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HomeMy WebLinkAboutAgenda Packet 03-20-2008 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLKAVENUE MARCH 20, 2008 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: April 17, 2008 NEW BUSINESS: Approval of Meeting Minutes: February 21, 2008 COMPLIANCE HEARINGS: 1. 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. 2. Case No. 08-00005 - Violation of Section 70-71, 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, R.A. PUBLIC HEARINGS: 1. Case No. 07-159 - 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, (8600 Ridgewood Ave. Unit 3306) - William fv1. Strange & Joanne M. Sweeney, Property Owners. 2. Case No. 07-00178 - Violation of Section 04-2007, Resort Dwellings; Nonconforming Use Status; Rental Restrictions on Dwellings, of the Cape Canaveral Code of Ordinances, (807 Mystic Dr.) James D. Courson, Property Owner. 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: ccapecanaveraI@cfl.rr.com Code Enforcement Board Agenda March 20, 2008 Page 2 3. Case No. 08-00007 - Violation of Section 34-181, Storing, Parking, or Leaving on Private Property; Section 34-182, Notice to Abate, of the City of Cape Canaveral Code of Ordinances, (108 Tyler Ave.) - Maryann C. Gattuso & Russell Kaup, Property Owners. 4. Case No. 07-00226 - Violation of Section 102, Tree Protection; and Section 102- 39, Permits, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot on Surf Dr.) - Norman & Marie Boucher, 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. . CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES FEBRUARY 21, 2008 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 21, 2008, in the City Haii 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 Charles Biederman James Hale Karen Hartley Raymond Viens Edward Ciecirski 1 sl Alternate MEMBERS ABSENT Walter Godfrey Lynn Mars 2nd Alternate OTHERS PRESENT Joy Lombardi Board Secretary Bob Hoog Mayor Pro T em Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on March 20, 2008. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: January 17. 2008. Motion by Mr. Viens, seconded by Mr. Ciecirski, to approve the meeting minutes of January 17, 2008, as written. Vote on the motion carried unanimously. 2. Election of a Vice-Chairperson Motion by Mr. Hale, seconded by Mr. Ciecirski, to elect Raymond Viens for Vice- Chairperson. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 21, 2008 Page 2 COMPLIANCE HEARINGS: 1. Case No. 07-00117 - Violation of Section 34-98. Buildinq Appearance & Maintenance; Section 34-96. Standards Established; Section 82-12. Unsafe Buildinqs or Systems; Section 82-56. Standard Unsafe Buildinq Abatement Code Adopted; and Section 110-334. Special Exceptions Permissible By the Board of Adiustment of the City of Cape Canaveral Code of Ordinances. (104 Monroe Ave.) - Dawn M. Heath. R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for an unsafe structure, building maintenance, and the condition of the property. Officer Alexander stated that the respondent has an agreement for the sale of the property and recommends the Board extend the compliance date four months. Officer Alexander requested that the Board give the respondent until June 19, 2008 to comply or the fine of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) everyday thereafter be retroactively imposed beginning on February 21, 2008. James Kapp testified that he has a signed contract in escrow for the purchase of the property and requested additional time to obtain the required permits to bring the property into compliance. Discussion followed. Motion by Mr. Ciecirski, seconded by Mr. Hale, to accept staff's recommendation and give the respondent until June 19, 2008 to come into compliance or the fine of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) everyday thereafter be retroactively imposed beginning on February 21, 2008. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 08-00005 - Violation of Section 70-71. Engaging in Business Without Paving Tax or Making Reports: Section 70-69. Receipt Required: Section 70-75. Penaltv for Failure to Obtain or Renew Receipt: Section 30-27 Alarm Permit Required: and Section 70-68 Violation: Penaltv. of the City of Cape Canaveral Code of Ordinances. (8803 N. Atlantic Ave.) - Jeffrey R. Sauer. R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for not obtaining the required business tax receipt to do business, failure to renew the alarm permit, and failure to renew the coin-operated device tax receipt. Officer Alexander furiher stated that the permit has expired. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 70-71, 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 Vioiation; Penaity, of the City Code and be gi\len until ~v4arch 10, 2008 to come into compliance or be fined five hundred dollars ($500.00) for each day until found in compliance. Discussion followed. Code Enforcement Board Meeting Minutes February 21, 2008 Page 3 Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and be given until March 10, 2008 to come into compliance or be fined five hundred dollars ($500.00) for each day until found in compliance. Vote on the motion carried unanimously. 