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Home My WebLink AboutCEB Agenda Pkt. 2-18-2016 r ' CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA February 18, 2016 6:00 PM CALL TO ORDER ROLL CALL: Establish Next Meeting Date: March 17, 2016 NEW BUSINESS: 1. Approval of Meeting Minutes: December 17, 2015 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. (c)Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements: (i) Chairmanships. Each board and committee shall be responsible to elect, by majority vote of the members of each board or committee, a chairperson and vice-chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elections at their first regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or vice- chairperson. All meetings shall be as regularly scheduled and at the call of the chair and at such other times as a majority of the members of any board or committee may determine. 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 Agenda February 18, 2016 Page 2 PUBLIC HEARINGS: None OLD BUSINESS: 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. 2 • City of Cape Canaveral Ea;:44 11011 Community Development Department CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA • THE CITY OF CAPE CANAVERAL, Case #2015-66 - A Florida municipal corporation, Complainant, v. Notary, Michael M. Owner of the property located at: 7090 North Atlantic Ave, Cape Canaveral, FL 32920 LEGAL:AVON BY THE SEA,LOTS 1,2&3 BLK 65,P.B.3,PG.7 PARCEL ID:24-37-23-CG-00065.0-0001.00 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on December 17, 2015, to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, exists or existed upon the Property and was further provided a reasonable time to correct said violation; 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone(321) 868-1222 —Fax (321) 868-1247 Case # 15-66 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, 5. That said violation(s) exist(s) or existed within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until February 18, 2016, to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, the Code Enforcement Officer shall schedule a compliance hearing before the Code Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear and present evidence as to the status of the violation on the Property. Upon a finding by the Code Enforcement Board that the Property remains in violation, a fine will be immediately entered upon a filing of a Notice of Non-Compliance by the Code Enforcement Officer, in the amount of seventy-five dollars ($75.00)for the first day and twenty-five dollars ($25.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s)an opportunity to correct such violation(s)and that the Code Enforcement Board, upon finding such repeat violation(s)exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is/are found to exist. 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. • Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 -----•--. _:a_._r....�____--_-._._..1 _--" - _--_:1. L_r_/l_:a'"r ------•-1 ---- Case # 15-66 DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of December, 2015. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA • / 4 le414-eg_ Mary Ru -ll, Chairperson Copies furnished to: Notary, Michael M. Respondent City of Cape Canaveral, Case File Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 Fax (321) 868-1247 unx,u, ritunfranPranawPral tyro P-moil• • CITY 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 1. 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. Motion by Mr. Hale, seconded by Mr. Viens, to find the respondent not in compliance. Vote on the motion carried unanimously. 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 Paying 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 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 Code Enforcement Board Meeting Minutes December 17, 2015 Page 4 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 Staff's 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. Approved on this day of , 2016. Mary Russell, Chairperson Cindy Gregson, Board Secretary