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Home My WebLink AboutAgenda Packet 04-17-2008 City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE APRIL 17,2008 7:00 P.M. Call to Order Roll Call Establish Next Meeting Date: May 22, 2008 NEW BUSINESS: Approval of Meeting Minutes: March 20,2008 COMPLIANCE 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 M. Strange & Joanne M. Sweeney, Property Owners. 2. Case No. 07-00178 - Violation of Section 04-2007, Resort Dwellings; f\Jonconforming Use Status; Rental Restrictions on Dvvellings, of the Cape Canaveral Code of Ordinances, (807 Mystic Dr.) James D. Courson, Property Owner. (In compliance) 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. (In compliance) 4. 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. (In compliance) 5. 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. (In compliance) 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982~1222 .. EA_X: (321) 868-1247 www.myflorlda.com/cape · email: ccapecanaveral@cfl.rr.com Code Enforcement Board Agenda April 17, 2008 Page 2 PUBLIC HEARINGS: 1. Case No. 07-00212 - 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, (121 Monroe Ave.) - Richard Kopitas, Property Owners. 2. Case No. 08-00009 - Violation of Section 70-68, Violation, Penalty; 70-69, Receipt Required, Payment of Tax Prerequisite to issuance; and Section 70-71, Engaging in Business Without Paying Tax or Making Reports, of the Cape Canaveral Code of Ordinances, (7725 Poinsetta Ave.) Delorse A. Kopitas, Property Owner. 3. Case No. 08-00021 - 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, (8501 Astronaut Blvd.) - Pantelis Markogiannakis, Owner. 4. Case No. 08-00023 - Violation of Section 110-91, Conformity to Plans, Specifications, Intended Uses and Applications; Section 110-121, Certificate of Occupancy Required; and Section 110.1, Use and Occupancy; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (576-580 Cas a Bella Dr.) - John R. Kancilia, Esq. R.A., William Young, MGRM. OLD BUSINESS: -1 Case No. 07-00226 - Violation of Section 102, Tree Protection; and Section 102- I. 39, Permits, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot on Surf Dr.) - Norman & Marie Boucher, Property Owner. (Application for Satisfaction or Release of Code Enforcement Lien) Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and i or Community Appearance Board who mayor may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868- 1221 , 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 20, 2008 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on March 20, 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 Raymond Viens Vice-Chairperson Charles Biederman James Hale Karen Hartley Lynn Mars 2nd Alternate MEMBERS ABSENT Walter Godfrey Edward Ciecirski OTHERS PRESENT Joy Lombardi Board Secretarj Bob Haag Mayor Pro T em Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on April 17, 2008. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: February 21.2008. Motion by Mr. Biederman, seconded by Mr. Viens, to approve the meeting minutes of February 21,2008, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 20, 2008 Page 2 COMPLIANCE HEARINGS: 1. 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 requested that the Case be withdra'vvn from the agenda due to the fact that proper notification had not been received. 2. Case No. 08-00005 - Violation of Section 70-71 , Enqaqinq in Business Without Payinq Tax or Makinq 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. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 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 Ridqewood Ave. Unit 3306) - William M. Strange & Joanne M. Sweeney, Property Owners. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for 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 dollars ($100.00) for the first day and seventy-five dollars ($75.00) everyday thereafter retroactively beginning on March 20, 2008. Motion by Mr. Viens, seconded by Mr. Hale, 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 retroactively beginning on March 20, 2008. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 20, 2008 Page 3 2. Case No. 07-00178 - Violation of Section 04-2007, Resort Dwellinqs; Nonconforminq Use Status; Rental Restrictions on Dwellinqs, of the Cape Canaveral Code of Ordinances, (807 Mystic Dr.) James D. Courson, 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 rental of a resort condominium without the Certificate of Non-Conforming Status. Officer Alexander stated that the respondent has advertised the short-term rental on two specific occasions. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 110-486, Resort Dwellings; Nonconforming Use Status; and Section 110-487, Rental Restrictions, of the City Code and be given until April 17, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day until found in compliance. Discussion followed. Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation and be given until Apri/17, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day until found in compliance. Vote on the motion carried unanimously. 3. Case No. 08~00007 - Violation of Section 34-181 , Storinq, Parkinq, 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. 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 untagged, inoperable vehicle. Officer Alexander stated that she was not able to put a 72-hour tow notice on the vehicle because there was a large dog tied to it. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-181, Storing, Parking, or Leaving on Private Property; Section 34-182, Noiice to Abate, of the City Code and be given 5 days to come into compliance or be fined two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) 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 5 days to come into compliance or be fined two hundred and fifty dollars ($250.00) for the first day and one hundred doliars ($100.00) everyday thereafter until round in compiiance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 20, 2008 Page 4 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. 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 removal of trees without a permit. Officer Alexander stated that, according to the City Arborist's report, there were 12 trees removed with a total diameter inch of 68. Ms. Alexander further stated that the fines were calculated according to Section 1 02-38(b)( 1), failure to obtain a permit with a fine of $250.00 per tree, plus $250,00 per 100 square feet cleared; and Section 1 02-38(b )(2), removal of a tree without a permit with a fine of $100.00 per diameter inch, for a total penalty of $16,410.00. Norman Boucher, property owner, testified that the clearing of his lot came about without any planning on his part. He stated that while his neighbor was clearing, he asked Mr. Boucher if he wanted his lot cleared also. Mr. Boucher explained that he made the decision in haste based on the thought that the pepper trees were encroaching on the neighbor to the south and FPL could not get to their transformer, so he believed this was a good thing to do. Mr. Boucher said that if he had planned better, he would have inquired further as to what was required by the City. Mr. Boucher further explained that the trees in question were not recommended for planting according to the experts and he apologized to the Board and to City staff and stated that he cleared the lot without thinking, it was not with malicious intent, and he believes that the appearance of the lot has improved. Officer Alexander respectfully requested thai ihe Board find the respondent in violation of Section 102-39, Permits, of the City Code and be required to pay the penalty in the amount of sixteen thousand four hundred and ten dollars ($16,410.00) as required by Section 1 02-38(b)( 1) and Section 1 02-38(b )(2). City Attorney, Kate Latorre, explained to the Board that, if they find the respondent in violation, the fine would be calculated based on the penalty provisions of the City Code. Attorney Latorre stated that the Code Section 1 02-38(b) reads, "one or more of the following civil fines shall apply"; and further advised that the Board could select either Section 102-38(b)(1) or Section 102-38(b)(2) or both. Discussion followed. Motion by Ms. Hartley, seconded by Mr. Hale, to find the respondent in violation and be fined in accordance vvith Section 1 02-38-(b )(2); in the amount of six thousand eight hundred dollars ($6,800.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:27 P.M. Approved on this day of ,2008. Mary Russell, Chairperson Joy Lombardi, Board Secretary City of Cape Canaveral THE CITY OF CAPE CANAVERAL Code Case:2007-00159 A Florida Municipal Corporation, Date: 4/08/2008 Complainant, V. Wiliiam M. Stange Joanne M Sweeney, P.O. 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. 