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Home My WebLink About01/17/08 CEB MINUTESCITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 17, 2008 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 17, 2008, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. Mary Russell Craig Stewart Charles Biederman Walter Godfrey James Hale Karen Hartley Raymond Viens Edward Ciecirski Lynn Mars OTHERS PRESENT Todd Morley Joy Lombardi Bob Hoog Kate Latorre Chairperson Vice Chairperson 1St Alternate 2nd Alternate Building Official Board Secretary Mayor Pro Tem Assistant City Attorney The Board members established that the next meeting would be held on February 21, 2008. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: October 18, 2007. Motions by Mr. Biederman, seconded by Mr. Godfrey, to approve the meeting i i iii u'Les of October 18, 2007, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 17, 2008 Page 2 COMPLIANCE HEARINGS: 1. Case No. 06-00059 — Violation of Section 82-221, International Property Maintenance Code (IPMC) Adopted: IPMC Section 108.1, General; IPMC Section 108.1.1, Unsafe Structures; Section 82-31, Florida Building Code Adopted; Sections 104.1.1, and 105.4, Florida Building Code - Permits & Inspections of the City of Cape Canaveral Code of Ordinances, (7902 Ridgewood Ave.) — Michael Conroy, Property Owner. 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 an unsafe structure and work without the required permit and inspections. Officer Alexander stated that the respondent has obtained the permit, but not the approved final inspection. Ms. Alexander further stated that the permit would not expire until June 1, 2008. Officer Alexander requested that the Board find the respondent in non-compliance and be given until June 1, 2008 to come into compliance or the fine of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) everyday thereafter be retroactively imposed beginning on October 18, 2007. Michael Conroy testified that the balcony failed the City inspection due to the fact that the builder did not secure the brace according to the engineered plans. Mr. Conroy stated that as soon as he can get a determination from the engineer, he would submit a revised plan or make the required changes and call for the final inspection. Discussion followed. Motion by Mr, Stewart, seconded by Mr. Viens, to accept staff's recnmmendatinn and giv the reSpnndent IIntil June 1, 2008 to come into rmmnlianra nr the fine of nne himrriirerl dollars ($ IUU.UU) for the first day and seventy-five dollars ($15.00) everyday thereafter be retroactively imposed beginning on October 18, 2007. Vote on the motion carried unanimously. 2. vaoc Iw. 06-00062 — Violation I nl 1S)cVUun 0C-221 . international Icll f"I UE.JCI LX nnaintenance Code (IPMC) Adopted: IPMC Section 108.1, General: IPMC Section 108.1.1, Unsafe Structures;__ Section 303.11, Stairways, Decks. Porches. & Balconies, of the City o, f Cape Canaveral Code of Ordinances. (7908 Ridgewood Ave.) — Marsha K. & Kent C. Howe, Property Owner. 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 an unsafe structure and stated that the respondent has obtained the required permit but not the approved final inspection. Ms. Alexander further stated that the permit would not expire until April 19, 2008. Officer Alexander requested that the Board find the respondent in non-compliance and be given until April 19, 2008 to come into compliance or the fine of one hundred and fifty r ((y�iv.viaiereaflerdviiva$1 vv.vv)fvrthe first ay and vis hundred dollars i vv) eVeyld be retroactively imposed beginning on August 23, 2007. Discussion followed. Code Enforcement Board Meeting Minutes January 17, 2008 Page 3 Motion by Mr. Stewart, seconded by Mr. Hale, to accept staff's recommendation and give the respondent until April 19, 2008 to come into compliance or the fine of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) everyday thereafter be retroactively imposed beginning on August 23, 2007. Vote on the motion carried unanimously. 3. Case No. 07-00133 — Violation of Section 303 Exterior Structures; and Section 303.13, Handrails and Guards, of the International Property Maintenance Code as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and Section 34-98, Building Appearance and Maintenance of the City of Cape Canaveral Code of Ordinances, (244 Cherie Down Ln.) French Lanham Property Owner. _ Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 06-00126 — Violation of Section 104.1.1 and 105.4 Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances, (518 Harrison Ave.) William M. Forrester Jr., Property Owner. 