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HomeMy WebLinkAboutMinutes 09-23-2010 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 23, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on September 23, 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 James Hale Walter Godfrey Ralph Lotspeich Lynn Mars MEMBERS ABSENT Karen Hartley 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 October 21, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 22. 2010. Motion by Mr. Hale, seconded by Mr. Viens, to approve the meeting minutes of July 22, 2010, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 23, 2010 Page 2 COMPLIANCE HEARINGS: 1. Case No 08 -00198 — Violation of Section 34- 96(d), Standards Established; and Section 110 - 335(1) Prohibited Uses and Structures, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; Section 303.4, Structural Members, of the International Property Maintenance Code, as adopted by Section rE 82 -221, of the City of Cape Canaveral Code of Ordinances, (200 W. Central Blvd.) — Abulghasem & Ahmad Nasaipour Trustee. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 2. Case No 10 -00025 — Violation of Section 505, Water System; 505.1, General; Section 505.3, Supply, of the International Property Maintenance Code, as adopted by Section 82 -221; and Section 34 -98, Building Appearance & Maintenance; Section 34 -181, Storing, Parking or Leaving on Private Property; Section 110 -554, Parking & Storage of Certain Vehicles, of the City of Cape Canaveral Code of Ordinances, (108 Tyler Ave.) — Maryann C. Gattuso & Russell Kauo. 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 no water and the condition of the property. Officer Alexander stated that a site visit revealed the respondent is not in compliance. Mr. Kaup, property owner, testified that the issues were not the concern of the Board or anyone else. Chairperson, Mary Russell, went through the list of violations with the respondent and asked if there was any progress. Mr. Kaup was not able to say that there had been progress on any of the items. Discussion was ended. Officer Alexander respectfully requested that the Board find the respondents in non- compliance of the Order Imposing Penalty on First Violation and impose the fines in the amount of one hundred dollars ($100.00) for the first day of non - compliance and seventy - five dollars ($75.00) per day thereafter, retroactive to May 20, 2010. Motion by Mr. Hale, seconded by Mr. Viens, to find the respondent in non - compliance 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 retroactively beginning on May 20, 2010 until found in compliance. 3. Case No. 10 -00029 - Violation of Section 110- 551(g)(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. } 3 Code Enforcement Board Meeting Minutes September 23, 2010 Page 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 violation is for the condition of the property. Officer Alexander stated that a site visit revealed the property is not in compliance; however, the water has been restored to the property, the trim has been painted, the front yard has been mowed and trimmed, and the respondent is working to clean up the pool. Mr. Watson Witt II, property owner, testified that he is trying to comply and working to clean up the property and requested additional time 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 amend the order to give the respondent until October 21, 2010 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. Godfrey, to accept staff's recommendation and find the respondent in violation and be given until October 21, 2010 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 -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 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.) — Michael V. Zucco, 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 property was not in compliance and, following a partial roof collapse, the building was posted unsafe. The unsafe structure posting was removed when the roof repairs were complete. Officer Alexander read an e-mail sent from Michael Zucco listing the progress he has made with the building and he indicated in the e-mail that his intentions for future improvements were significant. Officer Alexander respectfully requested that the Board find the respondents in non - compliance of the Order Imposing Penalty on First Violation and impose the fines in the amount of one hundred fifty dollars ($150.00) for the first day of non - compliance and one hundred dollars ($100.00) per day thereafter until found in compliance. Code Enforcement Board Meeting Minutes September 23, 2010 Page 4 Officer Alexander respectfully requested that the Board find the respondent in non- compliance 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 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 and impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day, one hundred dollars ($100.00) 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 non - compliance 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. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No 10 -00067 — Violation of Section 504.1, General; 604.3, Electrical Systems Hazards; Section 302.4, Weeds, of the International Property Maintenance Code, as adopted by Section 82 -221, of the City of Cape Canaveral Code of Ordinances; and Section 38 -26, Florida Fire Prevention Code, Adopted; and NFPA 10, Fire Extinguishers Shall be Certified Annually, (209 -215 Pierce Ave.) — Pierce Condominium Association, Inc. c/o Pro Manage, LLC, R.A. & Raz Menahem, R.A. Code Enforcement Officer, Duree Alexander, requested that this Case be withdrawn from the agenda due to proper notification issues. 2. Citation No 0041 — Violation of Section 82 -375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes Section 489.132(1). Prohibited Acts by Unlicensed Principals. (703 Solana Shores Dr. Unit 410) — Robert W. Kane. 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 work without the required permit and contractor's license. Officer Alexander stated that a citation was issued to Robert W. Kane, following a written complaint. Officer Alexander further stated that the respondent requested a hearing before the Code Enforcement Board to appeal the citation. Robert Kane, Accent Shutters, Inc., testified that he has been in business for 30 years and due to the bad economy he was forced to move his business. Mr. Kane stated that his license was inactive. Mr. Kane further stated that each municipality is different with the permit requirements and he assumed that because the building was over 10 years old he did not have to comply with the code. Vivian Hannam, property owner, testified that she asked the contractor to pull a permit and stated that she paid Mr. Kane for the permit. Code Enforcement Board Meeting Minutes September 23, 2010 Page 5 Officer Alexander respectfully requested that the Board find the respondent in Violation of Section 82 -375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes Section 489.132(1), Prohibited Acts by Unlicensed Principals and impose the fine in the amount of five hundred dollars ($500.00). Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs recommendation and find the respondent in violation and impose the fine in the amount of five hundred dollars ($500.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 7:50 P.M. Approved on this a� day of di , 2010. Mary Rus II, Chairperson fr/ Joy Lombardi, Board Secretary • 1 i 6