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HomeMy WebLinkAboutcocc_ceb_minutes_20190919 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES September 19, 2019 A Regular Meeting of the Code Enforcement Board was held on September 19, 2019, at Cape Canaveral City Hall Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:03 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Walter Godfrey, Jr. Vice Chairperson James Hale Charles Hartley Paula Collins Inez Stone MEMBERS ABSENT Christopher Cloney OTHERS PRESENT TJ rifer Nix Code Enforcement Board Attorney Brian Palmer Code Enforcement Officer Chris Robinson Code Enforcement Officer Ginger Wright Board Secretary Lisa Day Board Secretary(in training) Code Enforcement Board Attorney Nix swore in all persons giving testimony. NEW BUSINESS: 1. Introduction of John Mayberry—New full-time City Code Enforcement Officer. 2. Establish Next Meeting Date: October 17, 2019 3. Introduction of Lisa Day—New Code Enforcement Board Secretary. 4. Approval of Meeting Minutes—May 23, 2019 Vote to approve revised meeting minutes of the May 23, 2019 meeting was unanimously approved by the board. PUBLIC HEARINGS: 1. Case No. 2018-246 - Violations of Section 110-470. (a), (5) Fences,walls and hedges, City of Cape Canaveral Code of Ordinances; Section 105 Permits. 105.1 Required,Florida Building Code; Section 110 inspections. 110.1 General,Florida Building Code. (6799 N.Atlantic Ave.) S&S Enterprises "A"LLC, Property Owner. City of Cape Canaveral Code Enforcement Board Meeting Minutes September 19, 2019 Motion by Mr. Godfrey to follow Code Officer Palmer's recommendation; Second by Mr. Hartley. Vote on the motion carried unanimously. 3. Case No. 2019-325—Violations of Section 110-462. (d), (e) Single-family residential; second kitchen facility, City of Cape Canaveral Code of Ordinances. (7603 Poinsettia Ave.) Alexander L. Ganz, Property Owner. NO ACTION: Item was removed from Agenda by Code Enforcement staff. Case No. 2019-325 (7603 Poinsettia Ave.) Alexander L. Ganz, Property Owner. COMPLIANCE HEARINGS: 1. Case No. 2018-191 - Violation of Section 34-96. (b), (d) Standards established, City of Cape Canaveral Code of Ordinances; Section 34-97. (b), (3) Duties and responsibilities for maintenance, City of Cape Canaveral Code of Ordinances;Section 34-98.(2),(4),(6)Building appearance and maintenance, City of Cape Canaveral Code of Ordinances. (211 Caroline Ave.) Palms East of Cape Canaveral LLC/Jeffery Wells Property Owner. Code Enforcement Officer Chris Robinson gave testimony, evidence and a presentation relating to alleged code enforcement violations. Attorneys Anne Marie Giri and Luis Carreja presented on behalf of Wells Boys Property Management. Jeannette Laboy, employee of Wells Boys Property Management, provided testimony on behalf of Respondent. Giri submitted evidence on behalf of Respondent. Board discussion ensued with Code Officer Robinson's recommendation to find Respondent in violation of the Board's prior order and enter a fine in the amount of One Hundred Dollars Fifty Dollars and Zero Cents ($150.00) for July 31, 2019, then, One Hundred Dollars and Zero Cents ($100.00) each day thereafter until the violation comes into compliance. Motion by Mr. Godfrey to find Respondent in violation of the board's previous order and extending the compliance date to October 17, 2019; second by Mr. Hale. Vote on the motion carried unanimously. 2. Case No. 2018-253 - Violations of Section 34-96 (d) Standards established, City of Cape Canaveral Code of Ordinances; Section 34-98. (3), (4)Building appearance and maintenance, City of Cape Canaveral Code of Ordinances; Section 303.2 Protective treatment,International Property Maintenance Code; Section 303.3 Street numbers, International Property Maintenance Code; Section 303.6 Exterior Walls,International Property Maintenance Code; Section 105 Permits. 105.1 Required, Florida Building Code; Section 110 inspections. 110.1 General, Florida Building Code. (307 Surf Dr.) Patrick F. & Jane L. Campbell, Property Owners. City of Cape Canaveral Code Enforcement Board Meeting Minutes September 19, 2019 Code Enforcement Officer Chris Robinson gave testimony, evidence and a presentation relating to alleged code enforcement violations. Chris Robinson testified that some of the code sections were still in violation at the time of the hearing. Respondent testified that they plan to remove the non-compliant,non-permitted chain-link fence, which will then bring them back into compliance with the violation stated in Case No 2018-246 per City Code.They went on to state that they had intentions of replacing the fence going forward, and will ensure the new fence is permitted and compliant with City Code as stated above. Board discussion ensued with Code Officer Robinson's recommendation to: 1. Give the respondent until October 16, 2019 to come into compliance by removing the fence. within the time period set forth, and if 2. Should Respondent fail to correct the violations p the Subject Property remains in violation, a fine will be entered in the amount of One Hundred Dollars and Zero Cents ($100.00) for the first day, then, Fifty Dollars and Zero Cents ($50.00) each day thereafter until the violations come into compliance. Motion by Mr. Godfrey to follow Code Officer's recommendation; Second by Mr. Hartley. Vote on the motion carried unanimously. 2. Case No. 2018-274 — Violations of Section 94-121. (d) Non-conforming signs, City of Cape Canaveral Code of Ordinances. (6850, 6870 & 6890 N. Atlantic Ave.) Yogi's Food & Discount Beverage, Inc., Property Owner. Code Enforcement Officer Brian Palmer gave testimony, evidence and a presentation relating to alleged code enforcement violations. Brian Palmer testified that some of the code sections were still in violation at the time of the hearing. Respondent and Code Enforcement Officer Palmer had a discussion just prior to the start of the meeting to discuss the below recommendations. Respondent then left the meeting. Board discussion ensued with Code Officer Palmer's recommendation to: 1. Give Respondent until October 17, 2019 to come into compliance by submitting an application for a sign permit. 2. Should Respondent fail to correct the violations within the time period set forth, and if the Subject Property remains in violation, a fine will be entered in the amount of One Hundred Dollars and Zero Cents ($100.00) for the first day, then, seventy-five Dollars and Zero Cents ($75.00) each day thereafter until the violation comes into compliance. City of Cape Canaveral Code Enforcement Board Meeting Minutes September 19, 2019 NO ACTION: City staff testified that Respondents are in compliance and that no further action was needed. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 7:25 p.m. Approved on this pc I day of LTh , 2019. ✓ 01 Code Encement Board Chairman Lis; Day, oard cretary