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CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD COMPLIANCE HEARING JUNE 23, 2011 PRESENTED BY CODE ENFORCEMENT OFFICER DUREE ALEXANDER
CITY OF CAPE CANAVERAL CASE NO. 10-47 PORTVIEW INN & SUITES LLC dba COUNTRY INN & SUITES ADDRESS: 9009 ASTRONAUT BLVD, CAPE CANAVERAL LEGAL: PART OF S ½ OF S ½ OF N ¼ LYING W OF ST RD
#401 AS DES IN ORB 2704 PG 1181 PARCEL ID: # 24-37-15-00-00252.0-0000.00 VIOLATION OF SECTION(S): CITY OF CAPE CANAVERAL CODE SECTION 110-555, PAVING OF VEHICULAR USE AREA; SECTION 110-492
LOCATION OF SPACES; SECTION 110-339; AND SECTION 38-26 FLORIDA FIRE PREVENTION CODE ADOPTED; NFPA 1 FIRE LANES; REPEAT VIOLATION(S) -PARKING ISSUES Code Enforcement Officer: Duree Alexander
NOTIFICATION SUMMARY O.T.A 6/13/11 R.R. 6/16/11 PORTVIEW INN & SUITES, LLC DBA COUNTRY INN & SUITES O.T.A 6/13/11 R.R. 6/17/11 THE OLIVER GROUP O.T.A. 6/13/11 HAND DELIVER TO ED KORTUM,
G.M. CITY OF CAPE CANAVERAL CASE NO. 10-47 PORTVIEW INN & SUITES LLC dba COUNTRY INN & SUITES
COUNTRY INN & SUITES 9009 ASTRONAUT BLVD
AERIAL VIEW OF HOTEL
STAFF REPORT 2/17/11 PERMIT ISSUED FOR PARKING LOT EXTENSION EXPIRES 10/04/11 4/7/11 FIRST INSPECTION ACCEPTED – ROAD BASE & DENSITY TEST 4/18/11 SITE VISIT REVEALED ALL VEHICLES PARKED
ON THE PARKING LOT EXTENSION CITY OF CAPE CANAVERAL CASE NO. 10-47 PORTVIEW INN & SUITES LLC dba COUNTRY INN & SUITES
STAFF REPORT •7/22/10 THE CODE ENFORCEMENT BOARD FOUND THE RESPONDENT IN VIOLATION AND PROVIDED ADDITIONAL TIME TO COMPLY AND WAS GIVEN UNTIL OCTOBER 21, 2010, TO COMPLY. •10/21/10 A
DULY NOTICED HEARING WAS HELD, AND THE RESPONDENT WAS GIVEN UNTIL APRIL 21, 2011. •4/21/11 A DULY NOTICED HEARING WAS HELD AND THE RESPONDENT WAS GIVEN UNTIL JULY 23, 2011 TO COMPLY.
CITY OF CAPE CANAVERAL CASE NO. 10-47 PORTVIEW INN & SUITES LLC dba COUNTRY INN & SUITES STAFF REPORT CONTINUED •THE RESPONDENT HAS FAILED TO COMPLY BY CONTINUING TO ALLOW PARKING ON
THE GRASSY AREA LOCATED IN FRONT OF PORTVIEW INN & SUITES LLC dba COUNTRY INN & SUITES. •STAFF HAS DOCUMENTED 76 DAYS THAT THE VIOLATION HAS OCCURRED.
CITY OF CAPE CANAVERAL CASE NO. 10-47 PORTVIEW INN & SUITES LLC dba COUNTRY INN & SUITES •THIS IS A REPEAT VOILATION AND THE FINE AS SET BY THE 2ND AMENDED ORDER IMPOSING PENATLY FOR
REPEAT VIOLATIONS STATES: •A FINE WILL BE IMMEDIATELY ENTERED UPON NON-COMPLIANCE IN THE AMOUNT OF $500.00 PER DAY UNTIL THE VIOLATION IS CORRECTED AND FULL COMPLIANCE IS CONFIRMED.
