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HomeMy WebLinkAboutMinutes 10-18-2007 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES OCTOBER 18, 2007 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 18, 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 James Hale Karen Hartley Raymond Viens Edward Ciecirski 1St Alternate Lynn Mars 2"d Alternate MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Todd Morley Building Official Michael Richart Code Enforcement Officer Joy Lombardi Board Secretary Bob Hoog Mayor Pro Tern Shannon Roberts City Council Member Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on January 17, 2008. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: August 23. 2007. Motion by Mr. Ciecirski, seconded by Ms. Hartley, to approve the meeting minutes of August 23, 2007, as amended. Vote on the motion carried unanimously. 0 I Code Enforcement Board Meeting Minutes October 18, 2007 Page 2 COMPLIANCE HEARINGS: i 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 I Conroy, Property Owner. Code Enforcement Officer, Michael Richart provided a copy of the case history and the notification summary for the Board's review. Mr. Richart requested that the Board find the respondent in non-compliance and requested that the Board Order be filed and the fines Imposed; or amend the Order to allow additional time. Michael Conroy testified that he is slow in the progress of the repairs due to the fact that he is required to be out of town for extended periods of time. However, Mr. Conroy stated that he would be here now to take care of the balcony. Mr. Conroy explained that he has a contractor to do the job but that he is waiting to obtain the drawings from an engineer so he could apply for the building permit. Mr. Conroy requested an extension for 90 days. Todd Morley, Building Official, testified that Mr. Conroy has installed a barrier, as requested by the City and is making an effort to obtain the required permit and inspections. Mr. Morley stated that this was not a life safety issue. Brief discussion followed. Craig Stewart stated that the respondent has had two extensions for a total of five months and if his request were granted, he would then have eight months with no repercussions. Mr. Stewart recommended having the fines implemented to be retroactive from this date if the respondent is not in compliance after the 90 days. Discussion followed. Motion by Mr. Viens, seconded by Mr. Biederman, to grant a 90-day extension and give the respondent until January 17, 2008 to come into compliance. Vote on the motion carried by a 6 to 1 majority with Craig Stewart voting against. 2. Case No. 06-00062 — Violation of Section 82-221. International Property Maintenance Code (IPMC) Adopted: IPMC Section 108.1. General: IPMC Section 108.1.1. Unsafe Structures: Section 303.11. Stairways. Decks. Porches. & Balconies, of the City of Cape Canaveral Code of Ordinances. (7908 Ridgewood Ave.)— Marsha K. & Kent C. Howe. Property Owner. Code Enforcement Officer, Michael Richart requested that the Case be withdrawn from the agenda due to the fact that proof of proper notification had not been received. Code Enforcement Board Meeting Minutes October 18, 2007 Page 3 } 3. 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, Michael Richart testified that this Case is in compliance. 4. Case No. 07-00127 — Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31; and Section ( 34-122, of the City of Cape Canaveral Code of Ordinances, (8523 Canaveral Blvd.)—Ahmad Nasajpour, Property Owner. Code Enforcement Officer, Michael Richart testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 07-00133—Violation of Section 303, Exterior Structures; and Section 303.13, Handrails and Guards, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (244 Cherie Down Ln.) French Lanham, Property Owner. Code Enforcement Officer, Michael Richart, stated that the railing is missing from the balcony and the respondent has secured the area. Officer Richart respectfully requested that the Board find the respondent in violation and be given until December 20, 2007 to come into compliance or be fined one hundred dollars ($100.00)for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. French Lanham, property owner, stated that the 60-day extension would be more than enough time to get the work done. Mr. Lanham further stated that the permit was issued today and the work should be completed within 30 days; however, he would appreciate the extra time. Motion by Ms. Hartley, seconded by Mr. Viens, to accept staffs recommendation and find the respondent in violation of Section 303, Exterior Structures; and Section 303.13, Handrails and Guards, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances and be given until January 17, 2008 to come into compliance or be fined one hundred dollars ($100.00)for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 18, 2007 Page 4 2. Case No. 07-00165—Violation of Section 04-2007, Resort Dwellings, Nonconforming Use Status, of the Cape Canaveral Code of Ordinances, (7630 Ridgewood Ave.) Jean Scott, Property Owner. Todd Morley, Building Official, testified that the City has adopted a new Ordinance (04- I 2007)for Resort Dwellings. The City has received several hundred applications for the certificate for a non-conforming use. The Ordinance has a three-strike provision whereby the property owner could loose the certificate. Mr. Morley stated that even though the following cases may have complied with the requirements and may have obtained their certificates; the question is whether or not they were in violation prior to the issuance of the