HomeMy WebLinkAboutMinutes 05-22-2008CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
MAY 22, 2008
7:00 PM
A Regular Meeting of the code Enforcement Board of the City of cape Canaveral, Florida
was held on May 22, 2008, 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
Raymond Viens
Charles Biederman
Edward Ciecirski
James Hale
Lynn Mars
MEMBERS ABSENT
Karen Hartley
Walter Godfrey
OTHERS PRESENT
Joy Lombardi
Todd Morley
Michael Richart
Bob Hoog
Shannon Roberts
Kate Latorre
Chairperson
Vice -Chairperson
1 St Alternate
Board Secretary
Building Official
Code Enforcement officer
Mayor Pro Tem
City Council Member
Assistant city Attorney
The Board members established that the next meeting would be held on June 19, 2008.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEVA BUSINESS:
1. Approval of Meeting -.Minutes: A ril 17 2008.
Motion by Mr. Viens, seconded by Mr. Biederman, to approve the meeting minutes of April
177 2008, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 22, 2008
Page 2
COMPLIANCE HEARINGS:
1. Case No. 06-00059 — Violation of Section 82-221 International Property
Maintenance Code (IPMCIAdopted-,-.IPMC Section 108.1 General! IPMC Section
108.1.1, Unsafe Structures: Section 82-31 Florida Building Code Adopted'
Sections 104.1.1, and 105.4, Florida Building Code -Permits & Inspections of the
City of Cage Canaveral Code of Ordinances. (7902 Ridgewood Ave) —Michael
Conrov, Property Owner.
Code Enforcement officer, Michael Richart testified that this Case is in compliance.
2. case No. 05-00052 — Violation of Section 82-221, International Property
Maintenance code IPMC Ado ted; IPMC Section 108.1, General; IPMC Section
108.1.1 Unsafe Structures; Section 303.11 Stairways, Decks Porches &
Balconies of the City of Cape Canaveral code of ordinances 7908 Rid ewood
Ave. — Marsha K. & Kent C. Howe Propeay owner.
Code Enforcement officer, Michael Richart provided an overview of the Case history and
presented exhibits for the Board's review. officer Richart testified that the violation is for
an unsafe structure and the respondent is in non-compliance.
Staff respectfully requested that the code Enforcement Board find the respondent in non-
compliance of the International Property Maintenance code (IPMC), Section 108.1.1,
Unsafe Structures; Section 303.11, Stairways, Decks, Porches and Balconies; as adopted
by Section 82-221, of the City of Cape Canaveral Code of ordinances, and impose the
fine of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars
($100.00) everyday thereafter, retroactive from August 23, 2007, until the respondent is
found in compliance.
Motion by Mr. Ciecirski, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in non-compliance and impose the fines retroactive from August 23, 2007.
Vote on the motion carried unanimously.
3. Case No. 07-00108 — Violation of Section 14-55 Existin Develo ment- Section
14-55 New Development Turtle Li htin of the City of Cape Canaveral code of
ordinances 7520 Ridgewood Ave. — Canaveral Towers Condominium
Association c/o Cynthia Shaffer R.A.
Code Enforcement officer, Michael Richart testified that this Case is in compliance.
4. case No. 07-00109 — Violation of Section 14-55 Existing Development: Section
14-55 New Develo men( Turtle Li htin of the City of Cape Canaveral code of
ordinances 8500 Ridgewood Ave. — Ro al Mansion Condominium Association
c/o Keith A. Acker General Mana er.
Code Enforcement officer, Michael Richart provided an overview of the Case history and
presented exhibits for the Board's review. Officer Richart testified that the respondent is
working to correct the Violation.
Code Enforcement Board
Meeting Minutes
May 22, 2008
Page 3
Staff respectfully requests that the Code Enforcement Board find the respondent in non-
compliance of Section 14-56, Existing Development; Section 14-55, New Development
(Turtle Lighting), of the City of Cape Canaveral Code of Ordinances, and be given until
July 17, 2008 to come into compliance or impose the fine of five hundred dollars ($500.00)
for the first day, one hundred and fifty dollars ($150.00) for the next day, and one hundred
dollars ($100.00) everyday thereafter, retroactive from May 22, 2008.
Motion by Mr. Viens, seconded by Mr. Biederman, to accept staff's recommendation and
find the respondent in non-compliance and be given until July 17, 2008 to come into
compliance or impose the fines retroactive from May 22, 2008. Vote on the motion carried
by a 5 to 1 majority with Mr. Mars against.
5. Case No. 07-00113 — Violation of Section 14-56 Existing Develo menta Section
14-55 New Development Turtle Li htin of the City of Cape Canaveral Code of
Ordinances. 8470 Ridgewood Ave. — Flores Del Mar Condominium Association
c/o Petey Davis R.A.
