HomeMy WebLinkAboutAgenda Packet 02-21-2008
City of Cape Canaveral
AGENDA
CODE ENFORCEMENT BOARD
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111 POLK AVENUE
FEBRUARY 21, 2008
7:00 P.M.
Cal! to Order
Roll Call
Establish Next Meeting Date: March 20, 2008
NEW BUSINESS:
Approval of Meeting Minutes: January 17, 2008
Election of Vice-Chairperson
COMPliANCE HEARINGS:
1. Case No. 07-00117 - Violation of Section 34-98, Building Appearance &
Maintenance; Section 34-96, Standards Established; Section 82-12, Unsafe
Buildings or Systems; Section 82-56, Standard Unsafe Building Abatement Code
Adopted; and Section 110-334, Special Exceptions Permissible By the Board of
Adjustment, of the City of Cape Canaveral Code of Ordinances, (104 Monroe
Ave.) - Dawn M. Heath, RA.
PUBLIC HEARINGS:
1. Case No. 08-00005 - Violation of Section 70-71 j Engaging in Business Without
Paying Tax or Making Reports; Section 70-69, Receipt Required; Section 70-75,
Penalty for Failure to Obtain or Renew Receipt; Section 30-27 Alarm Permit
Required; and Section 70-68 Violation; Penalty, of the City of Cape Canaveral
Code of Ordinances, (8803 N. Atlantic Ave.) - Jeffrey R Sauer, RA.
2. Case No. 07-00215 - Violation of Section 105.1, Required; and Section 109.1
General, of the Florida Building Code, as adopted by Section 82-31; Section 94-
31, Permit Required; Section 22-40, Approval Prerequisite for Permits; and
Section 94-4, Exemptions, of the City of Cape Canaveral Code of Ordinances,
(8501 Astronaut Blvd.) - Pantelis Markogiannakis, Owner.
3. Case No. 07-00206 - 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, (7004 N. Atlantic Ave.) - Mary M. Beasley,
Trustee.
105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 · SUNCOM: 982--1222 · FAX: (321) 868-1247
ww-w.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com
Code Enforcement Board
Agenda
February 21,2008
Page 2
4. Case No. 07-00158 - 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, (118 Washington Ave.) - Russell T. Rose,
Property Owner.
Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal
any decision made by the Code Enforcement Board with respect to any matter considered at this meeting,
that person will need a record of the proceedings, and for such purpose that person may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for the introduction or
admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral
City Council, Board of Adjustment, Planning & Zoning and 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.
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CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JANUARY 17, 2008
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on January 17, 2008, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral,
Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary
called the roll.
MEMBERS PRESENT
Mary Russell Chairperson
Craig Stewart Vice Chairperson
Charles Biederman
Walter Godfrey
James Hale
Karen Hartley
Raymond Viens
Edward Ciecirski 1 st Alternate
Lynn Mars 2nd Alternate
OTHERS PRESENT
Todd Morley Building Official
Joy Lombardi Board secretary
Bob Haag Mayor Pro T em
Kate Latorre Assistant City Attorney
The Board members established that the next meeting would be held on February 21,
2008.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: October 18. 2007.
Motion by Mr. Biederman, seconded by Mr. Godfrey, to approve the meeting minutes of
October 18, 2007, as written. Vote on the motion carried unanimously.
Code Enforcement Board
- Me-etin~rMinUte-s-- -- --------.---- --- - -- ---- -----".,~ - -- - -- - - - -.-.- .- - -- -- - - - - ---------
January 17, 2008
Page 2
COMPLIANCE HEARINGS:
1. Case No. 06-00059 - Violation of Section 82-221. International .. Property
Maintenance Code (IPMC) Adopted; IPMC Section 108.1. General; IPMC Section
108.1.1. Unsafe Structures; Section 82-31. Florida Buildinq Code Adopted;
Sections 104.1.1. and 105.4. Florida Buildinq Code - Permits & Inspections. of the
City of Cape Canaveral Code of Ordinances. (7902 Ridqewood Ave.) - Michael
Conroy. 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 an unsafe structure and work without the required permit and inspections. Officer
Alexander stated that the respondent has obtained the permit, but not the approved final
inspection. Ms. Alexander further stated that the permit would not expire until June 1,
2008.
