The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 01-17-2008 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JANUARY 17, 2008 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: February 21, 2008 NEW BUSINESS: Approval of Meeting Minutes: October 18, 2007 COMPLIANCE HEARINGS: 1. Case No. 06-00059 - Violation of Section 108.1, General; and Section 108.1.1, Unsafe Structures, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and Section 104.1.1, and 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances, (7902 Ridgewood Ave.) Michael Conroy, Property Owner. 2. Case No. 06-00062 - Violation of Section 108.1, General; 108.1.1, Unsafe Structures; Section 303.11 Stairways, Decks, Porches, & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances, (7908 Ridgewood Ave.) Marsha K. & Kent C. Howe, Property Owner. 3. Case No. 07-00133 - Violation of Section 303, Exterior Structures; and Section 303.13, Handrails and Guards, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (244 Cherie Down Ln.) French Lanham, Property Owner. PUBLIC HEARINGS: 1 Case No. 06~OO 126 - Violation of Section 104.1.1, and 105.4, Permits & .. Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances, (518 Harrison Ave.) William M. Forrester, Jr., Property Owner. 105 Polk Avenue .. Post Office Box 326 .. Cape Ca.'1averal, FL 32920-0326 Telephone: (321) 868-1222 e SUNCOM: 982-1222 " FA,X: (321) 868-1247 www.myflorida.com/cape e email: ccapecanaveral@cflrr.com Code Enforcement Board' Agenda January 17, 2008 Page 2 2. Case No. 07-00134 - Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (241 Cherie Down La.) Susan & Anthony Bernarducci, Property Owner. 3. Case No. 07-00151 - Violation of Section 94-76(a), Temporary On-Premises Signs, of the City of Cape Canaveral Code of Ordinances, (8101 Astronaut Blvd.) Banana River Petro, LLC, P.O., c/o Stephen M. Stone, Esq. R.A., Property Owner; Pod Vending, Inc., c/o Jay Jasperson, R.A., Business Owner. OLD BUSINESS: 1. Case No. 07-00095 - Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; and Section 603.1, Mechanical Equipment; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances, (201 International Dr. Unit #222) - Michael S. Sexton, Property Owner. (Foreclosure on Lien) 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 I or Community Appearance Board who mayor 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 CITY OF CAPE CANAVERAL Code Case:2006-00059 Florida Municipal Corporation, Date: 1/08/2008 V. Michael Conroy Owner(s) of the property located at: 7902 Ridgewood Avenue, Cape Canaveral Respondent( s) Michael Conroy NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the vioiation(s), as of this/these date(s) July 19,2007; October 18, 2007, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated May 17, 2007, requiring the respondent(s) to correct such violation(s) by July 19,2007; an Amended Order Imposing Penalty on First Violation dated July 30,2007, requiring the respondent(s) to correct such violation(s) by October 18, 2007; a Second Amended Order imposing Penalty on First Violation dated October 18,2007, requiring the respondent(s) to correct such violation(s) by January 17, 2008. The respondent was not present at the duly noticed Compliance Hearings held by the Code Enforcement Board on May 17, 2007 and July 30,2007 and October 18,2007. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 108.1, General; Section 108.1.1, Unsafe Structures, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and Section104.1.1, and 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances, which exist or existed upon the property and respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on January 17, 2008, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 7902 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Michael Conroy 7902 Ridgewood Avenue Cape Canaveral, FI 32922 3. Description of violation(s) at Property: ,/--. Sec. 82-221, "International Property Maintenance Code Adopted" /il" ' 1 'ffl:~ / /1 I ,/I/FfAttfx, eun~~ I, i BtlYee'-A1 00" ';.^-f../~ , _ Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 ~'W.myflorida.com/cape · e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA CiTY OF CAPE CANAVERAL, Case #06-00059 A Florida municipal corporation, Complainant, v. Michael Conroy Owner of the Property located at: 7902 Ridgewood Avenue Cape Canaveral, FL 32920 LEGAL: OCEANS GATE LOT 4 PLAT BOOK 003] PAGE 0071 Respondent, / SECOND 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 May 17, 2007 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. Findinas 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 108.1, General; and Section 108.1.1, Unsafe Structures, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code; and Section 104.1.1, and 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City Code exists or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondent 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; 105 Polk Avenue " Post Office Box 326 " Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 9 SL1J:'.JCOI\1: 982-1222 @ Fi\.L'C: (321) 868-1247 v'Iv'iw.