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Home My WebLink Aboutcocc_ceb_minutes_20180118CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES January 18, 2018 A Regular Meeting of the Code Enforcement Board was held on January 18, 2018, in the Cape Canaveral Public Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Walter Godfrey Jr. Vice Chairperson Christopher Cloney James Hale Charles Hartley Paula Collins Inez Stone MEMBERS ABSENT None OTHERS PRESENT Jennifer Nix Brian Palmer Chris Robinson Michael German Patsy Huffinan Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Assistant City Attorney Nix swore in all persons giving testimony. Board members established the next meeting would be on February 22, 2018. NEW BUSINESS: 1. Approval of Meeting Minutes —August 17 2017 Motion by Mr. Cloney, seconded by Mr. Godfrey to approve the Meeting Minutes of August 17, 2017. Vote on the motion carried unanimously. PUBLIC HEARINGS: Case No. 2016-101 — Violation of Section 34-96 (d) Standards established,• Section 34- 97, (a), (1) Duties and responsibilities for maintenance; Section 34-98, (4) (6), Building appearance and maintenance,• of the Citv Code of Ordinances; and Section 302.1 Sanitation: Section 303.1 Code Enforcement Board Meeting Minutes January 18, 2018 General; Section 108.1 General; Section 108.1.1 Unsafe structures, as adopted by Section 82-221, of the Cit o� f Cape Canaveral Code of Ordinances. (116-118 Tyler Ave) -Kimberly N. La Roche. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits for the Board's review. Officer Palmer testified that the Case was tabled to a future meeting with stipulations. Officer Palmer explained the timeline leading to the second meeting. Rita Morgan Misodoulakis was present on behalf of the property owner and gave testimony that she was in compliance with most of the stipulations, but needed more time to come into complete compliance. Assistant City Attorney Nix asked for clarification regarding violations. Board Members questioned Officer Palmer regarding condition of property and property being inhabited. Ric Hooton, Janet Mitchell and Chester Lovel were sworn in and gave testimony. Officer Palmer stated nothing was being presented in reference to how a fire on the property was started for the record. Assistant City Attorney Nix clarified for the Board the violations to be considered are not to include whether the property is being inhabited despite testimony being presented. Based on the evidence and testimony presented at the hearing, Staff respectfully requested the Code Enforcement Board find the Respondent(s), in violation, as set forth in the Notice of Violation and a fine be immediately imposed in the amount of $100.00 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. Board Members asked for clarification regarding which violations should be addressed in order to come into compliance. Assistant City Attorney Nix interjected to give the Board direction and asked Officer Palmer to clarify his testimony regarding the violation and how it applied to his recommendation in regards to compliance. Motion by Mr. Godfrey, seconded by Mr. Hartley to accept Staff s recommendation. Vote on the motion carried unanimously. 2. Case No. 2017-153 - Violation of Section 102-38, (a) (b) M -Enforcement and penalties; Section 102-39, (a) Permits: of the City Code of Ordinances. (Part Of S 210 Ft of Sw V4 Of Sw '/ W Of Old St Rd 401 As Desc In Orb 3609 Pg 4534 & S 210 Ft Of Sw '/ Of Sw '/ W Of N Atlantic Ave Exc Orb 3609 Pg 4534, 4434,4328 Pg 3853, 7621 Pg 1480 & Rd R/W) Franklin D. Hardaway Trustee; William Geiger Trustee. Code Enforcement Board Meeting Minutes January 18, 2018 Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits for the Board's review. The property is a vacant lot and in violation for failure to obtain the necessary building permit for tree removal/land clearing. Exhibit A — Tree Evaluation — Field Inspection Reports for two (2) trees was submitted and entered into record. Luis Carreja attorney and representative for property owner presented evidence and testimony. Mr. Carreja called Zachary Curtis as his first witness. Mr. Curtis gave testimony to include his company was hired to remove invasive plants; his experience; need to obtain a permit; types of machinery and what, if any, trees were removed/damaged on the property. Board Members inquired to his certifications and to describe the type of machinery he used to remove invasive plants as compared to some other equipment. Bill Geiger, property owner, was sworn in and gave testimony to include proposed project for the property. Bob Scales, Contractor/Developer for the proposed project for the site gave testimony regarding preserving trees to incorporate into the Site plan. No land clearing was requested or performed to his knowledge. Exhibit B-1 & B-2 - photos of the property prior to work performed were submitted into record. City Arborist Tim Davis gave testimony regarding his report. Based on the evidence and testimony presented at this hearing, Staff respectfully requests that the Code Enforcement Board find the respondent(s), 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 $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. Discussion ensued between Board Members, Staff and Assistant City Attorney to include land clearing vs mowing, clarification of fines and if a permit was necessary. A motion was made by Mrs. Russell to have property owner pay the fine for two trees at $250.00 each for a total of 500.00 and disregard the request for $4200.00, which included a fine for land clearing. No second was received. Motion by Mr. Hartley, seconded by Mr. Cloney to find the property owner in violation. Pay $250.00 per tree for a total of $500.00 and be given one week to obtain a permit or be fined $100.00 for the first day and $25.00 every day thereafter after being notified permit is ready for issuance. Vote on the motion carried unanimously. Case No. 2017-168 - Violation of Section 34-96 Standards established; Section 82-121, (d) Maintenance requirements; Sections 110-582 Swimming pool barriers: of City ode of Ordnances• Florida Statutes Ch. 515.29 Residential swimming pool barrier requirements; as adopted by Chilpter 82 of the City of Cgpe Canaveral Code of Ordinances (210 Harrison Ave.) Rebecca Neely. Code Enforcement Board Meeting Minutes January 18, 2018 Code Enforcement Officer Chris Robinson provided an overview of the Case history and presented exhibits for the Board's review. Repairs have been made and is now in compliance. No one representing the property was present. Officer Robinson requested that the owner be found in violation due to this was the third response before coming into compliance. Officer Palmer explained there was a life safety issue regarding the pool. Discussion ensued to include violation vs compliance, fines; period of time to come into compliance; process involved to prepare, give notice and bring the case before the Board in addition to public safety issues. Assistant City Attorney Nix offered the following for clarification of Staff's request as it pertained to the Code: I move to find that Respondent violated the City Code and failed to correct the violation by the time specified for correction by the Code Inspector; that the violation is currently corrected and that no fine be imposed. Any subsequent violation of the same City Code provision(s) by Respondents within five years from the date of this order shall be considered a repeat violation, for which a fine of up to $500.00 per day may be imposed. Motion by Mrs. Russell, seconded by Mr. Cloney. Vote on the motion carried unanimously. ADJOURNMENT: Meeting adjourned at 8:38 p.m. a Approved on this 3 od// Y of G`Lt �� , 2018. Pi � ` Mary u s ll, Chai erso Patsy Huffman, Board S 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