HomeMy WebLinkAboutcocc_agenda_package_20190124CITY OF CAPE CANAVERAL
CODE ENFORCEMENT S PECIAL MEETING
City Hall Council Chambers
100 Polk A venue, Cape Canaveral, Florida 32920
AGEND A
January 24 , 2019
6:00 PM
CALL T O ORDER
RO LL CALL
Establish Next Meeting Date : February 21 , 2019
NEW B USINESS:
1. Approval of Meeting Minutes: September 20 , 2018
N OTICE OF VI OLATION A PPEAL :
1. Case No. 2018-268 -(305 Surf Dr.) Gerhardt Schmitz, Property Owner-Appeal from Notice of
Violation (Unsafe Buildings and Imminent Hazards -Public Nuisance) issued by City 's Building
Official , citing the following violations :
a. Sec. 202 , Definition of Building, SUBAC (Standard Unsafe Building Abatement Code)
b. Sec. 101.6, SUBAC
c. Sec. 202 , Definition of Unsafe Building, Paragraphs 3 , 4 , 5, 6 , 7, 8, 9 , and 10 , SUBAC
d. Chapter 34, Article III , Property Maintenance Standards, Sec . 34-96 (a)(b), City Code
e. Chapter 34, Article III , Property Maintenance Standards, Sec. 34-96 (d), City Code
f. Chapter 34, Article III , Property Maintenance Standards, Sec. 34-97 (a)(1)(2)(3)(4)(5)(6)(7),
City Code
g. Chapter 34, Article III , Property Maintenance Standards , Sec . 34-98 (4)(6), City Code
h. Chapter 34, Article III , Property Maintenance Standards , Sec . 34-99(1 )(2), City Code
1. Chapter 34, Article IV , Weeds and Dead Vegetation , Secs . 34-121. et. seq ., City Code
J. Chapter 34, Article III , Property Maintenance Standards , Sec. 34-98 (3), City Code
k. Sec. 101.4 , SUBAC
1. Section 505 , Florida Building Code, Existing Building,
m. Chapter 1, General Provisions , Sec. 1-15(b)(c)(d), City Code
OLD BUS INESS :
None
Notice: Pursuant to Section 286 .0105 , Florida Statutes, the City hereby ad vises 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
Code Enforcement Board
Agenda
January 24 , 2019
Page2
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.
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
September 20 , 2018
A Regular Meeting of the Code Enforcement Board was held on August 23 , 2018 , at Cape
Canaveral City Hall Chambers, 100 Polk Avenue, Cape Canaveral , Florida. Chairperson Mary
Russell called the meeting to order at 6 : 12 p.m . The Board Secretary called the roll.
MEMB ER S PRESENT
Mary Russell
Walter Godfrey
Inez Stone
Christopher Cloney
James Hale
MEMBER S ABSENT
Paula Collins
Charles Hartly
OTHE RS PRESENT
Jenni fer Nix
Brian Palmer
Chris Robinson
Ginger Wright
Chairperson
Vice Chairperson
Assistant City Attorney
Code Enforcement Officer
Code Enforcement Officer
Board Secretary
Board members established the next meeting would be on October 18 , 2018.
Assistant City Attorney Nix swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes -August 23 , 2018.
Motion by Mr. Cloney second by Mr. Godfrey, to approve the meeting minutes of August
23 , 2018 as written. Vote on the motion carried unanimously.
COM PLIANCE HEARINGS:
None
Code Enforcement Board
Meeting Minutes
September 20 , 2018
PUBLIC HEARINGS:
1. Case No . 2017-137-Violation of Section 34-38 , Owner 's Maintenance of Premises.; Section
34-96 , Standards Established ; (a), (b), (d); Section 34-97 , Duties and Responsibilities for
Maintenance (a), (1) ( 4); Section 34-99 Intent , (1 ), (2), ( 4), (5); Section 34-122 , Public
Nuisances , (a); Section 82-12 , Unsafe Buildings or Systems ; Section 82-371 , Posting and
Specification of Numbers; Section 110-335 , Prohibited uses and Structures , (1), (2); Section
110-551 , Location of Recreational Vehicles , Camping Equipment, Boats and Boat Trailers ,
(2), (d); Section 110-555 , Paving of Vehicular use Areas; Section 110-171 , Establishments
Serving Alcoholic Beverages , (4); I.P.M.C. Section 108.1.1 Unsafe Equipment; I.P.M.C.
