HomeMy WebLinkAboutCEB AGENDA PKT 10-18-12 (2)M....'1— -1 11114Y.M—
Roll Call
'0" *
�..ity ot Uape k�anaveral
�Building Depatiment/Code Enforcement
AGENDA
,ODE ENFORCEMENTBOARD
R,EGtJl,,,AR MEETING
201 P01 K A ENUE
OCTOBER 1if, 2012
60) PM
Establish Next Meeting Date: January 17, 20 13
NEW BUSINESS:
1. Approval ofMceting Minutes: September 20, 2012
COMPI.JANCIE HEARINGS:
Case No. 11-00077 - Violation of Section 34-97(b)(3), 1)uties and Responsibilities for
I
Maintenance, of the City of"Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.)
-..-:EWE.., LLC` c/o Retail Site LLC, Keith A. Bennett, R.A.
2. Case No. 12-00012 - Violation of Section 303.1, General; Section 303. 4, StrUCtUral
Members; Section 30 .7, R()ofs and Drainage, of the International Property Maintenance
C'ode (1 O9 edition), as adopted by Section 82-221, of the (.try, of I ape Canaveral Code of
Ordinances, (201, 203, 205 Jefferson Ave.) -Dolores G, Nagel, property Owner,
1 Case No. 12-00028 - Violation of Section 105.1, Pennit Required; Section 110.1,
Inspections General, ofthe Florida Building Code, as adopted by Section 82-31, of the
City of Cape Canaveral Code cif` Ordinances; Section 303,14, Window, Skylight & Door
Frame; Section 304.3, Enterica- Surfaces, ofthe International Property Maintenance (,ode
(1998 edition), as adopted by Section 82-22 1, of the City of" Cape Canaveral Code of
Ordinances, (230 Coftnnbia Dr., Unit 318) -- Williarn M, & Manon 1), Powell, property
ownen
PUBLIC HEARINGS:
I
I, Case No. 12-00015 - Violation of Section 105.1, Permit Required; Section 110.1,
Inspections General,, of the Florida Building Code (2007 edition), as adopted by Section
82-3 1, of the City of Cape Canaveral Code of Ordinances; and NI CI Section 225.61 (a),
(.1carances over Buildings and Other Structures, (18 Jefferson Ave.) - Robert M.
Barthelme, Property Owner.
7510 N Atlantic Avenue - P.O. Box 326 - Cape ("anaveral, FL 32920-0326
Telephone ('321) 8(i8-1222 - Fax (321) 868-1247
t ) m! ,
__Tg 'o (�,
!,al,o e-mail iqL, �cjly��j'c 'c� i
-All
Code Enforcement Board
Agenda
October 18, 2012
Page 2
I Case No. 12-00069 - Violation of Section 34--122(b), Public Nuisances; Section 34-96(7),
Stai'idards Established; Section 34-97(l), Duties air(] Responsibilities for Maintenance, of
the City of Cape Canavei-al Code of'Ordinanccs, ('8200 Astronaut Blvd.) - 8200 AstronaUt
LLC, c/o Rudolph flardick, R.A.
1
3. Citation No. 0054 Violation of Section 82-375, Construction ( , ontracting Regulation
Violation, of the City of Cape Canaveral Code of Ordinances-, and Florida Statutes Section
4M1 2(1 1), Prohibited Acts by Unlicensed Principals, (7400 Ridgewood Ave., Unit 512)
— Steve .1. Hoskins.
1
4. Citation No. 0212 _"Violation of Section 82-375, Construction Contracting Regulation
I
Violation, of the City of'Cape Canaveral (7ode of"( rdinances; and l"lorida Statutes Section
489.132(f), Prohibited Acts by Unlicensed Pdticipals, (205 Johnson Ave.) L,OLIie E.
Maloney.
Pursuant to Section 28(0105, VS, the City hereby advises the public flial: qt ad person decides to appeal any decision
made by the Code Enl6rcenient Board with re�spect to arty marter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the
proceedings is tnade, which record includes the testimony and evidence upcm which the appeal is to be based. This
notice does not constitute consent by the (ity for the inlrodwion or admission into evidence of' otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals noi o1herwise allowed by laNv. The
attendance o,f one or more members (:& the Cape Canaveral City Council, Board of'Ad(justrnem, Plminnig & A -ming
affi] / d
-W COMIMMity Appearance Board who may or may not participate in Board discussions held at this public
meeting, Persons with disabilities necding special assistancc to participate in any of these proceedings should contact
the City Clerk's office at 868.122 1, 48 hours in advancc of the meeting.
CITY OF CAPE CANAVERAL
OD E ENI'ORCEMENT BOARD
MF"ETING MINUTES
SEPTEMBER, 20, 2012
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of'Cape Canaveral, [`Iorlda was
held on September 20, 2012, in the Cape Canaveral Public L,ibrary Meeting Room at 201 Polk
Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 6:00 I'M. The Board Secretary called
the roll.
MEMBERS PRESENT
Mary RUssell Chairperson
Janies Hale
Ralph L,otspcich
Lynn mars
MEMBERS ABSENT
Walter Godfrey,
Rayrnond Viers Vice -Chairperson
Karen Hartley
01 TIERS PRESENT
Duree Alexander Code Enl'orcemcm Officer
Joy Lombardi Board Secretary,
Kate Latorre Assistant City Attorney.
Todd Morley Building Official
Glenn Pereno Pkins Exam i ner/13 uil ding Inspector
The Board metribers established that the next meeting woLild be held ()n October 18, 2011
Assistant City Attorney Latorre swore in all persons giving testimony,
NE. W-BIISJNES'S�:
I A !oval of Meet,ip
--lip - — ---- - MinUtCS:j jy
� -U _t1j Z.
Motion by Mr. Hale, seconded by Mr. Lotspeich, to approve the meeting minutes 01:'.ILIIY 19,
2012, as written. Vote on the motion carried unanimously,
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 2
Q MPLIANCE JJEARINGS;
I Case No. 12-00003 - Violation of Section 105 1 '1 t R cc -,e d, iq!j
ImL etions Geneij] of the Florida Bui
...... 5 Iding cqgle_a5� (Igp Section 82-3j,, of' the
.. ...................
g Canaveral Code of Ordir a, g� '.��Jo 3
i n c n 4 9 d ,_Standards E'stab➢islie(t
... . .............. -- . . ....
Se,ctj.o.n..34,-98 ) Buildin k� ce and Connection with
...... .... with
SewerjM, fired. Section 78-128 Chan e.of'.,LJsejj5,etioII..j 1,0-292 PrinK�jgj
StnIctures;,-,,�'-q0tiL)!I—1 LQ-12K�,� Aie�4 q
2 _.�..,nd Dirnension.�_5,
....... .... A
5-ection 110- 91., NUmbc o
4 ,,r f 110-55,1
Location of"
RecreationalVehicle,";,. and Section 31 3A�5� 1 Smoke Ala the oa Fire
. . . ....... ............ . 11
. . .rid
.......... . .....
Prevention Co c as.,,ado . ted �by_�") jo I .3��- f- qpe�.,K.anaveral Code of
_gq�j_ �§,_�IfAb -c —�L
... ..... j1y !C� .............. ........... . . .
Ordinances,
Antonio Roman -),..,P qp�g�_Qwner.
