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HomeMy WebLinkAboutCEB MINUTES ~ 11-18-10CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES NOVEMBER 18, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on November 18, 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 Walter Godfrey Karen Hartley Ralph Lotspeich MEMBERS ABSENT James Hale Lynn Mars OTHERS PRESENT Duree Alexander Joy Lombardi Kimberly Kopp Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on January 20, 2011. Assistant City Attorney Kopp swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: October 21, 2010. Motion by Mr. Viens, seconded by Ms. Hartly, to approve the meeting minutes of October 21, 2010, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 18, 2010 Page 2 COMPLIANCE HEARINGS: Case No. 09-00229 — 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, (200 International Dr. Unit 609) — Alden & Denise Pitard, Property Owners. Code Enforcement Officer, Duree Alexander testified that the respondent did not take receipt of the notice and therefore must withdraw this case from the agenda. 2. 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 11, 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 has water on the property; however, it does not appear that there have been any further improvements. Mr. Watson Witt 11, property owner, testified that the pool continues to leak and he is planning to cover it because he can't afford the water. Mr. Witt stated that he will repair the fence as soon as he is able to move the trailer to the back yard. 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 impose the 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 amend staff's recommendation and find the respondent in violation but give the respondent until January 20, 2011 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. PUBLIC HEARINGS: Case No. 09-00203 - Violation of Section 34-98(4), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances. (630 Adams Ave.) — FGT MGT. LLC. c/o Jerome V. Grue, R.A. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. Code Enforcement Board Meeting Minutes November 18, 2010 Page 3 2. Case No. 10-00014 — Violation of Section 34-96(b)(d), Standards Established: Section 34-97(a)(1)(7), Duties and Responsibilities for Maintenance; Section 34- 98(4), Building Appearance and Maintenance; Section 34-122(a), Public Nuisances Prohibited; and Section 82-371, Posting and Specifications of Numbers, of the City of Cape Canaveral Code of Ordinances; and Section 303.4, Structural Members; Section 604.3, Electrical System Hazards; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (402 Madison Ave) — Rochelle C. Medlin, Trust, c/o John M. Edwards. 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 condition of the property. She stated she received a complaint and a site visit revealed an unsafe structure. The property owner obtained a permit to repair the unsafe portions of the structure and began to clean up the property; however, there are remaining issues that need to be addressed on the property. Mr. John Edwards testified that the property is in a trust and he would like to sell the property but his sister-in-law will not sign the papers. Mr. Edwards stated that he is on a fixed income and is trying his best to keep up with the property. He further stated that he is willing to maintain the grass, repair the broken windows, and paint. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-96(b)(d), Standards Established; Section 34-97(a)(1)(7), Duties and Responsibilities for Maintenance; Section 34-98(4), Building Appearance and Maintenance; Section 34-122(a), Public Nuisances Prohibited; and Section 82-371, Posting and Specifications of Numbers, of the City of Cape Canaveral Code of Ordinances; and Section 303.4, Structural Members; Section 604.3, Electrical System Hazards; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances and be given until January 20, 2011 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 retroactively beginning on November 18, 2010. Motion by Mr. Viens seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in violation and be given until January 20, 2011 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 retroactively beginning on November 18, 2010. Vote on the motion carried unanimously. 3. Case No. 10-00068 — 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. (8401 N. Atlantic Ave. Unit E1) — James Souza, Property Owner. 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 respondent installed windows without a permit and the required final inspection. Code Enforcement Board Meeting Minutes November 18, 2010 Page 4 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. Viens, seconded by Ms. Hartley, to accept staff's recommendation and find the respondent in violation. Vote on the motion carried unanimously. 4. Case No. 10-00090 - Violation of Section 34-98(4), Building Appearance and Maintenance; and Section 34-99(1)(2) Landscape, Appearance, and Maintenance, of the City of Cape Canaveral Code of Ordinances, (201 Taylor Ave.) — David W. & Mary L. Davis, 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 the condition of the property. Officer Alexander stated that she received an e-mail from the property owners that stated they were working to correct the violations and requested additional time. Officer Alexander granted the time and explained that there had been some improvement; however the property is still in poor condition. Mr. & Mrs. Davis testified that they have had problems with two of the tenants and had to have them evicted. Mrs. Davis stated that when they repaired the broken windows and exterior lights the tenants would vandalize the property and threaten them. Mr. Davis explained that they are trying to repair the property and stated that he thinks the bad tenants are gone and they will try again to complete the repairs. Mr. Davis further stated that January should be enough time to comply. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-98(4), Building Appearance and Maintenance; and Section 34-99(1)(2) Landscape, Appearance, and Maintenance, of the City of Cape Canaveral Code of Ordinances and be given until January 20, 2011 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. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and be given until January 20, 2011 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 November 18, 2010 Page 5 A©JOURNMBNT: There being no further business the meeting adjourned at 7:51 P.M. Approved on this day of , 2010. Mary Russell, Chairperson Joy Lombardi, Board Secretary