HomeMy WebLinkAboutCEB Minutes 02-20-14CITY OFCAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
FEBRUARY 20.2O14
6:00 PM
A Haou|8[ Meeting of the Code EnfO[Ce[DHD\ Board of the [}Uv of Cape C8n8v8[8[ Florida was
held on February 20, 2014, in the Cape Canaveral Public Library Meeting ROODl @i201 Polk
AveDUe, Cape Canaveral, Florida.
Chairperson Mary RuS88U C8U8d the meeting toorder 810:OO PM. The Board Secretary called
the roll.
Mary Russell
Ray[OVDdVieOs
James Hale
Lynn Mars
VVoker Godfrey
R8|ph[0|SpeiCh
OTHERS PRESENT
Chairperson
Duree Alexander Code Enforcement Officer
Brian Palmer Code Enforcement Officer
Joy Lombardi Board Secretary
Kot8L@tor[H Assistant City Attorney
The Board members established that the next meeting would be held on March 20, 2014
Assistant City Attorney Latorre swore in all persons giving testimony.
Approval of Meeting Minutes: November 21, 2013.
K4OUon by Mc VieDS' SeCOOd8d by W1c H@|8, to approve the meeting minutes Of November 21,
2013, as written. Vote on the motion carried unanimously.
2. Interview Prospective Board Member, Jerry H. Aqtmaal.
J8rryAobn88| Ri8Led that he has been in the iDSU[8DC8 industry since 1980. His eXp8h8DcO
included being an insurance adjuster for various companies. He stated that he believes he
would beable t0give some insight onhow insurance relates tOthe Codes.
Code Enforcement Board
Meeting Minutes
February 20, 2014
Page
Mary Russell, Chairperson, asked the prospective Board K88nlb8[ hOvv long he has lived in
Cape Canaveral.
Mr. Aoi0aa|replied that hehas been inthe area since 2O1O.
Chairperson FlUSS8|| inquired about the Code Enforcement Board being K8[ AotrO@@|'s third
choice. Mr. Agt088| stated that he was DD the CoDStrUC1iOO Board of Appeals but wanted to be
more involved in the COnnnoUnitv.
Chairperson F<uSS8|| advised all 8pp|iC8OtS that, according to City Code, Members may not file 8
Coda Enforcement complaint against anyone.
Mr. AAtOl88| stated that he just wants to S8n/8 the CorOOnUDity and be 8 part Ofthe growth.
3. Interview Prospective Board Member, Christopher C. Cloney.
Christopher C|oDeystated that he is an attorney and has law office located in Cocoa Village.
H8further stated that he and his wife moved to Cape Canaveral eight years ago and he S8nxeS
on the {|VndonliniUnn Board vvhe[8 they reside. Mr. QOneyexp|oined that he is interested in
public safety, the 8ppe8r3DCH of the ConnrnUnitv. and he vv0u|d like b8Cnnne more involved in the
City.
Chairperson RuGSGU Stated that the Florida Sunshine L8vvS apply to all Code Enforcement
Board Members.
4. Interview P[Osr)8[tiv8 Board Member. Desmond A. VV8SSeU.
Desmond VV8sS8U stated that he has been visiting Cape C8n8V8[8| for the past eight years and
moved here full-time about 8year and 8half ago. Atthat time, hedecided toget involved iDthe
C0rnrnunitv SO he got involved in the church and he is a volunteer Chaplain at the Cape
Canaveral Hospital. He added that he was interested in doing more, Go he applied for several
of the vacant positions for Board Members. Mr. VV8SS8|| explained that he is unfamiliar with the
Codes but that hmiS8quick study. Hespent the first fifteen years ofhis career with the Military
Defense Department, seven years in the Pentagon, and was a HVOn8D Resource Executive for
the last fifteen years Ofhis career.
Mr. VVasSe|| explained that he went to the City website and read the Minutes from S8ve[8|
meetings to familiarize himself with the Code EOf0[CH08nt Board operations. He stated that he
found them interesting in that the decisions of the Board were clear and that there is sometimes
[00m for compromise and other times where the Board increased a fine to get the attention of
the Respondent.
Chairperson RUSSe|| explained that the Board can be flexible and gr8Ci0US if the Respondent is
trying to work with the Board but that they can increase 8 fine to get the attention Of 8
Respondent.
