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Home My WebLink AboutCEB MINUTES ~ 03-19-09 REVISEDCITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REVISED MEETING MINUTES MARCH 19, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on March 19, 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 Charles Biederman Waiter Godfrey James Hale Lynn Mars Ralph Lotspeich I►yi121LVA 1-.1:4m`7,\II Edward Ciecirski Karen Hartley OTHERS PRESENT Duree Alexander Joy Lombardi Dennis Clements Bob Hoog Kate Latorre Chairperson Vice -Chairperson 1 st Alternate 2"d Alternate Code Enforcement Officer Board Secretary Acting Building Official Mayor Pro Tem Assistant City Attorney The Board members established that the next meeting would be held on April 23, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: January 22, 2009. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of January 22, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 19, 2009 Page 2 COMPLIANCE HEARINGS: Case No. 07-00117 — Violation of Section 34-98(4)(8), Building Appearance & Maintenance; Section 34-96(d), Standards Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Article III Unsafe Building Abatement Code Adopted, of the City of Cape Canaveral Code of Ordinances, (104 Monroe Ave.) — Heath & Heath Systems, Inc., c/o Dawn M. Heath, R.A. (Director). 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 unsafe structure, building maintenance, and the condition of the property. Officer Alexander testified that the special exception has been approved for the car wash and the building permit application package has been submitted and is under review. Ron Lovell, general contractor for the project, stated that the final building plan has been submitted and is under review. Mr. Lovell requested an extension of time stating that if there were additional comments, they would have to be sent to the architects and that takes time. Officer Alexander respectfully requested that the Board find the respondent in non- compliance and amend the Board Order to give the respondent until April 23, 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. Discussion followed regarding the amount of the extension_ Mr. Lovell stated that he did not foresee any problems, however he explained that one month may not be enough time due to the time it takes to receive the comments from architects. It was the consensus of the Board that they would not be opposed to an additional extension of time if needed. Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in non-compliance, and be given until April 23, 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. Vote on the motion carried unanimously. 2. Case No. 08-00127 — 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, General, 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 failing down (viewed through an open sliding glass door), mold, and there were concerns regarding the roof condition. Code Enforcement Board Meeting Minutes March 19, 2009 Page 3 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 structural members. Officer Alexander reported that the respondent is not in compliance. Officer Alexander respectfully requested that the Board find the respondent in non- compliance 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 impose 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. Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non-compliance, and impose the fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter, retroactive from January 22, 2009. Vote on the motion carried unanimously. 3. Case No. 08-00138 — Violation 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, (201 Harbor Dr.) — Joan Marie Brown Trustee. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: Case No. 00-00142 — Violation of Section 102, Vegetation: Section 102- 38(a)(b)(1)(2), Enforcement and Penalties: Section 102-39(a), Permit Required; Section 102-49 fab), Remedial Action, of the City of Cape Canaveral Code of Ordinances, (210 Canaveral Beach Blvd.) — John L. Ribar & Rick A. Kendust ET AL. Code Enforcement Officer, Duree Alexander provided and 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 question were Australian pine trees. Officer Alexander explained that this Case was postponed from the previous meeting for additional information and research of the Florida State Statue 369.251, which states that a person may not sell, transport, collect, cultivate, or possess sever al invasI Ve pecie� of trees. Asslstal It City Attorl ley, Kate Latorre stated that this does not forgive the permitting requirement of the City as per Section 102-39. Officer Alexander explained that the intent of the City Code as per Section 102-37(c) is for protection of trees native to central Florida and the trees on the desirable species list and to encourage proper removal of exotic, nest trees. Code Enforcement Board Meeting Minutes March 19, 2009 Page 4 Mr. Ribar testified that he was not aware that a permit was needed to remove the trees. He stated that the trees were damaging underground lines, the fence, and the building so he asked a landclearing company for an estimate to remove the trees and how soon they could do the work. They told him they could start immediately, so the trees were removed. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-39, Permits, of the City of Cape Canaveral Code of Ordinances, and the respondent be fined seven hundred and fifty dollars ($750.00) per Section 102-38(b)(1), and the respondent be given until May 20, 2009 to comply and to meet the tree replacement remediation requirements per Section 102-49(b). Motion by Mr. Viens, seconded by Mr. Godfrey, to find the respondent in violation and impose a fine in tha amniint of coven hiinMlrarj and fifFy dollars ($7�n.00) and he given Until May 20, 2009 to comply and to meet the tree replacement remediation requirements as per Section 102-49(b). Vote on the motion carried unanimously. 2. Case No. 08-00172 —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, (337 Coral Dr.) Kathleen Harer & Margaret Yokoyama, Trust. 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. 3. Case No. 09-00005 — Violation of Section 94-6(h), Prohibited Signs and Features; and Section 94-77, Signs in Violation. of the City of Cape Canaveral Code of Ordinances, (Vacant Lot on Astronaut Blvd. — Part of SE % As Desc. in ORB 3677 PG 4215) — Sheldon Cove, LLP c/o William R. Mays, R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance DISCUSSION: Mr. Hale asked the if it would be appropriate for the Code Enforcement Board to express their confidence in Mr. Morley's abilities, integrity, and professionalism to the City Council. Assistant City Attorney, Kate Latorre stated that the position of Building Official is relevant to the actions of this Board. Attorney Latorre explained that the Board could pass a resolution, send a representative to the next City Council Meeting, or make a motion to go on , eM d for many. Motion by Mr. Hale, seconded by Mr. Mars, to express the Code Enforcement Board's confidence in Mr. Morley's abilities, integrity, and professionalism to the City Council. Vote on the motion carried unanimously. Chairperson. Mary Russell explained that the discussion is renardinn the rPsinnatinn of Mr Morley under duress, and there has been publicity regarding the decision. Ms. Russell stated that Mr. Morley has been very supportive of the Code Enforcement Board. Code Enforcement Board Meeting Minutes March 19, 2009 Page 5 ADJOURNMENT: There being no furtherbqsiness the meeting adjourned at 8:07 P.M. Approved on this �1 day of , 2009. -- - -----Mary Russ 1, Chairperson Joy Lombardi, Board Secretary