2011 Page 2 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 JANUARY 20, 2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 20, 2011, 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 Walter Godfrey James Hale Karen Hartley Ralph Lotspeich Lynn Mars OTHERS PRESENT Duree Alexander Joy Lombardi Kimberly Kopp Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on February 17, 2011. Assistant City Attorney Kopp swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: November 18, 2010. Motion by Mr. Viens, seconded by Mr. Godfrey, to approve the meeting minutes of November 18, 2010, as amended. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 20, 2011 Page 2 COMPLIANCE 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. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 2. Case No. 10-00014 — Violation of Section 34-96(b)(d), Standards Established Section 34-97(x)(1)(7), Duties and Responsibilities for Maintenance; Section 34- 98(4), Building Appearance and Maintenance; Section 34-122(a), Public Nuisances Prohibited; and Section 82-371, Posting and Specifications of Numbers, of the City of Cape Canaveral Code of Ordinances; and Section 303.4, Structural Members; Section 604.3, Electrical System Hazards; and Section 605. 1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (402 Madison Ave) — Rochelle C. Medlin, Trust, c/o John M. Edwards. Code Enforcement Officer, Duree Alexander testified that the respondent did not take receipt of the notice and therefore must withdraw this case from the agenda. 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 III, 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 water on the property was shut off January 13, 2011, and a site visit revealed that the power was on, the RV has been moved, and the pool has been covered. Mr. Watson Witt III, property owner, testified that the water was turned off last week when his roommate moved out; he stated that he should be able to have it back on next week. 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 impose the fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Code Enforcement Board Meeting Minutes January 20, 2011 Page 3 Motion by Mr. Viens, seconded by Chairperson Russell, to amend staff's recommendation and find the respondent in non-compliance but give the respondent until February 17, 2011 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. 10-00090 - Violation of Section 34-98(4), Buildinq Appearance and Maintenance; and Section 34-99(1)(2) Landscape, Appearance, and Maintenance, of the City of Cape Canaveral Code of Ordinances, (201 Taylor Ave.) — David W. & Mary L. Davis. Proaerty Owners. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. PUBLIC HEARINGS: Case No. 10-00002 —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, (202-211 Caroline St.) — Oceanside Treasure, LLC, c/o Jeffrey Wells, Property Owner. Code Enforcement Officer, Duree Alexander testified that the respondent did not take receipt of the notice and therefore must withdraw this case from the agenda. 2. Case No. 10-00062 —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, (7077 N. Atlantic Ave.) — 770 Acres c/o Bill P. Willis 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 work without a permit. Officer Alexander stated that the respondent installed windows without a permit and the required final inspection. She further stated that a stop work order has been issued on the property. Building Official, Todd Morley, gave the property owner until November 10, 2010 to obtain a permit. There has not been any further contact from the owner. 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 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. Discussion followed regarding the amount of the fine; it was the consensus of Board that the fine should be increased to get the attention of the respondent. Motion by Mr. Godfrey, seconded by Ms. Hartley, to find the respondent in violation impose a fine in the amount of two hundred a� d fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter beginning on January 20, 2011. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 20, 2011 Page 4 3. Case No. 10-00132 - Violation of Section 34-122(b), Public Nuisances Prohibited; and Section 110-470, Fences, Wall, and Hedges, of the City of Cape Canaveral Code of Ordinances, (Vacant Parcel — ID#24-37-15-00-00753.1- 0000.00) — PI Holdings #1 Inc., 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 the condition of the property and the fence. Officer Alexander stated that there has not been any contact from the respondent. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-122(b), Public Nuisances Prohibited; and Section 110-470, Fences, Wall, and Hedges, 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 and one hundred dollars ($100.00) per day thereafter until found in compliance. Discussion followed regarding the amount of the fine; it was the consensus of Board that the fine should be increased to get the attention of the respondent. Motion by Mr. Godfrey, seconded by Mr. Viens, to find the respondent in violation impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred and fifty dollars ($150.00) per day thereafter beginning on January 20, 2011. Vote on the motion carried unanimously. 