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HomeMy WebLinkAboutMinutes 08-18-2011CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES AUGUST 18, 2011 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 18, 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 7:19 PM; due to technical issues. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter Godfrey James Hale Karen Hartley Lynn Mars MEMBERS ABSENT Ralph Lotspeich Raymond Viens OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on September 22, 2011. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 21, 2011. Motion by Ms. Hartley, seconded by Mr. Godfrey, to approve the meeting minutes of July 21, 2011, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes August 18, 2011 Page 2 COMPLIANCE HEARINGS: 1. 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 respondent was found in violation and given until July 21, 2011 to come into compliance by providing and affidavit that the scope of work completed was preformed per the submitted plans and the Florida Building Code (FBC). She further stated that, at the compliance hearing on July 21, 2011, the respondent was given until August 18, 2011 to comply. The affidavit was not submitted and the respondent is in non-compliance. 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 impose the 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 non-compliance and impose the 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. Delorse Kopitas, property owner, entered the meeting at 8:05 PM and requested to be heard. Ms. Kopitas testified that the work had been completed and she thought everything was okay. She stated that she would hire a contractor to certify the work and requested additional time for compliance. Chairperson Mary Russell stated that -spa this Case was first heard in June and that she was given additional time at the July meeting. Attorney Latorre explained to the Board that they could rescind the prior motion and make another motion given the additional testimony. Motion by Mr. Godfrey, second by Ms. Hartley, to rescind the previous motion. Vote on the motion carried unanimously. Motion by Mr. Godfrey, second by Ms. Hartley, to amend staff's recommendation and find the respondent in non-compliance and be given until September 22, 2011 to come into compliance with the stipulation that the property will not be rented or impose the 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 August 18, 2011 Page 3 2. 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, testified that this Case is in compliance. PUBLIC HEARINGS: Case No. 11-00021 - Violation of Section 34-96, Standards Established; Section 34-990(2), Landscape Appearance and Maintenance; Section 34-98(4), Building Appearance and Maintenance; and Section 505.3, Water Supply, 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, (388 Tyler Ave.) — Skymountain Coastal Properties, Inc., c/o Kenneth C. Bronchick, Esq., R.A. 2. Case No. 11-00024 - Violation of Section 34-96, Standards Established; Section 34-99(1)(2), Landscape Appearance and Maintenance; Section 34-98(4), Building Appearance and Maintenance; and Section 505.3, Water Supply, 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, (390 Tyler Ave.) Skymountain Coastal Properties, Inc., c/o Kenneth C. Bronchick, Esq., R.A. 3. Case No. 11-00025 - Violation of Section 34-96, Standards Established: Section 34-99(1)(2), Landscape Appearance and Maintenance: Section 34-98(4), Building Appearance and Maintenance: and Section 505.3, Water Supply, 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, (311 Harrison Ave.) — Skymountain Coastal Properties, Inc., c/o Kenneth C. Bronchick, Esq., R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review for the first three items under Public Hearings. Officer Alexander explained that there are three parcels together with one owner and stated that she would present them together and then give her recommendation. Officer Alexander testified that the violation is for the condition of the exterior of the properties. She stated that the properties are overgrown, they have dilapidated fencing, and no water. Officer Alexander explained that Virginia McGuire sold the property to Skymountain Coastal Properties; however the property is now in foreclosure. Virginia McGuire is the mortgage holder and has filed the foreclosure proceedings so she can gain access to bring the property into compliance. Virginia McGuire submitted a letter (exhibit A) which stated that she has been the property owner since 1985 and has always maintained the property. Ms. McGuire stated in her letter that she sold the property to Skymountain Coastal Properties, Inc. and held the mortgage. In 2009 Ms. McGuire started the foreclosure proceedings but she has not been able to get ownership of the property due to delay tactics by the current owner, who has filed bankruptcy; which froze the foreclosure proceedings. Ms. McGuire requested the Board grant her additional time to get permission from the Court to hire a landscape company to maintain the property. Code Enforcement Board