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Home My WebLink AboutCEB MINUTES 10-18-12 (2)CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES OCTOBER 18, 2012 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 18, 2012, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Walter Godfrey James Hale Lynn Mars I a I a LTA I m a -w-jul Karen Hartley Ralph Lotspeich OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Glenn Pereno Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney Building Official The Board members established that the next meeting would be held on January 17, 2013. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: September 20, 2012. Motion by Mr. Godfrey, seconded by Mr. Viens, to approve the meeting minutes of September 20, 2012, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting K4inUt8S October 18.2012 Page 2 Case No. 11-00077 - Violation of Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.) — JWL LLC c/o Retail Site ILLC, Keith A. Bennett, R.A. Code Enforcement Officer, [Ju[88 Alexander, provided an overview 0fthe C8S8 history and presented exhibits for the Board's review. Officer Alexander testified that the violation iGfor the nl8iOteD8OD8 of the parking lot. Officer Alexander stated that the Respondent sent an e-mail that explained that, due to his current financial standing, he vvOU|d not be able to complete the napoine until possibly late January. In his e-mail, Mr. Bennett stated that he would need additional time. Officer Alexander respectfully nSqU8St8d that the Board find the Respondent in non-compliance of the Board Order and give the Respondent until March 21. 2013 to CVnne into compliance or i0pOS8 8 fine in the amount of one hundred dollars ($1OO.00)for the first day and seventy-five dO||8nG ($75.00) per day thereafter retroactively beginning on May 17, 2012 UnU| found in compliance. Motion by Mr. VieDS` S8C0Dd9d by Mr. Hale, toaccept Staff's recommendation and find the respondent in violation and be given until March 21, 2013 to come into compliance or impose a fine inthe amount ofone hundred dollars ($1O0.0O) for the first day and seventy-five dollars /$75.00\per day thereafter retroactively beginning 0DMay 17.2O12'until found incompliance. Vote ODthe motion carried unanimously. 2. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. Nagel, Property Owner. Code EDfO[C8m8rt Officer, DUreB Alexander, provided on overview Ofthe Case history and presented exhibits for the Board's review. Officer Alexander testified that the Vi0|8tiOD is for the condition of the roof. Officer Alexander stated that the Respondent did obtain 8 permit for the repairs; hOvvewer, the permit hos expired and the vvO[k is not COrnp|eb3. Officer Alexander further stated that the property is vacant and the Respondent has hired a property maintenance company and has listed the property with 8 r88| estate agent for a possible Sh0d sale. Officer Alexander explained that the condition 0fthe property i8deteriorating. Officer Alexander presented 8letter from the Respondent tOthe Board that requested additional Code Enforcement Board Meeting K4iDViB8 October 18, 2012 Page Officer Alexander [eSoeo(hu|h/ requested that the Board find the Respondent in non-compliance Of Section 303.1, General; Section 303.4, Structural Members; Section 303.7. Roofs and Drainage, Ofthe International Property Maintenance Code (19Q8ediUOD)'8Sadopted bySection 82-221, of the City Of Cape Canaveral Code of {}rdinaOo8S. and give the Respondent until January 17' 2013 to Come into compliance or impose 8fine in the amount ofone hundred and fifty dollars ($150.00) for the first day and seventy-five d0||8[S /$75.00\ per day th8naoft8r retroactively beginning ODJune 21,2O12until found iDcompliance. Motion by M[ VienG' seconded by W1c Hale, to 8cCe[d Staff's recommendation and find the respondent in non-compliance and be given until January 1/, 2O13iOcome into compliance or impose a fine in the amount of one hundred fifty dollars ($150,00) for the first day and seventy- five dollars ($75.00) per day thereafter retroactively beginning on June 21, 2012, until found in cOOnp|i@DCe. Vote ODthe motion carried unanimously. 