--- . . ......... L �K
("ode Enf6rcemcni Officer, [,)Luce Alexander, provided an overview of the Case history and
presented exhibits Im the Board's review, Officer Alexander testified that the violation is for the
condit�ion Of" the StrUCtUres. Officer Alexander stated that the Respondent has obtained as permit
fim- renovations and is working toward comlfliarwe,
Officer Alexander respectfully requested that the Board find the Respondent in non-conipliance
of Section 105. 1, Pennit ReqUired; Section 109, 1, Inspections Gieneral, of the Florida Building
CI
ode, as ad82
opted by Section -31, of. the City ofCape Canaveral (ode of` Ordinaces; Section
34-96(d), Standards Estahlished; Section 34-98(6) Building Appearance and Maintenance,'
Section 78-27, Conneclion with Sewer Rec[Uircd; Section 78-128, (,7liange ol'Use; Section 110-
292, Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468,
Accessory Structure,- Section 1101-491, Number of Spaces Rcquired- Section 110-551 (a)(2)(b),
Location of Recreational Vehicles-, and Section 313.4.5.1, SInoke Alarms, of the Florida l"irc
Prevention ("ode as adopted by Section 38-26, of the City of Cape anaveral Code of
Ordinances, and be given until January 17, 2013 to coma into compliance or impose a fine in the
amUnt of" one hundred and fifty dollars ($150.00) I`or the first day and one hundred dollars
($100.00) per day thereafter retroactively beginning on June 21, 2012.
Motion by Mr. Lotspeich, seconded by Mr. Matic, to accept Staff's reconitnendation and find the
respondent in non-compliance and be given until JaIlUary 17, 2013 to coine into compliance or
impose as fine in the amount of one hundred fifty dollars ($150.00) for the first day and one
hundred dollars ($100.00) per day thereafter retroactively beginning on June, 21, 2012, until
found in compliance. Vote on the motion carried unanimously.
Code Enl6rcenient Board
Meeting Minutes
September 20, 2012
Page 3
2, Case No. 12-00006 .. Violation of' Section 3
.1 d3 Vacant Structures and Land
. .. . . . ... .......... ..... . ... . ...... ... �',
302,3Sidewalks andDr.ive.",ay,� Section 303,4, Section 303,6
Exterior Walls;
�,ection .3 -1 3 03, 1,0 Stair and Walking
.........._...www........ ................
SUrcs� e
f4 it µ30
3.11_AilidoW, jj_and Door Fraines Section 303.
Section 304.3 Interior Surlaces,_of the of the International _Pro pgMaintenance C ode
2
_jc!j!j n ,, ad t d_by 5.�K tL e Canaveral Code of
L -.5 tj2p Y �Icjc 41
-L-I-) A! .... .......
0dura ces and Section 34-�) 'd),, Standards Establisli,ed,of'tlie.City.11f' Mg.Canaveral
Code of Ordinances,�_.,g�j�t ` �c,tion. r he Standard Unsafe BuildilIg
Abaterneiil,.Codejj.2�,� ... 1' t 11 a j it y Y
.,�jj to Ave
T'D
Q'w"n—elL,
C.ode Enforcement Officer, DUree Alexander, provided an overview of tile Case history and
presented exhibits For the Board's review. Officer Alexander testified that the violation is for
work without as perinit and an approved final inspection, Officer Alexander explained that,
following as complaint, an investigation revealed there was work being done WithOLIt a pennit.
She stated that the property was posted with a Stop Work Order.
Lenny Cassanelli, Property Owner, testified that after he purchased the property lie paid offthe
existing liens and worked to bring the property into compliance. Mr. Cassanelli state(] that: he
hired as contractor and submitted as peri -nit application; however, the plans were denied, lie
explained that lie was fbi-ced into unnecessary repairs when the building code changed requiring
hien to install as sprinkler system and bring the bUildnIg III) tO code. Mr. C.` assanelli further stated
that the stnicture is secure and the broken doors and windows have beet) boarded up,
Mr. Cassanelli requested that the Board grant hirn additional time for repairs or tca sell the
1:)roperty, Additionally, lie asked the Board not to file the lien on the property stating that it
would be as financial bUrden lie could not afford,
Officer Alexander respectfully requested that the Board find the Respondent non-compliance of
Section 3013, Vacant Structures and Land; Section 3023, Sidewalks and Driveways; Section
303.4, StT`UCtI.H-,,d Members; Section 303.6, Fxterior Walls; Section 303.7, Roofs and Drainage;
Section 303,10, Stair and Walking Surfaces; Section 303,14, Window, Skylight an(] Door
Frames; Sccrion 303.16, Doors; Section 3043, 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 of0rdinances; and Section 34-96(d), Standards Established, ofthe City of'Cape
Canaveral Code of Ordinances; an(] Section 301 . 1, General,, of the Standard (.Jnsafie BUflding
Abatement Code (N85 Edition), and impose a fine in the aniount of two hundred an(] Jiffy
dollars ($250.00) for the first (Jay and one hundred dollars ($100,00) per day thereafter
retroactively beginning on, May 17, 2012 until f6tind in conipliance,
Discussion followed regarding additional time; however the Board was not convinced that one
nionth would be sufficient finre for hirn to come into compliance.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 4
Mr. Cassanelli stated that additional tinic might give hire the opporftlrlity to sell the property,
Motion by Mr. Lotspeich, seconded by Mr. Hale, to find the respondent in non-conipliance and
be given until January 17, 2013 to corne into compliance or inipose as fine in the arnount. of two
hundred and filly 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 conipliance with the condition
that the Respondent maintain the exterior of the propetly. Vote on the motion carried
unanimously.
3. Case No. 12-00012 Violation of' Section 303.1,.,Creneral
Mb
--eni ers,_.5,..itmtaclw.Internatioi al Pr(q�y ,�
P tintenance
bv Section 82-22j, of the. (it
_y
of( rd ance Jeffersoll A,,Ve,,.) __D.ql(,),r,es(_Ij, .-A
......... . . . Q___jn__ . �j, - _ - .1 1
----- --- N 1, 1) rtv
Code 1"jil"oreement. Officer, Duree Alexander, provided an overview of the Case history arid
presented exhibits f6r the Board*s review, Officer Alexander testified that tile violation is for the
condition of the rool' Officer Alexander stated that, fbIlowing as Notice of' Violation, the
Respondent obtained a re-roof'pennit for the repairs, Officer Alexander further stated that, after
a fe w months, a tenant cailed and reported that the work had stopped with only a portion ofthe
repairs completed. Officer Alexander explained that the flermit wiH expire in flour days,
Officer Alexander presented a letter trorn the Respondent to the Board that requested additional
time to corne into compliance.
Officer Alexander respeaftilly requested that the Board find the Respondent in non -coir) pf i all cc
of Section 303A, Gyeneral,- Section 3033, Structural Members; Section 303.7, Roofs and
Drainage, ofthe International Property Maintenance Code (1998 edition), as adopted by Section
82-221, of the City of' Cape Canaveral Code of Or(.1inances, and give the Respondent until
October 18, 2012 to come into coinpliance or impose a finc in the atnOUnt of"one hundred and
fifty dollars ($150,00) f6r the first day and seventy-five dollars ($75,00) per (Jay thereafter
retroactively beginning on June 21, 2012 until found in compliance,
.Motion by Mr, Lotspeich, seconded by Mr. Hale, to accept Staff's recornrnendation ancl find the
respondent in non-cornpliance and be given until October 18, 2012 to corne into compliance or
impose a fine in the aniount of'one hundred fifty dollars ($15(,00) for the first day and seventy-
five dollars ($75.00) per day thereafter retroactively beginning on June 21, 2012, until I-'OLUId in
compliance, Vote on the motion carried unarnniously,
Code Enforcement Board
Meeting Minutes
Septernber 20, 2012
Page 5
Case No. 12-00028 - Violation of Sectio..n 105.1, crinit Reouired
... ....... ...
In" cctions <tcnc real of' the, I'loridaB 1
ui Idii g
...?y..' ca traria.. 82-.3,1 . . .... of the
. ... ........
