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HomeMy WebLinkAboutMinutes 05-21-2009CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MAY 21 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on May 21, 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 Walter Godfrey James Hale Karen Hartley Lynn Mars Ralph Lotspeich MEMBERS ABSENT Charles Biederman OTHERS PRESENT Duree Alexander Joy Lombardi Bob Hoog Kate Latorre Chairperson Vice - Chairperson 1st Alternate Code Enforcement Officer Board Secretary Mayor Pro Tem Assistant City Attorney The Board members established that the next meeting would be held on July 23, 2009. Assistant City Attorney LatoRe swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Revised Meeting Minutes: March. 19, 2009. Motion by Mr. Viens, seconded by Ms. Hartley, to approve the meeting minutes of March 19, 2009, as revised. Vote on the motion carried unanimously. 2. Approval of Meeting Minutes: April 23, 20098 Motion by Ms. Hartley, seconded by Mr. Hale, to approve the meeting minutes of April 23, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 21, 2009 Page 2 COMPLIANCE HEARINGS: 1. Case No. 07 -00117 -- Violation of Section 34- 98(4 )(8). Buildina Acpearance & Maintenance; Section 34- 96Ld }, Standards Established; Section 82 -12, Unsafe Buildings or Systems; Section 82 -56, Article III_ Unsafe Abatement Code Adopted, of the City of Cape Canaveral _Code of Ordinances, (104 _Monroe Ave. — Heath & Heath Systems, Inc. c/o Dawn M. Heath R.A. Director 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 submitted revised plans for the City to review; providing all comments were addressed, a permit would be issued. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 34- 98(4 )(8), Building Appearance & Maintenance; Section 34- 95(d), Standards Established; Section 82 -12, Unsafe Buildings or Systems; Section 82- 55, Article III Unsafe Building Abatement Code Adopted, 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 or the fines in the amount of one hundred dollars ($1 00.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on February 21, 2008._ Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non - compliance, and be given until August 20, 2009 to come into compliance or the fines in the amount of one hundred dollars ($1 00.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on February 21, 2008. Vote on the motion carried unanimously. 2. Case No. 08 -00181 — Violation of Section 110- 334(c)(8). Special Exceptions, of the City of Cape Canaveral Code of Ordinances. (7000 N. Atlantic Ave.) —Mary M. Beasley, 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 the violation is for non - compliance with the Board Order for outside display of merchandise without the required special exception; the order states that a fine will be immediately entered in the amount of one hundred and fifty dollars ($150.00) for every day the violation reoccurs. Officer Alexander further testified that the merchandise was on display April 25 -25, 2009; on May 2 -3, 2009; and on May 9 -10, 2009. Officer Alexander respectfully requested that the Board find the respondent in non- compliance on April 25 & 26; May 2 & 3; May 9 & 10 of 2009; and impose the fine of one hundred and fifty dollars ($150.00) for every day the violation occurred for a total of nine hundred ($900.00). If the respondent continues to violate the Board Order by displaying merchandise outside without a special exception the fine in the amount of one hundred and fifty dollars ($150.00) shall immediately be entered for every day the violation reoccurs. Code Enforcement Board Meeting Minutes May 21, 2009 Page 3 Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in non- compliance, and impose the fines in the amount of nine hundred dollars ($900.00). Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 06 -00117 -- Violation of Section 105. 1, Permit Required and Section 109.1, Inspections General, of the Florida Build ing Code ,,_ as adopted by Section 82 -31 of the Qjy of Cal2e Canaveral Code of ordinances 304 -310 Johnson Ave.) Sand Reef Condominium Association, Inc., c/o Sidney Z. Brodie, R .A. Code Enforcement Officer, Duree Alexander withdrew this Case from the agenda. 2. Case No. 08 -00147 — Violation of Section 34- 98(6), Article III, Buildin Agl2earance & Maintenance of the Cily of Cal2e Canaveral Code of ordinances and Section 303.7, Roofs & Drainage, of the International Property Maintenance Code as adopted by Section 82 -221, of the Cily of Cape Canaveral Code of Ordinances, (8744 Seagral2e Ct.) David R. Benedik, Trustee. 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 the contractor pulled a permit, obtained two approved inspections but did not call in for the final inspection and the permit has expired. Mr. Benedik testified that he was not aware that the contractor did not call for the final. He stated that he tried to contact the contractor but he would not respond. 