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HomeMy WebLinkAboutCEB Minutes 8-20-2015CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MI -MUTES August 20, 2015 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 20, 2015, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:01 pm by Chairperson Mary Russell. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Raymond Viens Vice -Chairperson Christopher Cloney Lynn Mars (Arrived at 6:12 pm) Walter P. Godfrey, Jr Ralph Lotspeich MEMBERS, ABSENT James Hale OTHERS, PRESENT Kimberly Kopp Duree Alexander Brian Palmer Michael German Cindy Gregson Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Board members established that the next meeting would be held on September 17, 2015. Assistant City Attorney Kimberly Kopp swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes, January 22, 2015 2. App,rovat of Meeting Minutes. June 1_8,_ 2015 Motion by Mr. Viens, seconded by Mr. Cloney, to approve the meeting Minutes of January 22, 2015, and June 18, 2015 as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes August 20, 2015 Page 2 COMPLIANCE HEARINGS: 1. Case No. 15-11 - Violation of Section 34-94 (b), Purpose; Section 34-96(a) (b) (d), Standards Established; Section 34-97 (a) (1) Duties and responsibilities for maintenance; of the City of Code of Ordinances, Violation of Section 301 General: Section 301.2 Responsibility; of The International Property Maintenance, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (246 Harbor Dr.) — Ernest F. Szapor, Property Owner. — In compliance. 1. Case No. 15-13 — Violation of Section 34-94, (b) Purpose; Section 34-96 (a) (b) (d) Standards established; Section 34-97 (a) (1) (2) (3) Duties and responsibilities for maintenance; Section 34-98 (4) (6) Building appearance and maintenance; Section 110-582 Swimming pool barriers; of City Code of Ordinances; Violation of Section 301 General; Section 301.2 Responsibility; Section 302 Exterior property areas; Section 302.1 Sanitation; Section 302.5 Rodent harborage; 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 that in January of 2015 the city received a complaint regarding the condition of property located at 305 Surf Drive, A site visit was conducted and a door tag was left, On March 17, 2015 another site visit was conducted and the property was not in compliance. On April 14, 2015 the home owner Gerhardt Schmitz contacted staff requesting an extension to comply and at that time staff granted a 30 day extension. On May 14, 2015 a site visit was conducted and the property was once again determined to still be in violation. However, Staff observed that the property owner was making an attempt to comply. On June 3, 2015 a site visit was conducted and the property was still in violation. On August 10, 2015 the property was posted with an Order to Appear. During the Code Enforcement Board meeting Officer Palmer testified that the violation is for property maintenance. The property owner, Gerhardt Schmitz, was present at the meeting. Mr. Schmitz testified that he was concerned that he was not provided the notice of violation until April 2015. However, Mr. Schmitz further stated that he felt he had complied with Code Enforcement's requests, and believed he was in compliance. Board member Cloney questioned insect issues, which prompted Officer Palmer to state his concerns about the mosquito issue and reach harborage, which he believes are still issues for this property. Mr. Viens asked Officer Palmer if Mr. Schmitz was in compliance and Officer Palmer stated that Mr. Schmitz was not in full compliance at the present time, albeit improvements have been made. Board member Cloney wants to see property owner Schmitz made aware of what is needed to bring him into full compliance. Code Enforcement Board Meeting Minutes August 20, 2015 Page 3 Based on the evidence and testimony presented at this hearing, Staff respectfully requested that the Code Enforcement Board find the respondent(s) in violation and the respondent be given until. September 1.7, 2015 to come into compliance, or a fine be immediately imposed in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) for everyday thereafter until compliance is confinned by the code enforcement officer, and all costs associated with the enforcement of the violation imposed. Motion by Mr. Viens, seconded by Mr. Lotspeich, to accept Staff s recommendation and find the Respondent not in compliance. Vote on the motion carried with Mr. Cloney as the only dissenting vote. 2. Case No. 15-34 --- Violation of Section 4-97, (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, L1,C, CIO Jeffery W. Wells, R. A. Code Enforcement Officer Duree Alexander respectfully requested that this agenda item be tabled until the September 17, 2015 Code Enforcement Board Meeting. Motion by Mr. Godfrey, seconded by Mr. Cloney, to table Case No. 1.5-34 until the September 1.7, 2015 meeting. Vote on the motion carried unanimously. 