4. Case No. 10-00150 — Violation of Section 30-27(a)(b), Alarm Permit Required; Section 30-30(d), Response to Alarm Activation, of the City of Cape Canaveral Code of Ordinances, (7000-7008 N. Atlantic Ave.) — Mary M. Beasley, Property Owner. Cape Surf c/o Michael T. Floyd 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 continued false alarms; failure to return the alarm cause and corrective action form; nonpayment of accessed fines; and failure to obtain an alarm permit. Officer Alexander stated that Cape Surf has had fifteen false alarms for 2010 and has an outstanding fine of two thousand one hundred eighty-eight dollars and seventy-five cents ($2,188.75). Andrea Bowers, finance director, testified that the false alarms are costly to the City because the sheriff's department has to send out two officers to check on the alarm. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 30-27(a)(b), Alarm Permit Required; Section 30-30(d), Response to Alarm Activation, of the City of Cape Canaveral Code of Ordinances and be given 15 days to pay $573.75 and disconnect the alarm system or impose the full amount of the fine in the amount of two thousand one hundred eighty-eight dollars and seventy-five cents ($2,188.75) as a lien against the property and all cost associated with the enforcement of the violation be Imposed. Code Enforcement Board Meeting Minutes January 20, 2011 Page 5 Discussion followed regarding amending staff's recommendation to include the option to repair and permit the alarm system and adding the words "as offered" following the amount of $573.75. Motion by Mr. Lotspeich, seconded by Mr. Viens, to accept staff's recommendation as amended and find the respondent in violation and be given 15 days to pay a fine in the amount of five hundred seventy-three dollars and seventy-five cents ($573.75), as offered; and additionally must either immediately disconnect the alarm or repair the alarm and obtain an alarm permit or impose the full amount of the fine in the amount of two thousand one hundred eighty-eight dollars and seventy-five cents ($2,188.75) as a lien against the property and all cost associated with the enforcement of the violation be imposed.. Vote on the motion carried unanimously. 5. Case No. 10-00151 — Violation of Section 304.3 Interior Surfaces; Section 504.1 General; Section 504.3, Plumbing System Hazards; and Section 505, Water System, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (202 Caroline St. Unit 208) — Robert D. Schenfele, 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 plumbing system hazards. Officer Alexander further testified that the first notice of violation, dated September 30, 2010, was resolved when the respondent pulled a permit and repaired the toilet and plumbing issues; a notice of compliance was sent October 11, 2010. Officer Alexander explained that the owner of unit 108, directly below unit 208, replaced the drywall and repaired the damage in her unit following the repair. Officer Alexander stated that she was notified that the toilet exploded and flooded unit 108 again that prompted the second Notice of Violation, dated December 10, 2010. Shelley Brown, owner of unit 108, testified that she has owned the unit for seven years and had eleven flood incidences. In May 2010 an air conditioning unit was installed in the wall of unit 208, directly above her unit, that caused constant flooding in her living room and mold. Ms. Brown stated that the owner was notified and she had no response. She further stated that in August the toilet in unit 208 was leaking and caused sewer and fecal matter in her unit. An inspection was performed by Todd Morley, building official, to assess the damage. Following the inspection, the sub -floor was repaired and the air conditioning unit in the wall was removed. In October the toilet was repaired in unit 208 and the ceiling and walls were replaced in unit 108. One week later more water was running down the walls in unit 108. The condo manager entered unit 208 to find standing water from a broken toilet and feces on the toilet, walls, floors, and sink. Finally, this month the repairs were complete in unit 208 and her unit was repaired again. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 304.3, Interior Surfaces; Section 504. 1, General; Section 504.3, Plumbing System Hazards; and Section 505, Water System, of the International Property Maintenance ice Code, as adopted by Section ii 82-221, of the City of Cape Canaveral Code of Ordinances o este , a •f �� t - �h t t bush the violation So that it the violation i r e"'vcci.li s the r espor iUer dent will be considered a repeat violator and may be fined up to five hundred dollars ($500.00) per day. Code Enforcement Board Meeting Minutes January 20, 2011 Page 6 Motion by Chairperson Russell, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation. Vote on the motion carried unanimously. 6. Case No. 10-00156 — Violation of Section 34-97(7), Duties and Responsibilities for Maintenance; and Section 34-122(b), Public Nuisances Prohibited, of the Citv of Cape Canaveral Code of Ordinances, (Vacant Lot Astronaut Blvd ID# 24-37- 15-00-00759.0-000.00) — Surf East Inc., c/o Adela I Stone, 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 overgrowth of property. Officer Alexander stated that the respondent has been cited for the same violation six times and would like to establish the violation so that if the violation reoccurs the respondent will be considered a repeat violator and may be fined up to five hundred dollars ($500.00) per day. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-97(7), Duties and Responsibilities for Maintenance; and Section 34-122(b), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances to establish the violation. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:35 P.M. Approved on this day of 12011. Mary Russell, Chairperson Joy Lombardi, Board Secretary City CommunityDevelopment THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): Watson L. Witt, II Location of the Violation: 8103 Magnolia Avenue, Cape Canaveral CASE No. 2010-00029 2/04/11 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 17, 2411, 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 1.62.07, 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. Mthis 4th day of February, 2011 D , re'e Alexander, Code Enforcement Officer -- 75 10 fficer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/ca,pe e-mail: cityofcapecanaveral.org City of Cape CITY OF CAPE CANAVERAL CODE ENFORCEMENT ®AR CITY OF CAPE CANAVERAL, FLORID THE CITY OF CAPE CANAVERAL, Case #10-00029 A Florida municipal corporation, Complainant, v Watson L. Witt III Owner of the Property located at: 8103 Magnolia Ave. . Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA E Yz OF LOT 15 & ALL LOT 16 BLK 9 PLAT BOOK 003 PG 007 Respondent, AMENDED D • DP t ON FIRST VIOLATIO (AMENDED AS TO ADDITIONAL TIME) i 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 Box 326 a Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 ® Fax: (321) 868-1247 wwwmyflorida.com/cape ® email: ccapecanaveral@cfl.rr.com k 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. 7. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on November 18, 2010. 8. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 20, 2011. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until February 17. 2011 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 Case #10-00029 the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of January, 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA f / r' Mary Russ'( ,AC6haiLperson 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 2c,- day of 2011. Joy Lombardi, Board Secretary Duree Alexander, Code Enforcement Officer yr � k -,/ape k./ana v lzral Community Development Department ,,,_P NOTICE F HEARING C7SY O"r' CAPE CANAVrr AL CITY OF CAPE CANAVERAL CASE No. 2010-00138 A Florida Municipal Corporation, 1/05/11 Complainant, V. Respondent(s): A-1 Financial Service, Inc. C/O Michelle Milo, R. A. Location of the Violation: Vacant Parcels on South Side Oak Lane, Cape Canaveral, FL 32920 24-37-14-28-00000.0-OOOA.26 & 24-37-14-28-00000.0-OOA.25 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement :Board on February 17, 2011 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. D ED this 4t' day, f February, 2011 Duree Alexander, Code Enforcement Of ice 7510 N Atlantic Avenue P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 www.myflorida.com/cape e-mail: cityofcapecanaveral.org 'Ity of ua-pe uanavveraf "L Community •Department • �t THE CITY OF CAPE CANAVERAL Case No. 2010-00138 A Florida Municipal Corporation, 10/15/10 Complainant, V. Owner(s) of the property located at: Vacant Lots on Oak Lane, Cape Canaveral, Fl 32920 24-37-14-28-00000.0-OOOA.26 24-3 7-14-28-00000.0-OOOA.25 Respondent(s): A-1 Financial Services, Inc. C/O Michelle Milo, 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 ten (10) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATIONS) 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): Vacant Parcel on Oak Lane, Cape Canaveral, Fl 32920 24-3 7-14-28-00000.0-OOOA.25 24-37-14-28-00000.0-OOOA.26 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cape e-mail: cityofcapecanaveral.org 2. Name and address of owner(s) of property where violations) exist: A-1 Financial Service, Inc P.O. Box 1697, Palm City, FL 34991 Staff received a complaint regarding the condition of your property. A site visit revealed the property is extremely overgrown again. Staff contacted you via email on the 9/9/10, and was informed that the issue would be resolved. To date the property remains in violation. 3. Description of Violation(s) at property: See. 34-96. Standards established. (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. Sec. 34-122. Public nuisances prohibited. (a) All grass areas and yards on improved property shall be properly maintained in a neat and attractive manner and kept free of dead plants, refuse, debris and shall be maintained further in a manner such that grass, weeds and other rank vegetation shall not exceed six inches in height. (b) All unimproved property in the city shall be maintained in a manner such that weeds and rank vegetation shall not exceed 12 inches in height provided. 4. Recommendation(s) to correct the violation(s) described above: Please mow the vacant parcels, remove all trash and debris and over growth from the property. Please remove all overgrowth from the adjoining property fence. Please maintain the property by mowing and trimming on a regular basis. If you continue to fail to maintain the vacant parcel(s) staff will present the violations before the Code Enforcement Board for enforcement. Failure to comply within fifteen (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation of the recommendations oo-n.tained herein, do not hesitate to contact the below signed Code Enforcement Officer at the Cityof Cape Can4veral,,r(321) 868-1222. ('/p . ur e 1 xander Code Enforcement Officer 1 ot uanaVera 1 Community Development Department c,n aF NOTICE OF HEARING F7-xpI'LICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT" LIEN