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HomeMy WebLinkAboutCEB AGENDA PKT 09-18-14Call to Order Roll Call City of Cape Canaveral ,ommunity & Economic Development Department AGENDA CODE ENFORCEMENT OARI REGULAR MEETING 201 POLK AVENUE SEPTEMBER 18, 2014 6-00 P.W. I Establish Next Meeting Date. October 23, 2014 I all -.11 [*1 L&I KJ I Lq I 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. I R I nym 1-11110*111141 1 9M Approval of Meeting Minutes: August 21, 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. 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 Markogianinakis, Property Owner; Saigon Restaurant, LLC, c/o Hai T. Tran, Business Owner. Mailing Address: P.O. Box 326 — Physical Address: 110 Polk Avenue Cape Canaveral, Fl- 32920-0326 Telephone (321) 868-1222 —Fax (321) 868-1247 Yv,-w-, % Y c i.t.-Y e-mail: inTo ck"J - L Code Enforcement Board Agenda September 18, 2014 Page 2 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 rneeting, 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 iaw. 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 AUGUST 21, 2014 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 21, 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. Mary Russell Walter Godfrey James Hale Ralph Lotspeich Lynn Mars wmawmvg• ;,� Raymond Viens Christopher Cloney 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 September 18, 2014. Assistant City Attorney Kopp swore in all persons giving testimony. NEW BUSINESS: 1, Approval of Meeting Minutes: June 19, 2014. Motion by Mr. Hale, seconded by Mr. Godfrey, to approve the meeting minutes of June 19, 2014, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes August 21, 2014 Page 2 MmIzImmurelco 2. Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1, InMections, 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) Buildinq 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 110-491dumberof Spaces Required; Section 1110-551(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. Building Official Gary Stepalavich stated that the permit will be issued within 310 days. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until September 18, 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 ($1,00.00) per day until found in compliance. Motion by Mir. Godfrey, seconded by Mir. Hale, to accept Staff's recommendation and find the Respondent in non-compliance and be given until September 18, 20114 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, I Case No. 13-00047— Violation of Section 110-468, Accessory Structures of the City of Eape Canaveral Code of Ordinances, 625 Manatee Bay Dr.j-- Randal Craig Donceel, Trustee, 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 Code revision was presented to the Planning & Zoning Board for approval and was denied, Officer Palmer stated that Staff has decided to forward the request to City Council for review. Craig Donceel, property owner, stated that Staff has reassessed the situation and will forward the request to the City Council) for approval. Mr. Donceel requested additional time for the process. Code Enforcement Board Meeting Minutes August 21, 2014 Page 3 Officer Palmer respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until October 23, 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 seventy-five dollars ($75.00) 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 October 23, 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 seventy-five dollars ($75,00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 4. Case No. 14-00026 - Violation of Section 78-128, Change of Use: Section 78-121, Establjshed° and Section 78-99, Fees, of the City of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd. — Elpidasmar Man qement LLC., c/o Pantelis Markogiannakis, Property Owner• Saiqon Restaurant, LLC, c/o, HaiT. TranBusiness 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 met with the property owner to conduct a fixture count that would allow for a recalculation of the impact fees. Officer Alexander notified Mr. Markogiannakis of the results of the calculation and he has agreed to pay the impact fees. Officer Alexander explained that the property owner was out of the country and wouild not be able to attend the meeting; therefore, he requested additional time. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until September 18, 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. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in non-compliance and be given until September 18, 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: 5. Case No. 13-00092 — Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida BuildingCode, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (409 Madison Ave. Unit 0-102) — Rita Corbett, Property Owner. Code Enforcement Officer Brian Palmer testified that the Respondent has reinstated the expired permit and has an inspection scheduled to close the permit; therefore, Mr. Palmer requested that the item be withdrawn from the agenda, Code Enforcement Board Meeting Minutes August 21, 2014 Page 4 OLD BUSINESS: 6, Case No. 12-00012 — Application for Satisfaction or Release of Code Enforcement Lien (201-203-205 Jefferson Ave.) — Mustapha Khan, 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 was for the condition of the roof. Officer Alexander stated that on February 20, 2014 the Code Enforcement Board entered an Order imposing Penalty against the above -referenced property in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day until the violation is corrected and full compliance is confirmed. During the period of non-compliance the property was owned by Dolores G. Nagel, Officer Alexander stated that on April 25, 2014 the property was purchased by Mr, Mustapha Khan. She further stated that Mr. Khan brought the property into compliance on May 9, 2014 at which time the lien stopped accruing and the total fine is five thousand nine hundred and twenty-five dollars ($5,925.00). Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of five thousand nine hundred and twenty-five dollars ($5,925.00) to four thousand seven hundred and forty dollars ($4,740,00). She explained that the reduced amount would adequately compensate the costs of the enforcement of the violation and the blighting effect on the community. Mustapha Khan, the new property owner, testified that he Ihas recently purchased the property in a public sale and was not aware of the outstanding lien until the closing. He stated that he obtained a permit to replace the roof and immediately brought the property into compliance. Mr. Khan further stated that the property would be for his personal use and requested a reduction of the lien. The Board asked for a calculation, of actualStaff costs for the enforcement of the violations. Officer Alexander stated that she has not calculated the "actual cost". Assistant City Attorney Kimberly Kopp advised the Board that they could make a recommendation to Council that the lien be reduced to Staff's actual cost of the enforcement of the violation and Staff could calculate the number prior to the City Council meeting. Motion by Chairperson Russell, seconded by Mr. Haie, to recommend that Council reduce the lien in the amount of five thousand nine hundred and twenty-five dollars ($5,925-00) to Staff's actual cost of the enforcement of the violations. Vote on the motion carried unanimously. 