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com Case #06-00059 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 108.1, General; and Section 108.1.1, Unsafe Structures, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code; and Section 104.1.1, and 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. 6. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on July 30, 2007. 7. Respondent appeared in person at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on October 18, 2007. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until January 17. 2007, 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 I are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any vioiation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. Case #06-00059 DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of October, 2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA '-"~'''--J''! '? .0 /) ,/ j lr:;1!-; /1 !;(,/( .A,!,Ll ( f Mary RussE(lI, Chairperson - Copies furnished to: Michael Conroy, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this ~ day of oeLe, ~ ,2007. L /~ At ~~:-- Joy Lombardi, Board Secretary .//1~ // "/"/ ,./1 ,/ c:- ~/,/ -->) 11/1. t (/}// / " / r ......-~~tA---"....--t- / L-/,...../"...-r--------"" Michael Richart, Code Enforcement Officer HSS different from item 1? DYes i elivery address below: D No , , Retum Tota! PostB ail o Express Mail D Return Receipt for Merchandise Mich;:jpJ rr\"rrm iI DC.a.D. ----~_... ..........-"-'~-L.LVr - 7902 Ridgewo~d A venue Ivery? (&.i:ra Fee) DYes i 3967 6669 0:~, :51 102595-02-M-1540 City of Cape Canaveral CITY OF CAPE CANAVERAL Code Case:2006-00062 Florida Municipal Corporation, Date: 1/07/2008 C()mplainant, V. Marsha K. & Kent C. Howe Owner( s) of the property located at: 7908 Ridgewood Avenue, Cape Canaveral Respondent( s) Marsha K. & Kent C. Howe NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) April 19, 2007; June 25, 2007; August 23, 2007, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated April 19, 2007, requiring the respondent(s) to correct such violation(s) by June 21,2007; an Amended Order Imposing Penalty on First Violation dated June 25, 2007, requiring the respondent(s) to correct such violation(s) by August 23, 2007. The respondent was present at the duly noticed Compliance Hearings held by the Code Enforcement Board on April 19, 2007 and June 25,2007. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 108.1, General; Section 108.1.1, Unsafe Structures, Section 303.11, Stairways, Decks, Proches & Balconies, of the International Property Maintenance Code, as adopted by Section 82-22'1 of the City of Cape Canaveral Code of Ordinances, which exist or existed upon the property and respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on January 17, 2008, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 7908 Ridgewood Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Marsha K. & Kent C. Howe 7908 Ridgewood Avenue Cape Canaveral, FI 32920 3. Description of violation{s) at PiOperty: Qec 82-~ "Internatior-;?perty Maintenance Code Adopted" 1/~~~ ree exa der . - . Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 · FAX: (321) 868-1248 www.myf1orida.com/cape · e-mail: ccapecanaveral@cf1.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #06-00062 A Florida municipal corporation, Complainant, v. Marsha K. & Kent C. Howe Owner of the Property located at: 7908 Ridgewood Ave Cape Canaveral, FL 32920 LEGAL: OCEANS GATE LOT 1 PLAT BOOK 0031 PAGE 0071 Respondent, / AMENDED ORDER IMPOSING PENAL TV 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 April 19, 2007 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. Findinas 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 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches, & Balconies, of the Internationa! 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; 3. That Respondent 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; 105 Polk Avenue .. Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SlJNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com Case #06-00062 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches, & Balconies, 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 appeared in person at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 25,2007. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until Auqust 23, 2007, 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 and 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 shaH 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, Articie VI. Case #06-00062 DONE AND ORDERED at Cape Canaveral, Florida, this 25th day of June, 2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE NA VERAL, FLORIDA Copies furnished to: Marsha K. & Kent C. Howe, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this 77 day of ~J '\'e.- ,2007. ~ ~/ L:::> ,.",~,e.'""", Joy Lombardi, Board Secretary I~//. .\, /) I / j : /~/J~ r-) \ IflJ-l~ /~ /7 '/'~__,___,___ \ Duree Alexander, Code Enforcement Officer (r- E-~RTIFI~0 IrHllLtl:. 