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HomeMy WebLinkAboutMinutes 07-22-2010 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JULY 22, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on July 22, 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 Karen Hartley Walter Godfrey Lynn Mars MEMBERS ABSENT Ralph Lotspeich OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Todd Morley Building Official Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on August 19, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: May 20, 2010. Motion by Mr. Hale, seconded by Mr. Viens, to approve the meeting minutes of May 20, 2010, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes July 22, 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 82 -221, of the City of Cape Canaveral Code of Ordinances, (200 W. Central Blvd.) — Abulghasem & Ahmad Nasaipour Trustee. 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 an unsafe structure. Officer Alexander stated that the respondent had obtained a permit for structural renovations and had an approved footing inspection. However, he did not call in for a final inspection and the permit expired on May 2, 2010. Officer Alexander further stated that the respondent requested the hearing be postponed until his brother returned but he did receive proper notification of the hearing. Chairperson Russell asked if the respondent had the materials on site to correct the violation. Mr. Morley, Building Official, said that it was likely that he did have the materials on site. Mr. Morley explained that the respondent has installed internal columns. Walter Godfrey stated that the respondent has reinforced the building and is making an effort to bring the building into compliance. He further stated that the building is for storage of materials and is not an area where customers would be. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of Section 303.1, General; Section 303.4, Structural Members, 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 September 23, 2010 to come into compliance or impose the fine as set forth in the Code Enforcement Board Order (seventy -five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter) retroactively beginning on September 21, 2009. Motion by Mr. Viens, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in non - compliance and amend the order to give the respondent until September 23, 2010 to come into compliance or impose a fine in the amount of seventy - '` five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter retroactively beginning on September 21, 2009. Vote on the motion carried unanimously. 2. Case No. 09 -00062 — Violation of Section 604. Electrical Facilities: Section 604.2, Service: Section 604.3. Electrical System Hazards: Section 605.1. Electrical Equipment. Installation. of the International Property Maintenance Code. as adopted by Section 82 -221: and Section 2603- 2603.4. General — Thermal Barrier, et seq.. of the Florida Building Code 2007 edition. as adopted by Section 82 -31. of the City of Cape Canaveral Code of Ordinances. (6850 -6890 N. Atlantic Ave.) — Yogi's Food & Discount Beverage. Inc.. c/o Yogeshkumar S. Patel. R.A.. & The Tomato Grille. Inc. aka Tip -A -Few. c/o Edward Liguori. R.A. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. Code Enforcement Board Meeting Minutes July 22, 2010 Page 3 3. Case No. 09 -00179 — Violation of Section 105.1, Permit Required; and Section 109.1, Inspections General, of the Florida Building Code 2007 edition, as adopted by Section 82 -31; and Section 110 -12, Mechanical Execution of Work, of the City of Cape Canaveral Code of Ordinances, (191 Center Street) — MILS Realty, LLC, c/o Jim Morris, R.A. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 4. Case No. 10 -00001 — Violation of Section 34- 97(a)(b)(3), Duties and Responsibilities for Maintenance; and Section 34- 98(5), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (404 Harrison Ave.) — Phillip N. Blaha, Life Estate. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 5. Case No. 10 -00005 - 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, (7522 Magnolia Ave.) — Dean & Linda Spanos, Property Owners. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 6. 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 Kaup, 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 the respondent has cut the grass; however, there is debris in the yard, the roof has not been repaired, the vehicles are still there, the window has not been repaired, and there is no water on the premises. Mr. Kaup, property owner, testified that the issues would be taken care of if he was not in dire financial straights. He stated that he was a military veteran and served in two wars which have had an affect on him. He further stated that there was false testimony given during the last meeting regarding a tarp on the car but the fact is that it was a car cover. Chairperson Russell asked if the car was tagged and operable. Mr. Kaup replied that the car is operable but not currently tagged. Chairperson Russell asked if he has made any progress on the list of issues in the Board Order. Mr. Kaup stated that he was collecting materials. Mr. Kaup further stated that he would repair the window and the roof himself. Mr. Viens asked if Mr. Kaup had water on the property. Mr. Kaup explained that as a soldier he could survive in a sanitary manner even without water. The Board explained that the law requires him to have running water on the property. Chairperson Russell asked if the additional time would help. Mr. Kaup stated that he did need more time. Code Enforcement Board Meeting Minutes July 22, 2010 Page 4 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 retroactive to the first day the violations continued to exist following July 19, 2010. Discussion followed regarding the amount of time it would take for the respondent to comply. Officer Alexander stated that if the Board is considering addition time; she recommended giving the respondents until September 23, 2010. Motion by Mr. Hale, seconded by Mr. Godfrey, to find the respondent in non - compliance and be given until September 23, 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. PUBLIC 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 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 violation is for the condition of the property, no water, and no electricity. Officer Alexander stated that she received a complaint that a generator was operating on the property every night. She explained that a site visit confirmed a generator was on the property. Officer Alexander further stated that she has not had any contact with the respondent and there have been no improvements to the property. Officer Alexander respectfully requested that the Board find the respondent in Violation 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 be given until September 23, 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. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation and be given until September 23, 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. Code Enforcement Board Meeting Minutes July 22, 2010 Page 5 2. 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 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 tenants that are without water. Michael Zucco, property owner, testified that he has a list of items that needed to be corrected. He stated that the emergency exit lights and the fire extinguishers were pillaged, but he has completed repairs them a few days ago. Mr. Zucco further stated that there is electric in the common area but that he has problems with the tenants illegal hook - ups to the common area electric; as a result, the electric bills are two hundred dollars per month and should only be about thirty dollars per month. The tenants have not paid rent for a year and a half. Mr. Zucco explained that there is no water because the outstanding water bill is six thousand and seven hundred dollars and he has tried to work out something with his two tenants since they were not paying rent maybe they would help with the water but they will not. Mr. Zucco submitted an estimate for the repairs of the building that include securing windows & doors, repair /seal roof, trim vegetation in the visibility area, & paint where needed. He stated that some of the work has been completed and the remaining issues will be completed in a few weeks. Mr. Zucco explained that the water will be a challenge but he has intentions to refinance to make improvements and get the water turned on. Discussion followed. Officer Alexander respectfully requested that the Board find the respondent in 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 and be given until September 23, 2010 to come into compliance or 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 retroactively beginning on July 22, 2010. Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation, with the omission of the fine being retroactively imposed, and find the respondent in violation and be given until September 23, 2010 to come into compliance or 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. Code Enforcement Board Meeting Minutes July 22, 2010 Page 6 3. 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 respondents were found in violation Section 110 -555, Paving of Vehicular Use Areas; Section 110 -492, Location of Spaces; Section 110 -339, Off Street Parking and Access; and Section 110 -466, Application of Performance Standards of the City Code on May 22, 2010. Officer Alexander stated that multiple site visits revealed repeat violations for parking on the grass and access road. Bud Burch, General Manager, testified that on April 14, 2008 they were found in violation of the parking issues and on April 28 Kent Oliver, one of the property owners, wrote a letter to Todd Morley, Building Official, requesting to add two additional rows of paved parking. Mr. Burch stated the he had revised the SJRWM permit for storm water concurrency; however, on May 14, 2008 received a letter from the City that they were unable to approve the request. Mr. Burch further stated that they are asking to resubmit the request to build 53 new parking spaces to alleviate the parking issue. Kent Oliver, Property Owner, testified that they had intended to comply with additional parking but the City denied the request stating that the intended use of cruse parking is not incidental to hotel use. Mr. Oliver explained that when people rent a room for three days he can't tell them that they can not leave their car on the property. Mr. Oliver further stated that they are trying to be competitive with their constituents in the same community who offer park & cruise. Mr. Oliver explained that they do not charge people for parking; if they are renting a room they are entitled to park there. Mr. Oliver asked what constitutes paving. Mr. Morley explained that the request was denied because the former City Planner, Todd Peetz, was instructed by the former City Manager that this was not compliant with the intent of the Code. Mr. Morley stated that the City has since had some change in personnel and Barry Brown, the current City Planner, has stated that he would welcome the opportunity to review the parking lot expansion. Mr. Morley also explained what constitutes minimum paving; stating that asphalt millings is what was used at Manatee Park and has been deemed sufficient in other projects. Discussion followed. Officer Alexander respectfully requested that the Board find the respondent a repeat violator 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 impose a fine not to exceed five hundred dollars ($500.00) per day for each repeat violation. Discussion followed. Motion by Mr. Viens, seconded by Mr. Godfrey, to find the respondent a repeat violator and be given until October 21, 2010 to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) per day retroactive to July 22, 2010 until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes July 22, 2010 Page 7 ADJOURNMENT: There being no further business the meeting adjourned at 9:42 P.M. Approved on this 01 3 day of •11.4i , 2010. C ' dm K Mary Russel Chairperson Joy Lombardi, Board etary • }