Officer Alexander requested that the Board find the respondent in non-compliance and be
given until June 1, 2008 to come into compliance or the fine of one hundred dollars
($100.00) for the first day and seventy-five dollars ($75.00) everyday thereafter be
retroactively imposed beginning on October 18, 2007.
Michael Conroy testified that the balcony failed the City inspection due to the fact that the
builder did not secure the brace according to the engineered plans. Mr. Conroy stated that
as soon as he can get a determination from the engineer, he would submit a revised plan
or make the required changes and call for the final inspection. Discussion followed.
Motion by Mr. Stewart, seconded by Mr. Viens, to accept staff's recommendation and give
the respondent until June 1, 2008 to come into compliance or the fine of one hundred
dollars ($100.00) for the first day and seventy-five dollars ($75.00) everyday thereafter be
retroactively imposed beginning on October 18, 2007. Vote on the motion carried
unanimously.
') Case No. 06-00062 - Violation of Section 82-221. International Property
4..
Maintenance Code (IPMC) Adopted: IPMC Section 108.1. General: IPMC Section
108.1.1. Unsafe Structures: Section 303.11. Stairways. Decks. Porches. &
Balconies. of the City of Cape Canaveral Code of Ordinances. (7908 Ridgewood
Ave.) - Marsha K. & Kent C. Howe. 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 an unsafe structure and stated that the respondent has obtained the required permit
but not the approved final inspection. Ms. Alexander further stated that the permit would
not expire until April 19, 2008.
Officer Alexander requested that the Board find the respondent in non-compliance and be
given until April 19, 2008 to come into compliance or the fine of one hundred and fifty
doBars ($150.00) for the first day and one hundred daHars ($'100.00) everydaY Ulcieafter
be retroactively imposed beginning on August 23, 2007. Discussion followed.
Code Enforcement Board
Meeting Minutes
--------- ---JEmUaIY1"T,-2008 - - - - __m_ -.,,--------- -- - - .--'- -- ""--- - - ---
Page 3
Motion by Mr. Stewart, seconded by Mr. Hale, to accept staff's recommendation and give
the respondent until April 19, 2008 to come into compliance or the fine of one hundred and
fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) everyday
thereafter be retroactively imposed beginning on August 23,2007. Vote on the motion
carried unanimously.
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, Buildinq Appearance and Maintenance. of the Citv of Cape
Canaveral Code of Ordinances, (244 Cherie Down Ln.) French Lanham. Property
Owner.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
PUBLIC HEARINGS:
1. Case No. 06-00126 - Violation of Section 104.1.1. and 105.4, Permits &
Inspections. of the Florida Buiidinq Code. as adopted by Section 82-31 of the City
of Caoe Canaveral Code of Ordinances. (518 Harrison Ave.) VViliiam rv1. Forrester.
Jr.. Property Owner.
Code Enforcement Officer, Duree Alexander provided an overview of the Case histof\j and
presented exhibits for the Board's review. Officer Alexander testified that the respondent
replaced an aluminum structure without the required permit and inspections. Officer
Alexander stated that the respondent has obtained the permit, however did not pass the
final inspection due to the fact that the structure is encroaching in the setbacks, and the
driveway and parking requirement has not been completed. Ms. Alexander explained that
\A/hen the respondent moved the structure over to his property line, he created a parking
problem with his neighbor, which was to be addressed with the change of the driveways;
however, his neighbor will not respond. Officer Alexander further stated that the permit
has expired.