3. Case No. 12-00028 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 303.14, Window, Skylight & Door Frame: Section 304.3, Interior Surfaces, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (230 Columbia Dr., Unit 318) — William M. & Manon D. Powell, Propert Code Enforcement Officer, [)unS8Alexander, testified that this Case iSiDcompliance. PUBLIC HEARINGS: Case No. 12-00015 - Violation of Section 105.1. Permit Reauired: Section 110.1 Inspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the CitV of Cape Canaveral Code of Ordinances; and NEC Section 225.61 (a), Clearances over Bui|dinma and Other Structures. (218 Jefferson Ave.) — Robert M. Barthelme, Property Owner. Code E0fO[C8nn8rd Officer, [)uree Alexander, provided an OveniBvv of the Case history and presented exhibits for the Board's review. {)ffic9[ Alexander testified that the viO|8UOn is for work without 3 permit and an approved final inspection. C)fDC8[ Alexander explained that, following an e-mail from FPL regarding o power line clearance, an investigation revealed there was work being done without @permit. The property was posted with 8Stop Work Order. Officer Alexander stated that the Respondent iSincompliance with the NEC Section 225.O1ha\ Clearances over Buildings and Other Structures. She explained that Mr. B8dhe|erneObi3iD8d 8 permit to covert the 150 amp service underground and the final inspection was approved, Robert M. Badhek3me, property owner, testified he did some interior demolition of drywall and atobad that he was not aware @ permit was required for the demolition. FDUOvvDg notification, Mr. Barthe|80e applied for 8 d8D00|i1i0n p8nDiL but had to leave the State and the permit expired. M[. E38rthe|H[De submitted 8 p|8D for the FeDOv8tiODS and explained the plan to the BO@nJ. Mr. B8rth8|emefurther stated that he is going to obtain one permit for the entire project. Code Enforcement Board Meeting Minutes October 18.2012 Page Glenn p8nSDU, Building {)fficia|, testified that the demolition permit was not picked up and expired after six rn0DthS. Mr. PeFROn stated that he suggested that Mr. Barthe|nnl8 lump all the work into One permit, which is CUStOrn8ry. Officer Alexander respectfully requested that the Board find the Respondent in violation Of Section 105.1. Permit Required; Section 110.1' Inspections G8n8nG|. Of the Florida Building Code (2007 edition), as adopted by Section 02-31' of the City of Cape Canaveral Code Of Ordinances, and be given until January 17, 2013 to come into compliance by obtaining a permit and the approved final inspection or impose 8 fine in the amount Ofone hundred fifty dollars ($15O.00) for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning on October 18, 2012. until found in compliance. Discussion fV||Vvved regarding the 8rOOuOt Of time given to oOnnp|et8 the project. It was the consensus of the Board that they vv0u|d amend staff's recommendation to require the Respondent tOobtain the permit byJanuary 17,2O13. N10tiOD by Mr. ViHnG. S8C0Dd8d by K4[ Hale, to amend Staff's r9C0O7rDeDdatioO and find the respondent in violation and be given uDb| January 17' 2013 to obtain the permit for compliance Or impose e fine in the amount of one hundred fifty do||3[S ($150.00) for the first day and one hundred dO||8[S ($100.00) per day thereafter retroactively beginning on October 18' 2012' until found in COnOp|i8DCH. Vote on the motion carried un8Di[DOUS|y. 2. Case No. 12-00069 - Violation of Section 34-122(b), Public Nuisances; Section 34-96(7), Standards Established; Section 34-970), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (8200 Astronaut Blvd.) — 8200 Astronaut LLC, c/o Rudolph Hardick, R.A. Code Enforcement Officer, [)u[88 Alexander, provided an overview Of the Case history and presented exhibits for the BO@nd`S review. Officer Alexander testified that the violation is for the condition of the vacant lot. Officer A|8XGDd8r explained that the property was overgrown; however, following notification, the Respondent has come into compliance by mowing. Officer Alexander F9Sp8Ctfu||y requested that the Board find the Respondent in violation of Section 34-122(b), Public Nuisances; Section 34-90(7). Standards Established; Section 34- 07/1\, [)VUeG and Responsibilities for Maintenance, of the City Of Cape Canaveral Code of Ordinances, to establish the violation and no fine be imposed at this time. Motion by M[ Godfrey,seconded by Mr. VieDo'toaccept Staff's recommendation and find the respondent iDviolation. Vote onthe motion carried unanimously. 