HomeMy WebLinkAboutMinutes 01-20-2011 CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JANUARY 20, 2011
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral,
Florida was held on January 20, 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
James Hale
Karen Hartley
Ralph Lotspeich
Lynn Mars
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Kimberly Kopp Assistant City Attorney
The Board members established that the next meeting would be held on February 17,
2011.
Assistant City Attorney Kopp swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: November 18, 2010.
Motion by Mr. Viens, seconded by Mr. Godfrey, to approve the meeting minutes of
November 18, 2010, as amended. Vote on the motion carried unanimously.
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Code Enforcement Board
Meeting Minutes
January 20, 2011
Page 2
COMPLIANCE HEARINGS:
1. Case No. 09 -00229 — Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82 -31, of the City of Cape Canaveral Code of Ordinances, (200 International Dr.
Unit 609) — Alden & Denise Pitard, Property Owners.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
2. Case No. 10 -00014 — Violation of Section 34- 96(b)(d), Standards Established;
Section 34- 97(a)(1)(7), Duties and Responsibilities for Maintenance; Section 34-
98(4), Building Appearance and Maintenance; Section 34- 122(a), Public
Nuisances Prohibited; and Section 82 -371, Posting and Specifications of
ti Numbers, of the City of Cape Canaveral Code of Ordinances; and Section
303.4, Structural Members; Section 604.3, Electrical System Hazards; and
Section 605.1, Installation, of the International Property Maintenance Code, as
adopted by Section 82 -221, of the City of Cape Canaveral Code of Ordinances,
(402 Madison Ave) — Rochelle C. Medlin, Trust, c/o John M. Edwards.
Code Enforcement Officer, Duree Alexander testified that the respondent did not take
receipt of the notice and therefore must withdraw this case from the agenda.
3. 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
4 Magnolia Ave.) — Watson L. Witt III, 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
on the property was shut off January 13, 2011, and a site visit revealed that the power
was on, the RV has been moved, and the pool has been covered.
Mr. Watson Witt III, property owner, testified that the water was turned off last week
when his roommate moved out; he stated that he should be able to have it back on next
week.
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.
Code Enforcement Board
Meeting Minutes
January 20, 2011
Page 3
Motion by Mr. Viens, seconded by Chairperson Russell, to amend staff's
recommendation and find the respondent in non - compliance but give the respondent
until February 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.
4. Case No. 10 -00090 - Violation of Section 34- 98(4), Building Appearance and
Maintenance; and Section 34- 99(1)(2) Landscape, Appearance, and
Maintenance, of the City of Cape Canaveral Code of Ordinances, (201 Taylor
Ave.) — David W. & Mary L. Davis, Property Owners.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
PUBLIC HEARINGS:
1. Case No 10 -00002 — Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82 -31, of the City of Cape Canaveral Code of Ordinances, (202 -211 Caroline St.)
— Oceanside Treasure, LLC, c/o Jeffrey Wells, Property Owner.
Code Enforcement Officer, Duree Alexander testified that the respondent did not take
receipt of the notice and therefore must withdraw this case from the agenda.
2. Case No. 10 -00062 — Violation of Section 105.1, Permit Required; and Section
109.1, Inspections General, of the Florida Building Code, as adopted by Section
82 -31, of the City of Cape Canaveral Code of Ordinances, (7077 N. Atlantic Ave.)
— 770 Acres, c/o Bill P. Willis, 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 work without a permit. Officer Alexander stated that the respondent installed
windows without a permit and the required final inspection. She further stated that a
stop work order has been issued on the property. Building Official, Todd Morley, gave
the property owner until November 10, 2010 to obtain a permit. There has not been any
further contact from the owner.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the
Florida Building Code, as adopted by Section 82 -31, of the City of Cape Canaveral Code
of Ordinances and impose 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.
Discussion followed regarding the amount of the fine; it was the consensus of Board that
the fine should be increased to get the attention of the respondent.
Motion by Mr. Godfrey, seconded by Ms. Hartley, to find the respondent in violation
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 beginning on January 20, 2011.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 20, 2011
Page 4
3. Case No. 10 -00132 - Violation of Section 34- 122(b), Public Nuisances
Prohibited; and Section 110 -470, Fences, Wall, and Hedges, of the City of Cape
Canaveral Code of Ordinances, (Vacant Parcel — ID#24-37-15-00- 00753.1-
0000.00) — PI Holdings #1 Inc., 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
violation is for the condition of the property and the fence. Officer Alexander stated that
there has not been any contact from the respondent.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 34- 122(b), Public Nuisances Prohibited; and Section 110 -470, Fences, Wall,
and Hedges, of the City of Cape Canaveral Code of Ordinances and impose a fine in the
amount of one hundred and fifty dollars ($150.00) for the first day and one hundred
dollars ($100.00) per day thereafter until found in compliance.
Discussion followed regarding the amount of the fine; it was the consensus of Board that
the fine should be increased to get the attention of the respondent.