William Forrester, Jr., property owner, testified that the carport structure was damaged
during the hurricane season of 2004; and it was his understanding that no permit was
required to repair it. Mr. Forrester stated that he wanted a stand-alone carport, however
the City's Community Appearance Board denied the request. He explained that he tried to
recover any of the undamaged portions of the carport and move&the structure west to his
property line in an effort to avoid the encroachment of the setbacks. This created a
parking problem with his neighbor that he worked out with the building department;
whereby he was to take out the grass area and replace it with pervious paving along the
entire front of the complex so that the neighbors would be able drive straight in. However,
the neighbors are not willing to help with this effort due to the fact that they seem to be
content with driving over the grass, as they always have. Mr. Forrester further stated that,
upon the City's inspection, he was told that the structure still encroached on the setback
one foot and four inches. Mr. Forrester asked the City Attorney if he could be required to
allow the neighbor to park on his property or if he could be required to pave property that
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------ -------Cooe- EnforcemenfSoara-- -------- ----------- - - -------------------- ----------- - -------
Meeting Minutes
January 17, 2008
Page 4
Assistant City Attorney, Kate Latorre, replied that the focus is to resolve the violation
without encroaching on the setbacks. Attorney Latorre explained that whether a neighbor
will be parking on one's property is a neighborly issue to be worked out between
neighbors. She further stated that the two options presented are intended to bring the
issue into compliance.
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, and be given until June 6, 2008 to come into compliance or be fined fifty
dollars ($50.00) for the first day and twenty-five dollars ($25.00) per day thereafter until
found in compliance. Discussion followed.
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find
the respondent in violation of Section 105.1, Permit Required; and Section 109.1,
Inspections General, of the Florida Building Code, and be given until June 6, 2008 to come
into compliance or be fined fifty dollars ($50.00) for the first day and twenty-five dollars
($25.00) per day thereafter until found in compliance. Vote on the motion carried
unanimously.
') Case No. 07-00134- Violation of Section 105.1. Reauired: and Section 109.1
L...
General. of the Florida Buildina Code. as adopted by Section 82-31. of the City of
Cape Canaveral Code of Ordinances. (241 Cherie Down L:::L) S'IS;::ln & Anthnnv
Bernarducci, Property Owner.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance,
3. Case No. 07-00151 - Violation of Section 94-76(a), Temporary On-Premises
~igns, of the City of CaDS Canaveral Code of Ordinances. (8101 ,A,stronaut Blvd.)
Banana River Petro. LLC. P.O.. clo Stephen M. Stone, Esq. RA.. Property Owner:
Pod Vendina. Inc.. clo Jav Jasperson, RA., Business Owner.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
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)
Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history
stating that the Code Enforcement Board found the respondent in violation on June 25,
2007 and fines were imposed in the amount of $100.00 for the first day and $50.00 for
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thousand four hundred dollars ($10,400.00) not including staff time or other miscellaneous
costs incurred to foreclose on the lien.
Code Enforcement Board
~~~~~~-~Meetlng~Mlnotes~~~--~~~~~~~~~~~~------~------ ..... umumuu -. uu.mu.__._..~.__~ ---~-----'------'--'--"-"
January 17, 2008
Page 5
Officer Alexander respectfully requested that the Board recommend that the City Attorney
foreclose on this non-homesteaded property.
Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staff's recommendation for the
City Attorney to begin foreclosure action on the property. Vote on the motion carried
unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:08 P.M.
Approved on this day of ,2008.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
. .~" ..--- ----- ---Ci-ty-()t6ape-CaaaveEal---------
CITY OF CAPE CANAVERAL Code Case:2007 -00117
A Florida Municipal Corporation, Date: 2/12/2008
Complainant,
V.
Dawn M. Heath, R. A.
Owner(s) of the property located at
104 Monroe Avenue, Cape Canaveral
Respondent( s)
Heath & Heath Systems, Inc
Dawn M. Heath, R. A. (Director)
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) February 12,
2008, described below, has not been corrected pursuant to the entry of an Order by the Code
Enforcement Board dated August 23,2007, requiring the respondent(s) to correct such violation(s) by
February 21, 2008; an Order Imposing Penalty on First Violation dated August 23, 2007.