76 DAYS x 500.00 = $38,000.00 DOLLARS
STAFF RECOMMENDATION Based on the evidence and testimony presented at this hearing, staff respectfully requests that the Code Enforcement Board find the respondent, Portview Inn & Suites
LLC, dba Country Inn & Suites, in non-compliance of the 2nd Amended Order Imposing Penalty for Repeat Violation and the fine in the amount of $500.00 per day be imposed for the dates
established by staff and continue to accumulate for every day documented by staff until found in compliance. CITY OF CAPE CANAVERAL CASE NO. 10-47 PORTVIEW INN & SUITES LLC dba COUNTRY
INN & SUITES
CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD PUBLIC HEARINGS JUNE 23, 2011
CITY OF CAPE CANAVERAL CASE NO. 10-130 DELORSE A. KOPITAS, P.O. ADDRESS: 8010 N ATLANTIC AVE, UNIT 4, CAPE CANAVERAL LEGAL: AVON BY THE SEA E ½ OF LOT 15 & ALL LOT 16 BLK 9, PB 0003,
PG 0007 PARCEL ID: # 24-37-23-CG-00009.0-0015.00 VIOLATION OF SECTION(S): CITY OF CAPE CANAVERAL CODE SECTION 34-96, (b), (d); STANDARDS ESTABLISHED; SECTION 110-469, VISBILITY AT INTERSECTIONS;
AND SECTION 82-31, FLORIDA BUILDING CODE ADOPTED, SECTION 602, WATER REQUIRED; 602.1, GENERAL AND SECTION 82-221, IPM CODE ADOPTED; SECTION 301.3, VACANT STRUCTURES AND LAND; SECTION
303.1 GENERAL-EXTERIOR CONDITION OF STRUCTURE – NO WATER Code Enforcement Officer: Duree Alexander
CITY OF CAPE CANAVERAL CASE NO. 10-130 DELORSE A. KOPITAS, P.O. NOTIFICATION SUMMARY 10/4/10 COURTESY NOTICE SENT N.O.V. 4/28/11 RETURNED UNCLAIMED N.O.V. 5/17/11 RETURNED UNCLAIMED
N.O.V. 5/24/11 POSTED PROPERTY AND CITY HALL AS REQ. F.S. 162.12 NOTICES O.T.A 6/13/11 UNCLAIMED-POSTED PROPERTY AND CITY HALL AS REQ.
CITY OF CAPE CANAVERAL CASE NO. 10-130 DELORSE A. KOPITAS, P.O. 1/14/09 A SITE INSPECTION REVEALED THE UNIT WAS BEING REMODELED WITHOUT THE REQUIRED PERMIT(S). 2/18/09 RICHARD KOPITAS
APPLIED FOR A PERMIT PERMIT VOIDED –NOT LICENSED CONTRACTOR 11/03/09 A CONTRACTOR APPLIED FOR A INTERIOR REMODEL PERMIT, #6879 WAS ISSUED ORIGINAL CONTRACTOR WAS UNLICENSED-WALLS WERE
ERECTED-STAFF REQUESTED CONTRACTOR SUBMIT AFFIDAVIT AS TO WHAT WAS COMPLETED. RECIEVED AFFIDAVIT FROM ELECTRICIAN ONLY.
CITY OF CAPE CANAVERAL CASE NO. 10-130 DELORSE A. KOPITAS, P.O. 12/9/09 INSPECTION WAS CANCELLED BY CONTRACTOR 12/11/09 CONDITIONAL FINAL INSPECTION WAS APPROVED-NOT CLOSED OUT UNTIL
STATEMENT CERTIFYING WORK PERFORMED BY UNLICENSED CONTRACTOR MEETS BUILDING CODES 2/10/10 FINAL INSPECTION REJECTED 3/01/10 REC. ELECTRICAL AFFIDAVIT-STILL WAITING ON CONTRACTOR TO CERITIFY
WORK PER SUBMITTED PLANS.
