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HomeMy WebLinkAboutMinutes 03-22-2007 0 0 I g 1 I i CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES a MARCH 22, 2007 il 7:00 PM 1 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on March 22, 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 I Mary Russell Chairperson 1 Craig Stewart Vice Chairperson Charles Biederman Walter Godfrey James Hale Karen Hartley I Raymond Viens Edward Ciecirski 1st Alternate Lynn Mars 2nd Alternate OTHERS PRESENT Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Todd Morley Building Official Bob Hoog Mayor Pro Tem Kate Latorre Assistant City Attorney The Board members established that the next meeting would be held on April 19, 2007. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: February 22. 2007. Motion by Mr. Biederman, seconded by Mr. Godfrey, to approve the meeting minutes of February 22, 2007, as written. Vote on the motion carried unanimously. I Code Enforcement Board Meeting Minutes March 22, 2007 Page 2 i COMPLIANCE HEARINGS: 1 1. Case No 06-00074 — Violation of 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, (221-223 Columbia Dr.)—The Plaza Owner Association, Inc., c/o Jerry Cravey, 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 1 respondent is working with the City to resolve the issue. 1 Darlene Brinkley, representative of Flagship Association Management, stated that the contractor hired to complete the work backed out; however, Britt's A/C stated that they will apply for the permit Monday, March, 26, 2007. Ms. Brinkley requested another week Ito come into compliance. I Officer Alexander respectfully requested that the Board grant an extension until the next scheduled Code Enforcement Board meeting on April 19, 2007. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and grant an extension until April 19, 2007. Vote on the motion carried unanimously. 2. Case No. 06-00121 — Violation of Section 82-221. International Property P rtY Maintenance Code Adopted; Section 602.1. Facilities Required; Section 602.2, Residential Occupancies; Section 602.3, Heat Supply; Section 603.1, Mechanical Equipment; and Section 505.4, Water Heating Facilities, of the Cape Canaveral Code of Ordinances, (415 Jefferson Ave.)—Trudy W. Mohme, Trustee. Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent was found violation of not providing heat, operable air conditioning, and hot water to the tenant, which is required by the International Property Maintenance Code. Officer Alexander stated that she was not able to find the respondent in compliance due to the fact that a site inspection was not requested. Trudy Mohme, property owner, testified that she did not have the money to replace the central air conditioning unit because her property insurance and taxes have increased substantially. However, Ms. Mohme stated that the water heater has been repaired and there is a working air conditioning unit in the window. Ms. Mohme requested additional time to comply. Officer Alexander respectfully requested that the Board grant an extension until the next scheduled Code Enforcement Board meeting on April 19, 2007. Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staff's recommendation and grant an extension until April 19, 2007. Vote on the motion carried unanimously. I ® 0 Code Enforcement Board Meeting Minutes 3 March 22, 2007 Page 3 4 1 4 3. Case No 07-00018—Violation of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections; Section 109.3, FLBC - Required Inspections; Section 109.3.3, FLBC - Reinforcing Steel and Structural Frames; Section 109.6, FLBC - Approval Required; Section 110-275, Prohibited Uses and Structures; Section 110- 468(a), Accessory Structures, of the City of Cape Canaveral Code of Ordinances, (349 Coral Dr.)— Hans Saurenmann, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander stated that the respondent is in non-compliance. Officer Alexander testified that during a site inspection with Todd Morley, Building Official, it appeared that additional concrete had been added to the slab. Furthermore, Mr. Saurenmann cut off the plumbing pipes and filled them in, at least partiaHy, with concrete in an attempt to remove the plumbing violation. Officer Alexander further stated that the temporary structure had been removed, however, the concrete slab has not been removed from the easement and no permits have been I issued for the work, as previously ordered by the board. 1 Mr. Saurenmann, property owner, stated that he disagrees with the City. He testified that he owns the rear 20' portion of the property and that the slab is not in an easement. Mr. Saurenmann further stated that he has removed the temporary structure, cut off pipes for plumbing, and filled them in with concrete. Mr. Saurenmann explained to the Board that he only replaced an existing slab and there is no easement on his property. He stated that, in his opinion, he was in compliance. Officer Alexander stated that the respondent is in non-compliance and recommended that Board Order be filed and the fines imposed. I Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staffs recommendation and file the Board Order, which shall serve as a lien against the Respondent's property. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 07-00021 —Violation of Florida Building Code Section 107. Temporary Structures and Uses; and FLBC Section 107.2 Conformance: Section 34-96, Standards Established; Section 34-97. Duties and Responsibilities for Maintenance; Section 110-468, Accessory Structure, of the City of Cape Canaveral Code of Ordinances, (105 Justamere Rd.)— Donald Regan Jr., 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 respondent has been sent numerous Notices of Violation for the condition of his property. Historically, the respondent would clean up the property and be found in compliance before the hearings. The respondent was found in violation only one time for an abandoned vehicle. Officer Alexander stated that there is trash and debris in the yard, a temporary structure that has been removed, and the respondent is allowing people to stay in the shed. 1 I 5 0 Code Enforcement Board Meeting Minutes March 22, 2007 Page 4 1 Florence Tosh, Mr. Regan's mother, provided a_Power of Attorney document(entered as I evidence) to speak on his behalf. Ms. Tosh testified that the property is for sale and is requesting an extension to come into compliance. Ms. Tosh further stated that her son works part time as a handyman. She went on to explain that Mr. Regan was in a bad accident and has additional problems. Several neighbors testified that they are tired of the condition of the property located at 105 Justamere Road. They stated that there is trash in the yard, people sleeping in the shed, burning trash in the front yard, alcoholics falling in the road, and overgrown grass. The neighbors further stated that the situation has been going on for a very long time and asked the Board to please help to resolve the problem. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 107, Temporary Structures and Uses and Section 107.2, Conformance, of the Florida Building Code, as adopted by Section 82-31 of the City Code; Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance; and Section 110-468, Accessory Structure, and be fined $150.00 for the first day and $75.00 for everyday thereafter, until the respondent is found in compliance. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation of Section 107, Temporary Structures and Uses and Section 107.2, Conformance, of the Florida Building Code, as adopted by Section 82-31 of the City Code; Section 34-96, Standards Established; Section 34-97, Duties and Responsibilities for Maintenance; and Section 110-468, Accessory Structure, and be fined one hundred and fifty dollars ($150.00)for the first day and seventy-five dollars ($75.00)for everyday thereafter, beginning Friday, March 23, 2007. Vote on the motion carried unanimously. 2. Case No. 07-00040—Violation of Florida Statute 877.09. Tampering with or Damaging Sewer Systems; and Section 78-35. Maintenance of Plumbing System, of the City of Cape Canaveral Code of Ordinances. (8799 Astronaut Blvd.)— Zacharias &Adamantia Ligerakis. 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 respondent was in violation of dumping grease into the sewer system and uncapping the clean-out fitting to allow sewage effluent to run into storm water system. Officer Alexander stated that the respondent met with her and provided a receipt for the clean out of the grease trap and stated that the problem has been resolved. Mr. Ligerakis also stated that he is planning to replace the grease trap with a larger one. Officer Alexander further stated that she is satisfied that the property owner will be able to control the problem with the monthly cleaning of the grease trap. Mr. Ligerakis testified that he will have monthly cleaning of the grease trap and will provide a copy of the reports to the City. Mr. Ligerakis further testified that he is planning to replace the grease trap with a larger one. Brief discussion followed. I I I 0 411 Code Enforcement Board Meeting Minutes March 22, 2007 Page 5 I Officer Alexander respectfully requested that the Board find the respondent in violation of Section 877.09, Florida Statutes, Tam p erin g with or Damaging Sewer Systems, and Section 78-35, Maintenance of Plumbing System, of the City of Cape Canaveral Code of Ordinances and no fines be imposed at this time; however, if the respondent is found in violation of the same Code Sections, the maximum fines be imposed. Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staff's recommendation and find the respondent in violation of Section 877.09, Florida Statutes, Tampering with or Damaging Sewer Systems, and Section 78-35, Maintenance of Plumbing System, of the City of Cape Canaveral Code of Ordinances. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:26 P.M. Approved on this jig day of a 2007. // -----, Mary Rut ell, Chairperson Joy Lom ardi, Board Secretary t