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 respondent replaced an aluminum structure without the required permit and inspections. Officer Alexander stated that the respondent has obtained the permit, however did not pass the final inspection due to the fact that the structure is encroaching in the setbacks, and the driveway and parking requirement has not been completed. Ms. Alexander explained that when the respondent moved the structure over to hic rmmnert\� line. he created n parking problem with his neighbor, which was to oe addressed with the change or the driveways; however, his neighbor will not respond. Officer Alexander further stated that the permit has expired. V V illiam Forrester, nester, Jr., property ler , testified that the carport structure was damaged during the hurricane season of 2004; and it was his understanding that no permit was required to repair it. Mr. Forrester stated that he wanted a stand-alone carport, however the City's Community Appearance Board denied the request. He explained that he tried to recover any of the undamaged portions of the carport and moved --the structure west to his property line in an effort to avoid the encroachment of the setbacks. This created a parking problem with his neighbor that he worked out with the building department; whereby he was to take out the grass area and replace it with pervious paving along the entire front of the complex so that the neighbors would be able drive straiaht in. However, the neighbors are not willing to help with this effort due to the fact that they seem to be content with driving over the grass, as they always have. Mr. Forrester further stated that, upon the City's inspection, he was told that the structure still encroached on the setback one foot and four inches. Mr. Forrester asked the City Attorney if he could be required to allow the neighbor to park on his property or if he could be required to pave property that rinno .... hnrnnn to him Code Enforcement Board Meeting Minutes January 17, 2008 Page 4 Assistant City Attorney, Kate Latorre, replied that the focus is to resolve the violation without encroaching on the setbacks. Attorney Latorre explained that whether a neighbor will be parking on one's property is a neighborly issue to be worked out between neighbors. She further stated that the two options presented are intended to bring the issue into compliance. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, and be given until June 6, 2008 to come into compliance or be fined fifty dollars ($50.00) for the first day and twenty-five dollars ($25.00) per day thereafter until found in compliance. Discussion followed. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, and be given until June 6, 2008 to come into compliance or be fined fifty dollars ($50.00) for the first day and twenty-five dollars ($25.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 2. Case No. 07-00134 —Violation of Section 105. 1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (241 Cherie Down La.) Susan & Anthony Bernarducci, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 3. Case No. 07-00151 — Violation of Section 94-76(a), Temporary On -Premises Signs,of the City of Cape Canaveral (-r)rlrz of Ordinances, f81 Q1 Actrnnal it Rix./H.) Banana River rein, LLC, P.O., c/o Stephen M. Stone, Esq. R.A.,ProRgdy Owner: Pod Vendina, Inc., c/o Jay Jasperson, R.A.. Business Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. OLD BUSINESS: Case No. 07-00095 —Violation of Section 105. 1, Reauired: and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances: and Section 603.1, Mechanical Equipment: and Section 605.1. Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances, (201 International Dr. Unit #222) — Michael S. Sexton, Property Owner. (Foreclosure on Lien Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history stating that the Code Enforcement Board found the respondent in violation on June 25, 2007 and fines were imposed in the amount of $100.00 for the first day and $50.00 for everyday thesranf+rsr. (lffinrsr Alr�vnni^7 e1r n+.qtr..-1 fh>s� �hro Ps mrs., gra} ref +I�+r� linty i.+ ..�„r—fl— 4-e— ..v� yuay u c cap �c� . vnwc� �1cncu iuci ora ed that the amount our i� o a is lie � 10 %.ui i ci uiy icn thousand four hundred dollars ($10,400.00) not including staff time or other miscellaneous costs incurred to foreclose on the lien. Code Enforcement Board Meeting Minutes January 17, 2008 Page 5 Officer Alexander respectfully requested that the Board recommend that the City Attorney foreclose on this non -homesteaded property. Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staff's recommendation for the City Attorney to begin foreclosure action on the property. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:08 P.M. Approved on this 21 day of February 2008. Joy Lombardi, Board Secretary