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Home My WebLink AboutCEB Minutes 8-18-2016I CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES August 18, 2016 A Regular Meeting of the Code Enforcement Board was held on August 18, 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 Vice Chairperson Christopher Cloney Walter P. Godfrey, Jr James Hale Charles Hartley MEMBERS ABSENT None OTHERS PRESENT Anthony Garganese City Attorney Jennifer Nix Senior City Attorney Duree Alexander Code Enforcement Officer Brian Palmer Code Enforcement Officer Patsy Huffinan Senior Secretary Ginger Wright Board Secretary Senior City Attorney Nix swore in all persons giving testimony. Board members established the next meeting would be on September 22, 2016. NEW BUSINESS: 1. Approval of Meeting Minutes — May 19, 2016. Motion by Mr. Godfrey, seconded by Mr. Hale to approve the meeting Minutes of May 19, 2016. Vote on the motion carried unanimously. 2. Interview & Recommendation to City Council Re: Potential Board Member Paula Collins. Discussion ensued to include length of time Ms. Collins has lived in Cape Canaveral; reason for applying to Code Enforcement Board; previously volunteering on the City's Board of Adjustment Code Enforcement Board Meeting Minutes August 18, 2016 20 plus years; retirement from Cape Canaveral Air Force Station as an Administrative Assistant after 25 years and Board Members expressed gratitude that she applied. Motion by Mr. Godfrey, seconded by Mr. Hale to recommend to City Council the appointment of Paula Collins to fill the Code Enforcement Board vacancy. Vote on the motion carried unanimously. 3. Senior City Attorney Jennifer Nix to review Ordinance No. 01-2016, application for Satisfaction or Release of Code Enforcement Liens Procedures. City Attorney Anthony Garganese spoke in lieu of Jennifer Nix. He stated in May 2016, City Council modified the procedure for lien reductions and satisfaction of liens. In the past, these matters were considered by City Council. The new Ordinance now delegates the authority to Code Enforcement Board. City Council can review the decision if appealed. Mr. Garganese explained the criteria/factors to consider. COMPLIANCE HEARINGS: 1. Case No. 16-81 - Violation of Section 105.1, Required permits; Section 110.1 General inspections(s); of the Florida Building Code, as adopted by Section 82.3 1, of the City of Cape Canaveral Code of Ordinances; 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 Timothy Pickles, R.A. Working without a permit. (In Compliance) Officer Alexander testified that the case was in compliance. PUBLIC HEARINGS: 1. Case No. 15-73 - Violation of Section 34-96, (a) (b) (d), Standards established; Section 34- 98, (4)(6), Building appearance and maintenance; Section 34-122, Public nuisances prohibited; of the City Code of Ordinances; and Section 303.7 Roofs and drainage; of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (305 Surf Drive) — Gerhardt Schmitz, Property Owner. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified a revised notice of violation was mailed on May 11, 2016. An Order to Appear was posted on the property on August 8, 2016. Staff received a complaint on October 28, 2015. After numerous attempts, Staff was able to view the rear of the property on October 29, 2015, from the adjoining properties. Staff attempted to contact the owner, unsuccessfully, and a door tag requesting the owner contact Code Enforcement was left. On November 4, 2015, after no response from owner, a Notice of Violation was issued. Code Enforcement Board Meeting Minutes August 18, 2016 On December 7, 2015, Staff met with owner to arrange a timeframe to become compliant and on January 8, 2016, Staff posted a Notice on property requesting owner contact office regarding timeframe. On January 13, 2016, owner contacted Staff indicating fence was repaired and hole in roof would be repaired within the week. Staff conducted a site visit, observed fence on east side of property was in need of further repair and a courtesy letter was mailed indicating such. The owner contacted Staff on February 10, 2016, stating fence work completed. Staff conducted a site visit and realized the roof was in greater need of repair and a permit would be required. Staff returned to property with Building Official and Community Development Director and observed further deterioration of property. A revised Notice of violation was sent indicating additional issues as well as stating fence was no longer an issue. Owner requested additional time to make repairs and was informed the request needed to be presented to the Code Enforcement Board. Mr. Schmitz gave testimony regarding the amount of damage to property, type of repairs made to roof, waiting to replace entire roof, suffering a current financial hardship; property has been "cleaned up;" trying to sell another property and no interior damage at this time. Based on the evidence and testimony presented at the hearing, Staff respectfully requested that the Code Enforcement Board find the Respondent in violation, as set forth in the revised notice of violation and a fine be immediately imposed in the amount of $100.00 for the first day and $50.00 everyday thereafter until compliance is confirmed by the Code Enforcement Officer and all costs associated with the enforcement of the violation be imposed. Senior Attorney Nix requested clarification for revised Notice of Violation to remove Sec. 34-122. — Public nuisances prohibited and gave Board Members direction pertaining to fines, extensions and timeframes for compliance. Respondent was given until February 22, 2017, to correct the violation(s) or a fine in the amount of $100.00 for the first day and $50.00 for everyday thereafter until compliance is confirmed. Motion by Mr. Lotspeich, seconded by Mr. Hale to accept Staff's recommendation. Vote on the motion carried unanimously. OLD BUSINESS: Case No. 10-115 - Application for Satisfaction or Release of Code Enforcement Lien, (209 Pierce Avenue, Unit D) - Deborah Carroll, Property Owner. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Staff testified that this Case was presented to Code Enforcement Board on May 19, 2011, and found in violation for not having water service. Ms. Carroll purchased the property on January 23, 2014, and brought the property into compliance on March 7, 2014. Mrs. Carroll testified. Code Enforcement Board Meeting Minutes August 18, 2016 Discussion ensued to include noting (by a Board Member) the property was purchased as an investment with the knowledge of the lien, which needed to be taken into consideration regarding any type of reduction. Based on the testimony presented at the hearing, Staff respectfully recommended that the current lien in the amount of one hundred two thousand two hundred fifty dollars ($102,250.00) be reduced to two thousand dollars ($2,000.00), which exceeds Staff costs for the enforcement of the violations(s). Motion by Mr. Godfrey, seconded by Mr. Lotspeich to accept Staff's recommendation. The motion carried 5-1 with voting as follows: Mr. Lotspeich, For; Mr. Cloney, For; Mr. Godfrey, For; Mr. Hale, For; Mr. Hartley, For and Mrs. Russell, Against. 2. Case No. 14-05 - Application for Satisfaction or Release of Code Enforcement Lien, (7304 Poinsetta Avenue) - Midfirst Bank Property Owner. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. On November 20, 2014, this case was presented to Code Enforcement Board and a lien was filed. Chris Curry, Attorney, testified there were challenges with this project from the beginning, such as inclement weather and property vandalism, which caused delays. Mr. Curry stated his client would accept Staff's recommendation. Based on the testimony presented at the hearing, Staff respectfully recommended that the current lien in the amount of fifty-two thousand five hundred and fifty dollars ($52,550.00) be reduced to five thousand dollars ($5,000.000), which exceeds Staff costs for the enforcement of the violation(s). Motion by Mr. Lotspeich, seconded by Mr. Godfrey to accept Staff's recommendation. Vote on the motion carried unanimously. ADJOURNMENT: Meeting adjourned at 7:46 p.m. R aC17 Approved on this day of Mary Russ 1, Chairperson Patsy Huffman, Senior Secretary (tyked minutes)