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Home My WebLink AboutCEB MINUTES ~ 03-18-10CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 18, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on March 18, 2010, in the Library, 201 Polk Avenue, Cape Canaveral, Florida. Vice Chairperson Raymond Viens called the meeting to order at 7:00 PM. The Board Secretary called the roll. - Raymond Viens James Hale Karen Hartley Ralph Lotspeich Lynn Mars MEMBERS ABSENT Mary Russell Walter Godfrey OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Vice -Chairperson Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on April 22, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: February 18, 2010. Motion by Mr. Hale, seconded by Mr. Mars, to approve the meeting minutes of February 18, 2010, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 18, 2010 Page 2 COMPLIANCE HEARINGS: Case No. 09-00062 — Violation of Section G-1eGtF1Ga1 Eqw- ,,„.,o„+ Installat*G ; 303 Exterior Structure General of the International Property Maintenance Code (IPMC) as adopted by Section 82-221 and SeGtieR �60-3 �260-3-4 General Thermal R r et seg_ofthe FiBri1'Ja editio^ as ad fed by SGtien4of the City of Cape Canaveral Code of Ordinances, (6958-6890 N. Atlantic Ave.) — Yogi's Food & Discount Beverage, Inc., c/o Yogeshkumar S. Patel R.A. & The Tomato Grille Inc. aka Tip -A -Few, c/o Edward Liguori R.A. Code Enforcement Officer, Duree Alexander, stated that the only issue that will be considered at this hearing is the exterior structure violation (Section 303, of the IPMC); additionally this Case will be considered as a compliance hearing. 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 maintenance of the property. Officer Alexander stated that Sunland General Contractors, Inc. applied for a permit to repair the gable; however, the Building Official is requiring the contractor to submit engineered drawings for the repair. Officer Alexander further stated that, following the third review, there are still some outstanding items to be addressed; therefore the case is not in compliance. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 303, Exterior Structure, General, 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, seventy-five dollars ($75.00) per day thereafter until found in compliance. Motion by Mr. Hale, seconded by Mr. Mars, 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, seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. PUBLIC HEARINGS: 2. Case No. 10-00001 — Violation of Section 34-97(a)(b)(3) Duties and Responsibilities for Maintenance, and Section 34-98(5) Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances (404 Harrison Ave.) — Phillip N. Blaha, Life Estate 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 maintenance of the parking lot and balconies. Officer Alexander stated that the contractor has been working with the City to repair the property and has submitted an application for the balcony repairs today (3-18-10). Therefore; Officer Alexander recommended that the Board give the respondent time to comply. Code Enforcement Board Meeting Minutes March 18, 2010 Page 3 Officer Alexander respectfully requested that the Board find the respondent in Violation of Section 34-97(a)(b)(3), Duties and Responsibilities for Maintenance; and Section 34- 98(5), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances and be given until July 22, 2010 to come into compliance or impose a fine in the amount of seventy-five dollars ($75.00) for the first day, fifty dollars ($50.00) per day thereafter until found in compliance. Motion by Ms. Hartley, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation and be given until July 22, 2010 to come into compliance or impose a fine in the amount of seventy-five dollars ($75.00) for the first day, fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 3. Case No. 10-00022 — Violation of Section 94-11(a)(b)(c)(e)(f) Maintenance Notice to Repair, of the City of Cape Canaveral Code of Ordinances (5807 N Atlantic Ave.) — Costa Del Sol Condo. Assoc. c/o Timothy Pickles R A & Dennis Gibbs, President. 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 maintenance of the ground sign. Officer Alexander stated that the recommendation to the respondent was to repair the sign by replacing the faces and maintain the sign structure. She further stated that some improvements have been made to the sign; however, two additional panels need to be installed for the sign to be in compliance. Dennis Gibbs, President of Costa Del Sol Condo Assoc., testified that the sign is located on their property but belongs to Dr. Charles Pindziak. Mr. Gibbs stated that the condominium association tried to do some work on the sign but Dr. Pindziak would not allow them to continue. Mr. Gibbs stated that he is trying to work with the City to resolve the issue. Officer Alexander stated that the only issue for the Board to consider is the condition of the sign not the location or ownership of the sign. Officer Alexander stated that it is her understanding, from Dr. Pindziak, that the other panels will be installed. Officer Alexander respectfully requested that the Board find the respondent in Violation of Section 94-11(a)(b)(c)(e)(f), Maintenance, Notice to Repair, of the City of Cape Canaveral Code of Ordinances and be given until April 22, 2010 to come into compliance or impose a fine in the amount of fifty dollars ($50.00) for the first day, twenty-five dollars ($25.00) per day thereafter until found in compliance. Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation and be given until April 22, 2010 to come into compliance or impose a fine in the amount of fifty dollars ($50.00) for the first day, twenty-five dollars ($25.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 18, 2010 Page 4 4. Citation No. 0039 — Violation of Section 82-375 Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances (6920 Ridgewood Ave.) Kevin A. Barfield, Barfield Roofing Inc c/o J Patrick Anderson R.A. (Contractor requested a hearing before the Board to appeal the citation ) 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 the required permit. Officer Alexander stated that a citation was issued to Kevin A. Barfield, Barfield Roofing, Inc., following a complaint from the property owner regarding the roof repairs. Officer Alexander received an e-mail from Mr. Barfield requesting a hearing before the Code Enforcement Board to appeal the citation. Kevin A. Barfield, Barfield Roofing, Inc., testified that the job started as an $850.00 repair of about 250-300 square feet, which turned into a larger job. Mr. Barfield stated that the repair was not complete because there was a dispute with the property owner and the property owner refused to pay him. Mr. Barfield further testified that he has pulled 45 permits with Brevard County within the last year and stated that a $500.00 fine for an $850.00 job is excessive and requested a reduced fine. Mr. Barfield stated that he was wrong and should have pulled a permit. Officer Alexander respectfully requested that the Board find the respondent in Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances and impose the fine in the amount of five hundred dollars ($500.00). Kate Latorre, City Attorney, explained that based on the testimony, if the Board determines that the violation is invalid or has been corrected the Citation can be revoked; however, if the Board determines that the violation exists, the Board can order fine be imposed and can not be less that the five hundred dollars ($500.00). Discussion followed. Motion by Mr. Mars, seconded by Mr. Lotspeich, to accept staff's recommendation and find the respondent in violation and impose the fine in the amount of five hundred dollars ($500.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:00 P.M. Approved on this day of Joytombardi, Board Secretary 2010. Ra n ens, ice Chairperson