HomeMy WebLinkAboutCEB MINUTES ~ 10-21-10CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
OCTOBER 21, 2010
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral,
Florida was held on October 21, 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
James Hale
Karen Hartley
Ralph Lotspeich
Lynn Mars
MEMBERS ABSENT
Walter Godfrey
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Todd Morley
Kate Latorre
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Building Official
Assistant City Attorney
The Board members established that the next meeting would be held on November 18,
2010.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: September 23, 2010.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of
September 23, 2010, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
October 21, 2010
Page 2
COMPLIANCE HEARINGS:
Case No. 10-00029 - Violation of Section 110-551(g)(h)(i), Location of
Recreational Vehicles, Camping Equipment, Boats & Boat Trailers; Section 34-
96(b)(d), Standards Established; Section 34-98(4), Building Appearance and
Maintenance; and Section 34-153, Enumeration of Prohibited Noises, of the City
of Cape Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section
505.1, General, of the International Property Maintenance Code, as adopted by
Section 82-221, of the City of Cape Canaveral Code of Ordinances (8103
Magnolia Ave.) — Watson L. Witt II, 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
respondent is working to correct the violations on the property and would like to request
additional time for compliance.
Mr. Watson Witt II, property owner, testified that he is working to clean-up the property
and repair the pool but needs additional time to comply.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of Section 34-96(b)(d), Standards Established; Section 34-98(4), Building
Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises;
Section 110-551(g)(h)(i), Location of Recreational Vehicles; and Section 302.1,
Sanitation; Section 505.1, General, 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 until November 18, 2010 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 ($75.00) per day thereafter until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in violation and be given until November 18, 2010 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 ($75.00) per day thereafter until found in compliance. Vote
on the motion carried unanimously.
4. Case No. 10-00047 — Violation of Section 110-555, Pavina of Vehicular Use
Areas: Section 110-492, Location of Spaces; Section 110-339, Off Street Parking
and Access, of the City of Cape Canaveral Code of Ordinances; and NFPA 1,
Fire Lanes, of the Florida Fire Prevention Code, as adopted by Section 38-26, of
the City of Cape Canaveral Code of Ordinances. (9009 Astronaut Blvd.) —
Portview Inn & Suites. LLC dba Country Inn & Suites. c/o Dale L. Cox, 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
respondent has applied for a permit to expand their parking lot to add 53 additional
spaces. Officer Alexander stated that the application is under review by City staff.
Code Enforcement Board
Meeting Minutes
October 21, 2010
Page 3
Jerry Saunders, Chief Engineer for Country Inn & Suites, stated that he is the general
contractor applying for this permit. He explained the proposed parking and landscape
plan and asked for additional time to
complete the work. Mr. Saunders stated that, once the permit is issued, the work should
be complete within (30) thirty to (60) sixty days. Mr. Saunders further stated that they
have posted four "no parking" signs but two have been pulled up.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of Section 110-555, Paving of Vehicular Use Areas; Section 110-492,
Location of Spaces; Section 110-339, Off Street Parking and Access, of the City of Cape
Canaveral Code of Ordinances and amend the board order to give the respondent until
April 21, 2011 to come into compliance or impose a fine not to exceed five hundred
dollars ($500.00) per day for each repeat violation. Discussion followed regarding the
fine being retroactive as set forth in the previous board order.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation as
amended, and find the respondent in non-compliance and be given until April 21, 2011
to come into compliance or impose a fine not to exceed five hundred dollars ($500.00)
per day retroactively beginning on July 22, 2010 until found in compliance. Vote on the
amendment and the motion carried unanimously.
PUBLIC HEARINGS:
Case No. 09-00229 — 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, (200 International Dr.
Unit 609) — Alden & Denise Pitard, 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 work without a permit. Officer Alexander stated that the permit expired
without a final inspection.
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 November 18, 2010 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 ($75.00) per day thereafter until found in compliance.
Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff's recommendation and
find the respondent in violation and be given until November 18, 2010 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 ($75.00) per day thereafter until found in compliance. Vote
on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
October 21, 2010
Page 4
2. Case No. 10-00061 —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, (8921 Lake Dr. Unit
B505) — Thomas & Sabine Swindal, 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 work without a permit. Officer Alexander stated that an air conditioner
system was installed without a permit.
Following the property owner's receipt of the notice of violation, a contractor obtained a
permit and an approved final inspection to resolve the violation.
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 to establish the violation.
Motion by Mr. Lotspeich, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation. Vote on the motion carried unanimously.
3. Case No. 10-00068 — Violation of Section 105.1, Permit Required: and Section
1.09.1, Inspections General, of the Florida Building Code, as adopted by Section
82-31, of the City of Cape Canaveral Code of Ordinances. (8401 N. Atlantic Ave.
Unit E1) — James Souza, Property Owner.
Code Enforcement Officer, Duree Alexander, requested that this Case be withdrawn
from the agenda. Officer Alexander stated that the respondent did not receive proper
notification.
ADJOURNMENT:
There being no further business the meeting adjourned at 7:55 P.M.
Approved on this day of 2010.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary