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HomeMy WebLinkAboutCEB MINUTES ~ 11-19-09CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES NOVEMBER 19, 2009 7 -nn PnA A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on November19, 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 James Hale Karen Hartley Lynn Mars MEMBERS ABSENT Walter Godfrey Ralph Lotspeich OTHERS PRESENT Duree Alexander Michael Richart Joy Lombardi Bob Hoog Kate Latorre Todd Morley Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Board Secretary Mayor Pro Tem Assistant City Attorney Building Official The Board members established that the next meeting would be held on December 17, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: October 22, 2009. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of October 22, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 19, 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, testified that this Case is in compliance. 2. 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 302.1 Vacant Structures and Land; Section 304.1 Interior Structure; Section 304.2 Structural Members; 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.) - Chase Home Finance, LLC, C/O David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. Code Enforcement Officer, Duree Alexander, stated that this Case was re -noticed and should be heard under public hearings (item -I+5); due to the fact that the owner of the property changed. 3. 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, 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 the violation is for the destruction of a tree. Mr. Gerry Schmitz testified that the tree was cut by a neighbor. Mr. Schmitz stated that he did not have the funds to pay the fine and would request a satisfaction of the lien. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 102-39(a), Permit Required, of the City of Cape Canaveral Code of Ordinances, and impose the fine in the amount of two hundred and fifty dollars ($250.00). Motion by Ms. Hartley, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non-compliance and impose the fine in the amount of two hundred and fifty dollars ($250.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 19, 2009 Page 3 PUBLIC HEARINGS: Case No. 09-00162 — Violation of Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances: and Section 303.1 General; and Section 303.2 Protective Treatment of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (242 Canaveral Beach Blvd.) - Eudora R. & Leander D. George, Property Owners. Code Enforcement Officer, Mike Richart, provided an overview of the Case history and presented exhibits for the Board's review. Officer Richart testified that he received a complaint regarding the overgrown lot and the disrepair of a front window. Officer Richart stated that a site visit revealed the respondent cut the grass but did not repair the window. Officer Richart respectfully requested that the Board find the respondent in violation of Section 303.1, General; and Section 303.2, Protective Treatment, 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 December 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 November 9, 2009. Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in violation, and be given until December 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 November 19, 2009. Vote on the motion carried unanimously. 2. Case No. 09-00117 - Violation of Section 82-12. Unsafe Buildina or Svstems. of the City of Cape Canaveral Code of Ordinances: and Section 303.1. General; and Section 303.2 Protective Treatment; Section 303 .4, Structural Members: Section 303.6 Exterior `,galls; 303.16 Doors: Section 304 1 General: 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 290 Cape Shores Circle — Banana River LP dba Banana River of Delaware LTD. c/o Helen M. Ward, R.A. Code Enforcement Officer, Mike Richart, provided an overview of the Case history and presented exhibits for the Board's review. Officer Richart testified that the violation is for an unsafe structure and stated that the property was posted Unsafe - Do Not Occupy. Code Enforcement Officer, Duree Alexander, explained that the respondent expressed his apologies to the Board for his absence; he had a previous obligation for a Brevard County charter review meeting. Code Enforcement Board Meeting Minutes November 19, 2009 Page 4 Officer Richart respectfully requested that the Board find the respondent in violation of Section 82-12, Unsafe Building or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment; Section 303.4, Structural Members; Section 303.6, Exterior Walls; 303.16, Doors; Section 304.1, General; 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 60 days from November 3, 2009 (January 2, 2010) to come into compliance by obtaining a permit to repair or demolish the building. Motion by Mr. Hale, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in violation and be given until January 2, 2010 to come into compliance by obtaining a permit for repair or demolition of the building. Vote on the motion carried unanimously. 3. Case No. 09-00148 — Violation of Section 34-97 Duties and Responsibilities for Maintenance; and Section 34-98, Buildinq Appearance and Maintenance of the City of Cape Canaveral Code of Ordinances, (6395 N. Atlantic Ave) —Banana River LP, dba Banana River of Delaware, LTD; North Atlantic Properties LLC; Helen M. Ward, R.A. C'nrie Fnfprremnrnt (lffr�er rluiree Alexa^der, provided ail ovei view of the ^lase history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the exterior of the building and parking lot. Officer Alexander stated that the Building Official, Todd Morley, posted the property with an Unsafe - Do Not Occupy notice. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-97(a)(1), Duties and Responsibilities for Maintenance; and Section 34- 98(4)(6), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, and be given until January 2, 2010 to come into compliance by obtaining the required permits and commencing work within the 60 days. Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation and be given until January 2, 2010 to come into compliance by obtaining permits for the repairs and commencing work. Vote on the motion carried unanimously. 