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HomeMy WebLinkAboutCE MINUTES 8-21-14CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES AUGUST 21, 2014 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 21, 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 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter Godfrey James Hale Ralph Lotspeich Lynn Mars I g kyj I g g im, -, 16 -ma Raymond Viens Christopher Clloney wigglagmam III mag Duree Alexander Brian Palmer Gary Stepalavich Joy Lombardi Kimberly Kopp Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on September 18, 2014. Assistant City Attorney Kopp swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: June 19, 2014. Motion by Mr. Hale, seconded by Mr. Godfrey, to approve the meeting minutes of June 19, 2014, as written. Vote on the motion carried unanimously, Code Enforcement Board Meeting Minutes August 21, 2014 Page 2 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 Reguired; Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110-296, Area and Dimensiom Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required° Section 110-551(a)(2)(bl 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 re0ew. Officer Alexander testified that the violation is for the condition of the structure. Officer Alexander stated that this Case was presented to the Board for Compliance Hearings on several occasions and was granted additional time, Officer Alexander reported that the Respondent has submitted plans that are currently under review. Building Official Gary Stepalavich stated that the permit will be issued within 30 days. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until September 18, 2014 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance and be given until September 18, 2014 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.001) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously, 3. Case No. 13-00047 — Violation of Section 110-468, Accessory Structures, of the Cit of Cape Canaveral Code of Ordinances, L625 Manatee Bay Dr.) — IRandal 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 Code revision was presented to the Planning & Zoning Board for approval and was denied. Officer Palmer stated that Staff has decided to forward the request to City Council for review. Craig Donceel, property owner, stated that Staff has reassessed the situation and will forward the request to the City Council for approval. Mr. Donceel requested additional time for the process. Code Enforcement Board Meeting Minutes August 21, 2014 Page 3 Officer Palmer respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until October 23, 2014 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150,00) for the first day and seventy-five dollars ($75.00) per day until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance and be given until October 23, 2014 to come into compliance or impose the 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 found in compliance. Vote on the motion carried unanimously. 4. 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 Markogjannakis, Property Owneic 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 stated that Staff met with the property owner to conduct a fixture count that would allow for a recalculation of the impact fees, Officer Alexander notified Mr. Markogianinakis of the results of the calculation and' he has agreed to pay the impact fees, Officer Alexander explained that the property owner was out of the country and would not be able to attend the meeting; therefore, he requested additional time. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Board Order, and be given until September 18, 2014 to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($1510.00) for the first day and seventy-five dollars ($75,00) per day thereafter until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in non-compliance and be given until September 18, 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 found in compliance. Vote on the motion carried unanimously. 5. Case No. 13-00092 — 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, (409 Madison Ave. Unit 0-102) — Rita Corbett, Property Owner. Code Enforcement Officer Brian Palmer testified that the Respondent has reinstated the expired permit and' has an inspection scheduled to close the permit; therefore, Mr. Palmer requested that the item be withdrawn from the agenda. Code Enforcement Board Meeting Minutes August 21, 2014 Page 4 6. Case No. 12-00012 — Application for Satisfaction or Release of Code Enforcement Lie -n., (201-203-205 Jefferson Ave)—,Mustapha Khan, 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 was for the condition of the roof. Officer Alexander stated that on February 20, 2014 the Code Enforcement Board entered an Order Imposing Penalty against the above -referenced property in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day until the violation is corrected and full compliance is confirmed. During the period of non-compliance the property was owned by Dolores G. Nagel, Officer Alexander stated that on April 25, 2014 the property was purchased by Mr. Mustapha Khan. She further stated that Mr. Khan brought the property into compliance on May 9, 2014 at which time the lien stopped accruing and the total fine is five thousand nine hundred and twenty-five dollars ($5,925.,00). Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of five thousand nine hundred and twenty-five dollars ($5,925.00) to four thousand seven hundred and forty dollars ($4,740.00). She explained that the reduced amount would adequately compensate the costs of the enforcement of the violation and the blighting effect on the community, Mustapha Khan, the new property owner, testified that he has recently purchased the property in a public sale and was not aware of the outstanding lien until the closing. He stated that he obtained a permit to replace the roof and immediately brought the property into compliance. Mr. Khan further stated that the property would be for his personal use and requested a reduction of the lien. The Board asked for a calculation of actual Staff costs for the enforcement of the violations. Officer Alexander stated that she has not calculated the "actual cost". Assistant City Attorney Kimberly Kopp advised the Board that they could make a recommendation to Council that the lien be reduced to Staff's actual cost of the enforcement of the violation and Staff could calculate the number prior to the City Council meeting. Motion by Chairperson Russell, seconded by Mr. Hale, to recommend that Council reduce the lien in the amount of five thousand nine hundred and twenty-five dollars ($5,925.00) to Staff's actual cost of the enforcement of the violations. Vote on the motion carried unanimously, 7. Case No, 11 -00040 — Application for Satisfaction or Release of Code Enforcement Lien, (8652 N. Atlantic Ave.) — Linda Ward, 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 was for the exterior condition of the property. Code Enforcement Board Meeting Minutes August 21, 2014 Page 5 Officer Alexander stated that on September 22, 2011 the Code Enforcement Board entered an Order Imposing Penalty against the above -referenced property lin the amount of two hundred fifty dollars ($250,100) for the first day and one hundred dollars ($100.00) per day until the violation is corrected and full compliance is confirmed. During the period of non-compliance the property was owned by Linda Ward. Officer Alexander stated that on November 7, 2013 the property was brought into compliance. The lien stopped accruing and the total fine is seventy-seven thousand eight hundred and fifty dollars ($77,850.00). Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the amount of seventy-seven thousand eight hundred and fifty dollars ($77,850,.00) to ten thousand dollars ($10,000.00). She explained that the reduced amount would adequately compensate the costs of the enforcement of the violation and the blighting effect on the community. Linda Ward, property owner, testified that she was not aware that she was still the property owner. She explained that the property was in foreclosure and she filed for bankruptcy in 2009 and was told by Iher attorney that the property was no longer her responsibility. Ms. Ward stated that when she was notified that she was still the property owner and of the violations, she corrected the Tissues and brought the property into compliance on November 7, 2013. John Cluen stated that he is currently in negotiations with the mortgage holder and have settled on a price; however, one, of the conditions of the closing is the reduction of the lien, Mr. Cluen further stated that his real estate agent notified him that this was the first step, Motion by Mr. Lotspeich, seconded by Mr. Hale, to recommend' that Council reduce the lien in the amount of seventy-seven thousand eight hundred and fifty dollars ($77,850.00) to ten thousand dollars ($10,000.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 6:58 RK Approved on, this qday of 2014. Mary RV�sell, Chairperson Joy Lombardi, and Secretary 7'q f