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HomeMy WebLinkAboutCEB Minutes 12-17-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES December 17, 2015 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on December 17, 2015, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:59 pm by Chairperson Mary Russell. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Raymond Viens Vice -Chairperson James Hale Christopher Cloney MEMBERS ABSENT Walter P. Godfrey, Jr Ralph Lotspeich OTHERS PRESENT Kimberly Kopp Assistant City Attorney David Dickey Community Development Director Duree Alexander Code Enforcement Officer Brian Palmer Code Enforcement Officer Michael German Building Official Cindy Gregson Board Secretary Board members established the next meeting would be held on January 21, 2016. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. NEW BUSINESS: Approval of the October 22, 2015 meeting minutes. Motion by Raymond Viens, seconded by James Hale, to approve the Code Enforcement meeting minutes of October 22, 2015 as written. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: Code Enforcement Board Meeting Minutes December 17, 2015 Page 2 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- 221, of the City of Cape Canaveral Code of Ordinances (211 Caroline Street Unit B-8) — Palms East of Cape Canaveral, LLC, C/O Jeffery W. Wells R. A. Code Enforcement Officer Duree Alexander reported this case was brought into compliance with the respondent's submittal of a mold report prior to this Code Enforcement Board meeting. Therefore, no further action from the Board is required at this time. PUBLIC HEARINGS: 1. Case No. 15-66 — Violation of Section 105, Required Permits; Section 110 General Inspections; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7090 N Atlantic Avenue) — Michael M Notary ET AL. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified the violation was issued for work without a permit. Officer Palmer further testified that on July 1, 2015 Keith Notary entered the Building Department inquiring about the requirements for a permit, stating he wanted to erect a type of barrier around his parking area. Officer Palmer explained that Mr. Notary was referred to Building Official Mike German and Community Development Director David Dickey to discuss the type of barrier he wanted to erect: Mr. Notary was informed that poles with wire stretched between them to hold vines would not require a permit. Officer -Palmer went on to state that on August 4, 2015 Staff received a complaint about a fence that had been erected at 7090 N. Atlantic Avenue prompting a site visit by Officer Palmer where he observed, what appeared to be, a construction fence which had been installed around the parking area. On August 7, 2015 Mr. Notary'was contacted by the Community Development Director, and the Building Official, informing him the fence he had erected did not meet the standards they had agreed upon and he needed to remove it. During a site visit.conducted on October 8, 2015 the fence had still not been removed which prompted Officer Palmer to issue a Notice of Violation. On October 21, 2015, after Mr. Notary contacted the Building Department, an extension was granted at his request. Officer Palmer continued his testimony explaining that on December 16, 2015 Mr. Notary again met with Staff to discuss his options with regards to fencing his parking lot. During this discussion Mr. Notary stated he wanted to leave the poles and wire in place. Staff informed Mr. Notary he needed to remove the fence in order to bring the property into compliance. Officer Palmer then presented photos which showed the fencing at 7090 N. Atlantic Avenue as well as property boundary lines. Code Enforcement Board Meeting Minutes December 17, 2015 Page 3 Mr. Notary addressed the Board explaining his situation and why he wants to keep some type of barrier in place at 7090 N. Atlantic Avenue. Comments and concerns raised by Mr. Notary initiated an open discussion by several Board members. Board member Cloney questioned Officer Palmer regarding city ordinances as they relate to fencing and fencing materials. Following discussion, Officer Palmer requested that based on the evidence and testimony presented at this hearing, the Code Enforcement Board find the respondent(s) in violation, as set forth in the Notice of Violation and the respondent be given until January 21, 2016 to come into compliance or a fine be immediately imposed in the amount of $75.00 for the first day and $25.00 every day thereafter until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the violation be imposed. Following concerns raised by Mr. Hale and Mr. Viens, Board members recommended that Mr. Notary be given an extension until February 18, 2016, which differed from Code Enforcement Palmer's recommendation of January 21, 2016, to come into compliance. Mr. Hale made a motion to accept Staff's recommendation with the date changed to February 18, 2016. Motion was seconded by Mr. Viens and was unanimously approved by the Board. Mr. Notary was found in violation for work without a permit and given until February 18, 2016 to come into compliance or a fine be immediately imposed in the amount of $75.00 for the first day and $25.00 every day thereafter until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the violation be imposed. 2. Case No. 15-72 - Violation of Section 70-69, Receipt Required: Payment of Tax Prerequisite to Issuance; Section 70-71. Engaging in Business Without Paving Tax or Making Reports; Section 70-77, Separate Receipt Required for Each Business; Section 110-275, Prohibited Uses and Structures: Section 110-335 (1), Prohibited Uses and Structures; of the City of Cape Canaveral Code of Ordinances, (334 Holman Road & 6119 N Atlantic Avenue) Douglas C Wilson Trust C/O William T Taylor, Trustee. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits noting that currently the property has been found in compliance; however, Staff wanted to establish the violation in the event of future violations. Officer Alexander testified that on October 28, 2015 Staff received a complaint regarding tree removal activities which prompted a site visit where Staff observed a large amount of tree logs on the property with bark being removed. During this site visit Staff spoke with a representative in the office regarding the activities observed on the property and asked to see the Business Tax Receipt (BTR) for that location; however, one could not be provided. Staff then informed the individual of the BTR requirements. Officer Alexander explained that on October 30, 2015 a Revised Notice of Violation was issued to include the R-1 Zoning District regulations. During the case history overview, Officer Alexander showed aerial photographs and drawings to assist in defining zoning boundaries in the Holman Code Enforcement Board Meeting Minutes December 17, 2015 Page 4 Road area. Officer Alexander also reported to the Board that during this time period, Staff received numerous complaints from surrounding property owners regarding the delivery, shaving, and carving of logs on the site since the issuance of the Notice of Violation. Officer Alexander testified Staff had conducted numerous site inspections to the property and she presented photos substantiating her findings. On December 10, 2015 Staff met with Scott McCauley from Big Kahuna Tiki Huts, Inc., William T. Taylor, the Trustee for the Douglas C. Wilson Trust, and Kevin Mackey, Attorney for the Trust, to discuss the current operations. During this meeting it was requested all activities cease and the logs and other associated materials/equipment be removed from the property to' obtain compliance. Following a site visit on December 17, 2015, the respondents were found to be in compliance. Following Officer Alexander's testimony Kevin Mackey addressed the Board to explain that the property owner, in this case, is just the landlord and not the violator. Mr. Mackey also stated he was in discussion with other City Staff regarding a Special Exception. After a brief discussion by Mr. Mackey, Officer Alexander answered questions and addressed comments from the Board. Following discussion, Officer Alexander respectfully requested that based on the evidence and testimony presented at this hearing, the Code Enforcement Board find the respondent(s) in violation as stated in the Revised Notice of Violation and that no penalties be imposed at this time. Motion by Mary Russell, seconded by Raymond Viens, to accept Staffs recommendation and find the respondent not in compliance. Vote on the motion carried unanimously. OLD BUSINESS: CASES THAT HAVE BEEN BROUGHT INTO COMPLIANCE: None 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 verbatim 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 Americans with Disabilities Act: all interested parties may 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. ADJOURNMENT: The meeting was adjourned at 6:50 pm by Chairperson Mary Russell. Code Enforcement Board Meeting Minutes December 17, 2015 Page 5 Approved on this � ay of , 2016. 1, Chairperson Cindy Gr gson, Board Secretary i