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Home My WebLink Aboutcocc_ceb_minutes_20190124CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES January 24, 2019 A Special Meeting of the Code Enforcement Board was held on January 24, 2019, 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. MEMBERS PRESENT Mary Russell Inez Stone Christopher Cloney James Hale Charles Hartley MEMBERS ABSENT Paula Collins Walter Godfrey OTHERS PRESENT Anthony Garganese Brian Palmer Chris Robinson Ginger Wright Michael German Dave Dickey Todd Morley Joshua Surprenant Tim Davis Chairperson Vice Chairperson City Attorney Code Enforcement Officer Code Enforcement Officer Board Secretary Building Official Community Development Director Economic Development Director Community Services Director Arborist City Attomey Garganese swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting For September 20, 2018 will be over carried over to February meeting. COMPLIANCE HEARINGS: None PUBLIC HEARINGS: Notice of Violation Appeal: 1. Case No. 2018-268 — Violation of Section 1-15, General penalty; attorneys' fees and costs (b), (c), (d); Section 34-96, Standards Established; (a), (b), (d); Section 34-97, Duties and City of Cape Canaveral Code Enforcement Board Meeting Minutes January 24, 2019 Responsibilities for Maintenance (a), (1), (2), (3), (5), (6), (7);Section 34-98, Building appearance and maintenance (3), (4), (6); Section 34-99 Intent, (1), (2); Section 34-121, Intent; SUBAC Section 101.4 Alterations, Repairs or Rehabilitation Work; SUBAC Section 101.6, Maintenance, of the Standard Unsafe Building Abatement Code, as adopted by Section 82-56, of the City of Cape Canaveral Code of Ordinances; FLBC Section 505, Alteration level 3, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances. (305 Surf Dr.) Gerhardt Schmitz, Property Owner. 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 i. 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 I. Section 505, Florida Building Code, Existing Building, m. Chapter 1, General Provisions, Sec. 1-15(b)(c)(d), City Code Code Enforcement Officer Brian Palmer provided an overview of the Case history and presented a power point and a video. Officer Palmer testified the Notice of Hearing was posted on the property on January 7, 2019. The Building Official, Michael German, Community Development Director, David Dickey, Economic Development Director, Todd Morley, Community Services Director, Joshua Surprenant and Arborist, Tim Davis also spoke on the case. Mr. Schmitz Respondent testified that he needed more time to try to get things done, to get his property up to code. Based on the testimony and evidence submitted at the Hearing, the Code Board found and concluded that: (1) Proper Notice of the Violation and Notice of hearing was provided to Respondent and mortgagee, Wells Fargo Bank NA; (2) Respondent's appeal is without merit and is denied, and therefore, the Building Official's and Code Enforcement Officer's determination that the property is unsafe, unsanitary, unfit for human occupancy, and public nuisance is upheld; and (3) the City is entitled to proceed to abate the nuisance and otherwise proceed in accordance with law. Additionally, in furtherance of the Code Board's finding and conclusions, the Code Board orders: (1) Respondent must remedy the violations stated in the Notice of Violation within City of Cape Canaveral Code Enforcement Board Meeting Minutes January 24, 2019 the time periods required by law. If the violations are not timely remedied, the City is entitled to proceed to abate the nuisance and otherwise proceed in accordance with law; and (2) Respondent must contact the City of Cape Canaveral Building Official at (321) 868-1220 Ext. 114 and take all necessary action required by the Building Official and Code Enforcement Officers in accordance with law to timely remedy the violations. Motion by Mr. Hale second by Mr. Hartley, Vote on the motion carried unanimously, to proceed to abate the nuisance and otherwise proceed in accordance with the law. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 7:41 p.m. Approved on this 4ay of ary Rugell Chairperson right, B d Secretary , 2019. 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.