THE CITY OF CAPE CANAVERAL CASE No. 2010-00037 A Florida Municipal Corporation, DATE: 2/7/11 Complainant, V. Respondent(s): Jeanette R. Bunting Location of the Violation: 7521 Magnolia Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on February 17, 2011, 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 compliance of the violation(s), which occurred upon the property of the Respondent(s) as set forth in the, and will hear testimony and evidence for the request to release or satisfy the current lien against said property as stated above, and as attached as EXHIBIT "A", and shall make a recommendation to the City Council. as to whether such violation(s) have been corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, and if the current lien against the respondents property shall be reduced or released. 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. Until such time as the request is heard before the City of Cape Canaveral City Council, the current lien will remain against the property and any other personal or real property owned by the Respondent(s), which may be satisfied by foreclosure and/or 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. �,YED this 7t1i da of February, 2 1 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 v;vv,,v.myflorida.com/We e-mail: cityofcapecanaveral.org CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE 'OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE #:,W49 APPLICATION FEE; $ //2%7 `— APPLICANT: �J- e C �� e _Bal) / / i-) t �a n r / n DATE: ADDRESS: /// Z)p". CITY: �G'Gc�Q yE�4 GGj STATE: NATURE OF VIOLATION(S):. e- Chi//7r� 2- 6e ZIP: v � ADDRESS OF SUBJECT PROPERTY: DTE Fn c R r��, / � IEN Kivu OSED: A ✓ oN O4 A�?OT t?�rr: /DAYOR TOTAL COMPLIANCE DATE: RELIEF REQUESTED; SATISFACTIO / REDUCTION ircle one) IF REDUCTION THE APPLICANT Fel/amt. PROPOSES $ < o s s AS THE AMOUNT OF THE REDUCED FINE, THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) _ e. ` TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: ;If more space is needed add additional pages) HE REASONS, IF ANY, WHY THE APPLICANT DID NOT BR TNCr T= Sr m rGr r zan,r,,,r , _ a./J � l i i�vr ir. i Y aiv i i COIvFPLIANCE TJOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add dditional pages) 1 /y Lo p Q e_ 7 b CI P r cco. NY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, tCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE ?DUCTION OR SATISFACTION OF PENALTY OR FINE (If more space is needed add additional pages) Date: _ / /,/ - // /0. STATE OFl�� •, COUNTY OF BEF(lpW NM the undersigned authority did personally appear .' �� ` who provided as identification, and who after being place under oath, sw&e or affirmed the information contained within this application is true and correct. A,PPLICA.TION FEE.- S Notary Public FOR STAFF USE ONLY RECEIVED BY CITY ON d l,:201C( COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL CONDITIONS: DATE OF COUNCIL ACTION: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Et,��E�#r'L�jj I.�FJ1 �Gt�fklj='ry Cdr!'} �1rFt?rrrf� �i_1e� Cts #A198 H cEttrft $100.00 o, V•^� ., CHRIS11NADOERRFELD MY COMMISSION # DD 932461 � I •.,;;oF �qo� EXPIRES: November 21, 2013 Bonded Thru Notary Public Underwriters A,PPLICA.TION FEE.- S Notary Public FOR STAFF USE ONLY RECEIVED BY CITY ON d l,:201C( COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL CONDITIONS: DATE OF COUNCIL ACTION: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Et,��E�#r'L�jj I.�FJ1 �Gt�fklj='ry Cdr!'} �1rFt?rrrf� �i_1e� Cts #A198 H cEttrft $100.00 IN OR CAPE CANAVERAL City of Cape Canaveral THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, Case #10-00037 V. CFN 2010196824, OR BK 6257 PAGE 2013, Michael ZuCCO Recorded 10/110010 at 11:27 AM, Scott Etfis, Cierk of Courts, Brevard County Owner of the Property located at: # PgO 7521 Magnolia Ave. Cape Canaveral, FL 32920 LEGAL AVON BY THE SEA LOT 15 EX N 50 FT & LOT 16 EX N 50 FT BLK 43 PLAT BOOK 003 PG 007 Respondent, I 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 parities 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. 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; and Section 110- 469, Visibility at Intersections, of the City Code; 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 Code; 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 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 Box 326 ® Cape Canaveral, FL 32920-0326 i Telephone: (321) 868-1222 ® Fax: (321) 868-1247 www.myflorida.com/cape « email: ceapec:anaveral@cfl.rr.com Case #10-00037 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 34-96(b)(d), Standards Established; and Section . 110-469, Visibility at Intersections, of the City Code; 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 Code; 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 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 HEREBI r ., D 1. Respondent be given until September 23. 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 fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) 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 #10-00037 DONE AND ORDERED at Cape Canaveral, Florida, this 22nd day of July, 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 6"Ma4j" lk-,""r",,"��.C(/` Mary Russ, Chairperson Copies furnished to: Michael Zucco, 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 .2 -7 day of 7:!�v c,., , 2010. Jo\/tombardi, Board Secretary Duree Alexander, Code Enforcement Officer