HomeMy WebLinkAboutOrder Imposing Penalty Case No. 04-0068 fi
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CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
CASE NO.: 04-0068
CITY OF CAPE CANAVERAL,
lorida municipal corporation,
Complainant,
v.
Cape Caribe,Inc.
Owner(s)of the Property located at:
100.0 Shorewood Dr.
Respondent(s).
ORDER IMPOSING PENALTY
THIS CAUSE having come on for consideration,after being duly noticed,before the Code
Enforcement Board of the City of Cape Canaveral, Florida, on October 21, 2004, to determine
whether 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,the following Findings of Fact and
Conclusions of Law are incorporated into this Order as set forth herein.
Findings of Fact
Based upon the evidence and testimony presented at this hearing, the Code Enforcement
Board finds:
1. The Respondent was provided allotice of Violation in accordance with Section2-258
of the City of Cape Canaveral Code of Ordinances and Section 162.12,Florida Statutes,
2. The Notice of Violation provided notice to Respondent that it was in violation of
Section(s)94-64(f)and(g)of the City Code,to wit:ground sign located within the visibility triangle
and the ground sign exceeds the maximum size allowed.
3. The Notice of Violation provided Respondent with a reasonable period of time in
which to bring its property into compliance with the City Code.
4. Respondent was unable or unwilling to bring its property into compliance within the
time provided, and a hearing was scheduled before this Board.
5. Respondent's ground sign as of the hearing date is located within the sight visibility
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www.myfloricla.com/cape • e-mail: ccapecanaveral @cfl.rr.com
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triangle, as described in Section 94-64(f), City Code and exceeds the maximum allowable area as
provided in Section 94-64(g),City Code.
Conclusions of Law •
1. Respondent is in violation of Sections 94-64(f)and(g)of the City Code.
Based Upon the Foregoing Facts,It is Hereby Ordered:
1. Respondent shall come into compliance with the City Code no later than October 21,
2005.
2. Respondent shall execute an indemnity and hold harmless agreement with the City of
Cape Canaveral,to the satisfaction of the City Attorney,which shall be effective at all times during
non-compliance.
3. If Respondent fails to bring its property into compliance by the date provided above
this board reserves the right to take further action to enforce this Order and to correct the violations
which continue to exist,in accordance with Section 162.09,Florida Statutes and Chapter 2,Article
VI of the City Code.
4. Respondent shall notify the Code Enforcement Division of the City's Building
Department immediately upon coming into compliance and request a compliance inspection. Upon
finding compliance the Code Enforcement Officer shall file an affidavit of compliance with the
Board.
DONE AND ORDERED at Cape Canaveral,Florida,this eilay of air ,2004.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL,FLORIDA
C'69 cf."..0.et
Mary Russ ,Chairperson
Copies furnished to:
Respondent
City of Cocoa,Building Official
I HEREBY CERTIFY that a true and correct copy of this Order Imposing Penalty has been furnished by certified mail,
return receipt requested,to the Respondent, do John Grandlich,Vice President,710 Planlcinton Avenue, Ste. 1100,
Milwaukee,WI 53203 this al day of CST. ,2004.
C
Joy ,Board Secretary
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