HomeMy WebLinkAboutMinutes 01-21-2010 CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JANUARY 21, 2010
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral,
Florida was held on January 21, 2010, in the Library, 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 Chairperson
Raymond Viens Vice - Chairperson
James Hale
Karen Hartley
Ralph Lotspeich
MEMBERS ABSENT
Walter Godfrey
Lynn Mars
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Kate Latorre Assistant City Attorney
Todd Morley Building Official
The Board members established that the next meeting would be held on February 18,
2010.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: December 17, 2009.
Motion by Mr. Viens, seconded by Ms. Hartley, to approve the meeting minutes of
December 17, 2009, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 21, 2010
Page 2
COMPLIANCE HEARINGS:
1. Case No. 09-00117 — Violation of Section 82 -12, Unsafe Building or Systems, of
the City of Cape Canaveral Code of Ordinances; and Section 303.1, General;
and Section 303.2, Protective Treatment; Section 303.4, Structural Members;
Section 303.6, Exterior Walls; 303.16, Doors; Section 304.1, General; and
Section 304.3, Interior Surfaces, of the International Property Maintenance Code,
as adopted by Section 82 -221, of the City of Cape Canaveral Code of
Ordinances, (290 Cape Shores Circle) — Banana River LP dba Banana River of
Delaware LTD, c/o Helen M. Ward, 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 unsafe structure. Officer Alexander stated that the respondent was
found in violation and was given until January 2, 2010 to comply by abating the violation,
by repair and rehabilitation, or demolition in accordance with the provisions of the
standard unsafe building abatement code.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of the Board Order and make a recommendation to the City Council to have
the building demolished and file a lien for the cost of the demolition. If the City Council
elects not to order the building demolished, a fine in the amount of $250.00 per day be
imposed retroactively beginning on January 2, 2010, until found in compliance.
Mr. Russell Mouton, representative for Mercantile Bank, testified that the property is in
the process of foreclosure and includes 8.63 acres which encompasses the two
properties with the Code Violations. He explained that the hearing for a motion for
summary judgment is on March 15, 2010 and the foreclosure sale date will be set 30 -45
days after that, if the bank is successful, they will take ownership of the property in early
May. Mr. Mouton stated that their intention would be to bring the properties into
compliance even if that means demolition of the properties.
Officer Alexander stated the she met with Mr. Mouton on site and he informed her that
he had already requested a demolition bid for the properties. Ms. Alexander informed
the Board that the City has requested bids for the demolition as well. Mr. Mouton
testified that they are willing to demolish the properties; however, actual demolition could
be several months out.
Todd Morley, Building Official, stated that the City needs to have three bids for
demolition and since staff is requesting that the Code Enforcement Board recommend
that City Council require demolition of the properties, Mr. Morley wanted the Board to
have an approximate cost of the demolition.
Officer Alexander stated that she requested bids from Atlantic Excavation, Doug Wilson
Enterprises, and ABC Land clearing. One bid had already been submitted from Atlantic
Excavation Inc. for both structures for fourteen thousand five hundred and sixty -five
dollars ($14,565.00).
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Code Enforcement Board
Meeting Minutes
January 21, 2010
Page 3
Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and find
the respondent in non - compliance and file the amended board order (amended to add
the council referral to demolish the property) or imposing the fine in the amount of two
hundred and fifty dollars ($250.00) per day, to be retroactively imposed beginning on
January 2, 2010. Vote on the motion carried unanimously.
2. Case No. 09 -00148 — Violation of Section 34 -97, Duties and Responsibilities for
Maintenance; and Section 34 -98, Building Appearance and Maintenance, of the
City of Cape Canaveral Code of Ordinances, (6395 N. Atlantic Ave.) — Banana
River LP, dba Banana River of Delaware, LTD; North Atlantic Properties, LLC;
Helen M. Ward, 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 unsafe structure. Officer Alexander stated that the respondent was
found in violation and was given until January 2, 2010 to comply by abating the violation,
by repair and rehabilitation, or demolition in accordance with the provisions of the
standard unsafe building abatement code.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of the Board Order and make a recommendation to the City Council to have
the building demolished and file a lien for the cost of the demolition. If the City Council
elects not to order the building demolished, a fine in the amount of $250.00 per day be
imposed retroactively beginning on January 2, 2010, until found in compliance.
The Board's consensus was that the testimony and discussion of the prior case also
applies to this case.
Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and find
the respondent in non - compliance and file the amended board order (amended to add
the council referral to demolish the property) or imposing the fine in the amount of two
hundred and fifty dollars ($250.00) per day, to be retroactively imposed beginning on
January 2, 2010. Vote on the motion carried unanimously.