The respondent was present at the duly noticed Compliance Hearings held by the Code Enforcement
Board on August 23, 2007. The respondent has violated the City of Cape Canaveral Code of Ordinances,
to wit: Section 34-98, Building Appearance & Maintenance; Section 34-96, Standards Established; Section
82-12, Unsafe Buildings or System; Section 82-56, Standard Unsafe Building Abatement Code Adopted;
and Section 110-334, Special Exceptions Permissible by the Board of Adjustment, of the City of Cape
Canaveral Code of Ordinances, ....hich 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 February 21,
2008, before the Code Enforcement Board,
1. Property where violation(s) exist(s):
104 Monroe Avenue, Cape Canaveral
2. Name and address of owner(s) of Property where violation(s) exist(s):
Heath & Heath Systems, Inc.
Dawn M. Heath, R. A. (Director)
7814 N Atlantic Avenue
Cape Canaveral, FI 32920
3. Description of violation(s) at Property:
,l'Sec.34-98 Building appearance and maintenance
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Duree Alexander /'
Code Enforcement Officer
105 Polk Avenue" Post Office Box 326 " Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 " SUNCOM: 982-1222 .. FAX: (321) 868-1247
wvvw.myflorida.com/cape fi email: ccapecanaveral@cfl.rr.com
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....---Citye!-bape-Gall-averal.--. --
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
CITY OF CAPE CANAVERAL, Case #07-00117
Florida municipal corporation,
Complainant,
v.
Heath & Heath Systems, Inc
c/o Dawn Heath, R.A. (Director)
Owner of the Property located at:
104 Monroe Ave.
Cape Canaveral, FL 32920
LEGAL: A vaN BY THE SEA LOTS 9, 10, II BLK 19 PLAT BOOK 0003 PAGE 0007
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 August 23, 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.
Findim:;s 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 piOvided 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 34-98, Building Appearance & Maintenance; Section
34-96, Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56,
Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions
Permissible By the Board of Adjustment, 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, was present at the hearing, and testified
that the structure was unsafe and should be demolished;
105 Polk Avenue Q Post Office Box 326 · Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 · SUNCOM: 982-1222 Q FAX: (321) 868-1247
www.myflorida.com/cape · email: ccapecanavera]@cfl.rr.com
Case #07-00117
+i3'iJ~__..._.. _A~_._ __. Tbatbased_QD_tbe.Jestimon}cand.evidence_presentedrResponden!-has.-violated
the City Code, to wit: Section 34-98, Building Appearance & Maintenance; Section 34-96,
Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Standard
Unsafe Building Abatement Code Adopted; and Section 11 0-334, Special Exceptions
Permissible By the Board of Adjustment, 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 February 21, 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 aU 'Jiolations on the property vv'ithin 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. ft..hy and aU future recurrence(s) of any violation(s) addressed herein after sai~J~le
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 23rd day of August, 2007.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE C VERAL, FLORIDA
Mary Russ~I., Chairperson
V
Case #07-00117
Copies furnished to:
Heath & Heath Systems, Inc
c/o Dawn Heath, R.A. (Director)
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 ..21.( day of AU:fo.') T ,2007.
~~.~
Joy I?' rnbardi, Board Secretary
Duree Alexander, Code Enforcement Officer
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;~_i;-----------___~_Cit}[--ofCape-Cana"\let"al. - -~---
THE CITY OF CAPE CANAVERAL Case No. 2008-00005
A Florida Municipal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner(s) of the property located at:
8803 N Atlantic Avenue, Cape Canaveral
Respondent( s)
Jeffrey R. Sauer, R.A.
James F. Cannon, Jr. P.O.
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on
February 21, 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
vio!ation(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.
