HomeMy WebLinkAboutMinutes 07-30-2007 CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JULY 30, 2007
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on July 30, 2007, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral,
Florida.
Vice Chairperson Craig Stewart called the meeting to order at 7:00 PM. The Board
Secretary called the roll.
MEMBERS PRESENT
Craig Stewart Vice Chairperson
Charles Biederman
Walter Godfrey
James Hale
Karen Hartley
Edward Ciecirski 1st Alternate
Lynn Mars 2nd Alternate
MEMBERS ABSENT
Mary Russell Chairperson
Raymond Viens
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Bob Hoog Mayor Pro Tem
Shannon Roberts City Council Member
Kate Latorre Assistant City Attorney
The Board members established that the next meeting would be held on August 23,
2007.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: June 25. 2007.
Motion by Mr. Hale, seconded by Mr. Biederman, to approve the meeting minutes of June
25, 2007, as written. Vote on the motion carried unanimously.
Code Enforcement ce ent Boa
Meeting Minutes
July 30, 2007
Page 2
COMPLIANCE HEARINGS:
1. Case No. 06-00059 — Violation of Section 82-221, International Property
Maintenance Code (IPMC) Adopted; IPMC Section 108.1, General; IPMC Section
108.1.1, Unsafe Structures; Section 82-31, Florida Building Code Adopted;
Sections 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the
City of Cape Canaveral Code of Ordinances, (7902 Ridgewood Ave.) — Michael
Conroy, 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 an unsafe structure, and work without a permit or the required inspections.
Officer Alexander testified that the respondent requested an additional extension to
obtain a permit and complete the balcony repairs. She further stated that the respondent
lives in North Carolina and that the property is not occupied.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 108.1, General; and Section 108.1.1, Unsafe Structures, of the International
Property Maintenance Code, as adopted by Section 82-221 of the City Code; and Section
104.1.1, and 105.4, Permits & Inspections, of the Florida Building Code, as adopted by
Section 82-31 of the City Code and be given until October 18, 2007 to come into
compliance or be fined 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. Stewart, seconded by Mr. Hale, to accept staffs recommendation and
amend the Board Order to give the respondent until October 18, 2007 to come into
compliance or impose the fines previously ordered. Vote on the motion carried by a 6 to
1 majority with Mr. Mars voting against.
2. 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.
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 an unsafe structure. Officer Alexander stated that the respondent has
hired a new contractor who has obtained a permit to repair the balcony. She further
stated that the contractor informed her that the work would be completed within one week
and he would call for the inspection. Officer Alexander requested that the Board give the
respondent additional time to come into compliance.
Motion by Mr. Godfrey, seconded by Mr. Ciecirski, to accept staffs recommendation and
amend the Board Order to give the respondent until August 23, 2007 to come into
compliance or impose the fines previously ordered. Vote on the motion carried
unanimously.
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Code Enforcement Boar
Meeting Minutes
July 30, 2007
Page 3
PUBLIC HEARINGS:
1. No. —
Case o. 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
and presented exhibits for the Board's review. Officer Alexander testified that the t
respondent is in violation of installing windows without the required permit and
inspections.
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 August 23, 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.
Motion by Mr. Biederman, seconded by Mr. Godfrey, to accept staff's 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 August 23, 2007 to come into compliance or be fined one hundred and fifty dollars k
($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until
found in compliance. Vote on the motion carried by a 6 to 1 majority with Mr. Mars voting
against.
2. Case No 07-00079—Violation of Section 105.1. Required; and Section 109.1 il
General, of the Florida Building Code, as adopted by Section 82-31, of the City of
Cape Canaveral Code of Ordinances, (808 Bayside Dr.)— Eric & Sonja Danoy,
Property Owner.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
3. Case No. 07-00108—Violation of Section 14-56. Existing Development; Section
14-55, New Development, of the City of Cape Canaveral Code of Ordinances,
(7520 Ridgewood Ave.)— Cynthia Shaffer. R.A.
t
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that two night
inspections revealed that lighting on the Canaveral Towers Condominium building was
directly visible from the beach, in violation of the turtle lighting ordinance. Officer
Alexander stated that the association has been working to improve the condition by
replacing the windows and doors in individual units; however, the common areas are still
in violation. Officer Alexander explained that the lights in the stairways, balconies, and i
pool areas need to be shielded, redirected or changed to a low level sodium lights.
1
Cynthia Shaffer, Condominium Association Manager, testified that shields were installed
last year and thought that the shields were sufficient, based on the fact that they didn't
hear anything to the contrary from the City. Ms. Shaffer stated that the maintenance man
has removed one light in each stairway and the remaining lights are shielded.
Code Enforcement Board
Meeting Minutes
July 30, 2007
Page 4
She further stated that they are afraid to take out any more lights in the stairway, as it
could affect the safety of the residents. Ms. Shaffer explained that they will experiment
with the fluorescent lights and would like for the City to inspect them before the
association purchases all the bulbs necessary to complete the job.
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
of Cape Canaveral Code of Ordinances and be given until September 20, 2007 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.
It was the consensus of the Board that the condominium association is attempting to
come into compliance and would like to give them additional time to complete their
efforts. The Board determined that the first meeting following the start of turtle season
would be May 22, 2008.
Motion by Ms. Hartley, seconded by Mr. Ciecirski, to accept staff's recommendation and
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. 07-00109—Violation of Section 14-56, Existing Development; Section
14-55, New Development, of the City of Cape Canaveral Code of Ordinances,
(8600 Ridgewood Ave.)— Keith A. Acker, General Manager.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that two night
inspections revealed the lights associated with the Royal Mansions building were directly
visible from the beach due to the globe-type of lighting used, and the fact that the sea
grapes have been cut back.
Keith Acker, General Manager, testified that they are working on replacing the lights with
turtle-friendly, amber color lighting. Mr. Acker stated that they have purchased lights for
the balconies that are shaded in the front and shine down on the balcony only. Mr. Acker
further stated that the sidewalk light poles would be cut down in height and they would
replace the heads so that the light will shine down on the walkway only. Mr. Acker
expressed his concerns regarding public safety if the lights were dimmed too much;
however, he is trying to come into compliance with the City.
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
of Cape Canaveral Code of Ordinances and be given until September 20, 2007 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.
Code Enforcement Board
Meeting Minutes
July 30, 2007
Page 5
Motion by Ms. Hartley, seconded by Mr. Hale, to accept staffs recommendation and 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.
REPORTS:
1. Case No. 07-00095—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; and Section 603.1, Mechanical Equipment;
and Section 605.1, Installation, of the International Property Maintenance Code,
as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances, (201
International Dr. Unit#222)—Michael S. Sexton, Property Owner. (Lien filed
6/29/07)
DISCUSSION:
1. Code Enforcement Civil Citation Codes
Assistant City Attorney, Kate Lattore explained the Civil Citation Code including the list of
code offenses, the violation classifications, and the possible penalty. Ms. Lattore further
explained that the Code requires that a warning citation shall be issued first and then the
citation ticket could be issued and appealed only to the county court. The Civil Citation
Code is an additional Code Enforcement tool that could be used as an alternative
procedure. Discussion followed.
Motion by Mr. Hale, seconded by Mr. Stewart, to recommend the City Council approve
the proposed Civil Citation Code. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 9:08 P.M.
Approved on this )3 day of /4/2 OS 007.
aig Ste ?-' ic: C . rperson
5;;;fc_.,
Joy Lombardi, Board Secretary