Section 302.2 Protective Treatment; I.P.M.C. Section 303.14 Window , Skylight and Door
Frames; I.P.M .C. Section 303.16 , Doors ; I.P.M.C. Section 304 .3 Interior Surfaces ; I.P.M.C.
Section 506.2 Maintenance of Sanitary Drainage System; I.P.M.C. Section 604.3 , electrical
System Hazards ; I.P.M.C. Section 605 , Electrical Equipment 605.1; I.P.M .C . 605.2
Receptacles , of the International Property Maintenance Code, as adopted by Section 82-221 ;
F.L.B.C. Section 105 Permits 105.1 Required, of the Florida Building Code , as adopted by
Section 82-31 , of the City of Cape Canaveral Code of Ordinances. (120 Jackson Ave.) Randall
Shane Reynolds , Property Owner.
Code Enforcement Officer Chris Robinson provided an overview of the Case history and
presented pictures for the Board 's review. Officer Robinson testified the Notice of Hearing
was mailed September 4, 2018 and signed for on September 5, 2018 . A power point
presentation was given by Officer Robinson on the property. The City's evidence/exhibits
considered by the code enforcement board included the agenda packet, staffs power point
presentation inclusi ve of photographs , provided notices and proof of certified mailings.
Mr. Shane Reynolds was present and gave testimony that he will be in to pick up permits . Mr.
Reynolds provided to the Code Enforcement Board copies of his bank statement and a verse
from the bible as evidence regarding his case. Same were accepted by the board as exhibits
into evidence.
Code enforcement staff request/recommendation: Based on evidence and testimony
presented , Staff respectfully requested the Respondent be found in violation of the City Code
provisions as set forth in the revised notice of violation , and that a fine be immediately
imposed in the amount of $150.00 for the first day and $75.00 every day thereafter; until
compliance is confirmed by the Code Enforcement Officer. Staff also requested that all costs
associated with enforcement of violation be imposed.
Motion by Mr. Cloney second by Mr. Godfrey, to continue the case to the next meeting
October 18 , 2018 , to give Mr. Reynolds more time to apply for permits and to start the other
work needed. Vote on the motion carried unanimously.
2. Case No. 2018-212-Violation of Section 110-555. -Paving of vehicular use areas , of the
City of Cape Canaveral Code of Ordinances. (8501 Astronaut Blvd.) Elpidasmar
Management , LLC , Pantelis Markogiannakis , Property Owner.
Code Enforcement Board
Meeting Minutes
September 20, 2018
Code Enforcement Officer Brian Palmer provided an overview of the Case history and
presented exhibits. Officer Palmer testified the Notice of Hearing was mailed on August 10,
2018. A power point presentation was given by Officer Palmer on the property. The City's
evidence/exhibits considered by the code enforcement board included the agenda packet,
staffs power point presentation inclusive of photographs, provided notices and proof of
certified mailings.
Mr. Pantelis Markogiannakis was present and gave testimony that he will try to put up signs
or a rope to try to fix this problem.
Based on evidence and testimony presented, Staff respectfully requested the Respondent be
found in violation, as set forth in the notice of violation, and give the Respondent until
October 18, 2018 to come in to compliance or a fine be 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 enforcement of violation be imposed.
The Board discussion included continuing the case to the next meeting October 18, 2018.
Motion by Mr. Cloney second by Mr. Hale, to continue the case to the next meeting October
18, 2018 giving the Respondent time to put up signs or a fence. Vote on the motion carried 4
to 1. (Mary Russell voted against the extra time).
OL D B USINESS:
N one
ADJ O URNMENT:
Meeting adjourned at 7:41 p.m.
Approved on this __ day of _____________ , 2019.
Mary Russell Chairperson
Ginger Wright, Board Secretary
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 .