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HomeMy WebLinkAboutMinutes 12-17-2009 • CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES DECEMBER 17, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on Decemberl7, 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 Chairperson Raymond Viens Vice - Chairperson James Hale Karen Hartley Ralph Lotspeich Lynn Mars MEMBERS ABSENT Walter Godfrey 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 January 21, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: November 19, 2009. Motion by Mr. Hale, seconded by Mr. Viens, to approve the meeting minutes of November 19, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes December 17, 2009 Page 2 COMPLIANCE HEARINGS: 1. Case No. 08 -00127 — Violation of Section 34 -96, Standards Established; Section 34 -97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 304.2, Structural Members; 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, (8740 Croton Ct.) - Chase Home Finance, LLC, 0/0 David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that on November 20, 2009 access was granted for a site inspection that revealed damaged roof trusses and black mold. Officer Alexander stated that a certified letter was sent to Chase Home Financing & Florida Default Law regarding the results of the inspection and a request to repair the roof as soon as possible. Officer Alexander stated that she received a call from the adjoining property owner located at 8734 Croton Court, regarding water leaking into her unit and the paint on her walls bubbling. Sharon Harrell of 8734 Croton Court, testified that she has severe water damage to her unit and that the condition of the adjoining unit has affected her property value and the living conditions of the surrounding properties. Mrs. Harrell stated that she has contacted her insurance company of the damage and they are sending somebody to remove the drywall and test for water in the walls; however, the insurance company will not repair the damage until the contributing problem with the neighbor's property is repaired. Todd Morley, Building Official, testified that roof of the Northwest unit has severe structural damage due to the condition of the roof trusses. Mr. Morley stated that the trusses have wood rot and would not carry the design load. Mr. Morley further stated that an engineering evaluation will be required to repair the trusses. However, a minor emergency repair could be made in the interim. Officer Alexander stated that Chase told her that due to the severity of the situation to the adjoining property owner, they would try to move quickly to resolve the problem. Officer Alexander further stated that a roofing contractor would be out there on Monday to assess the damage. 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), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 304.1, Interior Structure; 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, and issue an order formally finding that this property constitutes a violation presenting serious threat to the public health, safety, and welfare as stated under section 162.06(4) Florida Statutes, and impose a fine in the amount of two hundred and fifty dollars ($250.00) per day and all costs associated with the violation until found in compliance. r/ Code Enforcement Board Meeting Minutes December 17, 2009 Page 3 Attorney, Kate Latorre, stated that the recommendation should be to find the respondent in non - compliance of the board order. Attorney Latorre also stated that the order has the recommendation to Council to authorize entry to the property. Officer Alexander stated that she would like to amend the order to remove council recommendation and provide the respondent until January 21, 2010 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day. Attorney Latorre stated that the fine has already been set in the order and is retroactive beginning on November 19, 2009. Discussion followed regarding the existing order. It was the consensus of the Board to deny additional time and amend the board order to remove the Council's recommendation for inspection and include a statement that the priority must be the repair of the roof. Motion by Mr. Mars, seconded by Mr. Viens, to find the respondent in non - compliance and file the amended board order (amended to remove council referral and specify the priority of the roof repair) imposing the fine in the amount of two hundred and fifty dollars ($250.00) per day, to be retroactively imposed beginning on November 19, 2009. Vote on the motion carried unanimously. 2. Case No. 09 -00162 — Violation of Section 34- 122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment, of the International Property Maintenance Code, as adopted by Section 82 -221, of the City of Cape Canaveral Code of Ordinances, (242 Canaveral Beach Blvd.) - Eudora R. & Leander D. George, Property Owners. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 09 -00202 — Violation of Section 34- 122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, (321 Washington Ave.) — Dale G. & Carol M. Allenbaugh, 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 a site visit revealed the property was overgrown with trash and debris that needed to be removed. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34- 122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, and be fined in the amount of one hundred dollars ($100.00) for the first day, seventy -five dollars ($75.00) per day thereafter, and all costs associated with the violation 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 fined in the amount of one hundred dollars ($100.00) for the first day, seventy -five dollars ($75.00) per day thereafter, and all costs associated with the violation until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes December 17, 2009 Page 4 2. Case No. 09- 00211— Violation of 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, (414 Adams Ave.) — Surfside Machinery, Inc., C/O John K. Butz, R.A. & Hot Lava Properties, Inc., 0/0 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 a site visit revealed the property was overgrown and the vegetation needed to be trimming. Officer Alexander respectfully requested that the Board find the respondent in violation of 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 be given until January 8, 2010 to come into compliance or be fined in the amount of two hundred dollars ($200.00) for the first day, seventy -five dollars ($75.00) per day thereafter, and all cost associated with the violation 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 January 8, 2010 to come into compliance or be fined in the amount of two hundred dollars ($200.00) for the first day, seventy -five dollars ($75.00) per day thereafter, and all cost associated with the violation until found in compliance. Vote on the motion carried unanimously. (Mr. Mars stepped away during discussion and therefore did not vote.) DISCUSSION: 1. Review of the 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. Mr. Morley explained that the report was compiled with community input to determine what we want our city to look like. Further, the City Council wants to have comments from all City boards before they adopt the document. Mr. Morley asked that the Board submit their comments to him by the end of the year. Mr. Hale stated that the report was very thorough and covered every aspect of all of the meetings and said that he was impressed with the report. Mr. Morley suggested that the Code Enforcement Board take into consideration their roll in the health and safety of the City as well as the aesthetics of the City. He said that we need to decide whether to accept this report or suggest modification to it; as it will be our guiding document to whatever we do. • Mr. Morley further informed the Board that, beginning in January 2010, all City Board meetings and Council meetings will be held in the Library Meeting Room. • Code Enforcement Board Meeting Minutes December 17, 2009 Page 5 ADJOURNMENT: There being no further business the meeting adjourned at 8:16 P.M. /D C � < Approved on this / aay of ' , 200 — Tha d A L � -- � Mary Russell Chairperson Jci,Lombardi, Board Secretary