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) March 20,2008, and April 8, 2008 described below, has not been corrected pursuant to the entry of an Order by the Code Enforcement Board dated March 20,2008, requiring the respondent(s) to correct such violation(s) by April 17, 2008; an Order Imposing Penalty on First Violation dated March 20, 2008. The respondent was not present at the duly noticed Compliance Hearings held by the Code Enforcement Board on March 20, 2008. The respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, which exist(s) 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 April 17, 2008, before the Code Enforcement Board. 1. Property where violation(s) exist(s): 8600 Ridgewood Avenue, Unit 3306, Cape Canaveral, Fl 32920 2. Name and address of owner(s) of Property where violation(s) exist(s): William M. Stange Joanne M Sweeney, P.O. 2224 Earleaf Court Longwood, Florida 32779 3. Description of violation(s) at Property: Sec 82-233; DO NOT USE THIS OLD Duree Alexander Code Enforcement Officer 105 Polk .A.:v-enue iO POSt Office Box 326 3 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myfIorida.com/cape .. email: ccapec;L'1averal@d1.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #07-00159 A Florida municipal corporation, Complainant, v. William M. Strange & Joanne M. Sweeney Owners of the Property located at: 8600 Ridgewood Ave. Unit 3306 Cape Canaveral, FL 32920 LEGAL: ROYAL MANSION CONDO UNIT 3306 AS DESC IN ORB 2899 PG 799 & 3491 PG 2138 AND ALL AMENDMENTS THERETO 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 March 20, 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 Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City Code exists or existed upon the Property and Respondent was further provided a reasonable tirne 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 www.myflorida.comicape · email: ccapecanaveral@cfl.rr.com Case #07-00159 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 Genera!, 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 FOREGO!NG FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until April 17, 2008, to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a fiiing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly fiie a Notice of Compiiance; Anv fine imDosed Dursuant to this oaraoraph shall be retroactively imposed beoinninq on March 20. 2008 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. &:: The Code Enforcement Board hereby reserves the right to take further necessary oJ. 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, Fiorida, this 20th day of March, 2008. CODE ENFORCEMENT BOARD OF THE CITY OF CA.PE CAN,Ll,VERAL, FLORIDA . ../'1 _ L-~1/ l/j ,f-/). (7 {/ ! I f I a~ / 'Vv~J-.4_Cj(__A~ rJarY Russ,e;ll, Chairperson (/ City of Cape Canaveral CODE ENFORCEMENT BOARD f'ITV I1C f'L\.DC rAI\IA\lCDAI CI t\DII"'\A '-'I t I '-'I \""II\., L.. VfI.' 'Ir\. VI-I '\.r\L_, I L..\..Jf '\.1 un 4/0712008 THE CiTY OF CAPE CANAVERAL, Case No: 2007-00178 A Florida municipal corporation, Complainant, v. James D. Courson Owner(s) of the Property located at: 807 Mystic Drive, Unit C309, Cape Canaveral Respondent( s). James D. Courson NOT!CE OF COMPLIANCE WITH ORDER OF CODE ENFORCEMENT BOARD PURSUANT to Section 162.09, F!orida Statutes, 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, and the respondent that the violation(s), as more specifically described below has been corrected pursuant to the entry of an Order Imposing Penalty on First Violation by the Code Enforcement Board, dated March 20,2008, requiring the Respondent(s) to come into compliance by April 17, 2008. On April 7, 2008, the respondent was found to be in compliance by changing the advertisement to uno monthly rentals;; and not renting the unit for less than thirty days. Property where violation(s) existed: 807 Mystic Drive, Unit C309, Cape Canaveral Road, Cape Canaveral, FL 32920 2. Name and address of owner of Property where violation(s) existed: James D. Courson 3. Description of violation(s) corrected at Property: Section 110-486, Resort Dwelling, Nonconforming Use Status Section 110-487, Rental Restrictions on Dwelling Units /"" \ \ / f j /'j ~' /~\ ( / / /Y ///" .) A / . f / '~I /iL 1/' '77 ~ . C l " V...({./t-cC" ~/\ ,,(fA:. l-~" t L~~'" ~ ---_."--~ \ Duree Alexander / \ '- Code Enforcement Officer 105 Polk l\.~venue ~ Post Office Box 326 " Cape CdJ.~averal, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 " FAX: (321) 868-1247 w#w.myfIorida.com/cape · email: ccapecanaveral@cfI.