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HomeMy WebLinkAboutCEB AGENDA PKT 06-21-12Call toOrder City of L.,ape ltanaveral Building Department/Code Enforcement AGENDA CODE ENFORCEMENT BOAR[) REGULAR MEETING 201P{]LKAVENUE JUNE 21,2O12 Establish Next Meeting Date: July 19, 2012 NEW BUSINESS: 1. Approval of Meeting Minutes: May 17, 2012 COMPLIANCE HEARINGS: Case No. 11-OOO11-Violation OfSection 1O5.1'Permit Required; Section 1OS.1. Inspections General; 8e[JiOO R303.8, Required Heating; Section R305.1(3), Minimum Height; Section R300.1, Operating Protection; Section R311.4.1, Exit D00[ Required; G8CdVn R311.4.2, Door Type and Size; Section Fl317.1. Two - Family [)vv8||ingS; GaCLiOn R312.1, Guards; Section R502.1.3.3. A|terGU0OS to Trusses; Section R311.5.0.1' Handrail Height; SeCUOD F|311.5.0.2, Continuity; S8CU0O R311.5.0.3' H8Ddn8i| Grip Size, of the Florida Building Code, as adopted by Section 02-31, of the City of Cape Canaveral Code of Ordinances; Section 110-13(A). Mounting, of the N8bOO8| Electrical Code; and Section 78-121' Established; and Section 110-292, Principal Uses and Structures, of the City Of Cape Canaveral Code of Ordinances, (300 Monroe Ave.)— Christopher Robin Nirby& K8arChet8 Kirby Kern, ETAL. 2. Case No. 12-00000—Violation of Section 301.5' Vacant Structures and Land; Section 502.3, Sidewalks and [)hv8vvoyG; Section 303.4, Structural Members; Section 303.6. Exterior VV8US; Section 303.7, Roofs and Drainage; Section 303.10' Stair and VV8|Nng Surfaces; Section 303.14. VViDdOvv, Skylight and [)OO[ Frames; Section 803.16, Doors; Section 304.3' Interior Surfaces, Of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221. of the City of Cape Canaveral Code of Ordinances; and Section 34- 98/d\' Standards Established, of the City Of Cape Cen8v8n8| Code Of Ordinances; and Section 301.1. General, of the Standard UOS@fG Building Abatement Code (1985 Edition), (7521 Magnolia Ave.) — Lenny CaG88ne||i' Property Owner. 75lONAtlantic Avenue ~P.0.Box 326~Cape Canaveral, PL 32920-0326 Telephone (22l)868-l222~Fax (32l)868'l247 Code Enforcement Board Agenda June 21,2O12 Page Case NO. 12 -O0003 - Violation OfSection 105.1.Permit Required; Section 1OQ.1, Inspections General, of the Florida Building Code' as adopted by Section 82-31' of the City nfCape C8O8v8n3| Code of Ordinances; Section 34-06(d). Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27. Connection with Sewer Required; Section 78-128, Change of Use; 88CUOn 110-292. Principal Uses and Structures; Section 110-208, Area and Dimension; Section 110-468' ACCeS80[y Structure; Section 110-401. Number of Spaces Required; Section 110-551(a)/2\(b). Location of Recreational Vehicles; and Section 31.3.4.5.1' Smoke A|8[0s' Of the Florida Fire Prevention {}Ode as adopted by Section 38-20, of the City of Cape C8n8v8[8| Code of Ordinances, (350 N1OnnD8 Ave. Unit 5) —ADtVDiV Flom8DO, Property [>vVOer. 2. Case No. 12-00012 - Violation of 8eCUVn 305.1' General; Section 303.4, 5tnucLun3| W18nob8[S; Section 303.7' Roofs and Drainage, Of the Of the International Property Maintenance Code (1988 edition), as adopted by Section 02-221', of the City of Cape Canaveral Code of C}ndinGDCeS. (201, 203' 205 Jefferson Ave.) — Dolores G. Nagel, Property Owner. 3. Citation No. 0044 — Violation Of Section 82-375, Construction Contracting Regulation VlO|8tiOn. of the City of Cape Canaveral Code Of C}PdinGO08S; and Florida St@tUhSS Section 489.132(1), Prohibited Acts by Unlicensed Principals, /405 Ad8nnS Ave. Unit 5\—James Q. & Nancy DHeD. 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 moedng, that person will need a record of the prom*edingn, and for such purpose that person may need to ensure that a verbatim naonrd of the proceedings is made, which record includes the testimony and evidence upon which the appeal ietobobased. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or 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 at808-1221.48hours inadvance nfthe meeting. CITY C)FCAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MAY 17.2O12 7:00 PM A Regular Meeting of the Code Enforcement Board of the {]tv of Cape C@n8V8r8[ Florida was held onMay 17.2O12'iDthe Cape Canaveral Public Library Meeting Room @t2O1Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting iOorder @t7:OO PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell RavD0OndViSOs James Hale Walter Godfrey Lynn Mars Fl8|phLOtSp8iCh MEMBERS ABSENT Karen Hartley [}U[eeAkexonder Joy Lombardi Todd Morley G|eODPenaDo KateL8tornS Chairperson Code