Mr. Wassell concluded bvsaying th8theiG|eve|-h88ded8Od|ikesiOvvnrkin8C0U8gi@|rn8nn8[.
Code Enforcement Board
Meeting K4inubao
February 20.2014
Page 3
5. Interview Prospective Board Member, John R. Florido.
John Fl0hdO stated that he is 8 deacon with the Christ LuUl8[3O Church. Hefurther stated that
he S8nxed in local government for twenty years. Mr. HOhdO has lived in Cape Canaveral for
fifteen months.
Mc F|OhdO explained that it is best that he withdraw his 8po|ioaUOn to serve OR the Code
Enforcement Board due b]the fact that there are three qualified candidates and only one sm8L
Mr. F|O[idO went on to say that he |Om3S the City and is willing to serve wherever there is 3 need;
including the planting [dsea oats.
Motion by Veins, s8CODd8d by M[ Hale, to reCOn0n08Dd three candidates to City Council for
consideration; excluding M[. F|OhdOwho withdrew his application. Vote On the motion C8[h8d
uDaOinnOUS|y.
0. 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 Enforcement Officer, [>Uree Alexander, provided an overview of the C8S8 history and
presented exhibits for the Board's review. Officer Alexander testified that the ViO|8tiDD is for the
condition of the roof. Officer Alexander stated that this Case was presented to the Board for
Compliance Hearings 0Dseveral occasions and was granted additional time. Officer Alexander
indicated that the bank is in the process of taking possession of the property.
Officer Alexander naaDeCtfU|k/ requested that the Board find the Respondent in DOn-COrnp|ianma
Of the Board Order and innp0SS the fine in the amount of one hundred and fifty dOU@[G ($150.00)
for the first day and seventy-five dollars ($75.00) per day until found in compliance.
Motion by K4[ VieDs. SeCODd8d by K8[. Hale, to 8CCeD| Staff's [ecD[OFOeDdatiOO and find the
Respondent in non-compliance and impose the fine in the 8noOUnt of one hundred and fifty
dollars /$15O.00\for the first day and seventy-five dollars ($75.00) per day thereafter until found
in compliance. Vote nnthe motion carried unanimously.
7. Case No. 12-00090 - 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, (280 Monroe Ave.) — Ronald H. & Christine
T. Lero, Property Owner.
Code Enforcement Officer, DUr8e Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the viO|8dOD is for
work without 8 permit. Officer Alexander stated that on April 10, 2013, 8 contractor obtained the
required permit. Officer Alexander further stated that the reDOV8tiOOS are progressing and the
contractor hos had several approved inspections which extended the expiration date of the
permit to January 20' 2014. The Building (]ffiCi8|. Glenn PereDo` granted an additional
extension of 30 days, therefVr8, the current expiration date is February 28, 2014.
Code Enforcement Board
Meeting Minutes
February 2O.2O14
Page
Officer Alexander GLai8d that Christine LerO' property ovvner, contacted her to request the C8S8
be heard at the next meeting due to the fact that she was not able to attend because of an
iUO8SS.
Officer Alexander respectfully requested that the Board find the Respondent in n0D-CDnOp|i8DDe
of the Board Order and iDlpOSS a fine in the amount of two hundred and fifty dO||8[s ($250.00)
for the first day and one hundred dollars ($1OU.00) per day thereafter until found incompliance.
Motion by Mr. VienS' S8CUDded by Mr. H8|H. to 8no8nd Staff's [ecVOlDOeDd@tiOn and find the
respondent in DOn-COnnp|i8nne and be given UnU| March 20` 2014 to come into COnnp|i8DCe Or
impose a fine in the amount of two hundred and fifty d0||onS /$25O.00\for the first day and one
hundred dollars /$100.00\ per day thereafter until found in COnnp|i8DCe. Vote DD the motion
carried UO8Oi[DOus|y.
O. Case No. 13-00057 - Violation of Section 34-122(a), Public Nuisances Prohibited, of the
(fity of Cape Canaveral Code of Ordinances; and 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, (7450 Maqnolia Ave.) —
Global Capital Partners LLC, c/o Michael H. Schnetzler, R.A..
