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HomeMy WebLinkAboutCEB AGENDA PKT 08-21-14Call to Order Roll Call City of Cape Canaveral .ommunity & Economic Development Department AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 201 POLK AVENUE AUGUST 21, 2014 6:00 P.M. Establish Next Meeting Date: September 18, 2014 PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Code Enforcement Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens are encouraged to limit their comments to three (3) minutes. The Code Enforcement Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: Approval of Meeting Minutes: June 19, 2014 COMPLIANCE HEARINGS: 2. Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (350 Monroe Ave.) — Antonio Romano, Property Owner. 3. Case No. 13-00047 — Violation of Section 110-468, Accessory Structures, of the City of Cape Canaveral Code of Ordinances, (625 Manatee Bay Dr.) — Randal Craig Donceel, Trustee. Mailing Address: P.O. Box 326 — Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info Ocityofcapecanaveral.org Code Enforcement Board Agenda August 21, 2014 Page 2 4. Case No. 14-00026 - Violation of Section 78-128, Change of Use; Section 78-121, Established; and Section 78-99, Fees, of the City of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd.) — Elpidasmar Management LLC, c/o Pantelis Markogiannakis, Property Owner; Saigon Restaurant, LLC, c/o Hai T. Tran, Business Owner. PUBLIC HEARINGS: 5. Case No. 13-00092 — Inspections General, of 1 City of Cape Canaveral Corbett, Property Owner. OLD BUSINESS: Violation of Section 105.1, Permit Required; Section 110.1, he Florida Building Code, as adopted by Section 82-31, of the Code of Ordinances, (409 Madison Ave. Unit 0-102) — Rita 6. Case No. 12-00012 — Application for Satisfaction or Release of Code Enforcement Lien, (201-203-205 Jefferson Ave.) — Mustapha Khan, Property Owner. 7. Case No. 11-00040 — Application for Satisfaction or Release of Code Enforcement Lien, (8652 N. Atlantic Ave.) — Linda Ward, Property Owner. 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 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 made, which record includes the testimony and evidence upon which the appeal is to be based. 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. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 19, 2014 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 19, 2014, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter Godfrey James Hale Ralph Lotspeich MEMBERS ABSENT Raymond Viens Christopher Cloney Lynn Mars OTHERS PRESENT Duree Alexander Brian Palmer Gary Stepalavich Joy Lombardi Kimberly Kopp Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on July 17, 2014. Assistant City Attorney Kopp swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: April 17, 2014. Motion by Mr. Godfrey, seconded by Mr. Hale, to approve the meeting minutes of April 17, 2014, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes June 19, 2014 Page 2 COMPLIANCE HEARINGS: 2. Case No. 12-00003 - Violation of Section 105.1 Permit Required; Section 109.1 Inspections General, of the Florida Building Code as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances: Section 34-96(d) Standards Established: Section 34-98(6) Building Appearance and Maintenance; Section 78-27 Connection with Sewer Required; Section 78-128, Change of Use; Section 110-292 Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468 Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b) Location of Recreational Vehicles; and Section 31.3.4.5.1 Smoke Alarms of the Florida Fire Prevention Code as adopted by Section 38-26 of the City of Cape Canaveral Code of Ordinances, (350 Monroe Ave.) — Antonio Romano, Property Owner. Code Enforcement Officer 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 the condition of the structure. Officer Alexander stated that this Case was presented to the Board for Compliance Hearings on several occasions and was granted additional time. Officer Alexander reported that the Respondent has submitted plans that are currently under review. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until August 21, 2014 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance and be given until August 21, 2014 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 3. Case No. 14-00026 - Violation of Section 78-128, Change of Use: Section 78-121 Established; and Section 78-99, Fees, of the City of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd.) — Elpidasmar Management LLC c/o Pantelis Markogiannakis, Property Owner: Saigon Restaurant LLC c/o Hai T Tran Business Owner. Code Enforcement Officer 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 nonpayment of sewer impact fees. Officer Alexander stated that Staff is looking at other options for the calculation of the impact fees and requested additional time. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until August 21, 2014 to come into compliance or impose a fine 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 found in compliance. Code Enforcement Board Meeting Minutes June 19, 2014 Page 3 Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in non-compliance and be given until August 21, 2014 to come into compliance or impose a fine 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 found in compliance. Vote on the motion carried unanimously. PUBLIC HEARINGS: 4. Case No. 14-00015 — Violation of Section 110-582 Swimming Pool Barriers of the City of Cape Canaveral Code of Ordinances, (808 W. Central Blvd) — Branislav Kul Property Owner. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits for the Board's review. Officer Palmer testified that the violation is for not having a pool barrier as required by Code. Officer Palmer stated that the Respondent had a swimming pool permit that expired without a final inspection. Officer Palmer further stated that an alarmed pool barrier is required in order to obtain an approved final inspection. Officer Palmer explained that the Respondent understands what corrective action is needed. Officer Palmer respectfully requested that the Board find the Respondent in violation of Section 110-582, Swimming Pool Barriers, of the City of Cape Canaveral Code of Ordinances, and be given until July 17, 2014 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staffs recommendation and find the respondent in violation and be given until July 17, 2014 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 5. Case No. 14-00035 - Violation of Section 110-355 Prohibited Uses and Structures of the City of Cape Canaveral Code of Ordinances; and Section 502 .1, Dwelling Units of the International Property Maintenance Code as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances (301 Imperial Blvd Unit C-43) — John C Benton, Property Owner. Code Enforcement Officer 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 an individual residing in a storage unit. Officer Alexander stated that she received several complaints of an individual living in a storage unit at 301 Imperial Blvd. Staff conducted numerous site visits during the month of May and documented the Respondent in the unit each time. Officer Alexander further stated that the Brevard County Sheriff's Office conducted several night visits and found Mr. Benton in the unit each time. Officer Alexander explained that Mr. Benton provided her with a copy of his Florida Driver's License with an address of 420 Tyler Avenue indicating that was his residence. Code Enforcement Board Meeting Minutes June 19, 2014 Page 4 John Benton, property owner, testified that he resides at 420 Tyler Avenue, Unit #3 or he stays in Port St. John with his girlfriend. Mr. Benton stated that he spends 16-18 hours a day at the storage unit trading stock and smoking; however, he expressed that he does not live there. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 110-355, Prohibited Uses and Structures, of the City of Cape Canaveral Code of Ordinances; and Section 502.1, Dwelling Units, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and impose a fine 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 found in compliance. Motion by Mr. Lotspeich, seconded by Mr. Godfrey, to accept Staff's recommendation and find the respondent in violation and impose a fine 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 found in compliance. Vote on the motion carried unanimously. 6. Case No. 14-00042 - Violation of Section 110-295 Prohibited Uses and Structures of the City of Cape Canaveral Code of Ordinances; and Section 302 .1, Sanitation; Section 303.14, Window, Skylight and Door Frames; Section 304.3 Interior Surfaces: Section 505.3, Supply, of the International Property Maintenance Code (1998 edition) as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances (226 Polk Ave.) — Russell L. Moots, Property Owner. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits for the Board's review. Officer Palmer testified that the violation is for property maintenance. Officer Palmer stated that, following a complaint, a site inspection revealed the poor condition of the property. Officer Palmer further stated that the Sheriff's Department informed Staff that the property owner was allowing homeless to reside on the property. Officer Palmer respectfully requested that the Board find the Respondent as a repeat violator of Section 110-295, Prohibited Uses and Structures, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section 303.14, Window, Skylight and Door Frames; Section 304.3, Interior Surfaces; Section 505.3, Supply, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and impose a fine in the amount of five hundred dollars ($500.00) for the first day and two hundred and fifty dollars ($250.00) per day thereafter until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in violation and impose a fine in the amount of five hundred dollars ($500.00) for the first day and two hundred and fifty dollars ($250.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes June 19, 2014 Page 5 ADJOURNMENT: There being no further business the meeting adjourned at 7:00 P.M. Approved on this day of 2014. Mary Russell, Chairperson Joy Lombardi, Board Secretary CityCapeof C"y" Community & Economic Development �.: NOTICE OF COMPLIANCE HEARING E CITY OF CAPE CANAVERAL CASE No. 2012-00003 Florida Municipal Corporation, DATE: 8/6/14 Complainant, V. Respondent(s): Antonio Romano Location of the Violation: 350 Monroe Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00021.0-0014.00 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 21, 2014, 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 5th Amended Order Imposing Penalty on First Violation (Amended as to Additional Time) 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. D TED this 6th day of August, 2014 11 ku loy;WwL� Duree Alexander, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 City of Cape Canaveral Community & Economic Development Department C"VCA" CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #12-00003 A Florida municipal corporation, Complainant, V. Antonio Romano Owner of the Property located at: 350 Monroe Avenue Cape Canaveral, FL 32920 LEGAL: AVON BY THE SEA LOTS 14,15 BLK 21 PLAT BOOK 0003 PAGE 0007 PARCEL ID: 24 -37 -23 -CG -00021.0-0014.00 Respondent, 5th AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) 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 350 Monroe Avenue, Cape Canaveral, Florida ("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. Findings of Fact and Conclusions of Law 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, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110- 296, Area and Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City Code, exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 110 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 Www CitVnfflAnP.c'.AnavPral — o —N- F r :..._c____ - _- Case #12-00003 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 105. 