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HomeMy WebLinkAboutCEB Minutes 6-18-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 18, 2015 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 22, 2015, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:00 pm by Chairperson Mary Russell. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Christopher Cloney James Hale Ralph Lotspeich Lynn Mars MEMBERS ABSENT None OTHERS PRESENT Kimberly Kopp Duree Alexander Brian Palmer Michael German Susan O'Donnell Chairperson Vice -Chairperson Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary The Board members established the next meeting would be held on July 23, 2015. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. COMPLIANCE HEARINGS: N/A PUBLIC HEARINGS: 1. Case No. 15-11 - Violation of Section 34-94 Purpose Section 34-96 Standards Code Enforcement Board Meeting Minutes June 18, 2015 Page 2 Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that the violation is for property maintenance. The property owner was not present at the meeting. Mr. Palmer provided the Board with the dates of the follow up site inspections and stated that he has made contact with the property owner and requested that the property owner remove the items stored in the front and side yard to a more appropriate area on his property. Mr. Palmer stated that the property owner was making progress with cleaning up these areas and was making an effort to comply. Based on the evidence and the testimony presented at this hearing, Staff respectfully requested that the Board find the Respondent in violation as set forth in the Notice of Violation and be given until July 23, 2015, to come into compliance or a fine shall be immediately imposed in the amount of seventy-five dollars ($75.00) for the first day of non-compliance and twenty-five dollars ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall be imposed. There was a brief discussion by the Board regarding the recycling business and lawn service is this resident's only means of income and that part ofthe problem is that the surrounding resident's drop off items to be recycled. Chairperson Russell stated that it should be made clear to the respondent that once the property has been cleaned up that these conditions cannot reoccur. Motion by Mr. Viens seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance as set forth in the Notice of Violation and be given until July 23, 2015, to into compliance or a fine shall be immediately imposed in the amount of seventy-five dollars ($75.00) for the first day of non-compliance and twenty-five dollars ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall be imposed. Vote on the motion carried unanimously. NEW BUSINESS: Staff presentation on establishing maximum amounts on fines as imposed by the Code Enforcement Board. Code Enforcement Officer Dome Alexander informed the Board that at a recent City Council Meeting a Council member suggested that Staff conduct a study on setting a maximum fine for Code Enforcement liens. Staff has been tasked with presenting this study to the Code Enforcement Board and is asking for direction from the Board as to whether they feel there is a need for revising the Code Enforcement lien procedures to place a maximum limits on Code Enforcement Liens. Code Enforcement Board Meeting Minutes June 18, 2015 Page 3 Staff provided an overview of the City of Cape Canaveral Code of Ordinance Division 2, Section 2-256 Created; Section 2-258 Duties, responsibilities and powers; Section 2-260 Application for Satisfaction, or release of code enforcement liens, and Florida Statute 162.09 Administrative fines; cost of repair; liens. A spreadsheet showing surrounding jurisdictional procedures for applying and releasing Code Enforcement liens was provided to the Board for review. There was discussion by the Board regarding the spreadsheet depicting the policies and procedures for liens and the release of a Code Enforcement liens. There was a brief discussion regarding the execution and levy of a lien against the personal property of the violator. Motion by Mr. Hale, seconded by Mr. Viens, to submit a recommendation to City Council that no changes be made to the current lien process and procedures at this time. Vote on the motion carried unanimously. ADJOURNMENT: The meeting was adjourned at 7:00 p.m. Approved on this ILO day of t.w-7cc,,,� , 2015. Mary Rus 1, Chairperson Q,hD (AQ rn� ,Scua.Y, Susan O'Donnell, Board Secretary Oet Duree d QID �Q Alexander, Code Enforcement Officer (Typed Minutes)