HomeMy WebLinkAboutAgenda Packet 09-18-2008Call toOrder
Roll Call
C,ity of Cape Canaveral
AGENDA
CODE ENFORCEMENT BOARD
REGULAR MEETING
111 POLK AVENUE
September 18. 2008
Establish Next Meeting Date: October 23, 2008
NEW BUSINESS:
Approval of Meeting Minutes.- July 31, 2008
Case No. OO-00083—Violation ofSection 1O5.1.Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82-31.uftheCity ofCape Canaveral Code ofOrdinances- (5801 NJ- /\UanUu/\va
Unit 703)— Edward W. &Jessie [}Ona Cieoinski, Property Owners. (|n
compliance)
1. Case No. VG-0O087—Violation 0fSection 34-gW(m)(b\.S<@ndard3Estob/ksh�d-
SenUon54-98/b\.Bui|dingAppeangn*a8ndMBinb*nanme.ofthoCitvofC@pe
'Canaveral Code ofOrdinances; and Section 1O5.1.Permit R8quinaU�and Section
1O9.1.Inspections General, ofthe Florida Bui(dinQCode. osadoptedbySection
82-51.0fthe City ofCape Canaveral Code ofOrdinances, (O3O3Rosalind Ave.)
Sharon M. Clark, Property Owners.
2. Case No. 08-O01O0—Violation OfSection J4-08.Building Appearance and
Maintenance, nfthe City OfCape Canaveral Code ofOrdinances; and Section
303.7, Roofs and Drainage, of the International Property Maintenance Code, as
adopted bySection 82-221,0fthe City ofCape Canaveral Code ofOrdinances,
'8500 Rosalind Ave.) Whispering Oaks Condo Assoc. of Brevard, Inc., C/o
Marilyn A. Rigerrn8n, R.A.
3. Case No. O8-OO115—Violation ofSection 8O-4 Compliance (Vehicles for Hire\;
Section 80-26. Certificate OfPublic Convenience @ Necessity, License; and
Section 11O-551(h).Location OfRecreational Vehicles, Ofthe City ofCape
Canaveral Code of Ordinances, (360 Monroe Ave.)Thurston VV. Kirby, Property
uwner.
7510N. Atlantic Avenue ° Post Office Box 326 = Cape Canaveral, FL32920-0326
Telephone: (92l)868 -l222 ° Fax: (32l)868 -l247
www.myflorida.mm/capc° email:coapcmomand@cfl.rr.mm
eEnforcoment Board
lo8
�ember18'2UUO
Page
4. Citation No. O003—Violation OfSection 82-375'Construction Contracting
Regulation Violation, 0fthe City ofCape Canaveral Code ofOrdinances, (8775
Oleander Ct.) Dan Higgins, Property Owner.
I QksUonNo. 0005—Violation 8fSection 82-375.Construction Contracting
Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (8661
6. Citation No. OOO6—Violation nfSection 82-375.Construction Contracting
Regulation Vio I.--ation, of the City of Cape Canaveral Code of Ordinances, (8657
Villa Nova Dr.) Michael J. Katsarakes, Contractor.
7. Citation NO. OOO7—Violation of Section 82-375' Construction Contracting
Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (8652
Villa Nova Dr.) Michael J. Katsarakes, Contractor.
Pursuant to Section 286.01[5,F.S,the City hereby advises the public that: |foperson decides to appeal
anyd��onmade by�eCo�En��eme���nd����e�bany m��roon�domdat��me�ng.
tUatpamonwiUnendaneoondofthepmueodingo.andfornuohpurponeihatpemunmuynoedtoonsur*Uhat
a verbatim record of the proceedings in mude, which record includes the testimony and evidence upon
which the appeal iotobobased. This notice does not constitute consent bythe Cityfor the intmduotionor
admission into evidence nfotbemvinoinadmissible orinn|ovantevidence, nor does itauthohzechallenges or
appeals not otherwise allowed by |uvv. The attendance of one or more members of the Cape Canaveral
Ci1yCououi|.Boa,dqfAdustmant.P|onning&Zoningand/orCummunityAppaomnoeBoandwhomayor
muy notpurbuipuha in Board disvuooions he|d atthiapub|ic rneotinnPersonnwi+h dicabi|i800 needing
special assistance to participate in any of these proceedings should contact the City Clerk's office at 808-
1221.48hours inadvance ofthe meeting.
CITY C)FCAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JULY 31.2O08
7:00 PM
ARegular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on July 31, 2008. in the City Hall Annex, 111 Polk Avenue, Cape Conover8|,
Florida.
Chairperson Mary Russell called the meeting 02 order at 7:00 PM. The Board Secretary
called the roll.
jug 1=11:10:43wz4gaig
Mary Russell
Charles Biederman
Edward Ci8cinski
Walter Godfrey
James H8|8
Karen Hartley
Lynn Mars
MEMBERS ABSENT
Raymond Viens
QureaAJexonder
Joy Lombardi
BObHoog
Shannon Roberts
Kate Latorre
1 't Alternate
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Mayor Pro Tern
City Council Member
Assistant City Attorney
The Board members established that the next meeting would be held on August 21, 2008.
Assistant City Attorney LaTorre swore in all persons giving testimony
NEW BUSINESS:
Approval of Meeting Minutes: june 19, 2008.
Motion by Mr. Biedann@n, seconded by Mr. Hale, 1Vapprove the meeting minutes ofJune
Code Enforcement Board
Meeting Minutes
July 31, 2008
Page
2. Interview Perspective Board Member, Ralph S. Lotspeich, Jr.
K4c L0tspekh testified that he hos been 8 Brevard County resident since 1903. He stated
that he currently resides at the Puerto Del Rio Condominium, and has several rental
properties in Cape Canaveral. Mr. Lotsp8ich explained that h8will retire from the
Department of Defense in five years and is interested in serving on the Code Enforcement
Board.