DAlED this 12th day of Februarv, 2008
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Duree Alexander
Code Enforcement Officer
105 Polk Avenue Q Post Office Box 326 · Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 · SUNCOM: 982-1222 e FAX: (321) 868-1247
W\vw.myflorida.com/cape Q email: ccapecanaveral@cfl.rr.com
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CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2008-00005
A Florida Municipal Corporation, 1/29/2008
Complainant,
v.
Owner( s) of the property located at:
8803 N Atlantic Avenue, Cape Canaveral
Respondent( s)
Jeffrey R. Sauer, R.A.
James F. Cannon, Jr. 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 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 vialarion(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 viofation(s) exist(s):
8803 N Atlantic Avenue, Cape Canaveral
2. Name and address of owner(s) of property where violation(s) exist:
James F. Cannon, Jr.
6845 Grissom Pkwy
Cocoa, FI 32927
105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247
v/ww.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com
-- u--f>age2_________ __ .. _H_____ ---- --------------- --- .~---~._.,- "- --~--------- .~.,_..~....-".._.~,,--'''-_..--_._-
2007-00226
The Finance Department has requested that Code Enforcement notify you that your Local Business
Tax Receipt to due business, your Coin Operated Devices permit, and your Security Alarm permit have
not been renewed since 2005.
This is a violation of the below referenced City of Cape Canaveral Code of Ordinances.
3. Description of Violation(s) at property: Sec. 70-71, Engaging in business without paying tax or
Sec. 70-7i. Engaging in business without paying tax or making reports.
It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or
conduct any of the businesses, occupations or professions specifically enumerated in this article without
paying the local business tax required by this article in the manner provided in this article or to fail to make
any reports to the city treasurer as required or to violate any other section of this article.
Sec. 70-69. Receipt required; payment of tax prerequisite to issuance.
Each person who shall engage in, transact or manage or be the agent for any business or who shall
perform or offer to perform services or sell goods, advertise goods for sale or perform services or solicit or
advertise the performance of services for any of the businesses, professions or occupations mentioned in
this article shall first procure a local business tax receipt from the city and shall, upon procuring the receipt
and before the issuance of the receipt, pay the amount of local business tax required as provided in
section 70-89.
Sec. 70-75. Penalty for failure to obtain or renew receipt.
(a) Any person who engages in or manages any business, occupation or profession without first
obtaining a receipt required under this article is subject to the penalty stated in F.S. & 205.053(2), or any
successor statute.
(b) Any person who engages in any business, occupation or profession covered by this article who
does not pay the required local business tax within 150 days after the initial notice of tax due and who
does not obtain the requiied local business tax receipt is subject to the civil action, penalties, costs and
attorneys' fees provided in F.S. ~ 205.053(3), or any successor statute.
Sec. 30-27. Alarm permit required; fee; renewal.
(a) It shall be unlawful for any person to operate an alarm system without a valid alarm permit.
(b) All alarm permits issued prior to the effective date of this article shall expire on September 30,
2003, when all permits are subject to renewal and must be renewed in accordance with the provisions of
this article. However, all alarm users must report any changes in emergency contact information.
Sec. 70-68. Violation; penalty.
(a) Each day of sale or disposal of merchandise or engaging in a business or occupation without
complying with this article shall constitute a separate and distinct violation of this article.
(b) Any person violating this article shall, upon conviction, be punished as provided in section 1-15.
4. Recommendation to correct the violation(s) described above:
Renew your expired Business Tax Receipt, Coin Operated Device License and your Alarm Permit.
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
co9J:C/ined herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of
lPJ canaveil; , ... )
vi /d~/triZta;fll-
\ Cruree ~exander
Code Enforcement Officer
---Cit}Lof-Cape-Canavetal--- ------------
THE CITY OF CAPE CANAVERAL Case No. 2007-00215
A Florida Municipal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner(s) of the property located at:
8501 Astronaut Blvd., Cape Canaveral
Respondent( s)
Pantelis Markogiannakis
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on
February 21,2008 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) islare corrected
pursuant to Section i 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.