Code Enforcement Officer, Michael Richart provided an overview of the Case history and
presented exhibits for the Board's review. officer Richart testified that the respondent is
working to correct the violation.
Staff respectfully requests that the Code Enforcement Board find the respondent in non-
compliance of Section 14-56, Existing Development; Section 14-55, New Development
(Turtle Lighting), of the City of Cape Canaveral Code of ordinances, and be given until
July 17, 2008 to come into compliance or impose the fine of five hundred dollars ($500.00)
for the first day, one hundred and fifty dollars ($150.00) for the next day, and one hundred
dollars ($100.00) everyday thereafter, retroactive from May 22, 2008.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the
respondent in non-compliance and be given until July 17, 2008 to come into compliance or
impose the fines retroactive from May 22, 2008. Vote on the motion carried by a 5 to 1
majority with Mr. Mars against.
6. Case No. 07-00212 - Violation of Section 105.1 Permit Required: and Section
109.1 Insl2ections General of the Florida Buildina Code as ado ted by Section
82-31 of the City of Cape.... Canaveral Code of ordinances 121 Monroe Ave. —
Richard Ko itas Pro a Owners.
Code Enforcement Officer, Michael Richart testified that this Case is in compliance.
7. Case No. 08-00021 - 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 Citv of Cape Canaveral Code. of ordinances 8501 Astronaut Blvd.))—
Pantelis Marko iannakis Owner.
Code Enforcement Officer, Michael Richart provided an overview of the Case history and
presented exhibits for the Board's review. Officer Richart testified that the violation is for
work without the required permit and inspections, specifically, the installation of store -front
windows.
Code Enforcement Board
Meeting Minutes
May 22, 2008
Page 4
Because of a previous violation concerning an unpermitted ground sign, staff respectfully
requested that the Code Enforcement Board find the respondent a repeat violator of the
Florida Building Code (FLBC), Section105.1, Permit Required; and Section 109.1,
Inspections General; as adopted by Section 82-31, of the city of cape Canaveral Code of
Ordinances, and be given until May 22, 2008 to come into compliance or be fined two
hundred and fifty dollars ($250.00) for the first day and one hundred and twenty-five
dollars ($'125.00) for everyday thereafter, until found in compliance.
Pantelis Markogiannakis, property owner, testified that he did not know the sign was
installed without the permit and further stated that he had trouble finding a window
contractor and specifications on the windows.
Assistant City Attorney, Kate Latorre, requested verification that the respondent was found
in violation of the same code section to establish the status of a repeat violator. The Code
Enforcement officer could not confirm.
Motion by Mr. Viens, seconded by Mr. Hale, to postpone the case until the next scheduled
meeting date (June 19, 2008) to provide the code enforcement officer time to verify the
code section cited for the ground sign. Vote on the motion carried unanimously.
8. Case No. 08-00023 — Violation of Section 110-91 Conformity to Plans
Specifications, Intended Uses and Applications Section 110-121 Certificate of
Occupancy Required: and Section 110.1 Use and Occupancy of the Florida
Building Code, as adopted by Section 82-31 of the City of Caoe Canaveral Code
of Ordinances. (576-580 Casa Bella Dr.) — John R Kancilia Esq R A William
Young. MGRM.
Code Enforcement Officer, Michael Richart provided an overview of the Case history and
presented exhibits for the Board's review. officer Richart testified that the violation is for
not obtaining the required Certificate of occupancy for a three -unit condominium building.
Officer Richart stated that the respondent has not complied with the St. Johns River Water
Management District (SJRWMD) permit requirements for the storm water system changes
that were made; which is for this reason that the Building Official has withheld issuance of
the Certificate of occupancy.
Staff respectfully requested that the Board find the respondent in non-compliance of
Section 110-91, Conformity to Plans, Specifications, Intended Uses and Applications;
Section '110-121, certificate of Occupancy Required; and Section 110. 1, Use and
Occupancy; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape
Canaveral code of ordinances, and impose the fine of two hundred and fifty dollars
($250.00) per day until found in compliance. Discussion followed.
William Young, property owner, testified that he installed the drainage lines to relieve
some of the storm water drainage problems at Bayside Condominium. Mr. Young stated
that an easement agreement had to be drafted, signed by both developments (Bayside
Condominium & Bayport Condominium), and recorded with the County; however, due to
unreasonable requests of Bayside Condominium, they have not signed the agreement.
Code Enforcement Board
Meeting Minutes
May 22, 2008
Page 5
Mr. Young explained that the situation is out of his hands and believes that they will sign
the document. Mr. Young further stated that he could cap the lines to comply with the
original site plan, but it is not in the best interest of the development.
Todd Morley, building official, suggested that we get the opinion of the City Engineer
before the lines are capped. Discussion followed.
Motion by Mr. Biederman, seconded by Mr. Viens, to postpone the case until the next
scheduled meeting date (June 19, 2008) to give the city Engineer time to determine if the
line could be capped. Vote on the motion carried unanimously.