Motion by Mr. Biederman, seconded by Mr. Godfrey, torecommend that City Council
appoint Mr. Lotsp8jch as an alternate board nnernbo[ Vote onthe motion Coni8d
unanimously.
3. Interview Perspective Board Member, Rosanne Scirotto.
Ms. Scirotto testified that she has been a resident of the City of Cape Canaveral for 25
years. She stated that she has been a business owner for the past twelve years, and she
hears o lot ofcomplaints from her nuStonn8rS within the City. Ma. 8cirOttO explained that
she saw the advertisement on the City's marquee and thought she could bring the
complaints tothe City's attention.
Mary Runae||. Chairperson, explained that as @ Board Member she would not be able to
bring forward acomplaint. Chairperson Russell stated that members ofthe Code
Enforcement Board are to maintain afair and impartial perspective; therefore, the persons
o[interest would have to bring their own COnnp/8in0s to the City's attention.
Motion by Mr. CieoirSki, seconded by Mr. Ha|e, to recommend that City Council appoint
Ms. Goinottoasanalternate board member. Vote OUthe motion carried unanimously.
Case No. 07-00109 — Violation of Section 14-56, Existing DevelODment: Section
14-55, New Development jurtle Lighting). of the Ciity of Cape Canaveral Code of
rdinances, (8600 Ridgewood Ave.) — Royal Mansion Condominium Association,
c/o [(--ith A. Acker. General ManaggL
Code Enforcement Officer, Duree Alexander provided an overview of the Case history.
Officer Alexander testified that the respondent has come a long way in the attempt to bring
the property into compliance. Officer Alexander explained that there are ofevvissueSleft
inorder for the respondent iobeinfull compliance.
Nancy Lewis, General Manager, presented photos and invoices for the new lightfixtun8S
that have been installed. MS. Lewis stated that they have provided information for the
guests to close blinds or turn off the lights after 9 pm, and they have blacked out the site
globe lights. She explained that the condominium association has recently trimmed the
.sea grapes ;;ndpeppprtr88eonthe duno- sowhen they grow, the vegetation will help
shield the lights on[he beach.
Officer Alexander respectfully requested that the Board amend the Order to grant the
Code Enforcement Board
Meeting Minutes
July 31'2DO8
Page
Motion by M[ Godfrey,seconded by Mr. Hale, to accept staff's recommendation and give
the respondent until October 23, 2008 to come into compliance or impose the fines of the
Board Order. Vote on the motion carried unanimously.
2. 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.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
PUBLIC HEARINGS:
Case No. 08-00063 — 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, (6103 N. Atlantic-Avej
jWL, LLC, c/o Keith Bennett, R.A.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history and
testified that the violation is work without the required permit and inspection. Officer
Alexander explained that the respondent obtained a permit for the ground sign but it
expired without 8napproved final inspection. Officer Alexander stated that the Community
Appearance Board (CAB) approved the request with the Condition that a planter be
installed atthe base ofthe ground sign. The condition was not met and the CAB approval
from March 3, 2007 has expired. Officer Alexander testified that the respondent has not
contacted her and would not accept any Ofher notices.
Officer Alexander respectfully requested that the Board find the respondent in violation of
SBCUon 105.1, Permit Required; and Section 109.1. inspections General, of the Florida
�ui!di�g <�ode. aa �dopL�d by {���Lion �2-31. ofthe (--i°' OfCepe Canaveral Code of
Ordinances; and immediately impose 8fine inthe amount ofone hundred and fifty dollars
1bO.00\forth��rs�day�ndseventy-�v�do/|�r�/�75�00)perdaythenaafi�runb|found in
compliance.
Motion by &1r. Bodfrey, seconded by Mr. Ha|e, to accept staff's recommendation and find
the respondent in vio|ation, and immediately impose o fine in the amount Ofone hundred
and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day
thereafter until found incompliance. Vote onthe motion carried unanimously'
2. Case No, 08-00083 — Violation of Section 105.1, Permit Required, and Secti.on
109.1, Inspections General,...of the Florida Building Code, as adQpted by Section
82-31, of the City of Cape Canaveral Code of Ordinances, (5801 N. Atlantic Ave.
Unit 703) — Edward W. & Jessie Dora Ciecirski, Property Owners.
Code Enforcement officer, Dunae Alexander provided en oven/ievv ofthe De�e his�ory
CdfoerAlexander testified that the violation iofor the installation ofhurricane shutters
without the required permit and inspections. Officer A|exenderxt2fedthetth�- nnntrar_tor
applied for the permit on Tuesday, July 29, 2008 and recommended additional time to
come into compliance.
Code Enforcement Board
Meeting Minutes
July 31.2OO8
Page
Edward Ckaorski, property owner, testified that he purchased the shutters from another
company and hired American Eagle to install them; and stated that he assumed they
(American Eagle) pulled the permit. Mr. Cieoirnkistated that hehas contacted American
Eagle to obtain the permit and they assured him that they would take care of it. He further
stated that he would be in compliance by August even if he had to remove the shutters.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida
Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of
Ordinances, and begiven until August 21,2O0Otocome into compliance.
Motion by Mr. Hale, seconded by Mr. Godfrey, tOaccept staff's nsoOrnnnend8tiQn and find
the respondent in violation, and be given until August 21, 2008 to come into compliance.
Vote nnthe motion carried unanimously.
OLD BUSINESS:
Case No. 05-000113 & 06-00097 — Violation of Section 34-97, Duties and
responsibilities for maintenance: Section 34-122, Public nuisances prohibited;
Section 34-126, Remedy by the City; Section 34-98(4), Building Appearance and
Maintenance: Section 302, International Propertv Maintenance Code — Rodent
Harborage, of the Cape Canaveral Code of Ordinances, (116/118 Tyler Ave.)
Bradley C. Clarke, Property Owner. (Application for Satisfaction or Release of
Code Enforcement Lien
Officer Alexander stated the Case has been withdrawn from the agenda.