1<10Cit1 3LEO CCOI3l~tll(;CD(P City of Cape Canaveral Code Case:2007 -00133 Date: 1/08/2008 V. French C Lanham, Property Owner Owner( s) of the property located at: 244 Cherie Down Lane, Cape Canaveral, FI Respondent( s) French C Lanham, Property Owner NOTICE OF COMPLIANCE HEARING FOR CODE ENFORCEMENT BOARD ORDER PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) January 8, 2008, described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated October 18, 2007, requiring the respondent(s) to correct such violation(s) by January 17, 2008; an Order Imposing Penalty on First Violation dated October 19, 2007. The respondent was present at the duly noticed Compliance Hearings held by the Code Enforcement Board on October 18, 2007. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 303, Exterior Structures; Section 303.13, Handrails and Guards, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances, which exist or existed upon the property and respondent was further provided a reasonable time to correct said violation. The undersigned Code Enforcement Officer is hereby initiating a compliance hearing on January 17, 2008, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 244 Cherie Down Lane, Cape Canaveral, FI 2. Name and address of owner(s) of Property where violation(s) exist(s): French C Lanham, Property Owner 244 Cherie Down Lane Cape Canaveral, FI 32920 3. Description of violation(s) at Property: //\\ Sec. 82-221ilnternational Property Maintenance Code Adopted" r' /! n I J l",( :1 2' it / ,/" ./,r, ',_, " . \ I\.~{/{L{ Y-_J...LA.....?:-/(L/7....~-e____ , DureE; AIE;Xqnder ' ,,- Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 e Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 e SUNCOM: 982-1220 · FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #07-00133 A Florida municipal corporation, Complainant, v. French Lanham Owner of the Property located at: 244 Cherie Down Lane Cape Canaveral, FL 32920 LEGAL: BEACH PARK VILLAGE, A REPLAT OF A PORTION OF LOT 36 PLAT BOOK 0036 PAGE 0011 Respondent, / ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on October 18, 2007 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. Findinas 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 303, Exterior Structures; Section 303.13, Handrails and Guards, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code; and Section 34-98, Building Appearance and Maintenance, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 3. That Respondent 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; 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAt'\.: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@d1.rr.com Case #07-00133 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 303, Exterior Structures; Section 303.13, Handrails and Guards, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code; and Section 34-98, Building Appearance and Maintenance, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until January 17, 2008, 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 fifty dollars ($50.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 18th day of October, 2007. CODE ENFORCEMENT BOARD OF THE CITY OF CAPEG.~NAVERAL, FLORIDA '77 )/<;" ./ ,J, .' ...." /'i/i I i it. t &~ j /, \( (.}",;/(: l l_" , I Mary Rus~ell, Chairperson :_J Case #07-00133 Copies furnished to: French Lanham, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this ~ day of 6C-rDbcr- ,2007. ~~~ Joy Lom ardl, Board Secretary / /.~~ ~. ... .- " . .:/ ./. / -.--. , I1tv<-~~--~ j -~L-----~ Michael Richart, Code Enforcement Officer City of Cape Canaveral CITY OF CAPE CANAVERAL Case No. 2006-00126 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 518 Harrison Avenue, Cape Canaveral Respondent(s) Wiliiam M. Forrester, Jr. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation{s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. qATED this 8th day of January, 2008 /< / /7/ ;;.:~ .. / /-)_ " 1/.." "V If.. '7 11'..); /,) Iii b( //i /' f ,eLf J/ f ':1/< .)-'---'-_- , Duree Alexander . Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@dlrr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Date: 12/08/2006 THE CITY OF CAPE CANAVERAL, Case No: 2006-00126 A Florida municipal corporation, Complainant, v. Owner of the Property: William M. Forrester, Jr. Respondent( s): William M. Forrester, Jr. PURSUANT to Section 162.06, Florida Statues, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violations(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) islare herby notified that corrective action(s) to correct the violation(s) described below islare to be voluntarily performed within fifteen (15) days from receipt of this notice. In the event that the violation(s) islare not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) islare 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) haslhave been corrected. IF THE VIOLA TION(S) ISIARE 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): 5i8 Harrison Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist(s): William M. Forrester, Jr. P.O. Box 21066 Kennedy Space Center, FI 32815 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 wv,rw.