2. Case No. 07-00216 - Violation of Section 105.1 , Required; and Section 109.1 General. of the Florida Bui!dinq Code, as adopted bv 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 MarkoQiannakis, 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 installing signs without the approval of the Community Appearance Board and for not obtaining the required permit and inspection. Melissa Stains, representative for the Tourist Information Center, testified that they hired a company to change the sign faces and did not realize that they did not obtain a permit. Ms. Stains stated that she has submitted the application for the Community Appearance Board and will be on the agenda for the March 3, 2008 meeting. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 105.1, Required; and Section 109.1 General, of the Florida Buiiding 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 Code and be given until April 17, 2008 to come into compliance or be fined one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) everyday thereafter until found in compliance. Discussion followed. Motion by Ms. Hartley, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and be given until April 17, 2008 to come into compliance or be fined one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) everyday thereafter until found in compliance. Vote on the motion carried unanimously. ~ Case No. 07-00206 - Violation of Section 105.1. Required: and Section 109.1 v. General. of the Florida Building Code. as adopted by Section 82-31 , of the City of Cape Canaveral Code of Ordinances, (7004 N. Atlantic Ave.) - Mary M. Beasley. Trustee. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that a tenant of the respondent installed a freezer, plumbing, and electrical work without obtaining the required permit and inspections. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City Code and be given until April 17, 2008 to come into compliance or be fined one hundred and fifty doiiars ($~150.00) for the first day and seventy-five dollars ($75.00) everyday thereafter until found in compliance. Discussion followed. Code Enforcement Board Meeting Minutes February 21,2008 Page 4 Motion by Mr. Hale, seconded by Mr. Ciecirski, to accept staff's recommendation and find the respondent in violation and be given until April 17, 2008 to come into compliance or be fined one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) everyday thereafter until found in compiiance. Vote on the motion carried unanimously. 4. Case No. 07-00158 - Violation of Section 105.1 , Required: and Section 109.1 General. of the Florida Buildinq Code, as adopted by Section 82-31 , of the City of Cape Canaveral Code of Ordinances, (118 Washinqton Ave.) - Russell T. Rose, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the installation of an accessory structure without obtaining the required permit and inspections. Officer Alexander respectfully requested that the Board find the respondent in 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 Code and be given until March 20, 2008 to come into compliance or be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) everyday thereafter until found in compliance. Discussion followed. Motion by Mr. Viens, seconded by Mr. Ciecirski, to accept staffs recommendation and find the respondent in violation and be given until March 20, 2008 to come into compliance or be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) everyday thereafter until found in compliance. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:51 P.M. Approved on this day of ,2008. Mary Russell, Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #07-00158 A Florida municipal corporation, Complainant, v. Russell T. Rose Owner of the Property located at: 118 Washington Avenue Cape Canaveral, FL 32920 LEGAL: PARK VILLAS LOTS 9 PLAT BOOK 38 PAGE 74 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 February 21, 2008 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. Findinqs of Fact and Conclusions of Law 8"""("'0.""''''''' upon the evidence and testimony presented at this hearing, the Code Q.::>GU 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, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-3"1, 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 " SUNCOM: 982-1222 .. FAX: (321) 868-1247 WW\v.myflorida.com/cape 0 email: ccapecanaveral@cfl.rr.com Case #07-00158 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City 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 March 20, 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 vioiation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is I are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 21 st day of February, 2008. CODE ENFORCEMENT BOARD OF THE CiTY OF CAPE CANAVERAL, FLORIDA II. f/lf) U YlwIM/ ~AA AkJ(J: Mary Russ$"l1, ChaJrperson .