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HomeMy WebLinkAboutmeeting minutes (65)CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES 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 Walter P. Godfrey, Jr Ralph Lotspeich MEMBERS ABSENT James Hale . OTHERS PRESENT Kimberly Kopp Assistant City Attorney 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 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. Approval of Meeting Minutes: June 18, 2015 Motion by Mr. Viens, seconded by Mr. Cloney, to approve the meeting Minutes of January 22, 2014, and June 18, 2015 as written. Vote on the motion carried unanimously. 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. PUBLIC HEARINGS: 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 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 given notice of violation until April 2015. However, Mr. Schmitz further stated that he complied with code enforcements requests and he believed he was in compliance. Board member Cloney questions insect issues prompting Officer Palmer to raise concerns about a mosquito issue and roach harborage which are still an issue. Mr. Viens asked officer Palmer if Mr. Schmitz was in compliance and Officer Palmer stated that Mr. Schmitz was not in total 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 compliance. 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 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 has respectfully asked that this agenda item be tabled intil the September 17, 2015 City of Cape Canaveral Code Enforement Meeting. Motion by Mr.Godfrey, seconded by Mr.Cloney, to accept Staff’s recommendation and find the Respondent in non-compliance and be given until February 19, 2015, to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter, until found in compliance. 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 70-72 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 210FT OF SW1/4 OF SW1/4 W OF OLD ST ROD 401 AS DESCE IN ORB 3609 PG 4534 – Franklin D Hardaway – William Geiger Trustee(s). Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that the violation is for nonpayment of sewer impact fees for the Saigon Restaurant. At this time, the amount in arrears is $3,372.00. Mr. Markogiannakis, property owner, explained he was in Greece for four months and believed the issue was settled. He has agreed to pay the $3,372.00, but has concerns that once he pays this amount he will be reassessed for the other businesses located in this plaza. He is asking for an extension until he has had an opportunity to meet with his attorney and Staff has reevaluated the entire plaza to see if there are any additional fees he may incur. Officer Alexander explained that the sewer impact fees assessed are correct and sees no reason why there would be any additional fees assessed for units 1 & 2, if the seating remains the same. Officer Alexander testified that Staff had agreed to conduct a site visit to the property with the Building Official to confirm that no additional fees may be due for the other units located at this address, but this would be considered a separate Code Enforcement Violation. Mr. Markogiannakis stated he had been operating these restaurants for many years with no issues regarding the number of seats; he requested additional time to address the violation and obtain legal representation. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Fourth (4th) Amended Board Order and immediately impose penalty on the First Violation in the amount of one hundred and fifty dollars ($150.00) for the first day of non-compliance and seventy-five ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Officer Alexander testified, based on Mr. Markogiannakis request for legal representation, Staff will support a thirty (30) day extension to allow Mr. Markogiannakis time to consult with his lawyer and come before the Board at the next Code Enforcement meeting held on February 19, 2015. Motion by Mr. Cloney, seconded by Mr. Hale, to accept Staff’s recommendation and find the Respondent in non-compliance and be given until February 19, 2015, to come into compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter, until found in compliance. Vote on the motion carried unanimously. Based on the evidence and the testimony presented at this hearing, Staff respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until February 19, 2015, to comply or a fine shall be imposed in the amount of one hundred and fifty dollars ($150.00) for the first day of non-compliance and seventy-five dollars ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Motion by Mr. Cloney, seconded by Mr. Hale, to accept Staff’s recommendation and find the Respondent in non-compliance and be given until February 19, 2015, to come before the Board and explain his progress to meet the requirements of the violation or a fine shall be immediately imposed in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer. Vote on the motion carried unanimously. 5. Case No. 14-00076 – Violation of Section 34-97, Duties and Responsibilities for Maintenance; Section 110-555, Paving of Vehicular Use Areas; Section 110-492, Location of Spaces, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot, W. Central Blvd) – Port Hospitality Group, Inc., Baugher, Robert A., R.A., Property Owner. Code Enforcement Officer Brain Palmer reported that this property was in compliance and requested that it be removed from the Agenda. 6. Case No. 14-00058 – 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; IPMC 302.1, Sanitation; IPMC 303.1, General; IPMC 304.1, General, IPMC 502.1, Dwelling Units; IPMC 504.1, General; of The International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (109 Pierce Ave.) – Bowen & Bernier Investments, LLC, c/o Walker Bagwell Properties, LTD, Property Owner. Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits. Officer Alexander testified that the violation is for work without a permit and exterior property maintenance. The property owner was not present at the meeting. Based on the evidence and the testimony presented, Staff respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation, and be given until February 18, 2015, to comply or a fine shall be imposed in the amount of one hundred and fifty dollars ($150.00) for the first day of non-compliance and seventy-five ($75.