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at property:Sec. 82-31. Florida Building Code adopted. The Florida Building Code 2004 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. Florida Building Code Chapter 104 Section 104.1.1 Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system or to cause any work to be done shall first make application to the building official and obtain the required permit for work Florida Building Code Chapter 105 Section 105.4, The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas mechanical or plumbing system upon completion. Sec. 82-221, "International Property Maintenance Code Adopted", (lPMC)The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. IMPC Sec 303-11; Stairways, decks, porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with property anchorage and capable of supporting the imposed loads. A site visit to your property revealed a carport constructed without a permit and your balcony railings are missing, which could potentially be a safety hazard. 4. Recommendation to correct the violation(s) described above: You must obtain a permit and the required approved inspections for the structure you have erected without a permit. You must repair/replace the railings on your balcony. You will be required to obtain a permit and the required approved inspections. You may obtain the permit as an owner/b.uilding as long as the unit is not rental property. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action(s) 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 recommendation(s) contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. /I , / J '/ -'/ I j 1/:'" /J ' ; ! ,/ / / . j /,./,c' ,1 . /),jI /....-4 --r.._1 ... /. ///&WtLCfL/~yc:C.t/;7U:rL:g: ! ' Duree Alexander Code Enforcement Officer City of Cape Canaveral CITY OF CAPE CANAVERAL Case No. 2007-00134 Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: 241 Cherie Down Lane, Cape Canaveral, FI Respondent( s) Susan & Anthony Bernarducci, P. O. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17, 2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. /DPTED this 8thd)YO~ january, 2008 f I , // . J ~.. J' \ J0~/fu. ~ 111( ." -~ (} .I ~"'7 . l/ .-/K<:>L-t:~~ .-- Duree Alexander { Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 · FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2007-00134 A Florida Municipal Corporation, 7/17/2007 Complainant, v. Owner( s) of the property located at: 241 Cherie Down Lane, Cape Canaveral, FI Respondent( s) Susan & Anthony Bernarducci, P. O. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15 ) days. In the event that the violation(s) islare 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 IMMEDIA TEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 241 Cherie Down Lane, Cape Canaveral, FI 2. Name and address of owner(s) of property where violation(s) exist: Susan & Anthony Bernarducci, P. O. 29 Colville Road, Wayne, NJ 07470 105 Polk Avenue 8 Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape .. email: ccapecanaveral@dl.rr.com 3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code adopted. Sec. 105.1 & 109.1 Florida Building Code-Permits & Inspections FLBC 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 electrical, gas, mechanical or plumbing system, the installation to 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. FLBe 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. A site visit on 6/28/07, revealed exterior work being done to your property, without the required permits and the work was stopped until such time as the permit(s) are obtained by a licensed contractor. 4. Recommendation to correct the violation(s) described above: Obtain the required permit and the approved final inspection(s) for the structural work, window replacement, sliding glass door replacement, siding replacement and balcony replacement. 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 -,...--..." ,.-'cont!3ined herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of ,1/ Cape Canaveral. "17 ~""; / ~..-7 I i , i ~/ \. ,Ii /, ~{ / /.22/~ i ~....... -.,.".,,' -'~"'...".".".., , ree Ale an er ' Code Enforcement Officer --'"'..~- Complete items 1, 2, and 3, Also complete A. ignature item 4 if Restricted Delivery is desired. ~ 0 Agent P'~ yO"' o=e aod "'dreos DO the ffive, :o~Q 'M' 1'-tt. ~d=~ so; at we can return the card to you. iii1 ~ ~eceiv by ( ted Name) C', Date of Delivery Att: ch this card to the back of the m " - . . I. 1";' uU or n the front if space permits. ~ ~ . ^.' ^ _ _ u::z;J;( 1S'd,e lery ddress different from item 1? 0 Yes r.rtlcle Addressed to: Z'" \E. en r delivery address below: 0 No a.z.i .~. 'cr,; -j&.- \ .. Q .~. f?Pl usan & Anthony Bernarducci;c. \ ' 9 Colville Road -",,- \layne, NJ 07470 . ..9/'ServpType - mertified Mail ~ress Mail o Registered :::.J Return Receipt for Merchandise -- "---- we.G.D. w insured rv1aii 4. Restricted Delivery? (Extra Fee) Dyes Articie Number 7006 3450 oero 1 3967 6096 (Transfer from service iabel) . Form 3811, February 2004 Domestic Return Receipt VI/3JIMV 102595-02-M-1540 City of Cape Canaveral CITY OF CAPE CANAVERAL Case No. 2007-00151 Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: 8101 Astronaut Blvd. Cape Canaveral, FL. 32920 Respondent( s) Banana River Petro, LLC, P.O. C/O Stephen M. Stone, Esq. RA Pod Vending, Inc. Business Owner C/O Jay Jasperson, R. A. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 17,2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "An 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. /BATED this 8th day of January, 2008 / j /' i/7;" /f I i I .... / L!' . '/ '. L ;' I ^,-_.(tt/U!..(L..-,,,lrL;k C;;VJt'L.-Tb---=- \ Duree Alexander ( \, Code Enforcement Officer 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 · SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2007-00151 A Florida Municipal Corporation, 8/29/2007 Complainant, v. Owner(s) of the property located at: 8101 Astronaut Blvd. Cape Canaveral, FL. 32920 Respondent( s) Banana River Petro, LLC (Property Owner) C/O Stephen M. Stone, ESQ R.A. Pod Vending, Inc. (Business Owner) C/O Jay Jasperson 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 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): 8101 Astronaut Blvd. Cape Canaveral, FL. 32920 2. Name and address of owner(s) of property where violation(s) exist: (A) Banana River Petro, LLC (Property Owner) C/O Stephen M Stone, ESQ R.A. 725 North Magnolia Ave. Orlando FI. 32803 (B)pod Vending (Business Owner) Jay Jasperson R.A. 5325 N U.S. Highway 1, Mims, FI. 32754 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone; (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com 3. Description of Violation(s) at property: BANN Sec. 94-76. Temporary on-premises signs. (a) A temporary sign may be erected 30 days prior to the opening of a new business and not to exceed 30 days after the opening date. On 8/15/07 a courtesy notice was sent requesting you remove the Banner due to the expiration of permit #5054. To date the banner has not been removed. 4. Recommendation to correct the violation(s) described above: You must remove the banner immediately. Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. Michael Richart Code Enforcement Officer City of Cape Canaveral January 8, 2008 Michael Sexton Certified Mail # 7006-0100-0002-0935-3787 11304 Weston Point Suite 104 Brandon, FL 33511 RE: Code Enforcement Case 2007-00095 Dear Mr. Sexton: This letter is to inform you that City staff will be requesting the Code Enforcement Board of the City of Cape Canaveral to authorize the City Attorney to foreclose on the lien that was filed against your property on June 25, 2007. Per Florida Statute, Section; 162.09 (3), which states in part: A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. Since no action has been taken to resolve this issue this case will be heard before the Code Enforcernept Board on January 17, 2007. You have the right to attend this meeting to provide any qqditional infonnation in regards to this Case. ~tri'yerely . J //' _' / J //A'--"'~/ ~ ...., ,{ i':t ...., . ~ " ., .. ,.. / .,." , f . "".. ,/I"", . i I./J lZ~f!..i(, . '. _k#(jC"-~_:;;f--.___.___ I' uUree Alexander . , ' Code Enforcem~nt Officer City qf C~tpe Canaveral 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248 www.myflorida.com/cape . e-mail: ccapecanaveral@cf1.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #07-00095 A Florida municipal corporation, Complainant, v. CFN 2007161744, OR BK 5791 Page 6887, Recorded 06/29/2007 at 08:57 AM, Scott Ellis, Clerk of Michael S. Sexton Courts, Brevard County Owner of the Property located at: # Pgs:4 201 International Dr. #222 Cape Canaveral, FL 32920 LEGAL: UNIT #222 THE OAKS CONDO PH II AS DESC IN ORB 2466 PG 2562 AND ALL AMENDMENTS THERETO Respondent, / ORDER IMPOSING PENAL TV ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on June 25, 2007 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. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105,1, Required; Section 109,1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code; and Section 603.1, Mechanical Equipment; Section 605.1, Installation, 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; 3. That Respondent 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; 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com Case #07-00095 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code; and Section 603.1, Mechanical Equipment; Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent was given a reasonable time to correct the violation of the City Code on the Property and Respondent failed to correct said violation; and 2. A fine will be immediately entered in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 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 vioiation(s) is I are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance \.^Iith Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 25th day of June, 2007. CODEENFORCEMENTBOARDOFTHE CITY OF CAPE CANAVERAL, FLORIDA Case #07-00095 Copies furnished to: Michael S. Sexton, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this ;::n day of S-,..:ne- , 2007. ~~~o, /, '/#~ Joy Lo bardi, Board Secretary ",///"...~)\ /;jd/"\ / ,/ I /~-"''''#'' /// ( ~~i pa4 - ~. uree exander, Code Enforcement Officer