Citv.of' Cane Canaveral Code of Ordinances, Section 303. 14 Wi d)wlight_&j L)qr
Frapj 5.� tiqn 304,..3 Interior Surfac.&I I P ro nance Code
_�&.ttj Jpterrratioi a jjej�y int
82-22 of the (Ily .7aij ...Canavend ("ode of
0 it 1 230Columbia f
....... . ......... Q!L.,,Uait.,3l8 illia
Wm M. & Manon,j), _Pow I ,P o ey
Owner,
Code Enflorcement Officer, DUree Alexander, provide(] air overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
work without a permit: and the condition of the structure. Officer Alexander explained that,
following as coniplaint, ain investigation revealed that a window was installed without a permit
and that there was water damage to the units below, She Furthcr explained that the Respondent
hired as contractor to obtain as permit to replace the window,
William Powell, property owner, testified fie did replace the window without as pennit; however,
fbI lowhig the Notice of" Violation, lie stated that he hired a contractor l'or work and is reqUesting
additional time to comply.
Tom Parker, Contractor, testified that, affer they, obtained the pennit, fie ordered the window and
it will be liere in a few, weeks and they will get the windcov, installed. Mr. Parker slated that there
was no Nvatcr dainage in the Respondents Unit and was not sure that the water dainage was from
Nlr� P'0WCII*S U11it, Mr. Parker assured the Board that the window will be kistflied properly.
Officer Alexander respectfully requested that the Board find the Respondent in violation of'
Section 105. 1, Permit ReqUk-ed; Section I I O. 1, Inspections Getieral, of' the Florida Building
Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of'Ordinances; Section
303,14, Window, Skylight & Door Frairie,Section 304.3, Interior Surfaces, of the Inteniational
property Maintenance Code (1998 edition), as adopted by Section 82-221, of" the City of Cape
Canaveral Code of Ordinances, and be given until October 18, 2012 to corne into con-ipliance or
impose a fine in the amount of erne hundred fifty dollars ($150,00) for the first day and seventy-
five dollars ($75.00) per (lay thereafter retroacti\/cly beginning on `September 20, 2012, until
fbUnd in cornpliance.
Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept Stall's reconimendation and find the
respondent in violation and be given until October 18, 2012 to come into compliance or impose as
fine in the amount of' one hundred fifty dollars ($150.00) for the first (Jay and sev,errty-five
dollars ($75,00) per day thereafter retroactively beginning on, September 20, 2012, until found in
compliance. V(,,,)te on the motion carried unanimously,
Code Enforcement Board
Meeting Minutes
September- 20, 2012
Page 6
I Case No. 12-00055 - Violation of Section 105'.1,,, _Permit Rip Section I 10,J,,
...........
wra cc ions..GeneraLof the Floci da.._Buil 11g. �L IN 3 '119
0 f.C,WCqp4ygi-al Code of ()rdiiiai,icest;i4)LO.,..,CAliav,ej-aI BI d Carol J,
W fl I iarn s,.tpqjjg!jy Qwner.
.... -111111.11- .. ........
C'ode Enforcement (.Wficer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review, Officer Alexander testified that the violation is for
work without a permit, Officer Alexander explained that, following a coinplaint, an
investigation revealed that a window was being installed WithOUt a perrnit and that it appeared
that the Unit was being reniolded, She stated that a Stop Work Order was posted on the property.
Officer Alexander explained that a permit was applied f6r on September 12, 2012 for interior
renovations and is currently under review.
Carol Wilhams-Renshaw, property owner, testified that there was a leak in the bathroom that
darnaged the kitchen cabinets. Ms. Williams -Renshaw stated that they removed the cabinets and
bathtub not realizing that a permit was required, She furthcr stated that the bathroom window
ftarrie was broken and did not realize as permit was required to replace the broken window. Ms.
Willianis-Renshaw explained that, following the Code inspection, she hire(] as contractor anti
applied for a pert -nit firr the rcnovalions and window, replacement, Ms. Williams -Renshaw
requested leniency f'ron't the Board f6r the $500.00 fine,
Officer Alexander explained that the five hundred dollar ($500.00) Citation is next item on the
agenda.
Officer Alexander respectfully requested that the Board find the Respondent in violation of"
Section 105A, Perinit Required; Section 110,1, Inspections General, of the Florida l3nilding
Code, as adopted by Section 82-3 1, oftlic City of''ape Canaveral Code of'Ordinances, and be
given until January 17, 2013 to carne into compliance or impose a fine in the amount of one
Kindred fifty dollars ($150.0(1) for the first day and seventy-five dollars (575.00) per day
thereafter retroactively beginning on September 20, 2012, until found in conipliance.
Motion by Mr. Flale, seconded by Mr. Mars, to accept Staff's recommendation and find the
respondent in violation and be giVC11 Until January 17, 2013 to conic into compliance or impose a
fine in the arnount of one hundred fifty dollars ($150.00) for the first day and seventy-five
dollars ($75.00) per (lay thereafter retroactively beginning on September 20, 2012, until found in
compliance. Vote on the motion carried tknarfirrioUSly.
Code Erifiorcement Board
Meeting Minutes
September 20, 2012
Page 7
t 0__ __2._7
. . .... �-1-�-��....-����...,:,...,.�������,,�.�,��,��'ll'..,�ll,� . . .... tion
3, Citation No. 0046 -- Violation of' See i n,.8 -3 5 Construction Contracting -1
Viola i n of .,..tl Ci o C e Canaveral Code of Ordinances;. ,t a Statutes
..J . ..... x�- ........ ....... . .......... . .. . .... . ..... . ..... ......... ...... ....... ...
Section 489,13A.1 Prohibited Actsj�y d Pr lie Blvd.
Leslie L, Renshaw,
------- --- . . ........ . . . . ...... . ...... .......... . -.- -
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits tbr the Board's review, Officer Alexander testified that, fifflowing a report
that windows were being installed; an investigation revealed that a window was being installed
without as permit air(] the Unit was being remolded, She stated that as Stop Work Order was
posted on the property and as five hundred dollar ($500,00) Citation was issued to Mr. Renshaw,
Mr. Renshaw, Respondent, testified that he was riot aware that a perryfit was required to replace
the broken window or replace the kitchen cabinets, lie stated that a permit was applied for on
Septerriber 12, 2012 for interior renovations and is currently under review,
Officer Alexander respectfully requested that the Board find the Resp ondent. in violation of work
without a permit cind impose the five hundred dollar ($50(1.00) fine as stated in Citation #0046.
Chairperson Russell asked the City Attorney if' the Board had any recourse in their action
regarding the fine. Assistant City Attorney Latorre advised that there is a prevision where the
Board may dismiss the Citation if the Violation has been corrected.
Glenn Pererio, Plans Examiner/Building Inspector, stated that the Respondent has taken
immediate steps to correct the Violation by applying for the permit.
Motion by Mr. Lotspeich, seconded by Mr, Flale, to dismiss the Citation contingOlt UJ)011 the
Respondent receiving an approved final inspection by January 17, 2013. In the event that the
Respondent is not in compliance tire Citation would be due. Vote on the motion carried
unanimously.
4.Citation No. 0048:::::..Violation of Section -82-375, Construction Contractin a.R gqj4tion
.. .. . ............. ... ... . ........ ..
laii0j.1,
--jf the_,(,jy,,j2j`,-ances* and FJ
,'orida Statutes
CMg_,CAqavera1 Code of 01din
Section 489.13 . Unlicensed Prin
. ........... . . .....
PK� hibited Acts Ci
01 - Mattliew G. Kchres.
( I
lodc Enforcement Officer, puree Alexander, provided an overview of the Casc history air(]
presented exhibits for the Board's review, Officer Alcxarider testified that, following as
complaint, an investigation rcvealed that air conditioning units were installed without penrifts,
Officer Alexander stated that She issued Notice of Violations to each of the properly owners and
the Respondent carne forward to prat pennits; at which time lie was issued the Citations in the
amount of five hundred dollar (S500.00) per Citation.
