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Home My WebLink AboutCE 2012-00005 201 International Dr # 214City of Cape Canaveral nunity & Eco�no�mic Development Department ODE ENFORCEMENT August 3, 2012 Tina Stewart Estate 201 International Drive, Unit 214 Cape Canaveral, FL 32920 CASE NO: 2012-00005 LOCATION OF VIOLATION: 201 International Drive, Unit 214 Cape Canaveral, FL 32920 PARCEL ID: 24-37-23-00-00295.5-0000.00 RESPONDENT(S): Tina Stewart Estate, The property was found in compliance on August 3, 2012, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: Section 82-221, International Property Maintenance Code as Adopted (IPMC); IPMC Section 108.1.3, Structure Unfit for Human Occupancy, IPMC Section 304.1, General; IPMC Section 3 0 6. 1, Infestation. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1222. Sin. cerely, Duree Alexander Code Enforcement Officer 7510 N. Atlantic Avenue - Post 4Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 wwwcityofcapecanaveral,org - email, info@cityofcap,ecanaveral.org Complainant, Owners of the property located at: 201 International Drive, Unit 214, Cape Canaveral, FL 32920 Respondent(s)- Tina Stewart Estate CASE 0. 2012-00006 Date: 1/31/12 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 isiare to be voluntarily perfon-ned within ten (l 0) 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 $5010 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 International Drive, Unit 214, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Tina Stewart, Estate 201 International Drive Unit 214 Cape Canaveral, FL 32920 2 I � I I 1 11 111 1 11 1 i 1 'rff , -M� jum� �Ig Telephone (3121) 868-1222 — Fax (321) 868-1247 e -mall; cityofcapecana,veral.org A site visit revealed the condition of your property was insanitary. Staff posted your property with an "Unfit for Human Occupancy" notice on January 27, 2012. 3. Description of Violation(s) at property: Section 8,2-221, International Property Maintenance Code Adopted. The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out. IPMC Section 108.1.3, Structure Unfit for Human Occupancy; A structure is unfit :for human occupancy whernever the code official finds that such structure is unsafe, unlawful, or because of the degree to which the structure is in disrepari or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the strucutre constitutes a hazard to the occupants of the structure or to the public, TPMC Section 304.1 General; The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. JPMC Section 306.1 Infestation: All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination proper precautions shall be taken to prevent re -infestation. 4. Recommendation(s) to correct the violation(s) described above: * Remove the trash and debris fromthe interior of the unit. * Maintain the unit in a sanitary condition, Sanitary meaning; free from elements, such as filth or pathogens, such that endanger health. Hygienic or sanitary conditions with reference to cleanliness, * Maintain the unit free from infestation. Failure to comply within ten (10) days from receipt of this Notice shall result in her 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. ......... . e Alexander Code Enforcement Officer 7510 N Atlantic Avenue — P.O. Box 326 Cape Canaveral, FL 32920-0326 Telepho868-1222 Fax (321) 868-1247 ww,w,M,yjfo6d,a,c0,r c e e-mail: cityofcapecaina,veral.org Complainant, LTA "N"ty of Cape Canaveral Ul Building Department/Code Enforcement CANAVERAL, wporation, Case ##12-00005 CF N 2612042297, GR B K 6551 PAGE 3, Recorded 03106/2012 at 12:45 PM Mitch Need&ran, Clerk of Courts, Brevard Courb; # pgs:'? Tina Stewart Estate Owner of the Property located at: SOMME[) 201 International Drive, Unit 214 Cape Canaveral, FL 32920 LEGAL: THE OAKS CONDO PH 11 AS DESC IN ORB 2466 PG 2562 AND ALL AMENDMENTS THERETO 9333EM 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 ILaw incorporated into this Order as set forth herein. 11 1111 111 * I MMEMN Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondents were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 108.1.3, Structure Unfit for Human Occupancy; Section 304.1, Generali; and Section 306.1, Infestation, of the 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 Respondents were 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 Respondents were, provided notice of hearing before the Code Enforcement Board and were not present at the hearing; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 e-mail-, cityoficapecanaveral.org Case #12-00005 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 108.1.3, Structure Unfit for Human Occupancy; Section 304.1, General; and Section 306.1, Infestation, 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; Section 34-122(a), Public Nuisances Prohibited; and Section 34-96, Standards Established, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitute violation of the City of Cape Canaveral Code of Ordinances, BASED UPON THE FOREGOING FACTS Ai',%'D CORCLItSIORS, IT IS AE,REBJ ORDERED: 1. A fine shall be entered immediately in the amount of two hundred and fifty dollars ($250.00) per day, including all cost authorized -by law related to the violation, until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents 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, - 2. The Clerk of the Code Enforcement Board is hereby 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, 3. 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 violafion(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shalll impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violatiion(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162,09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida. this 23rd day of February, II I Lei I WKS] as L Mary Rus Il, Chairperson, Copies furnished to: Tina Stewart Estate City of Cape Canaveral, Case File