HomeMy WebLinkAboutMinutes 08-23-2007 0
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
AUGUST 23, 2007
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on August 23, 2007, in the City Hall Annex, 111 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 Chairperson
Craig Stewart Vice Chairperson
Charles Biederman
Walter Godfrey
James Hale
Karen Hartley
Lynn Mars 2nd Alternate
MEMBERS ABSENT
Raymond Viens
Edward Ciecirski 1st Alternate
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Bob Hoog Mayor Pro Tem
Anthony Garganese City Attorney
The Board members established that the next meeting would be held on September 20,
2007.
City Attorney Anthony Garganese swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: July 30. 2007.
Motion by Mr. Biederman, seconded by Mr. Godfrey, to approve the meeting minutes of
July 30, 2007, as written. Vote on the motion carried unanimously.
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Code Enforcement Board
Meeting Minutes
August 23, 2007
Page 2
COMPLIANCE HEARINGS:
1. Case No. 06-00068 — Violation of Section 108.1.1, Unsafe Structures; Section
303.1, General; Section 303.11 Stairways, Decks, Porches, & Balconies, of the
International Property Maintenance Code, as adopted by Section 82-221, of the
Cape Canaveral Code of Ordinances, (616 Monroe Ave.) — Lisa R. Stuart & Marc
G. Silberman, Property Owner. 1
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Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
PUBLIC HEARINGS:
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1. Case No. 07-00063—Violation of Section 105.1, Required; and Section 109.1
General, of the Florida Building Code, as adopted by Section 82-31, of the City of
Cape Canaveral Code of Ordinances, (276 Polk Ave.)— Charles & Sharon Lee
Hance, Property Owner.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history l
and presented exhibits for the Board's review. Officer Alexander testified that the
respondent is in violation of installing windows without the required permit and
inspections. Officer Alexander explained that this Case was presented during the July
Code Enforcement Board Meeting; however, there was a possibility that the respondent
had not received proper service of the notice of hearing. Officer Alexander stated that
she has since spoken to the property owner and they are aware that the Case is being
presented to the Board. The property owner is in California and was not present at the
hearing.
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Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as
adopted by Section 82-31 of the City Code and be given until September 20, 2007 to
come into compliance or be fined one hundred and fifty dollars ($150.00)for the first day
and one hundred dollars ($100.00) per day thereafter until found in compliance.
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Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staffs recommendation and find
the respondent in violation of Section 105.1, Required; Section 109.1, General, of the
Florida Building Code, as adopted by Section 82-31 of the City Code and be given until
September 20, 2007 to come into compliance or be fined one hundred and 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.
2. Case No. 07-00110—Violation of Section 14-56. Existing Development: Section
14-55. New Development. of the City of Cape Canaveral Code of Ordinances,
(8700 Ridgewood Ave.)—Ocean Oaks Condominium Association. do Petey
Davis. R.A.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. I'
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Code Enforcement Board
Meeting Minutes
August 23, 2007
Page 3
3. Case No. 07-00113—Violation of Section 14-56, Existing Development; Section
14-55, New Development, of the City of Cape Canaveral Code of Ordinances,
(8470 Ridgewood Ave.)— Flores Del Mar Condominium Association, do Petey
Davis. 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 three night
inspections revealed that lighting in the common areas on the Flores Del Mar
Condominium building was directly visible from the beach, and in violation of the turtle f
lighting ordinance. I'
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Richard Colarusso, Vice President of Flores Del Mar Condominium Association, testified
that he has changed the lighting to reduce the problem by using a 5-watt bulbs and
placing amber mesh over the globes. Mr. Colarusso stated that they have also allowed
the sea grapes to grow to a height of ten to twelve feet tall to further block the light.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 14-56, Existing Development; and Section 14-55, New Development, of the City 1
of Cape Canaveral Code of Ordinances and be given until May 22, 2008 to come into
compliance or be fined five hundred dollars ($500.00), as provided by Section 14-53, plus
one hundred dollars ($100.00)for the first day of non-compliance and fifty dollars
($50.00) everyday thereafter until found in compliance. Discussion followed.
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Corry , — Motion by M . Stewart, seconded by Mr. Godfrey, to accept staff's recommendation and
,01191 find the respondent in violation of Section 14-56, Existing Development; and Section 14
55, New Development, of the City of Cape Canaveral Code of Ordinances and be given
until May 22, 2008 to come into compliance or be fined five hundred dollars ($500.00), as
provided by Section 14-53, plus one hundred dollars ($100.00)for the first day of non-
compliance and fifty dollars ($50.00) everyday thereafter until found in compliance. Vote
on the motion carried unanimously.