1, Permit Required; Section 109. 1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, 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. 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. 7. Respondent had representation present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17, 2013. 8. Respondent had representation present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 21, 2013. 9. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 17, 2014. 10. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 19, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until August 21. 2014 to correct any violation of the City Code on the Property; and 1.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 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; Case #12-00003 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. 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 VI. DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of June, 2014 CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary RusII, Chairperson Copies furnished to: Antonio Romano, Property Owner City of Cape Canaveral, Case File —of CA� C�� CityCapeof Canaveral Community & Economic Development Department NOTICE OF COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2013-00047 A Florida Municipal Corporation, DATE: 08/07/2014 Complainant, V. Respondent(s): DONCEEL, RANDAL CRAIG TRUSTEE Location of the Violation: 625 MANATEE BAY DR, CAPE CANAVERAL 32920 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 21, 2014, 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 2nd Amended 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. DATED this 7th day of August, 2014 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info 9cityofcapecanaveral.org City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD C r" OF CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #13-00047 A Florida municipal corporation, Complainant, V. Donceel, Randal Craig Trustee Owner of the Property located at: 625 Manatee Bay Dr. Cape Canaveral, FL 32920 LEGAL: DISCOVERY BAY LOT 25 PLAT BOOK 0040 PAGE 0023 PARCEL ID: 24-37-15-75-00000.0-0025.00 Respondent, 2"d AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on July 18, 2013 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. Findings of Fact and Conclusions of Law 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 110-468, Accessory Structures, 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 present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 110-468, Accessory Structures, of the City Code; 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.cityofcapeca.naveral.org • email: info@cityofcapecanaveral.org Case #13-00047 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 present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on November 21, 2013. 7. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on April 17, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until June 19, 2014 to correct the 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 one hundred 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; 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. 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 VI. DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of April, 2014. CODE ENFORCEMENT BOARD OF THE Copies furnished to: CITY OF CAPE CANAVERAL, FLORIDA Donceel, Randal Craig Trustee Discovery Bay Homeowners Association, Inc.,��_ c/o George L. Schorn Jr., R.A. City of Cape Canaveral, Case File Mary Rud' ell, Chairperson City of 4C=APKAV-VUkAL Community & Economic Development NOTICE OF COMPLIANCE HEARING CITY OF CAPE CANAVERAL CASE No. 2014-00026 `. A Florida Municipal Corporation, DATE: 8/6/14 Complainant, V. Respondent(s): Elpidasmar Management, LLC, C/O Pantelis Markogiannakis, R.A. Saigon Restaurant, LLC, C/O Hai T. Tran, R. A. Location of the Violation: 8501 Astronaut Blvd, Cape Canaveral, FL 32920 PI: 24-37-15-00-00835.0-0000.00 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 21, 2014, 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 Amended 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. D17D this 6th d of August, 2014 uree Alexand r Cgde Enforcement Officer �vlailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 WWW ritvnfrar»ranavPral nr- o ,,.,,,;1. ;—r n....._ -r_-__ _ _ CWT or City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Elpidasmar Management, LLC; c/o Pantelis Markogiannakis, R.A. & Saigon Restaurant, LLC; c/o Hai T. Tran, R.A. Owner of the Property located at: 8501 Astronaut Blvd. Cape Canaveral, FL 32920 LEGAL: PART OF GOVT LOT 4 AS DESC IN ORB 5321 PG 3501 PARCEL ID: 24-37-15-00-00835.0-0000.00 Respondent, Case #14-00026 AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION (AMENDED AS TO ADDITIONAL TIME) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on April 17, 2014 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on 8501 Astronaut Blvd, Cape Canaveral, Florida ("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. Findings of Fact and Conclusions of Law 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 78-128, Change of Use; Section 78-121, Established; and Section 78-99, Fees, 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 present at the hearing; 1 10 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcapecanaveral.org e-mail: info(O-icityofcapecanaveral.ore Case #14-00026 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 78-128, Change of Use; Section 78-121, Established; and Section 78-99, Fees, 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. 