The URL can be used to link to this page

Home My WebLink AboutCEB MINUTES 05-17-12CITY OFCAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MAY 17,2012 7:00 PM ARegular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held ODMay 17'2O12,inthe Cape Canaveral Public Library Meeting Room ot2O1 Polk Avenue, Cape Canaveral, Florida. Ch8i[p8[SOD Mary Russell C@|hed the meeting to order at /:OO PM. The Board Secretary called the roll. Mary Russell R8ynlOndVieOS James Hale Walter Godfrey Lynn Mars H8|phLotSp8iCh Karen Hartley OTHERS PRESENT Chairperson Du[88AJex8nder Code Enforcement Officer Joy Lombardi Board Secretary Todd K4Od8y Building Official G|BODPenBDo P|ansEx8Onin8r/|nSpentor Kate L8tOr[8 Assistant City Attorney The Board members established that the next meeting would be held OOJune 21.2U12. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: February 23, 2012. Motion by K4[ VieDS. seconded by Mc H8k3. to approve the meeting minutes of K4@rCh 22, 2012' Code Enforcement Board Meeting Minutes May 17'2012 Page COMPLIANCE HEARINGS: Case No. 11-00017 - Violation of Section 78-128, Change of Use: and Section 78-121, Established, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) — Izzy's Bistro aka BJBK Cape, Inc., c/o Brigitte Krause, R.A. Code Enforcement Officer, [}ure8 Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for non-payment of the sewer innp8CL fees. Officer Alexander stated that the Respondent has agreed to reduce the seats in the Fest8u[8D1 from the oUrn8ni 150 to 75; this will bring her into compliance with the previous parking issue; however, research revealed that only 25 seats have been paid. Therefore, the F78SpODd8ni SU|/ OvveS the impact fees on the R}Dl8iUiDg Se81S and stools. The total amount due is twelve thousand and twenty-nine dollars and fifty-eight cents ($12.029.58). Officer Alexander further stated that the F|8SpODdeOt has the option to request payment plan from the City Council. Brigitte Krause, buSiO8SS 0vvOar' testified that she purchased the business in September 2007 and was under the impression that the 75seats that existed had been paid. She stated that the City appeared to be under the same assumption because this new information just came up four weeks ago when she agreed to reduce her seats from 150 back to 75. PWS. Krause further stated that the previous orders from the City stated that she owed the impact fees onseats from 70-175; therefore, she assumed that reducing her SH8tS vv0u|d bring the property into fU|| COnnp|iGOC8. P{UrtTeze|' Property [)vvner' testified that there were several restaurants before |zzy'S 0iSt[O and he believed that he had receipts that verified 54 seats had been paid. He stated that hewould bring his records to the City for verification. Todd Morley, Building [}ffiCi8|' explained that previous 0vvn9r may have illegally added 50 seats then, years |8te[. |zzy'S Bistro started with 75 seats. Officer Alexander respectfully requested that the Board find the Respondent in DDD-connp|i8OCG and amend Code Enforcement Board Order to be retroactive beginning On September 22. 2011 and give the R8SpOOd8Dt until August 23, 2012 to come into C00p|ianC8 by obtaining an approved payment p|8D from City {|0unoi| and n8dUC8 the Current number Ofseats to 75; or impose 8 fine in the 8nn0uOt of one hundred fifty dollars /$15O.00\for the first day and one hundred dollars ($1O0.0O) per day thereafter until found incompliance. W1OU0n by Mr. ViHDS, seconded by Mr. GOdf[ey. LO accept Staff's r8C0nDDleOd8tiOn and find the Respondent in non-compliance and be given until August 23' 2O12tocome into COnnp|i8DCH Or impose 8 fine in the GDlOuni of one hundred fifty dollars /$15O.00\for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning OD September 22, 2011' until found incompliance. Vote ODthe motion carried unanimously. Code Enforcement Board Meeting Minutes May 17.2O12 Page Case No. 11-00077 - Violation of Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.) — JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A. Code Enforcement Officer, [>ur8e Alexander, provided an overview Cfthe C8S8 history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the maintenance Ofthe parking lot. Officer Alexander stated that the Respondent sent an e-mail that explained that he would be out of the State and vV0u|d not be able to attend the meeting; however, M[ Bennett further stated that he found 8 8V|UiiOn for the repairs and vv0u|d make arrangements for the repairs when he returned. Officer Alexander respectfully requested that the Board find the Respondent violation of Section 34-87/bX3\, [)UUHS and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances and give the Respondent until June 21, 2012 to C0nle into compliance Orimpose 8 fine in the amount ofone hundred d0||8nS ($1OO.00)for the first day and seventy-five dollars /$75.O0\per day thereafter until found incompliance. Motion by Mc VienS, SGC0ndHd by M[ Hale, to 8CCG[t Staff's recommendation and find the respondent iDviolation and be given until June 21. 2O12h}come into compliance Orimpose 8 fine in the amount ofone hundred dOU8rG ($1UO.00) for the first day and seventy-five dOU3rS ($75.0O) per day thereafter until found incompliance, Vote Vnthe motion carried unanimously. 