PUBLIC HEARINGS:
1. case No. 07-00213 - Violation of Section 31.3.4 Detection Alarm &
Communications Systems; Section 31.3.4.1 General: and Section 31.3.4.1.1
A artment Buildin s of the Florida Fire Prevention code as adopted -by Section
38-26 of the City of Ca e Canaveral Code of ordinances 120 Sea ort Blvd. —
Villacies of Sea ort Condo. Association c/o Russell E. Kemm R.A.
Code Enforcement Officer, Michael Richart provided an overview of the case history and
presented exhibits for the Board's review. Officer Richart testified that a safety inspection
by the fire inspector reveled the fire alarm system needs to be upgraded to a monitored
system according to the National Fire Protection Association code (NFPA).
John Cunningham, Assistant Fire Chief, testified that the existing fire alarm system is not
up to the current fire code due to the fact that it is not a monitored system. Mr.
Cunningham explained that there is an exemption to the code, which is to provide a one-
hour fire separation between the units (firewall). This would allow the association to
remove the existing alarm system.
John olive, President of the Condominium Association, testified that the current monitoring
system needed to be activated; however, the association would have to spend
approximately twenty thousand dollars every year for 17 buildings for the monitoring. The
association decided to install the firewalls as required by the code. Mr. Olive stated that
the association hired a contractor to do the repairs and he (the contractor) has submitted
the permit applications and plans for the firewalls. Discussion followed.
Mr. Cunningham testified that, based on a brief review, the plans do not appear to be
adequate to meet the previsions of the code that would exempt the association from
having the fire alarm system monitored. Mr. Cunningham stated that he provided a copy
of the code exemptions to the contractor and he would discuss it further with him.
Staff respectfully requests that the Code Enforcement Board find the respondent in
violation of Section 31.3.4, Detection, Alarm, & Communications Systems; Section
31.3.4.1, General; and Section 31.3.4.1.1, Apartment Buildings, of the Florida Fire
Prevention code, as adopted by Section 38-25, of the City of cape Canaveral Code of
Ordinances, and be given until November 20, 2008 to come into compliance or be fined
two hundred and fifty dollars ($250.00) per day, retroactive from May 22, 2008, until found
in compliance.
Code Enforcement Board
Meeting Minutes
May 22, 2008
Page 6
Mr. Cunningham explained that the violation is a life safety issue and stated that the fire
department would require the association to provide plan revisions within 30 to 60 days in
order to have some progression to correct the violation.
Assistant city Attorney, Kate Latorre, explained that, for the purpose of the Code
Enforcement Board, the compliance date reflects the date that the respondent would be
required to be in total compliance before the fines are imposed. Discussion followed.
Motion by Mr. Ciecirski, seconded by Mr. Hale, to accept staff's recommendation and find
the respondent in violation and be given until November 20, 2008 to come into compliance
or be fined two hundred and fifty dollars ($250.00) per day, retroactive from May 22, 2008,
until found in compliance. Discussion followed. Vote on the motion carried unanimously.
2. Case No. 08-00054 -- Violation of Section 110-555 Paving of Vehicular Areas-
Section 110-492 Location of Spaces: Section 110-339 off-street Parkin &
Access: and Section 110-466 Application of Performance Standards of the Ca e
Canaveral Code of ordinances 9009 Astronaut Blvd. Portview Inn & Suites LLC
dba Country Inn & Suites Dale L. cox R.AKelly Powell GM.
Code Enforcement officer, Michael Richart provided an overview of the Case history and
presented exhibits for the Board's review. officer Richart testified that the violation is for
parking on the grass.
Staff respectfully requests that the Code Enforcement Board find the respondent in
violation of Section 110-555, Paving of Vehicular Areas; Section 110-492, Location of
Spaces; Section 110-339, off-street Parking & Access; and Section 110-466, Application
of Performance Standards, of the Cape Canaveral Code of ordinances in order to
establish the violation; therefore, if the violation should reoccur, the respondent could be
found a repeat violator and a fine of five hundred dollars ($500.00) per day could be
imposed.
Kelly Powell, General Manager for Country Inn & Suites, testified that when the fire
department asked them to remove the vehicles from the access road, they asked their
guests to park on the grass. Ms. Powell stated that this was during their peak volume
season and once the guests saw vehicles parked on the grass, they all parked there. Ms.
Powell explained that they have since moved all the cars, and are in the process of
obtaining a permit to pave two extra rows of parking so this problem does not reoccur.
Motion by Mr. Viens, seconded by Mr. Ciercirski, to accept staff's recommendation and
find the respondent in violation. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 22, 2008
Page 7
ADJOURNMENT:
There being no further business the ting adjourned at 8:57 P.M.
Approved on this 'q!%ay of , 2008.
Mary Russ II, Chairperson
Joy Lombardi, Board Secretary