HomeMy WebLinkAboutAgenda Packet 05-22-2008
City of Cape Canaveral
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
111 POLK AVENUE
MAY 22,2008
7:00 P.M.
Call to Order
Roll Call
Establish Next Meeting Date: June 19, 2008
NEW BUSINESS:
Approval of Meeting Minutes: April 17, 2008
COMPLIANCE HEARINGS:
1. Case No. 06-00059 - Violation of Section 82-221, International Property
Maintenance Code (IPMC) Adopted; IPMC Section 108.1, General; IPMC
Section 108.1.1, Unsafe Structures; Section 82-31, Florida Building Code
Adopted; Sections 104.1.1, and 105.4, Florida Building Code - Permits &
Inspections, of the City of Cape Canaveral Code of Ordinances, (7902
Ridgewood Ave.) - Michael Conroy, Property Owner. (In compliance)
2. Case No. 06-00062 - Violation of Section 82-221, International Property
Maintenance Code (IPMC) Adopted; IPMC Section 108.1, General; IPMC
Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches,
& Balconies, of the City of Cape Canaveral Code of Ordinances, (7908
Ridgewood Ave.) - Marsha K. & Kent C. Howe, Property Owner.
3. Case No. 07-00108 - Violation of Section 14-56, Existing Development; Section
14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code
of Ordinances, (7520 Ridgewood Ave.) - Canaveral Towers Condominium
Association, c/o Cynthia Shaffer, R.A.
4. Case No. 07-00109 - Violation of Section 14-56, Existing Development; Section
14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code
of Ordinances, (8600 Ridgewood Ave.) - Royal Mansion Condominium
Association, c/o Keith A. Acker, General Manager.
5. Case No. 07-00113 - Violation of Section 14-56, Existing Development; Section
14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code
of Ordinances, (8470 Ridgewood Ave.) - Flores Del Mar Condominium
Association, c/o Petey Davis, R.A.
105 Polk Avenue <; Post Office Box 326 <; Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. EA.X: (321) 868-1247
vvww.myflorida.com/cape ~ email: ccapeca.i1averal@cfl.rr.com
Code Enforcement Board
Agenda
May 22, 2008
Page 2
6. Case No. 07-00212 - 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 of Cape Canaveral Code of Ordinances, (121 Monroe Ave.)-
Richard Kopitas, Property Owners. (In compliance)
7. Case No. 08-00021 - 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 of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd.)
- Pantelis Markogiannakis, Owner.
8. Case No. 08-00023 - Violation of Section 110-91, Conformity to Plans,
Specifications, Intended Uses and 1.6,pplications; 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 Casa Bella Dr.) - John R Kancilia, Esq. RA., William
Young, MGRM.
PUBLIC HEARINGS:
1. Case No. 07-00213 - Violation of Section 31.3.4, Detection, Alarm, &
Communications Systems; Section 31.3.4.1, General; and Section 31.3.4.1.1,
Apartment Buildings, of the Florida Fire Prevention Code, as adopted by Section
38-26, of the City of Cape Canaveral Code of Ordinances, (120 Seaport Blvd.)-
Villages of Seaport Condo. Association, c/o Russell E. Kemm, RA.
2. Case No. 08-00054 - Violation of Section 110-555, Paving of Vehicular Areas;
Section 110-492, Location of Spaces; Section 70-71, Engaging in Business
Without Paying Tax or Making Reports; Section 110-339, Off-street Parking &
Access; and Section 110-466, Application of Performance Standards, of the
Cape Canaveral Code of Ordinances, (9009 Astronaut Blvd.) Portview Inn &
Suites LLC dba Country Inn & Suites, Dale L. Cox, RA., Kelly Powell, GM.
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, Pianning & 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
APRIL 17,2008
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on April 17, 2008, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral,
Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary
called the roll.
MEMBERS PRESENT
Mary Russell Chairperson
Raymond Viens Vice-Chairperson
Charles Biederman
Edward Ciecirski
James Hale
Karen Hartley
Lynn Mars 2nd Alternate
MEMBERS ABSENT
Walter Godfrey
OTHERS PRESENT
Mia Goforth Recording Secretary
Shannon Roberts City Council Member
Kate Latorre Assistant City Attorney
The Board members established that the next meeting would be held on May 22, 2008.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: March 20. 2008.
Motion by Mr. Biederman, seconded by Mr. Viens, to approve the meeting minutes of
March 20, 2008, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
April 17, 2008
Page 2
COMPLIANCE HEARINGS:
1. Case No. 07-159 - 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. (8600 Ridqewood Ave. Unit 3306) - William
M. Stranqe & Joanne M. Sweeney. Property Owners.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
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 testified that this Case is in compliance.
3. Case No. 07-00206 - Violation of Section 105.1. Required: and Section 109.1
General. of the Florida Buildinq Code. as adopted bv 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 testified that this Case is 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 Markoqiannakis. Owner.
Code Enforcement Officer, Duree Alexander testified that this Case is 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.
Prooerty Owners.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
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.
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 obtainina the reauired Dermit and insDections_ Officer Alex::lnrler st::lterl
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that the respondent applied for the permit and if he is granted additional time he could
come into compliance.
Code Enforcement Board
Meeting Minutes
April 17, 2008
Page 3
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 May 22,2008 to come into
compliance or be fined fifty dollars ($50.00) for the first day and twenty-five dollars
($25.00) everyday thereafter until found in compliance.
Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and find the
respondent in violation and be given until May 22, 2008 to come into compliance or be
fined fifty dollars ($50.00) for the first day and twenty-five dollars ($25.00) everyday
thereafter until found in compliance. Vote on the motion carried unanimously.
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 , Enqaqinq
in Business Without Paying Tax or Makinq Reports, of the Cape Canaveral Code
of Ordinances, (7725 Poinsetta Ave.) Oelorse A. Kopitas, Property Owner.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
3. Case No. 08-00021 - 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, (8501 Astronaut Blvd.) - Pantelis
Markogiannakis, 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 work without obtaining the required permit and inspections. Officer Alexander stated
that the respondent has been previously cited for work without a permit and further stated
that Mrs. Markogiannakis requested an extension in writing.
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 May 22, 2008 to come into
compliance or be fined two hundred and fifty dollars ($250.00) for the first day and one
hundred and twenty-five dollars ($125.00) everyday thereafter until found in compliance.
Motion by Mr. Viens, seconded by Mr. Ciercirski, to accept staff's recommendation and
find the respondent in violation and be given until May 22, 2008 to come into compliance
or be fined two hundred and fifty dollars ($250.00) for the first day and one hundred and
twenty-five dollars ($125.00) everyday thereafter until found in compliance. Vote on the
motion carried unanimously.
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 Casa Bella Dr.) - John R. Kanciiia. Esq. R.A., William
Young, MGRM.
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
Code Enforcement Board
Meeting Minutes
April 17, 2008
Page 4
for not obtaining the required Certificate of Occupancies for the three units. Officer
Alexander stated that the respondent has not complied with the St. Johns River Water
Management District (SJRWMD) permit requirements for the storm water system changes
that were made and the developer has sold one of the units without the Certificate of
Occupancy.
Officer Alexander respectfully requested that the Board find the respondent in 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, and be given until May 22, 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. Ciercirski, to accept staff's recommendation and
find the respondent in violation and be given until May 22, 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.
OLD BUSINESS:
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, the City Ordinance
Section 2-260, provides the violator with an opportunity to request a satisfaction or release
of the lien based on the gravity of violation, the time it took to comply, the amount of the
lien, any previous violations, and any other mitigating circumstances that may warrant the
reduction of the fine. Ms. Alexander further stated that the respondent was required to
provide a remedial action plan as per Section 102-49 of the City Code.
Norman Boucher, property owner, testified that the portion of the lot that was cleared was
small in comparison to the size of the lot (approximately 17%). Mr. Boucher explained that
the majority of the trees that were removed consisted of dense pepper trees and scrub
oak. Mr. Boucher expressed his apologies and stated that his actions were not malicious.
Mr. Boucher stated that he has considered a mitigation plan that consists of planting four
3" trees of the City's choice in Banana River Park, and to compensate the staff in the
amount of $500.00. Mr. Boucher is asking for the Board's consideration for the
satisfaction of the lien.
Tom Garboski, of 303 Surf Drive, testified that the lot clearing was a travesty and stated
that the Board should consider instituting the original fine. Mr. Garboski stated that the lot
was overgrown, however, the Laurel Oaks that were taken would have been verj nice
trees. The clearing happened during a long weekend and he believed that Mr. Boucher's
actions were calculated. Mr. Garboski further stated that he believed that, because of the
clearing, the wildlife has been displaced.
Code Enforcement Board
Meeting Minutes
April 17, 2008
Page 5
City Attorney, Kate Latorre, explained to the Board that, according to Section 1 02-49(a) of
the City Code, the respondent is required to remediate according to the code and there is
not a lot of room for discretion. The mitigation plan is in addition to the fine imposed;
however, the Board does have the discretion to reduce the fine of $6,800.00. Ms. Latorre
recommended that the mitigation plan be a condition if the Board decides to recommend
to City Council a reduction in the fine. Discussion followed.
Motion by Ms. Hartley, seconded by Mr. Viens, to recommend to City Council that the fine,
in accordance with Section 1 02-38-(b )(2), in the amount of six thousand eight hundred
dollars ($6,800.00) be imposed. Vote on the motion carried by 4 to 3 majority, with
Charles Biederman, for; James Hale, against; Karen Hartley, for; Mary Russell, for;
Raymond Viens, for; Ed Ciecirski, against; Lynn Mars, against.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:10 P.M.
Approved on this day of ,2008.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
City of Cape Canaveral
NOTICE OF COMPLIANCE
Michael Conroy
7902 Ridgewood Avenue
Cape Canaveral, F! 32922
CODE ENFORCEMENT CASE #: 2006-00059
LOCATION OF VIOLATION: 7902 Ridgewood Avenue, Cape Canaveral,
PROPERTY PARCEL #: 24 372304 4
The above property was found to be in compliance on April 17, 2008, by receiving the required,
approved final inspection for the repairs/replacement of your balcony.
Sec. 82-221, "International Property Maintenance Code Adopted":
Your cooperation in this matter was greatly appreciated.
If you have any questions please call Code Enforcement in the BUilding Department at
(321)868-1222.
SIncerely, ..) /J
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\ Duree Alexander-
\ Code Enforcement Officer
105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247
www.myflorida.com/cape & email: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Code Case:2006-00062
A Florida Municipal Corporation, Date: 5/09/2008
Complainant,
V.
