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HomeMy WebLinkAboutCEB MINUTES ~ 09-22-11CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 22, 2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on September 22, 2011, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairnercnn Mary Russell called the matin +n nrrinr n+ 7 -nn DhA The Boar 6nrrn+nni ve epee F, . we Mary ae.a.3ot�ee vca u..,,t.e U ev ewue eg e.v cit a .vv o eve, a ev w , d Sec, eta. y called the roll. r r r Mary Russell Walter Godfrey James Hale Karen Hartley E vnn NAArq Ralph Lotspeich MEMBERS ABSENT Raymond Viens Duree Alexander Joy Lombardi I odd r_rd nn_ -i_. iJliil Ivy Kate I atnrre Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary o..•a n 0-11diilGj. Official Accictant City Attnrnav The Board members established that the next meeting would be held on October 20, 2011. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: August 22, 2011. Motion by Mr. Godfrey, seconded by Ms. Hartley, to approve the meeting minutes of August 22, 2011, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes Septeriaber 22, 2012 Page 2 COMPLIANCE HEARINGS: Case No. 10-00130 - Violation of Section 105.1, Permit Required; and Section 109.1, Insper_.tinns 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) - Delouse 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 violntinn is for Lunrk withniA n permit. Offirrer Alexander stated that the Case is not in compliance; pliai ice; i iovvever , ti ie [Respondent has i iir ed a contractor to obtain a permit. MsKnnitas Prnnprty Ownpr tpstlfipd that Shp hirpct C'3pnpral Csnntrnntnr_ Mark Derman. a._..s., s..a� e..a ....-a a�..�.z.. to obtain a permit. Mr. Merman said that he reviewed the plans and found it necessary to make a few changes. He stated that he will resubmit revised plans and obtain a permit. Officer Alexander respectfully requested that the Board find the Respondent in v`non- compliance if cCtinn 10.x.1, Permit Required; and Section 10".1, inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances and impose the 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. _ _.__._________ __®.Mark- Der , ner-ai-CCofacto-te�that. Fl-obtain--thE--perrrni ym_. - _ _—. and an inspection for the revisions. Motion by Mr. Lotspeich, seconded by Mr. Godfrey, to amend staff's recommendation and find the Respondent in non-compliance and be given until October 20, 2011 to come into compliance or impose the 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. DI IRI in HEARINGS: Case No. 11 -000 17 - Violation of Section 78-128, Change of Use: and Section 78- 121. Established, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) - Izzy's Bistro aka BJBK Cape, Inc., c/o Bridgitte Krause. R.A. 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 non-payment of the sewer impact fees for additional seating. Officer Alexander stated that a special exception for on premise consumption of alcohol was approved by the City. This followed an Ordinance change which reduced the minimum number of seating required from 200 to 150 seats. She further stated that the restaurant had previously paid the impact fees on the original 75 seats and now owes the impact fees on the additional 75 seats in the amount of $21,917.25 (75 seats x $292.23 per seat). Code Enforcement Board Meeting Minutes September 22, 2011 Page 3 Officer Alexander explained that, due to the amount of the impact fees, Ms. Krause, Business Owner, requested a payment plan to the City Council. The City Council requested that Staff ensure that the business was in compliance with all City Codes. Staff determined that the narkinn rpcniirpmpnts have not hpen met and she needed 35 additional spaces (one space per three seats). Officer Alexander further explained that Ms. Krause had a parking agreement from an adjoining property; however that property has since gone into foreclosure, rendering the parking agreement void. Mr. Morley, Building Official, explained that the City Code requires a distance of 2,000 feet hetosreen hi �Eine!zzcec that have nn alrnhni lirance; with the exception that if n business has 1150 seats they do not have to comply with that requirement. He further a iii explained that if a business has 150 seats they have to meet the parking requirements for that rn mmhpr of mats which is nnp narkinn snnrp npr three spats. Thprpfnrp the husinpss needs an additional 35 spaces to comply. Ms. Bridgitte Krause, Business Owner, testified that she was successful working with the City to implement the change of an ordinance to reduce the cumber of seating required to obtain an alcohol license from 200 seats to 150. Ms. Krause stated that she increased the seating in the restaurant to meet the 150 seat requirement which created additional impact fees due to the City in the amount of $21,917.25. Ms. Krause stated that she requested a payment plan and further stated that, at the time that the special exception was granted; she had the parking agreements between Mr. Porter and Mr. Keenan. Ms. Krause explained that she thought the payment plan was approved; however when she --------- sent _her-frrst _to-the-Cfty-it- was -returned.— Shy;--said-that-at- that time-Staff-tn#crr ed__ __ __ her there was an ordinance that states that no liquor license can be given unless the full amount of the impact fees are paid. Ms. Krause testified that she has requested a parking agreement from the bank which now owns the former Porter property, but they have not responded to her e-mail and Mr. Tezel, Izzy's Bistro Property Owner, agreed to pursue the development of parking on an adjacent lot using gravel but the City code requires the lot be paved. Ms. Krause further testified that she has never had parking problem in her four years at this location and that thorn nro always �,n^nn+ c tc nv fable �. _.� a:..ays .___... _�:___ ava�,_.�:-- Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 78-128, Change of Use; and Section 78-121, Established, of the City of Cape Canaveral Code of Ordinances and be given 60 days to come into compliance or 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. Lotspeich, seconded by Mr. Hale, 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 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 September 22, 2011 2. Case No. 11 -O0034 -Violation of Section 304.1. General: Section 304.3. Interior Surfaces; and Section 303.7, Roofs and Drainage, of the of the International Property Maintenance Code (1998 edition), as adopted bV Section 82-221, of th City of Cape Canaveral Code of Ordingnnp-, WSF; QIpander Ct M;;rk & Nanc Conrod, Property Owners. Code Enforcement Officer, [>unaaAlexander, testified that this Case isincompliance. 5. Case No. 11-00040 - Violation of Section 34-96(d), Standards Established; Section 34-122(a), Public Nuisance Prohibited; and Section 82-371, Postinclan Specification of Numbers, 0 -f -the City f Cape Canaveral Code oil Ordlinance5, (8652 N. Atlantic Ave.) — Linda Ward, Property Owner. Code Enforcement Officer, Duree Alexander, provided @Doverview of the Case history and presented exhibits for the Board's review. Office[ Alexander testified that the violation iafor the condition Ofthe exterior Ufthe property. She stated that the property iS nmergn]vvn. and 'the address numbers are missing from the building. Officer Alexander further stated 'that she has not had any contact from 'the owner. Officer Alexander respectfully requested that the Board find the Respondent in violation Of GeChOn 34-88(j), Standards Established; Section 34-122/@\, Public Nuisance Prohibited-, and Section 82-371. Posting and Specification Of NuOnbe[s, of the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of two hundred fifty (���ay for- uOti|found incompliance. Motion by Mc Hole, seconded by Mc Godfrey, 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 dOU8rG /$100.00\ per day thereafter until found in compliance. Vote on the motion carried unanimously. 4. Case No. 11 -00042 - Violation of Section 11 0-555--Paving-of Vehicular UseArea of the City of Cape Canaveral Code of Ordinances, (6799.N. Atlantic Ave.) — S & S Enterorises. Inc.. c/o Thomas A. Vani. R.A. 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 parking on the grass. Officer Alexander stated that the Respondent has moved the vehicles and is in compliance; however she would like to establish the violation aothat ifithappens again they can bacited aeorepeat violator. Eugene Gordon, General Manager for Dollar Thrifty, testified that, upon the receipt of the prior Notice of Violation, he met with the City and put up a no parking sign and stopped parking on the grass. Mr. Gordon stated that it worked for while; hovvever, he was not avvana that the problem was continuing until he spoke with K4a. Alexander. Mr. Gordon spoke with the Location Manager who told him that they have parked vehicles there but only for oshort time. Mr. Gordon explained that the problem has been corrected and will not reoccur. Code Enforcement Board Meeting Minutes September 22, 2011 Page 5 Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 110-555, Paving of Vehicular Use Area, of the City of Cape Canaveral Code of Ordinances to establish the violation and fine $250,00 for any future recurrence of the vinlatinn hPrPin Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the Respondent in violation and impose a fine in the amount of two hundred and fifty dollars ($250;00) for anv future recurrence of the violation addressed herein. Vote on the motion carried unanimously. 5. Case Vo. 1 1-00044 VIUlatitJll of 0 tion 34-9 (b� , St _ ddl ds Cs tabl id led. Section 34-99(x, Landscape Appearance and Maintenance; and Section 94- 62(a), 4®62( , Abandoned and Hazardous Signs, of the City of Cane Canaveral Cndn of Ordinances, (8680 N. Atlantic Ave.) — Land Holding, LLC, c/o Corporation Service Company, R.A. & United States Corporation Company Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 6. Case No. 11-00047 - Violation of NFPA 1 10.11.7 Grills: NFPA 1 69.3.10.9.2 Cylinders, of the of the Florida Fire Prevention Code as adopted by Section 38- 26, of the City of Cape Canaveral Code of Ordinances, (200 International Dr., Unit 510)— L M De Turris Trustee. Cod nfent Officer, Curee Alexa -r,-provided-an overview of -the Case history - and presented exhibits for the Board's review. Officer Alexander testified that the violation is for grills on balconies. Officer Alexander stated that Jeff Roberts, Fire Inspector, found numerous grills on the balconies at this condominium and provided notification to each unit owner to remove the grills. Officer Alexander further stated that she sent out Notices of Violation to each unit that did not remove the grills. Officer Alexander received an e-mail from the Property Manager which stated that they can only evict a Tenant for non-payment; however, the lease will expire on October 31, 201 1 alnd 'they have sent a Notice of Non- iewai to the Tenant. 111L Property Oifr� r is reque$ting ariditinnal time to come intn complianc_.e and explained that the unit should be vacated by November 1, 2011. Officer Alexander respectfully requested that the Board find the Respondent in violation of NFPA 1, 10.11.7, Grills; NFPA 1, 69.3.10.9.2, Cylinders, of the of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances and be given until November 17, 2011 to come into compliance. Motion by Mr. Godfrey, seconded by Mr. Lotspeich, to accept staff's recommendation and find the Respondent in violation and give the Respondent until November 17, 2011 to come into compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 22, 201 i Page 6 7. Case No. 11-00063 — Violation of Section 110-496, Visibility at Intersections, of the Cape Canaveral Code of Ordinances, (202 Jefferson Ave.) — Jamille & Nancy Haddad, Property Owner, Code Enforcement Officer, ®uree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was cited for visibility at an intersection; however since the Notice of Violation, the Property Owner trimmed the vegetation and is currently in compliance. Officer Alexander stated that she would like to establish the violation on this property due to the fart that there have numero9 s n m .laintc qnd rani irrin vin-lation5Z __.. p._..__ . _: g Officer Alexander respectfully requested that the Board find the Respondent in violation. Motion by Mr. Hale, seconded by Mr. Godfrey, to accept staff's recommendation and find the Respondent in violation. Vote on the motion carried unanimously. FAJO��1�1� There being no further business the meeting adjourned at 3:10 P.M. Approved on this day of 2011. Mary Russell, Chairperson Joy Lombardi, Board Secretary