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Home My WebLink AboutCEB MINUTES ~ 07-23-09CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JULY 23, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on July 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 Walter Godfrey James Hale Karen Hartley Lynn Mars Ralph Lotspeich Charles Biederman Ra%nnri Vieng PRESENT Duree Alexander Joy Lombardi Bob Hoog Kate Latorre Chairperson 1St Alternate Vic=--Ch;airr%=rcnn "r_'-_ OTHERS Code Enforcement Officer Board Secretary Mayor Pro Tem Assistant City Attorney The Board members established that the next meeting would be held on August 20, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1 _ Approval of Meeting Minutes: May 21, 2009. Motion by Ms. Hartley, seconded by Mr. Hale, to approve the meeting minutes of May 21, 2009, as written. Vote on the motion carried unanimously_ Code Enforcement Board Meeting Minutes July 23, 2009 Page 2 COMPLIANCE HEARINGS: Case No. 08-00143 —Violation of Section 102 Tree Protection; and Section 102- 38, Enforcement and Penalties; Section 102-39(a), Permits, of the City of Cape Canaveral Code of Ordinances, (211/213 Jefferson Ave.) — Gerry Schmitz, Prnnertx/ (xAminr 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 respondent has requested additional time to work on the tree replacement remediation with the Building Official. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 102, Tree Protection; and Section 102-38, Enforcement and Penalties; Section 102-39(a), Permits, of the City of Cape Canaveral Code of Ordinances, and amend the Board Order to give the respondent until August 20, 2009 to come into compliance and meet the tree replacement remediation requirements per Section 102-49(b). Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in non-compliance, and be given until August 20, 2009 to come into compliance and meet the tree replacement remediation requirements per Section 102- 49(b). Vote on the motion carried unanimously. 2. Case No. 09-00028 — Violation of Section 34-98(6). Article III. Buildin Appearance & Maintenance, of the City of Cape Canaveral Code of Ordinances-, and Section 304.1 Interior Structure, Section 304 .2, Structural Members of the International Property Maintenance Code: as adopted by Section 82-221, of the Cit of f Cape Canaveral Code of Ordinances. (8500 Rosalind Ave.) —Whispering Oaks Condo Ph 1. c/o Marilyn A. Rigerman, R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: Case No. 08-00198 — Violation of Section 34-96(d), Standards Established: and Section 110-335(1) Prohibited Uses and Structures, of the City of Cape Canaveral Code of Ordinances: and Section 303.1 General, Section 303.4 Structural Members, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (200 W. Central Blvd.)Abulahasem & Ahmad Nasajpour, Trustee. Code Enforcement Officer, Duree Alexander provided and overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that, after obtaining an inspection warrant, a site visit revealed multiple violations. Officer Alexander stated that the respondent has corrected a few of the violations on the r w r .nom f nc h ;, f - -_ --L----� -- -- N ..v. of, v ,v vu n, ewu uvi a. electrical uii uii:�u iv uii ui;iUi t., ulii..i electrical violations. Discussion followed. The respondent was not present at the meeting. Code Enforcement Board Meeting Minutes July 23, 2009 Page 3 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-96(d), Standards Established; and Section 110-335(1) Prohibited Uses and Structures, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; Section 303.4, Structural Members, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinnn('.AC Anil hi=_ nix/Pn f fntil ganfamhar 71 7nnA to r�nma intn rmmnlinnra nr ha fins rJ in the amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Motion by Mr. Hale, seconded by Ms. Harley, to accept staff's recommendation and find the respondent in violation, and be given until September 21, 2009 to come into compliance or be fined seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 2. Case No. 09-00035 — 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, (300 Beach Park La.) — Villages of Seaport Condo. c/o Russell d. Klemm, R.A. (Thomas Preston). 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 for work without a permit and the approved final inspection. Officer Alexander explained that Atlantic Air, Inc. pulled a permit that expired prior to obtaining an approved final inspection and a permit was applied for by Kabran A/C. Mrs. Angela Preston testified that Atlantic Air did not complete the work and they hired Kabran A/C to complete the work and call for the final inspection. Officer Alexander respectfully requested that the Board find the respondent in 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, and be given until September 21, 2009 to come into compliance or be t'.....A :... al..1 t t' 1� ![her_ nn� r i �� iii eU ff f Life amount of seventy-five dollars lit 5.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation, and be given until September 21, 2009 to come into compliance or be fined seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 3. Case No. 09-00104 —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 Cit off Cape Canaveral Code of Ordinances. (325 Ocean Park Lai — Villacles of Seaport Condo._ c/o Russell d. Klemm. P..A. (Lenard D. & Ana Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. Code Enforcement Board Meeting Minutes July 23, 2009 Page 4 4. Citation No. 0038 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances (226 Harbor Dr.) Victoria Tucker, Contractor. Code Enforcement officer, Duree Alexander stated that the respondent requested to postpone this item until the next scheduled meetina. Brief discussinn folinwed- Motion by Mr. Lotspeich, seconded by Mr. Godfrey, to postpone until the August 20, 2009 meeting date. Vote on the motion carried unanimously. OLD BUSINESS: Case No. 09-00041 —Violation of 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, (7081 Ridgewood Ave.) — Casa Del Mar Condo Assoc. of Brevard, c/o Alice Neilsen R.A. (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 respondent is requesting that the Code Enforcement Board recommend that council satisfy the lien in the amount of two hundred and fifty dollars ($250.00). Discussion followed regarding staff costs associated with the case. Ms. Neilsen stated that she was not aware of additional costs and questioned what the amount was. Officer Alexander did not have the amount and said she would get back to her. Motion by Mr. Hale, seconded by Mr. Mars, to recommend that City Council satisfy the lien in the amount two hundred and fifty dollars ($250.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes July 23, 2009 Page 5 01 Well UT51:4015 There being no further business the meeting adjourned at 8:09 P.M. Approved on this day of , 2009. Mary Russell, Chairperson Joy Lombardi, Board Secretary