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Home My WebLink About09/18/08 CEB MINUTESCITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 18, 2008 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on September 18, 2008, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Vice Chairperson Raymond Viens called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Raymond Viens Charles Biederman Walter Godfrey James Hale Lynn Mars MEMBERS ABSENT Mary Russell Edward Ciecirski Karen Hartley OTHERS PRESENT Duree Alexander Joy Lombardi Bob Hoog Shannon Roberts Kate Latorre Vice -Chairperson 1 st Alternate Chairperson 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 October 23, 2008. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 31, 2008. Motion by Mr. Biederman, seconded by Mr. Hale, to approve the meeting minutes of July ,�� onnsz as written. Vote on the motion carried unanimously. V 1 L V V V Code Enforcement Board Meeting Minutes September 18, 2008 Page 2 COMPLIANCE HEARINGS: Case No. 08-00083 — Violation of Section 105.1 Permit Reguired; 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 (5801 N Atlantic Ave Unit 703) — Edward W. & Jessie Dora Ciecirski Property Owners Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 06-00087 — Violation of Section 34-96(a)(b), Standards Established: Section 34-98(b), Building Appearance and Maintenance of the City of Cape Canaveral Code of Ordinances; and 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 (8303 Rosalind Aver Sharon M. Clark, Property Owners. Code Enforcement Officer, Duree Alexander requested that this Case be withdrawn from the agenda due to the fact that proof of proper notification had not been received. 2. Case No. 08-00106 — Violation of Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances: and Section 303.7. Roofs and Drainage of the International Property Maintenance Code as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances (8500 Rosalind Ave.) Whispering Oaks Condo Assoc of Brevard Inc c/o Marilyn A. Rigerman, R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the violation is for building maintenance. Officer Alexander testified that a site visit revealed a roof leak and interior damage. Penny Curcio, President of the Condominium Association, testified that they have a proposal from Joseph Horschel, Roofing Contractor, for the repair of the roof. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 303.7, Roofs and Drainage, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of rirdinar ces and .hie given until veL Lb r 23, I-UUU to 11e 11ILU I1pllal lice of Ue fil led one 0 hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter be retroactively imposed beginning on September 18, 2008. Discussion followed. Motion by Mr. Godfrey, seconded by Mr. Hale, to find the respondent in violation, and be given until October 23. 2008 to come into cnmnlianCP or he fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter and be retroactively imposed beginning on September 18, 2008. Vote on the motion carried unanimously. Enforcement Board Meeting Minutes September 18, 2008 Page 3 3. Case No. 08-00115 — Violation of Section 80-4, Compliance (Vehicles for Hire): Section 80-26, Certificate of Public Convenience & Necessity License; and Section 110-551(h), Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances, (360 Monroe Ave.) Thurston W. Kirby Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the violation is for parking commercial vehicles in a residential zoning district. Officer Alexander testified that the respondent was cited on several occasions and he reported that the vehicles would be relocated to Merritt Island. On August 4, 2008, a complaint reveled that the cabs were being stored on the property again. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 80-4, Compliance (Vehicles for Hire); Section 80-26, Certificate of Public Convenience & Necessity, License; and Section 110-551(h), Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances, and cease and desist any further storing or parking of commercial vehicles on the property or be fined as a repeat violator. Motion by Mr. Hale, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in violation of Section 80-4, Compliance (Vehicles for Hire); Section 80-26, Certificate of Public Convenience & Necessity, License; and Section 110-551(h), Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances. Vote on the motion carried unanimously. 4. Citation No. 0063 — Violation of Section 82-375 Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances (8775 Oleander Ct.) Dan Higgins, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the citation history and presented exhibits for the Board's review. Officer Alexander testified that the citation was issued for roof work without a permit. Officer Alexander stated that the respondent requested a hearing before the Code Enforcement Board appeal the citation. Dan Higgins, property owner, testified that he was not aware that a permit was needed to repair the roof and further stated that he has applied for the permit. Mr. Higgins requested that the citation be revoked. Officer Alexander respectfully requested that the Board find the respondent in violation of Se ioi i VG -J 1 J, �.o� �sL� u�uvi � �,�� itr acus �� r�LlRegulation V1 Ll of ane �.ity or Cape Canaveral Code of Ordinances and reduce the civil citation fine to one hundred dollars ($100.00) and require the respondent to obtain the permit and inspections. Attorney Latorre stated that the City Ordinance does not allow for a penalty in the amount of $100.00. She explained that the civil penalty could be not less than $500.00 and not tY1n1e that $1,000.00_ HoweveC tile_ Board has the option to dismiss the e-i+a+iv^n based on the following criteria, the gravity of the violation, the action taken to correct the violation, and any previous violations. Discussion followed. Code Enforcement Board Meeting Minutes September 18, 2008 Page 4 Motion by Mr. Mars, seconded by Mr. Hale, to dismiss the civil citation and find the respondent in violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances. Vote on the motion carried unanimously. 5. Citation No. 0065 — Violation of Section 82-375 Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances (8661 Villa Nova Dr.) Michael J. Katsarakes Contractor. Code Enforcement officer, Duree Alexander stated that the respondent requested to postpone this item until the next scheduled meeting. Brief discussion followed. Motion by Mr. Hale, seconded by Mr. Godfrey, to postpone until the October 23, 2008 meeting date. Vote on the motion carried unanimously. 6. Citation No. 0066 — Violation of Section 82-375 Construction Contractinq Regulation Violation, of the City of Cape Canaveral Code of Ordinances (8657 Villa Nova Dr.) Michael J. Katsarakes Contractor. Code Enforcement officer, Duree Alexander stated that the respondent requested to postpone this item until the next scheduled meeting. Brief discussion followed. Motion by Mr. Hale, seconded by Mr. Godfrey, to postpone until the October 23, 2008 meeting date. Vote on the motion carried unanimously. 7. Citation No. 0067 — Violation of Section 82-375 Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances (8652 Villa Nova Dr.) Michael J. Katsarakes Contractor. Code Enforcement officer, Duree Alexander stated that the respondent requested to postpone this item until the next scheduled meeting. Brief discussion followed. Motion by Mr_ Hale, seconded by Mr. Godfrey, to postpone until the October 23, 2008 meeting date. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 7:58 P.M. Approved on this "�F S day of fE Joy Lombardi, Board Secretary r ` tt Viens, Vic Chairperson � �"'�`+.��- r i J