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD C!TY OF CAPE CA~JAVERAL, FLORIDA 4/07/2008 THE CiTY OF CAPE CANAVERAL, Case No: 2007-00206 A Florida municipal corporation, Complainant, v. Mary M. Beasley, Trustee Owner( s) of the Property located at: 7004 N Atlantic Avenue, Cape Canaveral, FI Respondent( s). Mary M. Beasley, Trustee NOTiCE OF COMPLIANCE WITH ORDER OF CODE ENFORCEMENT BOARD PURSUANT to Section 162.09, Florida Statutes, and Chapter 2, Article Vi, of the Ciiy of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the Ciiy of Cape Canaveral Code Enforcement Board, and the respondent that the violation(s), as more specifically described below has been corrected pursuant to the entry of an Order Imposing Penalty on First Violation by the Code Enforcement Board, dated February 21, 2008, requiring the Respondent(s) to come into compliance by April 17, 2008. On April 7, 2008, the respondent was found to be in compliance by obtaining the required plumbing and electrical permit(s) and the approved final inspection(s) for the work that was done without the required permits and inspections. Property where violation(s) existed: 7004 N Atlantic Avenue, Cape Canaveral, Fl Road, Cape Canaveral, FL 32920 2. Name and address of owner of Property where violation(s) existed: Mary M. Beasley, Trustee 3. Description of violation(s) corrected at Property: Section 82-31, Florida Building Code Adopted (FLBC). FLBC 105.1 & 109.1, Permit Required & Inspections General /'""'\ / \ /" i ! I , j I AAj;1 \ Duree Alexan er \Code Enforcement Officer 105 Polk~A:o.venue · Post Office Box 326 y 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 CA~~A\/ERAL, FLORIDA 3/31/2008 THE CITY OF CAPE CANAVERAL, Case No: 2007-00215 A Florida municipal corporation, Complainant, v. Pantelis Markogiannakis Owner( s) of the Property located at: 8501 Astronaut Blvd., Cape Canaveral Respondent(s). Cocoa Beach Chamber of Commerce C/O Randy Harris, PresidentiCEO Pantelis Markogiannakis, P.O. NOTICE OF COMPLIANCE WITH ORDER OF CODE ENFORCEMENT BOARD PURSUANT to Section 162.09, Florida Statutes, 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, and the respondent that the violation(s), as more specifically described below has been corrected pursuant to the entry of an Order Imposing Penalty on First Violation by the Code Enforcement Board, dated February 21, 2008, requiring the Respondent(s) to come into compiiance by April 17, 2008. On March 14, 2008, the respondent was found to be in compliance by obtaining the required Community Appearance Board Approval; obtaining the require permit(s) and the approved final inspection for the erected of signage on the property located at 8501 Astronaut Blvd., Cape Canaveral, Florida 32920. Property where violation(s) existed: 8501 Astronaut Blvd., Cape Canaveral Road, Cape Canaveral, FL 32920 2. Name and address of owner of Property where violation(s) existed: Pantefis Markogiannakis 3. Description of violation(s) corrected at Property: Sec. 82-31, Florida Building Code as Adopted FLBC Sec. 105.1 & 109.1; Permits Required & Inspections General See; 22-40, Approval Prerequisite for Permits jee:; 94-4, Signage, Exemptions I ,~ L/// tlree Alexander' - - ._-_.,~ -:;ode Enforcement Officer 105 Polk ~Avenue ;; Post Office Box 326 e Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 e SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape e email: ccapecanaveral@d1.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANA VERAL, Case No: 2008-00007 A Florida municipal corporation, Complainant, Vs. Owner(s) of the Property located at: 108 Tyler A venue, Cape Canaveral Respondent( s). Maryann C. Gattuso Russell Kaupp NOTICE OF COMPLIANCE WITH ORDER OF CODE ENFORCEMENT BOARD PURSUANT to Section 162.09, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Cfulaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board, and the respondent that the violation(s), as more specifically described below has been corrected pursuant to the entry of an Order Imposing Penalty on First Violation by the Code Enforcement Board, dated March 20,2008, requiring the Respondent(s) to come into compli:::Jl1ce by March 25, 2008. On ~~{arch 25, 2008, the respondent was found to be in compliance by removing the untaggedJabandoned/inoperable motor vehicle from the property. Property where violation(s) existed: $Locationl Road, Cape Canaveral, FL 32920 2. Name and address of owner of Property where violation(s) existed: 11arya..'1.'1 C. Gattuso & Russell Kaupp 3. Description ofviolation(s) corrected at Property: Sec. 34-181, Storing, parking or leaving on private property /34,182, Notice to abate. I ; (-; j j //1/ - ,,/ Duree Alexander Code Enforcement Officer 105 Polle i\.;venuc 9 Post Office Box 326 e Cape CaIlavera!, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape .. email: ccapecanaveral@cf1.rr.com City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00212 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner(s) of the property located at: 121 Monroe Avenue, Cape Canaveral Respondent( s) Richard Kopitas A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 17, 2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL ,Ii, 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. JATlD this 7th day.~ ~~il, 2008 / j 71- // r\ . / / <d/} . ///- / { iLitA':4<"",7 V J::..{/ if! (/"ce/L. \'/Q \ Duree Alexander f" -----.__ Code Enforcement Officer 105 Polk .A..venue · Post ()fficc Box 326 : Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@dl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLA T!ON THE CiTY OF CAPE CANAVERAL Case No. 2007-00212 A Florida Municipal Corporation, 12/04/2007 Complainant, v. Owner(s) of the property located at: 121 Monroe Avenue, Cape Canaveral Respondent( s) Richard Kopitas 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) isfare 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 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): 121 Monroe Avenue, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Richard Kopitas 4570 Deanna Court, Merritt Island, FI 32953 105 Polk ~4venue 9 Post Office Box 326 9 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 ,vww.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com 3. Description ofViolation(s) at property: Sec. 82-31. Florida Building Code (FLBG) adopted. Sec. 82-31; Florida Building Code (FLBC) adopted. The Florida Building Code 2004 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. FLBC, 105.1 Required; Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building officjal 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 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. 22-40; Approval prerequisite for permits. (a) Without exception, all plans, elevations, proposed signs for buildings or structures and exterior 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 under 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 visual impact or effect on the community. A compliant was filed and a site visit revealed a new sign erected on your property without the required permit(s) and inspection(s). 4. Recommendation to correct the violation(s) described above: You must apply to the Community Appearance Board for approval for the sign erected on your property; you must obtain a permit, and the required inspection(s) to be in compliance. 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. /\ I' . I i /1'-/ (" I"tf ' ( I, / . -(/;< . . ; .f ... <l,r:rr-. l ... . 'j, "'..... /~::. \ I...L?C{.;L.Lf(~/r .'-;0G,--{.,-.~~~.______ \ Duree Alexander Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2008-00009 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: 7725 Poinsetta Avenue, Cape Canaveral, Respondent( s) Delorse A Kopitas A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 17,2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board wi!! 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. D,f,1~D this 7th day of April, 2008 / l~^ fi ~''\1 f' / _,/ I 1/ t i I" (:V {' . " iJv ( Jll PIi 1\ .A/ v .'/'(] A'~ jC'l \ ~~- -- ~- -.....-, ~{ .... ~- "./ "",-,- \..... -,,,--- .....'-...-^ ~~~-'''"'--'-_.- Duree Alexander I Code Enforcement Officer 105 PolkI\venue s Post C)ffice Box 326 ~ Cape Ca...~ave[al, FL 32920~O326 Telephone: (321) 868-1222 " SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape . email: ccapecanaveral@dl.rr.com ,. City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOT!CE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2008-00009 A Florida Municipal Corporation, 2/14/2008 Complainant, v. Owner(s) of the property located at: 7725 Poinsetta Avenue, Cape Canaveral, Respondent( s) Delorse A Kopitas 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. i. Property where violation(s) exist(s): 7725 Poinsetta Avenue, Cape Canaveral, 2. Name and address of owner(s) of property where viofation(s) exist: Deforse A Kopitas 1031 Cascade Circle 108, Rockfedge, FL 32955 105 Polk Avenue " Post Urtlce Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 ., FAX:; (321) 868-1247 www.myflorida.com/cape · email; ccapecanaveral@dlrr.com Page 2 2008-00006 Your Business Tax Receipt payment has not been received. A copy of your State/County License must be provided so that the application can be processed, and the Business Tax Receipt issued. Until such time you are in violation of doing business without the required tax receipt. This is a violation of the below referenced City of Cape Canaveral Code of Ordinances. 