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Home My WebLink AboutCEB MINUTES ~ 04-23-09CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 23, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 23, 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 James Hale Karen Hartley Lynn Mars Ralph Lotspeich EMBERS ABSENT Walter Godfrey OTHERS PRESENT Duree Alexander .Joy Lombardi Todd Morley Bob Hoog Kate Latorre Chairperson Vice -Chairperson 1 st Alternate 2"d Alternate Code Enforcement Officer Board Secretary Building Official Mayor Pro Tem Assistant City Attorney The Board members established that the next meeting would be held on May 21, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: March 19, 2009. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of March 19, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 23, 2009 Page 2 PUBLIC HEARINGS: Case No. 08-00124 — 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, (221 Columbia Dr. #124) The Plaza Owners Association, Inc., c/o Darlene A. Brinkley, R.A., Ernest W. Lanaris. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 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 Yokkoyama, ET AL. Code Enforcement Officer, Duree Alexander requested that this Case be tabled until the next scheduled meeting. Motion by Mr. Viens, seconded by Mr. Hale, to table this Case until May 21, 2009. Vote on the motion carried unanimously. 3. Case No. 09-00028 — Violation of Section 34-98(6), Article 111, Buildino Appearance & Maintenance; Section 82-12, Unsafe Buildings or Systems, of the City of Cape Canaveral Code of Ordinances- and Section 304,1 _ Interior Structure General, Section 304.2, Structural Members, 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, Phase 1, c/o Mari! ren 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 testified that a complaint was filed for the condition of the roof. Officer Alexander stated that the condominium association had a permit for the roof repairs but flirt not repair an area under the air conditioner unit above unit #4. Officer Alexander informed the association of the problem and they stated that the work would not be done. Rosanne Scirotto, unit owner, testified that she had a home inspection report from September 2006 that documented structural damage and mold. Ms. Scirotto stated that she had a mold assessment report from October 2006. She further stated that the association knew of the problem and refused to repair the roof. Jack Kenney, Vice -President of the Association, testified that the association did not repair the roof over unit #4 because the owner did not pay the assessment fees for the roof repairs. Mr. Kenney stated that the air conditioner unit leak is causing the damage to the roof. He further stated that the unit owner was informed of the leak, had been asked to repair the condensation line to drain properly but has not. Code Enforcement Board Meeting Minutes April 23, 2009 Page 3 It was the consensus of the Board that the money issues are a civil matter between the association and the owner; and the only concern for the Code Enforcement Board is whether the roof is in violation or not. They further stated that the roof repairs are the responsibility of the association. Discussion followed. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-98(6), Article III, Building Appearance & Maintenance; Section 82-12, Unsafe Buildings or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure, General; Section 304.2, Structural Members, 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 June 13, 2009 to come into compliance or be fined as a repeat violator in the amount of one hundred dollars ($100.00) for the first day and two hundred dollars ($200.00) per day thereafter Until fniin Vl in Compliance. DicCUSSion followed regarding the amount of fine. Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in violation, and be given until June 13, 2009 to come into compliance or be fined one hundred dollars ($100.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 4. Case No. 09-00022 — Violation of Section 102, Vegetation; Section 102- 38(a)(b)(1), Enforcement and Penalties; Section 102-39(a), Permit Required; Section 102-40(x)(6), Permit Criteria, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot, West of 6395 N. Atlantic Ave.) — Banana River LP aka Banana River of Delaware LTD c/o Helen M. Ward R.A. North Atlantic Avenue Properties, LLC, c/o Helen M. Ward, R.A., Steven J. Porter, Trustee, John K. & Michelle J. Porter, H/W. Code Enforcement Officer, Duree Alexander provided and 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 the required permit. Officer Alexander explained that a stop work order was place on the property for the land clearing. 011cer Alexander stated that a site visit with the City Arborist, Kay McKee revealed that only pepper trees were removed. Officer Alexander further stated that the City is working to revise the tree ordinance. John Porter, property owner, testified that he did not know that a permit was required to remove the pepper trees. Mr. Porter submitted a property survey that showed all the native species that were still on the property. Mr. Porter further stated that his intent was Lo pl otect Lhe na Five trees by removing Lhe i11Va01Ve pepper tree) alld potato V111U0 that were killing the trees. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-39(a), Permit Required, of the City of Cape Canaveral Code of Ordinances, and impose the penalties as cited in Section 102-38(a)(b)(1), Enforcement and Penalties in the amount of forty-two thousand two hundred and fifty dollars ($42.250.00)_ Officer Alexander further requested that the Board make a recommendation to Council to reduce the fine to the costs associated with the enforcement of the violation. Code Enforcement Board Meeting Minutes April 23, 2009 Page 4 Assistant City Attorney, Kate Latorre, explained that the request for reduction of a fine is a separate hearing. She further explained that once the time to comply has passed, the fine will become a lien and the respondent can request a reduction or satisfaction of the lien. Motion by Mr. Viens, seconded by Mr. Mars, to find the respondent in violation and fine as per Section 102-38(a)(b)(1) in the amount of forty-two thousand two hundred and fifty dollars ($42,250.00). Vote on the motion carried unanimously. 5. Case No. 09-00025 — Violation of Section 102, Vegetation; Section 102- 38(a)(b)(1), Enforcement and Penalties; Section 102-39(a), Permit Required; Section 102-40(a)(6), Permit Criteria, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave. — Vacant area located to the North) — Supra Color Enterprises, Inc., c/o Kurt Tezel, R.A. Code Enforcement Officer, Duree Alexander provided and 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 the required permit. Officer Alexander explained that a stop work order was place on the property for the land clearing. Officer Alexander stated that a site visit with City Arborist, Kay McKee revealed that only pepper trees were removed. Officer Alexander testified that she has cited Mr. Tezel in the past for not clearing the front 15' of the lot abutting a public right of way. Kurt Tezel, property owner, testified that he went to great costs to protect the native trees on the property during the removal of the pepper trees and he believes that the native trees are a great asset to the property. Mr. Tezel stated that he was not aware that a permit was needed. And further stated that he knew what his fate was because of the previous Case and that he would have to go through the process to request a reduction of the fine. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-39(a), Permit Required, of the City of Cape Canaveral Code of Ordinances, and impose the penalties as cited in Section 102-38(a)(b)(1), Enforcement and Penalties in the amount of thirty -foul thousand seven hundred and thli t -iiJe dollars ($31+,735.00). Officer Alexander further requested that the Board make a recommendation to Council to reduce the fine to the costs associated with the enforcement of the violation. Motion by Mr. Viens, seconded by Mr. Biederman, to find the respondent in violation and fine as per Section 102-38(a)(b)(1) in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00). Vote on the motion carried unanimously. 6. Case No 09-00036 — Violation of Section 102, Vegetation; Section 102= 38(a)(b)(1)(2), Enforcement and Penalties; Section 102-39(a), Permit Required; Section 102-49(a)(b), Remedial Action, of the City of Cape Canaveral Code of Ordinances, (150-164 Johnson Ave.) — Avon Terrace LLC, c/o David B. Daley, R.A. 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 Code Enforcement Board Meeting Minutes April 23, 2009 Page 5 the trees in question were Norfolk pine trees and although they are not listed as native or nuisance tree list City Arborist, Kay McKee said that the tree is a not invasive but the tree can grow to be 60' tall and the root system can be damaging to property. David Dailey testified that he was unaware that a permit was required. He wanted to remove the trees because the roots were beginning to damage property and they were protruding above the ground potentially causing a trip hazard for his tenants. He presented photographs to the Board. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-39(a), Permit Required, of the City of Cape Canaveral Code of Ordinances, and impose the penalties as cited in Section 102-38(b)(1), Enforcement and Penalties in the amount of five hundred dollars ($500.00). Motion by Mr. Viens seconded by Mr. Halg to final they respondent in violation and fine as per Section 102-38(b)(1) in the amount of five hundred dollars ($500.00). Vote on the motion carried unanimously. OLD BUSINESS: 1. Case No. 08-00142 — Violation of Section 102, Vegetation; Section 102- 3.8_(a)(b)(1)(2), Enforcement and Penalties; Section 102-39(a) Permit Required; Section 102-49(a)(b), Remedial Action, of the City of Cape Canaveral Code of Ordinances, (210 Canaveral Beach Blvd.) — John L. Ribar & Rick A. Kendust ET AL. (Application for Satisfaction or Release of Code Enforcement Lien.) Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history 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, which are an invasive species. Officer Alexander explained that staff is going to recommend that the City Council does not require the respondent to mitigate the tress because they were invasive. Mr. Ribar testified that he was not aware that a permit was needed to remove the trees, He stated that the trees were damaging property so he had them removed. Mr. Ribar requested that the Board recommend that City Council satisfy the lien for the total amount. Motion by Mr. Viens, seconded by Mr. Hale, to recommend that City Council satisfy the lien in the amount of seven hundred and fifty dollars ($750.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 23, 2009 Page 6 "WelyJ V 01_8I:1041 There being no further bupiness the meeting adjourned at 8:54 P.M Approved on this a/ day of 2009. V ' Mary Ru II, Chairperson Joy Lombardi, Board Secretary