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HomeMy WebLinkAboutCEB Agenda Pkt. 1-22-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA January 22, 2015 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: February 19, 2015 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: November 20, 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. Code Enforcement Board January 22, 2015 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. 4. Case No. 14-00074 — Violation of Section 34-96, Standards Established; Section 34-97, Duties and responsibilities for maintenance, of the City of Cape Canaveral Code of Ordinances, (201 Chandler Street) — Oceanside Treasure, LLC, Wells, Jeffery W., R.A., Property Owner. 5. Case No. 14-00076 — Violation of Section 34-97, Duties and responsibilities for maintenance; Section 110-555, Paving of Vehicular Use Areas; Section 110-492, Location of Spaces, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot, W. Central Blvd) — Port Hospitality Group, Inc., Baugher, Robert A., R.A., Property Owner. PUBLIC HEARINGS: 6. Case No. 14-00058 — Violation of Section 105.1, Required Permit(s); Section 110.1 General Inspection(s); of the Florida Building Code as Adopted by Section 82-3 1, of the City of Cape Canaveral Code of Ordinances; IPMC 302.1, Sanitation; IPMC 303.1, General; IPMC 304.1, General, IPMC 502.1, Dwelling Units; IPMC 504.1, General; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (109 Pierce Ave.) — Bowen & Bernier Investments, LLC, c/o Walker Bagwell Properties, LTD, Property Owner. 7. Case No. 14-00083 — Violation of Section 34-153 (5), Enumeration of prohibited noises; of the City of Cape Canaveral Code of Ordinances, (236 Canaveral Beach Blvd.) — Latherow, Charles A. 11 and Latherow, Deborah L. H/W, Property Owner. OLD BUSINESS: N/A 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 disabilifies 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 NOVEMBER 20,2014 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on November 20, 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 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Raymond Viens Vice -Chairperson Christopher Cloney James Hale MEMBERS ABSENT Walter P. Godfrey, Jr. Ralph Lotspeich Lynn Mars OTHERS PRESENT Kimberly Kopp Assistant City Attorney Todd Morley Community & Economic Development Director Duree Alexander Code Enforcement Officer Brian Palmer Code Enforcement Officer Susan Juliano Board Secretary The Board members established that the next meeting would be held on December 18, 2014. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: September 18, 2014. Motion by Mr. Viens, seconded by Mr. Cloney, to approve the meeting minutes of September 18, 2014, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 20, 2014 COMPLIANCE HEARINGS: 2. Case No. 13-00047 — Violation of Section 110-468, AccessoKy Structures, of the City of Cape Canaveral Code of Ordinances, (625 Manatee Bay Dr.) — 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 violation is for a structure encroaching onto Association Property. Officer Palmer respectfully requested that the Board find the Respondent in non-compliance of the Third (3d) Amended Board Order, and be given until February 19, 2015 to come into compliance or a fine be immediately imposed in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy five dollars ($75.00) per day until compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation be imposed. Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff s recommendation and find the Respondent in non-compliance and be given until February 19, 2015 to come into compliance or a fine be immediately imposed in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy five dollars ($75.00) per day until compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation be imposed. 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 explained that the property owner was out of the country and would not be able to attend the meeting; therefore, Staff is requesting the Respondent be granted additional time to comply. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Third (3d) Amended Board Order and immediately impose a penalty 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 compliance is confirmed by the Code Enforcement Officer; and all costs associated with the enforcement of the violation shall apply. Code Enforcement Board Meeting Minutes November 20, 2014 Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance, with the exception of allowing the Respondent until December 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 seventy-five dollars ($75.00) per day thereafter until compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. Vote on the motion carried unanimously. PUBLIC HEARINGS: 4. Case No. 14-00005 — Violation of Section 301.3, Vacant Structures and Land; Section 303.1, Exterior Structure, General, Section 303.2, Protective Treatments-, of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (7304 Poinsetta Ave.) - Mid First Bank, 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 exterior property maintenance. Officer Alexander respectfully requested that the Board find the Respondent in violation and immediately 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 compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. Motion by Mr. Viens, seconded by Mr. Hale, to accept Staffs recommendation and find the Respondent in violation and immediately 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 compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. 5. Case No. 14-00074 — Violation of Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (201 Chandler Street) — Oceanside Treasure, LLC, Wells, Jeffery W., R.A., 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. The dumpster area has been closed pursuant to the City of Cape Canaveral Code of Ordinances. Property representative, Sheila Rewis stated they are receiving bids to start paving of the parking lot. Officer Palmer respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until January 22, 2015 to comply or a fine be imposed in the 3 Code Enforcement Board Meeting Minutes November 20, 2014 amount of one hundred and fifty dollars ($150.00) for the first day and seventy five dollars ($75.00) per day thereafter until compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. Motion by Mr. Viens, seconded by Mr. Cloney, to accept Staff s recommendation and find the Respondent in non-compliance and be given until January 22, 2015 to comply or a fine be imposed 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 compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. Vote on the motion carried unanimously. 