Respondent( s)
Marsha K. & Kent C. Howe
Owner( s) of the property located at:
7908 Ridgewood Avenue, Cape Canaveral
NOTICE OF COMPLIANCE HEARING FOR
CODE ENFORCEMENT BOARD ORDER
PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City
of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) April 9,2007;
June 15, 2007; October18, 2007; January 17, 2008, described below, has not been corrected pursuant to
the entry of an Order by the Code Enforcement Board dated April 19, 2007, requiring the respondent(s) to
correct such violation(s) by June 21,2007; an Amended Order Imposing Penalty on First Violation dated
June 25, 2007, requiring the respondent(s) to correct such violation(s) by August 23, 2007; Second
Amended Order Imposing Penalty on First Violation dated January 17, 2008, requiring the respondent(s)
to correct such violation(s) by April 19, 2008.
The respondent was present at the duly noticed Compliance Hearings held by the Code Enforcement
Board on April 19, 2007; June 25, 2007. The respondent was not present at the duly noticed Compliance
Hearing held by the Code Enforcement Board on January 17, 2008. The respondent has violated the City
of Cape Canaveral Code of Ordinances, to wit: Section 108.1, General; Section 108.1. i, Unsafe
Structures; Section 303.11, Stairways, Decks, Porches & Balconies, of the International Property
Maintenance Code, as adopted by Section 82-221 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 May 22,
2008, before the Code Enforcement Board.
1. Property where violation(s) exist(s):
7908 Ridgewood Avenue, Cape Canaveral
2. Name and address of owner(s) of Property where violation(s) exist(s):
Marsha K. & Kent C. Howe
7908 Ridgewood Avenue
Cape Canaveral, FI 32920
Description of violation(s) at Property:
pee. 82-221J1"I']1~rnational Maintenance Code Adopted"
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'Duree Alexander
Code Enforcemefifi(l)'fflketvenue · 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
THE CITY OF CAPE CANAVERAL, Case #06-00062
A Florida municipal corporation,
Complainant,
v.
Marsha K. & Kent C. Howe
Owner of the Property located at:
7908 Ridgewood Ave
Cape Canaveral, FL 32920
LEGAL: OCEANS GATE LOT 1 PLAT BOOK 0031 PAGE 0071
Respondent,
/
SECOND AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
(AMENDED AS TO ADDITIONAL TIME)
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on April 19, 2007 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the
property. The Board, having heard the arguments of the parties and the evidence presented
and having reviewed the record and being otherwise fully advised, makes the following Findings
of Fact and Conclusions of Law incorporated into this Order as set forth herein.
Findinas of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 108.1, General; Section 108.1.1, Unsafe Structures;
Section 303.11, Stairways, Decks, Porches, & Balconies, of the International Property
Maintenance Code, as adopted by Section 82-221 of the City Code exist or existed upon the
Property and Respondent was further provided a reasonable time to correct said violation;
3. That Respondent either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was present at the hearing;
105 Polk I'\venue ~ Post Office Box 326 e Cape Ca.tlaveral, FL 32920-0326
Telephone: (321) 868-1222 6 SUNCOM: 982-1222 6 FAX: (321) 868-1247
www.myflorida.com/cape · email: ccapecanaveral@cfI.rr.com
Case #06-00062
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 108.1, General; Section 108.1.1, Unsafe Structures; Section
303.11, Stairways, Decks, Porches, & Balconies, of the International Property Maintenance
Code, as adopted by Section 82-221 of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
6. Respondent appeared in person at a duly noticed Compliance Hearing held by
the Code Enforcement Board of the City of Cape Canaveral, Florida on June 25,2007.
7. Respondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2008.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until April 19, 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 and fifty dollars ($150.00) for the first day and one hundred dollars
($100.00) per day thereafter untii 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; Any fine imposed pursuant to
this paraqraph shall be retroactively imposed beginning on August 23, 2007;
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) pei day for each repeat violation, beginning on
the first day the repeat violation( s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09; Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
Case #06-00062
DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of January, 2008.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
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Mary Russj9,I, Chairperson
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Copies furnished to:
Marsha K. & Kent C. Howe, Respondent
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) andlor
Respondent's authorized representative on this :::??. day of 3arH;:>Qr._( , 2008.
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Joy Lombardi, Board Secretary
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1/1~oD-_
l f Duree Alexander, Code Enforcement Officer
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Certmed Fee ~-~ ~)~W
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Return Receipt Fee.. (/) l~ Here ~
(Endorsement ReqUIred) P F=
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Sent TcMarsha K. & Kent C. Howe""''--.-----
str;iei."7908 Ridgewood Avenue
or PO I 1 Fl 32920 ______.u
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City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Case No. 2007-00108
A Florida ~J1unjcipal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner( s) of the property located at:
7520 Ridgewood Avenue, Cape Canaveral
Respondent( s)
Canaveral Towers Condominium Association
Cynthia Shaffer, R. A.
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 22,
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.
/"""\
.f 1
D,A TEiD this 12th day of May, 2008
(/ of I~~~ u~. (-~)
'11 j(;JU...A: j ~ ~/tA.{ / / /1t /t..;:< t//? ,.=~-
Duree Alexander / ~ ~.. .---
Code Enforcement Officer
105 Polk Avenue .. Post Ottlce Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247
www.rnyflorida.com/cape · ernail: ccapecanaveral@cfl.rr.com
/.#
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #07-00108
A Florida municipal corporation,
Complainant,
v.