~ I I IJ City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA .,>THE CITY OF CAPE CANAVERAL, Case #08-00005 6 Florida municipal corporation, Complainant, " v. Jeffrey R. Sauer, R.A. James Cannon F. Jr. Owner of the Property located at: 8803 N. Atlantic Avenue Cape Canaveral, FL 32920 LEGAL: TEUTONS SUBD PART OF LOT A AS DES IN DB 403 PG 388 PLAT BOOK 0001 PAGE 0022 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 February 21, 2008 to determine \Nhether 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 70-71, 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 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 e Post Office Box 326 " Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 " FAX: (321) 868-1247 viww.myflorida.com/cape · emai!: ccapecanaveral@cfl.rr.com Case #08-00005 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 70-71, 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 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 March 10, 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 five hundred dollars ($500.00) per day until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 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 vio!ation(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 vioiation(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. o. 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 21st day of February, 2008. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ----n /1 j) /7 /7 Or 1t1/VV)/ {/\Aj~Y)( Mary' RussF11, Chairperson <'- v City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00159 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 8600 Ridgewood Avenue, Unit 3306, Cape Canaveral, FI 32920 Respondent( s) William M. Stange Joanne M Sweeney, P.O. A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 20, 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. DATEDjthis 11th day of March, 2008 t/ ~ :-- ~l /-;UAL.e- \. uree Alexande'r Code Enforcement Officer 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 · FAt'\:: (321)868-1247 viww.myflorida.com/cape . eman.: ccapecanaveral@cf1.IT.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2007-00159 A Florida Municipal Corporation, 8/15/2007 Complainant, v. Owner(s) of the property located at: 8600 Ridgewood Avenue, Unit 3306, Cape Canaveral, FI 32920 Respondent( s) William M. Stange Joanne M Sweeney, 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) 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 IMMEDIA TEL Y NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 8600 Ridgewood Avenue, Unit 3306, Cape Canaveral, FI 32920 2. Name and address of owner(s) of property where violation(s) exist: Goetz Investments, LLC C/O William M. Stange Joanne M Sweeney, P.O. 2224 Earleaf Court, Longvlood, Florida 32779 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 82-233; Existing Standard Building Code Adopted. Section 82-31 Florida Building Code adopted 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. 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 to your unit on August 7, 2007, revealed windows, and sliding glass doors being replaced, and electrical work being done without the required permits and inspections. 4. Recommendation to correct the violation(s) described above: All work must cease and desist until such time as the required permits are obtained. You must also obtain all required approved final inspections to be in compliance. 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 conta!r1ed herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. /' ./ /. .)/f to" ./' .... (. / I /" f ,. A- .~ . ,- "J" d~f~'A1~~~~~rl'L' {,~.. ...; Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00178 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) ofthe property located at: 807 Mystic Drive, Unit C309, Cape Canaveral Respondent( s) James D. Courson A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 20,2008 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 EXH!BIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent( s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 11 th day Qf March, 2008 / ,! /_', ,/)/f ___" 1 (;{// /! /~ /'/ tV- ,/ f Lt'i(] ~ / VAA./ '. ," V f / c./t{; c/ ~_~ . 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 www.myt1orida.com/cape " ernail: ccapecanaveral@cfLrr.com .. City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA AMENDED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2007-00178 A Florida Municipal Corporation, 1/24/2008 Complainant, v. Owner(s) of the property located at: 807 Mystic Drive, Unit C309, Cape Canaveral Respondent(s) James D. Courson PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 807 Mystic Drive, Unit C309, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: James D. Courson 714 E Centra! Blvd, Orlando, FL 32801 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: ORD 04-2007; Resort Dwellings; Resort Condo; Nonconforming Use (d) It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (Low Density Commercial District) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety, and welfare of the public that occupy resort dwellings and resort condominiums, the city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within the city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. Ordinance 04-2007; Rental Restrictions on Dwellings; It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days in any zoning district, excluding hotels, motels under section 110-332(4) and resort condominiums in the C-1 zoning district. It has come to staff's attention that you are renting out your unit located at 807 Mystic Drive for less than thirty days and less than seven days. This is violation of the City of Cape Canaveral Ordinance 04-2007. 