6. Case No. 14-00076 — Violation of Section 34-97, Duties and Responsibilities for Maintenance; Section 110-555, Paving of Vehicular Use Areas; Section 110-492, Location of Spaces, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot, W. Central Blvd) — Port Hospitality Group, Inc., Baugher, Robert A., R.A., 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 respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until January 22, 2015 to comply or a fine be imposed 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 compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. Motion by Mr. Viens, seconded by Mr. Cloney, to accept Staff s recommendation and find the Respondent in non-compliance and be given until January 22, 2015 to comply or a fine be imposed 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 compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. Vote on the motion carried unanimously. OLD BUSINESS: 7. Case No. 10-00140 — Application for Satisfaction or Release of Code Enforcement Lien, (8713 Hibiscus Ct.) — Federal National Mortgage Association. 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 unsafe structure. Officer Alexander stated a lien was filed against this property on 12/12/13, in the amount of two hundred and fifty dollars ($250.00) for the first day and two hundred and fifty dollars ($250.00) 4 Code Enforcement Board Meeting Minutes November 20, 2014 for everyday thereafter. The property was found in compliance on June 6, 2014. The total lien amount due is forty nine thousand, five hundred dollars ($49,500.00). Officer Alexander respectfully requested that the Board recommend to the City Council that the lien be reduced to thirty six thousand dollars ($36,000.00) based on the following: • The length of time that the violation was allowed to exist. • The lack of response from the property owner(s). • One or more prior liens have been placed against this property. • The violation was for hazardous and/or unsafe conditions which continued for six months or more. • The violation adversely affected an adjoining neighbor (leaking water, black mold and infestation). Motion by Mr. Viens, seconded by Mr. Hale to recommend that Council approve the lien reduction to thirty six thousand dollars ($36,000.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 7:35 p.m. Approved on this day of 2014 Mary Russell, Chairperson Susan Juliano, Board Secretary C 0 ity of Cape Canaveral Community & Economic Development NOTICE OF COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2012-00003 A Florida Municipal Corporation, DATE: 1/9/15 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 14EARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 2015 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 7th 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 BOARDS HEARING IS MADE, WHICH INCLUDES THE TESTIN40NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D D this 9th d f January, 2015 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 www.cityofc�pe anaveral.org e-mail: infoCa_)cityofcayecanaveral.or City of Cape Canaveral Community & Economic Development CODE ENFORCEMENT BOARD TY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, 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 10: 24 -37 -23 -CG -00021.0-0014.00 Respondent, Case #12-00003 7th 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. Findin-gs 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 Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofCapecanaveral.org e-mail: infoCacityofcapecanaveral.or Case # 12-00003 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; 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. 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. 12. 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 18, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until October 23, 2014 to correct any violation of the City Code on the Property; and Case # 12-00003 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 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; 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 18th day of September, 2014. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rus#II, Chairperson Copies furnished to: Antonio Romano, Property Owner City of Cape Canaveral, Case File Complainant, V. City of Cape Canaveral Community & Economic Development NOTICE OF COMPLIANCE HEARING CANAVERAL ,orporation, CASE No. 2014-00026 DATE: 1/9/15 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 January 22, 2015 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 4tb 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. 9th da of January, 2015 C Duree Alexan , Code Enforcement Officer Mailing Address: P.O. Box 326 Pbysical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.or e-mail: info Ca)cit-,/o fcapecan av eral. or City of Cape Canaveral Community & Economic Development CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA = tIAKIAX/CDAI �'-"-"I F wl 'r% F- " I F'Llorida munic'ipal corporation, Complainant, V. Elpidasmar Management, LLC; c/o Pantelis Markogiannakis, 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 4rd 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. Findinas 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; 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; Case # 14-00026 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. 8. 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 18, 2014. 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 November 20, 2014. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: Respondent be given until December 17, 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. 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.cAyofcapecap e-mail: info(a—)citvofcai)ecanaveral.orp- Case # 14-00026 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 20th day of November, 2014. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Ru lell, 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 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.or e-mail: info(a,)cityofcapecanaN-era].OTR City of Cape Canaveral Community & Economic Development Department IF COMPLIANCE HEARING THE CITY OF CAPE CANAVERAL CASE No. 2014-00074 A Florida Municipal Corporation, DATE: 1/9/2015 Complainant, V. Respondent(s): OCEANSIDE TREASURE LLC CIO WELLS, JEFFERY W., REGISTERED AGENT Location of the Violation: 201 CHANDLER ST, CAPE CANAVERAL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 2015, 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 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. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 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 9th day of January, 2015 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 City of Cape Canaveral Community & Economic Development CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case # 2014-00074 A Florida municipal corporation, Complainant, V. Oceanside Treasure LLC, c/o Jeffrey W. Wells, R. A. Owner of the Property located at: 201 Chandler Street Cape Canaveral, FIL 32920 LEGAL: CAPE CANAVERAL BEACH GDNS UNIT I LOTS 1, 3. THRU 11, 14, BLIK B PLAT BK 0016, PG 0131 PARCEL ID: 24-37-1450-000013.0-0001-00 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 20, 2014, 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 and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findinas 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 34-96, Standards Established; Section 34-97, Duties and responsibilities for maintenance, of the City of Cape Canaveral Code of Ordinances, exists or existed upon the Property and was further provided a reasonable time to correct said violation; 3. That Respondent 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: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 e-mail: info(&—,cityofcqpecanaveral.org, Case # 14-00074 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-96, Standards Established; Section 34-97, Duties and responsibilities for maintenance, of the City of Cape Canaveral Code of Ordinances, 5. That said violation(s) exist(s) or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until January 22, 2015, 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. Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcapecanaveraLpEg e-mail: info A, ci typfcagecan averal. org Case # 14-00074 DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of November, 2014. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rus#e'll, Chairperson Copies furnished to: Oceanside Treasure LLC, c/o Jeffrey W. Wells, Respondent City of Cape Canaveral, Case File Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 wNxr,"�.cityofcapecanaveral.oi-g e-mail: info 0acit)iofcVScanayeraI.or_g City of Cape Canaveral Community & Economic Development Department C".w NOTICE OF COMPLIANCE HEARING Tff�E CITY OF CAPE CANAVERAL CASE No. 2014-00076 A Florida Municipal Corporation, DATE: 1/9/2015 Complainant, V. Respondent(s): PORT HOSPITALITY GROUP INC., BAUGHER, ROBERT A., R.A. Location of the Violation: PART OF RECLAIMED LAND LYING W OF ASTRONAUT BLVD AS DESC IN ORB 5701 PG 6996, Cape Canaveral, FL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 2015, 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. T i he Code Enforcement Board will receive testimony and evidence at said healing regarding the violation(s) occurTing upon the property of the Respondent(s) as set forth in the Order Imposing Penalty On First Violation attached as EXHD31T "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 113 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 9'h day of January, 2015 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cilyofcapccanaveral orL, e-mail: h City of Cape Canaveral Community & Economic Development CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case # 2014-00076 A Florida municipal corporation, Complainant, V. Port Hospitality Group, Inc. c/o Robert A. Baugher, R.A. Owner of the Property located at: Vacant lot, W. Central Blvd. Cape Canaveral, FL 32920 LEGAL: PART OF RECLAIMED LAND LYING W OF ASTRONAUT BLVD AS DESC IN ORB 5701 PG 6996 PARCEL ID: 24-37-15-00-00838.0-0000-00 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 20, 2014, 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 and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact 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 34-97, Duties and responsibilities for maintenance; Section 110-555, Paving of Vehicular Use Areas; Section 110-492, Location of Spaces, of the City of Cape Canaveral Code of Ordinances, exists or existed upon the Property and was further provided a reasonable time to correct said violation; Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenuc Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.or e-mail: info Ca; cityo fcapecanaveral. org Case # 14-00076 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-97, Duties and responsibilities for maintenance; Section 110- 555, Paving of Vehicular Use Areas; Section 110-492, Location of Spaces, of the City of Cape Canaveral Code of Ordinances. 5. That said violation(s) exist(s) or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1 . Respondent be given until January 22, 2015, 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. 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.citvofcapecanaveraI.or e-mail: infoAcitypfcapecanaveraLgrg Case # 14-00076 DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of November, 2014. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Kla'ry Ru§*Il, Chairperson Copies furnished to: Port Hospitality Group, Inc. c/o Robert A. Baugher, R.A. City of Cape Canaveral, Case File Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 \N,xN-,A�.cityofc�pecan4\"Ieral.or2 e-rnail: info(a,cityofcapecana-,,-eral.org City of Cape Canaveral Community & Economic Development NOTICE OF HEARING THE CITY OF CAPE CANAVERAL CASE No. 2014-00058 A Florida Municipal Corporation, DATE: 1/9/15 Complainant, V. Respondent(s): Bowen & Bernier Investments, LLC C/O Walker Bagwell Properties, LTD Location of the Violation: 109 Pierce Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00061.0-0004.00 A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 2015 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 olation(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. Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.citvofcapecanaveral.or e-mail: info(i��cityofcapecanaveral.org. Notice of Hearing 1/9/15 Meeting Date Page 2 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 9th day of January, 2015 Duree Alexander, Code Pnforcement Officer Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.or e-mail: info(�)citypfcapecanaveral.or 0 M_ -70 City of Cape Canaveral - C"V OF 0 Community & Economic Development �CAIT CM�vg"L .=. NOTICE OF VIOLATION 'THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owners of the property located at: 109 Pierce Avenue, Cape Canaveral, FL 32920 Respondent(s): Bowen & Bernier Investments, LLC C/O Walker Bagwell Properties, LTD PI: 24 -37 -23 -CG -00061.0-0004.00 CASE NO. 2014-00058 Date: 7/2/14 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) exist(s): 109 Pierce Avenue, Cape Canaveral, FL 32920 PI: 24 -37 -23 -CG -00061.0-0004.00 2. Name and address of owner(s) of property where violation(s) exist: Bowen & Ben�iier Investments, LLC Glaiza Bowen, R.A. C/O Walker Bagwell Properties, LTD 153 Esther Drive 125 N Brevard Avenue, Suite A Cocoa Beach, FL 32931 Cocoa Beach, Fl, 32931 Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 \N "-xv.citN,ofcar)ccanaveral.or) e-mail: Mf0Cq-,6Lvo1'cqp riaN cral.org Notice of Violation 2014-00058 Page 2 Our office received a complaint and a site visit to your property revealed work without a permit; unsanitary conditions in Unit #3, regarding a toilet that would not flush properly; the laundry room, containing trash/debris, water covering the floor and inoperable machines. Remove all trash and debris from the exterior. Description of Violation(s) at property: See. 82-3 1. Florida Building Code adopted. 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. FLBC 105.1 Required Permit(s); Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation to which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. FLBC I 10. 1 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. Section 82-221, International Property Maintenance Code Adopted (IPMC); 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. IMPC 302.1, Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. IPMC 303.1, General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. IPMC 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. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Notice of Violation 2014-00058 Page 3 IPMC 502.1, Dwelling Units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. IPMC 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 3. Recommendation(s) to correct the violation(s) described above: A permit must be obtained for the installation of the gas water heaters, Repair the plumbing line that services the toilet in unit #3. Ensure that all plumbing fixtures are maintained in working order and are free from defects, leaks and obstructions. • Remove all trash and debris from the exterior property area. • Repair the deteriorated portions of the soffit. • Repair the water leaking problem in the laundry room -electrical room. • Maintain all laundry machines working order. • Maintain the laundry room in a sanitary condition. 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. 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. kj� 4�46A� uree lexander Code Enforcement Officer City of Cape Canaveral Community & Economic Development Department INV I 1U -L UV HEAKEN U THE CITY OF CAPE CANAVERAL CASE No. 2014-00083 A Florida Municipal Corporation, DATE: 1/9/2015 Complainant, V. Respondent(s): LATHEROW, CHARLES A Il LATHEROW, DEBORAH L H/W Location of the Violation: 236 CANAVERAL BEACH BLVD, CAPE CANAVERAL 32920 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on January 22, 2015, 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 anached as EXHMIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article V1, 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. Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 AN AGGRIEVED PARTY, INCLUDING THE CrI`Y 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 9th day of January, 20 15 Brian Palmer, Code Enforcement Officer Mailing Address: P.O. Box 326 Pbysical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 City of Cape Canaveral Community & Economic Development Department NOTICE OF VIOLATION 'ANAVERAL ioration, Uomplainant, V. CASE NO. 2014-00083 Date: 12/11/2014 Owners of the property located at: 236 CANAVERAL BEACH BLVD, CAPE CANAVERAL 32920 PARCEL ID: 24-37-14-51-00005.0-0012.09 Respondent(s): LATHEROW, CHARLES A 11 LATHEROW, DEBORAH L H/W 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 1 s/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): 236 CANAVERAL BEACH BLVD, CAPE CANAVERAL 32920 2. Name and address of owner(s) of property where violation(s) exist: LATHEROW, CHARLES A 11 LATHEROW, DEBORAH L H/W 6439 W. YEW PINE WAY TUCSON, AZ 85743-7144 Mailing Address: P.O. Box 326 Physical Address: I 10 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cit�,ofcapecanavei-al-.org e-mail: b.r)almerLo)cityofcapecanaveral.org Page 2 2014-00083 Our office has received numerous complaints regarding dogs barking constantly. During the complainants phone call the dogs could be heard in the background barking. 3. Description of Violation(s) at property: Sec. 34-153. (5) Enumeration of prohibited noises. It is unlawful for any person within the city to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others, and the following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive: (5) The keeping of any animal Or bird which, by frequent or long -continued noise, shall disturb the comfort or repose of persons in the vicinity thereof. 4. Recommendation (s) to correct the violation(s) described above: 0 Abate the nuisance as required by law 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. 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 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.C]ty9fca -L -mail: b. )almerCq_,cjtyofcapecanayer6.o� ___I ecagayeral.orp e CODE ENFORCEMENT BOARD MEETING 1/9�3/2015