Canaveral Towers Condominium Association
c/o Cynthia Shaffer, R.A.
Owner of the Property located at:
7520 Ridgewood Avenue
Cape Canaveral, FL 32920
LEGAL: CANAVERAL TOWERS CONDO AS DESC IN ORB 1411 PG 981 AND ALL AMENDMENTS THERETO PB 0003 PG
0007
Respondent,
/
ORDER IMPOSING PENAL TV ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on July 30, 2007 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the
property. The Board, having heard the arguments of the parties and the evidence presented
and having reviewed the record and being otherwise fully advised, makes the following Findings
of Fact and Conclusions of La,.^! 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 14-56, Existing Development; Section 14-55, New
Development, of the City Code exist or existed upon the Property and Respondent 'vvas further
provided a reasonable time to correct said violation;
3. That Respondent either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was present at the hearing;
105 Polk Avenue G Post Office Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247
W\VW.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com
Case #07-00108
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 14-56, Existing Development; Section 14-55, New Development of
the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
6. That said violation shall be punished in accordance with Section 1-15 of the City
Code.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until May 22, 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) (General penalty per Section 1-15) plus 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;
~ The Clerk of the Code Enforcement Board shall record a certified copy of this
v. Order in the public records for Brevard County, Florida, which shall serve as a lien against the
Property and any other real or personal property owned by the Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 30th day of July, 2007.
CODE ENFORCEMENT BOARD OF THE
/
CITY;OF CAPE C;1NAYERAL, FLORIDA
;//~,/ >"., .....v }I /j~F/1, ,~r--f~1 __~
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L./L-(jC/ \. f/ . !_-i/V (I/t:/j /
Craig Stewar:Y,)1ice!--thairpersoh
, (.//
;
,
Case #07-00108
Copies furnished to:
Cynthia Shaffer, R.A., Respondent
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this ~ day of ~..) Lll ,2007.
\
~~ ~,
, CC<7?L,.=-/
Joy Lombardi, Board Secretary
fl
1 :/7 ? I
.. 1-lj(/;!(rplUf}~
Duree Alexander, Coae Enforcement Officer
, 'W~~. ~aSl'al ~e:rviceTM
, ~E~ml~IEE[l MAIl.rM REEc;EEIPT
^ (1!lomestii1: Mail Clnly; No Insurance Coverage Provided)
Certified Fee
Return Receipt Fee
] (Endorsement Required)
] Restricted Deiivery Fee
(Endorsement Required)
J
1 ~. .... $5.21
, Cynthia Shaffer, R. A. .~iil 0 Exoress,Mail
. , C~naveral Towers Management, ^^ ~~ Receipt for Merchandise
___.n.......... 0 C.OD.
1 Inc.
e . d d A nue lery? {Extra Fee) 0 Yes
. 7520 Ri gewoo ve ._..e........___ I'
( Cape Canaveral, F132920 &/l/of€fJ
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...........A..d _ . ___ . _ " __ . J -cnt"')crll::: t'lr:i~" -ii::Af\
City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Case No. 2007-00109
~A. Florida ~J!unicipa! Corporation,
Complainant,
v. NOTICE OF HEARING
Owner(s) of the property located at:
8600 Ridgewood Avenue, Cape Canaveral
Respondent(s}
Royal Mansion Condominium Association
Keith A. Acker, General Manager
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 22,
2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral City HatlAnnex, 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 shat! 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 lega! 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 sali~fied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRlEVED 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 12th day of May, 2008
I' ..
. I
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I /\//./ I fl(Z . J,fLfCLcZu /Q
I '~~'-' ," J ..- . '--'" "'" .,..~~-
\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.myfIorida.com/cape · email: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #07-00109
A Florida municipal corporation,
Complainant,
v.
Royal Mansion Condominium Association
c/o Keith A. Acker, General Manager
Owner of the Property located at:
8600 Ridgewood Avenue
Cape Canaveral, FL 32920
LEGAL: ROYAL MANSION CONDO 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 July 30, 2007 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the
property. The Board, having heard the arguments of the parties and the evidence presented
and having reviewed the record and being otherwise fully advised, makes the following Findings
of Fact and Conclusions of Law incorporated into this Order as set forth herein.
Findingsof 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 14-56, Existing Development; Section 14-55, New
Development, of the City Code exist or existed upon the Property and Respondent was further
provided a reasonable time to correct said violation;
3. That Respondent either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was present at the hearing;
105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247
www.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com
Case #07-00109
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 14-56, Existing Development; Section 14-55, New Development of
the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
6. That said violation shall be punished in accordance with Section 1-15 of the City
Code.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, !T !S HEREBY
ORDERED:
1. Respondent be given until May 22, 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) (General penalty per Section 1-15) plus one hundred
dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until the violation is
corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall
be responsible to provide notice of such violation being corrected to the Code Enforcement
Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of
Compliance;
3. The Clerk of the Code Enforcement Board shall record a certified copy of this
Order in the public records for Brevard County, Florida, which shall serve as a lien against the
Property and any other real or personal property owned by the Respondent;
4. 1L1,ny and all future recurrence(s) of any violation(s) addressed herein after sarne
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 30th day of July, 2007.