3. Description of Violation(s) at property: Sec. 70-69 Reciept Required; Payment of Tax Preprequisite to Sec. 70-71. 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 !ocal business tax within 150 days after the initial notice of tax due and who does not obtain the required local business tax receipt is subject to the civil action, penalties, costs and attorneys' fees provided in F.S. S 205.053(3), or any successor statute. 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 shaH 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: Provide the requested information (see attached notice) and obtain the Business Tax Receipt. If you have any questions regarding obtaining the tax receipt, please contact Joy at 868-1222. 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 x 13. /~\ (J /)1 /7 l if / A // /7 /~py2:2'-'liif/e.~ \(DUree~~~nder _/ -- Cods Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2008-00021 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 April 17,2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article Vi, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or ieal 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 BYTHE 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. to this 27th day of March, 2~ I //1/1 ~ I ~//I:/ (} YL::{ . [{,l'y /'/ r. to. A ~ ~ ~' ._,' ~,/'_ ~~r;,""-:'- y~ ./~~'~Gt//?~~).!~ Duree Alexander / Code Enforcement Officer . 105 Polk A_venue # Post Office Box 326 I!i 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. 2008-00021 A Florida Municipal Corporation, 2/29/2008 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 vioiation(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 vielation(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 Responden4s) to coreect the violatlon(s) and penalties may be assessed up to $250 per day for each first violation or up te $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(Sj MUST IMMEDIA TEL Y 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: Pantelis Markogiannakis 1850 Char/esmont Drive #128, India/antic, FL 32903 105 Polk Avenue ,. Post Office Box 326 · Cape Canaveral, FL 32920-0326 Tl"Y (;nno,:o 1222. SUNCOM.C)82-1222" FAX: (321)868-1247 .lClepIlone: \JL.d.) ouo- _. / \~~HW.rny:florida.com/cape . email: ccapecanaveral@cf1.rr.com Page 2 2008-00006 A complaint was filed, and research of ours records revealed that a permit has not been obtained for the installation of the windows in the unit that is being renovated due to the fire. 3. Description of Vio/ation( s) at property: Sec. 82-31. Florida Building Code (FLBC) adopted. FLBC 105,1 Required Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the Occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 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 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. Recommendation to correct the violation(s) described above: You must obtain a permit for the installation of the windows and the required approved final inspection to be in compliance. 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. /+( you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations /~ont~ined herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of ,/ Cap~ CanaveraJ.~~k1) 868-1222 x 13. // ,/ //"""///:/ /~ F i .~, "';/ ~ I .. II " / / /~ / 'WbMe;,.-i~/LJC-:N~~~~_^. f ""....".--. ! Duree Alexander -.'"~ "__. , Code Enforcement Officer City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2008-00023 A Florida Municipal Corporation, Complainant, v. NOTICE OF HEARING Owner( s) of the property located at: 576-580 Casa Bella Drive, Cape Canaveral Respondent( s) John R Kancilia, Esq., R. A William M. Young, MGRM A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on April 17,2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROViDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DAJEQ this 7th day of April, 2008 I J /7/--~. !. / /"./1/ / ( "', LI t' i,~,/< .. ~ I : !/I/U::e lLYI:/t:V~CL"t'--c."", ~ Dl':lree Alexander ~_ Code Enforcement Officer ------.---'0. 