HomeMy WebLinkAboutMinutes 07-23-2009 •
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JULY 23, 2009
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral,
Florida was held on July 23, 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
Walter Godfrey
James Hale
Karen Hartley
Lynn Mars
Ralph Lotspeich 1s Alternate
MEMBERS ABSENT
Charles Biederman
Raymond Viens Vice - Chairperson
OTHERS PRESENT
Duree Alexander 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 August 20,
2009.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: May 21, 2009.
Motion by Ms. Hartley, seconded by Mr. Hale, to approve the meeting minutes of May
21, 2009, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
July 23, 2009
Page 2
COMPLIANCE HEARINGS:
1. 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 provided and overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that the
respondent has requested additional time to work on the tree replacement remediation
with the Building Official.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance 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, and amend the Board Order to give the respondent until August 20, 2009 to
come into compliance and meet the tree replacement remediation requirements per
Section 102- 49(b).
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in non - compliance, and be given until August 20, 2009 to come into
compliance and meet the tree replacement remediation requirements per Section 102 -
49(b). Vote on the motion carried unanimously.
2. Case No. 09 -00028 — Violation of Section 34- 98(6), Article III, Building
Appearance & Maintenance, of the City of Cape Canaveral Code of Ordinances;
and Section 304.1, Interior Structure; Section 304.2, Structural Members, of the
International Property Maintenance Code, as adopted by Section 82 -221, of the
City of Cape Canaveral Code of Ordinances, (8500 Rosalind Ave.) — Whispering
Oaks Condo Ph 1, c/o Marilyn A. Rigerman, R.A.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
PUBLIC HEARINGS:
1. Case No. 08 -00198 — Violation of Section 34- 96(d), Standards Established: and
Section 110 - 335(1) Prohibited Uses and Structures, of the City of Cape
Canaveral Code of Ordinances; and Section 303.1, General; Section 303.4,
Structural Members, of the International Property Maintenance Code, as adopted
by Section 82 -221, of the City of Cape Canaveral Code of Ordinances, (200 W.
Central Blvd.) Abulghasem & Ahmad Nasaipour, Trustee.
Code Enforcement Officer, Duree Alexander provided and overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that, after
obtaining an inspection warrant, a site visit revealed multiple violations. Officer
Alexander stated that the respondent has corrected a few of the violations on the
property; however, he is still in violation of having farm animals, an unsafe structure, and
electrical violations. Discussion followed. The respondent was not present at the
meeting.
Code Enforcement Board
Meeting Minutes
July 23, 2009
Page 3
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 34- 96(d), Standards Established; and Section 110- 335(1) Prohibited Uses
and Structures, of the City of Cape Canaveral Code of Ordinances; and Section 303.1,
General; Section 303.4, Structural Members, 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 September 21, 2009 to come into compliance or be fined
in the amount of seventy -five dollars ($75.00) for the first day and fifty dollars ($50.00)
per day thereafter until found in compliance.
Motion by Mr. Hale, seconded by Ms. Harley, to accept staff's recommendation and find
the respondent in violation, and be given until September 21, 2009 to come into
compliance or be fined seventy -five dollars ($75.00) for the first day and fifty dollars
($50.00) per day thereafter until found in compliance. Vote on the motion carried
unanimously.
2. 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 provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that the
violation is for work without a permit and the approved final inspection. Officer
Alexander explained that Atlantic Air, Inc. pulled a permit that expired prior to obtaining
an approved final inspection and a permit was applied for by Kabran A/C.
Mrs. Angela Preston testified that Atlantic Air did not complete the work and they hired
Kabran A/C to complete the work and call for the 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 September 21, 2009 to come into compliance or be
fined in the amount of seventy -five dollars ($75.00) for the first day and fifty dollars
($50.00) per day thereafter until found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in violation, and be given until September 21, 2009 to come into
compliance or be fined seventy -five dollars ($75.00) for the first day and fifty dollars
($50.00) per day thereafter until found in compliance. Vote on the motion carried
unanimously.
3. Case No. 09 -00104 — 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, (325 Ocean Park La.)
— Villages of Seaport Condo. c/o Russell d. Klemm, R.A. (Lenard D. & Ana
Sledz).
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
Code Enforcement Board
Meeting Minutes
July 23, 2009
Page 4
4. 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 stated that the respondent requested to
postpone this item until the next scheduled meeting. Brief discussion followed.
Motion by Mr. Lotspeich, seconded by Mr. Godfrey, to postpone until the August 20,
2009 meeting date. Vote on the motion carried unanimously.
OLD BUSINESS:
1. Case No. 09 -00041 — Violation of Section 102- 38(a)(b)(1)(2), Enforcement and
Penalties; Section 102- 39(a), Permit Required; Section 102- 49(a)(b), Remedial
Action, of the City of Cape Canaveral Code of Ordinances, (7081 Ridgewood
Ave.) — Casa Del Mar Condo Assoc. of Brevard, c/o Alice Neilsen, R.A.
(Application for Satisfaction or Release of Code Enforcement Lien)
Code Enforcement Officer, Duree Alexander provided a brief overview of the Case
history for the Board's review.
Officer Alexander stated that the respondent is requesting that the Code Enforcement
Board recommend that council satisfy the lien in the amount of two hundred and fifty
dollars ($250.00). Discussion followed regarding staff costs associated with the case.
Ms. Neilsen stated that she was not aware of additional costs and questioned what the
amount was. Officer Alexander did not have the amount and said she would get back to
her.
Motion by Mr. Hale, seconded by Mr. Mars, to recommend that City Council satisfy the
lien in the amount two hundred and fifty dollars ($250.00). Vote on the motion carried
unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:09 P.M.
Approved on thi al day of C %r , 2009.
ary "u-sell, Chairperson
Joy rdrnbardi, Board Secretary