Therab�ingnOfu�h�rbusine8�LhemeebnQ�cUounn�da17��OP.;�.
Approved onthis day of.2O0O
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
d J 'I i������
� u
F COMPLIANCE
Edward VV& Jessie Dora (Isola) Cieoirski H/VV
58O1NAtlantic Avenue, #7O3
Cape Canaveral, F|32y20
CODE ENFORCEMENT CASE #: 2008-00082
LOCATION OF VIOLATION.- 5801 N Atlantic Avenue, Unit 703. Cape Canaveral, Fl,
PROPERTY PARCEL #: 24 3726CH 18G03
You were found in compliance onAugust 15. 2008. by obtaining the required approved inspection for
the installation ofthe shutters.
Sec 82-31.Florida Building Code (FLBC)odnptod.:
Your cooperation in this matter was greatly appreciated and we apologize for anyinoonvanienue.
Please continue to maintain your property by keeping the yard Cut, and the trees and bushes
trimmed.
if you have any questions please call Code Enforcement in the Building Department at
(321)868-1222.
Duree Alexander
Code Enforcement Officer
THE CITY OFCAPE CANAVERAL
A Florida Municipal Corporation,
kAty of Cape Canaveral
Case No. 2006-00087
V. NOTICE OFHEAR|N(�
[�vner(s)ofthe property located at:
Respondent(s):
Sharon K0.Clark
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on
September 18.2DO8edTOO p.rn,oroosoon thereafter aspossible. The hearing U
n�w�bohekj@ttheCbyof
Cape Canaveral City Ho|| Annex, 111 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
vio��on(o)uncuningupon the pnopehyofthe RempondenKu)asset fodhinthe Nodce(s)uf\�o�Mon
2�aohedasEXH/B|T'YY^�ndsh�(|nnakeadetemn)nadonuo&n�hethersuchvio/�tion(o)is/arecorrected
pursuant toSection 182O7.Florida Statutes, and Chapter 2.Article V/ ofthe City ofCape (�anavera/
<�odeofOrdinances.
'
You are entitled totestify and present evidence and witnesses hldefense otthe heahng Since the
proceedings ofthe Code Enforcen�entBoard are �oo|inn�tuna.ynunoayw�hbohave�~'|attend the above referenced hearing. Pcounse|
The Code Enforcement Board may enter anOrder requiring the owner ofthe Ppope�yt000rnso�any
violation(s). This penalty, ifnot paid, will become alien onthe Property and any other personal orreal
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said- Property
and/orother personal orreal pnopedy.
ANAGGRIEVED PARTY, INCLUDING THE CITY OFCAPE CANAVERALMAY APPEAL AFINAL
ADK�/N|3TRATVEORDER OFTHE CODE ENFORCEK8ENTBOARD TOTHE CIRCUIT COURT AS
PROVIDED BYTHE GENERAL LAW [}FTHE STATE OFEXECUTION OFTHE ORDER TOBE
APPEALED. FURTHER, |FANAPPEAL |SFILED, THE AGGRIEVED PARTY MAY NEED TDENSURE
THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE ApPEAL|GTO8EBASED.
DATED this Aday of September, 2808
Duree Alexander
Code Enforcement Officer
75lUN.Atlantic Avenue ° Post Office Box }26 ° Cape Czuovrza_l.FL 32928-0326
Telephone: (]2l)O68-l222 ° Fax: (]7l)O68-l247
M
THE CITY DFCAPE CANAVERAL
A Florida Municipal Corporation,
Complainant
Ovvner(o)ofthe property located at:
8303 Rosalind Avenue, Cape Canaveral
Respondent(s)
Sharon M. Clark, Property Owner
k-ALY UjL %__,U]PC k_,U11UVC1U1
Case No. 2006-00087
NOTICE OFVIOLATION
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article V!, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice oi
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/aneto 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 ifthe vio|etion(n)is/are corrected etthe time ofhearing Reapondent(s)may be
required toattend ahearing before the Code Enforcement Board
for the City ofCape Canevena|.and a
penalty aeprovided below may beimposed.
The Code Enforcement Board may enter anorder requiring the Respondent(o)hzcorrect 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
nepeatvio|abondeochbedinUhianoticeunb(theviu|mtiqn(n)h;;s/hovpbPencorreobad |FTHE
VIOL AT|(}N(S)/S/AREL�DRRE(�TEDVV!TH|NTHE T|yNEPER/ODRE{�U|RED.THE RESPONDENT (S)
MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN
INSPECTION.
1. Property where vio|aMon(n)emist(a):
8303 Rosalind /Wenue, Cape Canaveral
2. Name and address of )ofproperty where vio|abon(a)exist:
Sharon K8.Clark
83O3Rosalind Avanue
Cape Canaveral, FL 32920
105 Polk Avenue = Post Office Box 326 " Cape Canaveral, 52920-0526
3. Oea� ofV���n(a)atpmpe��8L�GAPR
Sec 34-9UBuilding Appearance and Maintenance.
(b) The owner ofevery single-family or multiple-flumi|ydvveUing. commercial or industrial propedynrhis
appointed agent and any 000upanLotherwise
manner shall be responsible for Maintaining the exterior in a clean, sanitary and safe condition.All parts
thereof shall be maintained in good repair and shall be capable of performing the function for which such
structure orpart ofany feature thereof was designed orintended Urbeused.
Sec. 34-96. Stondardoeebab|ished
(u) (�nntinuedgood appearance depends onthe extent and qua|kyofnnminienanreyWainienanoeand
upkeepare required fora||the land improvern�ntnm/i�h�nthe�ih/.
(b) The ovvnerofevery single-family or mu/tip(e-familydvveUing. commercial or industrial pnopertyorhis
appointed agent and any occupant, operator. tenant or anyone otherwise using the- property in n;form or
manner shall boresponsible for maintaining the exterior inao|ean sanitary and aafeoondition All parts
theneo/aha||bennajntoinadingoodnepa/randahoUbeoapab|eof'per
-which such
structure or par', of any feature thereof was designed or intended to be used.