Code Enforcement OffiCH[. Brian Palmer, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Palmer testified that he received 8 COnnp|8int
for an overgrown yard. He stated that site inspection r8v88|8d an overgrown yard and interior
renovations. Officer Palmer further stated that he contacted the property owner who informed
him that he no longer owned the property. Officer Palmer sent 8 revised Notice of Violation to
the new owner and has not had any contact. TOdate, 8permit has not been obtained.
Officer Palmer respectfully requested that the Board find the Respondent in DOO-CO0p|i8nC9 Of
the Board Order and inlp0S8 e fine in the amount nfone hundred and fifty dollars ($150.00) for
the first day and one hundred dollars ($1OO.0O)per day thereafter until found iOcompliance.
Motion by K4[ Vi8nS, seconded by Mr. Hale, to 8CCepi Staff's recommendation and find the
R8SpOOd9Ot in violation and impose 8 fine in the 8n0OUnt of one hundred and fifty dO||8[S
/$15O.00\for the first day and one hundred dO||8[S ($100.00) per day thereafter UnU| found in
CO0p}iRDC8. Vote OOthe motion carried Un8n{mOUS|y.
PUBLIC HEARINGS:
&. Case No. 13-00048 - 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, (7101 Ridgewood Ave., Unit 105) — Victor
A. Fera Jr. & Lillian R. Fera, Property Owners.
Code Enforcement Officer, Bh8D Palmer, provided an overview Of the C8S8 history and
presented exhibits for the Board's review. {]ffiC8[ Palmer testified that the violation is for work
without 8 permit. {]ffiCH[ Palmer stated that permit had been obtained; however the permit
expired OO [}8C9rOber 25' 2013. Officer Palmer further stated that OO February 14. 2014. the
cODtn8CtOr reinstated the permit and has 30 days for the inspection.
Code Enforcement Board
Meeting Minutes
February 20'2O14
Page
Officer Palmer respectfully requested that the Board find the Respondent inviolation OfSection
105.1. Permit Required; 8eCU0D 110.1. Inspections General, of the Florida Building {}Ode. as
adopted by Section 82-31' of the City of Cape Canaveral Code of Ordinances, and give the
Respondent until K4a[Ch 20, 2014 to come into compliance O[impose @fin8 in the amount of
one hundred and fifty dollars /$15O.00\for the first day and one hundred dollars ($100.00) per
day thereafter until found incompliance.
K4DdOD by K4[ VieDS. 8eCOOdHd by Mr. HG|e, to accept Staff's [eCo[OOleOdadoO and find the
respondent in violation and be given until March 20, 2014 to come into compliance or impose a
fine in the 8OlOuDt of one hundred and fifty dollars ($150.U0)for the first day and One hundred
do||8[S ($100.00) per day thereafter until found in compliance. Vote OD the motion C8[[i8d
uO8DiOoOUS|y.
10. Case No. 13-00063 - 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, (218 Johnson Ave.) — Joseph Ricca,
Property Owner.
Code Enforcement Officer, 0ur8HAlexander, provided anoverview Ofthe Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
work without 8permit. She further testified that ODJuly 1O.2013.the property was posted with
8 'Stop Work Order' by the Building Official.
Officer Alexander respectfully requested that the Board find the Respondent in violation Of
Section 105.1' Permit Required; Section 110.1. |nSpeCUOOS G8Der8|. of the Florida Building
Code, as adopted by 8eCUOn 82-31' of the City of Cape CGDGV8r8| Code of Ordinances and
impose @ fine in the amount of fifty dO||orG ($50.00) for the first day and twenty-five dollars
($25.0O) per day thereafter until found iOcompliance.
Motion by Mr. Vi8nG' seconded by YW[. H8|8. to 8D1Hnd Staff's FecO[O0eDdGti0D and find the
Respondent in violation and impose 8 fine in the amount of one hundred dO||8rS ($100.00) for
the first day and seventy-five dn||8rS /$75.00\ per day UOU| found in compliance. Vote on the
DlOtiOD carried uD8OinlOUS|y.
11. Case No. 13-00088 - Violation of Section 34-96(b)(d), Standards Established: and
Section 34-97(a)(1), Duties and Responsibilities for Maintenance; Section 34-99(l)(2),
Landscape Appearance and Maintenance; Section 34-122(a), Public Nuisances
Prohibited, of the City of Cape Canaveral Code of Ordinances, and Section 303.14,
Window, Skylight and Door Frames; Section 705.5, Smoke Detectors, of the
International Property Maintenance Code (1998 edition), as adopted by Section 82-221,
of the City of Cape Canaveral Code of Ordinances (308 Lincoln Ave) — Matricia D. &
Alphonso Jenkins 111, Property Owners.