105 Polk l\venue . POSt Office Box 326 lit Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape e email: ccapecanaveral@dl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOT!CE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2008-00023 A Florida Municipal Corporation, 3/03/2008 Complainant, v. Owner(s) of the property located at: 576-580 Casa Bella Drive, Cape Canaveral Respondent( s) Bayport LLC C/O John R. Kancilia, Esq. R. A. William M. Young, MGRM 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 belovl 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 VrOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN II\,SPECTION. 1. Property where violation(s) exist(s): 576-580 Casa Bella Drive, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Bayport LLC C/O John R. Kancilia, Esq. R. A. William M. Young, MGRM 1800 'vV Hibiscus Bivd Suite 138, Melbourne, FL 32901 105 Polk Avenue ~ Post OHlce Box 326 $ Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 \vww.myflorida.com/cape . email: ccapecanaveral@cfl.rr.com Page 2 2008-00023 This is a follow up to a Code Enforcement Courtes;l Notice dated October 16, 2007, (attached) regarding SJRWMD permit and non-conformance to a City approved site plan. You are in non-compliance with SJRWMD, which constitutes a violation of Section 110-91 of the City of Cape Canaveral Code of Ordinances. Additionally, Bayport, LLC is in violation of City Code Sec. 110-121, for not obtaining the required certificate of occupancy for 578 & 580 Casa Bella Drive. 3. Description of Violation(s) at property: Sec. 110-121 "Certificate of Occupancy Sec. 110-121, Required; No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the city code or any other applicable law. If issuance of such certificate is refused, the building official shall state such refusal in writing with the reason. A temporary certificate of occupancy may be issued by the building official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. Sec. 110-91, Conformity to plans, specifications, intended uses and applications; Under this chapter, building permits or certificates of occupancy issued by the building department on the basis of plans, specifications, intended uses and applications and approved by the building official authorizing use, arrangement, construction and design shall only be as described in plans, specifications, intended uses and applications. Use, arrangement, construction and design at variance with those authorized by the plans, specifications, intended uses and applications shall be deemed a vioiationof this chapter and shall authorize the building official to revoke or suspend any previously issued building permits or certificates of occupancy, or pursue any other remedy necessary to carry out his or her duties under this chapter and other applicable law. Sec. 82-31; The Florida Building Code 2004 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporate herein as if fully set out. FLBC Sec. 110.1, Use and occupancy; No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issue a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 4. Recommendation to correct the violation(s) described above: You fil\.l~t provided staff with documentation that you have complied with the SJRWMD permit requirements and obtain the required Certificate of Occupancies for the units that are in vioiation. Page 3 2008-00023 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 .,,r--~ape Canaveral. (321) 868-1222 x 13. / /JaeOr~Yi~~ l I 'Duree Alexander \ Code Enforcement Officer c: SJRWMD, Marc Van Heden, P>E Jeff Ratliff, Stormwater Coordinator CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE EN'FORCEMENT CASE #: Jl.t?tJ 7,'pt? ~;Jl b trO APPLICATION FEE: $ / DtJ- APPLICANT: _~$h'N & A~ ,. JIJdJAd ::r. _ QL,?'g.c::4e'/~ DATE: tIt/va I ' ADDRESS: F6? /' ~;4'/de/l"~-l? 5"'; CITY: c/lni' C/1;tIJ9I/ (?)t;1 L STATE: FL. ZIP: 5.;;zy;P.o NATURE OF VIOLATION(S): ..(/?Ald_ Ch/J/t/A/4 u~//lutl/ p~ ;t~/;Y/Ar9 ~...... ~.. _I ~ .~ //e ",z,/??/ /. , , , ADDRESS OF SUBJECT PROPERTY: Me-nAl/' ~T t?A' ~~/ l?/Z/PP. DATE FINE/LIEN I1\1POSED: MJOUNT: ~ rJltJ << &1 t:J ~R TOTAL COMPLIANCE DATE: RELIEF REQUESTED: SATISFACTION I REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES $ AS THE AMOUNT OF THE REDUCED FIl'.JE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) AtTt1cH <?d ~ '" TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: LJ .. (If more space is needed add additional pages) n lfAcHed THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRn..JG THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FI}.ill BEfNG J1v1POSED AND RECORDED: (If more space is needed add additional pages) ;77/e ANY ADDITIONAL FACTS OR INFORf-.1ATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LllvlITED TO, THE CIRCUMSTANCES THAT EA'1ST WHICH WOULD WA_R~TUd\TT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Date: /~t: f"'.