DATE-D this 12th day of February, 2008
/\
/ I ./1 ~
f! i '1l!& /7 Q
{f I .\ /
,(..~tfA.U. ~~//uJCa/1(. ___.
Duree Alexander
Code Enforcement Officer
105 Polk Avenue .. Post Office Box 326 " Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FA.I'{: (321) 868-1247
w\vw.rnyflorida.com/cape .. email: ccapecanavera1@cf1.rr.com
"
,..f
- CityofuCape- Canave~al- - ----.-- --
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2007-00216
A Florida Municipal Corporation, 12/07/2007
Complainant,
v.
Owner(s) of the property located at:
8501 Astronaut Blvd., Cape Canaveral
Respondent( s) -'-'-----,--'
Pantelis Markogiannakis
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 Girl of Cape Canaveral Code Ordinancest as more specifically described belov\'.
Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below
is/are to be vofuntariiy performed 'vvithin fifteen (15) days.
Iii the event that the vioiation(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 vialation(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):
8501 Astronaut Blvd., Cape Canaveral
2. Name and address of owner(s) of property where violation(s) exist:
Panteiis Markogiannakis
1850 Charlesmont Drive #128,
Indialantic, FL 32903
105 Polk Avenue e Post Office Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 e SUNCOM: 982-1222 .. FAX: (321) 868-1247
www.myflorida.com/cape .. email: ccapecanavera1@cfl.rr.com
t
------------ - ~-_._--_._----_.._--_._---,. - - ------ ~----- ------ --~- ------- - -------- ----
The Charpber of Commerce has erected a wall sign and added a sign to the existing ground sign,
without the approval of Community Appearance Board and has not obtained the required permit and
inspection(s). In addition, they have covered more than the allowed twenty-five percent of their two front
windows.
3. Description of Violation(s) at property: Sec. 82-31. Florida Building Code (FLBC) adopted.
The existing Standard Building Code, 1998 edition, as published by the Southern Standard Building
Code Congr~ss International, Inc., is hereby adopted by reference and incorporated herein as if fully set
I"'\.IIJ
VUl..
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, remoye, 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.
FLBC 109.1 General; Construction or work for which a permit is required shall be subject to inspection
by the buildirg 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 t?~iolate or cancel the provisions oft~iscode or of otherordinancesQf!b~jLlri:s<:fic.:ti()nshClII
. _ notbevalid.-It shallbetheautyoftfiepeHinif appl1eafit tocaTlsethewofK 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.
Sec. 94-31. Permit required; (a) Except as other'.^/ise provided in this chapter, it shall be unIav'Ylul fOi
any person to paint, erect, construct, enlarge, move or make structural alterations to any sign within the
city or cause such to be done without first obtaining a sign permit for each such sign from the building
official.
. Sec. 2210: Approval prerequisite for ~ermit~; ~a) Without exceptic:n,. all plans, elevations, propos~d
signs for bUildings or structures and extenor bUilding and roof colors WIthin the C-1, C-2, and M-1 zoning
districts, or alterations thereto, shall be approved by the community appearance board, or by the city
council undEtr limited circumstances provided in this article, before a permit is issued for any building,
structure, sign or other development of property, or appurtenances or alterations thereto, which have an
exterior visupl impact or effect on the cornmunity.
Sec. 94-4. Exemptions; (11) Window signs that do not exceed 25 percent of the total individual glazed
area and ar~ placed in the upper or lower half of the individual glazed area. Further, the sales transaction
area, as well as any other areas that may be deemed as necessary for viewing for safety purposes by a
law enforcement agency, shall not be obstructed from view from the outside of the building
4. Recommrndation to correct the violation(s) described above:
You mus obtain Community Appearance approval for the new signage.