certificate and if it should be counted as a strike against them. Mr. Morley read a few"whereas" clauses from the Ordinance and summarized that the intent is to restrict, regulate, and limit the resort dwelling uses to preserve the permanent residential character of the zoning district. If the Board finds the resort dwelling owners in violation; that should be a strike against them, and that will be staff's recommendation. Mr. Morley testified that the City received a complaint from a neighbor about the activity at the property located at 7630 Ridgewood Avenue. Mr. Morley stated that the respondent has since complied with the ordinance requirements and has obtained the certificate of occupancy as a resort dwelling. The certificate was issued on October 8, 2007, and the complaint is dated July 26, 2007. City staff contacted the property owner and asked them to stop the short-term rentals, at which time the property owner provided the City with a copy of a lease for a period in excess of 90 days from July 13, 2007 through Nov.9, 2007. The lease is not a violation of the City Code; the question is whether or not the property owner was in violation prior to this time. Mr. Stewart asked Mr. Morley if he was referring to the possibility that the respondent had violated the Ordinance some time ago and was not currently in violation. Mr. Morley replied that there did not appear to be a problem currently. The only evidence the City had was the neighbor's complaint, dated July 26, 2007, regarding the number of people on the property, parking issues, and noise. The Board questioned if they were to determine if the evidence presented should be a strike against the property owner or not. Mr. Morley stated that was correct. Due to the fact that the complaint was during the lease period, it was the consensus of the Board that the evidence does not support the fact that the respondent was in violation of the resort dwelling ordinance. Discussion followed. Motion by Mr. Stewart, seconded by Ms. Hartley, to find the respondent not in violation of Ordinance 04-2007. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 18, 2007 Page 5 3. Case No. 07-00169 -Violation of Section 04-2007, Resort Dwellings, Nonconforming Use Status, of the Cape Canaveral Code of Ordinances, (7912 Aurora Ct.) Stuart Welch, Property Owner. Todd Morley, Building Official, testified that staff has found evidence of rental activity on the Internet. The property was advertised as a weekly vacation rental with distinctive exterior photos, which were verified by Michael Richart, Code Enforcement Officer. Mr. Morley stated that City staff has viewed the web site three times over the past three months; however, the web posting was not accessible today. A letter was presented to the Board from Mr. Stuart Welch, property owner, which stated that he would not be available to appear at the meeting and that he has not been renting the property during the application process. Wayne Luchejko, representative for the property owner, testified that they tried to get the Internet advertisement shut down; unfortunately, it took several months. Mr. Luchejko stated that the advertisement was removed two days after the City issued the certificate. Now that they are legal, they want to have the advertisement posted again. Mr. Luchejko explained that they told the people that called for rentals that the property would not be available until March 2008. Mr. Morley stated that it is a violation of the zoning district to operate a resort dwelling in a residential area without a non-conforming certificate of status. Mr. Morley presented the photos from the Internet site compared to the photos taken by the City. Mr. Morley stated that this is evidence that the property was advertised as a vacation rental during the period that they should not have advertised the property for short-term rentals. Mr. Morley further stated that advertising alone is a violation of the City Code. Mr. Stewart explained that, as a realtor, he has advertised through VRBO (Vacation Rentals by Owners) and the removal of an advertisement is not an automatic withdrawal. It is something that you pay for once a year and it does take time to have an advertisement removed. Mr. Stewart stated that what happened here was an overlap of time that the Ordinance went into place and the advertisement was there. Mr. Stewart further stated that the respondent is in compliance now and he did not feel that they should find him (the respondent) in violation. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Viens, to find the respondent not in violation of Ordinance 04-2007. Vote on the motion carried unanimously. 4. Case No. 07-00172 -Violation of Section 04-2007. Resort Dwellings, Nonconforming Use Status. of the Cape Canaveral Code of Ordinances. (510 Tyler Ave.) Jeanine Stevens. Property Owner. Code Enforcement Officer, Michael Richart requested that the Case be withdrawn from the agenda due to the fact that proof of proper notification had not been received. 0 0 1 Code Enforcement Board Meeting Minutes October 18, 2007 Page 6 i 5. Case No. 07-00178 -Violation of Section 04-2007, Resort Dwellings, Nonconforming Use Status, of the Cape Canaveral Code of Ordinances, (807 Mystic Dr., Unit C309)James Courson, Property Owner. Code Enforcement Officer, Michael Richart requested that the Case be withdrawn from the agenda due to the fact that proof of proper notification had not been received. ADJOURNMENT: There being no further business the meeting adjourned at 7:55 P.M. Approved on this %7 day of Sta--1/44,c 3,. , 2008. l(1- /J-d-eek Mary Rus ll, Chairperson Joy Lombardi, oard Secretary