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HomeMy WebLinkAboutCEB Minutes 10-22-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES October 22, 2015 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 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 pin by Chairperson Mary Russell. The Board Secretary called the roll. Mary Russell Raymond Viens Lynn Mars (Arrived at 6:12 pm) Walter P. Godfrey, Jr James Hale MEMBERS ABSENT Christopher Cloney Ralph Lotspeich OTHERS PRESENT Kimberly Kopp puree Alexander Brian Palmer Michael German Cindy Gregson Chairperson Vice -Chairperson Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Board members established the next meeting would be held on November 19, 2015. Consequently, Walter P. Godfrey, Jr. announced he will not be able to be in. attendance at this meeting. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. 1. Approval of the August 20, 2015 meeting minutes. Motion by Mr. 'Viens, seconded by Mr. Hale, to approve the Code Enforcement meeting minutes of August 20, 2015 as written. Vote on the motion carried unanimously, Code Enforcement Board Meeting Minutes October 22, 2015 The Honorable Mayor Rocky Randels presented a Certificate of Appreciation to longtime Board member Lynn Mars who resigned his position.. Mayor Randels expressed his gratitude and appreciation to Mr. Mars who sewed on the Code Enforcement Board since 2006. COMPLIANCE HEARINGS: Code Enforcement Officer Alexander explained there were no Compliance Hearings scheduled for consideration. I. Case No. 15-34 - Violation of Section 34--97, (1), (3), Duties and Responsibilities for Maintenance; of City Code of Ordinances; Violation of Section 304. 1, General; Section 304.3, Interior Surfaces, of The International Property Maintenance Code, as adopted by Section 82- 22 1, 2-221, of the City of Cape Canaveral. Code of Ordinances, (211 Caroline Street, Unit B-8) — Palms East of Cape Canaveral, LLC, CIG Jeffery W. Webs, R. A. Code Enforcement Officer puree Alexander prodded an overview of the Case history and presented exhibits. Officer Alexander testified that on May 27, 2015 she received a complaint regarding mold in unit B-8, Palms East of Cape Canaveral, located at 21.1 Caroline Street, On May 28, 2015. a site visit was conducted. Officer Alexander testified that during this time she was not able to view any mold because it had already been covered up. Officer Alexander also explained that it was evident to the senses that mold may have been present because she experienced watery eyes and discomfort in her throat with all the windows open.. Officer Alexander continued her testimony stating that on. May 7, 2015 Mold—Spec was retained by Mathew Bebber, tenant, to perform a preliminary mold assessment. This testimony was met by objection from Attorney Alex Finch, attorney for Jeffery Wells, property owner of Palms East of Cape Canaveral. Attorney Finch indicated that he did not want the Mold -Spec report entered into the record or heard by the Board. Officer Alexander was allowed to finished her testimony and presentation, albeit with numerous objections from Attorney Finch who indicated his desire was to Suppress testimony and information provided by Officer puree Alexander. In continuing her testimony, Officer Alexander stated that Mold -Spec was provided surface samples and in -wall cavity air samples to confirm the source of mold. These samples were sent to Hayes Microbial Consulting for an analysis report on their findings. Officer Alexander stated that according to this report, mold remediation was recommended because test results were not within normal limitations for mold.. Code Enforcement Beard Meeting Minutes October 22, 2015 Officer Alexander continued to testify that between June 1, 2015, and July 8, 2015 Staff was in contact with the complainant, obtaining pictures and copies of correspondence that were given to the property owner. Staff also provided complainant information regarding mold and its effects. On duly 15"', 2015 Staff was contacted by Amanda Mroz, a representative of Palms East of Cape Canaveral, who stated they wanted to work with the City to comply. Officer Alexander testified that the potential mold issue was discussed, in addition to areas that Staff would need to examine in order to determine if mold was still present. During this discussion, it was recommended that the property owner provide a written report from a professional mold remediation company to ensure the mold issue had been abated. Officer Alexander testified that on. August 01 2015 'Staff, including Mike German (Building Official), met Ms. Mroz at 211 Caroline Street, Emit B-8 where they entered the unit. luring this visit, staff was unable to view any of the areas stated in the complaint as they had already been covered up. Staff was inforIlned that the maintenance crew resolved the mold problem and that the unit was scheduled to be rented. According to Officer Alexander, Staff asked Ms. Mroz for a report from a licensed mold remediation company stating the unit was free from the presence of mold, because Staff was in receipt of a copy of the original report that stated mold was present. Officer Alexander stated that, to date, Staff has not received any documentation stating the mold has been remediated. Continuing her testimony, Officer Alexander provided information which she obtained online from The Environmental Protection Agency, recommending that when investigating hidden mold it requires caution. not to disturb potential sites of mold growth and if there is a possibility of mold, they recommend hiring an experienced professional. Lastly, Officer Alexander provided Florida Statute 468.841.1 definitions for mold, and mold remediation. Pictures of the areas in question, which were taken by Mathew Bebber, and Stachybotrys Mold pictures, which Officer Alexander obtained online, were also presented. Following testimony by Officer Alexander, Attorney Alex Finch spoke and gave testimony to the Board. During this tirne, Mr. Finch questioned Officer Alexander regarding several aspects of this case including her qualifications to identify mold and her recollection of events dealing with this case. Mr. Finch expressed concern regarding pictures presented by Officer Alexander during her presentation to the Board, noting that she did not take the pictures, but rather the tenant took the pictures. Further concern was raised by Mr. Finch during testimony regarding the Ahold sample's chain of custody. Property owner Jeffery Wells, as well as a maintenance worker, answered questions and testified to the Board on issues regarding repairs to the unit. Mr. Wells provided. information regarding Mr. Bebber's tenancy with Palms East of Cape Canaveral, explaining that the tenant only paid one month's rent during the time he lived in the unit. Mr. Wells also stated four people actually lived in this unit, not two as represented in the lease agreement with Mr. Bebber. Mr. Wells explained that this unit is a one bedroom unit and that "often times" too many people in Code Enforcement Board Meeting Minutes October 22, 2015 a unit this small can cause mold issues and tenants will also make complaints when they can't pay their rent. Mr. Wells testified that if something is wrong with an apartment, they fix it or the tenant is allowed to move out and they do not hold them to their lease. Board members asked numerous questions of the property owner regarding this property, his repair staff, specific repairs to this unit and what was replaced during the repair process. Following these discussions, Code Enforcement Officer Alexander respectfully requested that the respondent(s) be found in violation as stated in the Notice of Violation, and based on the evidence and testimony presented at this hearing, be given until November 18, 2015 to come into compliance as set forth in the Notice of Violation and until such time as compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the violation shall apply. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the respondent(s) in violation. Vote on the motion carried unanimously. 2. Case No. 2015-51 - Violation of Section 105. 1, Permit Required; Section I 10. 1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, ( 240 Cherie Down Lane) — Wells Fargo Bank NA, CIO 0CWEN Loan Servicing, LLC, R. A. Officer Alex -cinder explained that this item would not be presented because legal notification must be provided to the current property owner, which has recently changed. Case No, 15-13 — Violation of Section 34-94, (b) Purpose; Section 34-96 (a) (b) (d) Standards established; Section 34-97 (a) (1) 1(2) (3) Duties and responsibilities for maintenance; Section 34-98 (4) (6) Building appearance and maintenance; Section 110-582 Swimming pool barriers; of City Code of Ordinances; Violation of Section 301 General; Section 301.2 Responsibility; Section 302 Exterior property areas; Section 302.1 Sanitation; Section 302.5 Rodent harborage; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (305 Surf Drive) — Gerhardt Schmitz, Property Owner, — Code Enforcement Officer Duree Alexander expressed that this case in now in compliance and no further action is required at this time. 2. Case No, 15-22 — Violation. of Section 70-70 Evidence of engaging in business without paying tax or making reports; Section 70-72 Evidence of engaging in business; Section 110-467 Garage sales; of City of Cape Canaveral Code of Ordinances. (Vacant Parcel, N. Atlantic Avenue) Legal: PART OF S 21 OFT OF SW 114 OF SW 1/4 W OF OLD ST ROD 401 AS DESC IN ORB 3609 PG 4534 — Franklin D Hardaway — William Geiger Trustee(s). — Code Enforcement Board Meeting Minutes October 22, 2015 Code Enforcement Officer Duree Alexander stated that this ease has been brought into compliance and currently needs no further attention. 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 verbatirn 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 A.rnericans with Disabilities Act: all interested parties rnay 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. The meeting was adjourned at 7:13 pm by Chairperson Mary Mussell. Approved on this d nmday of0"U,L.6114 � � , 2015. Chairperson B4 rd Secretary