6. Respondent was present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on June 19, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until August 21, 2014 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 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; 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. 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 VI. Case #14-00026 DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of June, 2014 CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA MaryRu ell, Chairperson Copies furnished to: Elpidasmar Management, LLC; c/o Pantelis Markogiannakis, R.A. Saigon Restaurant, LLC; c/o Hai T. Tran, R.A. City of Cape Canaveral, Case File CityCapeOf Canaveral Community & Economic Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): CORBETT, RITA Location of the Violation: 409 MADISON AVE 0102, CAPE CANAVERAL 32920 CASE No. 2013-00092 DATE: 08/07/2014 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on August 21, 2014, 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 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. DATED this 7th day of August, 2014 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 CityCapeof Canaveral Community & Economic Development Department NOTICE OF VIOLATION .VERAL )n, Owners of the property located at: 409 MADISON AVE 0102, CAPE CANAVERAL 32920 CASE NO. 2013-00092 Date: 09/25/2013 Respondent(s): CORBETT, RITA STARBEACH CONDOMINIUM ASSOCIATION, INC., C/O JAMES W. HART, JR R.A. 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): 409 MADISON AVE 0102, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: CORBETT, RITA SENTRY MANAGEMENT, INC APT 4-13 C/O JAMES W. HART, JR R.A. 91 VAN CORTLANDT AVE W 2180 WEST SR 434, SUITE 5000 BRONX, NY 10463 LONGWOOD, FL 32779 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcgpecanaveral.org e-mail: info9cityofcapecanaveral ori Page 2 2013-00092 Our office received a complaint regarding work without a permit. The Building Official conducted a site visit and observed the kitchen had been renovated. A record search revealed no permit had been acquired. 3. Description of Violation(s) at property: Sec. 82-31, - Building Code. (FBC) The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. FBC Section 101.2 Scope; The provisions of the Florida Building Code, Existing Building shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings. FBC Section 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. FBC Section 110 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. 4. Recommendation(s) to correct the violation(s) described above: • Obtain a permit and approved final inspection(s) for kitchen renovation 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. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info Qcitvofcapecanaveral. org Page 3 2013-00092 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. Brian Palmer 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.cityofcapecanaveral.org e-mail: info 9cityofcapecanaveral org CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEME,NTT CASE #: APPLICATION FEE: $ IDD O-Q� APPLICANT: `'"/U S' � �V DATE: 6b - ADDRESS: I tibrroc" CITY: C�,e5- STATE: _ ZIP:D NATURE OF VIOLATION(S): ADDRESS OF SUBJECT PROPERTY: DATE FINE/LIEN IMPOSED: AMOUNT: COMPLIANCE DATE: /DAY OR TOTAL RELIEF REQUESTS . SATISFACTIO / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE. Y THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) e.. THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages)aio,� a .c9 ;7 c��.o�� r r 1.., . ��a-,� l — . _ , -- ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Applicant's Signature Date: & (7 r 0 STATE OF da COUNTY OF e a 1� BEFORE NM the undersigned authority did personally appear- L�C'' ver as identification, and who after being lace under oath, swore or who provided information contained within this application is true and correct. affirmed the SUSAN JUuANO ~ MY COMMISSION N FF 114297 ' = EXPIRES: A 6117, 2015 Bonded Thru Notary public Underwriters Notary Public FOR STAFF USE ONLY APPLICATION FEE: $ i pC7 RECEIVED BY CITY ON COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE ash PIF nurtt , CK R Cityof Cape Canaveral APPLICANT PROCEDURE ComSmuniFOR XLEWCGtyonomc Development Department FORA REQUEST OR SATISFACTION OF A CODE ENFORCEMENT LIEN RWhere a certified copy of an Order imposing a penalty or fine, as described in F.S. Ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property, once the property has been found in compliance a request for the satisfaction or release of the lien may be submitted in writing on the application form provided by the City of Cape Canaveral. The following procedures apply to any person applying for a satisfaction or release of the Code Enforcement Board lien. 1. The application must be submitted at least ten (10) days prior to the next available Code Enforcement Board Meeting, on the application provided by the City. 2. A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff. This fee is non-refundable without regard for the final determination of the request. 3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the current property owner a notarized statement allowing the individual(s) to represent the property must be submitted with the application. 4. Once the completed application has been reviewed and approved the request will be scheduled for the fust available Code Enforcement Board Hearing and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff strono'lY recommends you or a representative is present at the hearing Please initial here: 5. The request will be presented to the Code Enforcement Board and the Board will provide the applicant with an opportunity to address the Board regarding the Request. The Board shall, by motion, make a recommendation to the City Council for approval, approval with conditions, or denial of the application. 