Code Enl6rceincrit Board
Meeting MillLACS
September 20, 2012
Page 8
Matthew Kehres, Mechanical Contractor, testified that the units that were installed were after
hours during an emergency. Mr. Kehres stated that fie should have obtained the permits but
didn't. Ile explained that lie was wrong in installing the units without perinits,
Oflicer Alexander explained that the Respondent is as contractor and was issued four separate
Citations at five hundred dollars ($500,00) each,
Officer Alexander respectililly requested that the Board find the Respondent in violation ot'work
with(:)ut as permit and impose the five hundred dollar ($500.00) free; as stated in Citation :#0048.
Motion by Chairperson Russell, seconded by Mr. Hale, to accept staff's recommendation ,And
impose the fine in the amount of' five hundred dollars ($500.00) as stated in (,.itation #0048,
Vote on the motion carried unanimously,
5, Citation No. 0050 Violation of Section_82-375Cou�,-uc.tJon Contracting I
Violation, -of the it of Canaveral Code c& Ordinance, and Florida Statutes
Unlicensed Prjnc�j, ewood Ave,
...... ........
11,11114-6 6 — Marthew G. Kelircs,
Officer Alexander respectfully requested that the Board find the Respondent in violation of"work
without a pen -nit and inipose the five hundred dollar ($500.00) fine as slated in Citation #0050.
Motion by Chairperson Russell, seconded by Mr, Hale, to accept stafrs recommendation and
inipose the fine in the amount of frve hundred dolkirs ($500.00) as stated in Citation #0050,
Vote on the triotion carried unanimously,
fa. Citation No. 0051 Violation of' Section 82 375,.Conn structioColitt"a
d -
in .Re ulabor
. .........
Violatiop"Qf_jt!c,..fj ..of .(-', e (""'anaveral Code ofOt'diiiat'ices�4t!�t.--EI�2rida StatUtes
Section 489.132 11,TEgbibited Acts by_j�pjjcensed Prin I als
.. . .......... . . .......... .
tintliewKehres.
........ ..... -
Officer Alcxander resI)eetfblIy requested that the Board find the Respondctil in violation of'work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation 4,0051
Motion 1)), Chairperson Russell, seconded by Mr. Hale, to accept staWs recoirmiendation and
impose the fine in the amount of five hundred dollars (S500.00) as stated in Citation #0051.
Vote on the motion eamied unanimously.
("ode Eriforceryient Board
Meeting Minutes
Septern ber 20, 20 @ 2
Page it
T Citation No. 0052 -- Violation of" Section 82-1375 onstruction Contractin R gL1] a tip, n
Violation, _of..the - C y
Ht --- of Cap Canaveral Code of Ordinances* and Florida, Statutes
—
Section 489.132jjj, f)rohibited Acts ijttqgn5 C wcm
Mattliew G. Kehres,
Officer Alexander respectfully requested that the Board find the Respondent irl violation of'work
without as permit and impose the five IlUndred dollar ($500.00) fine as stated in Citation #0052.
Motion by hairperson RUssell, seconded by Mr. Hale. to accept staft"s recommendation and
impose the fine in the amount of' five hundred dollars ($500.00) as stated in Citation #0052,
Vole on tile motion carried Unaniniously.
K Citation No. 0054 Vi.o...ation of.' S. --e..c.ti.on.,23,7_ConstructionCoritractiq&,I�Mq!.tion
(7V Canaveral Code of Ordinances and Florida Statutes
Section 489.132,(,I.),_,,,jlqllibite(I Acts_j)y C i -, Im, ,.J�i ewood Ave,
............. ..
CJ.iruit51 tcve J, Hoskins.
Officer Alexander stated that the Respondent requested this item be placed ori the October
Agenda.
OLD BUSINI'SS:
I Case No. 11-00082 -- VioWion of' Section 303.1
Exterior Stru t re Section 303.._l 1,
Stairw,yms.,...J) cks, N c rclncs Balconies;,qg(L5!gu:jrj... I ails & Guards, of the
andr,
oftheinterriati i a P Maintenanc
Icrt
-e,,Code..(.1.2-aclitienrrsmmad( t d,by
82-
22 1, of the C �C e Canaveral Code of Ordinances., (4
- ... U--- "" A - -- ....... . ... -- - . Y
f)aIaecjIL(ij.�qjy,.QA.!j fAj.,,ij?jJcatjon for Satisfaction or Release of Code Enforcement
. ...... . ..... ent;
Code Enfim-ceffient Officer, Duree Alexander, provided an overview of' the Case history and
presented exhibits for the Board's review, Officer Alexander testified that the violation was for
the condition oftlic balcony. Officer Alexander stated that a 'Restricted Use' placard Nvas posted
on the premise due to the poor condition of the balcony and the fact that all ofthe hand rails were
missing. "I'lie property was fi)LII)d ire Violation and a lien was placed on the property January 19,
2012, Officer Alexander explained that the lien in the amount of nineteen thousand nine hUndred
and fifty dollars ($19,950,00) was incurred by the previous owners. She ftirther explained that
the new owners purchased the property, obtained tile permit required tier the repairs and brought
tile property into compl ia rice.
Kell'y Palace, Property Own er. tcstified that they renovate foreclosed propeil.ies around Brevard
COLHIty for a fiving and always work with the Municipalities to obtain the required pennits for
the repairs. Ms. Palace stated that they have, had many liens on various properties incurred from
prior owners and have had consideration from other Municipalities for the release ofthe liars
Code Enforcement Board
Meeting Minutes
Septenlber 20, 2012
Page 10
due W the fact that they are doing as great service for the communities to increase property values.
Ms. Palace requested that the Board recomillend that the lien be release(] so they do not lose
to oil the sale of the Im,operty; due to the fact that they did not incur tile fine and ftit, upon
the purchase ofthe property, they inu-nediately obtained as permit and cornpleted the repairs,
Officer Alexander explained that Staff's considenition for the reduction of the lien included
attorney fees; the fact that Mr, & Mrs. palace were not. the cause of the violation; tile length of
time to bring the property into compliance once they purchased the property; the minor blighting
effect on the surrOUnding properties; and the au iount of Staff filne involved in the enforcement of
the violations,
Officer Alexander respectfully requested that the Board recommend to the City Council the
reduction of" the lien in the amount of nineteen thousand nine hundred and fifty dollars
($19.950.00) to two thousand one hundred dollars ($2, 1 WOO),
Motion by Mr. Lotspeich, seconded by, Mr. Hale, to recommend that COU1161 release tile lieu ill
full. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no fbi-ther business the meeting adjourned at 7:54 P,M.
Approved on this ............. day o f-,- , I , 2012.
Mary Russell, Chairperson
Joy Loinbardi, Board Secretary
� rITY OF CAPE CANAVERAI,
lilllocn��da Municipal Corporation,
Complainant,
V
Respondent(s):
JWl" ux
C/O Keith A, Bennett, R - A.
I.,ocation of the Violation:
6103 N Avenue, Cape Canaveral 32920
CASE No. 2011-00077
DATE: 10/08/12
A HEARING will be conducted before the City ofCape Canaveral Code Enforcement Board on October
18, 2012, at, 6:00 p,ni. or as soon thereafter as possible, The hearing will be held at the City of" Cape
C,anaveral 1,ibrary, 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 Amended Order Imposing
Penalty on F'irst Violation attached as EXHIBIT "A" and shall make a determination as to "Whether such
violation(s) is/are con-ected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the
City ofCapc Canaveral Code of'Ordinances.