CODEcENFORCEMENT BOARD OF THE
CITY/0F CAPE CANAYERAL, FLORIDA
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Case #07-00109
Copies furnished to:
Keith A. Acker, Respondent
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this <3 l day of ':;'0IL( ,2007.
~~->
-(>/~
,>
Joy Lombardi, Board Secretary
/\
/ ,
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1:'1 {k./1!/f:eifl//2t?JlC-/
Duree Alexander, Code Enforcement Officer
Tl
Certified Fee
-'l
:::J Return Receipt Fee
:::J (Endorsement Required)
:::J Restricted Delivery Fee
(Endorsement Reauired)
:::J ' .. . I $5.21
J1 - - lil ~ress Mail
:r
n _ Keith A Acker neTlPr.,] l\tf,.,~.,,-,.~~ . eturn Receipt for Merchandise
~ l: 8600~Rid~~::~~d~A~;~:eHWHab"i I DC.O.D.
-------..-...--- very? (Extra Fee) D Vesl ' W'
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- . :ell' " " . ' - - .. ~ - '10150 102595.02.M.1540
City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Case No. 2007-00113
A Florida Municipa! Corporation,
Complainant,
v. NOTICE OF HEARING
Owner(s) of the property located at:
8470 Ridgewood Avenue, Cape Canaveral
Respondent{ s)
Flores Del Mar Condomium Association, Inc.
C/O Petey Davis R. A.
C/O Gary Mincer, President
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 22,
2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral City Haii Annex. 111 Polk Avenue, Cape Canaveral, Fl 3292Q.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
vioiation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation
attached as EXHtBtT "An and shalt mak.e 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
AOMfN1STRA TfVE ORDER OF THE CODE ENFORCEMENTffOARO TO THE CfRCUIT 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 AGGRI~VED 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.
/"',
DA1EP this 12th day of May, 2008
I i
I
j i
J
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
THE CITY OF CAPE CANAVERAL, Case #07-00113
A Florida municipal corporation,
Complainant,
v.
Flores Del Mar Condominium Association, Inc.
cia Petey Davis, R.A.
Owner of the Property located at:
8470 Ridgewood Avenue
Cape Canaveral, FL 32920
LEGAL: FLORES DEL MAR CONDO PT OF REPLAT OF CHANDLER PARK SUBD AS DESC IN ORB 4450 PG 2318 AND ALL
AMENDMENTS THERETO PLAT BOOK 0021 PAGE 0080.
Respondent,
I
ORDER IMPOSING PENAL TV ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on August 23, 2007 to
determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or
existed on the property. The Board, having heard the arguments of the parties and the
evidence presented and having reviewed the record and being otherwise fully advised, makes
the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth
herein.
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 14~56, Existing Development; Section 14-55, New
Development, of the City Code exist or existed upon the Property and Respondent was further
provided a reasonable time to correct said violation;
3. That Respondent either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and had a representative present at the
hearing;
105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247
www.myflorida.com/cape .. email: ccapecanavera1@cfl.rr.com
Case #07-00113
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 14-56, Existing Development; Section 14-55, New Development of
the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
6. That said violation shall be punished in accordance with Section 1-15 of the City
Code.
BASED UPON THE FOREGO!NG FACTS AND CONCLUSIONS, !T !S HEREBY
ORDERED:
1. Respondent be given until May 22, 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) (General penalty per Section 1-15) plus one hundred
dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until the violation is
corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall
be responsible to provide notice of such violation being corrected to the Code Enforcement
Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of
Compliance;
3. The Clerk of the Code Enforcement Board shall record a certified copy of this
Order in the public records for Brevard County, Florida, which shall serve as a lien against the
Property and any other real or personal property owned by the Respondent;
4. ,l:1,ny and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation( s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of August, 2007.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE NA VERAL, FLORIDA
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Case #07-00113
Copies furnished to:
Flores Del Mar Condominium Association, Inc.
c/o Petey Davis, R.A.
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this .24 day of AC;':,PUST , 2007.
~~
Joy 1!6mbardi, Board Secretary
~--
SECTION ON DELIVERY
-
-
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1 hlJ"" ~
\ rn
"l ! Certified Fee p~ark ~
:J Retui r-'I
:J (Endorse~ CJ Return Receipt Fee ~ ):>
:J nMt-'-t' Cl (Endorsement Required) -.s ;:;;
.., (E;dOi~e~ C:i . Restricted Deiivery.Fe~ ~.O.OO ~ ~ ~ / i!!/
~' (Endorsement Requtred) \..9~ 71~i '/
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r To 'U1 ~:). ~ ' , 0 M 'I
n i 1i . '. II ress at . .
D ~ N, ~ 'Flores Del Mar Condo. Assoc. ~mRoc'iP""M~h''''''~
:J sf- 19\ ..1l Sen C/O Gary Mincer, PreSident ._______00.__ 0 C.O.D,
- ro #304 ry7 'EXt Fee) 0 Yes
::.: orF Cd ! CJ sfre 8472 Ridgewood Avenue 'e { ra
~~7 R ",C Cape Canaveral, FL 32920------- 6249
i i CIty, t77/j,q/31J _
-, . ,'1 eo_ .. '" '. . . ';f~ 102595-02-M-1540
'SForm 38'H b 2004 Domestic Return Receipt
I PS Form , Fe ruary >u"'o"o-U~-M-1540:
City of Cape Canaveral
NOTICE OF COMPLIANCE
Richard Kopitas
4570 Deanna Court
Merritt Island, FI 32953
CODE ENFORCEMENT CASE #: 2007-00212
LOCATION OF VIOLATION: 121 Monroe Avenue, Cape Canaveral,
PROPERTY PARCEL #: 24 3723CG 25 5
The above property was found to be in compliance on April 28, 2008, by receiving the required,
approved final inspection on permit #5719.