4. Case No. 09-00073 — Violation of Section 34-98 Building Appearance & Maintenance: Section 34-122, Public Nuisances Prohibited; and Section 34-126 Remedy by the City, of the City of Cape Canaveral Code of Ordinances (217 Johnson Ave.) — Jerrod D. Shaw, 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 the violation is for the condition of the exterior of the building and yard. Officer Alexander explained that the arlinininn nrnnartynwner filarl a rmmnlnin+ andcomplaintand c+n+statcd +hn+ chc hid water damage to her unit. Officer Alexander further stated that a site inspection revealed that the site was in poor condition and appeared to be abandoned. Code Enforcement Board Meeting Minutes November 19, 2009 Page 5 Daniel Druin, neighbor at 215 Johnson Avenue, stated that the property was used for weekend rentals that would get out of control with loud parties. Mr. Druin explained that the owner would not respond so he called the police. He said that the property is in disarray with trash and rats. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-98,(4)(6), Building Appearance & Maintenance; Section 34-122,(a), Public Nuisances Prohibited; of the City of Cape Canaveral Code of Ordinances. A fine in the amount of one hundred and fifty dollars ($150.00) for the first day of non-compliance, and seventy-five dollars ($75.00) everyday thereafter, until found in compliance and all costs associated with the enforcement of the violation be imposed. Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in violation, and impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day (November 19, 2009) and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 5. Case No. 08-00127 — Violation of Section 34-96, Standards Established: Section 34-97. Duties and Responsibilities for Maintenance of the Cit of Canaveral Code of Ordinances: and Section 302.1 Vacant Structures and Land; Section 304.1 Interior Structure; Section 304.2 Structural Members; Section 304 .3, interior Surfaces, of the international Property Maintenance pie Mode as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances (8740 Croton Ct.) - Chase Home Finance, LLC, C/O David B. Lowman Manager; Kim D. Greaves. Manager: & CT Corporation Systems. 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 structural members. The Case was found in violation by the Code Enforcement Board on January 22, 2009; however, the property owner changed and the new owner was sent a notice of violation and correspondence requesting a site inspection with no response. Staff performed a site visit on October 20, 2009 and noted there was no access due to the gate being locked. Officer Alexander read a letter submitted by an adjacent property owner (exhibit A) which stated: 1) The property has been vacated and abandoned for several years with broken windows and sliders that allowed vagrants to enter the property. 2) During the process of having her roof repaired, the roofer told her that they could see down into the unit. 3) In an attempt to protect her property she entered through the open door to look for contributing factors to her roof leaking and noticed the ceilings were collapsing, black mold on the soaked Walls and carpets. 4) Her calls to Ocean ii Woods Association i went unanswerwi cn chin rnntarfind (r)rie Enforcement Code Enforcement Board Meeting Minutes November 19, 2009 Page 6 Officer Alexander stated that she feels that this property presents a serious threat to the public health and safety, as outlined by the Florida Statutes, Chapter 162.06(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 issue an order formally finding that this property constitutes a violation presenting serious threat to the public health, safety, and welfare as stated under section 162.06(4) Florida Statutes, and recommend to the City Council to allow staff to enter onto the property to complete an inspection to ascertain the integrity of the structure. Officer Alexander stated that Attorney Pereira, representative for Chase, requested the hearing be postponed because they would not be able to have representation at the meeting. To which Officer Alexander responded that the City would go forward with presenting the Case to establish the violation and request entry onto the property for an inspection. Continuing, Officer Alexander reported that Attorney Pereira stated that they would allow the inspection and further stated that they would repair the property. The Board stated that, based on the i io tiflcaL1U1 II dates, tI IU pr ^vpC, ly UVNI ICI I IaJ I IdU plenty of notice to arrange to have representation at the hearing. Discussion followed regarding the amount of time to allow entry onto the property. Assistant City Attorney, Kate Latorre, explained that the previous lien was filed after the foreclosure action was instigated by Chase and is not valid against the new owner. Attorney Latorre recommended a fine be imposed against the new owner if the violations are not corrected. Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff recommendation and recommend council allow staff to inspect the property; and find the respondent in violation and be given until December 17, 2009 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day, to be retroactively imposed beginning on November 19, 2009. Vote on the motion carried unanimously. 6. Case No. 09-000189 - Violation of Section 34-97, _Duties and Responsibilities for Maintenance: Section 34-122(b) Public Nuisances Prohibited: Section 34-123 Notice to Remedy Nuisance' acid Section 34-126 Remedy by the City, of the Cit of Canaveral Code of Ordinances. (5210 FT of SW 1/4 of SW 1/4 W) Franklin D. & Elizabeth Hardaway -Geiger Trustee Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. Code Enforcement Board Meeting Minutes November 19, 2009 Page 7 7. Case No. 09-00192 — Violation of Section 34-96, Standards Established: Section 34-98, Buildinq Appearance and Maintenance; and Section 34-100 Sign Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (8580 N. Atlantic Ave.) — M & P of Brevard Inc. C/O Julie A Blowers, R.A. Code Enforcement officer, Duree Alexander stated that the respondent was not properly noticed and requested the item be postponed until the next scheduled meeting. 8. Case No. 09-00205 — Violation of Section 78-55(a) Use of Public Sewer Required, of the City of Cape Canaveral Code of Ordinances (8799 Astronaut Blvd.) —Zacharias & Adamantia Ligerakis, Property Owners. Code Enforcement Officer, Duree Alexander requested that this Case be withdrawn from the agenda. ADJOURNMENT: There being no further business the meeting adjourned at 8:31 P.M. Approved on this day of0�CAf`e4-, 2009. 7 Mary R sell, Chairperson Joy tfoinbardi, Board Secretary