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HomeMy WebLinkAboutCEB MINUTES ~ 05-19-11CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MAY 19, 2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on May 19, 2011, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. CI lair per sol I Mary Russell called the meeting eetil Ig to order at 71:00 PM. The Board Secretary called the roll. Mary Russell Raymond Viens vvaiter Godfrey Karen Hanley Ralph Lotspeich Lynn Mars MEMBERS ABSENT James Hale OTHERS PRESENT Duree Alexander Joy Lombardi Todd Morley Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Buildinq Official Assistant City Attorney The Board members established that the next meeting would be held on June 23, 2011. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: - 1. Approval of Meeting Minutes: April 21, 2011. Motion by Mr. Viens, seconded by Ms. Hartley, to approve the meeting minutes of April 21, 2011, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 19, 201 i Page 2 COMPLIANCE HEARINGS: Lase i Jo. 10-003029 --Violation of Section �1 1 10-551(g H n 1(i ), Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers; Section 34- 96(b); d,, Standards ds EstabliJhed, ilGctlo: ! 34-98(4), Building Appearance !vc a: !d Maintenance; and Section 34-153, Enumeration of Prohibited Noises, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section 50.5.1, General, of the International Property Maintenance Code, as adopted by Section 82.221 of the City of Cape Canaveral. Mode of Oruinnnces 18103 Magnolia Ave.) — Watson L. Witt III, Property Owners. :ode Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 2. Case -K4 0. 10-00145 `- Viola tlVn of 1_ I tIC191 34-979ar, Duties al--ld Resito!!s IbI1 ILIes for Maintenance; Section 34-96(d), Standards Established; and Section 34-98(41 Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (7306 Poinsetta Ave) — Geoffrey M. Duggan, Property Owner. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 3. Case No. 10-00149 — Violation of Section 34-96(d). Standards Established; and Section 34-98(4), Building Appearance and Maintenance, of the City of Cape Canaveral VoUe oI \.Jr dlnai ices, X7304 Poll !sena Ave) — David E. Laii!be i, 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 the condition of the property. She further stated that the property owner has made a good effort to clean-up the property. David Lambert, property owner, testified that the repairs were complete and that his property was in compliance. Officer Alexander added that she was not able to verify compliance due to the lateness of Mr. Lambert's request for a compliance inspection. Officer Alexander respectfully requested that the Board find the respondent non- compliance of Section 34-96(d), Standards Established; and Section 34-98(4), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances and amend the order to give the respondent until June 23, 2011 to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Motion by Ms. Hartley, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non-compliance and be given until June 23, 2011 to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 19, 201 i n rage__ 3) PUBLIC HEARINGS: Case No. 10-00140 - Violation of Section 303.1 General; and Section 303.7 Roos an Drainage, of he In rna ions rr� per+„ �tMai to r„ d (1909Q d t to t PI V}lGt Sy M!aln tG6!a!!ce 6.66.! e JCl edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8713 Hibiscus Ct.) — Eleanor E. Nelson, Property Owner. t".nrin Fnfnrrr-mr-ni t"iffinpr 1- trpp %tipy,�anripr nrnwiripri nn n\rr-n/iP\A/ of fhi,-t :acres hi¢rnr« and presented exhibits for the Board's review. Officer Alexander testified that the 1 f` d" =f +E r: i:- nff: z� ni Astated th- f vio cation is yr the condition ii uic property. v !iGe r-tteianu6rtt at thie i-oii is ii -i disrepair anti possio►y leaKing ::.,.-1 Ta,.,r-� ,�:,-Ir,.-,4 .-.f l:, -,:r,:. - .•,r+„ -f 0✓11 a-1:6,:,-.<.:.-. r+ testified +1-,.,+ a-.� mut t gut to t s t at �; resident tt o �au'LJtt !It IU prop�t ty rat UI t t t t[tatOt uO '. L., testifier[ t1hat a to is diligent in the upkeep of his property, particularly the roof. Mr. Thurz stated that he was notified of the condition of the adjoining roof and has concerns that his property could be affected if the roof is not repaired. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 303.1, General; and Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of two hundred fifty dollars `$Lrvt lffll'i fnr th® firsf day and one hundred dollars ($1 vti.i.00j per day Iher-not r until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and impose a fine in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Officer, Duree Alexander explained that the Pierce Condominium Association, Inc. was dissolved for lack of an annual report on September 26, 2008; the property has fallen into a state of non-compliance, normally the Association would be cited for violations; resultantly, each owner received a notice for the violations on the property. Officer Alexander stated that there is one parcel with four buildings and four units in each building. She further stated that since the violations were the same for the units in each building; she would present the cases by building as follows: 209 Pierce Ave., Units A -D; 211 Pierce Ave., Units A -D; 213 Pierce Ave., Units A -D; & 215 Pierce Ave., Units A -D. Code Enforcement Board Meeting Minutes May 19, 2011 n , ragc �t 2. Case No. 10-00112 (A) — 10-113 (B) — 10-114 (C) — 10-115 (D) — Violation of Section 504.1, General; Section 505.1, General; Section 505.3, Supply; Section 604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section G_LG, of the vitt' of vale Canaveral Code of Ordinances; and n 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (209 Pierce Ave., Unit A -D). ((-.nrii,- Prifnrri Yrn,ani t lffirPr i ti ircae� Abynnri Gar nrnwiriar"i an over /i,�ur of fhi:a Case hi-zfnrx/ and presented exhibits for the Board's review. Officer Alexander testified that the violations for the building include: no water, an electrical violation in the common area, overgrowth, weeds and trash in the common area, and expired fire extinguishers. Officer Alexander stated that no one is currently livina in the ouildina. Randall Webb, property owner of unit 209B, testified that, without the cooperation of the other owners, he has contacted the City of Cocoa to have a separate meter put in for his unit so he can be in compliance. Mr. Webb stated that there are no other owners living in building. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 504.1, General, Section 505.1, General, Section 505.3, Supply, Section 604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property Main, tenance Code 11998 edition), as adopted by Section 82=L`1, of tile vitt' of °vape Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire - Prevention Code, as adopted by Section 38-26, of the City of -Cape Canaveral Code of Ordinances and impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Officer Alexander explained that the Board should make a motion for each case and unit. She also stated that a handful of owners are trying to resolve the issues and others have not made any effort to contact her or show up for the meeting. She further stated that for this building owner 209B is trying to comply and the owner of 2090 has also applied for an individual water meter. Case No. 10-00112 (Unit 209AI Motion by Mr. Godfrey, seconded by Mr. Lotspeich, to accept staff's recommendation and find the respondent in violation and impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Case No. 10-00113 (Unit 209BI Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in violation and be given 60 days to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 19, 2011 ra�c Case No. 10-00114 (Unit 209C): Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and be given 60 days to come into compliance or impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ( 1'00-00) per Cay thereaIL 1 until 1U iii compliance. vole on L motion carried unanimously. Case No. 10-115 (Unit 209D): Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 3. Case No. 10-00116 (A) — 10-117 (B)— 10-118 (C) — 10-119 (D) — Violation of Section 504.1, General; Section 604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NEPA 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (21 1 Pierce Ave., Unit A -D'. 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 violations for the building include: exposed plumbing outside unit A, an electrical violation in the common area, overgrowth, weeds and trash in the common area, and expired fire extinguishers. Officer Alexander stated that there is a tenant currently living in unit A and unit D is occupied by the owner of that unit. She further stated that a representative is present for unit C. Luca Copellini, property owner & occupant of unit D, testified that he is contacted Officer Alexander when he was having problems with the tenant in unit A. Mr. Copellini stated that soon after he purchased the property and moved in the problems began to surface with the property. Mr. Copellini explained that there are only three people to share the entire property. He said that he met with Giuseppe Conoscenti, manager of two units, because the water bills were going to him. Mr. Copellini further stated that he has requested an individual water meter for his unit so that he would not be responsible for U ie other units iii the building. He also stated that he has met with the City Manager, Building Official and City Treasurer to inquire about dividing the property into four parcels and setting up an association for the condominium. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 504.1, General; Section 604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Code Enforcement Board MP_.P_.ting Minutes May 19, 2011 Page 6 Officer Alexander explained that the Board should make a motion for each case and unit as they did for the previous building. She recommended that the Respondents who are making an effort to correct the problems wan the binding 're given time to come into compliance. Case No. 10-00116 (Unit 211A): Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and impose a fine in the amount of one hundred dollars /(r'l nnnn\ r<... 1L_ r:.._1 ...1_.. kA r:Il.. .J_ii- --- /m Cn nn\ A-tL____rt__ .-:l r_..._A k,?IUU.VU) IUi Liles iiibL Uay dHU HILy UUiidib kj>DU.UU) I.JUI Udy Lfltfirdut�[ UIILli IUUFIU if] compliance. Vote on the motion carried unanimously. Case _No. 10-00117 (Unit 211 B): Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation (dation and find the respondent in violation and impose a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Pam Chabot, Prudential Star Realty, stated that she obtained the property at the end of last year. The first she heard of this Code Enforcement action was this week when a potential buyer found the Notice posted on the property. She stated that she handles the tel_ r �... i_ L.:_ a. n_ I -al -_1 J 1L_1 L_ i repairs, per I I (lits, and code violations for this property. IVIS. CI IdUUL stated U IdL at the eflU of last year they did an open code search on the property and it was clear. Case No 10-00 1. 18 (Unit 211 Q: Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and be given 60 days to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Case No. 10-00119 (Unit 211 Dj Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in vinlatinn and he niven 60 clays to rnme into rnMplianra nr imnnca a fine in the amount of onehundreddollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 4. Case No. 10-00120 (A) — 10-121 (B) — 10-122 (C) — 10-123 (D) — Violation of Section 504.1, General; Section 604.3, Electrical System Hazards: and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances. (213 Pierce Ave., Unit A -D. 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 Code Enforcement Board Meeting Minutes May 19, 2011 Page 7 violations for the building include: an electrical violation in the common area, overgrowth, weeds and trash in the common area, and expired fire extinguishers. Officer Alexander stated that there is only one tenant currently living in unit C. She stated that unit C is one of two units that Giuseppe Conoscenti is managing. Officer Alexander respectfully requested that the Board find the respondent in violation of Sect{on! 504.1, General; ID tlol !! 604.3, Electrical lC;al Sy ste{ { cizcirds; and SeC tICJn 3112.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of tbn ( °itt, of ! `-ren 1 '�r����o r�I ! `nr7o nt (lrrlin —4- .n fir. -r. +1-,r. —+ —f ,-. 11,- —Ly -1 —Gtj l:i 1iQiiGiYGi Qi i.3iil.iG 4i1 iii Ufi Fafices a!lu {!ilpose Q !!1!e ii! L U a!ElC.iU1!t U1 c!1!ie hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until ound in C0mpiiance. Case No. 10-00120 (Unit 213A`i: Motion by Mr. Godfrey, seconded by Mr. Lotspeich, to accept staff's recommendation and find the respondent in violation and impose a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Case No. 10-00121 (Unit 2138 Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and impose a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Case No. 10-00122 (Unit 2130 Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and be given 60 days to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Case No. 10-00123 (Unit 213Dh n/Infinn by hAr_ r,nrlfrav carnnrled by Mr. Viens- to ancept staff's rnnnmmonrintinn qnA find the respondent in violation and impose a fine in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 5. Case No. 10-00124 (A) — 10-125 (B) — 10-126 (C) — 10-127 (D) — Violation of Section 504.1, General: Section 505.1, General; Section 604.3, Electrical System Hazards: and Section 302.4, Weeds, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances: and NFPA 10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Caere Canaveral Code of Ordinances. (215 Pierce Ave., Unit A -D). 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 Code Enforcement Board Mee6npMinute.