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Home My WebLink AboutMinutes 02-17-2011 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES FEBRUARY 17, 2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida { was held on February 17, 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 James Hale Karen Hartley Lynn Mars MEMBERS ABSENT Walter Godfrey Ralph Lotspeich OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on March 17, 2011. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: January 20. 2011. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of January •y 20, 2011, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 17, 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 111, Property Owners. 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 water utility had been shut off and the meter was removed on February 1, 2011. Officer Alexander stated that the respondent is maintaining the property by mowing regularly; he has relocated the RV to the back of the property, and covered the pool. Mr. Watson Witt III, property owner, testified that he has completed the painting of the front of the house and has complied with all violations except that he still has no water. Mr. Witt explained that he lost his roommate but has someone else moving in next week and should be able to have the water turned back on within a few weeks. 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. Mars, seconded by Ms. Hartley, to amend staff's recommendation and find } the respondent in non - compliance but give the respondent until March 17, 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. PUBLIC HEARINGS: 1. Case No. 10 -00138 - Violation of Section 34- 96(d). Standards Established; Section 34- 122(a)(b). Public Nuisances Prohibited. of the City of Cape Canaveral Code of Ordinances. (Vacant Parcels — ID# 24- 37- 14 -28- 00000.0- 000A.26 & 24- 37- 14- 28- 00000.00A.25) — A -I Financial Services, Inc.. c/o Michelle Milo. R.A. 1 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 continued overgrowth of the property. a i Code Enforcement Board Meeting Minutes February 17, 2011 Page 3 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34- 96(d), Standards Established; Section 34- 122(a)(b), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances and be given 10 days from the date the board order is received 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 be given 10 days from the date the Board Order is received 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. OLD BUSINESS: 1. Case No. 10 -00037 — Violation of Section 34- 96(b)(d), Standards Established; and Section 110 -469, Visibility at Intersections, of the City of Cape Canaveral Ordinances: and Section 602, Water Required; and Section 602.1, General, of the Florida Building Code - Plumbing 2007 edition, as adopted by Section 82 -31, of } the City of Cape Canaveral Code of Ordinances; Section 301.3, Vacant Structures and Land; and Section 303.1, General, of the International Property Maintenance Code, as adopted by Section 82 -221, of the City of Cape Canaveral Code of Ordinances, (7521 Magnolia Ave.) — Lenny Cassanelli, Property Owner (Formerly Michael Zucco). (Application for Satisfaction or Release of Code Enforcement Lien.) 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 was for the condition of the property and that the tenants had no water. Officer Alexander stated that the respondent was found in violation on July 22, 2010 and had until September 23, 2010 to comply. The respondent failed to comply within the time provided and a lien was filed on October 11, 2010. The property was sold and the new owner brought the property into compliance on January 10, 2011. Officer Alexander further stated that the current lien on the property from September 23, 2010 is $10,950.00 and the estimated staff costs for the enforcement of the violation is $1,632.90. Officer Alexander explained that the new property owner is requesting a reduction or release of the Code Enforcement lien against the property. And stated that they are working to improve the property and the outstanding lien would be a financial hardship in addition to the cost of the improvements done to the property. 3 { Linda Bunting testified on behalf of Jeanette Bunting. Ms. Linda Bunting stated that they were the mortgage holder of the property but they were not able to be on the property until after the foreclosure sale on November 17, 2010; at which time they worked diligently to bring the property into compliance to stop the lien and subsequently request a reduction or satisfaction of the Code Enforcement Lien. Ms. Bunting explained that they have already spent over twenty -two thousand dollars ($22,000.00) on back property taxes and water bills that Michael Zucco incurred. She added that expenditures for property improvements and legal fees bring the total to over thirty thousand dollars } Code Enforcement Board Meeting Minutes February 17, 2011 Page 4 ($30,000.00); the current lien of ten thousand nine hundred and fifty dollars ($10,950.00) would be a financial hardship to the new owner. Ms. Bunting requested that the lien be reduced to staff costs. Motion by Mr. Viens, seconded by Mr. Mars, to recommend that City Council reduce the lien to staff costs in the amount of one thousand six hundred thirty -two dollars and ninety cents ($1,632.90). Vote on the motion carried unanimously. ADJOURNMENT: There being no further buIiness the meeting adjourned at 8:05 P.M. �- apa Approved on this o� / day of , 2011. Mary Russ , Chairperson J ombardi, Board Secretary 1 fi i I 3 { 9i