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Home My WebLink AboutCEB Minutes 11-20-2014CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES NOVEMBER 20, 2014 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on November 20, 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 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Raymond Viens Vice -Chairperson Christopher Cloney James Hale MEMBERS ABSENT Walter P. Godfrey, Jr. Ralph Lotspeich Lynn Mars OTHERS PRESENT Kimberly Kopp Assistant City Attorney Todd Morley Community & Economic Development Director Duree Alexander Code Enforcement Officer Brian Palmer Code Enforcement Officer Susan Juliano Board Secretary The Board members established that the next meeting would be held on December 18, 2014. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: September 18, 2014. Motion by Mr. Viens, seconded by Mr. Cloney, to approve the meeting minutes of September 18, 2014, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November20,2014 COMPLIANCE HEARINGS 2. Case No 13-00047 — Violation of Section 110-468, Accessory Structures, of the City of Cape Canaveral Code of Ordinances (625 Manatee Bay Dr.) — Randal 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 violation is for a structure encroaching onto Association Property. Officer Palmer respectfully requested that the Board find the Respondent in non-compliance of the Third (P) Amended Board Order, and be given until February 19, 2015 to come into compliance or a fine 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 until compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation be imposed. Motion by Mr. Viens, 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 a fine 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 until compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation be imposed. Vote on the motion carried unanimously. 3. Case No 14-00026 - Violation of Section 78-128 Change of Use; Section 78-121, Property Owner, Saigon Restaurant LLC do 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 explained that the property owner was out of the country and would not be able to attend the meeting; therefore, Staff is requesting the Respondent be granted additional time to comply. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Third (and) Amended Board Order and immediately impose a penalty 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; and all costs associated with the enforcement of the violation shall apply. Code Enforcement Board Meeting Minutes November 20, 2014 Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the Respondent in non-compliance, with the exception of allowing the Respondent until December 17, 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 compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. Vote on the motion carried unanimously. PUBLIC HEARINGS: 4. Case No 14-00005 — Violation of Section 301 3. Vacant Structures and Land: Section 3031 Exterior Structure General: Section 303.2, Protective Treatments: of The International Property Maintenance Code as adopted by Section 82-221. of the City of Cape Canaveral Code of Ordinances. (7304 Poinsetta Ave.) - Mid First Bank, Propertv 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 exterior property maintenance. Officer Alexander respectfully requested that the Board find the Respondent in violation and immediately impose 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 until compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. Motion by Mr. Viens, seconded by Mr. Hale, to accept Staffs recommendation and find the Respondent in violation and immediately impose 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 until compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation shall apply. 5. Case No 14-00074 — Violation of Section 34-96 Standards Established: Section 34-97, Property Owner. 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 violation is for property maintenance. The dumpster area has been closed pursuant to the City of Cape Canaveral Code of Ordinances. Property representative, Sheila Rewis stated they are receiving bids to start paving of the parking lot. Officer Palmer respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until January 22, 2015 to comply or a fine be imposed in the Code Enforcement Board Meeting Minutes November 20, 2014 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 and all costs associated with the enforcement of the violation shall apply. Motion by Mr. Viens, seconded by Mr. Cloney, to accept Staff's recommendation and find the Respondent in non-compliance and be given until January 22, 2015 to comply or a fine be 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 and all costs associated with the enforcement of the violation shall apply. Vote on the motion carried unanimously. 6. Case No 14-00076 — Violation of Section 34-97 Duties and Resvonsibilities for Central Blvd) — Port Hosvitality Group, Inc Bauaher, Robert A R A Property Owner. 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 violation is for property maintenance. Officer Palmer respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until January 22, 2015 to comply or a fine be 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 and all costs associated with the enforcement of the violation shall apply. Motion by Mr. Viens, seconded by Mr. Cloney, to accept Stafrs recommendation and find the Respondent in non-compliance and be given until January 22, 2015 to comply or a fine be 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 and all costs associated with the enforcement of the violation shall apply. Vote on the motion carried unanimously. OLD BUSINESS: 7. Case No. 10-00140 — Application for Satisfaction or Release of Code Enforcement Lien, (8713 Hibiscus Ct.) — Federal National Mortgage Association. 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 an unsafe structure. Officer Alexander stated a lien was filed against this property on 12/12/13, in the amount of two hundred and fifty dollars ($250.00) for the fast day and two hundred and fifty dollars ($250.00) Code Enforcement Board Meeting Minutes November 20, 2014 for everyday thereafter. The property was found in compliance on June 6, 2014. The total lien amount due is forty nine thousand, five hundred dollars ($49,500.00). Officer Alexander respectfully requested that the Board recommend to the City Council that the lien be reduced to thirty six thousand dollars ($36,000.00) based on the following: • The length of time that the violation was allowed to exist. • The lack of response from the property owner(s). • One or more prior liens have been placed against this property. • The violation was for hazardous and/or unsafe conditions which continued for six months or more. • The violation adversely affected an adjoining neighbor (leaking water, black mold and infestation). Motion by Mr. Viens, seconded by Mr. Hale to recommend that Council approve the lien reduction to thirty six thousand dollars ($36,000.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 7:35 p.m. Approved on this 2,Z day of s9t 4L�OneA , 2015 Rm lens, ice -Chairperson Susan Juliano, Boarf Secretary