HomeMy WebLinkAboutCEB MINUTES 06-21-12CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JUNE 21, 2012
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on June 21, 2012, in the Cape Canaveral Public Library Meeting Room at 201 Polk
Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called
the roll.
MEMBERS PRESENT
Mary Russell
Raymond Viens
James Hale
Karen Hartley
Walter Godfrey
Lynn Mars
Ralph Lotspeich
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Kate Latorre
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on July 19, 2012.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: May 17, 2012.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of May 17, 2012,
as written. Vote on the motion carried unanimously.
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Meeting Minutes
June 21'2012
Page 2
COMPLIANCE HEARINGS:
Case No. 11-00011 - Violation of Section 105.1, Permit Required; Section 109.1,
Inspections General: Section R303.8, Required Heating; Section R305.1(3), Minimum
Height; Section R309.1, Operating Protection; Section R311.4.1, Exit Door Required;
Section R311.4.2, Door Type and Size; Section R317.1, Two-FamilV Dwellings; Section
R312.1, Guards; Section R502.1.3.3, Alterations to Trusses; Section R311.5.6.1,
Handrail Height; Section R311.5.6.2, Continuity; Section R311.5.6.3, Handrail Grip Size,
of the Florida Building Code, as adopted bV Section 82-31, of the City of Cape
Canaveral Code of Ordinances; Section 110-13(A), Mounting, of the National Electrical
Code; and Section 78-121, Established; and Section 110-292, Principal Uses and
Structures, of the CitV of Cape Canaveral Code of Ordinances, (360 Monroe Ave.) —
Christopher Robin Kirby & Marcheta Kirby Kern, ETAL.
Code Enforcement Officer, [)ur8e Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that 8permit was obtained
and the UOntn8CLOr has made substantial pr0gnB8S on reaching COnnp|i8nC8. Officer Alexander
stated that the inspection for the truss repairs was approved and the Dn8| inspection vv0u|d be
performed within 8 few weeks.
Officer Alexander stated that she received 8 written request from the R8SpODdeDi asking for
additional time i0bring the property into compliance.
Officer Alexander respectfully requested that the Board find the R8Sp0Dd8Dt in non-compliance
Of Section 105.1, Permit Required; Section 109.1, Inspections General; Section R303.8`
Required Heating; Section R305.1/3\. Minimum Height; Section F<309.1' Operating Protection;
S8Cd0n R311.4.1, Exit Door Required; Section R311.4.2, Door Type and Size; Section R317.1'
Two -Family Dwellings; Section N312.1' Guards; Section R502.1.3.3' Alterations to Trusses;
GeCdOD R311.5.8.1, Handrail Height; GHCtiOD R311.5.0.2, Continuity; SeCb0O R311.5.6.3,
Handrail Grip Size' of the Florida Building Code, as adopted by Section 82-31, of the City of
Cape Canaveral Code of Ordinances; Section 110-13/A\' Mounting, of the NaUOD@| E|HCtriCG|
Code; and Section 78-121, Established; and Section 110-292' Principal Uses and Structures, of
the City OfCape Canaveral Code of Ordinances, and be given until July 19` 2012 to come into
nOD0p|i8DCe or impose a fine in the 8DlUVDt of two hundred fifty dollars (%250.00) per day uOU|
found in compliance.
K4OtiOD by Mr. Godfrey, seconded by Mr. VieOS, tOaccept staff's recommendation and find the
Respondent inviolation and be given until July 10. 2012 to come into compliance 0rimpose 8
fine inthe amount Oftwo hundred fifty dollars ($25O.0O) per day until found incompliance. Vote
On the rnOUVn carried unanimously.
2. Case No. 12-00006 — Violation of Section 301.3, Vacant Structures and Land; Section
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Meeting Minutes
June 21.2O12
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Ordinances; and Section 34-96(d), Standards Established, of the City of Cape Canaveral
Code of Ordinances; and Section 301.1, General, of the Standard Unsafe Building
Abatement Code (1985 Edition), (7521 Magnolia Ave.) — Lenny Cassanelli, Propert
Code Enforcement Officer, DU[ee Alexander, provided an overview of the C8S8 history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for the
condition of the 8trUCfUn8. Officer Alexander stated that Staff has met with the property owner
and the contractor to discuss the Code Enforcement issues. Officer Alexander further stated
that a permit application had been submitted and the plans are currently under review.