8ec. 82-31. Florida Building Code adopted.
The Florida Building Code 2OO4edition, asmay beamended from time todnne aspublished bythe
Florida BuiNingComnnission.ahaUbeknovvnosthe ��/tyofCape Canaveral BuUd'ingCode and iahereby
adopted byreference and incorporate herein asiffully set out,
FLBC 1051 Required
Any owner orauthorized agent who intends boconstruct, enlarge, a|har' repair'move, demolish, or
oh�ng�theocoup�ncyofabui|dingorotruuture.nrtoerect, innbs|[enlarge, a/ierrenlove- convert
nrreplace any electrical, gss, nneohenica/orplumbing system, theinstallationwhich 'hich�is repair, regulated by this
ooda, or to cause any such work to be done. shall firstmake application to-�e buildingofficial u��! g''""btein
the required permit.
-- ^
FLBC1OQ-1 General-
Construction
enensi
Conatrucdonorvvorkforwhichopermit/anequiredehaUbesub�utto/nspecdnnbybhebui!dinnoff��|
exposed
for inspection purposes until
approved. Approval as a result of an inspection shall not he const lied to be an approval of a violation of
the provisions ofthis code orofother ordinanoesoil 'the Jurisdiction. inspections presuming togive
authority boviolate orcancel the provisions mfthis code rofother ordinancesofthe jurisdiction shall not
bevalid. /tshall bethe dutyofthe permit applicant tocause 'the vvo�ktorenna/naccessible and exposed
for inspection purposes Neither the building official nor the ]uhsdi-ionshall beliable for exponaeentailed
in the removal or replacement of any material required to allow inspection.
4 Reoomrnondationtocornautthevio/at/on(s)deanribedabove:
Your permit #4673has expired without the require dapproved fi'n�/inapent/on�therefore itioconsidered
work without e permit.
You must re -apply for the permit and obtain the required approved final inspection tobeincompliance.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further actionas
outlined /nthe previous page(n)ofthis Notice ofViolation. '
if you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations
contained herein, do not hesitate to contact the below signeden-Officer --' the —ih/ of
�~
/
|tl6ree
—
-----
CodeEnfnroement[)fficer ~-~-
C-y OF
CAPE CANAVERAL
THE CITY OFCAPE CANAVERAL
AF|ohda Municipal Corporation,
Complainant,
V.
ity of Cape Canaveral
Case No. 2008-00106
NOTICE OFHEARING
mfthe property located at:
8500 Rosalind Avenue, Cape Canaveral
Resp
VVhispehngOako"Con do�Aasoo�ofBrevand./nc
C/O Marilyn A Rigennan, R.A.
AHEARING will beconducted before the City ufCape Canaveral Code Enforcement Board on
Cape Canaveral City Hall Annex, I 11 Polk A venue, Cape Canaveral, FL 32920.
September 18. 2008 at 7:00 p.m. oras soon thereaftera� pouaibha. The hearing will be held at the City of
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
`~~~~'pv"^^"''"'y"p"''"=p"p-_[ Ly"/v/t- asoezrortnmthe moUoe(a)rtViolation
attached aeEXHIBIT "A"and shall make adetermination as towhether suohviolation(s)is/arecorn*oted
pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral
Code ofOrdinances.
You are entitled botestify andpnasF-ntev�enoeandvx�n�oeeoind�fance��d1�haahnQ�ino�Mhe
pnooeedingsoftheCodoEnfon�en�entBuardare�ga/inn�ture.youmayv�ehtoh�ve|ego(oounse|
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring 'Lille owner of the Propetty to correct any
viu|odon(s). This penalty, ifnot paid, will become olien onthe Prope�yand any other personal orreal
property owned bythe Responden�n)vvhichoanb�sstis�adbyfon*o/osunaan�sa|�ofaaidProperty
and/or other personal orreal 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 DFTHE STATE OFEXECUTION DFTHE ORDER TOBE
APPEALED. FURTHER, !FANAPPEAL /SFILED, THE AGGRIEVED PARTY MAY NEED TDENSURE
THAT�\VERBAT|W1RECORDDFTHE BOARD'S HEAR|N(�|SKAADE.VVH!(�H|N(�LUDESTHE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL |STDBEBASED.
DATED this 9 day nfSeptember, 2008
Duree Alexander ~
75I0yJ.Atlantic Avenue ° Post Office Box ]36 " Cape Canaveral, FL32920-O3Z6
Telephone: (32l)868 -I222 ° Fax: (32l)868 -I247
DDE ENFORCEMENT BOARD
YOFCAPE CANAVERAL.FLORIDA
NOTICE OFVIOLATION
'`-
n
THE CITY OFCAPE CANAVERAL Case No. 2008-00106
A Florida Municipal Corponabon, 7/28/2008
Connp|ainanL,
V.
s)of'the property located at
8500 Rosalind Avenue, Cape Canaveral
Respondent(s):
Whispering DakaCondominium Association ofBrevard, Inc.
Marilyn A Rigerman, R.A.
PURSUANT toSection 162.06. Florida Statutes, and Chapter 2Article VI, ofthe CbyofCape
ConevenaiCodeofOndinanoes.theundensignedCudeEnforoenoentOfficerhenebyQiwasnoticeof
violation(s) of the City of "-'ape 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/an*tobevo(unbar�|ypedbrrnedvv�thinD0een(15)d-y—
/nthe event that the vio|ehnn(s)is/are not corrected within the time period set forth above orthe
violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be
required toattend ahearing before the Code Enforcement Board for the City ofCape Canaveral, and o
penalty aaprovided below maybeimposed,
The Code Enforcemeni Board may enter an order requiring the Respondent(s) to correct theviokadon(a)
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(,,-) has/have been corrected. IF THE
VIOLATIONIS) lS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S)
MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN
INSPECTION.