< ~oof '" / STATE OF Hor,d-r COUNTY OF 13re-Llarc( BEFORE ME the undersigned authority did personally appear }..( or f"u:u"\ t3 Ouch e.r , who provided as identification, and who after being place under oath, swore or affinned the information contained within this application is true and correct. ",p9.yp('<f N(;"-~" II' ~ /' ~., 'i:O~ 1<'_,',',"i ' \! C Ir' State of Florida, /'" cp'~:::> . ~ ')'(,,);..,,)) nL_.ir(Jl . ~p ~;:' ,i My Cm,rn"C;$"j" <. Notary PublIc OfF\.O Expires 08/03/2011 (' "'A~~AA~~ .I' ---...-y .. ...........-v-~ FOR STAFF USE ONLY APPLICATION FEE: $ IOO,CJC:J RECEIVED BY CITY ON f.{ / t.({D I? COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEIv1ENT RECOMIvlENDA TION ATTACHED: _ YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE 04iw4/200& 1:17 PM 0001431 _ _ --,=..---- ..fl... un T_~_' ~~tJ!I:~'=J fUk~L 0.- Cash Amount. !~; tI~? CK #5700 Amount $i~b.~b ~ \ 1 \. ~ I~ ~ " <'< ~ C1 ~ \\ '" \) ~ VJ V ;>0;: ~ n "- ,::; ~ ~ ~ ('"t T I ,_'~\j , i}J~ ~ ,!~;-'\ ~ \" tJ ~... , \ The factual basis upon which the violator believes this appiication should be granted: · The applicant has never had a violation & has shown good faith in amending this situation. . This is a vacant lot with the total of 15,000 square feet, the portion that was cleared was 2,644 square feet. (approximately 1 7%) . The portion of the lot cleared was a majority of dense pepper trees, scrub oaks had grown among the pepper trees which made them impossible to see. This also made the scrub oaks crooked and not desireable for attractive landscape use. In my opinon none of the vegetation removed was of any value even if a permit would have been obtained.. This is a nice residential street with nice homes that would command a landscaping plan other than what was removed. Terms or conditions to be imposed upon applicant should the application be granted: · With the consideration that there is existing area remaining on the lot that contains fourteen 3" oaks, three 4" oaks, and one 2" oak for a total of 56", the applicant would donate four 3" oaks to the city for planting of their choice. · Applicant would also agree to compensate the staff in the amount of $500.00 for their efforts. City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL; FLORIDA 0;;00 ::j:j:oro"Tl THE CITY OF CAPE CANAVERAL, Case #07-00226 -05-82 (.Q (/)''IN A Florida municipal corporation, CfI" 0..0 W ~~ 155 <Doo <W01 Complainant, ~N01 0..()1-J Oi:lt 00" v. ~ gO -<:e;.;o Norman & Marie Boucher gco Owner of the Property located at: ~^ pUl Vacant Lot on Surf Drive s:00 " 0'1 Cape Canaveral, FL 32920 WN 0 PARCEL ID #'8: 24-37-14-5]-00007.0-0006.00 :::1:-0 !;!]lll 24-37-14-5] -00007.0-0006.0] (ii'CO QCD Respondent, iDUl ;;(-~ I 0(0 ! ....OJ 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 March 20, 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 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; ..., That a violation of Chapter 102, Tree Protection; Section '102-39, Permits, of the L. City Code; exists or existed upon the Property; 3. That Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 105 Polk Avenue " Post Office Box 326 " Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. F.A]{: (321) 868-1247 wVlwmyflorida.com/cape .. email: ccapecanaveraj@d1.rr.com Case #07-00226 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Chapter 102, Tree Protection; Section 102-39, Permits, of the City Code; 5. That said violations exist 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. A fine will be immediately entered in the amount of six thousand eight hundred dollars ($6,800.00) per Section 1 02-38(b )(2); 2. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of March, 2008. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA - /'. Z!k~~,: c~;;k;~~f( Case #07-00226 Copies furnished to: Norman & Marie Boucher, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Pena!ty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this ~ day of M4 rCh. ,2008. / / ~//j dY p; ~/ "", ~..' ---- .. Joy Lombardi, Board Secretary I' Alexander, Code Enforcement Officer