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HomeMy WebLinkAboutAgenda Package 1-24-19CITY 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 .