You are entitled to testify an(] 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 A(3,GRIEVED PARTY, MCUJI)ING THE CFFY OF CAPE CANAVERAJ, MAY APPEA1. A
FfNAl, ADMINISTRA,riVE ORDER OF THE ("ODE ENFORCEMENT BOARDTOTHE CIRCUIT
COURT AS PROVIDED BY 1"HE GENERAL., LAW OFTHE STATE 01�,' EXE(1)TION OF THE
ORDER r'O BE APPEA1,13D. FURTHER, IF AN 1'1 1_, IS F11,H), THE AGGRIEVED PARTY
MAY NEEDTO ENSURETHATA, VERBATIM RECORD OFTHE BOARUS HEARING IS MADE,
W1,11CH fNClAJ DES 'T"HE TESTI MONY AND EVIDENCE UPON WHICH 111 APPEA1, 1S "T BE
BASED.
DeA' HD this 18th day of'October 2012
�'- k-
Duree Alexander
Code Enforcement Officer
7510 N Atlantic, Avenue —, P.O. Box 326 — Cape Canaveral, FI, 329201-0326
Telephone (321) 868-1222-, Fax (321) 868-1247
w\vw.rny11()rida.corn/caPe e-rna,il: d, atexarider(iz cit yof'capecatiaver,til,org
9
, -.i.ty ot' Cape Canaveral,
Building Department/Cocle Enforcement
W
lop
UALMA21401".1
H -RAL,
n,
JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A.
Owner of the Property located at,
6103 N. Atlantic Avenue
Cape Canaveral, FL 32920
LEGAp BAN ANA MVER BUES PART 4:'S1 I DFS22 & 21 AS DES M OR B54PF 912 PLAT BOOK(MO PAGE 00(0
Respondent,
MOM M
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 evldence presented
and having reviewed the record and being otherwise f0y advised, makes the followirlg 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. -
I , 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;
2That a violation of Section 34-97(b)(3), Duties and Responsibilities for
Maintenance, of the City Code, exist or existed upon the Property and Respondent was further
provided a reasonable time to correct said violation"
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 not present at the hearing-,
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the
City Code;
75101 N Atlantic Avenue, -, P.O. Box 326,- Cape Canaveral, Fl., 32920-0326
Teleph()ne (321) 868_ 1222 -- Fax (32 1) 868-12,47
nw/e alor e-mail: ii ofca . c crak I
0) ..9 __Y.
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.
67kespondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board of the City of Cape Canaveral, Florida on July 19, 201Z
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDEREDi:
1. Respondent be given until October 18 2012 to correct any violation of the City
Code on the Property; and
2. If Respondent fails to correct the violation within the firne 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 Ming of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred dollars ($100,00) for the first day and seventy-five dollars ($75,,00) per
day thereafter until the violation is corrected and full compliance is confirmed by the Code
Enforcement Officer, Respondent shall be responsible to provide notice of such violation being
corrected to the Code Enforcement Officer, Upon such confirmation, the Code Enforcement
Officer shall promptly Me a Notice of Compliance;AMfLne_jmposed_pqrsuant.LojhisgqM r L@ph
shall be retroactively_Lmpres ect.bjNLnning_.gn a1, 2 1 .,
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.
5The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI,
DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of July, 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLOR0A
Mary Rus,,, 11, Chairperson
Complainant,
V.
Respondent(s):
Delores G. Nagel
,AL
CASE No. 2012-00012
DAU: 10/02/12
Location of the Violation:
201, 203, 205 Jefferson Avenue, Cape Canaveral, Fl, 32920
A HEARING will be, conducted before the Qity of Cape Canaveral Code Enforcement Board on October
18, 2012, at 6:00 p.m, or as soon thereafter as possible, The hearing will be, field at the: City of Cape
Canaveral Library, 201 Polk Avenue, (."'ape Canaveral, FI, 32920.
The Code Enforcement Board will receive testiniony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set lords in the Order Imposing Penalty
on First Violation (Amended as to Additional Time) attached as EXHIBIT "A" and shall make a
deten-nination as to whether such violation(s) is/'are corrected pursuant to Section 162,07, Florida Statutes,
and Chapter 2, Article V1, of the City of Cape Canaveral (lode 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 inay enter an Order requiring the owner of the Properly 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 pr(.,aperty,
AN AGGRIEVED PARTY, INCLUDING TI -IE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTKATT'VE ORDER OF THE CODE ENFORCEMENT 130ARD TO THE CIRCLAT
COURT AS PROVIDED BY THE Gl,NERAL, LAW OF THE STATE OF EXECUTION OF THE
ORDERTO BE APPEALED, FURTHER, IF AN APPEAL IS F'ILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE TT ATA VERBA,rim RECORD OF THE BOARD'S HEARING IS MADE,,
WFUCH INCE. ODES "EEE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED,
D41D A"I'this 26 f O
day october, 2012
Duree Alexander, Cod Enforcement Officer
75 10 N Atlantic Avenue,-- P.O. Box 326 — Cape Canaveral, FI, 32920-0326
Telephone (321) 868-1,222--, Fax (321) 868-1247
e-inail:d,ale:xandei-,((i)cityo-fcapecanaveral,or�y,
City of Cape Canaveral
Building Department/Code Enforcenient
r.,
ll�i�ll i�hi�"� ''"iiw; ,iii
Dolores G. Nagel
Ov,:,ner of -the Propatly located
201, 203, 205 Jefferson Avenu
Cape Canaveral, FL 32920 1
LEGAL AVON BY ME SEA 1011 & W 1,6 of 101' 2 BLE„ 14 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 June 21, 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:
I , 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 Statutesl
3, That Respondents either failed or refused to correct such violation within the
reasonable time period prodded in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was not present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit- Section 303.1, General; Section 303.4, Structural Mernbers; Section
303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as
adopted by Section 82-221, of the City Code, -
7510 N Atlantic Avenue- RO. Box 326- Cape Canaveral, 1*1, 32920-0326
'I"elephone (321) 868-1222,,-, Fax (321) 868-1247
www'City( f, �c
e-tnail- ifift)(L
jL
yof(a )cca.naveraI,(, rg
___— 1
Case # 12-00012
5, That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances,
6. Respondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board of the City of Cape Canaveral, Florida on September 20, 2012.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
*RDERED:
1, Respondent be given until October 18 2012 to correct any violation of the City
Code on the Property', and
Z if Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred and fifty dollars ($150,00) for the first day and seventy-five dollars
($75,00) per day thereafter until the violation is corrected and full compliance is confirmed by
the Code Enforcement Officer. Respondent shall be responsible to provide notice of such
violation being corrected to the Code Enforcernent Officer, Upon such confirmation, the Code
Enforcement Officer shall promptly file a Notice of Compliance; Aqy_fjne impgsed_pLkrsLaunt Lo
this pa,Mr
1� Mjnorn uuu.212012
3. if Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clark 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 firiding such repeat violation(s) exist(s) shall impose a fine
riot 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.
5The 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) O -R
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 20th day, of September, 2012.
IMSERNIffil mo
Copies furnished to:
Dolores G. Nagel, Property Owner
,
City of Cape Canaveral, Case File Mary Ru e 1, Chairperson
CITY OF CAPE CANAVERAL
.4
NOTICE 01"'COMPLIANCE HEARING
P�ITY OF CAPE CANAVERAL CASE No. 2012-00028 'T'I�olrida Municipal Corporation, I")A'rr,: 10/02/12
Complainant,
V
Respondent(s):
William M, & Manon D. Powell, P.O.
Location of the Violation:
230 Columbia Drive, Unit 318, (ape (-,'anaveral, Ft 32920
A,I-IFARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City ofCape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, 11, 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 'ity of Cape Canaveral Code of C. rdinances,
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 ()rder 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
mid/or other personal or real property,
AN AGGRIEVED PARTN', INCLUDING "ITIE CITY OF CAPE CANAVERAL, MAYAPPEAL, A
FINAL ADMINISTRATIVE ORDER OF TRE CODE ENFORCEMENT BOARD TO THE 'IR(.' UIT
COURT AS P110VIDED 13Y 'THE (AE NERAI,., LAW 019 TI -Iii, s,rATE, OF EXECUTIC)N OF T1 1E,
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, 714E AGGRIEVED PARTY
MAY NEED TO ENSURE "T1 -IAT A VERBAUM RECORD OFTHE BOARDS HEARING IS MADE,
WHICH INCLUDES THE',TESTI' ONY AND EVIDENCE UPON WHICH TUMAPPEAL IS T'0 BE
BASED.
