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Home My WebLink AboutCEB Minutes 03-22-2012CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 22, 2012 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on March 22, 2012, 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 Raymond Viens James Hale Karen Hartley Lynn Mars Ralph Lotspeich EMBERS ABSENT Walter Godfrey 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 April 19, 2012. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: February 23, 2012. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of February 23, 2012, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 22, 2012 Page 2 PUBLIC HEARINGS: 1. Case No. 11 -00068 - Violation of Section 34 -98, Building Appearance and Maintenance; Section 110 -467, Garage Sales; and Section 70 -71, Engaging in Business Without Paying Tax or Making Report, of the City of Cape Canaveral Code of Ordinances (310 W. Central Blvd.) — Gold Group LLC, aka Central Blvd. Warehouses LLC, c/o John E. Newton, 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 the numerous garage sales and failure to obtain a business tax receipt. Officer Alexander stated that the owner has repaired the roof and is in compliance with Section 34 -98. Officer Alexander explained that the tenant had applied for a business tax receipt with the City but it was denied due to zoning issues. Officer Alexander further explained that she has documented fifty garage sales since June. John Newton, Property Owner, testified that he received the Notice of Violation in September and completed the roof repairs and stated that he thought the garage sale issue was minor in comparison. Mr. Newton stated that Simon Moustafi, his tenant, would repair things and sell them; however, he explained that he was not aware that the situation was this bad until today. Mr. Newton further stated that he will talk to Mr. Moustafi and ask him to stop having garage sales or vacate the unit. Mr. Newton also stated that he was sure Mr. Moustafi would comply. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 105.1, Permit Required; Section 110 -467, Garage Sales; and Section 70 -71, Engaging in Business Without Paying Tax or Making Report, of the City of Cape Canaveral Code of Ordinances and impose a fine in the amount of one hundred dollars ($100.00) per violation retroactive beginning on September 9, 2011 for a total of fourteen violations. Discussion followed. Motion by Mr. Viens, seconded by Mr. Hale, to amend staff's recommendation and find the Respondent in violation impose a fine in the amount of one hundred dollars ($100.00) for all future recurrence of any violation addressed herein. Vote on the motion carried unanimously. 2. Case No. 11 -00080 - Violation of Section 34- 96(b)(d), Standards Established; and Section 34- 122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, (362 Chandler St.) — Lisa Marie Griqqs, 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 exterior condition of the property. Officer Alexander stated that the property had trash and debris and overgrown grass. She explained that she received numerous complaints regarding this property. Officer Alexander further testified that a site visit today revealed that the property is in compliance. Robert DeMarsh, representative for the Property Owner, testified that the owner did not receive the first Notice of Violation because the mailing address was that of her ex- husband. Mr. DeMarsh stated that the tenants had been evicted and they had cleaned up the property and made the necessary repairs to the unit. Code Enforcement Board Meeting Minutes March 22, 2012 Page 3 Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 34- 96(b)(d), Standards Established; and Section 34- 122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances to establish the violation. Motion by Mr. Viens, 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. 08 -00127 — Violation of Section 34 -96, Standards Established; Section 34 -97, Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances; and Section 302.1, Vacant Structures and Land; Section 304.1, Interior Structure; Section 304.2, Structural Members; Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82 -221, of the City of Cape Canaveral Code of Ordinances, (8740 Croton Ct.) - Chase Home Finance, LLC, C/O David B. Lowman, Manager; Kim D. Greaves, Manager; & CT Corporation Systems. (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 testified that all the violations on the property had been resolved and the property is in compliance. She stated that the Respondent has requested a reduction of the lien. Officer Alexander explained that the fines had been running for over a year and the total amount of the lien is ninety -eight thousand two hundred and fifty dollars ($98,250.00). Officer Alexander explained that Staff's consideration for the reduction of the lien included attorney fees, the length of time the property was in violation (14 months), the number of hearings associated with the violation, the fact that it adversely affected the adjoining property owners, and the amount of Staff time involved in the enforcement of the violations. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien to seventy -five thousand dollars ($75,000.00). Tyler Mesmer, of Marshall Watson Law Office (representative for Chase Home Finance), testified that it took two years to address the situation due to the overwhelming number of foreclosure cases and the backlog that it has created. Mr. Mesmer stated that Chase had taken steps to rectify the problems with this property and the adjoining properties and had brought the property into compliance. He further stated that his client (Chase) had authorized him to counter -offer the City recommendation and offer a payment in the amount of fourteen thousand seven hundred thirty -seven dollars and fifty cents ($14,737.50) which is 15% of the original amount of the lien. Mr. Mesmer explained that his client expressed the fact that they are willing to pay this amount today and put this matter behind them so they can sell the property. Mr. Mesmer further explained that his client is willing to take this matter to the Circuit Court of Appeal due to the fact that the Lien is not certified. Mr. Mesmer explained that his client continues to lose money on this property and cannot afford the City's recommended reduction amount. Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and recommend that Council reduce the lien to the amount of seventy -five thousand dollars ($75,000.00). Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 22, 2012 Page 4 ADJOURNMENT: There being no further business the meeting adjourned at 8:12 P.M. Approved on this —�Day of 2012. Mary Rus II, Chairperson Joy Lombardi, Board Secretary