STAFF RECOMMENDATION Based on the evidence and testimony presented at this hearing, staff respectfully requests that the Code Enforcement Board find the respondent, Delorse A. Kopitas,
P.O. in violation of work out a permit as cited in the Notice of Violation and be given until July 21, 2011 to comply. CITY OF CAPE CANAVERAL CASE NO. 10-130 DELORSE A. KOPITAS, P.O.
CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD PUBLIC HEARINGS JUNE 23, 2011
CITY OF CAPE CANAVERAL CASE NO. 11-30 DONALD J. REGAN, JR. ADDRESS: 105 JUSTAMERE ROAD, CAPE CANAVERAL LEGAL: PART OF N 57.5 FT OF S 632.5 FT OF SW ¼ OF NW ¼ AS DES IN ORB 64 PG 658
EX ORB 615 PG 262 1655 PG 291 PARCEL ID: # 24-37-23-00-00270.0-0000.00 VIOLATION OF SECTION(S): Violation of Section 301.1, General, of the Standard Unsafe Building Abatement Code 1985
Edition, as adopted by Section 82-56, of the City of Cape Canaveral Code of Ordinances, Repeat Violation Section 34-96(d), Standards Established; and Section 34-97(1), Duties and Responsibilities
for Maintenance, of the City of Cape Canaveral Code of Ordinances. –Code Enforcement Officer: Duree Alexander
NOTIFICATION SUMMARY N.O.V. 5/17/11 R.R. 5/18/11 DONALD J. REGAN, JR. O.T.A. 6/13/11 R.R. 6/14/11 DONALD J. REGAN, P.O. CITY OF CAPE CANAVERAL CASE NO. 11-30 DONALD J. REGAN, JR.
SOUTH VIEW NORTH VIEW
CITY OF CAPE CANAVERAL CASE NO. 11-30 DONALD J. REGAN, JR. 5/10/11 STAFF RECEIVED COMPLAINT REGARDING CONDITION OF PROPERTY. 5/11/11 DEPUTY HOFFMAN CONDUCTED A FOOT PATROL CHECK OF THE
AREA OF 105 JUSTAMERE RD. THE PATROL AREA WAS CONDUCTED BECAUSE THE ABOVE ADDRESS HAS BEEN A NUISANCE RESIDENCE. UPON INSPECTION THE TRAILER DOOR WAS OPEN AND THE STRUCTURE APPEARED
TO BE UNSAFE. THE FLOORING HAD SEVERAL SPOTS WHERE THERE WAS NO FLOOR AND WAS….
CITY OF CAPE CANAVERAL CASE NO. 11-30 DONALD J. REGAN, JR. 5/11/11 CONTINUED: OPEN TO THE UNDERSIDE OF THE TRAILER. THE RESIDENCE HAD A STRONG ODOR OF URINE AND FECES EMANATING FROM
UNDER THE TRAILER RAISING THE QUESTION OF PROPER SEWAGE HOOK-UP. THE DEPUTY WITNESSED SEVERAL HOLES IN THE WALLS IN VARIOUS LOCATIONS INSIDE THE TRAILER. 5/11/11 THE PROPERTY WAS POSTED
UNSAFE UPON EXTERNAL INSPECTION BY THE B.O. AND CODE ENF. OFF. AT THE TIME OF THE INSPECTION WE WERE ACCOMPANIED BY A CAPE CANAVERAL SHERIFF’S DEPUTY, BOTH THE B.O. AND CODE ENFORCEMENT
WERE DENIED ENTRY BY MR. REGAN, AFTER SEVERAL REQUESTS.