1. Property where vio|ohon(s)exiat(s):
85OORosalind Avenue, Cape Canaveral
2. Name and address ofowner(a)ofproperty where vinladon(s)enist(a):
Whispering Oaks Condominium Association ofBrevard .Inc.
Marilyn ARigennan. R.A.
2OONFirst Street,
Cocoa Beach, F! 32931
I05PoUkAveouc ° Post Office Box ]26 " Cape Canaveral, FL 32920-0326
Page 2
2008-00106
A complaint was filed ::/ith our office regarding a leak in the roof. Staff responded to the property while
it was raining and observed a leak in the attic coming from the root on the worth East corner of the roof. It
appears that due to ieakagA there are signs of water damage to the roof sheathing and truss.
3. Description of Violation(s) at properly: Sec.34-98 Building appearance and maintenance
Sec. 34-98. Building appearance and maintenance.
The following criteria, unless specifically limited, shall apply to all improvements within the city:
tiles. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or
Sec. 82-221. International Property Maintenance Code adopted.
The international Property Maintenance Cnde, 1998 edition, as published by the International Code
Council, is hereby adopted by reference and incorporated herein as if fully set out.
The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board
of Adjustment and Appeals for this article.
IPMCC Section 303, Exterior Structure.
IPMC, Section 303.7; Roofs and drainage: The roof and flashing shall be sound, tight and no have
defects that admit rain, rood drainage shall be adequate to prevent dampness or deterioration in the walls
or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair
and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
4. Recommendation to correct the violation(s) described above:
The roof is in need of repair and due to the fact that there may be structural damage to the truss, staff
is requiring a Structural Engineer to evaluate the damage.
damage a per1�oit will not be required IT the repair is under 100 square feet.
If there is structural damage a permit will be required to do the repairs.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in. further action, as
outlined in the previous pages) 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.
exq der
Code Fil f 9rcei-q int Qf lQer
ity of Cape Canaveral
1 I' ° v1T � k j 1 CAFE C ��T�A`v'Ei�Ai
A Florida Murdclipal Corporation,
Complainant,
V. NOTICE OF HEARING
Owner(s) of the property located at:
360 Monroe Ave. Cape Canaveral, F1 32('22
Respondent(s)
Thurston W. Kirby
Case No. 09-113
A HEADING will be conducted before the City of Cape Canaveral Code Enforcement
Board on Septeriiber i 8, 2v00'3 at 7:00 p.m. or as soon thereafter as possible. The hearing
'I] i.. ._ L._ta e_ f-, r,
will �,� r�,c at the vlry oz ,ape C anaveral City Hall Annex; 111 Poll. Avenuc, Cape
Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearinL)
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,
„A , -
an `�hapter 2, Article v i, 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 fish to have lag -2s en-unsG1 mffpnJ ik' P, C 11>
- --o--- -.-__- -- 1--0— r v ara.i1A.rU
10 -al
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,!! OF • s CANAVERAL,
MAY APPEAL A FINAL ADMINISTRATIVEORDER OF THE CODE
ENFORCEMENTBOARD
GENERAL LAW OF THE STATE OF EXECUTION OF THE OR -DER TO BE
APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM OF THE BOARD'S
HEARINGIS MADE, WHICH INCLUDES THE TESTIMONY AND
UPON WHICH THE APPEAL
DATA h�9 day 01 ptembFr, 2008
puree Alexander
Code EnT'd Trl0fAenue ® Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com
Ownr(s)ofthe property located at:
360 Monroe Avenue, Cape Canaveral
ReSpondent(a):
Thurston W. Kirby
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Conovana/CodeofOrdinancen.theundersignedCodeEnforcernent(]ffioerhen*bygiveanohceof
viol@tion(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 bobevoluntarily performed within fifteen (15)days.
|nthe event that the violation(s) is/are not corrected within the time period set forth above orthe
vio!ahon(s)reour(s)even ifthe violabon(s)is/are corrected atthe time ofhearing Renpondent(s) may be
nequinndtoattendaheahngbefore the Code Enforcement Board for the City ofCape Canovera|'and a
pon2|tyas�povidedb�|ownnoyb�innpuoed.
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 thevio|ation(a) has/have been corrected. IF THE
VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDEN TI(S)
MUST IMMEDIATELY NOTIFY THECODE ENFORCEMENT OFFICER AND REQUEST AN
INSPECTION,
1. Property where violation(s) exist(s):
360 Monroe Avenue, Cape Canaveral
2. Name and address ofowner(s)ofproperty where vio|abon(a)exist(s),
Thurston
Uape Canaveral, F|32S20
Mage 2
2008-00115
A complaint was filed with our office and a site visit revealed cabs and limousines are being parked at
your addresse in the City of Cape Canaveral. This is the third time a Notice of Violation has been issued to
you for this offense. This is a violation as stated below,
J. Description of Violation(s) at property: Chapter 201 -Article 1, Vehicles for Hire
Chapter 80, Section 4; Compliance
The operation of public vehicles within the City shall be subject to the conditions, regulations and
restrictions set forth in this chapter. It shall be unlawful to operate such a vehicle until and unless the
conditions, regulations and restrictions set forth and prescribed by this chapter have been complied with
by the owner of any activity regulated under this chapter.
Chapter 80, Section 26; Certificate of Public Convenience and Necessity, License;
It shall be unlawful to nnarata or cause to he operated, within the Cit any public vehicles until a
certificate of public convenience and necessity and a license therefore have been issued to the owner
thereof.
Chapter 110, Section 551, (h); Location of recreational vehicles, camping equipment. boats and boat
trailers;
No for -hire vehicle, commercially registered vehicle and no other mariner of conveyance not
contemplated herein shall be parked in any R-1, R-2 or R-3 zone, nor shall any boat, utility trailer,
recreational vehicle or special purpose vehicle be parked in any R-1, R-2, or R-3 zone.
4. Recommendation to correct the violation(s) described above:
Taxi cabs and other means of for -dire vehicles may not be parked in any of the above stated
residential zoning districts.
Your tenant is continually parking/storing cabs and limousines at this address. This must cease
immediatley.
In addition, a taxi cab business may not be operated from a residential zoning district.
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 rnntart the heinw sinneri (;ncie Fnfnrr.Pment ()ffinQr at the City of
Cane Canave%. (321) 868-1222 x 13.
Duree Alexander
Code Enforcement Officer
ulty of Cape u"anaveral
ani 9
411
C1 OF
CAPE C
�jTY OF CAPE 0nN1AV'ERAL Case No. 08-006
A Florida Municipal Corporation,
Complainant,
V. NOTICE OF HEARING
Respondent(s)
Dan Higgins:
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement
Board on September 18; 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: 32.920.
The Code Enforcenient Board will receive testimony and evidence at said hearing
regarding the violation(s) occurring upon the property of the Respondents) as set forth in
the Civil Citation attached as EXHIBIT "A" and shall make a determination as to whether
such violations) is/are corrected pursuant to Section 489.127 and 489.132 (1); Florida
Statutes, and Chapter 82, Article XV, o tthe 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 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
4o on-rf- t aa.v v4-dntinn<c1 Tl,;,. ,R .,$4<, :� < .. a � i- -
. _ a..�,. J ...v<a. ---a k{ J. i:::.: t IIXCL1L} 11. 11iJ1 li. uld will 5e c or e a hf n o f qJ
�- 1 '. � � '�-v i.ro�� 3�s..i 'td Hie i rilplJrty
arcs anv other personal or real prope ter;,L>4,np,4 k, IIa D ,d ,s. .l-°_, ,
--VI-e-_t'--Jex.e i�itly� e f4+'it --an b`e
satisfied by foreclosure and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY, Il�`CLUDING THE CITY OF CAPE C1 NAVFR.HT.
�'� A Y 1` PF,A.F A FINAL ADMINISTRATIVE. ORDER ON TFi� CODE --- --
ENFORCEMENT BOARD TO THE CIRCUM 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 RECt tR D OF THE BOARD'S
HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL. IS TO BE BASED.
roti 1 r,iJ this 8th day of September, 2008
Duree Alexander
Code Enforcement Officer
7710 N. Atlantic Avenue ® Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 Fax: (321.) 868-1247
wwyv.myflorida.com/cape e email: ccapecanaveral@cfl.rr.com
CITATION 1
ISSUING AGENCY: CITY OF §82-375 et. seq. City of Cape Canaveral Code; and/or
CAPE CANAVERAL §489.127, and/or §489.132(1), Florida Statutes.
The undersigned certified that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on:
Day of the 4Veek.,''_`j Month: r )
Da
Year: `�� Timer ? AM ®PM
First Name: "` M.I.:
Last Name: H04 g
Street Address: i- r C7tWQe--
Ciiy: i, t e a -- - t�I tate:
�7�—
Zip Code:' �`-
Phone No.: D.O.B.:
Race: i Sex: ( Height:
Did commit Q'" § 82-375 et. seq. City of Cape Canaveral Code -Construction Contracting Regulation Violation.
a violation of: § 489.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions and OccLpations).
§ 489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Qualified Construction companies;,
Facts constituting Reasonable and Probable Cause:
Loc do of, olation ~l
C �.-+�
r Penalty: $5004015iwch violation. Each day such violation shall continue shall be deemed to constitute a separate infraction.
Signature of Officer.(i ?g 4�f� Time of Issuance: tP L : C -"C L1 AMM
w p1 r F✓r Pt r s"' Date of Issuance: �L � v✓
Print Name/Titte ��. �.-�„ 'nf� `sem Sw' c��s� � r �€' .� r�r��.
issued by: 12'Certified Mail, Return Receipt Requested
U Hand Delivery to Violator
0 Hand Delivery to Family Member at Residence (15 yrs. or older) Specify Person:
This Citation is issued pursuant to to § 82-375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat.
Any person who is issued and receives this Citation shall immediately cease the act for which the Citation was
issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has
been issued and elect either to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City
of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash
(do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at
105 Polk Avenue, Cape Canaveral, FL 32920. You lilust include a copy of this Citation with your payment;
OIL
(2) Within (10) days of receipt of this Citation, not including weekends and legal holidays, request an administrative
hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the
applicable nrocedues Sit forth in the dap" Canaveral Code, All such requests,for a hea n;Ir shall be Ma la in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shall constitute a waiver of the violators right to a hearing and such
waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code
Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil
penalty of not less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation.
IrIC QUUVC ICIIICuiC� c91C IIUL CY.ItuSV
IC
Any unlicensed person violating subsections 489:127 or 489.132 commits a misdemeanor of the first degree upon first
offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(1) commits a felony
of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(1)
during the existence of a state of emergency declared by executive order of the Governor, commits a
felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes.
Your signature below does not constitute an admission of guilt; however, willful refusal to sign and accept this
Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in ;ail as provided by
§775.082 or §775.083, Fla. Stat.
Signature of Violator: Date:
Original - To be Retained by the Cape Canaveral Code Enforcement Board EXHIBIT 'V
Yellow Copy - To be Retained by Violator
Pink Copy - To be Retained by City
CAPE Cnuvc L y
t j I TV OF C A PP �:�ii�.A VjERAL
A Florida Municipal Corporation,
Complainant,
V.