You must obtain a permit and the required inspection(s) for the new wall sign and the additional
signage to trye existing ground sign.
All businesses located on your property must comply with the requirement of Sec. 94-4, regarding the
amount of area allowed to be covered by window signage.
_ .. _ .FC3ilufE:! to COIJ1RI~ witlJio JiftE:!en (jO). QClYS JIoJD_receipLQ( this. Notice_shallJesulLin furtheLClction,Cls _ _ ---------
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.
/JA"d]/,,/?/O _ n
~ .- .....~~.....,.. \"/"-/l-'-A.:../'~
Duree Alexander
Code Enforcement Officer
~.
'" , z' < I ~ .. f - > '~ClI ' ,. J ,
"I OER: ,COMP,L'liTE''T,H1SSECT10N' '<:' ,;".' .' . 'coMPi.'ETETHIS S1;CTlON ON DELIVERY .
,,-- - ~'~~~:~2~"=':==-':":..-=L}.;:~~ _:':________ ~ __, "___~________~___
Complete items 1, 2, and 3. Also complete
itei~: 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Afff3ch this card to the back of the mail piece,
o~lon the front if space permits.
cJ}ide Addressed to:
lntelis Markogiannakis
:SO Charlesmont Drive #128
dial antic, FL 32903 3. ~e Type
Certified Mail ~ss Mail
o Registered elurn Receipt for Merchandise
o Insured Mail o C.O.D.
4. Restricted Delivery? (Extra Fee) DYes
~rticle Number 7006 3450 0001 3967 7406
Transfer from service label)
Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
~City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Case No. 2007-00206
A Florida Municipal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner( s) of the property located at:
7004 N Atlantic Avenue, Cape Canavera, FI
Respondent( s)
Mary M. Beasley, Trustee
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on
February 21, 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 rea!
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.
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 s email: ccapecanayeral@cfl.rr.com
--uu-City-of--Cape Canaveral----
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL Case No. 2007-00206
A Florida Municipal Corporation, 11/26/2007
Complainant,
v.
Owner(s) of the property located at:
7004 N Atlantic Avenue, Cape Canavera, FI
Respondent( s)
Mary M. Beasley; Trustee---n------
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 heieby notified that corrective action(s) to cure the vioiation(s) described below
is/are to be voluntarily performed within fifteen (15 ) days.
In the event that the violation(s) is/are not corrected within the time period set forth above or the
violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be
required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a
penalty as provided below may be imposed.
The Code Enforcement Board rnay enter an order requiring the Respondent(s) to correct the vioiation(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
ViOLA TiON(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):
7004 N Atlantic Avenue, Cape Canavera, FI
2. Name and address of owner(s) of property where violation(s) exist:
Mary M. Beasley, Trustee
2657 Driftwood Lane,
Titusville, FL. 32780
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
- - - - - -
- .-- -. -- -- -- - - - -
3. Description ofViolation(s) at property: Sec. 82-31. Florida Building Code (FLBC) adopted.
The existing Standard Building Code, 1998 edition, as published by the Southern Standard Building
Code Congress International, Inc., is hereby adopted by reference and incorporated herein as if fully set
o~ .
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, eniarge, 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.
FLBC 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
f()f iflspection Jlurp()ses.l\leith(':r t~(':building offici~I flor the jurisdiction shall be liable for expense entailed
in the removal or replacement of any materian'equired toallowTnspettion~--u--
A site visit of Mat Roland Seafood Company, Inc., located in unit 7004, revealed new plumbing,
electrical work and a new freezer installed with out permits and the required inspections. Staff also
observed exposed electrical and the ceiling in the bathroom failing due to possible water damage.
4. Recommendation to correct the vioiation(s) described above:
You must obtain the required permits and inspections for the new plumbing (sink); electrical work done,
and the freezer installed with out permits.
Failure to comply within fifteen (15) days in regards to the maintenance of your property, 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 belo\:v signed Code Enforcement Officer at the City of
Cape Canaveral.