4. Recommendation to correct the violation(s) described above: You are required to cease and desist all rentals for less than thirty days. Please provide evidence of cessation by submitting a notarized statement to City staff and proof that all advertisement has been changed to reflect thirty days or more. 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 below signed Code Enforcement Officer at the City of (pel canaveral..'} 7 .0 t'.. ~~ 2 "/. ;' ! 1 I /~'. /' / \ i! (Z ./1/ d~ AA' _ ,6. / Jua{LL\f-..t\./L1:..ijJ//~ Duree Alexander Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2008-00007 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 108 Tyler Avenue, Cape Canaveral, Respondent( s) Maryann C & Russell Gattuso & Kaup A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 20,2008 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 VERBA TIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THI;: TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 25th day of February, 2008 f\ 74 C J j /-c~// //.7 ,-:' ..; J (V; JAIl (lj)~j:A!2?/1 Jc_- 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 www.myflorida.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. 2008-00007 A Florida Municipal Corporation, 1/30/2008 Complainant, v. Owner(s) of the property located at: 108 Tyler Avenue, Cape Canaveral Respondent( s) Maryann C & Russell Gattuso & Kaup 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 three (3 ) 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. i. Property where violation(s) exist(s): 108 Tyler Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Maryann C & Russell Gattuso & Kaup 108 Tyler Avenue, Cape Canaveral, FL 32920 105 Polk Avenue e Post Office Box 326 e Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 · FAX: (321) 868-1248 \vvlw.myflorida.coml cape . e-mail: ccapecanaveral@d1.rr.com Page 2 2007-00226 A compliant was filed and a site visit revealed a White Olds Van and a Bronco, without vehicle tags. This is a violation of the City of Cape Canaveral Code of Ordinances. 3. Description ofViolation(s) at property: Sec. 34-181 (a) Storing, parking or leaving on private property. Sec. 34~ 181. Storing, parking or leaving on private property. (a) No person shall park, store, leave or permit the storing or leaving of any abandoned property or inoperable motor vehicle of any kind, whether attended or not, upon any private property within the city; except that, with respect to an inoperable motor vehicle, such vehicle may be parked, stored or left on the property for a period of time not to exceed 72 hours. The presence of such abandoned property, and inoperable vehicles, or parts thereof, on private property is hereby declared a public nuisance which may be abated in accordance with the provisions of this article. Please be advise per Section 34-182, Notice to Abate, (b) Contents. The notice shaff contain the request for removal within the time specified in subsection (a) of this section and the notice shaff advise that upon failure to comply with the notice of removal the enforcement authority shall undertake such removal, with the cost of removal to be levied against the owner or occupant of the property. The notice shall also advise the person to whom the notices are applicable of his right to contest the determination of the enforcement authority that a violation under this article exists by requesting a hearing before the code enforcement board and that, if such a hearing is desired, the request can be made by filing a written request with the code enforcement board secretary. A request for a hearing must be made within the time for removal set forth in subsection (a) of this section. 4. Recommendation to correct the violation(s) described above: Obtain a current vehicular tag for both vehicles or remove the vehicles from the property within 72 hours or the vehicles will be towed at your expense. Failure to comply within three (3) 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 Capei::anaveral. ~' @~ Alii! / Q_ uree ~n er ' Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00226 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: Vancant lot on Surf Drive, Cape Canaveral Respondent( s) Norman G & Marie A Boucher, Trustees A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 20,2008 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. DATED this 11th day of March, 2008 I ! j !1 ~ {. I /'"'J;?! t/ ~ ~4 if.