3. Citation No. 0054 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances; (7400 Ridgewood Ave., Unit 512) — Steve J. Hoskins, Mechanical Contractor. Code Enforcement Officer, DUreH Alexander, provided an overview of the Case history and presented exhibits for the Board's [8VieVV. Officer Alexander testified that VO August 2' 2012' the Contractor submitted 8permit application. [}nAugust 15'2O12'@permit was issued and Code Enforcement Board Meeting Minutes October 18.2012 Page the Un8| inspection was approved. However, Officer Alexander explained that the work was done before the permit was issued and she was dinaCigU by Glenn PenenO. Building Official, to issue the Citation. Steve HOskiOs, Mechanical Contractor, t8StUh8d that he faxed an application for an air conditioning evatann to be F8p|8C8d and the next day he completed the work. MF. Hoskins Stated that when a customer i8without air, it is an emergency and it was the policy ofthe City OfCape Canaveral to faxed an application with the notation that it is an emergency change -out and the work could be p8dO[nOed; hOvvev8r, the policy has changed whereby itiS required focall the Building Official for authorization to complete the work prior to the permit being issued. M[. Hoskins explained that he was not 8vv8re of this recent change and requested the fine be dismissed. Glenn P8n8no' Building {]ffi[iG[ testified that an application was faxed in; however, there was not 8 request for aO early start. He Si8t8d that the vVO[k was CODDp|etod without 8 permit and e Citation was issued. Officer Alexander submitted Exhibit C /S8CtOD 82-303\ vvhidl states that if the vio|mUOD has been corrected prior to appearing before the Board, they may dismiss the Citation. Motion by M[ \ieDS, seconded by M[ Hale, to dismiss the Citation. Vote Onthe motion carried 4. Citation No. 0212 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances: and Florida Statutes Section 489.1320), Prohibited Acts by Unlicensed Principals, (205 Johnson Ave.) — Louie E. Maloney. Code Enforcement Officer, [)WrHe Alexander, provided an overview Ofthe C8S8 history and presented exhibits for the Board's review. Officer Alexander t8StUh8d that the Respondent was issued two Citations; one was for work vviih0U< 8 permit and the SeC0Dd was for Un|iQeOS8d COOtng{tiOg. Glenn Pen8n0, Building {]ffiCka[ testified that the Respondent was going to install 8 vv8te[ h88t8[ UDU| he was stopped. K4[ P8n8no stated that he asked the Respondent if he had o permit for the work and a plumbing license to install the water heater. The Respondent said no to both questions. Mr. P8n3O0 explained that the Respondent was issued two Citations in the gnO0uDL of five hundred dollar /$500.00\ each. Mr. P8FeDO further stated that the Respondent did not continue with the installation Of the vv8t8r heater and revoked the Citation for work without 8 permit; however, herequested that the Board fine him for unlicensed work for the intent [Oinstall the water heater. Louie Maloney, H@ndvm8D, testified that h8was not aware that 3 |iCgn89d plumbing CODtn8Ct0r was required to iDSt8U the water heater. k4[. Maloney stated that as soon as he learned that he was not able hJdVthe work, heleft. Code Enforcement Board Meeting Minutes October 18, 2012 Page 6 Discussion followed regarding the fact that the Respondent had not actually installed the water heater. Motion by Mr. Hale, seconded by Mr. Godfrey to dismiss the Citation. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 7:22 P.M. Approved on this i / --day of 2012. 11'7 Mary Rus#611, Chairperson Joy Lombardi, Board Secretary