(/..--\ ~_ 11
I. ' \ /,/ f 1/1 )
/1 ) J / /i j} /7 ( i~{ ~ .l.-/lff ~
-
~..'.!.. ...,....1. _ '. ,...... ___ ". ._._.._-. . . . '.. jijCitJ~ifiiiiN.'ii"€ifiJERY.: ..--.' .-
...... ....'.....:1...\'..",....,..... ',..... :~.j>~i. ",\:'~,::-~'~I;r~'.~.~, ,.' <
_' . .'t; ., I ; ~ .'.' .', '. t--;.';'.': I . ,~ .,',.,
f:..f! -eLl); d'ff tf 't 1?
<::::: z -'r~\ ress I eren rom I em .
C .'f' t".c ',c;g / 0 "0\ lelivery address below:
8m led Fee +-".6,) 1?'i1 .< \ y,
(;) , \ -;2:\
._ Retum Receipt Fee ,~, i J I Post~ J> '
\~ndorsement Required) $,,,. J.::; I \ He~ rf; f
Restricted Delivery Fee ,- . _ <Y 1'> 5!!
I otai Po ~.). L1 III ,.:t 12u!.l! . ".--. _. .. ..
- :all w t:,?\.press lv/all
seiitfO Mary M. Beasley, Trustee J. oIa"R--;rturn Receipt for Merchandise
._u_____. 2657 D .ft III 0 C,O.D.
Streer, Ap n wood Lane ...-..- ,
or PO 80). . Jivei)'? (Extra Fee) 0 Yes
Ciry,siaiE TItusvIlle, FL. 32780 ......
~t.."J."JJllillJ.~~"lliJWlW~~"*~:""'~~:~.~""" ,. . oi, . , 7 ~ 12_3_ _ __
City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Case No. 2007-00158
A Florida Municipal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner(s) of the property located at:
118 Washington Ave. Cape Canaveral, FI. 32920
Respondent( s)
Russell T Rose
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on
February 21, 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, Fiorida 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
properiy owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
andlor 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.
rED this 12th day of February, 2008
(,{L{L(/~ah(Q -
\. Duree Alexander '
Code Enforcement Officer
105 Polk Avenue e Post Office Box 326 " Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 6 SUNCOM: 982-1222 e FAX: (321) 868-1247
wvrw.myf1orida.com/cape . email: 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. 2007-00158
A Florida Municipal Corporation, 10/22/2007
Complainant,
v.
Owner(s) of the property located at
118 Washington Ave. Cape Canaveral, FI. 32920
Respondent( s)
Russell T Rose
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 giv~s notice of
violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below.
Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below
is/are to be voluntarily performed within fifteen (15) days.
In the event that the violation(s) is/are not corrected within the time period set forth above or the
violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be
required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a
penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s)
and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each
repeat violation described in this notice until the violation(s) has/have been corrected. IF THE
VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S)
MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST .AN
INSPECTION.
1. Property where violation(s) exist(s):
118 Washington Ave. Cape Canaveral, FI. 32920
2. Name and address of owner(s) of property where violation(s) exist
Russell T Rose
118 Washington Ave,
Cape Canaveral, FI. 32920
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: FLBLDGCOD
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 of which is regulated by this
code, or to cause any such work to be done, shall first make application to the building official and obtain
the required permit.
109.1 General.
Construction or work for which a permit is required shall be subject to inspection by the building official
and such construction or work shall remain accessible and exposed for inspection purpoC::I?S 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 jl1risdiction shall not
be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed
for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed
in the removal or replacement of any material required to allow inspection.
4. l3ec;()rl1Il1e;ndCltion to correct the violation(s) described above:
You must reapply for the permit and receive the required inspections for the shed.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations
contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of
Cape Canaveral. (321-868-1222)
,/] /--'~I /~7_
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Michael Richart
Code Enforcement Officer