Enforcement Officer Board Secretary Building Official Plans Exam in8r/|nSp8CtOr Assistant Qty Attorney The Board members established that the next meeting would be held on June 21, 2012. Assistant City Attorney L@t0rne 5vv0nB in all persons giving testimony. EVVBUSINESS: Approval of Meeting Minutes: February 23, 2012. Motion by M[ VieDS. seconded by K8c H8|B' to approve the meeting nninUt8S Of March 22, 2012' as written. Vote onthe motion carried unanimously. Code Enforcement Board Meeting Minutes May 17.2O12 Page COMPLIANCE HEARINGS: Case No. 11-00017 - Violation of Section 78-128, Change of Use; and Section 78-121, Established, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) — Izzy's Bistro aka BJBK Cape, Inc., c/o Briclitte Krause, R.A. Code Enforcement Officer, Duree Alexander, provided an Ov8n/ievv of the C8S8 history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for non-payment of the sewer impact fees. [}ffiQ8[ Alexander stated that the Respondent has agreed to reduce the S88tS in the n8Sbaunanf from the current 150 to 75; this will bring her into compliance with the previous parking issue; hOvvev8r, research revealed that only 25 seats have been paid. Therefore, the Respondent still OvveS the impact fees on the remaining S88tS and stools. The total amount due is twelve thousand and twenty-nine dO||8[s and fifty-eight C8OtS /$12'029.58\. Officer Alexander further stated that the Respondent has the option to request a payment plan from the City Council. Brigitte Krause, business ovvner, testified that she purchased the business in September 2007 and was under the impression that the 75 seats that existed had been paid. She stated that the City appeared to be under the same assumption because this new information just came up four weeks ago when she agreed to reduce her seats from 150 back to 75. K4G. Krause further stated that the previous orders from the City stated that she owed the impact fees on seats from 76-175; therefore, she assumed that reducing her seats vvOu|d bring the property into fU|| compliance. Kurt Teze|' Property DVVOe[, testified that there were GeVe[8| restaurants before |zzy'S Bistro and he believed that he had receipts that verified 54 seats had been paid. He stated that h8would bring his records to the City for verification. Todd K4Odey' Building OffiCi8|, explained that previous owner may have illegally added 50 seats then, years |@Le[' |zzy's Bistro started with 75 seats. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance and amend Code Enforcement Board Order to be retroactive beginning on September 22, 2011 and give the Respondent until August 23. 2012 to CO[nH into C0nnp|ionCe by obtaining an approved p8yrO8Ot plan from City Council and reduce the current number ofseats to 75; Or impose 8 fine in the 8nnOuDt of one hundred fifty dO||8rS /$150.00\ for the first day and One hundred dollars /$1OO.OU\per day thereafter until found iOcompliance. Motion by Mr. VieDS' seconded by Mr. Godfrey' tDaccept Staff's FeC000[neOdgtioO and find the Respondent in non-compliance and be given until August 23, 2012 to C0rn8 into compliance or impose @ fine in the amount of one hundred fifty dO||@rS ($150.00) for the first day and one hundred dollars /$100.00\ per day thereafter retroactively beginning OD September 22, 2011' until found incompliance. Vote Onthe motion carried unanimously. Code Enforcement Board K888fing Minutes May 17.2O12 Page PUBLIC HEARINGS: Case No. 11-00077 - Violation of Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.) — JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A. Code Enforcement Officer, [}u[He Alexander, provided an overview Ofthe Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the maintenance of the parking lot. Officer Alexander stated that the Respondent sent ane-mail that explained that h8would beout of the State and vvUU|d not be able to attend the meeting; hDVv8V8r' Mr. Bennett further stated that he found 8 solution for the repairs and would make arrangements for the repairs when he returned. Officer Alexander respectfully requested that the Board find the Respondent violation OfSection 34-97/by5\. Duties and Responsibilities for MaiDb3n8Oc8' of the City Of Cape C8n8v8[8| Code of Ordinances and give the Respondent until June 21, 2012 to &0OUe into compliance Orimpose o fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five d0||erG /$75.0O\per day thereafter until found iDcompliance. K4OUon by K8c Viens' seconded by K4c H8k}' to aCCHOt Staff's recommendation and find the respondent in violation and be given uDU| June 21, 2O12b}come into COnop|i8noe Orimpose @ fine in the amount Ofone hundred dollars ($100.O0) for the first day and seventy-five dollars ($75.00)per day thereafter until found iDcompliance. Vote 0Othe motion carried unanimously. 