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HomeMy WebLinkAboutCEB Minutes 02-18-2016CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES February 18, 2016 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 18, 2016 in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:58 pm by Chairperson Mary Russell. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens Christopher Cloney James Hale Chairperson Vice -Chairperson MEMBERS ABSENT Walter P. Godfrey, Jr Ralph Lotspeich OTHERS PRESENT Jennifer Nix Assistant City Attorney Brian Palmer Code Enforcement Officer Michael German Building Official Cindy Gregson Board Secretary Chairperson Russell introduced Jen Nix who will be the Board Attorney moving forward. Board members established the next meeting would be held on March 24, 2016. Senior City Attorney Jennifer Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of the December 17, 2015 Meeting Minutes. Chairperson Russell asked the Board for any corrections or adjustments to the minutes. Board Member Cloney requested clarification as it was his impression that Mr. Notary was to be given until February 18, 2016 to come into compliance and was the date part of a motion rather than a recommendation. Senior Attorney Nix confirmed that was what was stated in the Order. Senior Attorney Nix proposed the Board could approve the Minutes with the addition of the date of February 18, 2016 subject to confirmation by the Board Secretary. Chairperson Russell agreed and called for a vote to accept the Minutes with the correction as noted. Code Enforcement Board Meeting Minutes February 18, 2016 Motion by Mr. Cloney, seconded by Mr. Hale, to approve the Code Enforcement Meeting Minutes of December 17, 2015, with the correction as noted. Vote on the motion carried unanimously. Chairperson Russell clarified the Board voted to accept the correction. The Board now needed to vote on the approval of the Minutes. Motion by Mr. Viens, seconded by Mr. Hale, to approve the Code Enforcement meeting minutes of December 17, 2015, with the correction as noted. Vote on the motion carried unanimously. 2. Election of Board Chairpersons in compliance with the following section: ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS, DIVISION 1. — GENERALLY, Sec. 2-1471, (c), (i) - Uniform procedures and requirements. Motion by Mr. Viens, seconded by Mr. Cloney, to nominate Mary Russell as Chairperson. Vote on the motions carried unanimously. Motion by Mr. Hale, seconded by Mr. Cloney, to nominate Raymond Viens as Vice -Chairperson. Vote on the motions carried unanimously. COMPLIANCE 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 that the violation is for performing work without a permit. Mr. Notary appeared before the Code Enforcement Board on December 17, 2015 and gave him until February 18, 2016 to bring the property into compliance. Keith Notary addressed the Board stating he had removed the mesh fence back in January and believed this would make him compliant. He requested he be allowed to retain the vertical elements of his fence, including plants, which would help keep people from using his parking lot for deliveries. Mr. Notary questioned the Board regarding what constitutes a fence. Board members asked Officer Palmer to respond. Officer Palmer reminded the Board of his recommendation for the Notice of Violation and what was needed to bring this property into compliance, which is to remove the fence. Officer Palmer defined the term fence and presented photographs of fences found on the internet, which he then compared to pictures of the fence found on Mr. Notary's property. Mr. Notary addressed the Board further to express what he wanted to accomplish with a barrier and asked for recommendations from the Board. Senior Attorney Nix reminded the Board and Mr. Notary that the purpose of the meeting was to establish if, as of February 18, 2016, the 2 Code Enforcement Board Meeting Minutes February 18, 2016 property is in compliance or not and any other information needed from the Building Official or Staff should occur at another time, outside of the meeting. Officer Palmer respectfully requested that the Board find the Respondent(s) in non-compliance of the Order imposing penalty on first violation and a fine be immediately imposed in the amount of $75.00 for the first day and $25.00 every day thereafter until found in compliance. Attorney Nix counseled the Board that there is a procedure where if compliance is obtained, Mr. Notary can apply for a satisfaction or a reduction of the lien. Motion by Mrs. Russell, seconded by Mr. Viens, to accept Staffs recommendation and find the Respondent in non-compliance and a fine of $75.00 be imposed for February 18, 2016 and $25.00 for every day thereafter until the fence is removed and Respondent has contacted Staff. Chairperson Russell called for the vote with Board member Cloney as the only dissenting vote. Chairperson Russell reminded Mr. Notary to contact Mr. German or Officer Palmer advising them when he was in compliance. She further reminded Mr. Notary the fine was $75.00 for February 18, 2016 and $25.00 for every day thereafter until the property is brought into compliance. PUBLIC HEARINGS: None OLD BUSINESS: None ADJOURNMENT: Mary Russell adjourned the meeting at 6:52 p.m. zf Approved on this—day of C� , 2016. Yazy Ru 11,CKirperson Cindy 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 3 Code Enforcement Board Meeting Minutes February 18, 2016 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. 4