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Home My WebLink AboutCEB MINUTES ~ 04-21-11CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 21, 2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 21, 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 :: I 1 I'M. The Board Secretary called the roll. Mary Russell Raymond Viens .lames Hale Lynn Mars MEMBERS ABSENT Walter Godfrey Karen Hartley Ralph Lotspeich r Duree Alexander Susan Chapman Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Recording Secretary Assistant City Attorney The Board members established that the next meeting would be held on May 19, 2011. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: February 17, 2011. Motion by Mr. Viens, seconded by Mr. Mars, to approve the meeting minutes of February 17, 2011, as written. Vote on the motion carried unanimously. Code Enforcement Board /- Meeting Minutes April 2l`20ll Page 2 COMPLIANCE HEARINGS: 1. Case No. 1O-0OO29-Violation ofSection 11O-551(a)(h)/i\.Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers; Section 34- 96(b)(d), Standards Established; Section 34-98(4), Building Appearance and Maintenance; and Section 34-153, Enumeration of Prohibited Noises, of the Citv of Cape Canaveral Code of Ordinances; _and_ Section 302.1, Sanitation; Section 505.1, General, of the International Property Maintenance Code, as adopted b Oection 0`2-2_21, of t1he City of Cape Canaveral Code ol Ch du ances, (.- 10-) Maqnolia Ave.) — Watson L. Witt I 11, Propertv Owners. Code Enforcement (]ffiter, OurGe Alexander, provided an over -view of the Case history and presented exhibits for the 8oerd's review. Officer Alexander testified that the respondent has nr|ooahmd the RV to the back Of the property, and covered the pool. Officer Alexander stated that the respondent still has nowater. K4c Watson Witt U[ property owner, testified that he is doing the best he can but he can't afford the fines and still has DDwater. Mr. Witt stated that hohas the house Upfor sale and requested additional time to comply. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 34-90(b)(d\. Standards Established; Section 34-98(4). Building AppeGran�� und KAeintenann8| 8nd ��oiion 34-153' EnunnenaUon ofPnohibikad 1 -4Oi3(J_a| SecUon 110-551/g°hLocation of Recreational Vehicles; and Section 302,1, Sanitation; Section 505.1, Gen8nu|. of the International Property Maintenance Code, as adopted by Section 82-221. of the City of Cape Canaveral Code of Ordinances and impose the fine in the amount ofone hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Motion by Mr. Viens, seconded by Mr. H;:)Ie, to amend staff's recommendation and find the respondent in non-compliance but give the respondent until May 19, 2011 to come into compliance orimpose a fine iUthe amount ofone hundred dollars ($1OO.O0) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote onthe motion carried unanimously. 2. Case No. 10-00047 — Violation of Section 110-555, Pavina of Vehicular Use Areas; Section 110-492, Location of Spaces: Section 110-339, Off Street Pj�� and Access, of the City of Cape Canaveral Code g r)rrlinances; and NFPA 1, Fir I of 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 dba Count!�� Inn & Suites, c/o Dale L. Cox, R.A. Code Enforcement Officer, DureeAlexander, provided 8Ooverview Ofthe Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent has obtained for apermit 10expand their parking lot and the first inspection has been approved. Officer Alexander stated that osite inspection OnApril 1O.2U11 revealed vehicles parked on the new parking lot. Officer Alexander further stated that the permit will not expire until October 4'2O11. Code Enforcement Board Meeting Minutes April 21, 2011 Page 3 Ed Kortum, representative for Country Inn & Suites, testified that the irrigation is being installed and should be completed tomorrow (Friday). Mr. Kortum explained that the final phase is the landscape which will start next week. He stated that it was held off until irrigation was complete. 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 ,,,aiiaveia€ i.-UUe U€ u Uiiiai nes a€iU aii€ei€U Liie UUaiU UiUei LU YIVegive LI It, €tz fPU€€Ue€€L L€€€Lii June 23, 2011 to come into compliance or impose a fine not to exceed five hundred dollars ($500.00) per day for each repeat violation retroactive from July 22, 2010. Motion by Mr. Viens, seconded by Mr. Hale, 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 not to exceed five hundred dollars ($500.00) per day retroactively beginning on July 22, 2010 until found in compliance. Vote on the motion carried unanimously. Case No. 10-00075 - Violation of Section 34-96(b)(d). Standards Established: and Section 34-99(1)(2), Landscape Appearance and Maintenance, of the City of Cape Canaveral Co -ale or Orairiances, (7 5) 3 Magnolia /'-\v- e) — Ranay elfell dt, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case histor,, and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the property. Officer Alexander stated that she has not had any contact from the owner. Kevin Sharkey, resident of property since 2005, testified that he is willing to fix the property. Mr. Sharkey stated that he received a letter that the property was in foreclosure and he has not been able to contact the owner. Mr. Sharkey further stated that a lock box was put on the unit downstairs and the property was being sold "as is". Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-96(b)(d), Standards Established; and Section 34-99(1)(2), Landscape Appearance and Maintenance, of the Clty of Cape Canaveral Cade of Ordinances and impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. 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 one hundred fifty dollars ($150.00) 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 April 21, 2011 Page 4 2. Case No. 10-00145 — Violation of Section 34-97(a), Duties and Responsibilities for Maintenance; Section 34-96(d), Standards Established; and Section 34-98(4), 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, 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 iaU� a gUUU ei f Ui C CU Lilt'dI i -up Ci R-1 PI UperCy. Geoffrey Duggan, property owner, testified that he has been unemployed and taking care of his elderly mother so things got out of hand on the property. Mr. Duggan apologized to the Board and stated he would clean up the property. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-97(a), Duties and Responsibilities for Maintenance; 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 be given until May 19, 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 Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation and be given until May 19, 2011 to come into compliance or irupose a fine in the amount of one hundred dollars ($100.00) forthhe tirr- da y an' seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 3. Case No. 1 0-001 49 —Violation 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, (7304 Poinsetta Ave) — David E. Lambert, 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 he is working to repair the siding and painting the structure. Officer Alexander respectfully requested that the Board find the respondent in violation 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 be given until May 19, 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. Code Enforcement EoforcementDourd Meeting Minutes April 2l`20ll Page 5 Motion by Mr. \ieno.seconded by Mr. Hale, toaccept staff's recommendation and find the respondent in violation and be given until May 19, 2011 to come into compliance or impose 8fine iOthe amount ofone hundred dollars /$10O.0O\for the first day and seventy-five dollars '$75.00` per day thereafter until found in compliance. Vote UO the motion carried unanimously. There��ingnOfU�hIi (11 Mary Rus 11, Chairperson .T rnbardi, Board Secretary