2. Case No. 12-00006 — Violation of Section 301.3, Vacant Structures and Land: Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door Frames; Section 303.16, Doors; Section 304.3, Interior Surfaces, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building Abatement Code (1985 Edition), (7521 Magnolia Ave.) — Lenny Cassanelli, Property Code Enforcement Officer, [>Ur88 Alexander, provided an overview Ofthe Case history and presented exhibits for the Board's review. Officer Alexander testified that the vi0|8UOn iGfor the condition of the structure. Officer Alexander addressed the Board and stated she felt that some of the testimony they may hear form Respondent could be that he feels that the reason he in in the predicament he is in is due to alleged conversations that he has had with her and holds her n8SpODSib|e for the reason that he is at the point that he is. Officer Alexander stated to the Board that she would never tell anyone that they could perform work without 8 permit' when @ permit is required for such vvoFh. Code Enforcement Board Meeting Minutes May 17.2012 Page Lenny C86SaDeUi, Property Owner, testified that he purchased the property one year ago and that the property was in very bad condition. Mr. {|8SS8De||i stated that prior to the purchase he was informed by DuRaeAlexander that he could pU|| an owner/builder permit and he was under the impression that he vvUU|d be able to complete most of the repairs himself. Following the purchase, Mr. C88s8n8||i explained that he found out that since it was G multi -unit structure, he had to hire a contractor. Mr. CoSS8ne||i further explained that he hired 8 roofing contractor but the contractor never called for efinal inspection and the permit expired. He Stated that the structure is secure and the broken doors and windows have been boarded up. Mr. C8Ssane||i requested that the Board not impose 3fiO8 because the property has become a financial burden and he could not afford any more. He explained that he has an application in the Building Department for 8 permit for the repairs. G|8DD Fze[enO, Plans Examiner/Inspector, testified that Mr. [|8SSan8||i needs to submit 8 complete scope of work that addresses all work items, including the SirUCtu[8|. electrical and plumbing repairs that are needed ODthe property. Officer Alexander respectfully requested that the Board find the Respondent violation of Section 301.3, Vacant Structures and Land; Section 302.3' Sidewalks and [}[ivevvGyS; Section 303.4. Structural K4ennbara; Section 503.6, Exterior Walls; Section 303.7. Roofs and Drainage; Section 303.10' Stair and Walking Surfaces; Section 303.14. VViDdovv. Skylight and [)OVr Frames; Section 303.10. [}OO[S; Section 304.3, Interior SUrf8C8g' of the of the International Property Maintenance Code /1Q988dition\'@Sadopted bySection 82-221.0fthe City ofCape Canaveral Code of Ordinances; and S8CUVD 34-98(d)' Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301.1. Gener@|, of the Standard UnS8ba Building Abatement Code /1985 Edition), and give the Respondent until June 21, 2012 to CODle into oomp|ianCeOrinnpOS88fineinfh88nDUVDtoftwxJhUndrGdaDdfiUvdO||8rS($250.0O)fOFthefir8t day and one hundred dollars /$100.00\ per day thereafter retroactively beginning On May 17, 2O12until found iDcompliance. Motion by M[ Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent inviolation and be given until June 21, 2O12tOcome into compliance Orimpose 8 fine in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning on May 17, 2012' until found in CnDlp|i8nCe. Vote ODthe motion carried unanimously. 3. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. Code Enforcement Board Meeting Minutes May 17,2O12 Page 4. Case No. 12-00022 - Violation of Section 34-96(d), Standards Established: and Section 34-970), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (105 Justamere Ave.) — Donald J. Regan Jr., Propertv Owners. Code EDfOFC80eDi Officer, []UreeAJex8Dder, provided an overview of the C8S8 history and presented exhibits for the BO8nd`S review. Officer Alexander testified that the viO|8bOn is for the condition Ofthe exterior ofthe property. Officer Alexander stated that this iSrepeat violation. Truman JODeS, Manager of Carver's Cove, testified that the trailer park has visitors from all over the world and the condition of the Respondent's property is an embarrassment for the Park. M[ Jones stated that some folks have requested to be relocated away from the Respondent"s lot. Officer Alexander respectfully requested that the Board find the Respondent 88Grepeat violator of Section 34-06/d\. Standards Established; and Section 34-07/1\' OU[i8s and Responsibilities for &48inteD8DC8' of the City of Cape Canaveral Code of Ordinances, and impose e fine in the amount offive hundred dollars ($5OO.O0) per day until found incompliance. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the Respondent as8repeat violator and impose afine inthe amount Offive hundred dollars /$500.00\. Vote ODthe motion carried unanimously. There being no further business the meeting adjourned at 8:26 PM. Approved on this day of 2012. Mary Russell, Chairperson Joy Lombardi, Board Secretary Complainant, V. Respondent(s): Christopher Robin Kirby & Marcheta Kirby Kern, ETAL Location of the Violation: 360 Monroe Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 21, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 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 Order Imposing Penalty on First 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. DA D this 22th day of May, 2 Duree Alexander, Code Enforcement Officer '0" 0 d__14 Ach f -I rN in n L/Ity Of L/apv.., k,,/a_tjLaVera1 Building Department/Code Enforcement CODE ENFORCEMENT BOARD ,"W; C""VE"i CITY OF CAPE CANAVERAL, FLORIDA HE CITY OF CAPE CANAVERAL, Case #11 -000 11 A Florida municipal corporation, Complainant, V. Christopher Robin Kirby & Marcheta Kirby Kern, ETAL Owner of the Property located at: 360 Monroe Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 16 BLK 21 EXC ORB 4492 PG 1593 PLAT BOOK 0003 PAGE 0007 Respondent, THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on February 23, 2012 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. 11 . .12' Wo Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 105.1, Permit Required; Section 109.1, Inspections General; Section 8303.8, Required Heating; Section R305.1(3), Minimum Height; Section R309.1, Operating Protection; Section R311.4.1, Exit Door Required; Section 8311.4.2, Door Type and Size; Section 8317.1, Two -Family Dwellings; Section R312.1, Guards; Section R502.1.3.3, Alterations to Trusses; Section R311.5.6.1, Handrail Height; Section R311.5.6.2, Continuity; Section 8311.5.6.3, Handrail Grip Size, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 110-13(A), Mounting, of the National Electrical Code; and Section 78-121, Established; and Section 110- 292, Principal Uses and Structures, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mvflorida.com/cape e-mail: cityofcapecanaveral.org Case #11-00011 3. That Respondents 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 105.1, Permit Required; Section 109.1, Inspections General; Section R303.8, Required Heating; Section R305.1(3), Minimum Height; Section R309.1, Operating Protection; Section R311.4.1, Exit Door Required; Section R311.4.2, Door Type and Size; Section R317.1, Two -Family Dwellings; Section R312.1, Guards; Section R502.1.3.3, Alterations to Trusses; Section R311.5.6.1, Handrail Height; Section 8311.5.6.2, Continuity; Section R311.5.6.3, Handrail Grip Size, of the Florida Building Code, as adopted by Section 82- 31, of the City of Cape Canaveral Code of Ordinances; Section 110-13(A), Mounting, of the National Electrical Code; and Section 78-121, Established; and Section 110-292, Principal Uses and Structures, 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 Ooncogn. 1. Respondent be given 90 days 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. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat 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. Case #11-00011 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 V1. DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of February, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ q�(yll, Chairperson Copies furnished to: Christopher Robin Kirby & Marcheta Kirby Kern, ETAL City of Cape Canaveral, Case File THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, V. Respondent(s): Lenny Cassanelli Location of the Violation: 7521 Magnolia Avenue, Cape Canaveral, FL 32920 „s CASE No. 2012-00006 DATE: 6/07/12 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 21, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 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 Order Imposing Penalty on Firs 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. DA D this 7th ay, of June, 2012 Duree Alexander, Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cape e-mail:d.alexander(i ,cityofcapecanaveral.org Complainant, V. City of Cape Canaveral Building Department/Code Enforcement kVERAL, ation, Lenny Cassanelli Owner of the Property located at: 7521 Magnolia Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOT 15 EX N 50FT & LOT 16 EX N 50 FT BLK 43 PLAT BOOK 0003 PAGE 0007 Respondent, Case #12-00006 THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 17, 2012 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. 