- May l9,2O\l Page 8 vk}kabODS for the building include: OO water, an electrical violation in the c0noDlVn area, overgrowth, weeds and trash in the C0OlFnoO area, and expired fire extinguishers. {}ffimar Alexander stated that there is representation present for each unit except unit B. Giuseppe COnoGceDti' manager for UI 11L t�sthied Ulat he had � t8nar� in Ula uO|t 8nd 8t the S8Dl8 time there was o tenant in unit [); however, that tenant would not help with the water bill aohis tenant stopped paying the bill. Asoresult, the meter was pulled. �o��� Jnhnann. n�pr�S�Dt�Uve of SunLn�Ef B@nk. stot�d �hat ho nSC8iv8d th� N��i�� 0f Hearing this Friday and is working to resolve the issues 0Othe property. K4[ Johnson requested an of tIMEJ. Maya Peterson, owner of unit D. testified that when she purchased the property there. vvCIa CA home owners 8SSDCi8tiOO in place and that she was p8yng $1000.0000 permnonUl. The fee then increased to $160.00. The money was sent to Mr. LBnnrnnn. She said that when she did not get 8 response from them she stopped paying. She testified that she subsequently discovered that the ann0nioUOn was dissolved. MS. Peterson explained that, it is her opinion, that the people will not get an association together; so she has decided to get -tier own water meter so she will be able to rent the condominium again. Officer Alexander re-,pprtft/|k/reqU�StedUle[1h�BO�rd�ndther8�pOndentinvio|aUonCf Section 505.1, General; Section 604.3. Becthms| System Hazards; and Section 302.4` VVoodo. of the ofth8 International Propet^ %A -in -Una--- Code k11UnD -diUOn'), as adopted by Section 82-221, of the City ofCape Canaveral Code of Ordinances; and NFPA 10, Fire Extinguishers, 6fthe FloridaFire Prevention Code. aeadopted -hySection 38-26, of the City ofCape Canaveral Code of Ordinances and impose @ fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found incompliance. Case No. 10-00124 (Unit 215AI Motion by Mr. VieOS.seconded by Mr. btspeich.toaccept staff's recommendation and find the respondent inviolation and hegiven 0O days to come into compliance orimpose a fine in the amount oftwo hundred and fifty dollars /$250.00\ for the first day and one hundred dollars '$100.00) per day thereafter until found' in compliance. Vote on the motion carried unanimously. Case No. 10-125 (Unit 215B): K�otOn by 1MIc \/iena, seconded by Kvi[ Godfrey, to accept staff's rBCOnlnnendaUnn and find the respondent in violation and impose a fine in the amount of two hundred and fifty dOUons ($25O.00) for the first day and one hundred dollars (S100.00) per day thereafter until found incompliance. Vote Onthe motion carried unanimously. Case No. 10-00126 (Unit 215CI Motion by Mr. Godfrey, seconded by Mr. \iens,to accept staff's recommendation and find the respondent in violation and be given 80 days to come into compliance Orimpose a fine in the amount of two hundred and fifty dollars ($25O.O0) for the first day and One hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the nnOtiOO carried unanimously. Code Enforcement Board Meeting Minutes May 19, 2011 n___ rade 9 Case No. 10-00127 (Unit 215D): Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and be given 60 days to come into compliance or impose fine i„�. r rire a f .^1 the amount of two hundred and fifty dollars ($250.0,0) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. ill Il Bi Ic'IN CS S: i..iLL.i GJiiJfiVCJJ. Foreclose on the Code Enforcement Lien Request; per FS162.09(3) - Case No. 09-00191 — Mermaid Key,LLC c/t Jgnice .ode Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander read FS 162.09 which states that after three months from the filling of any lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. Officer Alexander testified that the lien was filed on February 24, 2010 and stated that the current amount due is thirty-six thousand three hundred twenty-five dollars ($36,325.00). Off icer Alexander respectfully requested that the Board authorize the City Attorney to foreclose on the lien or sue to recover a ruoney judgment in the amount of thirty-six thousand three hundred twenty-five dollars ($36,325.00) plus accrued interest on Case No. 09-00191, Mermaid Key, LLC c/o Janice Greene, R.A. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and authorize the City Attorney to foreclose on the lien or sue to recover a money judgment in the amount of thirty-six thousand three hundred twenty-five dollars ($36,325.00) plus accrued interest. Vote on the motion carried unanimously. ADJOURNMENT: There heing no further Cher businrrcc the meeting adjnuirnerul at 9:37 P.M. Approved on this 3 day of �2011. Mary Rus II, Chairperson i J61_ombardi, Board Secretary