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Home My WebLink AboutMinutes 10-23-2008CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES OCTOBER 23, 2008 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 23, 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 Raymond Viens Edward Ciecirski Walter Godfrey James Hale Karen Hartley Lynn Mars Ralph Lotspeich MEMBERS ABSENT Charles Biederman OTHERS PRESENT Duree Alexander Joy Lombardi Bob Hoog Kate Latorre Todd Morley Chairperson Vice -Chairperson 1;t Alternate 2nd Alternate Code Enforcement Officer Board Secretary Mayor Pro Tem Assistant City Attorney Building Official The Board members established that the next meeting would be held on November 20, �nnsz Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Ap.proval of Meeting Minutes: September 18. 2008. Motion by KAr Hale cne-nnAnA lky KAr. \/lens, t^v nNnro i the meeting minute; of September 18, 2008, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 23, 2008 Page 2 COMPLIANCE HEARINGS: Case No. 07-00109 — Violation of Section 14-56, Existing Development; Section 14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code of Ordinances, (8600 Ridgewood Ave.) — Royal Mansions Condominium Association, c/o Keith A. Acker / Nancy Lewis, General Manager. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. 2. Case No. 07-00117 — Violation of Section 34-98. Buildina ADDearance & 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 Adjustment, of the City of Cape Canaveral Code of Ordinances, (104 Monroe Ave.) — Heath & Heath Systems, Inc., c/o 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 stated that the special exception has been approved for the proposed use of the property as a car wash; and Mr. Kapp is working with engineers to get the permit application package submitted to the City. Officer Alexander respectfully requested that the Board find the respondent in non- compliance and amend the Board Order to give the respondent until January 22, 2009 to come into compliance or the fines in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on February 21, 2008. Motion by Mr. Viens, seconded by Mr. Hale, to find the respondent in non-compliance, and be given until January 22, 2009 to come into compliance or the fines in the amount of one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter be retroactively imposed beginning on February 21, 2008. Vote on the motion carried unanimously. 3. Case No. 08-00106 — Violation of Section 34-98, Buildina Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances: and Section 303.7, Roofs and Drainage, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (8500 Rosalind Ave.) Whispering Oaks Condo Assoc. of Brevard. Inc., c/o Marilyn A. Rigerman, R.A. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. Code Enforcement Board Meeting Minutes October 23, 2008 Page 3 PUBLIC HEARINGS: 1. Case No. 06-00087 — Violation of Section 34-96(a)(b). Standards Established: Section 34-98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and 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, (8303 Rosalind Ave.) Joseph Blanchard, Property Owners. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the violation is for building maintenance and work with out the required permit. Mr. Blanchard testified that he did not know a permit was required for the work because it was storm damage. He stated that he obtained a permit for the work and was able to complete most of the building repair when the permit expired. Mr. Blanchard further stated that health issues caused financial setbacks and he was not able complete the repairs. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-96(a)(b), Standards Established; Section 34-98(b), Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances; and 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 be given until January 22, 2009 to come into compliance or the fines in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter be retroactively imposed beginning on October 23, 2008. Discussion followed. Motion by Mr. Viens, seconded by Ms. Hartley, to find the respondent in violation, and be given until January 22, 2009 to come into compliance or the fines in the amount of seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter be retroactively imposed beginning on October 23, 2008. Vote on the motion carried unanimously. 2. Case No. 08-00138 — Violation of Section 34-122 Public Nuisances Prohibited: Section 34-126. Remedy by the City: and Section 110-551. Location of Recreational Vehicles, of the City of Cape Canaveral Code of Ordinances, (201 Harbor Dr.) — Joan Marie Brown, Trustee. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the violation is for an overgrown lot and untagged vehicles. Officer Alexander testified that the respondent has mowed the property except for under the trailer. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-122(a), Public Nuisances Prohibited; and Section 110-551(2)(d)(f), Location of Recreational Vehicles, of the Citv of Cape Canaveral Code of Ordinances_, and be given until November 20, 2008 to come into compliance or be fined seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter until found in compliance. Discussion followed. Code Enforcement Board Meeting Minutes October 23, 2008 Page 4 Motion by Mr. Ciecirski, seconded by Mr. Hale, to find the respondent in violation, and be given until November 20, 2008 to come into compliance or be fined seventy-five dollars ($75.00) for the first day and twenty-five dollars ($25.00) per day thereafter, retroactive from October 23, 2008. Vote on the motion carried unanimously. 3. Citation No. 0065 — Violation of Section 82-375 Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (8661 Villa Nova Dr.) Michael J. Katsarakes, Contractor. 4. Citation No. 0066 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (8657 Villa Nova Dr.) Michael J. Katsarakes, Contractor. 5. Citation No. 0067 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances, (8652 Villa Nova Dr.) Michael J. Katsarakes, Contractor. Code Enforcement Officer, Duree Alexander provided an overview of the citation history and presented exhibits for the Board's review. Officer Alexander testified that the citations were issued for the installation of hurricane shutters without the required permits. Officer Alexander stated that the respondent requested a hearing before the Code Enforcement Board to appeal the citations. Officer Alexander further stated that the contractor has subsequently obtained the permits and the final approved inspections. Vicki Katsarakes testified that she was not aware that a permit was needed to install the shutters. Mrs. Katsarakes explained that some municipalities do not require permits for shutters. She further stated that, upon first notification, they applied for the permits, paid the after -the -fact double permit fees, and obtained the approved final inspections. 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, deny the appeal for the citations to be revoked, and impose the civil citation fines in the amount of five hundred dollars ($500.00) for each one, for a total of fifteen hundred dollars ($1,500.00). It was the consensus of the Board to dismiss the citations based on the criteria established in City code section 2-260(e); the gravity of the violation, the action taken to correct the violation, there were no previous violations, and the fact that the contractor has already been fined in the form of double permit fees. Discussion followed. Motion by Mr. Ciecirski, seconded by Mr. Viens, to dismiss the civil citation #0065. Vote on the motion carried unanimously. Motion by Mr. Ciecirski, seconded by Mr. Viens, to dismiss the civil citation #0066. Vote on the motion carried unanimousiv. Motion by Mr. Ciecirski, seconded by Mr. Viens, to dismiss the civil citation #0067. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 23, 2008 Page 5 /_1DJ[O l]'WI&A1��iii There being no further business the meeting adjourned at 8:17 P.M. g Approved on this o2 ;�, day of 20W.. Wt&fie/ V v Mary Russe , Chairperson Joy Lombardi, Board Secretary