Meeting Minutes August 18, 2011 Page 4 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-96, Standards Established; Section 34-99(1)(2), Landscape Appearance and Maintenance; Section 34-98(4), Building Appearance and Maintenance; and Section 505.3, Water Supply, 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 for Case No. 11-00021, Case No. 11-00024, & Case No. 11-00025 and be given until October 20, 2011 to come into compliance or impose a fine in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance. Case No. 11-00021 Motion by Mr. Godfrey, seconded by Ms. Hartley, to amend staff's recommendation and find the respondent in violation and be given until October 20, 2011 to come into compliance or impose a fine in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day retroactively beginning on August 18, 2011 until found in compliance. Vote on the motion carried unanimously. Case No. 11-00024 Motion by Mr. Godfrey, seconded by Ms. Hartley, to amend staff's recommendation and find the respondent in violation and be given until October 20, 2011 to come into compliance or impose a fine in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day retroactively beginning on August 18, 2011 until found in compliance. Vote on the motion carried unanimously. Case No. 11-00025 Motion by Mr. Godfrey, seconded by Ms. Hartley, to amend staff's recommendation and find the respondent in violation and be given until October 20, 2011 to come into compliance or impose a fine in the amount of two hundred fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day retroactively beginning on August 18, 2011 until found in compliance. Vote on the motion carried unanimously. 4. Case No. 11-00029 - Violation of Section 34-96(d), Standards Established; and Section 34-97(x)(1)(2), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (160 Polk Ave.) — David E. Jones, 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 exterior of the property and overgrowth. Officer Alexander stated that the owner has mowed and cleaned up the property and it is looking good; however, she further stated that she would like to establish the violation because this is an ongoing problem. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-96(d), Standards Established; and Section 34-97(a)(1)(2), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances to establish the violation and that no fines be assessed at this time. Code Enforcement Board Meeting Minutes August 18, 2011 Page 5 Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the respondent in violation. Vote on the motion carried unanimously. OLD BUSINESS: Case No. 10-00112 — Violation of Section 504.1, General; Section 505.1, General; Section 505.3, Supply; 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 A) — Harbour Portfolio VI LP, Property Owner. (Application for Satisfaction or Release of Code Enforcement Lien) 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 request for satisfaction and release of the Code Enforcement Lien filed on May 31, 2011 was submitted on August 8, 2011. She further stated that the property has been purchased by Deborah Deen and was found in compliance on August 9, 2011. Officer Alexander testified that the current lien amount is $8,350.00. Officer Alexander explained that Deborah Dean has purchased this unit and brought it into compliance. Further, she has re-established the homeowners association for the property. Deborah Dean, property owner, testified that this unit is next to another unit that she owns there and wanted to bring the entire property into compliance in an attempt to preserve the value of her properties. Ms. Dean stated that there is already a water lien on the property and this Code Enforcement Lien was prior to her purchase of the property. Ms. Dean is requesting leniency regarding the lien since she did not own the property at the time the lien was imposed. Officer Alexander respectfully requested that the Board recommend reduction of the Code Enforcement Lien to an estimated staff costs in the amount of one thousand three hundred and fifty-four dollars and eighty-six cents ($1,354.86). Motion by Mr. Hale, seconded by Mr. Godfrey, to recommend that City Council reduce the lien to staff costs in the amount of one thousand three hundred and fifty-four dollars and eighty-six cents ($1,354.86). Vote on the motion carried unanimously. DISCUSSION: Code Enforcement Officer, Duree Alexander, informed to the Board that there would be a change, similar to the recent change in the Charter that affects the term limits of the Board Members. She explained that after two consecutive terms of three years a member would be required to take one year off. At which time that Board Member would be able to serve on another Board if they choose. Then, after one year, the member could come back to the Code Enforcement Board. Brief discussion followed. Code Enforcement Board Meeting Minutes August 18, 2011 Page 6 ADJOURNMENT: There being no further business the meeting adjourned at 8:16 P.M. Approved on this day of 2011. Mary Russell, Chairperson Jo Lombardi, Board Secretary