HomeMy WebLinkAboutMinutes 04-19-2007 •
f CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
APRIL 19, 2007
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on April 19, 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
Raymond Viens
Lynn Mars 2nd Alternate
MEMBERS ABSENT
Edward Ciecirski 1st Alternate
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Bob Hoog Mayor Pro Tern
Kate Latorre Assistant City Attorney
The Board members established that the next meeting would be held on May 17, 2007.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: March 22. 2007.
Motion by Mr. Biederman, seconded by Mr. Hale, to approve the meeting minutes of
March 22, 2007, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
April 19, 2007
Page 2
COMPLIANCE HEARINGS:
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., do Jerry Cravev, 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
respondent is non-compliance with the Board Order.
Darlene Brinkley, representative of Flagship Association Management, stated that they
applied for a permit and is requesting additional time.
Officer Alexander stated that staff would support the respondent's request for additional
time due to the fact that they are making an attempt to resolve the issue.
Motion by Mr. Godfrey, seconded by Mr. Viens, to grant an extension until June 21, 2007.
Vote on the motion carried unanimously.
2. Case No. 06-00084 — Violation of Section 110-551, Location of Recreational
Vehicles, Camping Equipment, Boats & Boat Trailers, of the Cape Canaveral
Code of Ordinances, (310 W. Central Blvd.)—Gilbert L. Patton, Jr., 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
respondent is non-compliance with the Board Order. Officer Alexander stated that Bob
Jolin (known as Bicycle Bob)was on the property during several site inspections.
Craig Stewart explained that he has been working with Mr. Jolin and has filed the
necessary paperwork to obtain his military benefits. Mr. Stewart stated that he is waiting
for a record of service and it is a matter of time before Mr. Jolin will be able to be
relocated.
Motion by Mr. Viens, seconded by Mr. Godfrey, to grant an extension until May 17, 2007.
Vote on the motion carried unanimously.
3. Case No. 06-00085 — Violation of Section 82-12, Unsafe Building or Systems;
Section 82-221. International Property Maintenance Code (IPMC) Adopted: IPMC
Section 108.1.1. Unsafe Structures. of the Cape Canaveral Code of Ordinances,
(7554 Magnolia Ave.)—TRSTE. LLC: do Joseph E. Seagle. R.A.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
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Code Enforcement Board
Meeting Minutes
April 19, 2007
Page 3
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4. Case No. 06-00121 — Violation of Section 82-221, International Property
Maintenance Code Adopted; Section 602.1, Facilities Required; Section 602.21
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 testified that the respondent has made all
the required repairs. However, an approved final inspection has not been obtained for
the air conditioning unit. Officer Alexander requested that the Board grant an extension
until April 30, 2007.
Motion by Mr. Viens, seconded by Ms. Hartley, to accept staffs recommendation and
grant an extension until April 30, 2007. Vote on the motion carried unanimously.
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3 PUBLIC HEARINGS:
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i 1. Case No. 06-00059—Violation of Section 82-221, International Property
Maintenance Code (IPMC)Adopted; IPMC Section 108.1, General; IPMC Section
1 108.1.1, 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 requested that the Case be postponed until
May 17, 2007 due to the fact that proof of proper notification had not been received.
Motion by Mr. Godfrey, seconded by Mr. Viens, to postpone the Case until May 17, 2007.
Vote on the motion carried unanimously.
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; IPMC Section 303.11. Stairways. Decks, Porches &
Balconies, of the Cape Canaveral Code of Ordinances, (7908 Ridgewood Ave.)
Marsha K. & Kent C. Howe, 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 balcony
is unsafe and that it has been posted as such. Officer Alexander stated that the
respondent must obtain the required permit and inspections.
Marsha Howe, property owner, testified that an Engineer that was helping her with the
balcony decided, after eight weeks, that he did not want to do the job. Ms. Howe stated
that she has another Engineer that has inspected the balcony and will provide a sealed
drawing to reinforce and repair the balcony. Ms. Howe requested additional time to
obtain a contractor, the permit, and the required inspections.
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Code Enforcement Board
Meeting Minutes
April 19, 2007
Page 4
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Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways,
Decks, Porches & Balconies, of the International Property Maintenance Code, as adopted
by Section 82-221 of the City Code, and be given until May 17, 2007 or be fined $150.00
for the first day and $100.00 for everyday thereafter, until the respondent is found in
I compliance.
It was the consensus of the Board Members that the respondent would need more time.
Motion by Mr. Godfrey, seconded by Mr. Viens, to find the respondent in violation of
Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways,
Decks, Porches & Balconies, of the International Property Maintenance Code, as adopted
by Section 82-221 of the City Code, and be given until June 21, 2007 or be fined $150.00
for the first day and $100.00 for everyday thereafter. Vote on the motion carried
unanimously.
3. Case No. 06-00067—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. (8758 Palm Way.)— Lousie M.
Blanchet, Property Owner.
Code Enforcement Officer, Duree Alexander, withdrew the Case from the agenda.
4. Case No. 06-00080—Violation of Section 34-97. Duties & Responsibilities for
Maintenance; Section 34-96, Standards Established; Section 34-122, Public
Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances. (210
Harbor Dr.)— Elizabeth a. Francis, Trustee.
Code Enforcement Officer, Duree Alexander requested that the Case be postponed until
May 17, 2007 due to the fact that proof of proper notification had not been received.
Motion by Mr. Stewart, seconded by Mr. Hale, to postpone the Case until May 17, 2007.
Vote on the motion carried unanimously.
5. Case No. 06-00102—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. (321 Washington Ave.)— Dale G. &
Carol M. Allenbaugh. 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 failed to obtain the required final inspection and the permit has expired.
Officer Alexander further stated that a new permit is required including the final
inspection.
Officer Alexander respectfully requested that the Board find the respondent in violation of
Section 104.1.1, and Section 105.4, Permits & Inspections, of the Florida Building Code,
as adopted by Section 82-31 of the City Code, and be given until May 17, 2007 or be
fined $100.00 for the first day and $75.00 for everyday thereafter, until the respondent is
found in compliance.
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Meeting Minutes
April 19, 2007
Page 5
Mr. Stewart stated that, in his opinion, it does not seem right to go after the homeowner
1 because the contractor failed to call for a final inspection. Mr. Stewart questioned
whether another contractor could pull a permit and call in the inspection.
Mr. Godfrey replied that it is difficult because another roofing contractor would not want
the responsibility for the roof. Discussion followed among the Board regarding holding
the contractor responsible. Attorney Latorre stated that she would research the City
Code.
Motion by Mr. Viens, seconded by Mr. Stewart, to postpone this Case until the next
meeting date (May 17, 2007). Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:35 P.M.
Approved on this /7 day of 767, , 2007.
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,d's 'e___ 'ary Russe , Chairperson
Joy Lombardi, Board Secretary