3. Case No. 15-22 — Violation of Section 70-70 Evidence of engaging in business without paying tax or making reports; Section 70-472 Evidence of engaging in business; Section 110-467 Garage sales; of City of Cape Canaveral Code of Ordinances. ( Vacant Parcel, N Atlantic Avenue) Legal.. PART OF S 21 OFT OF SW 114 OF SWI /4 W OF OLD ST ROD 401 AS DESC IN ORB 3609 PG 4534 -- Franklin D Hardaway William Geiger Tiustee(s). Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that on. April 10, 2015 staff received a complaint regarding a vacant parcel of land owned by Franklin D. Hardaway - William Geiger Trustee. A site inspection was conducted at that time and. Staff observed an individual selling plants and advertising garage sales on the property. The individual stated lie was allowed to be on the property with the pennission of the property owner. On April 28, 2015a Notice of Violation was issued. The property owner contacted Code Enforcement and stated that Mr. Hardaway had informed the individual that he could not continue to do business on the property. 1n July 2015 after receiving additional complaints informing staff that more items were being placed on the property, another site visit was conducted. The property was not in compliance. On August 10, 2015 an Order to Appear was issued. Officer- Alexander testified that the violation was for engaging in business without paying the required business tax. Mr. Franklin D. Hardaway nor Mr. William Geiger, property owner(s) were in attendance at the meeting. Code Enforcement Board Meeting Minutes August 20, 2015 Page 4 Mr. Cloney questioned if the individual on the property is engaging in business by legal definition. Staff review the cited code section, There was discussion regarding the section citing garage sales. Assistant City Attorney Kimberly Kopp recommended that staff not refer to this type of sale as a garage sale", because it does not meet garage sale criteria, as it is a currently vacant parcel. Board member Godfrey stated there was a house on this property in the past. Officer Alexander will strike the wording "Garage Sale or Yard Sale" from the violation. She further explained that the property owner is ultimately responsible for his tenant and the activities that take place on his property. She stated the property owner should do whatever is necessary to remove the problem by stopping the sale(s) and cleaning up 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 and give the respondent until September 16, 2015 to come into compliance. If compliance is not obtained, upon proper notification of a compliance hearing, a fine shall be imposed in the arnount of one hundred dollars 100.00) for the first day of non-compliance and seventy-five ($75.00) for everyday thereafter, until such time as compliance is confirmed by the code enforcement officer. All cost(s) associated with the enforcement of the violation shall apply. At this time Officer Alexander respectfully requested that the Board find the Respondent in violation. Motion by Mr. Godfrey, seconded by Mr. Cloncy, to accept Staff's recommendation and find the Respondent in non-compliance. Vote on the motion carried unanimously. 1 IC 1. Case No. 10-83 - Application for Satisfaction or Release of Code Enforcement Lien, (8200 Canaveral Blvd.) — Bank of America NA. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that in November 2012 a Notice of Violation was issued for exterior property maintenance and an Order to Appear was issued. In December 2012 the case and supporting documents were presented to the Code Enforcement Board and they found the respondent in violation. The Board Order was recorded as a lien against the property on December 27, 2012. The total lien amount due is ninety-two thousand, eight hundred fifty dollars 92,850.00), which has accrued from December 11, 2012, until found in compliance on June 25, 2015. The current property value per the Brevard County Property Appraisers office is eighty- eight thousand two hundred ten dollars ($88,210.00). This property is now a bank owned property. Staff is recommending a payment of ten thousand dollars ($10,000) based on the current value of the property, and the length of time to bring the property Into compliance. It was further indicated that this property had adversely affected the adjacent properties. In April 2014 Bank of America obtained possession of the property and assigned Tina Adamson to make contact with Staff and bring the property into compliance. Tina Adamson stated that once assigned to this property she took every measure to bring it into compliance as soon as possible. Chairperson Mary Russell thanked Adamson for her prompt attention to this property. Code Enforcement Board Meeting Minutes August 20, 2015 Page 5 Tina Adamson stated she would like to see the fine reduced to five thousand dollars ($5,000). She also stated that the property currently has a sale pending for seventy-nine thousand dollars 79,000). Officer Alexander testified that the City wants to see these properties lived in and tees to work with property owners to obtain compliance, Mary Russell