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Home My WebLink AboutCEB MINUTES 03-22-12CITY 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 Walter Godfrey 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`2O12 Page PUBLIC HEARINGS: Case No. 11-00068 - Violation of Section 34-98, Buildinq Appearance and Maintenance; Section 110-467, Garage Sales; and Section 70-71, Enga, , ginq 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 EDfOrC8n|en[ Officer, [}u[8e Alexander, provided an overview Vfthe Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the numerous garage S8|ea and failure to obtain a bUSiDeSa 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 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 C}vvDer, testified that he received the Notice of Violation in September and CVDlp|et8d the roof repairs and stated that he thought the garage G8|H issue was minor in comparison. Mr. Newton stated that 8irDOD MOUStGf, his tenant, vvOU|d repair things and sell them; however, he explained that he was not aware that the situation was this bad uDU| today. Mr. Newton further stated that hewill talk to Mr. MOuat8fi and ask him to stop having garage S8|8S or vacate the unit. Mr. NevviOD also stated that he was Sure Mr. K80USt8fi vvOU|d comply. Officer Alexander respectfully requested that the Board find the Respondent inviolation of 58CLiVn 105.1' Permit Required; SeCbOO 110-467' Garage Sales; and Section 70-71, Engaging in BUSin8SS VVithVVL Paying Tax or Making Report, of the City Of Cape Canaveral Code of [}ndiO8O0es and inlpOSH 8 fine in the amount of one hundred dollars /$100.00\ per violation retroactive beginning on September 9` 2011 for 8 total Of fourteen violations. [}iGCVSSi0D Motion by M[ Vien8, seconded by Mc H8le, to amend staff's recommendation and find the Respondent in violation impose 3One in the amount Ofone hundred d0U8nS ($1O0.00) 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 Griggs, Property Owner. Code Enforcement Officer, DU[ee Alexander, provided an overview of the Case history and presented exhibits for the Board's review. {JffiCSr Alexander testified that the violation is for the exterior condition of the property. Officer Alexander stated that the property had trash and debris and Overgn]vvO grass. She explained that she received numerous cVnlp|8iDtS regarding this property. Officer Alexander further testified that a site visit today revealed that the property is in COrnp|i8nCe. Robert D8K48rGh, representative for the Property OwO8[, testified that the owner did not receive the first N[diCG of Violation because the mailing address was that of her ex-husband. Mc DeM3r8h St@hSd that the tenants had been evicted and they had cleaned up the property and made the necessary repairs iOthe unit. Code Enforcement Board Meeting K4inUhas March 22,2O12 Page Officer Alexander respectfully requested that the Board find the Respondent in viD|8bOO of Section 34-96(b)(d). Standards Established; and Section 34-122(a), Public NUiG3D&8S Prohibited, of the City Of Cape Canaveral Code Of Ordinances to establish the violation. Motion by K4[. VieDs' seconded by M[ Hale, to accept St8fyS recommendation and find the Respondent inviolation. Vote ODthe motion carried unanimously. 10 � 14911-:1161104M. 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, Interio 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, Dunee Alexander, provided 8Doverview of the Case history and presented exhibits for the Board's review. Officer A|8X8DdH[ testified that all the violations OD the property had been resolved and the property is in COnnp|i8OCe. She stated that the Respondent has requested 8 reduction of the lien. Officer Alexander explained that the fines had been running for over a year and the k}i@| 8nnOUD1 of the lien is ninety-eight thousand two hundred and fifty dollars ($88'25O.O0). Officer Alexander explained that Staff's consideration for the reduction of the |i8D included attorney k3eS' the length Of time the property was in violation (14 months), the number Of hearings associated with the violation, the fact that itadversely affected the adjoining property OvvnerS' and the 8nlOuO1 Of Staff time involved in the enforcement of the viO|8UVnS. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien Lo seventy-five thousand dollars ($Y5.UOO.UO). Tv8[ M8S0e[` Of Marshall Watson Law Office (representative for Chase HOnU8 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. M[ Mesmer stated that Chase had taken steps to rectify the pn]b|eOOS with this property and the adjoining properties and had brought the property into CODlp|i8DCe. 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. M[ Mesmer explained that his C||eDt expressed the fact that they are willing to pay this amount today and put this matter behind them so they can SH|| 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. K4HS0e[ explained that his client continues to lose money VOthis property and cannot afford the City's recommended reduction @DlUVnt. MOUOD by Mr. Hale, G8COnd8d by Mr. VlenG, tOaccept staff's [eC0[OOlendfdiOD and [eCODlrD8nd that Council reduce the lien i0the amount Vfseventy-five thousand dollars /$75'000.00\. Vote ODthe 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. 1 - Approved on this j day of 2012. q Mary Rus 11, Chairperson Jb`Y Lombardi, Board Secretary