-i~NYA:.:LV'd'A<-kA Duree Alexander ! ~ Code Enforcement Officer 105 Polk Avenue 9 Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape .. em ail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA AMENDED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2007-00226 A Florida Municipal Corporation, 1/23/2008 Complainant, v. Owner(s) of the property located at: Vancant lot on Surf Drive, Cape Canaveral Respondent( s) Norman G & Marie A Boucher, Trustees 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 viofation(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) isfare 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): Vancant lot on Surf Drive, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Norman G & Marie A Boucher, Trustees 8698 Commerce Street, Cape Canaveral, Florida 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 Page 2 2007-00226 A complaint was made and an inspection of your property revealed the vacant lot was being cleared of al/ vegetation without the required land clearing permit(s). A cease and desist order was placed on the property on 1/3/07. This is a violation of the below referenced City of Cape Canaveral Code of Ordinances. 3. Description ofViolation(s) at property: Sec. 102 "Tree Protection" Sec. 102-39, Permits: (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the building official. If a property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall be responsible for obtaining the permit required by this division prior to the tree removal or land clearing. 4. Recommendation to correct the violation(s) described above: Pay the fines as required by Section 102-38; and provide a remedial plan of action, as specified under Section 102-49, to restore the property consistent with a restoration plan approved by the Building Official. Sec. 102-49, Remedial action. (a) Violations require remedial action. Where tree removal or land clearing violations of this division have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the building official or the city council if the violation is inconsistent with plans, permits, or agreements approved by the city council. The restoration plan shall require mitigation of any other damage to the property, as well as tree replacements. The restoration plan shall be in addition to any civil penalty imposed by the city under section 102-38 of this division. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a contribution to the tree bank equal to four times the contribution listed on table 1 or planting four preferred plants listed within section 102-54 before issuance of a certificate of occupancy or certificate of completion. (c) Property owner to guarantee survival of replaced trees. The property' owner shaH guarantee the survival of the trees required to be placed under subsection (b) above for a period of two years from the date the city accepts the trees and landscaping, unless a greater time period is required by development agreement. If the replacement tree dies, the tree shall be replaced in accordance with this section. For new development projects or violations involving the unlawful removal of more than five trees, the city may require a performance bond in a form acceptable to the city attorney, as a condition of approving the restoration plan, in order to ensure compliance with this subsection. Page 3 2007 -00226 Please be advised that the following penalties may be imposed under Sec. 102-38 (b), Enforcement and Penalties: 1. (13) trees @ $250.00 = $3,250.00 (one acre rule) 43,560.x .17=7,405.20 - 100 = 74 units x $250.00 = 18,513.00 x 2 = $37,026.00 for a Total = $40,276.00 2. (100.00 per diameter inch) 13 trees ranging from 4" to 8" = $6,800.00 Total of 1 + 2 = $47,076.00 Please be advised that if you feel you have been adversely affected by an administrative interpretation of this code you may appeal said interpretation to the City Manager, in writting within 10 days of this notice as follows: Under Section 102-48, Any person adversely affected by an administrative interpretation of this division by the building official may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The city manager shall decide said appeal within five business days. Any person adversely affected by an administrative decision of the city manager under this division may appeal that interpretation to the city council by filing a written notice of appeal of said interpretation within 30 calendar days of said interpretation. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of the city's receipt of said notice of appeal and the city council's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mutual agreement between the eit! and the person filing the notice of appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an administrative interpretation decision made under this division. 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 a canaverar/ ua \ 'Duree~ -- 'Code Enforcement Officer Penaltv summary Unaddressed parcels on Surf Dr. described by Parcel I.D. No.'s 24-37 -14-51-00007.0-0006.00 24-37-14-51-00007.0-0006.01 Owner Information: BOUCHER, NORMAN G 8698 COMMERCE ST CAPE CANAVERAL, FL 32920 Evidence consists of: . Total number of trees cleared: 12 . Description of trees cleared: Five 4" oaks, Four 6" oaks, Three 8" oaks . Total number of diameter inches: (5x4) + (4x6) + (3x8) = 68 . Land area cleared: 2,644 s.f Penalty provisions: 102-38(b)(I) Failure to obtain a permit $250.00 per tree, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. 12 trees at $250 ea. = $3,000 26.44 squares cleared @ $250 ea. = $6,610 1 02-38(b )(2) Removal of a tree without a pennit. Fine of $100.00 per diameter inch, not to exceed $5,000;00 per tree.. 68 inches x $100 = $6,800 $6,800 (no individual tree exceeds $5,0(0) Total: $16,410