D ' ED this grad da of October, 2012
Code Enforcement Officer
7510 N Atlantic Avenue-- P.O. Box, 326-- Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222-- Fax (321) 868-1247
%U%AA17 11117f 11 ewu d n orwn le, " ne, p- V" 'A ; I ^ X1
om
City of Cape Canaveral
Building Department/Code Enforcement
1 1; ;
00
Z 0
01AW-0:j T JAMS,
0
Case #12-00028
LEGAL : tNI'F318'11IECOI�)NIAL.HOI.GSEC(,'YNDO AS DESM ORB 2225 P( )916 AND AI,I.,AMT,',NDMEN'rST)MEREIOLei ,Alt-K)OKOOIS PAGE 0009
Respondent,
THIS CAUSE having come on for consideration, after being duly noticed, before tf�e
Code Enforcement Board of the City of Cape Canaveral, Florida, on September 20, 2012 to
determine whether any violations of the Qty 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:
11That 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;
Z That a violation of Section 105,1, Permit Required,Section 110.1, Inspections
General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape
Canaveral Code of Ordinances; Section 303,14, Window, Skylight & Door Frame; Section
304.3, Interior Surfaces, of the International Property Maintenance Code (1998 edition), as
adopted by Section 82-221, of the City Code, exist or existed upon the Property and
Respondent was further provided a reasonab:le time to correct said violation;
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;
751 ON Atlantic Aveiwe- R0. Box 326 ... Cape anaveral, F1, 32920-0326
Telephone (321) 868-1222 - Fax (321) 868-1247
W.: W "1' (11
e-mail: infiQ
4That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit, Section 105. 1, Permit Required; Section I 10. 1, Inspections General, of
the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of
Ordinances" Section 303.14, Window, Skylight & Door Frame; Section 304.3, Interior Surfaces,
of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221,
of the City Code,,
5That 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 October 18, 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
arnount of one hundred and fifty dollars ($150,00) for the first day and seventy-five dollars
($75,00) per day thereafter until the violation is corrected and full compliance is confirmed by
the Code Enforcement Officer, Respondent shall be responsible to provide notice of such
violation being corrected to the Code Enforcement Officer, Upon such confirmation, the Code
Enforcement Officer shall promptly file a Notice of Compliance; AU fists
jhj§.2 LagLap.t s I _ _j�o s e�d _2�u a n �tt q
.hgll be retroactjy�
1 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;
4Any and all future recurrence(s) of any vioiation(s) addressed herein after saryle
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such vioWtion(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500,00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5, The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162,0 9, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
Holm=
AVIAN
FOUP2 I � �,g � 0111 1� I
/ � . » � \ _ � .� ^
Mary Ruj H, Chairperson
Copies furnished to:
William M. & Manon D. Powell, 6" O -W -Ser
Rr,tn;AAJ!
Complainant,
V.
Respondent(s):
1Robert M, Barthelme, P.O.
M
Lc#,-ation of the Violation:
218 Jefferson Avenue, Cape Canaveral, FL 32920
CASE No. 2012-00015
DATEI: 10/8/12
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012, at 6:00 p. u. or as soon thereafter as possible. The hearing will be held at. the City ofCape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, F1. 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 detennination as to whether such violation(s) is/are corrected
pursuant to Section 162,07, Florida Statutes, and Chapter 2, Article V1, 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
proc,eedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing,
,rhe 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 PAR1`Y, INCLUDING THE CI-Y OF CAPE CANAVERAL, MAY APKAL A
FINAL ADMfNISTRATIVE ORDER OF THE CODEENFORCE"MENTBOARDTO THE CIRCUIT
COUR'I" AS PROVIDED BY "I"'HE GENERAL LAW OF THE STATE OF EXECUTION OF `FHE
ORDERTO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED,rO ENSLIRE THAT A, VER11ATIM RECORD OFTHE BOARDS HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCEIJPON WIRCHTHE APPEAL IS TO BE
BASED.
DAT D this 8th da r October, 20 1 2
uree Alexander, Cod Enforcement Officer
75 10 N Atlantic Avenue-- P.O. Box 326 —, Cape Canaveral, FL 32920-0326
Telephone (321)868-1222 — Fax (321) 868-1247
�A/%Aylxl Mivrinrarka -re,
C
ity of Cape Canaveral
F
CITY 0 CAPE CANAVERAL
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL CASE NO. 2012-00015
A Florida Municipal Corporation, Date: 3/28/12
Complainant,
V.
Owners of the property located at:
218 Jefferson Avenue, Cape Canaveral, Fl., 32920
Respondent(s):
Robert M. Bartheline, 11.0.
PURSUAN'I" to Section 162.06, Florida Statutes, and Chapter 2 Article V1, of the City of'Cape Canaveral
Code of Ordinances, the undersig,ied Code Enforcement Of hereby gives notice of violation(s) of the
City of Calv Canaveral Code cal" 0rdinances, as more specifically, described below, 1epondent(s) Ware
hereby notified that as corrective action(s) to cure the violation(s) described below is/dare to he voluittarily
perfortried within fleen (1 5) 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) Ware cora ected at the time of hearing Respondent(s) may be
required to attend as hearing before, the (",ode Enforcement Board for the City of Cape Canaveral, and as
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 he assessed tip to $250 per (lay for each first violation or up to $500 per day fbr each
repeat violation described in this notice until the violations(s) has/ have been corrected. IF TIIE
V
1�' IOLATION(S) IS/ARE CORRECTED WITIUN "I'llE TIM H PERIOD REQ L,JIRF.,D, TfIE
RESPONDENT(S) mus' r' IMMEDIATELY N0'rIFY 114E CODE LNFORCMENT OFFICER AND
REQUEST AN INSPE.CTION.
1. Properly where violation(s) exit(s):
218 Jefferson Avenue, Cape Canaveral, Fl, 32920
2. Name and address of owner(s) of property where violation(s) exist:
Robert M. Barthelme
218 Jefferson Avenue
Cape Canaveral, FL 32920
7510 N, Atlantic Ave[We - Post Offic!e Box 326 - Cape Canaveral, FL 32920-0326
1'elepllone: (321) 868-1222 - 1roax: (321) 868�1247
wwwrnyflorida.cornkape - ernafl. ccapecanaveral&fl.a.coin
A stop woxt order was placed on your property on, March 23, 2012, for doing work without the
required permits and approved inspections.
3. Description of Violation(s) at property: 82- 10, Stop Work Order;
Upon notice fi-orn the building official, work on any building, structure, electrical, gas,
niechanical or plumbing system that is being done contrary to the provisions of this code or in a
dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall
be given to the owner cal` the property, or to his agent, or to the person doing the work, and shall
state the conditions under which work may be resumed. Where an emergency exists, the building
official shall not be required to give a written notice prior to stopping the work.
Section 2-31, Florida Building Code Adopted; The Florida Building Code 2007 edition, as may
be amended from time to time, as published by the Florida BUilding C,orninission, shall be
I
knovoi as die City of Cape Canaveral Building Code and is hereby atdcapted by reference and
incorporate herein as if fully set out.
FL C' 105.1 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 firstrnakc application to the building official d obtain the required permit.
11,13C I I O. I General Inspection(s); (.7onstruction or work for which as 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- as 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 fbr
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.
NEC Section 225.61; Clearances over Buildings and Other Structures;
(a) 22 kV Nominal to Ground or Less; the clearances ever buildings aind other structures
conductors and live parts up to 22 W, nominal, to ground or less shall be not less than the values
shown in Table 225.61.
Table 225.61 Clearance over Buildings and Other Structures; Over or under roofs or projections
not readily accessible to people; Vertical rn (3.8); ft. (115).
Page 3
2012-00015
4. Recommendation(s) to correct the violation(s) described above:
• Pie work may resurne once the required permit(s) have been obtained.
• YOU will be required to obtain the approved fimal inspection(s).
• Have the power line that is connected from the power pole to the residence, which is
currently in violation of clearances over buildings and other structures as stated above,
relocated.
Failtire to comply within fifteen (15) days firorn receipt of this Notice shall result in fi,irther action, as
outlined in the previous page(s) of this Notice ot'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 I'Mforeement Officer at the C ity ol'(,.ape Canaveral, (.321)
868-1221
Ap
nrce A lexander
Code Ent"orcernent Officer
THE CITY OF CAPE CANAVERAL
A Florida Municipal ("orporation,
Complainant,
V.
Respondent(s):
8200 Astronaut LLC, C/O Rudolph Hardick, R.A,
Location ofthe Violation:
8200 Astronaut Blvd, Cape Canaveral, Fl.., 32920
CAS' No. 2012-00069
DATE- 9/19/12
A HEARING will be conducted before the City of Cape Canaveral Code Enfbrcement Board on October
18, 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, (ape Canaveral, Fl, 3292(1.
The 0:)de 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) Ware corrected
IMSUant n) SeCti011 16107, I'lorida Statutes, and Chapter 2, Article V1, of the (lity of Cape Canaveral
Code of Ordinances,
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since tyre
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enf6rcement Board may enter an Order requiring the owner of the Property to correct any
violation(s), "I"his 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 'I"HE CITY OF CAPE CANAVERAL, MAY APH,'Af, A
FINAL ADMINISTRA"FIVE ORDER OFTHE CODE ENFORCEME'NT BOARD "r,o THE CIRCUIT
couxr AS PROVIDEIT) BY THE GENERAL LAW OF THE S"I"ATE OF EXECUJ'l(:YN OF THE
ORDER TO BEAPPEALED. FURTHER, IF ANAPPEAL IS 1-,'I[,ED,'T'H,E AGGRIEVEI) PARTY
MAY NEEDTO ENSI-JRETHAT A VERBATIM RECORD OFTHE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TES'TIMONY AND EVIDENCE UPON WHIC!"I '11-113 APPEAL IS TO 13E
BASED,
DZA'T this 19th da of September, 2012
7 2 . .... ..
uee�Xlexan6der, 'ode Enforcement Officer
75 10 N Atlantic Avenue -- P,0, Box 326 Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 Fax (321) 868-1247
e-iiiail:d.alexander(,),cit-,yofcapeea.naveral,or�,y
CITY OF CAPE CANAVERAL
NOTICE OF VIOLATION
V.
Owners of the property located at:
8200 Astronaut Blvd. Cape Canaveral, 171, 32920
Respondent(s):
8200 Astronaut LLC, C/O Rudolph Flardick, R. A,
CASE O. 2012-00069
Date: 8/30/12
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Ailicle V1, of the City of Cape
Canaveral (."ode of0rdinances, the undersigned Code Enflorcenient Officer hereby gives notice
of violation(s) of the City of (.ape Canaveral (,ode of Ordinances, &s more specifically described
below. Respondent(s) ishire hereby notified that a corrective do (s) to cure the violation(s)
described below is/are to be voluntarily performed within ten (10) day's.
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
R.espondent(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.
"I"he Code Enforcement. Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties rnay be assessed up to $250 per day for each first violation or up to
$500 per (Jay for each repeat violation described in this notice until the violations(s) has/ have
been corrected, IF THE VIOLATION(S) IS/ RE CORRECTIM WIT HN THE TIME PERIOD
Rf,,'QUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THI,," CODE
I"',.NFO RCMEN'r 01°'ICER AND REQUEST AN INISI
1. Property where violation(s) exit(s):
8200 Astronaut Blvd., Cape Canaveral, FL 32920
2. Name and address of owner(s) of property were violation(s) exist:
Rudolph Hardick, R. A.
1515 S Atlantic Avenue, #204
Cocoa Beach, H. 32931
7510 N Atlantic Avenue,.-, P.O. Box, 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222— Fax (3 21) 868-1247
e-mail:dalexander(ir)citvofcapecanaveralor�,y
A site visit revealed your vacant lot is over grown and need of mowing, The overgrowth and lack
of property maintenance has been a continued problern. Please maintain the property by mowing,
and weed -eating on a regular basis.
Description of Violation(s) at property: Section 34-122, (b), Public Nuisances;
(b) All unimproved property in the city shall be maintained in a maliner such that weeds and
rank vegetation shall not exceed 12 inches in height.
Section 34-96, Standards Established; The owner of every single-family or multiple-farnily
dwelling, commercial or industrial property, his appointed agent and the occupant, operator,
tenant or anyone otherwise using the property in any forni or manner shall maintain the premises
fee of hazards which include but are not limited to:
(7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and
vegeUttion cut periodically as needed,
Section 34-97, Duties and responsibilities Maintenance;
Ilie owner of every single-family or multiple-fitmily dwelling, commercial or industrial
property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the
property in any form, oar manner shall maintain the premises free of hazards which include but are
not limited to:
(1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth,
garbage, trash., refuse, debris and inoperative machinery.
3. Recornmendation n(s) to correct the violation(s) described above:
Please maintain the property by rnowing, and removing any debris, and dead vegetation
from the property.
Failure to comply within ten (10) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not hesitate to contact the below signed Code EnforcementOfficer at the City of Cape
Canaveral, (321) 868-1221
&ce Alexander
Code Enforcement Officer
APPEALING CONSTRUCTION CITATION
CA"
IT OF CAPE CANA VE.,LCONSTRU;TIO N CITATION # 0054
A Florida Municipal Corporation, DATE: 10/02/12
Complainant,
V
Respondent(s):
Steve J. Hoskins
I.,ocation of the Violation:
7400 Ridgewood Avenue, Unit 512, Cape Canaveral, FL 32920
A 14EARING will be conducted before the City of Cape Canaveral Code Enforcement Board on October
18, 2012, at 6:00 p.m. or as soon thereafter as possible. The hearing will tv held at the Cif Cape
Canaveral Library, 201 Polk Avenue, Capc Canaveral, FL 32920.
Tb e Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring up('.)n the property of the Respondent(s) as set forth in the Construction Citation #
0054, 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 V1, ref 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 ofthe (,,ode Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing,
'rhe ("ode Enforceanent 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 AG(3RlEVED PARTY, INCLUDING T14E CITY OF CAPE CANAVERAL, MAY APPEAl., A
FINALADMINISTRAJIVE ORDER OF THE CODEENFORCEMENT BOARD 'ro THE CIRCUIT
CO1J1 ,T AS PROVIDED BY THE GE,,NERAL LAW OF TI -JE STATE OF EXE(.'(.J'['I(.)N OF T11E
ORDER TO BE APPEA1XI). FURTHER, IF AN APPEAL. IS FILED, TfIE AGGRIEVED PARTY
MAY NEED TO ENSURE'THA'r A VERBATIM RECORD 01"ITIE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TT S'TIMONY AND EVIDENCE UPON WHIC11THE APPEAL IS TO BE
BASED.
T D ' M this 2th day f October, 2012
'y rc
uree�Alexander, 1".".,ode 'I, n bricentent Officer
75 101 Atlantic Avenue - P.O. Box 326 - Cw ape Canaveral, F1, 32920-0326
Telepbone (321) 868-1222- Fax (321) 868-1247
Al 1114 11�1 111-1- /1111 -11 - J-1-114--/-�-:d-
CONTRACTOR CITATION CITATION NO.: 0054
ISSUING AGENCY: C IMTY OF §82-375 at. seq. City of Cape Canaveral Code ; and/or
CAFE CANAVERAL §489,12 11�41E
d tatutes.