4. Case No. 07-00117—Violation of Section 34-98, Building Appearance &
Maintenance: Section 34-96. Standards Established: Section 82-12. Unsafe
Buildings or Systems: Section 82-56. Standard Unsafe Building Abatement Code
Adopted: and Section 110-334, Special Exceptions Permissible By the Board of
Adjustment, of the City of Cape Canaveral Code of Ordinances, (104 Monroe t
Ave.)— Dawn M. Heath, 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
property was posted unsafe, following a site inspection. Ms. Alexander explained that
staff met with the property owner regarding the condition of the property and the concerns
for public safety. Officer Alexander stated that the respondent had the electrical meters
removed; however, the condition of the property was deteriorating. f
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Dawn Heath, property owner, testified that prior to the purchase of the property, she
asked the Building Official, Todd Morley, if there were any code enforcement issues
associated with the property. Ms. Heath stated that she received a letter from Mr. Morley, t
which stated, "Previous code enforcement actions have been satisfied. Research of our
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iCode Enforcement Board
Meeting Minutes
August 23, 2007
Page 4
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code enforcement files indicate that there is no current or pending code enforcement
action. The Code of Ordinance does not currently allow a mixed used in any zoning
district; correspondently the Code of Ordinance requires that this property be brought into '`
compliance." Ms. Heath stated that she had no intensions on using the trailer. She
agreed that the trailer was unsafe and should be removed from the structure. Ms. Heath
further testified that Officer Alexander had requested an inspection of the property during
which time Mr. Morley posted the property unsafe.
Attorney Garganese asked the respondent what was currently occurring on the property. I
Ms. Heath replied that there is no business being operated on the property, no one is
living there, and the property has been for sale for over a year. Ms. Heath further stated
that a sale is pending and hopes to close on the property within a few months.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 34-98, Building Appearance & Maintenance; Section 34-96, Standards
Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Standard
Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions
Permissible By the Board of Adjustment, of the City of Cape Canaveral Code of
Ordinances and be given until September 20, 2007 to provide staff with the requested I`
affidavits and be given until February 21, 2008 to repair or demolish the structures or be
fined one hundred dollars ($100.00)for the first day of non-compliance and fifty dollars
($50.00) everyday thereafter until found in compliance.
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Discussion followed regarding the request for an affidavit from a structural engineer. Mr.
Godfrey stated that the property is vacant and completely fenced off and was not able to
justify requiring the property owner to comply with this request. It was the consensus of
the Board that the requirement of the affidavit would be a hardship on the property owner.
Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staff's recommendation I`
(without the structural engineer requirement) and find the respondent in violation of
Section 34-98, Building Appearance & Maintenance; Section 34-96, Standards
Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56, Standard
Unsafe Building Abatement Code Adopted; and Section 110-334, Special Exceptions
Permissible By the Board of Adjustment, of the City of Cape Canaveral Code of
Ordinances and be given until February 21, 2008 to come into compliance or be fined
one hundred dollars ($100.00)for the first day of non-compliance and fifty dollars 1:,
($50.00) everyday thereafter until found in compliance. Vote on the motion carried
unanimously.
5. Case No. 07-00127—Violation of Section 105.1. Required: and Section 109.1 F'
General. of the Florida Building Code. as adopted by Section 82-31: and Section 1
34-122. of the City of Cape Canaveral Code of Ordinances. (8523 Canaveral
Blvd.)—Ahmad Nasajpour. Property Owner.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
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and presented exhibits for the Board's review. Officer Alexander testified that the
respondent is in violation of installing air conditioning units without the required permit
and inspections.
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Code Enforcement Board I
Meeting Minutes
August 23, 2007 k
Page 5
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as
adopted by Section 82-31 of the City Code and be given until September 20, 2007 to
come into compliance or be fined one hundred and fifty dollars ($150.00)for the first day
and seventy-five dollars ($75.00) per day thereafter until found in compliance. Discussion
followed regarding the amount of the fine.
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Motion by Mr. Godfrey, seconded by Ms. Russell, to accept staffs recommendation and
find the respondent in violation of Section 105.1, Required; Section 109.1, General, of the
Florida Building Code, as adopted by Section 82-31 of the City Code and be given until
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September 20, 2007 to come into compliance or be fined two hundred and fifty dollars
($250.00)for the first day and one hundred dollars ($100.00) per day thereafter until
found in compliance. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 9:08 P.M.
Approved on this /C day of Cetqt-e/t, , 2007.
1,0-/—e—C� Mary Ru ell, hairperson
Joy Lom brdi, Board Secretary
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