Loading...
HomeMy WebLinkAboutMinutes 05-19-2011 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MAY19,2011 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. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Raymond Viens Vice - Chairperson Walter Godfrey Karen Hartley Ralph Lotspeich Lynn Mars MEMBERS ABSENT James Hale OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Todd Morley Building Official Kate Latorre 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, 2011 Page 2 COMPLIANCE HEARINGS: 1. Case No. 10 -00029 - Violation of Section 110- 551(q)(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 City of Cape Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section 505.1, General, of the International Property Maintenance Code, as adopted by Section 82 -221, of the City of Cape Canaveral Code of Ordinances, (8103 Magnolia Ave.) — Watson L. Witt III, Property Owners. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 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, 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 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 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, 2011 Page 3 PUBLIC HEARINGS: 1. Case No 10 -00140 - 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, (8713 Hibiscus Ct.) — Eleanor E. Nelson, 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. Officer Alexander stated that the roof is in disrepair and possibly leaking. Edmund Thurz, resident of adjoining property at 8711 Hibiscus Ct., testified that he 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 ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staffs 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. { 1 Code Enforcement Board Meeting Minutes May 19, 2011 Page 4 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 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, (209 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: 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 living in the building. 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 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 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 209C has also applied for an individual water meter. Case No. 10 -00112 (Unit 209A): 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 209B): 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 Page 5 Case No. 10 -00114 (Unit 209C): Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staffs 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. Case No 10 -115 (Unit 209D): Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staffs 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 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, (211 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 the other units in 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 Meeting 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 with the building be 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 ($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 -00117 (Unit 211B): 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. 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 repairs, permits, and code violations for this property. Ms. Chabot stated that at the end of last year they did an open code search on the property and it was clear. Case No. 10 -00118 (Unit 211C): 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 D): 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 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. 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 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. Case No. 10 -00120 (Unit 213A): 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 213B): 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 213C): { 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 3 ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Case No. 10 -00123 (Unit 213D): 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. 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 it 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, (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 Meeting Minutes May 19, 2011 Page 8 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 there is representation present for each unit except unit B. Giuseppe Conoscenti, manager for unit A, testified that he had a tenant in the unit and at the same time there was a tenant in unit D; however, that tenant would not help with the water bill so his tenant stopped paying the bill. As a result, the meter was pulled. Robert Johnson, representative of Suntrust Bank, stated that he received the Notice of Hearing this Friday and is working to resolve the issues on the property. Mr. Johnson requested an extension of time Maya Peterson, owner of unit D, testified that when she purchased the property there = was a home owners association in place and that she was paying $100.00 per month. The fee then increased to $160.00. The money was sent to Mr. Lemmon. She said that when she did not get a response from them she stopped paying. She testified that she subsequently discovered that the association 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 her own water meter so she will be able to rent the condominium again. Officer Alexander respectfully requested that the Board find the respondent in violation of 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 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. Case No 10 -00124 (Unit 215A): Motion by Mr. Viens, seconded by Mr. Lotspeich, 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. Case No 10 -125 (Unit 215B): Motion by Mr. Viens, seconded by Mr. Godfrey, 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 -00126 (Unit 215C): 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 ($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 19, 2011 Page 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 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. OLD BUSINESS: 1. Foreclose on the Code Enforcement Lien Request; per FS162.09(3) - Case No 09 -00191 — Mermaid Key, LLC c/o Janice Greene, R.A. Code 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). Officer Alexander respectfully requested that the Board 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 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 being no further business the meeting adjourned at 9:37 P.M. Approved on this 8 day of , 2011. Mary Rus II, Chairperson / Lombardi, Board Secretary