Sec. 82-31. Florida Building Code (FLBC) adopted.:
Your cooperation in this matter was greatly appreciated.
If you have any questions please call Code Enforcement in the Building Department at
(321)868-1222.
105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 " FAX: (321) 868-1247
wvlW.myflorida.com/cape " email: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Code Case:2008-00021
A Florida Municipal Corporation, Date: 5/08/2008
Complainant,
V.
Respondent( s)
Pantelis Markogiannakis
Owner(s) of the property located at:
8501 Astronaut Blvd, Cape Canaveral
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) April1?, 2008,
and May 9, 2008 described below, has not been corrected pursuant to the entry of an Order by the Code
Enforcement Board dated April1?, 2008, requiring the respondent{s) to correct such violation(s) by May
22, 2008.
The respondent was not present at the duly noticed Compliance Hearings held by the Code
Enforcement Board on April1?, 2008. The respondent has violated the City of Cape Canaveral Code of
Ordinances, to wit: Section 105.1, Permits Required; and 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 May 22,
2008, before the Code Enforcement Board.
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(s):
Pantelis Markogiannakis
1850 Charlesmont Drive #128
Indialantic, FL 32903
3. 9eS:tription of violation(s) at Property:
/$e182-31. FI~fi9f Building 9pdy (FLBC) adopted.
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lJl{feEf AlexanCfer (
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 .. ernail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #08-00021
A Florida municipal corporation,
Complainant,
v.
Pantelis Markogiannakis
Owner of the Property located at:
8501 Astronaut Blvd.
Cape Canaveral, FL 32920
LEGAL: PART OF OOVT LOT 4 AS DESC IN ORB 5321 PO 3501
Respondent,
/
ORDER IMPOSING PENALTY FOR REPEAT OR RECURRING VIOLATION
THIS CAUSE having come on for consideiation, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on April 17, 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"
Findings 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 .....ith 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
time to correct said violation;
3. That Respondent either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
105 Polk Avenue .. Post OffIce Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247
www.myt1orida.com/cape 3 email: ccapecal1averal@cfLrr.com
Case #08-00021
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 May 22, 2008, to correct any violation of the City Code
I. 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 two hundred and fifty dollars ($250.00) for the first day and one hundred and twenty-
five dollars ($125.00) 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 shaii promptly fiie 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 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.
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 17th day of April, 2008.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
-----.
('
Case #08-00021
Copies furnished to:
Pantelis Markogiannakis, Property Owner
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this 2..L day of Af?r: I ,2008.
~.&~
r. Joy t mbardi, Board Secretary
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City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Code Case:2008-00023
A Florida Municipal Corporation, Date: 5/08/2008
Complainant,
V.
Respondent( s)
Bayport, LLC
John R Kancilia, Esq., R. A.
& William Young, MGRM
Owner( s) of the property located at:
578-580 Casa Bella Drive, Cape Canaveral
NOTICE OF COMPLIANCE HEARING FOR
CODE ENFORCEMENT BOARD ORDER
PURSUNANT to section 162.06, Florida Statues, and Chapter 2, Article Vi, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice to the City
of Cape Canaveral Code Enforcement Board that the violation(s), as of this/these date(s) April 17, 2008,
and May 9, 2008 described below, has not been corrected pursuant to the entry of an Order by the Code
Enforcement Board dated April 17, 2008, requiring the respondent(s) to correct such violation(s) by May
22, 2008.
The respondent was not present at the duly noticed Compliance Hearings held by the Code
Enforcement Board on April 17, 2008. The respondent has violated the City of Cape Canaveral Code of
Ordinances, to wit: Section 110-91 ,Conformity to Plans, Specifications, intented Uses and Applications;
Section -110-121, Certificate of Occupancy Required; and Sections 110.1, Uses and Occupancy; 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 May 22,
2008, before the Code Enforcement Board.
1. Property where vio/ation(s) exist(s):
578-580 Casa Bella Drive, Cape Canaveral
2. Name and address of owner(s) of Property where violation(s) exist(s):
John R Kancilia, Esq., R. A.
1800 W Hibiscus Blvd Suite 138
Melbourne, FL 32901
3. gepcription of violation(s) at Property:
/Se,i:::. 110-121 "Certificate of Occupancy
I ;./-----", ,//'J~-------:-/
II/C. \f(L_/~
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uree Alexander ~..~.~~~- ~ ~.
Code Enforcement Officer ~ ~.-._- _'_
J. 05 Polk Avenue .. Post Office Box 326 e Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. FAX: (321) 868-1247
wwvv.myflorida.com/cape e email: ccapecanaveral@cfLrr.com
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #08-00023
A Florida municipal corporation,
Complainant,
v.
Bayport, LLC
c/o John R. Kancilia, Esq., R.A.
& William Young, MGRM, P.O.
Owner of the Property located at:
578-580 Casa Bella Dr.