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Motion by Mr. Cloney, seconded by Mr. Hale, to accept Staff’s recommendation and find the Respondent in non-compliance and be given until February 18, 2015, to comply or be fined in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter, until found in compliance. Vote on the motion carried unanimously. PUBLIC HEARINGS: 7. Case No. 14-00083 – Violation of Section 34-153 (5), Enumeration of prohibited noises; of the City of Cape Canaveral Code of Ordinances, (236 Canaveral Beach Blvd.) – Latherow, Charles A. II and Latherow, Deborah L. H/W, Property Owner. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that the violation is for loud noise; dogs barking. The owners were not present at the meeting. Officer Palmer respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until February 19, 2015, to comply or a fine shall be imposed in the amount of seventy-five ($75.00) for the first day of non-compliance and twenty-five ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Motion by Mr. Hale, seconded by Mr. Mars, to accept Staff’s recommendation and find the Respondent in non-compliance and be given until February 19, 2015, to comply or be fined in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Vote on the motion carried unanimously. OLD BUSINESS: 1. Case No. 10-83 - Application for Satisfaction or Release of Code Enforcement Lien, (8200 Canaveral Blvd.) – Bank of America NA. 2. Case No. 10-150 - Application for Satisfaction or Release of Code Enforcement Lien, (7000-7008 N Atlantic Ave.) – Mary M. Beasley, P.O. 3. Case No. 12-06 - 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) - Admistrative fines; costs of repair; liens. Lennie Cassanelli, P.O. 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: Motion by Mr. Hale and seconded by Mr. Mars to adjourn the meeting at 6:53 p.m. Approved on this _____day of_______________________________, 2015. _______________________________ Mary Russell, Chairperson _______________________________ Cindy Gregson, Board Secretary _______________________________ Patsy Huffman, Senior Secretary (Typed Minutes) Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board’s review. Officer Alexander testified that the violation is for the condition of the structures. The property owner was not present at the meeting. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Seventh (7th) Amended Board Order, imposing penalty on First Violation, and be given until March 18, 2015 to comply, or a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter, shall be imposed until such time as the property is found in compliance by the Code Enforcement Officer. Officer Alexander testified that the extension was being requested because the owner was trying to obtain a demolition permit and he had assured Staff he will move forward with demolition of the property to obtain compliance. Motion by Mr. Hale, seconded by Mr. Mars, to accept Staff’s recommendation. Vote on the motion carried unanimously. Canaveral Code of Ordinances, (236 Canaveral Beach Blvd.) – Latherow, Charles A. II and Latherow, Deborah L. H/W, Property Owner. Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented exhibits. Officer Palmer testified that the violation is for loud noise; dogs barking. The owners were not present at the meeting. Officer Palmer respectfully requested that the Board find the Respondent in violation as stated in the Notice of Violation and be given until February 19, 2015, to comply or a fine shall be imposed in the amount of seventy-five ($75.00) for the first day of non-compliance and twenty-five ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Motion by Mr. Hale, seconded by Mr. Mars, to accept Staff’s recommendation and find the Respondent in non-compliance and be given until February 19, 2015, to comply or be fined in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter, until compliance is confirmed by the Code Enforcement Officer, and all costs associated with the enforcement of this violation shall apply. Vote on the motion carried unanimously. OLD BUSINESS: 1. Case No. 10-83 - Application for Satisfaction or Release of Code Enforcement Lien, (8200 Canaveral Blvd.) – Bank of America NA. 2. Case No. 10-150 - Application for Satisfaction or Release of Code Enforcement Lien, (7000-7008 N Atlantic Ave.) – Mary M. Beasley, P.O. 3. Case No. 12-06 - 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) - Admistrative fines; costs of repair; liens. Lennie Cassanelli, P.O. 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: Motion by Mr. Hale and seconded by Mr. Mars to adjourn the meeting at 6:53 p.m. Approved on this _____day of_______________________________, 2015. _______________________________ Mary Russell, Chairperson _______________________________ Cindy Gregson, Board Secretary _______________________________ Patsy Huffman, Senior Secretary (Typed Minutes) Code Enforcement Officer Duree Alexander provided an overview of the Case history and presented exhibits for the Board’s review. Officer Alexander testified that the violation is for the condition of the structures. The property owner was not present at the meeting. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of the Seventh (7th) Amended Board Order, imposing penalty on First Violation, and be given until March 18, 2015 to comply, or a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter, shall be imposed until such time as the property is found in compliance by the Code Enforcement Officer. Officer Alexander testified that the extension was being requested because the owner was trying to obtain a demolition permit and he had assured Staff he will move forward with demolition of the property to obtain compliance. Motion by Mr. Hale, seconded by Mr. Mars, to accept Staff’s recommendation. Vote on the motion carried unanimously.