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Home My WebLink AboutCEB Minutes 5-19-2016 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES May 19, 2016 A Regular Meeting of the Code Enforcement Board was held on May 19,2016,at Cape Canaveral Public Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 5:57 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Ralph Lotspeich Christopher Cloney Walter P. Godfrey,Jr James Hale Charles Hartley MEMBERS ABSENT None OTHERS PRESENT Jennifer Nix Senior City Attorney Duree Alexander Code Enforcement Officer Brian Palmer Code Enforcement Officer Cindy Gregson Board Secretary Karen Hutchinson Clerk Mike German Building Official Board members established the next meeting would be on June 23, 2016. Senior City Attorney Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes - April 21, 2016. Motion by Mr. Godfrey, seconded by Mr. Cloney, to approve the meeting Minutes of April 21, 2016. Vote on the motion carried unanimously. 2. Election of Vice Chairperson in compliance with the following Section: ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS, DIVISION 1.- GENERALLY, :GENERALLY,Sec.2-171, (c), (i)- Uniform procedures and requirements. Motion by Mr. Hale,seconded by Mr. Cloney to nominate Ralph Lotspeich as Vice Chairperson. Vote on the motion carried unanimously. 1 Code Enforcement Board Meeting Minutes May 19, 2016 COMPLIANCE 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. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that the case was presented to the Code Enforcement Board on April 21, 2016, and the property owner was found in violation and given until May 19, 2016, to come into compliance. Mr. Duffett contacted staff and stated he had given the individuals residing on his property a three-day notice to vacate the property and that he had started the eviction process with the Courts. He stated the individual residing in the recreational vehicle informed him they would be leaving by May 14, 2016, and the individual in the house would be leaving by the end of the month. Discussion ensued regarding number of occupants currently residing on the property and the current residence of the property owner. Staff testified that they would continue to monitor the property on a daily basis to see if occupants were indeed vacating the property. Senior City Attorney Nix interjected to remind the Board of their role to determine whether the owner is compliant or not. Based on the evidence and testimony presented, Staff respectfully requested the Respondent(s)be found in violation as set forth in the Board Order and given until June 23, 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. Motion by Mr. Godfrey, seconded by Mr. Hale to accept Staff's recommendation and find the Respondent not in compliance. Vote on the motion carried unanimously. 2. Case No. 16-81 - Violation of Section 105.1 Required Permit(s); Section 110.1, General Inspection(s) of the Florida Building Code as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances. Violation—Work without the required Permits and Approved Final Inspection(s). (6099 N. Atlantic Avenue) - Keenan Realtors, LLC, C/O Vincent E. Keenan, R.A. &Costa Del Sol. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. 2 Code Enforcement Board Meeting Minutes May 19,2016 Officer Alexander testified that the case was presented to Code Enforcement Board on April 21, 2016, and the respondent was found in violation and given until May 19, 2016, to come into compliance. On April 26, 2016, Staff met with Mr. Keenan and Art-Kraft to discuss compliance. Mr. Keenan indicated he would apply for the appropriate permit. Mr. Keenan testified that preliminary engineer drawings were submitted to the Building Department and requested a 60-day extension to submit additional documentation to obtain a permit. Based on the evidence and testimony presented, Staff respectfully requests the Respondent(S) be found in non-compliance with the Order Imposing Penalty on first violation and granted until July 21, 2016, to comply, or upon a properly noticed Compliance Hearing, a fine shall be imposed in the amount of one-hundred dollars ($100.00) for the first day of non-compliance and seventy-five dollars ($75.00) for everyday thereafter until such time as compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement shall apply. Senior Attorney Nix gave further instruction to Board Members to consider the item presented only. Motion by Mr. Lotspeich, seconded by Mr. Godfrey to accept Staff's recommendation. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 16-85 - Violation of Section 601.2, Responsibility; Section 603.1 Mechanical equipment, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (720 Beach Park Lane)— Joseph N&Diane Robillard,H/W. &Villages of Seaport Condominium Association. Inc.CIO Russell E Klemm, R.A. Officer Alexander testified that the case was in compliance. OLD BUSINESS: 1. 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 City of Cape Canaveral Code of Ordinances. (191 Center Street) - MILS Realty, LLC, C/O Jim Morris, R.A. Officer Alexander testified that the case was in compliance. 3 Code Enforcement Board Meeting Minutes May 19,2016 ADJOURNMENT: Meeting adjourned at 7:53 p.m. 0Approved on this �I—day of , 2016. e ary Rus 11, Chairperson Patsy Huffinan, (typed minutes) (Please note: This meeting was recorded by Cindy Gregson, who was the Board Secretary at the time the minutes were recorded,but was no longer affilited with the City by the time these minutes were prepared). 4 Code Enforcement Board Meeting Minutes May 19,2016 ADJOURNMENT: Meeting adjourned at 7:53 p.m. Approved on this /(day of , 2016. / 11 , k , , ary ' . 11, Chairperson Nab- C frabh. Patsy Huffman, (typed mi utes) (Please note: This meeting was recorded by Cindy Gregson, who was the Board Secretary at the time the minutes were recorded,but was no longer affilited with the City by the time these minutes were prepared). 4