HomeMy WebLinkAboutCEB MINUTES ~ 05-20-10CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
MAY 20, 2010
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral,
Florida was held on May 20, 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
James Hale
Ralph Lotspeich
Lynn Mars
Karen Hartley
Walter Godfrey
Raymond Viens
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Kate Latorre
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on June 17, 2010.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: April 22, 2010.
Motion by Mr. Hale, seconded by Mr. Mars, to approve the meeting minutes of April 22,
2010, as amended. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 20, 2010
Page 2
COMPLIANCE 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 City of 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 Liguori, 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 the respondent has replaced the ceiling tiles and is in compliance with
Section 2603-2603.4, General — Thermal Barrier, et seq., of the Florida Building Code
2007 edition. Officer Alexander further stated that Todd Morley, Building Official, met
with the electrical contractor to discuss the electrical violations and the scope of work
needed to bring the property into compliance and Beach Electric obtained a permit.
Officer Alexander respectfully requested that the Board find the respondent in
compliance with 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 in non-compliance 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 of Cape Canaveral Code of Ordinances and amend the order
to give the respondent 60 days (July 19, 2010) to come into compliance or impose the
fine as set forth in the Code Enforcement Board Order (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. Lotspeich, seconded by Mr. Hale, to accept staff's recommendation and
find the respondent in non-compliance and amend the order to give the respondent 60
days (July 19, 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.
2. Case No. 09-00211— Violation of Section 34-97(x)(1), Duties and Responsibilities
for Maintenance: Section 34-99, Landscape Appearance and Maintenance: and
Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral
Code of Ordinances. (414 Adams Ave.) — Surfside Machinery, Inc.. C/O John K.
Butz. R.A. & Hot Lava Properties, Inc.. C/O Douglass A. Person, 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 the exterior condition of the property. Officer Alexander stated that the
respondent called and said that he was going to turn the property over to the bank and
would not maintain it.
Code Enforcement Board
Meeting Minutes
May 20, 2010
Page 3
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance with Section 34-97(a)(1), Duties and Responsibilities for Maintenance;
Section 34-99, Landscape Appearance and Maintenance; and Section 34-122(a), Public
Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances and impose
the fine in the amount of two hundred dollars ($200.00) for the first day, seventy-five
dollars ($75.00) per day thereafter until found in compliance.
Motion by Mr. Hale, seconded by Mr. Lotspeich, to accept staff's recommendation and
find the respondent in non-compliance and impose the fine in the amount of two hundred
dollars ($200.00) for the first day, seventy-five dollars ($75.00) per day thereafter until
found in compliance. Vote on the motion carried unanimously.
PUBLIC HEARINGS:
Case No. 10-00005 - 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 of Canaveral Code of Ordinances, (7522 Magnolia Ave.)
— Dean & Linda Spanos, Property Owners.
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 and inspections. Officer Alexander
stated that the previous property owner re -roofed on the weekend and then sold the
property without disclosing this information to the new property owner; however, it is the
responsibility of the property owner to obtain a permit for the work and have the roof
inspected. Officer Alexander explained that Mike Richart, Building Inspector, stated that
the roof had to have positive drainage and repair the leaks. Mr. Spanos met with the
building official to discuss the process for the building permit and stated that he would
take care of the issue.
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 additional time to come into compliance or impose a fine in
the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars per
day thereafter until found in compliance.
Discussion followed regarding the amount of time for compliance. Officer Alexander
stated that 60 days should be enough time.
Motion by Mr. Hale, seconded by Mr. Mars, to accept staff's recommendation and find
the respondent in violation and be given 60 days 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 until found in compliance. Vote on the motion carried
unanimously.
Code Enforcement Board
Meeting Minutes
May 20, 2010
Page 4
2. Case No. 10-00025 — Violation of Section 505, Water Svstem: 505.1. General:
Section 505.3, Supply, of the International Property Maintenance Code, as
adopted by Section 82-221; and Section 34-98, Building Appearance &
Maintenance; Section 34-181, Storing, Parking or Leaving on Private Property;
Section 110-554, Parking & Storage of Certain Vehicles, of the City of Cape
Canaveral Code of Ordinances, (108 Tyler Ave.) — Maryann C. Gattuso & Russell
Kaup, Property Owners.
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 no water and the condition of the property. Officer Alexander stated that
the tenant from the adjoining property (110 Tyler Ave.) called to complain about
excessive water bills and untagged vehicles on the property at 108 Tyler Ave. Following
a call to the City of Cocoa water department, it was found that there was no water at 108
Tyler Ave. Officer Alexander further stated that it appears the respondent was using
water routed from 110 Tyler Ave. The property owner of 110 Tyler Avenue hired a
plumber to stop the water supply to the adjoining property. Officer Alexander also stated
that there was a tarp held down with wood on the roof and was in need of repair. A
notice of violation was issued for untagged vehicles, overgrown lot, building
maintenance, and having no water.
Mr. Kaup, property owner, testified that he was not aware of the water issue but stated
that during a plumbing repair he turned off the water main and noticed that he still had
water from the sinks and stated that he also has had excessive water bills. Mr. Kaup
further stated that he would repair the window and cover the vehicles. Mr. Kaup stated
that there are higher laws and feels that his freedoms are being trampled on. Mr. Kaup
explained that he has been without water before and stated that he could survive in a
sanitary manor even without water.
Officer Alexander respectfully requested that the Board find the respondent in Violation
of Section 505, Water System; 505.1, General; Section 505.3, Supply, of the
International Property Maintenance Code, as adopted by Section 82-221; and Section
34-98, Building Appearance & Maintenance; Section 34-181, Storing, Parking or Leaving
on Private Property; Section 110-554, Parking & Storage of Certain Vehicles, of the City
of Cape Canaveral Code of Ordinances.
Discussion followed regarding the amount of time it would take for the respondent to
comply. Officer Alexander stated that 60 days should be enough time to comply or
impose a fine in the amount of one hundred and fifty dollars ($100.00) for the first day
and seventy-five dollars ($75.00) per day thereafter until found in compliance.
Motion by Mr. Hale, seconded by Mr. Lotspeich, to find the respondent in violation and
be given 60 days to come into compliance or impose a fine in the amount of one
hundred and fifty dollars ($100.00) for the first day and seventy-five dollars ($75.00) per
day thereafter until found in compliance.
During Discussion, the Board questioned if the amount of time was enough to complete
the roof repairs also. It was the consensus of the Board to amend the motion to give the
respondent 90 days to complete the roof repairs and 60 days for all other violations.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 20, 2010
Page 4
3. Citation No. 0080 — Violation of Section 82-375, Construction Contracting
Regulation Violation, of the City of Cape Canaveral Code of Ordinances (8767
Oleander Ct.) — Blue Falcon Certified Roofing Contracting, Inc. c/o Brandon C.
Ferrell, 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
citation is for work without the required permit. Officer Alexander stated that, following a
citizen complaint, Mike Richart, Building Inspector/Code Enforcement Officer, issued a
citation to Brandon Ferrell, Blue Falcon Certified Roofing. Officer Alexander further
stated that the contractor has obtained a permit and the final approved inspection for the
work.
Brandon Ferrell, Blue Falcon Certified Roofing, testified that the job started out to be a
repair and then they discovered that the work exceeded 100 square feet. Mr. Ferrell
stated that there were two invoices for the job and this was not intentional. He further
stated that the violation has been corrected.
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. Discussion followed.
Motion by Mr. Hale, seconded by Mr. Mars, to revoke the citation. Vote on the motion
carried by majority, with Mary Russell voting against.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:50 P.M.
Approved on this day of 2010.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary