HomeMy WebLinkAboutMinutes 02-21-2008CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
FEBRUARY 21, 2008
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on February 21, 2008, in the City Hall Annex, 111 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
Charles Biederman
James Hale
Karen Hartley
Raymond Viens
Edward Ciecirski
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Walter Godfrey
Lynn Mars
OTHERS PRESENT
Joy Lombardi
Bob Hoog
Kate Latorre
Chairperson
1St Alternate
2nd Alternate
Board Secretary
Mayor Pro Tem
Assistant City Attorney
The Board members established that the next meeting would be held on March 20, 2008.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: January 17, 2008.
Motion by Mr. Viens, seconded by Mr. Ciecirski, to approve the meeting minutes of
January 17, 2008, as written. Vote on the motion carried unanimously.
2. Election of a Vice -Chairperson
Motion by Mr. Hale, seconded by Mr. Ciecirski, to elect Raymond Viens for Vice -
Chairperson. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
February 21, 2008
Page 2
COMPLIANCE HEARINGS:
Case No. 07-00117 — Violation of Section 34-98, Building Appearance &
Maintenance; Section 34-96 Standards Established; Section 82-12 Unsafe
Buildings or Systems; Section 82-56, Standard Unsafe Building Abatement Code
Adopted; and Section 110-334, Special Exceptions Permissible By the Board of
Adiustment, of the City of Cape Canaveral Code of Ordinances, (104 Monroe Ave.)
— Dawn M. Heath, 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 an unsafe structure, building maintenance, and the condition of the property. Officer
Alexander stated that the respondent has an agreement for the sale of the property and
recommends the Board extend the compliance date four months.
Officer Alexander requested that the Board give the respondent until June 19, 2008 to
comply or the fine of one hundred dollars ($100.00) for the first day and fifty dollars
($50.00) everyday thereafter be retroactively imposed beginning on February 21, 2008.
James Kapp testified that he has a signed contract in escrow for the purchase of the
property and requested additional time to obtain the required permits to bring the property
into compliance. Discussion followed.
Motion by Mr. Ciecirski, seconded by Mr. Hale, to accept staff's recommendation and give
the respondent until June 19, 2008 to come into compliance or the fine of one hundred
dollars ($100.00) for the first day and fifty dollars ($50.00) everyday thereafter be
retroactively imposed beginning on February 21, 2008. Vote on the motion carried
unanimously.
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Case No. 08-00005 — Violation of Section 70-71, Engaging in Business Without
Paying Tax or Making Reports: Section 70=69, Receipt Required: Section 70-75,
Penalty for Failure to Obtain or Renew Receipt: Section 30-27 Alarm Permit
Required: and Section 70-68 Violation: Penalty, of the City of Cape Canaveral
Code of Ordinances. (8803 N. Atlantic Ave.) - Jeffrey R. Sauer, 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 not obtaining the required business tax receipt to do business, failure to renew the
alarm permit, and failure to renew the coin-operated device tax receipt. Officer Alexander
further stated that the permit has expired.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 70-71, Engaging in Business Without Paying Tax or Making Reports; Section 70-
69, Receipt Required; Section 70-75, Penalty for Failure to Obtain or Renew Receipt;
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Code and be given until March 10, 2008 to come into compliance or be fined five hundred
dollars ($500.00) for each day until found in compliance. Discussion followed.
Code Enforcement Board
Meeting Minutes
February 21, 2008
Page 3
Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and find the
respondent in violation and be given until March 10, 2008 to come into compliance or be
fined five hundred dollars ($500.00) for each day until found in compliance. Vote on the
motion carried unanimously.
2. Case No. 07-00216 —Violation of Section 105. 1, Required; and Section 109.1
General, of the Florida Building Code, as adopted by Section 82-31; Section 94-31
Permit Required; Section 22-40, Approval Prerequisite for Permits; and Section 94-
4, Exemptions, of the City of Cape Canaveral Code of Ordinances, (8501
Astronaut Blvd.) — Pantelis Markogiannakis, 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 installing signs without the approval of the Community Appearance Board and for not
obtaining the required permit and inspection.
Melissa Stains, representative for the Tourist Information Center, testified that they hired a
company to change the sign faces and did not realize that they did not obtain a permit.
Ms. Stains stated that she has submitted the application for the Community Appearance
Board and will be on the agenda for the March 3, 2008 meeting.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as
adopted by Section 82-31; Section 94-31, Permit Required; Section 22-40, Approval
Prerequisite for Permits; and Section 94-4, Exemptions, of the City Code and be given
until April 17, 2008 to come into compliance or be fined one hundred dollars ($100.00) for
the first day and seventy-five dollars ($75.00) everyday thereafter until found in
compliance. Discussion followed.
Motion by Ms. Hartley, seconded by Mr. Viens, to accept staff's recommendation and find
the respondent in violation and be given until April 17, 2008 to come into compliance or be
fined one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00)
everyday thereafter until found in compliance. Vote on the motion carried unanimously.
3. Case No. 07-00206 - Violation of Section 105.1. Required; and Section 109.1
General, of the Florida Building Code, as adopted by Section 82-31, of the City of
Cape Canaveral Code of Ordinances. (7004 N. Atlantic Ave.) — Mary M. Beasley
Trustee.
Cnde Enfnrcement Offl(_Pr nI imp- Alexander provided an over\/IATA/ of the Case history and
presenter) exhibits fnr the Board's rerinui. Officer Alexander testified that a tenant of the
respondent installed a freezer, plumbing, and electrical work without obtaining the required
permit and inspections.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as
adopted by Section 82-31, of the City Code and be given until April 17. 2008 to come_ into
compliance or be fined one hundred and fifty dollars ($150.00) for the first day and
seventy-five dollars ($75.00) everyday thereafter until found in compliance. Discussion
followed.
Code Enforcement Board
Meeting Minutes
February 21, 2008
Page 4
Motion by Mr. Hale, seconded by Mr. Ciecirski, to accept staff's recommendation and find
the respondent in violation and be given until April 17, 2008 to come into compliance or be
fined one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars
($75.00) everyday thereafter until found in compliance. Vote on the motion carried
unanimously.
4. Case No. 07-00158 - Violation of Section 105.1, Required; and Section 109.1
General, of the Florida Building Code, as adopted by Section 82-31, of the City of
Cape Canaveral Code of Ordinances, (118 Washington Ave.) — Russell T. Rose
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 installation of an accessory structure without obtaining the required permit and
inspections.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as
adopted by Section 82-31, of the City Code and be given until March 20, 2008 to come
into compliance or be fined one hundred dollars ($100.00) for the first day and fifty dollars
($50.00) everyday thereafter until found in compliance. Discussion followed.
Motion by Mr. Viens, seconded by Mr. Ciecirski, to accept staff's recommendation and find
the respondent in violation and be given until March 20, 2008 to come into compliance or
be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) everyday
thereafter until found in compliance. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:51 P.M.
Approved on this day of 12008.
Mary Russell, Chairperson
,I
Joy Lombardi, Board Secretary