33 HISTORY 6/22/00 CASE 00-31 -34-96; Standards Established. & 34-97; Duties and Responsibilities for Maintenance. Found in compliance 9/21/00 CASE 00-53 -34-181, Storing, Parking or
Leaving on Private Property Found in Violation 11/21/02 CASE 02-208 – 34-98; Building Appearance and Maintenance CASE 02-225 – 34-98; Building Appearance and Maintenance CASE 02-209
– 34-97; Duties and Responsibilities for Maintenance CASE 02-220 – 34-96; Maintenance Standards Established CASE 02-221 – 34-98; Building Appearance and Maintenance In violation – given
until 12/2/02 for compliance CASE 02-222 – 82-116; Adoption of Electrical Code 1999 Edition CASE 02-223 – 110-551; Recreational Vehicles, Boats and Trailers CASE 02-224 – 82-221; International
Property Code Maintenance; Section 303; Exterior Structure
34 HISTORY CONTINUED 10/10/02 CASE 02-209 -32-122; Public Nuisance Prohibited-Lot Mowing 12/19/02 CASE 02-221 -34-98; Building Appearance and Maintenance Found in compliance 11/25/03
CASE 03-151 – 110-470; Fences, Walls and Hedges 08/12/04 CASE 04-91 -34-96; Standards Established 04/09/05 CASE 04-37 – 34-96; Standards Established 10/25/05 CASE 05-119 –110-468, (a);
Accessory Structure 04/13/06 CASE 06-33 – 34-98; Building Appearance and Maintenance
38 CITY OF CAPE CANAVERAL CASE NO. 11-30 DONALD J. REGAN, JR., PROPERTY OWNER STAFF RECOMMENDATION; PART 1 Based on the evidence and testimony presented at this hearing, staff respectfully
requests that the Code Enforcement Board find the respondent, Donald J. Regan, Jr. in violation of 82-56, Standard Unsafe Building Abatement Code; and be given until July 21, 2011 to
provide evidence to the contrary, which may consist of a report by a Licensed Engineer, Architect, Building Official, or Building Inspector. Upon request the City of Cape Canaveral Building
Official will perform the inspection and prepare the report, or be fined in the amount of $250.00 per day to be imposed retroactive to May 11, 2010, to include all costs of enforcement.
39 CITY OF CAPE CANAVERAL CASE NO. 11-30 DONALD J. REGAN, JR., PROPERTY OWNER STAFF RECOMMENDATION; PART 2 Based on the evidence and testimony presented at this hearing, staff respectfully
requests that the Code Enforcement Board find the respondent, Donald J. Regan, Jr. a Repeat Violator of the sections of City of Cape Canaveral Code of Ordinances as cited in the Notice
of Violation, and be given until July 21, 2011, to comply or a fine be imposed in the amount of $500.00 per day until compliance is confirmed by the Code Enforcement Officer, with the
fine being imposed retroactive to May 11, 2011, to include all costs associated with the enforcement of the violation.
CITY OF CAPE CANAVERAL CASE NO. 11-31 DONALD J. REGAN, JR. ADDRESS: 107 JUSTAMERE ROAD, CAPE CANAVERAL LEGAL: PART OF N 57.5 FT OF S 632.5 FT OF SW ¼ OF NW ¼ W OF RD AS DES IN ORB 615
PG 262 PARCEL ID: # 24-37-23-00-00271.0-0000.00 VIOLATION OF SECTION(S): Repeat Violation of Section 110-468, Accessory Structure; Section 34-96(d), Standards Established; and Section
34-97(1), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, –Code Enforcement Officer: Duree Alexander
NOTIFICATION SUMMARY N.O.V. 5/17/11 R.R. 5/18/11 DONALD J. REGAN, JR. O.T.A. 6/13/11 R.R. 6/14/11 DONALD J. REGAN, P.O. CITY OF CAPE CANAVERAL CASE NO. 11-31 DONALD J. REGAN, JR.
CITY OF CAPE CANAVERAL CASE NO. 11-31 DONALD J. REGAN, JR. 5/10/11 STAFF RECEIVED COMPLAINT REGARDING PEOPLE LIVING IN THE SHED. 5/11/11 DEPUTY HOFFMAN CONDUCTED A FOOT PATROL CHECK
OF THE AREA OF 105 /107 JUSTAMERE RD. THE PATROL AREA WAS CONDUCTED BECAUSE THE ABOVE ADDRESS HAS BEEN A NUISANCE PROPERTY. UPON INSPECTION IT WAS NOTED THAT A LIGHT WAS ON IN THE SHED
AS THE OFFICER APPROACHED HE OBSERVED TWO FEMALES INSIDE ON THE FLOOR. HE SPOKE WITH THE FEMALES.