Case ivo. 068-0066&3'1-'
Respondent(s)
Mike J. Katsarakes
CIO Elek<ktra of Brookfield, Inc., dba Maximum Resistance Storimi, Shutters
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement
Board on September 18, 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) occ�drring'dpon the property of the Respondents) as set forth in
the Civil Citation attached as EXHIBIT "A" and shall make a determination as to whether
such violation(s) is/are corrected pursuant to Section 489.127 and 489.132 (1), Florida
Statutes, and Chapter 82, Article XV, 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, PROVIDED
GENERALLAW OF THE STATE OF EXECUTION OF THE ORDER
APPEALED. APPEAL • PARTYEVED
HEARINGMAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD?S
D
UPON WHICH T E
IHE`BASED.
DATED this 8th day of September, 2008
2 C.,
Duree Alexander
Code Enforcement Officer
7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com
CONSTRUCTION CONTRACTOR CITATION
CITATION NO.: 0
065
ISSUING AGENCY: CITY OF §82-375 et. seq. City of Cape Canaveral Code; and/or
CAPE CANAVERAL §489.127, and/or §489.132(l), Florida Statutes
The undersigned certified that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on
Da of the Week. `` 2 Month:
Day: i
Year. /F r Time: ( M ❑ PM
First Name:"a�; ,F rmi
M.I.: .3
Last Name:
Street Address ` i k
City: wf%3ti�
State:? k
w
Zip Code s<;; -
Phone No.:
Race:
Sex:I Height: _
Did tolTililit n s a2-375 et. seq.
City of Cape Canaveral- Code - Construction Contracting Regulation Violation.
a violation nf: ❑ § 489.1P7 Florida Ctatutes. Pmh:brttons (Contracting Contrary to Regula ons of Professions and Occupations'
❑ § 489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of qualified Construction companies
Facts constituting Reissonable and Probable Cause::) $,13 d.
`sem I;
Location of �l'a'On, r e a s
Penalty: $500.00 for each violation.
Signature of Officer:
Print Name/Tide of Officer:
violation shall continue shall be deemed to
Time of Issua
Date of
Issued by: l Certified Mail, Return Receipt Requested
❑ Hand Delivery to Violator
LJ Hand Delivery to Family Member at Residence (15 yrs. or older) Specify Person:
j�-] r _
a separate infraction.
❑ AM Q -17M—
This Citation is issued pursuant to to § 82-375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat.
Any person who is issued and receives this Citation shat) immediately cease the act to., which the Citation was
issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has
been issued and elect either to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City
of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash
(do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at
105 Polk: Avenue, Cape Canaveral, FL 32920. You must include a copy of this Citation with your payment;
OR
(2) Within (10) days of receipt of this Citation, not including weekends and Legal holidays, request an administrative
hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the
applicable procedures set forth in the Cape Canaveral Code. All such requests for a hearing shall. be made in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shall constitute a waiver of the violators right to a hearing and such
waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code
Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil
penalty of not 'Less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation.
IIIC CUUVC ICIIICUIC] diC IIUL CXLU15lVe
Anv unlicensed person violating subsections 484.127 or 489.132 commifia misdemeanor of the first degree upon f r_r +
offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(1) commits a felony
of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(1)
during the existence of a state of emergency declared by executive order of the Governor, commits' a
felony of the third deqree, punishable as provided in §775.082 or §775.083; Florida Statutes.
Your signature below does not constitute an admission of guilt; however, willful refusal to sign and accept this
Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jail as provided by
§ 775.082 or § 775.083, Fla. Stat.
Signature of Violator: Date:
Original - To be Retained by the Cape Canaveral Code Enforcement Board EXHIBIT "9'
yellow Copy - To be Retained by Violator
Pink Copy - To be Retained by City
City of Cape Canaveral
OF CAPE CANAVERAL
A Florida Municipal Corporation,
Case N o. 08-0066
Respondent(s)
Mike J. Katsarak-es
C/O Ellekktra of Brookfield, Inc., dba Maximum Resistance Storm Shutter -s
I H I A I I will be conducted before the City of Cape Canaveral Code Enforcement
Board on September 18, 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 Civil Citation attached as EXHIBIT "A" and shall make a determination as to whether
such violation(s) is/are corrected pursuant to Section. 489.127 and 489.132 (1), Florida
Statutes, and Chapter 82, Article XV, of the City of Cape Canaveral COA_ of Ordinances_
U -
You are entitled to testify and present evidence and witnesses in defense at the
Bearing. 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 Respondents) ) which can be
satisfied by foreclosure and sale of said Property and/or other personal or real -property,
,,-DATED this 8thidayof September, 2008
01iree Alexander
Code Enforcement Officer
7510 N. Atlantic Avenue Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone: (320 868-1222 v Fax: (321) 8068-1247
www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com
CONSTRUCTION CONTRACTOR CITATION CITATION NO.:
ISSUING AGENCY: CITY OF §82-375 et. seq. City of Cape Canaveral Code; and/or
CAPE CANAVERAL §489.127, and/or §489.132(1) Florida Statutes.
The undersigned certified that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on:
Day of the Week- 1 6 r Month. Da t Year: Time = f AM ❑ PM
'� •ita'"'_
_
First Name: W'-)') "fir M.I.: Last Name:
Penalty- $500.00 for each violation. Each da such vioiation'shall continue shall be deemed to constitute a separate infraction.
Street Address" t wt ) iv i,`t, i;`%_
Time of Issuance: i ! ❑ AM PM
City: @?,'E fi a f --i," ;o' State: a
Zip Code:
Phone No.: -!j. f D.CA.B.: C 0` Race:
Sex: I Height:
Did commit D-1 82-375 et. seq. City of Cape Canaveral. Code - Construction Contracting Regulation Violation.
a violation of: ❑ § 489.127 Florida Statutes. Prohihitions (Contracting Contrary to Regu Utions of Professi— and Qrn ipatinn<i
§ 489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Qualified Construction companies',
Facts onstitutiny Reasonable and Probable se: ..` '+•-_"
w h:� c_a�ry y"1
Lot tion of Violation > ,
�' I k 4 ;
a
Penalty- $500.00 for each violation. Each da such vioiation'shall continue shall be deemed to constitute a separate infraction.
