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HomeMy WebLinkAboutCEB Minutes 1-22-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES January 22, 2015 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 22, 2015, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:02 pm by Vice Chairperson Raymond Viens. The Board Secretary called the roll. MEMBERS PRESENT Raymond Viens Vice -Chairperson Christopher Cloney James Hale Lynn Mars MEMBERS ABSENT Mary Russell Chairperson Walter P. Godfrey, Jr. Ralph Lotspeich OTHERS PRESENT Kimberly Kopp Assistant City Attorney Todd Morley Economic Development Director Duree Alexander Code Enforcement Officer Brian Palmer Code Enforcement Officer Michael German Building Official Susan O'Donnell Board Secretary Economic Development Director Todd Morley introduced Michael German, the new Building Official. He stated the Community and Economic Development Department would be split to form Community Development and Economic Development. Dave Dickey as Community Development Director will oversee the Building Department as well as Code Enforcement and Mr. Morley will be the Director of Economic Development. Board members established the next meeting would be held on February 19, 2015. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. Code Enforcement Board Meeting Minutes January 22, 2015 1. Approval of Meeting Minutes: November 20.2014. Motion by Mr. Cloney, seconded by Mr. Hale, to approve the meeting Minutes of November 20, 2014, as written. Vote on the motion carried unanimously. 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 Reuuired: Section 110-551(a)(2)(b), Location of Recreational Vehicles: and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (350 Monroe Ave.) — Antonio Romano, Property Owner. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the structures. The property owner was not present at the meeting. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Seventh (7w) Amended Board Order, imposing penalty on First Violation, and be given until March 18, 2015 to comply, or 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, shall be imposed until such time as the property is found in compliance by the Code Enforcement Officer. Officer Alexander testified that the extension was being requested because the owner was trying to obtain a demolition permit and he had assured Staff he will move forward with demolition of the property to obtain compliance. Motion by Mr. Hale, seconded by Mr. Mars, to accept Staffs recommendation. Vote on the motion carried unanimously. 3. Case No. 14-00026 - Violation of Section 78-128. Chanee of Use; Section 78-121, Markoeiannakis Property Owner: Saigon Restaurant LLC. c/o Hai T Tran, Business Owner. Code Enforcement Board Meeting Minutes January 22, 2015 Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that the violation is for nonpayment of sewer impact fees for the Saigon Restaurant. At this time, the amount in arrears is $3,372.00. Mr. Markogiannakis, property owner, explained he was in Greece for four months and believed the issue was settled. He has agreed to pay the $3,372.00, but has concerns that once he pays this amount he will be reassessed for the other businesses located in this plaza. He is asking for an extension until he has had an opportunity to meet with his attorney and Staff has reevaluated the entire plaza to see if there are any additional fees he may incur. Officer Alexander explained that the sewer impact fees assessed are correct and sees no reason why there would be any additional fees assessed for units 1 & 2, if the seating remains the same. Officer Alexander testified that Staff had agreed to conduct a site visit to the property with the Building Official to confirm that no additional fees may be due for the other units located at this address, but this would be considered a separate Code Enforcement Violation. Mr. Markogiannakis stated he had been operating these restaurants for many years with no issues regarding the number of seats; he requested additional time to address the violation and obtain legal representation. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Fourth (4") Amended Board Order and immediately impose penalty on the First Violation in the amount of one hundred and fifty dollars ($150.00) for the first day of non- compliance and seventy-five ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Officer Alexander testified, based on Mr. Markogiannakis request for legal representation, Staff will support a thirty (30) day extension to allow Mr. Markogiannakis time to consult with his lawyer and come before the Board at the next Code Enforcement meeting held on February 19, 2015. Motion by Mr. Cloney, seconded by Mr. Hale, to accept Staffs recommendation and find the Respondent in non-compliance and be given until February 19, 2015, 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, unfit found in compliance. Vote on the motion carried unanimously. 4. Case No. 14-00074 — Violation of Section 34-96, Standards Established: Section 34-97. Duties and responsibilities for maintenance, of the City of Cane 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. Officer Palmer testified that the violation is for property maintenance. The property owner was not present at the meeting. Code Enforcement Board Meeting Minutes January 22, 2015 Based on the evidence and the testimony presented at this hearing, Staff respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until February 19, 2015, to comply or a fine shall be imposed in the amount of one hundred and fifty dollars ($150.00) for the first day of non-compliance 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 this violation shall apply. Motion by Mr. Cloney, 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 before the Board and explain his progress to meet the requirements of the violation or a fine shall 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 thereafter, until compliance is confirmed by the Code Enforcement Officer. Vote on the motion carried unanimously. 5. Case No. 14-00076 — Violation of Section 34-97 Duties and Responsibilities for Owner. Code Enforcement Officer Brain Palmer reported that this property was in compliance and requested that it be removed from the Agenda. U Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that the violation is for work without a permit and exterior property maintenance. The property owner was not present at the meeting. Based on the evidence and the testimony presented, Staff respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation, and be given until February 18, 2015, to comply or a fine shall be imposed in the amount of one hundred and fifty dollars ($150.00) for the first day of non-compliance and seventy-five ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Code Enforcement Board Meeting Minutes January 22, 2015 Motion by Mr. Cloney, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance and be given until February 18, 2015, to comply or be fined 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: 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. it and Latherow. Deborah L. H/W, Property Owner. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that the violation is for loud noise; dogs barking. The owners were not present at the meeting. Officer Palmer respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until February 19, 2015, to comply or a fine shall be imposed in the amount of seventy-five ($75.00) for the first day of non-compliance and twenty- five ($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 apply. Motion by Mr. Hale, seconded by Mr. Mars, to accept Staff's recommendation and find the Respondent in non-compliance and be given until February 19, 2015, to comply or be fined in the amount of seventy-five dollars ($75.00) for the first day 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 apply. Vote on the motion carried unanimously. ADJOURNMENT: Motion by Mr. Hale and seconded by Mr. Mars to adjourn the meeting at 6:53 p.m Approved on this day of (.G,�cc..� 12015. Patsy Huffman, Senfor Secre1hry (Typed Minutes)