PUBLIC HEARINGS:
1. Case No. 09 -00062 — Violation of Section 303, Exterior Structure, General, of the
International Property Maintenance Code, as adopted by Section 82 -221, of the
City of Cape Canaveral Code of Ordinances, (6850 N. Atlantic Ave.) — Yogi's
Food & Beverage, Inc., Yogeshkumar S. Patel, 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 for the maintenance of the property. Officer Alexander stated that a site visit
revealed numerous electrical and structural violations. Officer Alexander further stated
that the main concern is with the gable fagade that is leaning forward and needs to be
secured. She explained that there may be potential for the structure to fall forward with
a strong wind. Officer Alexander stated that part of the electrical was repaired; however
there are additional issues with the electrical and the property owner will be sent another
notice of violation.
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Code Enforcement Board
Meeting Minutes
January 21, 2010
Page 4
Todd Morley, Building Official, testified that Yogi met with him and a contractor to inquire
about the repairs. The contractor stated that he believed the problem was with the roof
sheathing. Mr. Morley expressed his concerns that there was more damage than that
but that he would issue a permit for the sheathing to be removed and replaced and
require that the contractor schedule an inspection for when the roof is opened up; at
which time Mr. Morley could get in to inspect the structure. Should that inspection reveal
a structural revision to the scope of the permit, a structural engineer's design would then
be required.
Officer Alexander respectfully requested that the Board find the respondent in Violation
of Section 303, Exterior Structure, General, 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 February 8, 2010 to come into compliance or be fined 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. Discussion followed.
Motion by Mr. Viens, seconded by Mr. Hale, to amend staff's recommendation and find
the respondent in violation and be given until March 18, 2010 to come into compliance or
be fined in the amount of one hundred dollars ($100.00) for the first day, seventy -five
dollars ($75.00) per day thereafter be retroactively imposed beginning on the date the
board order is received. Vote on the motion carried unanimously.
2. Case No. 09 -00191 — Violation of Section 34- 122(b), Public Nuisances
Prohibited; Section 110 -470, Fences, Walls, and Hedges, of the City of Cape
Canaveral Code of Ordinances, (Parcel ID: 24- 37- 15 -00- 00753.1- 0000.00, 24-
37- 15 -00- 00833.0- 0000.00, & 24- 37- 15 -00- 00834.0- 0000.00) — Mermaid Key,
LLC, c/o Janice Greene, 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 maintenance of the properties. Officer Alexander stated that a site
visit revealed the vacant properties were overgrown, and the fence is falling down.
Officer Alexander presented a letter from Mr. Martin Greene which states that there are
"many complex circumstances" preventing him to bring the property into compliance. 1.
There is a legal dispute between Mermaid Key LLC and their bankers which renders
Mermaid Key LLC unable to act on these violations. 2. There is a letter from St Johns
River Water Management District (SJRWMD) which states "unless expressly exempt an
individual or general environmental resources permit must be obtained from the district
prior to anything being done on the land." 3. The portion of the property that abuts
Discovery Bay is not accessible due to the fact that it is posted no trespassing. 4. The
removal of the fence could cause the homeless people to make the land their domicile,
as it was prior to the fence being erected. 5. The fence prevents anyone from possible
harm from alligators that are known to be present in the water hole on the North end of
the property.
Officer Alexander stated that her response to Mr. Greene on October 30, 2009 was that
she understood his concerns of the removal of the fence however the placement is in
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Code Enforcement Board
Meeting Minutes
January 21, 2010
Page 5
violation of the City Code. Further, the lot is overgrown and the property owner is
responsible for maintaining the condition of the property by mowing the first fifteen feet
of the property abutting any public right of way. Officer Alexander further stated that the
fence and the dilapidated signs must be removed. Officer Alexander stated that she
has had numerous complaints about this property.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 34- 122(b), Public Nuisances Prohibited; Section 110 -470, Fences, Walls, and
Hedges, of the City of Cape Canaveral Code of Ordinances, and be given until February
8, 2010 to come into compliance or the fine in the amount of one hundred dollars
($100.00) for the first day, seventy -five dollars ($75.00) per day thereafter be
retroactively imposed beginning on January 21, 2010.
Motion by Mr. Lotspeich, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and be given until February 8, 2010 to come into
compliance or the fine in the amount of one hundred dollars ($100.00) for the first day,
seventy -five dollars ($75.00) per day thereafter be retroactively imposed beginning on
January 21, 2010. Vote on the motion carried unanimously. (Copy of the Board Order
to be sent to St Johns River Water Management District.)
3. Case No. 09 -00159 - Violation of Section 30 -27, Alarm Permit Required; Feet
Renewal, of the City of Cape Canaveral Code of Ordinances, (377 Imperial Blvd,
Unit C1) - Leasure Surfboards, Inc., Edward C. Leasure, R.A.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
DISCUSSION:
1. Draft Visioning Report.
Todd Morley, Building Official, stated that a copy of the draft visioning report, created by
the East Coast Florida Regional Planning Council, was included in their packets for the
December meeting.
Mr. Morley explained that the City Council would like to have one or two representatives
to speak during a workshop on February 23, 2010 at 5:30 pm. Mr. Hale and Mrs. Russel
stated that they could attend.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:08 P.M.
Approved on this , - day of , 2010.
Mary Russ011, Chairperson
Joy Lombardi, Board Secretary