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 301.3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door Frames; Section 303-16, Doors; Section 304.3, Interior Surfaces, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301 . 1, General, of the Standard Unsafe Building Abatement Code (1985 Edition), exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofca-Pecanaveral.org e-mail: info@cityofcgpecanaveral.org Case #12-00006 3. That Respondents 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; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 301.3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door Frames; Section 303,16, Doors; Section 304.3, Interior Surfaces, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building Abatement Code (1985 Edition); 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 June 21, 2012 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) for the first day and one hundred dollars ($100.00) 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; Any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on May 17, 2012. 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. Case #12-00006 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 Capd Canaveral Code, Chapter 2, Article V1. DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of May, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 4111, Chairperson Copies furnished to: Lenny Cassanelli City of Cape Canaveral, Case File 0" 03r VERwL fNOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00003 A Florida Municipal Corporation, DATE: 6/07/12 Complainant, V. Respondent(s): Antonio Romano, P.O. Location of the Violation: 350 Monroe Avenue, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 21, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 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 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. PARTY,AN AGGRIEVED 1G THE CITY OF CAPE CANAVERAL, MAY APPEAL FINAL ADMINISTRATIVE OF •D, ENFORCEMENTB•..• TO THE CIRCUIT COURTPROVIDED BY THE GENE• OF 1 OF • OF ORDER APPEALED. 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• ! EVIDENCE UPON WHICH1 APPEAL • BE DAD this 7th day of June, 2012 Duree Alexander, Cade Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 NNT�Arvn7 r N7fln6d2 r,nm/r2ne e-mnil-d nlnxnndprnnitvnfc:nnec,,nnnvt-,rnl ora A Florida Municipal Corporation, Complainant, ky Owners of the property located at: 350 Monroe Avenue, Cape Canaveral, FL 32920 Respondent(s): Antonio Romano, P.O. CASE NO. 2012-00003 Date: 2/10/12 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 of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(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 violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PER10D REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 350 Monroe Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Antonio Romano 7900 S Orange Blossom Trail, Orlando, FL 32809 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.m.yflorida.com/ca-pe e-mail: cityofcapecanaveral.org Page 2 2012-00003 A site revealed the following issues with the property located at 350 Monroe Avenue. A records search revealed no sewer impact fees have been paid for the additional units. 3. Description of Violation(s) at property: Section 82-31, Florida Building Code Adopted: FLBC 105: Required Permit(s): Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC 109.1: General Inspection(s): Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Citv of Cape Canaveral Code of Ordinances: Section 34-96, (d): Standards Established: Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Section 34-98, (6): Building Appearance and Maintenance: All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. Section 78-27: Connection with Sewer -Required: The owner of each lot or parcel of land within the City upon which lot or parcel of land any building or trailer used as a dwelling is situated for either residential, commercial or industrial use shall connect or cause such building or trailer to be connected with the public sewer facilities of the municipal sewer system of the City and use such facilities within 365 days following notification to do so by the City. All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by the City Council, which rules and regulations shall provide for an inspection fee for inspecting such connections as stated in appendix B to this code. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/ca-pe e-mail: cityofeapecanaveral.org Page 3 2012-00003 Section 78-128: Change of Use: Any structure or use of structure which is modified such that the sewer impact assessment is greater than the amount for which the initial impact fee was computed, the owner shall be assessed additional impact fees in accordance with section 78-121. For any change of use which increases the original impact fee for which the building was constructed, the owner will be assessed additional impact fees in accordance with section 78-121. For any change of similar use which increases the number of units (per seat, per worker, per square feet of floor space, etc.) within the establishment, the owner will be assessed impact fees only on the additional number of units proposed to be constructed, in accordance with section 78-121. Section 110-292: Principal Uses and Structures: In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre. Section 110-296: Area and Dimension: In the R-2 medium density residential district the following area and dimensions shall be required. (1) Minimum lot area shall be as follows: (a) One- and two-family, 7,500 square feet. (b)Multiple-family, 10,000 square feet. (2) Minimum lot width shall be 75 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 35 percent. (5) Minimum living or floor area shall be as follows: (a) One -family, 1,100 square feet per dwelling unit. (b) Two-family, 750 square feet per dwelling unit. (c) Multiple family, as follows: 1. Efficiency, 450 square feet per dwelling unit. 2. One bedroom, 650 square feet per dwelling unit. 3. Two bedrooms, additional bedrooms, 750 square feet per dwelling unit (plus 200 square feet for each additional bedroom). (6) Maximum height shall not exceed 25 feet. (7) Maximum length or width of a structure shall not exceed 185 feet. Section 110-468: Accessory Structure: No accessory structure shall be erected in any front yard, and the accessory structure shall not cover more than 30 percent of any required rear setback. No separate accessory structures shall be erected within ten feet of any building on the same lot or within five feet of any lot line. An accessory structure shall not exceed 24 feet in height. However, a lot with a one- or two-family residence only may have one additional accessory structure erected per unit, not to exceed 100 square feet with a maximum height of ten feet if detached or 32 square feet with maximum height of ten feet if attached in rear setback. In new construction an accessory building may not be constructed prior to the construction of the main building. No accessory building shall be used for any home occupation or business or for permanent living quarters; it shall contain no kitchen or cooking facilities. It is not to be rented or otherwise used as a separate dwelling. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cat)e e-mail: cityofeapecanaveral.org Page 4 2012-00003 Section 110-491: Number of Spaces Required: There shall be provided at the time of the erection or change of use of any main building or structure or at the time any main building or structure is enlarged or increased in capacity, by adding dwelling units, guestrooms, floor area or seats, minimum off-street automobile parking space with adequate provisions for ingress or egress in accordance with the following: (11) Residential uses, including single-family, two-family and multiple -family dwellings and mobile homes. Two spaces for each living unit. Section 110-551, (a), (2), (b): Location of Recreational Vehicles: No person shall occupy or reside in any travel trailer, camper trailer, camper (truck mounted), motor travel home or tent in any location within the city other than a duly licensed and approved trailer park, except as provided in this section: (b) In all zoning classifications, no boats, utility trailers, recreational vehicles or special purpose vehicles shall be parked any closer than three feet from the exterior of all buildings, homes or other structures, including eaves and overhangs. Section 38-26: Florida Fire Prevention Code Adopted (FFPC): 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 Section 31. 