HomeMy WebLinkAboutMinutes 11-18-2010 CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
NOVEMBER 18, 2010
} 7:00 PM
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A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral,
Florida was held on November 18, 2010, 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
MEMBERS ABSENT
James Hale
Lynn Mars
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OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Kimberly Kopp Assistant City Attorney
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The Board members established that the next meeting would be held on January 20,
2011.
} Assistant City Attorney Kopp swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: October 21. 2010.
Motion by Mr. Viens, seconded by Ms. Hartly, to approve the meeting minutes of
October 21, 2010, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
November 18, 2010
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 the respondent did not take
receipt of the notice and therefore must withdraw this case from the agenda.
2. 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 II, 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
respondent has water on the property; however, it does not appear that there have been
any further improvements.
Mr. Watson Witt II, property owner, testified that the pool continues to leak and he is
planning to cover it because he can't afford the water. Mr. Witt stated that he will repair
the fence as soon as he is able to move the trailer to the back yard.
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 Godfrey, to amend staffs recommendation
and find the respondent in violation but give the respondent until January 20, 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 09 -00203 - Violation of Section 34- 98(4). Building Appearance and
Maintenance. of the City of Cape Canaveral Code of Ordinances. (630 Adams
Ave.) — FGT MGT. LLC. c/o Jerome V. Grue. R.A.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
Code Enforcement Board
Meeting Minutes
November 18, 2010
Page 3
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
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, 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 stated she received a complaint and a
site visit revealed an unsafe structure. The property owner obtained a permit to repair
the unsafe portions of the structure and began to clean up the property; however, there
are remaining issues that need to be addressed on the property.
Mr. John Edwards testified that the property is in a trust and he would like to sell the
property but his sister -in -law will not sign the papers. Mr. Edwards stated that he is on a
fixed income and is trying his best to keep up with the property. He further stated that he
is willing to maintain the grass, repair the broken windows, and paint.
Officer Alexander respectfully requested that the Board find the respondent in 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 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
and be given until January 20, 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 retroactively beginning on November 18, 2010.
Motion by Mr. Viens seconded by Mr. Godfrey, to accept staff's recommendation and
find the respondent in violation and be given until January 20, 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 retroactively beginning on
November 18, 2010. Vote on the motion carried unanimously.
3. Case No 10 -00068 — 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. (8401 N. Atlantic Ave.
Unit El) — James Souza. 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 work without a permit. Officer Alexander stated that the respondent installed
windows without a permit and the required final inspection.
Code Enforcement Board
Meeting Minutes
ff
November 18, 2010
Page 4
Following the property owner s receipt of the notice of violation, a contractor obtained a
permit and an approved final inspection to resolve the violation.
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 to establish the violation.
Motion by Mr. Viens, seconded by Ms. Hartley, to accept staffs recommendation and
find the respondent in violation. 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, 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 received
an e-mail from the property owners that stated they were working to correct the
violations and requested additional time Officer Alexander granted the time and
explained that there had been some improvement; however the property is still in poor
condition.
Mr. & Mrs. Davis testified that they have had problems with two of the tenants and had to
have them evicted. Mrs. Davis stated that when they repaired the broken windows and
exterior lights the tenants would vandalize the property and threaten them. Mr. Davis
explained that they are trying to repair the property and stated that he thinks the bad
tenants are gone and they will try again to complete the repairs. Mr. Davis further stated
that January should be enough time to comply.
Officer Alexander respectfully requested that the Board find the respondent in 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 and be given until January 20, 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. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and
find the respondent in violation and be given until January 20, 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
November 18, 2010
Page 5
ADJOURNMENT:
There being no further business the meeting adjourned at 7:51 P.M. _
Approved on this a v day of , 2010.
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Mary Russ: , Chairperson
Joy Lombardi, Board Secretary
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