HomeMy WebLinkAbout03/20/08 CEB MINUTESCITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
MARCH 20, 2008
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on March 20, 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.
MEMBERS PRESENT
Mary Russell
Raymond Viens
Charles Biederman
James Hale
Karen Hartley
Lynn Mars
MEMBERS ABSENT
Walter Godfrey
Edward Ciecirski
OTHERS PRESENT
Joy Lombardi
Bob Hoog
Kate Latorre
Chairperson
Vice -Chairperson
2"d Alternate
Board Secretary
Mayor Pro Tem
Assistant City Attorney
The Board members established that the next meeting would be held on April 17, 2008.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: February 21 2008
Motion by Mr. Biederman, seconded by Mr. Viens, to approve the meeting minutes of
February 21, 2008, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
March 20, 2008
Page 2
COMPLIANCE HEARINGS:
Case No. 07-00158 - 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 (118 Washington Ave) — Russell T Rose
Property Owner.
Code Enforcement Officer, Duree Alexander requested that the Case be withdrawn from
the agenda due to the fact that proper notification had not been received.
2. Case No. 08-00005 — Violation of Section 70-71 Engaging in Business Without
_Paying Tax or Making Reports, Section 70-69 Receipt Required Section 70-75
Penalty for Failure to Obtain or Renew Receipt; Section 30-27 Alarm Permit
Reguired; and Section 70-68 Violation; Penalty, of the City of Cape Canaveral
Code of Ordinances, (8803 N. Atlantic Ave.) - Jeffrey R Sauer R.A.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
PUBLIC HEARINGS:
Case No. 07-159 - 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 (8600 Ridgewood Ave Unit 3306) —William
M. Strange & Joanne M. Sweeney Property Owners
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 work without obtaining the required permit and inspections.
Officer Alexander respectfully requested that the Board find the respondent in 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 Code and be given until April 17, 2008 to come into
compliance or be fined one hundred dollars ($100.00) for the first day and seventy-five
dollars ($75.00) everyday thereafter retroactively beginning on March 20, 2008.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the
respondent in violation and be given until April 17, 2008 to come into compliance or be
fined one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00)
everyday thereafter retroactively beginning on March 20, 2008. Vote on the motion carried
unanimously.
Code Enforcement Board
Meeting Minutes
March 20, 2008
Page 3
2. Case No. 07-00178 — Violation of Section 04-2007 Resort Dwellings;
Nonconforming Use Status; Rental Restrictions on Dwellings of the Cape
Canaveral Code of Ordinances, (807 Mystic Dr.) James D. Courson 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 the rental of a resort condominium without the Certificate of Non -Conforming Status.
Officer Alexander stated that the respondent has advertised the short-term rental on two
specific occasions.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 110-486, Resort Dwellings; Nonconforming Use Status; and Section 110-487,
Rental Restrictions, of the City Code and be given until April 17, 2008 to come into
compliance or be fined two hundred and fifty dollars ($250.00) per day until found in
compliance. Discussion followed.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the
respondent in violation and be given until April 17, 2008 to come into compliance or be
fined two hundred and fifty dollars ($250.00) per day until found in compliance. Vote on
the motion carried unanimously.
3. Case No. 08-00007 - Violation of Section 34-181 Storing Parking or Leaving on
Private Property; Section 34-182. Notice to Abate of the City of Cape Canaveral
Code of Ordinances. (108 Tyler Ave.) — Maryann C. Gattuso & Russell Kaup,
Property Owners.
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 untagged, inoperable vehicle. Officer Alexander stated that she was not able to put
a 72 -hour tow notice on the vehicle because there was a large dog tied to it.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 34-181, Storing, Parking, or Leaving on Private Property; Section 34-182, Notice
to Abate, of the City Code and be given 5 days to come into compliance or be fined two
hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00)
everyday thereafter until found in compliance. Discussion followed.
Motion by Ms. Hartley, seconded by Mr. Viens, to accept staff's recommendation and find
the respondent in violation and be given 5 days to come into compliance or be fined two
hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100,00)
everydaythereafter until found in compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
March 20, 2008
Page 4
4. Case No. 07-00226 — Violation of Section 102, Tree Protection; and Section 102-
39, Permits, of the City of Cape Canaveral Code of Ordinances (Vacant Lot on
Surf Dr.) — Norman & Marie Boucher, 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 the removal of trees without a permit. Officer Alexander stated that, according to the
City Arborist's report, there were 12 trees removed with a total diameter inch of 68. Ms.
Alexander further stated that the fines were calculated according to Section 102-38(b)(1),
failure to obtain a permit with a fine of $250.00 per tree, plus $250,00 per 100 square feet
cleared; and Section 102-38(b)(2), removal of a tree without a permit with a fine of
$100.00 per diameter inch, for a total penalty of $16,410.00.
Norman Boucher, property owner, testified that the clearing of his lot came about without
any planning on his part. He stated that while his neighbor was clearing, he asked Mr.
Boucher if he wanted his lot cleared also. Mr. Boucher explained that he made the
decision in haste based on the thought that the pepper trees were encroaching on the
neighbor to the south and FPL could not get to their transformer, so he believed this was a
good thing to do. Mr. Boucher said that if he had planned better, he would have inquired
further as to what was required by the City. Mr. Boucher further explained that the trees in
question were not recommended for planting according to the experts and he apologized
to the Board and to City staff and stated that he cleared the lot without thinking, it was not
with malicious intent, and he believes that the appearance of the lot has improved.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 102-39, Permits, of the City Code and be required to pay the penalty in the
amount of sixteen thousand four hundred and ten dollars ($16,410.00) as required by
Section 102-38(b)(1) and Section 102-38(b)(2).
City Attorney, Kate Latorre, explained to the Board that, if they find the respondent in
violation, the fine would be calculated based on the penalty provisions of the City Code.
Attorney Latorre stated that the Code Section 102-38(b) reads, "one or more of the
following civil fines shall apply"; and further advised that the Board could select either
Section 102-38(b)(1) or Section 102-38(b)(2) or both. Discussion followed.
Motion by Ms. Hartley, seconded by Mr. Hale, to find the respondent in violation and be
fined in accordance with Section 102-38-(b)(2); in the amount of six thousand eight
hundred dollars ($6,800.00). Vote on the motion carried unanimously.
ADJOURNMENT:
There being no furth�-eyr business the meeting adjourned at 8:27 P.M.
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a Mary Ru - eli, Chairperson
Joy I`ornbardi, Board Secretary