Cape Canaveral, FL 32920
LEGAL: UNIT 2001,2002, BAYPORT CONDO PHASE IV AS DESC IN ORB 5393 PG 6053 AND ALL AMENDMENTS
THERETO
Respondent,
/
ORDER IMPOSING PENAL TV ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on April 17, 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 fuUy advised, makes the foiiowing Findings
or 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 rinds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-25~ of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
"J That a 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
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 \I'vithin the
reasonabie time period provided in the Notice of Vioiation; that the Respondent was provided
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 a email: ccapecanaveral@cf1.rr.com
Case #08-00023
notice of hearing before the Code Enforcement Board and was not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: 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 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 May 22, 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 two hundred and fifty dollars ($250.00) per day until the violation is corrected and full
compliance is confirmed by the Code Enforcement Officer. Responclent 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;
Lei Any and aU future recurrence(s) of any violation(s) addressed herein after same
... have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is I are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any 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 17th day of April, 2008.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
7ntZ4y.~~
Mary RussefJ. Chairperson ""
" U .
Case #08-00023
Copies furnished to:
Bayport, LLC
c/o John R. Kancilia, Esq., R.A.
& William Young, MGRM, P.O.
City of Cape Canaveral, Case File
I herebv certify that a true and correct CODV of the above and foreaoina Order Imoosina Penaltv
.. .. ~ '" _._ I...., .,
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this ....i::.L day of f-/?r'- { ,2008.
d L("~~
Joy L&rlbardi, Board Secretary
biJree Alexander, Code Enforcement Officer
City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Case No. 2007-00213
A Florida Municipal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner(s) ofthe property located at:
120 Seaport Blvd, Cape Canaveral
Respondent( s)
Villages of the Seaport Condo. Association
C/O Russell E. Klemm, R.A.
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 22,
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 PARrf, INCLUDING THE CITY OF CAPE CANAVERAL, ~l!P',Y ,1l.PPEi\L 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.
Df::rED this 9th day of May, 2008
;/}i -!l/~
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/ /~1'"?*~~if7/J tL~~Z:'-~'_:'~~rt~=C1~O-'L;'--'_~;:~,=.
\ '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.mytlorida.com/cape G email: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLAT!ON
THE CITY OF CAPE CANAVERAL Case No. 2007-00213
A Florida Municipal Corporation, 12/07/2007
Complainant,
v.
Owner( s) of the property located at:
120 Seaport Blvd., Cape Canaveral
Respondent( s)
Villages of the Seaport Condo. Association
C/O Russell E. Klemm, R. A.
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of
violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below.
Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below
is/are to be voluntarily performed within thirty (30 ) 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):
120 Seaport Blvd., Cape Canaveral
2. Name and address of owner(s) of property where violation(s) exist:
Villages of the Seaport Condo. Association
C/O Russell E. Kemm, R. A.
120 N Seaport Blvd.,
Cape Canayeral, Florida 32920
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
Correspondence was sent to you by the City of Cape Canaveral Fire Marshal, Johnny Cummingham
on October 26,2007, allowing thirty days to provide documentation to the fire department that the
buildings in question meet the exception to the fire code that would allow you to remove your fire alarm
systems. You failed to provide the requested documentation.
3. Description ofViolation(s) at property: SEC. 38-26; Florida Fire Prevention Code-Adopted.
The Florida Fire Prevention Code and the Life Safety Code adopted by the State Fire Marshal, Florida
Statute 633.025 (1), Minimum Fire Safety Standards, is adopted by reference as though it were copied in
this article in full.
FFPC 31.3.4; Detection, Alarm, and Communications Systems.
FFPC 31.3.4.1; General
FFPC 31.3.4.1.1; Apartment buildings with more than three stories or with more than 11 dwelling
units, other than those meeting 31.3.4.1.2, shall be provided with a fire alarm system in accordance with
Section 9.6, except as modified by 31.3.4.2, through 31.3.4.5.2.
FFPC 31.3.4.1.2; A fire alarm system shall not be required where each dwelling unit is separated
from other contiguous dwelling unit by fire barriers (see section 8.3) having a fire resistance rating of not
less than 1/2hour, and where each dwelling unit has either its own independent exit or its own independent
stairway or ramp discharging at grade.
FFPC 31.3.4.3.5; Fire department notification shall be accomplished in accordance with 9.6.4, which
states: Emergency Forces Notification; where required by another section of this code, emergency forces
notification shall be provided to alert the municipal fire department and fire brigade (if provided) of fire or
other emergency. Where fire department notification is required by another section of this Code, the fire
alarm system shall be arranged to transmit the alarm automatically via any of the following means
acceptable to the authority having jurisdiction and shall be in accordance with NFPA 72, National Fire
Code:
(1) Auxiliary alarm system
(2) Central station connection
(t) Proprietary system
(4) Remote station connection
4. Recommendation to correct the violation(s) described above:
You must provide documentation from a Fire Protection Engineer that you meet the exception in the
fire code as stated above. If the requested documentation is not provided you must maintain the fire
alarm systems and have them monitored as required above.
Faiiure to comply '!,ithin thirty (30) days from receipt of this ~~otice shall iesult 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.
/l " ,1/
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{'k(/J (\fJf rJ / (/1 /), { !