2. Case No. 12-00006 — Violation of Section 301.3, Vacant Structures and Land: Section 302.3, Sidewalks and Driveways; Section 303.4, Structural Members: Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door Frames; Section 303.16, Doors; Section 304.3, Interior Surfaces, 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 Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building Abatement Code (1985 Edition), (7521 Magnolia Ave.) — Lenny Cassanelli, Propert Ownpr Code EnfOrC8Dl8Dt Officer, [)U[eeAleXaDd8r, provided an overview [fthe Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation iofor the condition Vfthe structure. Officer Alexander addressed the Board and stated she felt that some of the testimony they may hear form Respondent COU|d be that he feels that the [e8GOD he is in the predicament he is in is due to 8||8g8d conversations that he has had with her and holds her responsible for the reason that he is at the point that he is. Officer Alexander Stated to the Board that she vvVu|d never tell anyone that they could perform work without permit, when 8 permit is required for such work. Code Enforcement Board Meeting Minutes May 17.2O12 Page L8DnyCGSS8nB||i` Property Owner, testified that he purchased the property one year ago and that the property was in very bad condition. Mr. CauS@ne||i stated that prior to the pUrChGSS he was informed by [)ureeAlexander that he could pull an owner/builder permit and he VVGS Under the impression that he would be able to complete most Of the repairs himself. FO||ovviDg the purchase, Mr. C8SG8nS||i explained that he found out that since it was 8 multi -unit structure, he had to hire a contractor. Mr. C8SS8ne||ifurther explained that he hired a roofing contractor but the contractor never called for final inspection and the permit expired. He stated that the structure is secure and the broken doors and windows have been boarded up. Mr. C8SS8De{|i requested that the Board not impose a fine because the property has beCOnO8 8 financial burden and he could not afford any more. He explained that he has an application in the Building Department for 8 permit for the repairs. Glenn PerenO, Plans Exam iDer/|DSpecLOr, testified that K4[. C@Ss8ne||i needs to submit 8 COnlp|8te SCOp9 Of vvO[k that addresses all vv0rh itHDlS' including the St[uCtU[a|. electrical and plumbing repairs that are needed OOthe property. Officer Alexander respectfully requested that the Board find the Respondent violation of Section 301.3' Vacant Structures and Land; Section 302.3. SidGvv8|kS and Driveways; 88Cbon 303.4. Structural Members; Section 303.0` Exterior Walls; Section 303.7. Roofs and Drainage; Section 303.10. Stair and Walking Surfaces; Section 303.14, VVind0vv' Skylight and Door Frames; Section 303.16' Doors; Section 304.5. Interior Surfaces, Of the Of the International Property Maintenance Code /1SS88ditiOn\.a8adopted bySection 82-221'ofthe City 0fCape Canaveral Code of Ordinances; and Section 34-86/d\' Standards Established, Of the City of Cope Canaveral Code of {}njiO8DC8G; and Section 301.1' General, of the Standard Unsafe Building Abatement Code /1985 Edition), and give the Respondent until June 21. 2012 to COnl8 into compliance orimpose afine inthe amount Oftwo hundred and fifty dollars ($25O.0O)for the first day and one hundred dollars /$100.00\ per day thereafter retroactively beginning On May 17, 2O12until found incompliance. Motion by Mc Vi8ns' seconded by Mr. Hale' to accept Staff's recommendation and find the respondent inviolation and be given until June 21, 2012 to COnn8 into compliance Orimpose @ fine inthe amount Vftwo hundred fifty dollars /$250.00\for the first day and one hundred dollars ($1OO.00) per day thereafter retroactively beginning oOMay 17'2012,until found incompliance. Vote OOthe motion carried unanimously. 3. Case No. 12-00018 - Violation of Section 34-96(d), Standards Established; Section 34� 970)(2), Duties and Responsibilities for Maintenance; Section 34-122(a), Public Nuisances Prohibited; and Section 94-62(a), Abandoned and Hazardous Signs, of the City of Cape Canaveral Code of Ordinances, (8780 N. Atlantic Ave.) — Albino L., Virginia, & Albino J. Teixeira, Property Owners. Code Enforcement OffiDer, DU[88 AlBxander, testified that this C8S8 is in compliance. Code Enforcement Board Meeting Minutes May 17'2O12 Fo8Ae 5 4. Case No. 12-00022 - Violation of Section 34-96(d), Standards Established: and Section 34-970), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, (105 Justamere Ave.) — Donald J. Regan Jr., Propertv Owners. Code Enforcement Officer, [)UrSe 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 Trumancondition of the exterior of the property. Officer Alexander stated that this is repeat violation. JVOeS' Manager 0fCarver's Cove, testified that the trailer park hes visitors from all over the world and the condition Ofthe Respondent's property iSGnembarrassment for the Park. Mc Jones stated that some folks have requested to be relocated away from the Respondent's lot. Officer Alexander respectfully requested that the Board find the Respondent as a repeat violator of Section 34-86(d)' Standards Established; and Section 34-97(1). Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances, and innpOS6 8 fine in the amount of five hundred dollars ($500.00) per day until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the Respondent 8S8repeat violator and impose a fine inthe amount Offive hundred dollars ($500.00). Vote Onthe motion carried unanimously. There being DVfurther business the nO88UOg adjourned at 8:26 P.M. Jr�/Lombardi, Board Secretary