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Home My WebLink About06/19/08 CEB MINUTESCITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 19, 2008 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 19, 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 Edward Ciecirski Walter Godfrey James Hale Karen Hartley Lynn Mars OTHERS PRESENT Duree Alexander Jov Lombardi Bnh Hong Shannon Roberts Kate Latorre Chairperson Vice -Chairperson 1St Alternate Code Enforcement Officer Board Secretary Mayor Pro Tem City Council Member Assistant City Attorney The Board members established that the next meeting would be held on July 24, 2008. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: May 22. 2008. Motion by Mr. Biederman, seconded by Mr. Ciecirski, to approve the meeting minutes of May 22, 2008, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes June 19, 2008 Page 2 COMPLIANCE HEARINGS: Case No. 06-00126 — Violation of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-3.1, 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 is in non-compliance of the Board Order. Officer Alexander explained that the structure is encroaching into the setbacks and the permit has expired. She further stated that the respondent needs to meet with the Building Official to determine his options. William Forrester testified that at the Code Enforcement Board meeting in January, the City gave him three options: 1) Move the structure back where it was (8 feet into the setbacks) to give the neighbors parking access on his property. 2) Leave the structure where it is (2 feet into the setbacks) and put in pavers to allow neighbors parking access. 3) Take the structure down. Mr. Forrester stated that he has complied with option #2 and was under the impression that upon the completion of the parking issue he would be in compliance. Officer Alexander explained that a permit must be obtained for the structure in order to be in full compliance. Officer Alexander respectfully requested that the Board find the respondent in non-compliance of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, and be given until January 6, 2009 to come into compliance or be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on June 19, 2008. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non-compliance of the Board Order, and be given until January 6, 2009 to come into compliance or impose the fines retroactive from June 19, 2008. Vote on the motion carried unanimously. 2. Case No. 07-00117 — Violation of Section 34-98, Building Appearance & Maintenance: SeCtinn 3d-QQ Ctanriarriig Established; Section 82-12 Unsafe Buildings or Systems: Section 82-56, Standard Unsafe Building Abatement Code Adopted: and Section 110-334, Special Exceptions Permissible By the Board of Adjustment, of the City of Cape Canaveral Code of Ordinances. (104 Monroe Ave.) — Heath & Heath Systems, Inc., c/o Dawn M. Heath, R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and nresenteri P.Xhihits for the Board's review. Officer Alexander testified that Mr. Kappernaros ("Knr- Kapp°') thin purchaser under contract for the property, has c,,bmltte,4 an appllcatlon for a Special Exception fora car wash. Officer Alexander explained that the application is currently under review and tentatively scheduled for the July 9, 2008 Planning and Zoning Board meeting. Officer Alexander stated that Mr. Kapp's Attorney requested additional U(Iii;. Officer Alexander respectfully requested that the Code Enforcement Board find the respondent in non-complianceofSection 34-98, Building Appearance & Maintenance; Code Enforcement Board Meeting Minutes June 19, 2008 Page 3 Section 34-96, Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions Permissible By the Board of Adjustment, of the City of Cape Canaveral Code of Ordinances, and be given until September 25, 2008 to come into compliance or impose the fine of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) everyday thereafter, retroactive from February 21, 2008, until the respondent is found in compliance. Motion by Mr. Godfrey, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in non-compliance of the Amended Board Order, and be given until September 25, 2008 to come into compliance or impose the fines retroactive from June 19, 2008. Vote on the motion carried unanimously. 3. Case No. 08-00021 - Violation of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd.) — Pantelis Markogiannakis, Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 4. Case No. 08-00023 — Violation of Section 110-91, Conformity to Plans, Specifications, Intended Uses and Applications; Section 110-121, Certificate of Occupancy Required; and Section 110.1, Use and Occupancy; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (576-580 Casa Bella Dr.) — John R. Kancilia, Esq. R.A., William Young, MGRM. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. Case No. 08-00045 - Violation of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31 of the City of Cape Canaveral Code of Ordinances (5805 N. 'Banana River Blvd. #1115) — Christopher L. & Sandra A. Rankin, Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 2. Case No. 08-00061 — Violation of Section 102, Vegetation; Section 102-39. Permits; and Section 102-38, Enforcement & Penalties, of the City of Cape Canaveral, (8800 Seashell La.) — Stephen & Sunia C. Piermont, 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 the removal of two trees without a permit. Officer Alexander stated that the property owners said that they were not aware that they needed a permit. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102, Vegetation; Section 102-39, Permits; and impose the fines in accordance with Section 102-38(b)(1) $250.00 per tree for a total of $500.00 and/or Section 102- Code Enforcement Board Meeting Minutes June 19, 2008 Page 4 38(b)(2) $100.00 per dbh (diameter at breast height) for a total of $2,300.00. Discussion followed. Motion by Mr. Viens, seconded by Mr. Godfrey, to find the respondent in violation of Section 102-39, Permits, of the City of Cape Canaveral Code of Ordinances and impose a fine of five hundred dollars ($500.00) in accordance with Section 102-38(b)(1). Vote on the motion carried by a 6 to 1 majority with Mr. Ciecirski against. ADJOURNMENT: There being no further business the meeting adjourned at 7:50 P.M. Approved on this % day of , 2008. i V I 1')] &22 � --- �/ - Mary Rus II, Chairperson Joy Lombardi, Board Secretary