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Home My WebLink AboutMinutes 10-22-2009 0 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES OCTOBER 22, 2009 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 22, 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 Walter Godfrey James Hale Ralph Lotspeich MEMBERS ABSENT Karen Hartley Lynn Mars OTHERS PRESENT Duree Alexander Code Enforcement Officer Michael Richart Code Enforcement Officer Joy Lombardi Board Secretary Bob Hoog Mayor Pro Tem Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on November 19, 2009. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 23, 2009. Motion by Mr. Godfrey, seconded by Mr. Hale, to approve the meeting minutes of July 23, 2009, as written. Vote on the motion carried unanimously. +er • Code Enforcement Board Meeting Minutes October 22, 2009 Page 2 COMPLIANCE HEARINGS: 1. Case No. 06 -00087 — Violation of Section 34- 96(a)(b), Standards Established; Section 34- 98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and 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, (8303 Rosalind Ave.) Joseph Blanchard, Property Owners. Code Enforcement Officer, Duree Alexander provided and overview of the Case history and presented exhibits for the Board's review. Officer Alexander explained that the respondent only had a few items to complete and stated that the permit will not expire until January 2, 2010. Officer Alexander respectfully requested that the Code Enforcement Board amend the Board Order to give the respondent until November 19, 2009 to come into compliance. Motion by Mr.Viens, seconded by Mr. Hale, to accept staff's recommendation and give the respondent until November 19, 2009 to come into compliance. Vote on the motion carried unanimously. 2. Case No. 07 -00117 — Violation of Section 34- 98(4)(8), Building Appearance & Maintenance; Section 34- 96(d), Standards Established; Section 82 -12, Unsafe Buildings or Systems; Section 82 -56, Article III Unsafe Building 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 testified that this Case is in compliance. 3. 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 304.1, Interior Structure; 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.) Robert B. Muckenfuss, Property Owner. • Code Enforcement officer, Duree Alexander stated that the respondent was not properly noticed and requested the item be postponed until the next scheduled meeting. 4. Case No. 08 -00143 — Violation of Section 102, Tree Protection; and Section 102- 38, Enforcement and Penalties; Section 102- 39(a), Permits, of the City of Cape Canaveral Code of Ordinances, (211/213 Jefferson Ave.) — Gerry Schmitz, Property Owner. Code Enforcement officer, Duree Alexander stated that the respondent was not properly noticed and requested the item be postponed until the next scheduled meeting. 3 Code Enforcement Board Meeting Minutes October 22, 2009 Page 3 5. Case No. 08 -00147 — Violation of Section 34- 98(6), Article HI, Building Appearance & Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 303.7, Roofs & Drainage, of the International Property Maintenance Code, as adopted by Section 82 -221, of the City of Cape Canaveral Code of Ordinances, (8744 Seagrape Ct.) David R. Benedilk, Trustee. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 6. Case No. 09 -00035 — 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, (300 Beach Park La.) — Villages of Seaport Condo. c/o Russell d. Klemm, R.A. (Thomas Preston). Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: 1. Citation No. 0038 — Violation of Section 82 -375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (226 Harbor Dr.) Victoria Tucker, Contractor. Code Enforcement Officer, Duree Alexander provided a brief overview of the Citation history for the Board's review. Officer Alexander testified that the Citation was issued to the contractor for the removal of a tree without a permit. Victoria Tucker testified that she was not aware that a permit was needed to remove a tree. She further stated that the tree was dying and that it was damaging the roof of the house and walkway. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 82 -375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, deny the appeal for the citations to be revoked, and impose the civil citation fine in the amount of five hundred dollars ($500.00). Officer Alexander further requested that the respondent be given thirty (30) days to pay the fine or impose all costs associated with the enforcement of the violation in addition to the five hundred dollar ($500.00) fine. Discussion followed. Motion by Mr. Vien, seconded by Mr. Lotspeich, to accept staff's recommendation and give the respondent 30 days to pay the citation or impose all costs associated with the enforcement of the violation in addition to the five hundred dollar ($500.00) fine. Vote on the motion carried unanimously. 2. Citation No. 0077 — Violation of Section 82 -375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances _ (308 Surf Dr.) Brevard Air & Refrigeration, Inc., Contractor c/o Adam G. Shaffer, R.A. Code Enforcement officer, Duree Alexander stated that the respondent was not properly noticed and requested the item be postponed until the next scheduled meeting. Code Enforcement Board Meeting Minutes October 22, 2009 Page 4 3. Case No. 09 -00099 — Violation of Section 70 -68, Violation; Penalty; Section70- 69, Receipt Required; Section 70 -71, Engaging in Business Without Paying Tax, of the City of Cape Canaveral Code of Ordinances, (7017 Orange Ave.) — Timothy L. & Andrea P. King, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 4. Case No. 09- 000166 - 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. #108) — TBC Realty LTD, c/o Tommy Blair, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 5. Case No. 09 -00185 — Violation of Section 34 -97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (431 Monroe Ave.) — Coral Bay Condominium Association, Inc., c/o Giuseppe Conoscenti, R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. ADJOURNMENT: There being no further business the meeting adjourned at 7:27 P.M. Approved on this !q day of itfo✓e , 2009. C' \ Mary Russell, Chairperson Joy Lombardi, Board Secretary