3.4.5.1: Smoke Alarms: In buildings other than those equipped throughout with an existing, complete automatic smoke detection system, smoke alarms shall be installed in accordance with 9.6.2.10. ���� ' 1� : n' X11. ' 1' 1 � ° i I; ; � 1 � 1 1; ,, , 1 . " 8� .�. , 1: ' � J' ,• '1 a° 1 • Obtain the required electric, plumbing and sewage connection permits for all work done without the required permits and approved inspections. ® Repair or replace all portions of the deteriorated fencing on the property. • Remove all trash and debris from the property. ® Repair or replace all deteriorated portions of the roof. Note: Any roof repairs over 100 sq. ft. requires a permit and the approved final inspection. • Repair the sewer drain, which is dumping into the large hole located at the back of the building. • Pay the additional sewer impact fees for all units that that have been added without the required permits and approved inspections. You must bring the property into compliance with the density requirements for all the units. ® You may not allow anyone to occupy the storage units, nor may they contain cooking facilities of any type. • You must meet all parking requirements for all units. ® Remove or relocate to the RV to meet the requirements of Section 110-551, as stated above. ® All units must have working smoke alarms. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 www.myflorida.com/cape e-mail: cityofcapecanaveral.org Page 5 2012-00003 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 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. Duree Alexander Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/ca-pe e-mail: cityofca-pecanaveral.org ZAL Dolores G. Nagel, P.O Location of the Violation: 201,203,205 Jefferson Avenue, Cape Canaveral 32920 CASE No. 2012-00012 DATE: 6/08/12 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 21, 2012 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 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 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 OF •. FINAL ADMINISTRATIVE ORDER OF CODE ENFORCEMENT BOARDi 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 D; UPON WHICH THE APPEAL IS TO BE D D this 8th d of June 2012 d t L ' Duree Alexander Code Enforcement Officer 7510 N Atlantic Avenue P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 w,A7Nv, yflorid.a.comJcalre e-mail:d.alexander(a�citvofcaDecanaveral.org Cape Canaverao CITY OF CAPECANAVERAL THE CITY OF CAPE CANAVERAL CASE NO. 2012-000012 A Florida Municipal Corporation, Date: 3/20/12 Complainant, V. Owners of the property located at: 201, 203, 205 Jefferson Avenue, Cape Canaveral, FL 32920 Respondent(s): Dolores G. Nagel, P.O. PURSUANT to Section 162,06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(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 violations(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 ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 201, 203, 205 Jefferson Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Dolores G. Nagel 2210 N Harrison Road East Lansing, MI 48823 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 0 Fax: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com Page 2 2012-00012 Your property appears to have a roof issue as a tarp has been covering the roof for several months. Upon speaking with you several months ago you assured me that a roof permit would be obtained and the roof would be repaired or placed. To date no permit has been applied for and the tarp is still covering the roof. Description of Violation(s) at property: Section 82-221, The International Property Maintenance Code, (IPMC) 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IMPC Section 303.1, General; The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IMPC Section 303.4, Structural Members; All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. IMPC Section 303.7, Roofs and Drainage; The roof and flashing shall be sound, tight and not have defects that admit rain. Roof 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. 3. Recommendation(s) to correct the violation(s) described above: • Obtain a permit to replace and/or repair the roof. • Obtain the required approved final inspection. 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 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. 