Officer Alexander reSDeC1fu|k/ requested that the Board find the Respondent in nOD-CODlp|ign08
of Section 301.3' Vacant Structures and Land; Section 302.3, Sidewalks and Dhv8vv3yS;
Section 303.4. Structural Members; Section 309.6. Exterior VVaUS; Section 303.7. F{Oofo and
Drainage; Section 303.10` Stair and VV8/kiDg Surfaces; Section 303.14, Window, Skylight and
Door Frames; Section 303.16, [}00rS; Section 304.3' Interior Surfaces, 0fthe Ofthe International
Property yN8in1enonma Code (1998 edition), as adopted by Section 82-221' of the City of Cape
Canaveral Code Of []ndinono8D; and Section 34-00/d\' Standards Established, of the City of
Cope Canaveral Code Of Ordinances; and 8BCtiOD 301.1' General, of the Standard Unsafe
Building Abatement Code /1985 Edition), and give the Respondent until September 20, 2012 to
come into compliance Orimpose afine iOthe amount 0ftwo hundred and fifty dollars (%250.00)
for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning on
May 17,2O12until found iDcompliance.
Motion by Mr. ViSDS` seconded by Mr. Godfrey' tOaccept Staff's recommendation and find the
respondent in violation and be given until September 20, 2012 to COOne into CO0p|i8nC8 or
impose a fine in the 8DlOuOt of two hundred fifty d0||G[s ($25O.O0) for the first day and one
hundred dO||@n8 ($100.00) per day thereafter retroactively beginning OD May 17, 2012, until
found incompliance. Vote Onthe motion carried unanimously.
PUBLIC HEARINGS:
Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the
City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established;
Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with
Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and
Structures; Section 110-296, Area and Dimension; Section 110-468, Accessory
Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b),
Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida
Fire Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code
of Ordinances, (350 Monroe Ave. Unit 5) — Antonio Romano, Property Owner.
Code Enforcement Officer, [}uree Alexander, provided an overview ofthe Case history and
presented exhibits for the Board's review. Officer Alexander testified that the ViO|obVn is for the
condition of the structure. Officer Alexander explained that the Respondent, Mr. Q0m8OO.
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K4[ Rorn8Oo' property owner, testified that he has hired a contractor and is working On 330
K8OD[O8 Avenue; fOUOvvng the completion of the repairs OD 330 Monroe Ave., he will begin work
On 350 Monroe Avenue. Mr. Romano stated that he has submitted the plans for the repairs to
350 yWOnnDe Avenue to the City for review. Mr. Romano explained that he would need more
time to complete the work. Mr. Romano further stated that no one is living there.
Officer Alexander respectfully requested that the Board find the Respondent in violation Of
Section 105.1' F/er[Oi1 Required; Section 109.1. Inspections G8O8na|, of the Florida Building
Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section
34-96(d)' Standards Established; Section 34-98/0\ Building Appearance and Maintenance;
Section 78-27. Connection with Sewer Required; Section 78-128. Change ofUse; Section 110-
292, Principal Uses and Structures; Section 110-296. Area and Dimension; Section 110-468.
Accessory Structure; Section 110-401' Number OfSpaces Required; Section 110-551/8\(2)/b\,
Location of R8onaeUona| Vehicles; and Section 31.3.4.5.1' Smoke A|8r0S' Of the Florida Fire
Prevention Code as adopted by Section 38-26' of the City of Cope Canaveral Code of
Ordinances, and give the Respondent UDU| September 20, 2012 to CO08 into compliance or
impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one
hundred dollars ($100.00) per day thereafter retroactively beginning OD June 21. 2012 uDb|
found incompliance.
