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HomeMy WebLinkAboutCEB MINUTES ~ 06-23-11CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 23, 2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 23, 2011, in the Cape Canaveral Public Library Meeting Room at 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 Raymond Viens Walter Godfrey James Hale Karel) Hartley Ralph Lotspeich Lvnn Mars Duree Alexander Jov Lombardi Todd Morley Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Building Official Assistant City Attorney I he Inuard f lerflDer5 established that the next meeting would be held on July 2 1 , 20 1 I . Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: May 19, 2011. Motion by Mr. Viens, seconded by Mr. Godfrey, to approve the meeting minutes of May 19, 2011, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes June 23, 2011 Page 2 COMPLIANCE HEARINGS: Case No. 10-00047 -- Violation of Section 110-555, Paving of Vehicular Use Areas, Section 110-492, Location of Spaces, Section! 110-339, Off Street Parking Ig and Access, of the City of Cape Canaveral Code of Ordinances; and NFPA 1, Fire Lanes, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (9009 Astronaut Blvd.) — Portview inn & Suites, LLC dca Count ,r inn & Suites c/o Dale L. Cox, R.A. Code Enfor cemUi -nt Officer, Duree Alexander, provided ail oVery ie Vv of tl e- Case lllstory and presented exhibits Tor the Lioard"s review. � �tticer Alexander testitled that the respondent has failed to comply and is continuing to allow parking on the grass. Officer Alcxander stated that staff has documented 7v days that the violation! has con ti..ued to occur. Officer Alexander stated that the fine was previously established at $500 per day. Kent Oliver, Partner of Portview Inn & Suites, LLC, testified that they have tried to be good corporate citizens and have expanded the parking by 52 parking spaces. Mr. Oliver explained that they have been working to get a restaurant on the front pad; however, given the current economy, that has not been successful. He further explained that the dilemma is that the Port ships have changed schedules and the overlap is exceeding what they expected for the extra parking. Mr. Oliver stated that a $38,000.00 fine would %e ruie�,ac"$atinn try the company and nrnnnve�3 to spend the mnncis to avnand ti�a nxrarf n.i i ..y .. --.I, y u 11 vt..v upv, u v v� vy dv �..nN i. a �. vv 1.—V parking. Mr. Oliver further stated that the current City, Code requires landscape and islands within the parking area and asked if he would be permitted to install the island and landscape along A1A so he would not have to tear it out in the event of a restaurant being built at that location. Building Official, Todd Morley, stated that the Zoning Code does not give Staff the authority to alter the previsions of the Code. Mr. Morley_ further stated that a variance is the only way, if it qualifies to be a variance. City Attorney, Kate Latorre, stated that she was not sure that he could get a variance for LI ie Ial ltd'O7,Ope al IU t,.Ul LJ' IJIQI IU I equlrel l lel1'IiJ VI LIIU L-Ul IIlrlg %rUUC. Ed Kortum, representative for Country Inn & Suites, testified that the additional 52 parking spaces initially worked; however Sins the cr! iise shins rhanneri the schedules they are getting more cars parking there than they expected. Mr. Kortum stated that they did not foresee this problem. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 110-555, Paving of Vehicular Use Areas; Section 110-492, Location of Spaces; Section 110-339, Off Street Parking and Access, of the City of Cape Canaveral Code of Ordinances and the fine in the amount of five hundred dollars ($500.00) per day be imposed for the dates established by staff (76 days) and continue to accumulate for every day documented by staff until found in compliance. Discussion followed regarding additional time to allow the respondent to apply for a permit to expand the parking. Corte Enforcement Beard Meeting Minutes June 23, 2011 Page 3 Shannon Roberts stated that during the visioning efforts, the group envisioned A.1A to be a scenic artery for the City with tree lined streets and not intended for cruise parking. Country Inn & Suites went beyond the additional 52 spaces and Ms. Roberts expressed her concerns ! ns that if they are allowed to increase ease t he parking, it could jet a precedent and the City could become the "Parking Lot for the Port". She stated that it is her belief that cruise parking was not what was envisioned for the City. Discussion followed. r ou-t-Nn— Fhy i —r . len...