Signature of Officer. J -. —
L '
Time of Issuance: i ! ❑ AM PM
Print Name/TitLei % t 1 "
�,. r• : $
issued by: UY-Certified Mail, Return Receipt Requested
❑ Hand Delivery to Violator
❑ Hand Delivery to Family Member at Residence (15 yrs. of older) Specify Person:
This Citation is issued pursuant to to § 82-375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat.
Any person who is issued and receives this Citation shall immediately cease the act for which the Citation was
issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has
been issued and elect either to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and Legal holidays, pay to the City
of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash
(do not mail cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at
105 Polk Avenue, Cape Canaveral, FL 32920. You must include a copy of this Citation with your payment;
O
(2) Within (10) days of receipt of this Citation, not including weekends and Legal holidays, request an administrative
hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the
applicable procedures set forth in the Cape Canaveral Code. ALL such request= fnr a hearing {hall he made in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shalt constitute a waiver of the violator's right to a hearing and such
waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code
Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil
penalty of not less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation.
Thea-bove. --medies; are not exclusive
Anv unlicensed Derson viotatinq subsections 489.127 or 489.132 commits a misdemeanor of the first decree upon first
offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(1) commits a felony
of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(1)
during the existence of a state of emergency declared by executive order of the Governor, commits a
felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes.
Your signature below does not constitute an admission of quiLt; however, wiLLful refusal to sign and accept this
Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jail as provided by
§ 775.082 or § 775.083, Fla. Stat.
Signature of Violator: Date:
Original - To be Retained by the Cape Canaveral Code Enforcement Board EXHIBIT "A:'
Yellow Copy - To be Retained by Violator
Pink Copy - To be Retained by City
City of Cape .. a r.
r
OF CAPE C jaiA VE1? A T
A Florida Municipal Corporation,
Case No. 08-006
Respondent(s)
Mike J. Katsarakes
CIO Eleic_ktra of Brookfield, Inc., dba Maximum Resistance Storm Shutters
A HEAP,_fI,;C' twill be conducted before the City of Cape Canaveral Code Enforcement
Board on September 18, 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 Civil Citation attached as EXHIBIT "A" and shall make a determination as to whether
such violation(s) is/are corrected pursuant to Section 489.127 and 489.132 (1), Florida
Statutes; and Chapter 82, Article XV, 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.
U01101 , , !,
,
IUMV
••l • f !
PON jTIICH THE APPEAL IS TO BE BASED.
DATED this 8th d�_y of September, 2008
•
Duree Alexander
Code Enforcement Officer
7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.com
CONSTRUCTION CONTRACTOR CITATION
CITATION NO.: 61,1067
ISSUING AGENCY: CITY OF §82-375 et. seq. City of Cape Canaveral Code; and/or
CAPE CANAVERAL §489.127 and/or §489.112(1), Florida Statutes.
The undersigned certified that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on:
Day of the Week' ul,�
Month: Day: }'
Year. Time: __t_CXAM ❑ PM
First Name: ','1 t r, L F
i M.I.:
Last Name:
Street Address: —
City: > , 3I € .�>
_ State:
Zip Code: =��$f`.s
Phone No 2 - 'a
- D.O.B.:_ Race:
Sex Height
viu' coirmlt § t. seq. City of Cape Canaveral Code - Construction Contracting Regulation Vioiad0n.
a violation of: ❑ § 489,127 Florida Statutes. Prohibitions (Contracting Contras to Regu ations of Professions and Occupations).
❑ § 489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Quatified Construction companies).
Facts cLojonstituting R-jEeasonable and Probable Cause: s` a iL .2 C+ '
-{ ( CtST—c I f. ;. J-1
Location of Ic lation.6 CCSB ti 'aa"3 s Pi -4 . 4
I' t LL€�, N%C4.t 0 C A.k"O = Ci '%, s r
Penalty: $500.0 r each violation-Ea�aoy such violation shall continue shall be deemed to constitute a separate infraction.
me of Issuance:
Signature of �t AM ❑ PM
Print NameJTitte of ( rr Date of Issuance: r P
Issued by: 'Certified Mail, Return Receipt Requested
❑ Hand Delivery to Vioiator
® Hand Delivery to Family Member at Residence (15 yrs. or older) Specify Person:
This Citation is issued pursuant to to § 82-375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat.
Any person who is issued and receives this Citation shall immediately cease the act for which the Citation was
issued. Upon receipt of this Citation, the violator shall cease and desist from the act for which this Citation has
been issued and elect either to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City
of Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash
(do not mail cash), check, or money order made payable to the City, of Cape Canaveral, Attention: City Manacer, at
105 Polk Avenue, Cape Canaveral, FL 32920. You must include a copy of this Citation with your payment;
OR
(2) Within (10) days of receipt of this Citation, not including weekends and Legal holidays, request an administrative
hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the
applicable procedures set forth in the Cape Canaveral Code_ All y.. h remipe f -c for a hearing ShalL be .:lade in .-ting to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shall constitute a waiver of the violator's right to a hearing and such
waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code
Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil
penalty of not less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation.
The aVVVc IemCUICs are not ehl.lLLsIVC
Any unlicensed person violating subsections 489.127 or 489.132 commits a misdemeannr of the first degree ulpon first
offense. Any unlicensed person, having previously been found guilty of violating subsection 489.127(1) commits a felony
of the third degree upon the second offense. Any unlicensed person who commits a violation of subsection 489.127(_1)
during the existence of a state of emergency declared by executive order of the Governor, commits a
felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes.
`four signature below does riot constitute an admission of guilt; however, willful refusal to sign and accept this
Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jail as provided by
§775.082 or §775.083, Fla. Stat.
Signature of Violator: Date:
Original - To be Retained by the Cape Canaveral Code Enforcement Board EXHIBIT "A"
Yellow Copy - To be Retained by Violator
Pink Copy - To be Retained by City