Motion by Mr. Godfrey, seconded by Mr. Viens, to find the respondent in violation
impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day
and one hundred and fifty dollars ($150.00) per day thereafter beginning on January 20,
2011. Vote on the motion carried unanimously.
4. Case No 10 -00150 — Violation of Section 30- 27(a)(b), Alarm Permit Required;
Section 30- 30(d), Response to Alarm Activation, of the City of Cape Canaveral
Code of Ordinances, (7000 -7008 N. Atlantic Ave.) — Mary M. Beasley, Property
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Owner. Cape Surf c/o Michael T. Floyd, 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 the continued false alarms; failure to return the alarm cause and
corrective action form; nonpayment of accessed fines; and failure to obtain an alarm
permit. Officer Alexander stated that Cape Surf has had fifteen false alarms for 2010
and has an outstanding fine of two thousand one hundred eighty -eight dollars and
seventy -five cents ($2,188.75).
Andrea Bowers, finance director, testified that the false alarms are costly to the City
because the sheriff's department has to send out two officers to check on the alarm.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 30- 27(a)(b), Alarm Permit Required; Section 30- 30(d), Response to Alarm
Activation, of the City of Cape Canaveral Code of Ordinances and be given 15 days to
pay $573.75 and disconnect the alarm system or impose the full amount of the fine in
the amount of two thousand one hundred eighty -eight dollars and seventy -five cents
($2,188.75) as a lien against the property and all cost associated with the enforcement
of the violation be imposed.
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Code Enforcement Board
Meeting Minutes
January 20, 2011
Page 5
Discussion followed regarding amending staff's recommendation to include the option to
repair and permit the alarm system and adding the words "as offered" following the
amount of $573.75.
Motion by Mr. Lotspeich, seconded by Mr. Viens, to accept staffs recommendation as
amended and find the respondent in violation and be given 15 days to pay a fine in the
amount of five hundred seventy -three dollars and seventy -five cents ($573.75), as
offered; and additionally must either immediately disconnect the alarm or repair the
alarm and obtain an alarm permit or impose the full amount of the fine in the amount of
two thousand one hundred eighty -eight dollars and seventy -five cents ($2,188.75) as a
lien against the property and all cost associated with the enforcement of the violation be
imposed.. Vote on the motion carried unanimously.
5. Case No. 10 -00151 — Violation of Section 304.3, Interior Surfaces; Section 504.1,
General; Section 504.3, Plumbing System Hazards; and Section 505, Water
System, of the International Property Maintenance Code, as adopted by Section
82 -221, of the City of Cape Canaveral Code of Ordinances, (202 Caroline St.
Unit 208) — Robert D. Schenfele, 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 plumbing system hazards. Officer Alexander further testified that the first
notice of violation, dated September 30, 2010, was resolved when the respondent pulled
a permit and repaired the toilet and plumbing issues; a notice of compliance was sent
October 11, 2010. Officer Alexander explained that the owner of unit 108, directly below
unit 208, replaced the drywall and repaired the damage in her unit following the repair.
Officer Alexander stated that she was notified that the toilet exploded and flooded unit
108 again that prompted the second Notice of Violation, dated December 10, 2010.
Shelley Brown, owner of unit 108, testified that she has owned the unit for seven years
and had eleven flood incidences. In May 2010 an air conditioning unit was installed in
the wall of unit 208, directly above her unit, that caused constant flooding in her living
room and mold. Ms. Brown stated that the owner was notified and she had no response.
She further stated that in August the toilet in unit 208 was leaking and caused sewer and
fecal matter in her unit. An inspection was performed by Todd Morley, building official,
to assess the damage. Following the inspection, the sub -floor was repaired and the air
conditioning unit in the wall was removed. In October the toilet was repaired in unit 208
and the ceiling and walls were replaced in unit 108. One week later more water was
running down the walls in unit 108. The condo manager entered unit 208 to find
standing water from a broken toilet and feces on the toilet, walls, floors, and sink.
Finally, this month the repairs were complete in unit 208 and her unit was repaired
again.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 304.3, Interior Surfaces; Section 504.1, General; Section 504.3, Plumbing
System Hazards; and Section 505, Water System, of the International Property
Maintenance Code, as adopted by Section 82 -221, of the City of Cape Canaveral Code
of Ordinances to establish the violation so that if the violation reoccurs the respondent
will be considered a repeat violator and may be fined up to five hundred dollars
($500.00) per day.
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Code Enforcement Board
Meeting Minutes
January 20, 2011
Page 6
Motion by Chairperson Russell, seconded by Mr. Viens, to accept staff's
recommendation and find the respondent in violation. Vote on the motion carried
unanimously.
6. Case No. 10 -00156 — Violation of Section 34- 97(7), Duties and Responsibilities
for Maintenance; and Section 34- 122(b), Public Nuisances Prohibited, of the City
of Cape Canaveral Code of Ordinances, (Vacant Lot Astronaut Blvd ID# 24-37 -
15 -00- 00759.0- 000.00) — Surf East Inc., c/o Adela I Stone, 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 overgrowth of property. Officer Alexander stated that the respondent has
been cited for the same violation six times and would like to establish the violation so
that if the violation reoccurs the respondent will be considered a repeat violator and may
be fined up to five hundred dollars ($500.00) per day.
Officer Alexander respectfully requested that the Board find the respondent in violation
of Section 34- 97(7), Duties and Responsibilities for Maintenance; and Section 34- 122(b),
Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances to
establish the violation.
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:35 P.M.
Approved on this / / day of , 2011.
c 3h et/J-itt0-
Mary Russ , Chairperson
J y ombardi, Board Secretary