HomeMy WebLinkAboutMinutes 04-21-2011 CITY 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 7:11 PM. The Board Secretary
called the roll.
MEMBERS PRESENT
Mary Russell Chairperson
Raymond Viens Vice - Chairperson
James Hale
Lynn Mars
MEMBERS ABSENT
Walter Godfrey
Karen Hartley
Ralph Lotspeich
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Susan Chapman Recording Secretary
Kate Latorre 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:
1. 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 21, 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.
3 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
respondent has relocated the RV to the back of the property, and covered the pool.
Officer Alexander stated that the respondent still has no water.
Mr. Watson Witt III, property owner, testified that he is doing the best he can but he can't
afford the fines and still has no water. Mr. Witt stated that he has the house up for sale
and requested additional time to comply.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of Section 34- 96(b)(d), Standards Established; Section 34- 98(4), Building
Appearance and Maintenance; and Section 34 -153, Enumeration of Prohibited Noises;
Section 110- 551(g)(h)(i), Location of Recreational Vehicles; 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 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.
Motion by Mr. Viens, seconded by Mr. Hale, to amend staffs recommendation and find
the respondent in non - compliance but give the respondent 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.
Vote on the motion carried unanimously.
2. 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
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 dba Country Inn & Suites. c/o Dale L. Cox. 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
respondent has obtained for a permit to expand their parking lot and the first inspection
has been approved. Officer Alexander stated that a site inspection on April 18, 2011
revealed vehicles parked on the new parking lot. Officer Alexander further stated that the
permit will not expire until October 4, 2011.
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Code Enforcement Board
Meeting Minutes
Apri121, 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
Canaveral Code of Ordinances and amend the board order to give the respondent until
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 staffs 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.
PUBLIC HEARINGS:
1. 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 Code of Ordinances, (7523 Magnolia Ave) — Randy Kummerfeldt,
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 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 City of Cape Canaveral Code 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.
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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 a good effort to clean -up the property.
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 staffs recommendation and find
the respondent in violation 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. Vote on the
motion carried unanimously.
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
l 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 Board
Meeting Minutes
Apri121, 2011
Page 5
Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs recommendation and find
the respondent in violation 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. Vote on the
motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:05 P.M.
Approved on this / day of -tt€ , 2011.
J
( ja 4. ,,st,e(
Mary Rus II, Chairperson
Joy Lombardi, Board Secretary
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