- econded by 1.1, rGodlrey, to accept staff s recommendation with Lilo , addition of giving the respondent 90 days to sub `mit a permit application to obtain addltlorldl permitted pIIG arking, or impose the fiIn the arnuoulit of five huindred dollars ($,sn r?.nn, per day until found in compliance. Vote on the motion carried unanimously. v"r. Morley asked t9 ie Board to clarify for be that record LI I LI M; Board Is riot weiglIII ly ii I ol^I the Code requirements for design standards for parking lots being relaxed. It was the consensus of the Board that they were not. PUBLIC HEARINGS - Case No. 10-00130 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, (8010 N. Atlantic Ave. Unit #4) — Delorse A. Kopitas, 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 work without a permit. Officer Alexander stated that the owner initially applied for the permit; however it required a licensed contractor. She further stated that a contractor was issued a permit for the work but the inspector required the contractor submit an affidavit to certify the work was performed per the plans and Buildinq Codes. 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 Sectio! I 82-3-1 , of the City of %Cape Canaveral[ Csode of Ordinances and be given until July 21, 2011 to ry°omev into compliance. Mntinn by Mr. Godfrey,seconded by Mr. Hale, to accept staff's recommendatinn nnri finri the respondent in violation and be given until July 21; 2011 to come into compliance. Vote on the motion carried unanimously. 2. Case No. 11-00030 — Repeat Violation of Section 301.1. General, of the Standard Unsafe Building Abatement Code 1985 Edition, as adopted by Section 82-56, of the City of Cape Canaveral Code of Ordinances. Section 34-96(d), Standards Established: and Section 34-97(1). Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances. (105 Justamere Rd.) — Donald J. Regan, Jr. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Code Enforcement Board Meeting Minutes June 23, 2011 Page 4 Officer Alexander testified that the violations are for an unsafe structure and the condition of the property. Officer Alexander stated that, following a complaint regarding the condition of the property, Deputy Hoffman conducted a foot patrol of the area and noticed that the structure had several spots where e there was no floor and appeared to be u! (safe. She further testified that on May 11, 2011, the property was posted `Unsafe' by the Building Official. Officer Alexander stated that the respondent has been cited on many occasions for Building Appearance and Maintenance, Standards Established, & Duties and Responsioi11ties for Maintenance ano the property continiles Eo k a nuisance. Donald Regan, property ovViier, testified that It costs over a th[OuScand d0I1arz) to fix the property and stated that he is ready for an inspection. Donna 1-il ln, Mr. Regan's roommate, requested additional time to c01-11ply if the inspectio!! did not pass. Officer Alexander stated that they have an appointment to do the inspection on Monday morning (June 27, 2011). Truman Jones, Manager of the neighboring Carvers Cove Trailer Park, testified that they have had problems with this property since 2006. Mr. Jones stated that Mr. Regan has allowed people to live in the storage building and behind the building on mattresses. Mr. Jones further stated that the property is nasty and has been a nuisance to their property next to Mr. Regan's. He said that they have had to call the police 15 or 20 times this year alone and he would like to see something done to force him to clean up the grope L.Y. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 301.1, General, of the Standard Unsafe Building Abatement Code 1985 Edition, as adopted -by--Section,-82-56, of the Cit of f Gape Canaveral Code of Ordinances, and be given until July 21, 2011 to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) per day retroactively beginning on May 11, 2011, until found in compliance; and Officer Alexander respectfully requested that the Board find the respondent a repeat violator of Section 34-96(d), Standards Established: and Section 34-97(x, Duties and Responsibilities for iviaintenance, of the CRY • of Cape Canaveral Code of Ordinances, and be given until July 21 2011 to come into compliance or impose a fine in the amount of compliance vv v u� . v five hundred dollars ($500.00) per day retroactively beginning on May 11, 2011, until fni inn in compliance Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in violation, and be given until July 21, 2011 to come into compliance or impose the fines as stated in the recommendation. Vote on the motion carried unanimously. 