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HomeMy WebLinkAboutCEB Minutes 04-21-2016CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES April 21, 2016 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 21, 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 Ralph Lotspeich MEMBERS ABSENT Walter P. Godfrey, Jr OTHERS PRESENT Jennifer Nix Duree Alexander Brian Palmer Michael German Cindy Gregson Karen Hutchinson Chairperson Vice -Chairperson Senior City Attorney Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Clerical Assistant Board members established the next meeting would be held on May 19, 2016. Senior City Attorney Jennifer Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Revised Meeting Minutes: December 17, 2015 Motion by Mr. Viens, seconded by Mr. Hale, to approve the revised meeting minutes of December 17, 2015. Vote on the motion carried unanimously. 2. Approval of Meeting Minutes: February 18. 2016 Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of February 18, 2016, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes Apri121, 2016 3. Interview & Recommendation to City Council Re: Potential Board Members Birchel Brown, Charles Hartley. Chairperson Russell introduced Mr. Charles Hartley to the Board, noting the other applicant, Mr. Birchel Brown, has withdrawn his application at this time. Mr. Charles Hartley addressed the Members and expressed his desire to serve on the Board stating he has knowledge/understanding of the workings of the Board. Chairperson Russell asked Mr. Hartley how long he has lived in Cape Canaveral; to which he replied, thirty-five (35) years. Motion by Mr. Viens, seconded by Mr. Hale, to recommend Mr. Charles Hartley to City Council for consideration to serve on the Code Enforcement Board. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: None PUBLIC HEARINGS: 1. Case No. 15-77 —Violation of Section 110-551, (a) (2) (a) (b) (d) (e) (i), Location of recreational vehicles, camping equipment, boats and boat trailers; Section 110-553, Living or residing in boats, utility trailers, recreational vehicles and special purpose vehicles; of the City of Cape Canaveral Code of Ordinances. (333 Madison Avenue) - Henry P Duffett. Chairperson Russell introduced Case No. 15-77 asking Board Members if there had been any Ex Parte communication with anyone regarding this Case, to which all Board Members replied no. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified the violation is for living in a recreational vehicle. Officer Palmer testified that he received a complaint from the Sheriffs Office regarding individuals living in an R.V. Officer Palmer conducted a site visit and was able to substantiate this complaint. On March 23, 2016 Mr. John Duffett contacted Staff and informed them he was taking over his father's properties. Officer Palmer stated that on April 4, 2016 the property owner was sent a Notice of Hearing. While the property owner was not present at the Hearing, Mr. Duffett informed Staff on April 19, 2016, he was initiating eviction procedures on the tenants who are residing on the property. Based on the evidence and testimony presented at this Hearing, Staff respectfully requested that the Code Enforcement Board find the Respondent(s) in violation, as set forth in the Notice of Violation and give the Respondent(s) until May 19, 2016 to come into compliance, or a fine be immediately imposed in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) for everyday thereafter until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of the violation be imposed. 2 Code Enforcement Board Meeting Minutes April 21, 2016 Motion by Mr. Cloney, seconded by Mr. Hale, to accept Staffs recommendation and find the Respondent in violation. Vote on the motion carried unanimously. 2. Case No. 16-81 - Violation of Section 82-31, Florida Building Code (FBC) Adopted; FBC Section 105. 1, Required permits; FBC Section 110. 1, General inspection(s); Section 94-78, (a) (b) (c) (e) (1) (2) - Electronic signs; of the City of Cape Canaveral Code of Ordinances. (6099 N. Atlantic Avenue) - Keenan Realtors, LLC, C/O Vincent E Keenan, R.A. & Costa Del Sol Condominium Association, Inc. C/O Timothy Pickles, R.A. Chairperson Russell introduced Case No. 16-81 asking Board Members if there had been any Ex Parte communication with anyone regarding this Case, to which all Board Members replied no. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified the violation is for work without the required permits and approved final inspection(s). Officer Alexander further testified that on January 7, 2016 a field inspection revealed an electronic sign was added to an existing ground sign with no record of a building permit. Mr. Vincent Keenan addressed the Board and asked for a one month extension to obtain the required building permit. Based on the evidence and testimony presented at this hearing, Staff respectfully requested that the Code Enforcement Board find the Respondent(s) in violation, as set forth in the Notice of Violation and give the Respondent(s) until May 19`h, 2016 to come into compliance, or a fine be immediately imposed in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) for everyday 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. Lotspeich, seconded by Mr. Viens, to accept Staffs recommendation and find the Respondent in violation. Vote on the motion carried unanimously. 3. Case No. 16-83 - Violation of Section 110-384, (1), Prohibited uses and structures; Section 70-68, (a) (b), Violation; penalty; Section 70-69, Receipt required; payment of tax prerequisite to issuance; Section 70-71, Engaging in business without paying the tax or making reports; of the City of Cape Canaveral Code of Ordinances. (191 Center Street) - MILS Realty, LLC, C/O Jim Morris, R.A. Chairperson Russell introduced Case No. 16-83 asking Board Members if there had been any Ex Parte communication with anyone regarding this Case, to which all Board Members replied yes. Angela Raymond, who was present and identified herself, had contacted all Board Members regarding this Case. 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 outside storage and lack of a Business Tax Receipt. Officer Alexander stated at the time of the 3 Code Enforcement Board Meeting Minutes April 21, 2016 Code Enforcement Board Meeting, the Respondent is in non-compliance due to the lack of the Business Tax Receipt which has been applied for and should take about one week to process. Bill Gowan, Director of Operations for Sea Ray, was present and addressed the Board, stating the testimony he heard was accurate. Mr. Gowan further stated Sea Ray wanted to be a good partner in the community. Based on the evidence and testimony presented at this hearing, Staff respectfully requested that the Code Enforcement Board find the Respondent(s) in violation, as set forth in the Notice of Violation and give the Respondent(s) until May 19, 2016 to come into compliance, or a fine be immediately imposed in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) for everyday 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. Lotspeich, seconded by Mr. Viens, to accept Staffs recommendation and find the Respondent in violation. Vote on the motion carried unanimously. 4. Case No. 16-87 - Violation of Section 82-31, Florida Building Code (FBC) Adopted; FBC Section 105. 1, Required permits; FBC Section 110.1, General inspection(s); of the City of Cape Canaveral Code of Ordinances. (225 Adams Avenue) - Christian F Bendix. Staff requested the Board make a motion for a continuance because the Respondent is out of the country. Motion by Chairperson Russell, seconded by Mr. Hale, to move this Case to a later date. Vote on the motion carried unanimously. OLD BUSINESS: None ADJOURNMENT: Chairperson Russell adjourned the meeting at 7:03 p.m. A Approved on this 16 day of , , 2016. usoll, Chairperson Board Secretary Pursuant t 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 wAh respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person ed 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. 2 Code Enforcement Board Meeting Minutes April 21, 2016 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 howl in adNance of the meeting.