HomeMy WebLinkAboutMinutes 07-21-2011CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JULY 21, 2011
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on July 21, 2011, in the Cape Canaveral Public Library Meeting Room at 201
Polk Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 7:07 PM. The Board Secretary
called the roll.
MEMBERS PRESENT
Mary Russell
Karen Hartley
Ralph Lotspeich
Lynn Mars
MEMBERS ABSENT
Raymond Viens
Walter Godfrey
James Hale
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Tara Barrett
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on August 18,
2011.
Assistant City Attorney Barrett swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: June 23, 2011.
Motion by Ms. Hartley, seconded by Mr. Lotspeich, to approve the meeting minutes of
June 23, 2011, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
July 21, 2011
Page 2
COMPLIANCE HEARINGS:
Case No. 10-00130 - 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, (8010 N. Atlantic Ave.
Unit #4) — Delorse A. Kopitas, 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 work without a permit. Officer Alexander stated that the owner initially
applied for the permit; however it required a licensed contractor. She further stated that a
contractor was issued a permit for the work but the inspector required the contractor
submit an affidavit to certify the work was performed per the plans and Building Codes.
The affidavit was not submitted and the permit expired. Officer Alexander explained that
the owner is hiring another electrical contractor to certify the work.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance 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 and be given until August 18, 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. Lotspeich, seconded by Ms. Hartley, to accept staff's recommendation and
find the respondent in non-compliance and be given until August 18, 2011 to come into
compliance. Vote on the motion carried unanimously.
2. Case No. 10-00113 — Violation of Section 504.1, General; Section 505.1, General:
Section 604.3, Electrical System Hazards: and Section 302.4, Weeds, of the of
the International Property Maintenance Code (1998 edition), as adopted by
Section 82-221, of the City of Cape Canaveral Code of Ordinances: and NFPA
10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section
38-26, of the City of Cape Canaveral Code of Ordinances. (209 Pierce Ave.. Unit
B) — Carolyn S. Baker -Scherer & Randall L. Webb, Property Owner.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
3. Case No. 10-00122 — Violation of Section 504.1, General: Section 604.3,
Electrical System Hazards: and Section 302.4, Weeds, of the of the International
Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the
City of Cape Canaveral Code of Ordinances: and NFPA 10, Fire Extinguishers, of
the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of
Cape Canaveral Code of Ordinances. (213 Pierce Ave.. Unit C) — ESO
Investments, LLC, c/o Faro & Associates, P.A.
Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance.
Code Enforcement Board
Meeting Minutes
July 21, 2011
Page 3
4. Case No. 10-00124— Violation of Section 504.1, General; Section 505.1, General;
Section 604.3, Electrical System Hazards; and Section 302.4, Weeds, of the of
the International Property Maintenance Code (1998 edition), as adopted by
Section 82-221, of the City of Cape Canaveral Code of Ordinances; and NFPA
10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section
38-26, of the City of Cape Canaveral Code of Ordinances, (215 Pierce Ave., Unit
A) — Dotan Schachter, 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 City of
Cocoa installed individual meters for this building; however, this unit has not hooked up to
the meter and still has no water.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of the Board Order and impose a fine in the amount of two hundred and fifty
dollars ($250.00) for the first day (May 20, 2011) and one hundred dollars ($100.00) per
day thereafter until found in compliance. Officer Alexander is requesting to amend the
Board Order to impose the fine retroactively beginning on May 20, 2011.
Motion by Mr. Lotspeich, seconded by Ms. Hartley, to accept staff's recommendation and
find the respondent in non-compliance and impose the fine in the amount of two hundred
and fifty dollars ($250.00) for May 20, 2011 and one hundred dollars ($100.00) per day
thereafter until found in compliance. Vote on the motion carried unanimously.
5. Case No. 10-00126 — Violation of Section 504.1, General: Section 505.1. General:
Section 604.3, Electrical System Hazards: and Section 302.4, Weeds, of the of
the International Property Maintenance Code (1998 edition), as adopted by
Section 82-221, of the City of Cape Canaveral Code of Ordinances: and NFPA
10, Fire Extinguishers, of the Florida Fire Prevention Code, as adopted by Section
38-26, of the City of Cape Canaveral Code of Ordinances, (215 Pierce Ave., Unit
C) — Suntrust Mortgage Inc., dba Suntrust Bank. c/o Ben Eva & Katz, P.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 City of
Cocoa installed individual meters for this building; however, this unit has not hooked up to
the meter and still has no water.