'urea Alexander' Code Enforcement Officer 7510 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 ww�L.j�cpp Myflor�tdaxory e e-mail: cityofcapecanaveral.org NOTICE OF HEARING CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, Respondent(s): James R. & Nancy R. Deen Location of the Violation: 405 Adams Avenue, Unit #5, Cape Canaveral 32920 CASE No. 2012-00026 DATE: 5/18/12 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 21, 2012 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral Library, 201 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 Construction Citation # 0044, that is attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, and Section 489, of the Florida Statute, Section 82-375 et, seq., 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. D D this 18th ay of May 20 Duree Alexander Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.rnyflorida.com/cape e-mail:d.alexander(d),cityofcapecanaveral.org Cape Canaveral City Manager 105 Polk Ave. Cape Canaveral, Fl. 32920 I am requesting an administrative hearing before the Cities Code Enforcement Board to appeal the Citation # 0044 that was issued to me on May 9h 2012. Issiti'l w 1; Kind Regards, Z Jim Been Phone Number (407)252-3803 0044 coNmucuoN coNmcmR,arATION CIT ow No-- ISSUING AGENCY' . CITY OF 4 82-375 at. seq. City of Cape Canaveral Code, and/or d CAPE CANAVERAL §489.127, an or §489.132(_. Flo *daa aro Re uwedfied 0" uw p&wralimvstWwM he/she has reasmble and probable Smotis to beLem, and ddoesbeftie, dot ndug9nW r m -t k ar: m 14 of the Week. nea--." N Name: Street Addressi- L1. f N. mr. rk- N zip Code: _5 zn z Phone �S= Height Did optualft 92 182-375 eL seq. ft of Cape Car[averal Code - WWucdon Unuacting RepWon ftWon- a vwatkn of. ®b .127 RoMa ftbatm fth%Rmu (Corbad* WMy to RqUWM Of ft*WM and 0=9a6*ns)- 'W Wwtn� =Wd4 P4489.132 (1) goida suum& NoWted ads by uftSmEW P&CiPak (Of DAh Faceswmdhdbv R monat4a and Probable Cam Locad" VwaftL aknn Tim ts t ,eaadr 4- 21 :a� 9,d, ;MR �WnOAIW be deemWd to .Mft W--0— V,*dmu r o' of Of AN PM C4 of t r an, (15 VM or ddo 4." br L Mail. Return Retpt 4pedfy rn u..A nwhom tn Famfiv �Manbar at Residence (15 VM of Urso r N0710E 20 VIOLAIOR This Citation is issued pursuant tO to § 92-375 et, seat.. City of Cape Ca Code and Chapter 489, Ra. StaL person o is issued and receives this Citation shall immediately cease the act for which the Citation was issued Upon receipt of tfiis Citation, the violator shalt cease and desist from the act for which this Cfttion has issued and elect to: (1) Within ten (10) days of receipt of this Citation, not including weekends and IWI holidays, pay to the City of Cape Canaveral the civil penalty sWW above. Payment must be made in U.S. Funds and n -Ay be made by cash (do not mail coh), check, or money order nude payable to the City of Cape Canaveral, Attention: City Ma r, at 105 Polk Avenue, Cape Canaveral, FL 32920. You must include & copy of this ClUdion with your payment M (2) Within (10) days of receipt of this Citation, not including weekends and legal, hofidays, ratptest an adminisbative hearing before the City's Code Enforcement Board to appeal the issuance of this CTWon in accordance with the res set forth in the Cape ral Code All suclr ra�ttesrs for a hearing shall be made in writing to City at 105 Pack A Cape Florida 3. pailme to mWest such a hewing in wri9ipp n the ten (10) day tinge period shall constitute a waiver of the vioLirttuls right to a hearing, and such as set brth in this Mation. If the ZCode Board finds u violation the Code Fnforcemelit Board may order the violator to pay a "t aF n $1,000.00 per day for each violation. pL� Any UnUcenseti person vj*Wng subsections 489.127 or 489.132 commits a misdemeanor of the first degree upon first offerpe, Any UnUcensed person, having pieviousty been found gift of vbWng subsection 489-127(t) commits 8 fdM of the third degree.upon the second offense. Any UnUcensed perm who commits a violation of suWadlon 489 -127(1) - during the existence of a state of emergency declared' by executive order of the Governor, commits a &6q ofd third degrm punMaMe asp in 4775,082 or 4775.083, Rodda Statiltm Your signature below does nd constitute an admission of guft however, wWM mfgsat to sign and accept this Mabon is a second degrr punishable by a fine of $500.00 and/or 60 days in Jail asp by 6775.082 or 6775.083, R&6taY 1 7 Date: signatue of ftlator cooe Edmmmat Boad odod - To be ReWkW by the COMMA yettow Can - To be ReUbW by YWAW Pink CM -'to be mubvd by My a.. ....... . .