3. Case No. 11-00031 — Repeat Violation of Section 110-468, Accessory Structure: Section 34-96(d), Standards Established: and Section 34-97(1), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances. (107 Justamere Rd.) — Donald J. Regan, Jr. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Code Enforcement Board Meeting Minutes June 23, 2011 Page 5 Officer Alexander testified that this is a repeat violation for allowing people to sleep in the shed. Officer Alexander stated that, following a complaint regarding people living in the shed, an inspection was conducted with Deputy Hoffman. During the inspection the officer observed two females inside the shed, mattresses on the floor, , a chair in the corner, and personal items inside. Ms. Williams told the officer that she was staying in the shed because she was homeless. Also, Mr. Regan told the officer that he helps women that are homeless by giving them somewhere to stay. Officer Alexander testified that she observed a female aShnannn a mattrnSS in thn c"npn -- Mr. Regan, property owner, testified that he let a woman ian that vvas beat up by her boyfriend sleep in his shed for one night. He further stated that he did not know about the others. Truman Jones, Manager of the neighboring Carvers Cove Trailer Park, testified that the entire area is a mess and he has asked him to clean up the property and the City has asked him to clean up the property. Mr. Jones stated that every night Mr. Regan has drunks sleeping in the shed and in the yard. Mr. Jones further stated he would like to s,ee this stop. Officer Alexander respectfully requested that the Board find the respondent a repeat violator of Section 110-458, Accessory Structure; Section 34-95(d), Standards Established; and Section 34-9711), E`=uties and Responsibilities for Iviaintenance, of the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of five hundred dollars ($500.00) for May 10 2011 and five hundred dollars ($500.00) for May 11, 2011, including all cost associated with the enforcement of the violation. Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation and impose a fine in the amount of five hundred dollars ($500.00) for May 10, 2011 and five hundred dollars ($500.00) for May 11, 2011. Vote on the motion carried unanimously. �•7>A� il.�Ir<13.Y.� 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 Gape Canaveral Code of Ordinances, (5395 N Atlantin Ave,) —Banana River LP. dba Banana River of Delaware LTD: North Atlantic Properties, LLC: Helen M. Ward. R.A. (Application for Satisfaction or Release of Code Enforcement Lien by Foster New Bern, Inc.). 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 property was brought into compliance by the former property owner, Banana River LP, on December 21, 2010. Officer Alexander stated that the bank took possession of the property via foreclosure and is requesting a satisfaction or release of lien. The total of the outstanding lien is $88,500.00. Code Enforcement Board Meeting Minutes Tune 23, 2011 Page 6 Rusty Mouton, Representative for Foster New Bern, Inc., testified that they filed a foreclosure suite on the property; however, the complainants filed bankruptcy which delayed the process. Mr. Mouton I! stated that, upon � being awarC of the violation, I, they contacted Code Enforcement and agreed to pay for the demolition of the building as soon as they took ownership of it; meanwhile the building was brought into compliance. Mr. Mouton further stated that they were proactive to remedy the situation and is requesting a saticfarTinn nr rnAi intinn of the lien �3 C.i (isI—I—ii..i i vai (.i 43 (i 4i1 i 431 (i iii ii "vi i. Off iLcel Al extra idCr ICJ pectfu I ly neq uetste-d th at the BuaId recomnr-n end red uctlon UI the Code Enforcement Lien to staff costs in the amount of $2,771.80, plus the City Attorney's costs which, to date, have not yet been tabulated. Motion by Mr. Godfrey, seconded by Mr. Viens, to recommend that City Council reduce the lien to staff costs in the amount of two thousand seven hundred seventy-one dollars and eighty cents ($2,771.80), plus the City Attorney's costs. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:45 P.M. r Approved on this ;, /-day of ;_&V, , 2011. � o J Lombardi, Board Secretary r�. Mary Russ' II, Chairperson V