Officer Alexander respectfully requested that the Board find the respondent in non-
compliance of the Board Order and impose a fine in the amount of two hundred and fifty
dollars ($250.00) for the first day (May 20, 2011) and one hundred dollars ($100.00) per
day thereafter until found in compliance. Officer Alexander is requesting to amend the
Order to impose the fine retroactively beginning on May 20, 2011.
Motion by Mr. Lotspeich, seconded by Ms. Hartley, to accept staff's recommendation and
find the respondent in non-compliance and impose the fine in the amount of two hundred
and fifty dollars ($250.00) for May 20, 2011 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 21, 2011
Page 4
PUBLIC HEARINGS:
Case No. 11-00039 - Violation of Section 34-122(b), Public Nuisances Prohibited,
of the City of Cape Canaveral Code of Ordinances, (Vacant Parcel — ID#24-37-15-
00-00026.0-0000.00) — E. Stephen Stroud & Grace D. Ramsey, 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 overgrown grass. Officer Alexander stated that the property owner mowed
the interior portion of the lot but left several feet of the front of the property overgrown.
Officer Alexander further stated that she sent an e-mail with pictures attached to inform
the owner that the lot was still in violation; there was no response.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 34-122(b), Public Nuisances Prohibited, of the City of Cape Canaveral Code of
Ordinances and be given until August 18, 2011 to come into compliance or impose a fine
in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred
dollars ($100.00) per day thereafter until found in compliance.
Motion by Ms. Hartley, seconded by Mr. Lotspeich, to accept staff's recommendation and
find the respondent in violation and be given until August 18, 2011 to come into
compliance or impose a fine in the amount of one hundred 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.
OLD BUSINESS:
Case No. 10-00132 - Violation of Section 34-122(b), Public Nuisances Prohibited:
and Section 110-470, Fences, Wall, and Hedges, of the City of Cape Canaveral
Code of Ordinances, (Vacant Parcel — ID#24-37-15-00-00753.1-0000.00) — PI
Holdings #1 Inc., Property Owners. (Application for Satisfaction or Release of
Code Enforcement Lien by PI Holdings #1, Inc.)
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that PI Holding
#1, Inc. took possession of the property via foreclosure and requested the payoff amount
of the outstanding lien that was incurred by the previous property owner.
On October 6, 2010 PI Holding #1, Inc. paid the outstanding lien in the amount of
$16,375.00. Officer Alexander stated that the property continued to be in violation and
she sent a Notice of Violation to the current owner (PI Holding #1, Inc.). A fine was
imposed in the amount of two hundred and fifty dollars ($250.00) for January 20, 2011
and one hundred and fifty dollars ($150.00) per day thereafter until they were found in
compliance on April 27, 2011. The total current lien is $14,800.00.
Officer Alexander explained that the PI Holdings #1, Inc. has hired a company to keep the
property in compliance. She further stated that they have gone above and beyond what
was asked and property looks great.
Code Enforcement Board
Meeting Minutes
July 21, 2011
Page 5
Dennis Basile, Representative for PI Holdings, #1, Inc., testified that the corporation was
not aware of the violation. As soon as the corporation appointed him to take care of the
property, he contacted Duree to resolve the issues on the property and has since hired a
company to maintain the property to a higher standard.
Mr. Basile requested a waiver of the total current lien because they had paid the initial
lien and brought the property into compliance as soon as they were aware of the
violation.
Officer Alexander respectfully requested that the Board recommend reduction of the
Code Enforcement Lien to staff costs in the amount of five hundred one dollars and sixty-
two cents ($501.62).
Motion by Mr. Lotspeich, seconded by Ms. Hartley, to recommend that City Council
reduce the lien to staff costs in the amount of five hundred one dollars and sixty-two cents
($501.62). Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:00 P.M.
Approved on this day of �[ 2011.
r
Mary Russ II, Chairperson
r°
k—iLombardi, Board Secretary