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HomeMy WebLinkAboutCEB MINUTES ~ 01-22-09CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 22, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 22, 2009, 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 Walter Godfrey James Hale Karen Hartley Lynn Mars MEMBERS ABSENT Charles Biederman Edward Ciecirski Ralph Lotspeich OTHERS PRESENT Duree Alexander Joy Lombardi Bob Hoog Kate Latorre Chairperson Vice -Chairperson 1St Alternate 2"d Alternate Code Enforcement Officer Board Cecreta r Mayor Pro Tei Assistant City Attorney The Board members established that the next meeting would be held on February 19, 2009. Assistant Citv Attorney Latorre swore in all persons giving testimnny. NEW BUSINESS: Approval of Meeting Minutes: October 23, 2008. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of October 23, 2008, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 22, 2009 Page 2 COMPLIANCE HEARINGS: 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 Ave. Joseph Blanchard, Property Owners. 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 and work with out the required permit. Officer Alexander testified that the respondent has repaired the building but he was not able to get the final inspection because the porch was not complete. Officer Alexander respectfully requested that the Board amend the Board Order to give the respondent until March 19, 2009 to come into compliance or the fines in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter be retroactively imposed beginning on October 23, 2008, Motion by Mr. Godfrey, seconded by Mr. Hale, to amend the Board Order to give the respondent until March 19, 2009 to come into compliance or the fines in the amount of seventy-five dollars ($75,00) for the first day and twenty-five dollars ($25.00) per day thereafter be retroactively imposed beginning on October 23, 2008. Vote on the motion carried unanimously. 2. Case No. 07-00117 — Violation of Section 34-98. Buildina Appearance & Maintenanre• Sertinn 34-96 Stanrjarri� F-,tahlich,-d: Section 82-17 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 presented exhibits for the Board's review. Officer Alexander stated that the special exception has been approved for the proposed use of the property as a car wash; the permit application package has been submitted to the City; and it is currently under review. Officer Alexander respectfully requested that the Board find the respondent in non- compliance and amend the Board Order to give the respondent until February 18, 2009 to come into compliance or the fines in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on February 21, 2008. Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in non-compliance, and be given until February 18, 2009 to come into compliance ..,. ... +L.... �:.. :.. +1,..,..,. amount ,,...X one hundred ..�,.��....,. �0`.1 nn nn\ r.,._ a4._ r:__a A_. i,vrnNnan�,c yr ais fines, u� urs airwurn v1 vnc 11urU U uvnars �.p ivv.vv► IU Lll uisi ua_y and fifty dollars ($50.00) per day thereafter, be retroactively imposed beginning on February 21, 2008. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 22, 2009 Page 3 3. Case No. 07-00213 - Violation of Section 31.3.4, Detection. Alarm. & Communications Systems; Section 31.3.4.1, General; and Section 31.3.4.1.1 Apartment Buildings, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (120 Seaport Blvd.) — Villages of Seaport Condo. Association, c/o Russell E. Kemm, R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 4. Case No. 08-00138 — Violation of Section 34-122 Public Nuisances Prohibited; Section 34-126, Remedy by the City; and Section 110-551, Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances (201 Harbor Dr.) — Joan Marie Brown, Trustee. 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 an overgrown lot and untagged vehicles. Officer Alexander testified that several site visits revealed that the respondent is not in compliance. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 34-122(a), Public Nuisances Prohibited; and Section 110- 551(2)(d)(f), Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances, and impose the fine in the amount of seventy-five dollars ($75.00) for the first day and t3n,entx,-fi_,e rinllarcz lt^� = r,, --.%r da" thereafter retr:;ci;t'yu frrwn (1f e%ker ^3 ^t�n8 j' ) .. y.�.......P I..v. u , v n vvwuv, — , _'vvv until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non=compliance, and impose the fine in the amount of seventy-five .3..m 11.. ,... I6 7G Pill\ t®.o J.1 -s r__4 A _j a a Z. __ e_1� t t __ _ _ culla s kpl o uu) iut life hist uay aiiu lwenly-Ilvt dollars ($i�.�'1!) per day thereafter, retroactive from October 23, 2008_ Vote on the motion carried unanimously, PUBLIC HEARINGS: Case No. 08-00127 — Violation of Section 34-96. Standards Established: Section 34-97. Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances: and Section 304.1 Interior Structure: Section 304 .3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (8740 Croton Ct.) Robert B. Muckenfuss, 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 a complaint was filed for the condition of the property. Officer Alexander stated that a site visit revealed trash & debris, a broken window, the ceiling falling down (viewed through an open sliding glass door), mold, and there were concerns regarding the roof condition. Mr. Morley, Building Official posted the property "Restricted Access" and stated that there was evidence of a severe roof leak and that there were concerns regarding adequacy of the s—tura! membor­ Code Enforcement Board Meeting Minutes January 22, 2009 Page 4 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-96(b)(d), Standards Established; Section 34-97(a)(1), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure; and Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and be given until February 19, 2009 to come into compliance or the fine in the amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on January 22, 2009. Discussion followed regarding amending the recommendation to increase the fines. Motion by Mr. Godfrey, seconded by Mr. Viens, to find the respondent in violation, and be given until February 19, 2009 to come into compliance or the fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter be retroactively imposed beginning on January 22, 2009. Vote on the motion carried unanimously. 2. Case No. 08-00142 — Violation of Section 102. Vegetation; and Section 102-39 Permits, of the Cit of Canaveral Code of Ordinances. (210 Canaveral Beach Blvd.) — John L. Ribar & Rick A. Kendust ET AL. 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 the removal of trees without the required permit. Officer Alexander further stated that the trees in quest- i ;,^— e Austi ali .. pi e trees. Mr. Godfrey stated that the Florida Legislature passed a law that required the removal of these invasive trees or be fined, Officer Alexander then stated that she was not aware of that law and therefore must follow the City Ordinance as it is written. Assistant City A tt_..__._.1.,— 1 —i_____ _t_i__111__1 _1__ _.__..e 1 __ _ _ _ � .� Floridan. /kELU11,�y, Neale LdLUIFU, sLaLeU that she would research the FldStatues and report back to the Board. Discussion followed. Motion by Mr.. Hale, seconded by Mr. Viens, to postpone Case No. 08-00142 until February 19, 2009 meeting for additional information. Vote on the motion carried unanimously. Mr. Ribar stated that he owns several properties in Cape Canaveral and has been a long time resident of the City. Mr. Rebar explained that the trees were damaging the underground lines, the fence, and the building so he asked a lawn care company to clean up the property and remove these trees. He said that he was not aware that a permit was needed to remove the nuisance. 3. Case No. 08-00143 — Violation of Section 102. Vegetation: and Section 102-39 Permits, of the City of Cape Canaveral Code of Ordinances (211/213 Jefferson Ave.) — G. Schmitz, 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 ti ie destruction of tvvo ii vc o"uk tr ees. vffiicr Aiexalidcr explained icd that excessive trimming i n i iii 1g is prohibited. It was the opinion of the City arborist that the trees would not survive this Code Enforcement Board Meeting Minutes January 22, 2009 Page 5 kind of severe pruning; there are no branches left and no foliage. She further stated that if the trees did sprout, they would never have the structure to support growth. Mr. Schmitz testified that he allowed his neighbor to "trim" the trees to get them out of the power lines and it was the opinion of his neighbor that the trees would not die. Mr. Schmitz presented photos of the trees showing that one had new growth. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-38(2)(1), Enforcement and Penalties, and Section 102-39, Permits of the City of Cape Canaveral Code of Ordinances, and the respondent be fined in the amount of five hundred dollars ($500.00) and be given until March 19, 2009 to comply and to meet the tree replacement remediation requirements as per Section 102-49(b). Discussion followed. Mr. Hale questioned whether they could fine the respondent for two trees when one was not dead yet. It was the consensus of the Board Members to fine Mr. Schmitz for one tree. Motion by Mr. Viens, seconded by Mr. Godfrey, to find the respondent in violation, and impose a fine in the amount of two hundred and fifty dollars ($250.00) and be given until March 19, 2009 to comply and to meet the tree replacement remediation requirements as per Section 102-49(b). Vote on the motion carried unanimously. 4. Case No. 0800181 - Violation of Section 110.334 Special Exceptions of the Cit ofCape Ca ---r-I f- - f4 f tS d' � 5 N 4.1 -44- AS N RA- RA c.aYv Can IU YL voce o1 VI II1011Les { % %JVI! 1 /-%LI011LR-yC-; — JV1141y lyl- Beasley, Trustee. 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 ,car outside display of merchandise without the required special exception. Officer Alexander stated that numerous site visits revealed the outside display of merchandise. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 110-334, Special Exceptions, of the City of Cape Canaveral Code of Ordinances, and the respondent be fined one hundred and fifty dollars ($150.00) for every day that the violation reoccurs. Motion by Mr. Viens, seconded by Mr. Godfrey, to find the respondent in violation, and impose a fine in the amount of one hundred and fifty dollars ($150.00) for every day that the violation reoccurs. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:19 P.M. Approved on this/ --day of c i? ` cyi1 2009. Mary Rus ell, Chairperson Joy Lo-rhbardi, Board Secretary