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Home My WebLink AboutCEB MINUTES ~ 04-22-10CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 22, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 22, 2010, in the Cape Canaveral Public Library Meeting Room at 201 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 Karen Hartley Ralph Lotspeich MEMBERS ABSENT James Hale Lynn Mars Walter Godfrey OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Todd Morley John Cunningham Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney Building Official Assistant Fire Chief The Board members established that the next meeting would be held on May 20, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: March 18, 2010. Motion by Ms. Hartley, seconded by Mr. Viens, to approve the meeting minutes of March 18, 2010, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 22, 2010 Page 2 COMPLIANCE HEARINGS: Case No. 09-00179 — Violation of Section 105. 1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code as adopted by Section 82-31; and Section 110-12, Mechanical Execution of Work, of the City of Cape Canaveral Code of Ordinances, (191 Center Street) — MILS Realty LLC c/o Jim Morris, 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 the violation is for work without the required permit. Officer Alexander stated that the respondent has hired an electrician and obtained two permits for some of the electrical work and has obtained a permit for the fire sprinkler system. Officer Alexander further stated that there are still some outstanding items to be addressed but the respondent is working to resolve the issues. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31; and Section 110-12, Mechanical Execution of Work, of the City of Cape Canaveral Code of Ordinances and amend the order to give the respondent until June 17, 2010 to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day, seventy- five dollars ($75.00) per day thereafter retroactively beginning on February 18, 2010. Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in non-compliance and amend the order to give the respondent until June 17, 2010 to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($75.00) per day thereafter retroactively beginning on February 18, 2010. Vote on the motion carried unanimously. PUBLIC HEARINGS: Case No. 09-00062 — Violation of Section 604 Electrical Facilities, Section 604.2, Service; Section 604.3, Electrical System Hazards; Section 605 .1, Electrical Equipment. Installation, of the International Property Maintenance Code, as adopted by Section 82-221: and Section 2603-2603.4 General — Thermal Barrier, et seq. of the Florida Building Code 2007 edition as adopted by Section 82-31, of the Cit of f Cape Canaveral Code of Ordinances (6850-6890 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 Liquori 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 the violation is for maintenance of the property and unsafe conditions. Officer Alexander stated that an annual fire inspection revealed numerous electrical and structural violations. Officer Alexander stated that the respondent has obtained two electrical permits; however there are still outstanding electrical issues due to the fact that there are extension cords and relocatable power taps being used in an unsafe manner. Code Enforcement Board Meeting Minutes April 22, 2010 Page 3 Additionally, there are insulation panels that are generally polyurethane or polyisocyan u rate foam plastic products that are highly combustible and, per the Florida Building Code (FBC) Section 2603.4, shall be separated from the interior of a building by an approved thermal barrier. Officer Alexander further explained that the respondent has replaced some of the ceiling tiles in the bar area but has not remove them from the kitchen area. John Cunningham, Assistant Fire Chief/Fire Marshal, testified that the Florida Building Code and the Florida Fire Prevention Code both address the polyurethane tiles in the kitchen area. He stated that they tried to contact the business owner to address this situation as soon as possible but he was not very receptive to communicate with them to resolve the issue. Mr. Cunningham explained that the tiles can not be exposed to any heat or flame and they are located in the kitchen area which contains deep fat fryers. Mr. Cunningham stated that over time they would deteriorate and with the possibility of a flash fire in the grease pan area would cause exposure to the tiles adding to the problem. Mr. Cunningham further stated that this is a life safety issue and that he will be sending the respondent a letter requiring him to fix the problem within 10 days or he will shut down the business. Mr. Viens asked how many of the issues have been resolved. Officer Alexander stated that he has resolved about 50 to 60 percent. Discussion followed. Officer Alexander respectfully requested that the Board find the respondent in Violation of Section 604, Electrical Facilities; Section 604.2, Service; Section 604.3, Electrical System Hazards; Section 605.1, Electrical Equipment, Installation, of the International Property Maintenance Code, as adopted by Section 82-221; and Section 2603-2603.4, General — Thermal Barrier, et seq., of the Florida Building Code 2007 edition, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances and be given 10 days from the date the board order is received to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) per day until found in compliance. Discussion followed regarding the amount of time it would take for the respondent to comply. Officer Alexander stated that the electrical issues could be resolved by removing the extension cords and power strips. Further discussion followed regarding the life safety issues verses the electrical issues. It was the consensus of the Board to separate the two violations and the amount of time given to comply. Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in violation and be given 10 days from the date the Board Order is received to correct the violation of Section 2603-2603.4, General — Thermal Barrier, et seq., of the Florida Building Code 2007 edition, as adopted by Section 82-31, of the City Code; and be given 30 days from the date the Board Order is received to correct the violations of Section 604, Electrical Facilities; Section 604.2, Service; Section 604.3, Electrical System Hazards; Section 605.1, Electrical Equipment, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code, or impose a fine in the amount of two hundred and fifty dollars ($250.00) per day until found in full compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 22, 2010 Page 4 2. Citation No. 0077 — Violation of Section 82-375 Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances (308 Surf Dr.) — Brevard Air & Refrigeration, c/o Walter J. Shaffer. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance ADJOURNMENT: There being no further business the meeting adjourned at 8:27 P.M. Approved on this day of _ , 2010. Mary Russell, Chairperson Joy Lombardi, Board Secretary