K4Oti0D by K4r.VienS' seconded by KU[ Godfrey, to accept Staff's recoDlOOHDd8tiOO and find the
respondent in violation and be given until September 20, 2012 to CODle into compliance or
impose afin8 in the amount of one hundred fifty dO||8[S /$15O.00\for the first day and one
hundred d0||8rS /$100.00\ per day thereafter retroactively beginning VO June 21' 2012. uDU|
found iOcompliance. Vote onthe motion carried unanimously.
2. Case No. 12-00012 - Violation of Section 303.1, General: Section 303.4, Structural
K4 -embers; Section 303.7, Roofs and Drainage, of the International Property Maintenance
Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code
of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. Nagel, Property Owner.
Code EOfDK:8nnent Officer, C)ure8 Alexander, provided an overview of the C8S8 history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for the
condition Of the roof. Officer Alexander stated that, fO||Ovving 8 Notice of Vi0|8tiOD' the
Respondent obtained mre-roof permit for the repairs. Officer Alexander further stated that, after
e few nnOnthS. 8 tenant C8||ed and reported that the vvO[k had stopped with only 8 portion of the
repairs completed. Officer Alexander explained that the permit is sd|| current.
Officer Alexander respectfully requested that the Board find the Respondent in violation Of
88CUOn 303.1, General; Section 303.4' Structural Members; SeCdDD 303.7. F{OOfB and
Drainage, Ofthe International Property Maintenance Code (189OBdiUVn)'osadopted bySection
82-221. of the City of Cape Canaveral Code Of Ordinances, and give the Respondent uDU|
September 20, 2012 to CODl8 into COnlp|i@nc8 Or impose 8 fine in the 80VUn[ of one hundred
and fifty dO||8rS ($150.00)for the first day and Seventy-five dO||8rS ($75.00) per day thereafter
retroactively beginning OnJune 21.2O12until found incompliance.
Code Enforcement Board
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June 21.2O12
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Motion by Mr. Godfrey, seconded by Mr. Viens'toaccept Staff's recommendation and find the
respondent in violation and be given until September 20, 2012 to CVm8 into compliance or
impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-
fivedOU8rS /$75.00\ per day thereafter retroactively beginning OD June 21' 2012' UnU| found in
compliance. Vote 0nthe motion carried unanimously.
3. Citation No. 0044 — Violation of Section 82-375, Construction Contractinq Regulation
Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes
Section 489.132(l), Prohibited Acts by Unlicensed Principals, (405 Adams Ave. Unit 5) —
Code Enforcement {]ffiCe[ [}uree/\kex8nd8r, provided an overview of the Citation history and
presented exhibits for the Board's review. Officer Alexander testified that the ViO|8U0D is for
work vviihnUi the required permit. Officer Alexander stated that Staff received @ o@|| that an air
conditioning unit was being installed without a permit. Officer Alexander issued a Citation for
vv0[k without 8 permit. Officer Alexander received 8 request from the property owner for 8n
Administrative Hearing tOappeal the issuance Vfthe Citation.
M[ James U8en, Property {]vvOGr, testified that his elderly [n0thepin-|3vV was without @i[
conditioning when the old system quit working and hewas not aware that 8permit was required
to iDSt8U a new a/c unit. Mr. Deen stated that he has hired @ contractor and obtained 8 permit.
He explained that h8will call for the final inspection when the work iScompleted.
Officer Alexander respectfully n8qU8StHd that the EN8Fd find the Respondent in violation Of
Section 82-375, Construction Contracting RHOu|8tiOD Violation, of the City OfCape Canaveral
Code of Ordinances; and Florida Statutes 88Cti0D 489.132(1). Prohibited AC[S by UD|iC8D8Hd
Principals, and impose a fine in the amount of five hundred dollars ($500.00).
Motion by Mr. \iens'seconded by Mr. Lotspeich'to accept Staff's recommendation and find the
respondent in violation and impose a fine in the GrnVurd of five hundred dOU8rS /$500.00>. Vote
ODthe motion carried unanimously.
There being no further business the meeting adjourned at 6:45 P.M.
Approved on this �'—day of 2012.
Mary Ru*ll, Chairperson
Jdylombardi, Board Secretary