7. Case No. 11 -00040 — Application for Satisfaction or Release of Code Enforcement Lien, (8652 N. Atlantic Ave,) — Linda Ward, Property Owner, Code Enforcement Officer Dure,e 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 exterior condition of the property. Code Enforcement Board Meeting Minutes August 21, 2014 Gage 5 {officer Alexander stated that on September 22, 2011 the Code Enforcement Board entered an Order Imposing Penalty against the above -referenced property in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day until the violation is corrected and full compliance is confirmed. During the period of non-compliance the property was owned by Linda Ward. Officer Alexander stated that on November 7, 2018 the property was brought into compliance. The lien stopped accruing and the total fine is seventy-seven thousand eight hundredand fifty dollars. ($77,880.00). Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of seventy-seven thousand eight hundred and fifty dollars ($77,850.00) to ten thousand dollars ($10,000.00). She explained that the reduced' amount would adequately compensate the costs of the enforcement of the violation and the blighting effect on the community. Linda Ward„ property owner, testified that she was not aware that she was still the property owner. She explained that the property was in foreclosure and she filed for bankruptcy in 2000 and was told' by her attorney that the property was no longer her responsibility. Ms. Ward stated that when she was notified that she was still the property owner and of the violations, she corrected the issues and brought the property into compliance on November 7, 2013. John Cluen stated that he is currently in negotiations with the mortgage holder and have settled on a price; however, one of the conditions of the closing is the reduction of the lien. Mr. Cluen further stated that his real estate agent notified him that this was the first step. Motion by Mr. Lotspeich, seconded by Mr. dale, to recommend that Council reduce the lien in the amount of seventy-seven thousand eight hundred and fifty dollars ($77,850.00) to ten thousand dollars ($10,000.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 5:58 P.M. Approved on this day of Joy Lombardi, Board Secretary 2014. Mary Russell, Chairperson Complainant, 0 Respondent(s): Antonio Romano k-,ity of Cape Canaveral Community & Economic Development ANAVERAL rporation, Location of the Violation: 350 Monroe Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00021.0-0014.00 CASE No. 2012-00003 DATE. 9/9/14 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on September 18, 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 61h 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 mlish 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. 11 111 ill�qlll�ilill I IIIII pil 11111glip IIIIII 1 11111111111111! 1111111111111 � 1111111111 1111111 DATED this 9th day of September, 2014 PAU Do ?"e_�Alexander, code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321)1168-1222 — Fax (321) 868-1247 n .c�jt pfq.a.j ,canaveral,o e-mail: infoa,j _@c_ijyofcqpqqqqavc,r!q or rr City of Cape Canaveral Community & Economic Development Department CODE ENFORCEMENT BOARD mW Id 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 K 15 BLK 21 PLAT BOOK 0003 PAGE 0007 PARCEL D: 24 -37 -23 -CG -00021.0-0014,00 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 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,. 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; Mailing Address: P.O. Box 326 — Physical Address: 110 Polk A-Venu, Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 f. e-mail: Lnfof, 4),cjtyq&qpec44ave1, 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. & 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. 11, Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on August 21, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until September 18 2014 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 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 V1. DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of August, 2014. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rus ll, Chairperson Copies furnished to: Antonio Romano, Property Owner City of Cape Canaveral, Case File NAVERAL "oration, -ITO G 'ape Canaveral Community & Economic Development CASE No. 2014-00026 DATE: 9/9/14 - -- r I-,,,,-,,-, V. Respondent(s): Elpidasmar Management, I.,LC, 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 September 18, 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 200 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 THF CODE ENFORCEMENT BOARD TO THE CIRCUIT COTJRT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FTJRTHER, IF .AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. TED this 9th day of September, 2014 Duree Alexander, Co e ftnforcemcnt 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 ���.qit �ofcq�ecapa�ysj�Lor e-rnail- City of Cape Canaveral Community & Economic Development Departmenj Complainant, v, JAVERAL, ration, Elpid'asmar Management, LLC; c/o P'antelis Markogiannakis, R.A. Owner of the Property located at. 8501 Astronaut Blvd, Cape Canaveral, FL 32920 LEGAL: PART OFGOVT LOT 4ASDESCIIS ORB 5321PG3501 PARCEL 0: 24-37-15-00-00835.0-0000.00 Case #14-00026 ,(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, 20'14 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. 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; Mailing Address. P.O. Box 326 — Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 o -mail: Lg e 'j�f_oc 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. 7. Respondent was not present at a duly noticed Compliance Hearing held by the Code Enforcement Board of the City of Cape Canaveral, Florida on August 21, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until September 18 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 V1. Case #14-00026 DONE AND ORDERED at Cape Canaveral, Florida, this 21 st day of August, 2014, III ; I I - I" Mary Russ 1, Chairperson rly Copies furnished to: Elpildasmar Management, LLC; clo Pantelis Markogiannakis, R.A. Saigon Restaurant, LLC; c/o Hai T. Tran, RA. City of Cape Canaveral, Case File