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 July 10, 2009 to come into compliance or be fined as a 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 Ms. Harley, seconded by Mr. Viens, to accept staffs recommendation and be given until July 10, 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 -00001 — Violation of Section 105.1. Permit Required: and Section 1 09.1. Inspections General, of the Florida Building Code, as adapted by Section 82 -31, of the City of Cape Canaveral Code of Ordinances (7908 Ridgewood Ave.) — Marsha K. & Kent C. Howe. Property owners. Code Enforcement Officer, Duree Alexander withdrew this Case from the agenda. Code Enforcement Board Meeting Minutes May 21, 2009 Page 4 4. 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 Cily of Cape Canaveral Code of ordinances, (7081 Ridgewood Ave. ) — Casa Del Mar Condo Assoc. of Brevard c/o Alice Neilsen R.A. 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 violation is for the removal of a tree without the required permit. Ms. Neilsen testified that she was not aware that a permit was required. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102- 39(a), Permit Required, of the City of Cape Canaveral Code of Ordinances, and impose the penalties as cited in Section 102- 38(b)(1), Enforcement and Penalties in the amount of two hundred and fifty dollars ($250.00). Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in violation and fine as per Section 102- 38(b)(1) in the amount of two hundred fifty dollars ($250.00). Vote on the motion carried unanimously OLD BUSINESS: 1. Case No. 09 -00022 - Violation of Section 102, Vegetation; Section 102- 38(a )(b )(1 ), Enforcement and Penalties; Section 102 -39(a }_ Permit Required; Section 1O2-4OLa)(6 ), Permit Criteria, of the City of Cape Canaveral Code of Ordinances Vacant Lot West of 5395 N. Atlantic Ave. -- Banana River LP aka Banana River of Delaware, LTD, c/o Helen M. Ward, R.A. s _North Atlantic Avenue Properties, LLC, clo Helen M. Ward, R.A., Steven J. Porter, Trustee, John K. & Michelle J. Porter, HIW. lication 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 forty-two thousand two hundred and fifty dollars ($42,250.00). She further stated that only Brazilian pepper trees were removed and the respondent has applied for gland- clearing permit. Mr. Porter testified that he was not aware that a permit was needed to remove the trees. He stated that he removed pepper trees and potato vines that were damaging other trees. Mr. Porter requested that the Board recommend that City Council satisfy the lien for the total amount ($42,250.00). Motion by Mr. Godfrey, seconded by Mr. Viens, to recommend that City Council satisfy the lien in the amount of forty-two thousand two hundred and fifty dollars ($42,250.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 21, 2009 Page 5 2. Case No. 09 -00025 - Violation of Section 102. Veaetation: Section 102- 38 {ate).(l} Enforcement and Penalties; Section 102 -39La -,- Permit Required; Section 102- 40(a )(6), Permit criteria, of-the Cily of Cal2e Canaveral Code of Ordinances, (6615 N. Atlantic Ave. Vacant area located to the .North) — Supra Color Enterprises, Inc., c/o Kurt Tezel, 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 thirty -four thousand seven hundred and thirty -eve dollars ($34,735.00). She further stated that only Brazilian pepper trees were removed and the respondent has applied for aland- clearing permit. The respondent was not present at the meeting. Motion by Mr. Viens, seconded by Mr. Hale, to recommend that City Council satisfy the lien in the amount of thirty -four thousand seven hundred and thirty -five dollars ($34,735.00). Vote on the motion carried unanimously. 3. case No. 09 -00035 -- Violation of Section 102 Vegetation: Section 102 -. ___ . 38(a) ()(1) (). 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, ( 150 -164 Johnson Ave.) -_Avon Terrace LLC, c/o David B. Dale, 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 five hundred dollars ($500.00). She further stated that the trees were causing damage to the property and were a potential hazard to the residents. Mr. Daley stated that he was not aware that a permit was required to remove the trees. He requested that the Board grant his request for the satisfaction of the lien to the city Council. Motion by Mr. Viens, seconded by Mr. Hale, to recommend that City Council satisfy the lien in the amount five hundred dollars ($500.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 21, 2009 Page 6 ADJOURNMENT: There being no further business the meeting adjourned at 8:31 P.M. Approved on this . '3 day of S(tx_63, , 2009. c l ' h A Z Mary Rus7:11, Chairperson Joy Lombardi, Board Secretary