6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the next available City Council meeting date, which is usually the following month. 7. The Code Enforcement Board Secretary will contact the applicant with the location, date and time of the next available City Council Meeting. This information is also available on the City of Cape Canaveral's on line calendar at www.cityofca en canaveral ori. It is strongly recommended that you. be present at this hearing to represent your request for the satisfaction or release of the lien 8. The City Council may approve, approve with conditions, or deny the application to satisfy or release the lien. 9. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of the lien. 10. If the application is denied for any reason the violator/application shall not be allowed to apply for a subsequent satisfaction or release of the lien for a period of one (1) year. During that period the lien may only be satisfied and released upon full payment of the fine or penalty imposed. Signature of Applicant:�.� Date: 7510 N Atlantic Avenue — P.Q. Box 326 — Cape Canaveral, FL 32920-0326 Cityof Cape Canaveral Community & Economic Development Department APPLICATION FOR SATISFACTION OR RELEASE CODE ENFORCEMENT CASE #_4 - Q 0 0 '-fO APPLICATION FEE: $ 100.00 CITY:�., EMAIL:s „. A c _. NATURE OF • • DATE:_7 01 7 • 11/ zIP:-_='2y"J J 79'b PHONE: ,) 6 7 - '!pQ 74!� ADDRESS OF SUBJECT PROPERTY:,,S 12 r I PARCEL ID: o �c P DATE FINE/LIEN FILED: AMOUNT (Total): COMPLIANCE DATE: RELIEF REQUESTED: El SATISFACTION / ❑REDUCTION IF REDUCTION, THE APPLICANT PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLAT�OJR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add more pages)_ I a G THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENA T}�Y OR FINE BEING IMPO ED AND RECORDED: (If more space is needed add more paizes) �/�a e,.� '34&-7_j P ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add more pages)�� , 4,2e _ 6�Q—OtJ Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofeapecanaveral.org e-mail: info(&citvofcanecgnnveral mora APPLICANT'S SIGNATURE STATE OF f 6r-- COUNTY OF e.&, � DATI BEFORE ME the undersigned authority did personally appear Z//. Cad who provided rdt� �j��cc�€�'r ,.� as identification, and who after being placed under oath, swore or affirmed the information contained within this application is true and correct. 6, _:14- 3 y t'. 7l v --d 1%A P. MW 2018 �. �;� _ Noruer • aeric : Notary Public •���''_.. ' . OF R```te. FOR STAFF USE ONLY 4 APPLICATION RECEIVED BY CITY ON COMPLIANCE CONFIRMED ON It I -1!`3 CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON S I2< C Y CODE ENFORCEMENT RECOMMENDATION ATTACHED: ❑YES ONO ACTION OF CITY COUNCIL: ❑APPROVE; ❑DENY; ❑APPROVE WITH THE FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 wwnv.cityofcmecanaveral.or e-mail: info (c 61yofcapecanaveral.or2 Cityof Cape Canaveral Community & Economic Development APPLICANT PROCEDURES FOR APPLYING FOR A REQUEST OR SATISFACTION OF A CODE ENFORCEMENT LIEN ►rder imposing a penalty or fine, as described in F.S. Ch. 162, has been f Brevard County, Florida, and has become a lien against the land and/or P VFCcl ly, a 1 Vyuc,L sur Lne sausraction or release of the lien may be submitted in writing on the application form provided by the City of Cape Canaveral, once the property has been found in compliance. The following procedures apply to any person applying for a satisfaction or release of the Code Enforcement Board lien. 1. The application must be submitted at least ten (10) days prior to the next available Code Enforcement Board Meeting, on the application provided by the City. 2. A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff. This fee is non-refundable without regard for the final determination of the request. 3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the current property owner, a notarized statement allowing the individual(s) to represent the property must be submitted with the application. 4. Once the completed application has been reviewed and approved; the request will be scheduled for the first available Code Enforcement Board Hearing and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff strongly recommends that you or a representative is present at the hearing Please initial here: 5. The request will be presented to. the Code Enforcement Board and the Board will provide the applicant with an opportunity to address the Board regarding the Request. The Board shall, by motion, make a recommendation to the City Council for approval, approval with conditions, or denial of the application. 6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the next available City Council meeting date, which is usually the following month. 7. The Code Enforcement Board Secretary will contact the applicant with the location, date and time of the next available City Council Meeting. This information is also available on the City of Cape Canaveral's on line calendar at www.ci ofcapecanaveral org. It is strongly recommended that you be present at this hearing to represent your request for the satisfaction or release of the lien 8. The City Council may approve, approve with conditions, or deny the application to satisfy or release the lien. 9. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of the lien. 10. If the application is denied for any reason; the violator/application shall not be allowed to apply for a subsequent satisfaction or release of the lien for a period of one (1) year. During that period the lien may only be satisfied and released upon full payment of the fine or penalty imposed. Signature of Applicant: (A) O Date: 7- A h l Y T Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info(�cityofcapecanaveral.org 50M -- -' --------- 04 - Pave 3 o�3