""h . .. .......... . .. ... ....... --- ......
Te undvs�gned certi6ed that, upon Pe -nm �nvestiqation, rw/Ow has reasonabie and p�obobie grounch to believe, and does believe, that on:
82-375 et, seq. (ity of Cape Canaveral Code - Construction Contracting Regu[ation VioLition.
489,127 FLorida Statutes, Prohibitions (Contractrq Contrary to Regulations of professions and Occupations).
LJ f 489,132 (1) Rorida Statutes, Prohibited acts by unlicensed pincipals (of Qualified Construction companies).
Facts constituting Reascarable and Probable Cause:
—00 111100!
Print Nante/lide of Officer
Issued tr��rtified Mail, Return Receipt Requested
Q Hand Delivery to VnAator
IJ Hand Delivery to Family Member at ResWence(15 yrs� or older) Speofy Iierson:__ . . . ..........
NOTICE TO VIOLATOR
This Citation is issued pursuant to to § 82-375 et. seq,, City of Cape Canaveral Code and Chapter 489, R& 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 C'itation, the violator shall cease and desist front the act for which this Citation has
been issued and elect tithft-tw
(1) Within ten (10) days of receipt of this Citation, riot including weekends and iogaL holidays, pay to the City
of Cape Canaveral the civil penalty stated above, Payment must be made in U.S, Funds and may be rnade by cash
(do riot mafl 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 YOU payment,
QR
(2) Within (10) days of receipt of this Citation, riot including weekends and legal hoUdays, request an administrative
hearing before the City's Code Enfolcennent 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 shalt be "wade in writing to
the Cape Canaveral, City Manager at 105 Polk Avenue, Cape Canavera9,, Ronda 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 bearing 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.
Any unlicensed persort violating subsections 489.127 or 489.132 commits a olisdemeanor 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, punisliab6e as provided in §775.082 or §775,083, Rorida Statutes.
Your signature below does, Lipt constitute an admission of guilt„ however, wil[fut reftAsaL 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, Ra. Stat.
Signature of Violator Date:
EXHIBIT "A7
Original To 6e ReUned by the We CWWWW (Ode E"T"ce"lent ooard
yellow Copy T¢:be ReWned by VwIatw
pink Copy - To be Retamed by rutty
TECITY OF CARE CANAVERAL
Florida Municipal Corporation,
Complainant,
V4
Respondent(s).
Louic E Maloney
Location of tile Violation:
205 Johnson Avenue, Cape Canaveral, FL 32920
Construction Citatiow 0212
DXTE: 10/04/12
A HEARING will be conducted before the City of Cape Canaveral Code EInforeement Board on October
18, 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, F1,32920,
The Code Enfiorcement, 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
(#0212 attached as EX141BIT "A." and shall make a determination as to whether such violation(s) is/arc
corrected pursuant to Section 162.07, I'lorida Statutes, and Chapter 82, Article XV, of the City of Cape
Canaveral Code of Ordinances,
You are entitled to testify said present evidence and witriesses in defense at, the hearing. Since the
proce,edings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The C ode Enforcement Board may, enter an Order requiring the owner of the Property to correct any
violation(s), This penalty, if not paid, will become as lien oil 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 'ITIE (.,,i,ry OF CAPE CANAVERAL, MAY APPEAL A
FINAL, ADMINISTRATIVE ORDER OF TIIE CODE ENFORCEMENT BOARD 'ro 'rm:�'. CIRCUIT'
COURT AS PROVIDED BY '1HE GENERAL LAW of,, 'rm STATE OF EXECUTION OF T11E
ORDER TO BE APPEALED, FURTHER, IF AN APPIfAL IS FILED, THE AGYGRIEVED PARTY
AY I EED TO ENSURETHA'I" A VERBATIM RECORD OF THE BOAR' )'S HEAWNG Sl .I:
WHICH INCLUDES T1 -1E TESTIMONY AND EVIDEN(,",E LIPON WHICII THE APPEAL IS TO BE
BASED,
I ED this 4thb of'October, 2012
Duree e_ Enforcement Offteer
75 10 N Atlantic Avenue — P.O. Box 326— "ape Canaveral, FL 32920-0326
Telephone (321) 868-1222 -- Fax (321) 868-1247
w)N,Nv,,niyfl()rida.coiii/cal)(a e-mail: d, alexatider(d),cityof'capecaiiaveral.org
CONSTRUCTION CONTRACTOR CITATION CITATION NO.: 0 212
ISSUING AGENCY* CITY OF F §82-375 et. seq. City of Cape Canaveral Code; and/or
CAPE _1 . 1?� d
��o'!J-R-StAtAes,— . .........
N, undersigned cvhfied that, upon personat investigation, he/she has reasonablo and probable gmunds to believe, arid dxxs believe, that: ow
Da of the Week� 6, Month: 2,rAm J Pm
First Na rn e: Mj,-. Last Nairne. .11!1'1w4W j,
Street Address:
-77,
�k cc --Vr-=. ell _5 �er--s
city: Zip C .'r
State: ode'- �Z t
X:
Phone No.C, DCb&: e: Se �HWeiqht.
Did commit P 92.175 et, seq. City of Cape Canaveral Code - Construction Contracting Reguiation Violation
a violation of Florida Statutes. Prohibitions (Contracting Contrary to Regulations of, Professions and Occupations).
489.132 (1) Florida Statutes. Prohibited acts by unlicensed principals (of Quatified Construction cornparries),
Issued by: J (�,rtffied Mail, Return Receipt Requested
Ulrliarld Delivery to Violator
Li Znd Delivery to Family Member at Residence (15 yrs. or older) SIsecify,
7715YJWWI'Ujn��
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 iSSLred and receives this Citation shall immediately cease the act for which the Citation was
issued, Upon receipt of this Citation, the violator shaft cease and desist from the act for which this Citation has
been issued and elect kithqL,iia.
(1) Within ten (10) days of receipt of this Citation, riot including weekends and tegaL holidays, pay to the City
of Cape Canaveral the civit penalty stated above. Payment must be made in U.S, Funds arid rnay 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 most include a copy of this Citation with your payment;
OR
(2) Within (10) days of receipt of this Citation, not inctuding weekends and legal hoticiays, request an administrative
hearing before the CitVs Code Enforcerrient Board to appeal the issuance of this Citation in accordance with the
app[icabte procedures set forth in the Cape Canaveral, Code. ALL such requests for a hearing shall be inade in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaverai, Florida 32920. Failure to request such a hearing in
writing within the terr (10) day tirne period shall constitute a waiver of the viotator's right to a hearing and such
waiver shall be deemed an admission of the viotation and the penatties imposed as set forth in this Citation, If the Code
Enforcement Board finds that a violtation exists, the Code Enforcement Board may order the vioLator Co pay as civit
penalty of not less than the amount set forth on this Citation but no more than $1,DO0.00 per day for each violation.
Any uriticensed 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(l) commits a felony
of the third degree upon the second oft'ise. Any unticensed person who commits a violation of subsection 489A27(1)
during the existence of a state of emergency declared by executive order of the Governor, comnifts a
felony of the third degree, punishable as provided irr §775.082 or §775,083, Florida Statutes.
Your signature below does r[g.t constitute an admission of guilt„ however, wittfui refusal to sign and accept this
Citation is a second degree misderneanor punishable by a fine of $500.00 and/or 60 days in jail, as, provided by
§775,082 w, §775.083, Fla. St4L
Signature of Violator; Rate-
OriqinAW - To be Retained by the Cape CjnaveW Wre Fnfavcmnent Bowd EXHIBIT W
Yedow Copy - to he Retairied by Vorator
Pink Copy io be Retauned by Oty