Code Enforcement Officer, Brian Palmer, testified that this Case i8incompliance.
Code Enforcement Board
Meeting K8inubso
February 20.2O14
Page 6
12. Case No. 10-00075 — Application for Satisfaction or Release of Code Enforcement Lien,
(7523 Magnolia Ave.) —Robert Thornton, Property Owner.
Code EDh][Cem8Dt Officer, [}u[e8/UOx8Dde[ provided on overview Ofthe Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation was for
the exterior condition ofthe property. Officer Alexander stated that ODApril 21.2O11the Code
Enforcement Board 8D08[8d an Order |DlpDSiDg Penalty against the above -referenced property
in the amount of one hundred fifty dO||8rS ($15O.0O) for the first day and one hundred dO||8[S
/$1OO.0O\per day until the violation i8corrected and full compliance is confirmed. During the
period ofnon-compliance the unit was owned byRandy Ku00ed*|dt.
Officer Alexander stated that on November 21. 2013 the property was brought into COnnp|i8nCe.
The lien stopped accruing and the total fine is ninety-four thousand five hundred and fifty dollars
($94'550.00).
Officer Alexander respectfully requested that the Board recommend to the City Council the
reduction of the lien in the amount of ninety-four thousand five hundred and fifty d0||8rS
($S4,55U.00)toten thousand dollars ($1O,OUU.00).
Robert Thornton, the new property owner, testified that he has recently purchased this property
and is interested in relocating to Cape Canaveral. He stated that he obtained 8 permit and is
currently in the pn]CeSS of putting OD @ new roof and bringing the property up to Code. Mr.
ThO[OtOD further stated that he considers this property jewel, due to the |OC8tiOD' and will
maintain it.
Motion by Mr. Hale, seconded by Mc VieOS, to recommend that Council reduce the lien in the
8nnoUnd of ninety-four thousand five hundred and fifty dO||8rS ($04'550.00} to ten thOUGGOd
dollars ($10,000.00). Vote Vnthe motion carried unanimously.
13. Case No. 13-00033 — Application for Satisfaction or Release of Code Enforcement Lien,
(107 Anchorage Ave.) — Sea Spray Condominium Assoc., Property Owner.
Code Enforcement Officer, E}h8n Palmer, provided an overview of the C8S8 history and
presented exhibits for the Board's review. Officer Palmer testified that the violation was for the
condition Ofthe fence. Officer Palmer stated that oOJuly 18'2O13the Code Enforcement Board
entered an [}rd8[ Imposing Penalty against the above -referenced property in the amount of
seventy-five d0||8rS /$75.00\for the first day and twenty-five dollars ($25.00) per day until the
violation iScorrected and full C00p|i8DCO is confirmed.
Officer Palmer stated that on November 21, 2013 the property was brought into cO[np|i@OC8.
The lien stopped accruing and the total fine is three thousand two hundred dollars ($3,200.00).
Officer Palmer submitted a letter from Lisa Durgin, property nn8n8g8[' which stated that, due to
|@Ck of communication from the previous property nnoO3g8r, they were Un8vv8re of the violation
and 8 lien was filed on the property. She further stated that as soon as it was brought to her
8tt8DUDO the repairs were O08d8 and the property was immediately brought into CVrnp|i8Dc9.
MS. Durgin requested 8 reduction in the lien 8noOUDt.
Code Enforcement Board
Meeting Minutes
February 20, 2014
Page 7
Officer Palmer respectfully requested that the Board recommend to the City Council the
reduction of the lien in the amount of three thousand two hundred dollars ($3,200.00) to one
thousand six hundred dollars ($1,600.00).
Motion by Mr. Viens, seconded by Mr. Hale, to recommend that Council reduce the lien in the
amount of three thousand two hundred dollars ($3,200.00) to one thousand six hundred dollars
($1,600.00). Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 7:35 P.M.
4"1 1
Approved on this /7"-d'ay of &' AI'IJ 2014.
�Aa
Mary Rus 11, Chairperson
ell, -------
Joy Lombardi, Board Secretary