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Duree lexander (v ~c-__
Code Enforcement Officer
C: Johnny Cunningham, Fire Marshal
John Olive, President
City of Cape Canaveral
THE CITY OF CAPE CANAVERAL Case No. 2008-00054
IA.. Florida ~v1unicjpal Corporation,
Complainant,
v. NOTICE OF HEARING
Owner{s) of the pmperfy located at
9009 Astronaut Blvd., Cape Canaveral
Respondent( s)
Portview lnn & Suites LLC, dba Country lnn & Suites
Dale L. Cox, RA
Kelly Powell, GM
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on May 22,
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
l'ttl"Stf8ntto SectioTl1-62 .{j7, Roricta St"attltes,8ndCtrapter 2, AlticfeV'+jof the City of C'dpe Carravercrl
Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Smce 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 requl(mg 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
arrdlOfot.fler }iefsonalor r'€al property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL
ADMINJSTRATJVE 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
TESliMONV ANOEV1DENCE tfPON \I\ltHCHTHE APPEA1.f-S m BE BASED.
D this 29th day of April, 2008
'7
105 Polk Avenue " Post Office Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUNCOM: 982-1222 .. Lt\X: (321) 868-1247
wwvv.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOT!CE OF VIOLA T!ON
THE CITY OF CAPE CANAVERAL Case No. 2008-00054
A Florida Municipal Corporation, 4/14/2008
Complainant,
v.
Owner(s) of the property located at:
9009 Astronaut Blvd., Cape Canaveral
Respondent( s)
Portview Inn & Suites, LLC, dba Country Inn
c/o Dale L. Cox, RA
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 Five (5) 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 vioiation(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):
9009 Astronaut Blvd., Cape Canaveral
2. Name and address of owner(s) of property where violation(s) exist:
Dale L. Cox, R. A.
Portview Inn & Suites, LLC
5629 Grand Avenue Suite 1
Duluth, MN 55807
105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 .. SUl'.JCOM: 982-1222 e FAX: (321) 868-1247
'A'WW.myflorida.com/cape .. em ail: ccapecanaveral@cfl.rr.com
Page 2
2008-00054
Our office contacted Mr. Bud Burch on 4/18/07, regarding the parking/storage of vehicles on the vacant
property located in front of the Country Inn & Suites. Todd Morley, Building Official informed him that
parking in this area is a violation and requested that the use of this area for parking/storage of vehicles
cease immediately. \AJe vvere informed at that time that a Business Tax Receipt 'vvoufd be obtained and a
revised site plan would be submitted.
The parking of vehicles on un-improved property is a violation. In addition, you are operating a
separate business without the required Business Tax Receipt.
Staff is requesting that you cease and deist allowing parking/storage of vehicles in this un-improved
area immediately.
3. Description of Violation(s) at property: SEC 110-555; Paving of Vehicular Areas
Sec. 110-555. Paving of vehicular use areas.
All commercial and industrial areas used for the display or parking of any and all types of vehicles,
boats or heavy construction equipment and all land upon which vehicles traverse the property as a
function of the primary use, including but not limited to drives, parking, service and display areas, shall be
paved.
Sec. 110-492. Location of spaces.
(d) Required offstreet parking areas for seven or more automobiles shall have individual spaces
marked and shall be so designed, maintained and regulated that no parking or maneuvering shall be on
any landscaped buffer, public street walk or alley and so that any automobile may be parked and
unparked without moving another, allowing, however, a driveway of not more than 24 feet total on any
street or alley for ingress or egress to the offstreet parking area.
Parking space, offstreet, consists of a minimum paved area of 200 square feet for parking an
automobile, exclusive of access drives or aisles thereto.
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. 110-339. Offstreet parking and access.
In the C-1 low density commercial district, offstreet parking and access to a public or private street
shall be provided in accordance with section 110-466.
Sec. 110-466. Application of performance standards.
(a) Any use, building, structure or land developed, constructed or used for any permitted principal use
or any use permissible as a special exception or any accessory use shall comply with all of the
performance standards set by federal, state and county regulations.
(b) If any USe or building or other structure is extended, enlarged or reconstructed, the performance
standards involved shall apply with respect to such extended, enlarged or reconstructed portion of such
use, building or other structure.
Page 3
2008-00054
4. Recommendation to correct the violation(s) described above:
Cease and desit all parking/storing vehicles on the vacant land in front of the Country Inn & Suites.
You must remove all vehicles \^Jithin five days to be in compliance.
Failure to comply within Five (5) 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~?averal (321) 868-1222 x 13.
t~~
'Duree exan er -fJ .
Code Enforcement Officer
t:Q
-n .m 1S SECT/ON ON DEl./VERY
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::t" IT" I, IT"
6tt;~~ o Agent
i 0 Addressee
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J En R~ CJ CJ: Return Receipt Fee $.2" 15 (I> ~"2l'~
( dor - Cl Re: (El" dorsement Required)
I . . (Endors.
! (&,es,r~ Cl " ~ ,Ri stricted Delivery Fee $0.00 ~ ~,
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Total -'" "' - r
ISentTc . n ..1J ~ iail ~ss Mail
I........ ClISe,,", g ~"Portview Inn & Suites LLC
Street. Cl ____n
~~~?~~- !"'- Sireef,:. !"'- ~;r;,~ 5629 Grand A venue Suite 1 .ti~________ if ... n J:?~""Qint fnr Merchandise
o C.O.D. -;
C .~~~?.: cliY;i Duluth, MN 55807 . / .n._n.___ IVery? (Extra Fee) DYes
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935 3923
- 1-'::; , FebrualY 2004
Form ~_. __ 1""\.... __" _