further stated that the fines imposed on properties such as this, where the owner works in good faith to bring them into compliance, should not be punitive. Based on the evidence and testimony presented at this hearing Staff respectfully requested that the Code Enforcement Board recommend to the City Council the reduction of Lien CFN 2012259539, as recorded by Brevard County Clerk of Court official Book 6765, Page 2511— filed against 8200 Canaveral Blvd, be reduced to ten thousand dollars ($10,000.00). Motion to approve by Mr. Lotspeich, seconded by Mr. Godfrey, to accept Staff's recommendation for reduction of Code Enforcement Lien CFN 2012259539, as recorded by Brevard County Clerk of Court official Book 6765, Page 2511 — filed against 8200 Canaveral Blvd, to ten thousand dollars 10.000.00). Vote on the motion carried with Mr. Cloney as the only dissenting vote. 2. Case No. 10-150 - Application for Satisfaction or Release of Code Enforcement Lien, (7000- 7008 N Atlantic Ave.) — Mary M. Beasley, P.O. Code Enforcement Officer puree Alexander provided an overview of the case history. Officer Alexander testified that the violation and fees charged were to cover the cost of continued false alarms; failure to return the Alarm. Cause and Corrective Action form; nonpayment of accessed fees, and failure to obtain an alarm permit. Officer Alexander testified that Section 30-31 establishes a False Alarm Code to help curb costly unnecessary responses by our Fire and Police Departments. The code provides that the first three 3) false alarms responded to in a calendar year will not be assessed a false alarm fee. The property owner Mar), Beasley's son John Beasley was sworn in and spoke on behalf of his mother asking for a reduction in the amount of the lien. Mr. Beasley stated his mother is 84 years old and was unable to "deal" with this matter. Staff testified that at the compliance hearing Mrs. Beasley was offered the opportunity to settle this lien. by paying a reduced amount of five hundred seventy-three dollars and seventy-five cents ($573.75). Mr. Beasley stated his mother probably received the notice and simply filed it away and "went to bed". Officer Alexander testified that the fees would not cover the costs associated with personnel responding to the numerous false alarms, Based on the evidence and the testimony presented at this hearing, staff respectfully requested that the Code Enforcement Board recommend to City Council that lien CFN 2011019894, as recorded by the Brevard County Clerk of Court, Official book 6326, Page 2818— Filed against the property known as 7000-7008 N. Atlantic Avenue in the amount of two thousand one hundred eighty-eight dollars and seventy-five cents ($2,188.75), not be reduced, and the respondent Mary Code Enforcement Board Meeting Minutes August 20, 2015 Page 6 M. Beasley be assessed the full value of the Lien. There was discission and the Beard agreed that the lien should be reduced to one half the original amount. A motion was made to recommend the lien be reduced to one thousand ninety-four dollars and thirty-eight cents ($1,094.38) to the City Council. Motion to approve by Mr. Lotspeich, seconded by Mr. Codfi-ey. Vete on the motion carried unanimously. 3. Case No. 1.2-06 - Request the Code Enforcement Board authorize the City Attorney to foreclose on the lien filed against the property known as 7521 Magnolia Avenue, Cape Canaveral, FL pursuant to Florida Statute; 162. 09, (3) - Administrative fines; costs of repair, liens. Lennie Cassanelli, P.O. Code Enforcement Officer puree Alexander provided an overview of the Case history. Officer Alexander testified that the property currently has accrued a lien in the amount of eighty-two thousand one hundred fifty dollars ($82,150.00), and the Brevard County Property Appraiser reflects a value oftwo hundred forty-five thousand dollars ($245,000.00) for fiscal year 2015. She further testified that pursuant to Florida Statute 162.09 (1) (3), Administrative fines; costs ofrepair; liens states in part, after three (3) months from the filing of any such lien, which remains unpaid, the Code Enforcement Board may authorize the local governing body attorney to foreclose on the lien. Staff respectfully requests that the Code Enforcement Board recommend to the City Attorney to foreclose on the lien as filed against the property known as 7521 Magnolia Avenue, Cape Canaveral, Floridan subject to the direction of the City Manager for due diligence and budgeting purposes. Motion to approve Godfrey, Seconded by Lotspeich. `Tote on the motion carried unanimously. Pursuant to Section 286.41105, 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 khat 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 ofotherwise 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. Code Enforcement Board Meeting Minutes August 20, 2015. Page 7 Motion by Mr. Hale and seconded by .Mr. Mars to adjourn the meeting at 7:53 p.m. Approved on this ;w' W day of ` '` a 2015. Mary Kusse)4, Chairperson W yi q Cir y Gregs n, oazd retary