CITY OF CAPE CANAVERAL CASE NO. 11-30 DONALD J. REGAN, JR. 5/11/11 CONTINUED: WHEN THE DOOR WAS OPENED IT APPEARED THE SHED WAS BEING USED AS A RESIDENCED. HE OBSERVED MATTRESSES ON
THE FLOOR, A CHAIR IN THE CORNER AND PERSONAL PROPERTY AROUND ONE OF THE MATTRESSES. HE ALSO OBSERVED FOOD ITEMS ON A SHELF. A MS. WILLIAMS STATED SHE WAS STAYING IN THE SHED BECAUSE
SHE WAS HOMELESS. NO SANITATION FACILITIES WERE OBSERVED. MR. REGAN STATED HE HELPS WOMEN IN THE AREA THAT ARE HOMELESS BY GIVING THEM SOMEWHERE TO STAY.
CITY OF CAPE CANAVERAL CASE NO. 11-30 DONALD J. REGAN, JR. 5/11/11 SITE INSPECTION CONTINUED: UPON ARRIVING AT THE SITE WITH THE CAPE CANAVERAL SHERIFF’S DEPARTMENT, I OBSERVED A FEMALE
ASLEEP ON A MATTRESS IN THE SHED. I ALSO OBSERVED A MATTRESS THAT HAD BEEN PLACED OUTSIDE THE SHED ON THE SOUTH SIDE. UPON TAKING PHOTO’S STAFF PROCEEDED TO 105 JUSTAMERE ROAD.
49 CITY OF CAPE CANAVERAL CASE NO. 11-31 DONALD J. REGAN, JR., PROPERTY OWNER STAFF RECOMMENDATION Based on the evidence and testimony presented at this hearing, staff respectfully requests
that the Code Enforcement Board find the respondent, Donald J. Regan, Jr. a Repeat Violator of the sections of City of Cape Canaveral Code of Ordinances as cited in the Notice of Violation,
and a fine be imposed in the amount of $500.00 for May 10, 2011 and May 11, 2011, to include all costs associated with the enforcement of the violation.
CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD CONSIDERATION OF SATISFACTION OR RELEASE OF LIEN JUNE 23, 2011
CITY OF CAPE CANAVERAL CASE NO. 09-00148 SATISFACTION OR RELEASE OF LIEN ADDRESS: 6395 N ATLANTIC AVENUE, CAPE CANAVERAL LEGAL: E 300 FT OF S 150 FT OF N 310 FT W OF ST RD PARCEL ID:
# 24-37-26-00-00253.1-0000.00 VIOLATION OF SECTION(S): Violation of Section 34-97(a)(1), Duties and Responsibilities for Maintenance; and Section 34-98(4), Building Appearance and Maintenance,
of the City of Cape Canaveral Code of Ordinances VIOLATION IS FOR THE CONDITION OF THE EXTERIOR OF THE BUILDING AND PARKING LOT Code Enforcement Officer: Duree Alexander
7/13/09 FIRST SITE INSPECTION 11/3/09 BUILDING OFFICIAL POSTED PROPERTY AS UNSAFE 11/19/09 FIRST CODE ENFORCEMENT HEARING 1/2/10 COMPLIANCE HEARING
STAFF RECOMMENDATION BASED ON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, STAFF RESPECTFULLY REQUESTS THAT THE CODE ENFORCEMENT BOARD RECOMMEND REDUCTION OF THE CODE ENFORCEMENT
LIEN CFN 2010017726, OR BK 6105, PAGE 802, RECORDED 2/1/10 BY THE CLERK OF THE COURTS, FOR BREVARD COUNTY TO STAFF COSTS IN THE AMOUNT OF $2,771.80. NOTE: DOES NOT INCLUDE ATTORNEY TIME
OR FEES CITY OF CAPE CANAVERAL CASE NO. 09-00148
STAFF WOULD LIKE TO THANK YOU FOR YOUR ATTENDANCE CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD.