HomeMy WebLinkAboutCEB MINUTES 09-20-12CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
SEPTEMBER 20, 2012
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on September 20, 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
James Hale
Ralph Lotspeich
Lynn Mars
MEMBERS ABSENT
Walter Godfrey
Raymond Viens
Karen Hartley
OTHERSPRESENT
Duree Alexander
Joy Lombardi
Kate Latorre
Todd Morley
Glenn Pereno
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Assistant City Attorney
Building Official
Plans Examiner/Building Inspector
The Board members established that the next meeting would be held on October 18, 2012.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: July 19, 2012.
Motion by Mr. Hale, seconded by Mr. Lotspeich, to approve the meeting minutes of July 19,
2012, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 2
COMPLIANCE HEARINGS:
1. 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 Cit o� f Cape Canaveral Code of
Ordinances, (350 Monroe Ave.) — Antonio Romano, 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 the
condition of the structures. Officer Alexander stated that the Respondent has obtained a permit
for renovations and is working toward compliance.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
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, and be given until January 17, 2013 to come 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 on June 21, 2012.
Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in non-compliance and be given until January 17, 2013 to come into compliance or
impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and one
hundred dollars ($100.00) per day thereafter retroactively beginning on June 21, 2012, until
found in compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 3
2. Case No. 12-00006 — Violation of Section 301.3, Vacant Structures and Land: Section
302.3, Sidewalks and Driveways; Section 303.4, Structural Members; Section 303.6,
Exterior Walls; Section 303.7, Roofs and Drainage; Section 303.10, Stair and Walking
Surfaces; Section 303.14, Window, Skylight and Door Frames; Section 303.16, Doors;
Section 304.3, Interior Surfaces, of the of the International Property Maintenance Code
(1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of
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 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
work without a permit and an approved final inspection. Officer Alexander explained that,
following a complaint, an investigation revealed there was work being done without a permit.
She stated that the property was posted with a Stop Work Order.
Lenny Cassanelli, Property Owner, testified that after he purchased the property he paid off the
existing liens and worked to bring the property into compliance. Mr. Cassanelli stated that he
hired a contractor and submitted a permit application; however, the plans were denied. He
explained that he was forced into unnecessary repairs when the building code changed requiring
him to install a sprinkler system and bring the building up to code. Mr. Cassanelli further stated
that the structure is secure and the broken doors and windows have been boarded up.
Mr. Cassanelli requested that the Board grant him additional time for repairs or to sell the
property. Additionally, he asked the Board not to file the lien on the property stating that it
would be a financial burden he could not afford.
Officer Alexander respectfully requested that the Board find the Respondent non-compliance of
Section 301.3, Vacant Structures and Land; Section 302.3, Sidewalks and Driveways; Section
303.4, Structural Members; Section 303.6, Exterior Walls; Section 303.7, Roofs and Drainage;
Section 303.10, Stair and Walking Surfaces; Section 303.14, Window, Skylight and Door
Frames; Section 303.16, Doors; Section 304.3, Interior Surfaces, of the of the International
Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape
Canaveral Code of 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), and impose a fine in the amount of two hundred and fifty
dollars ($250.00) for the first day and one hundred dollars ($100.00) per day thereafter
retroactively beginning on May 17, 2012 until found in compliance.
Discussion followed regarding additional time; however the Board was not convinced that one
month would be sufficient time for him to come into compliance.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 4
Mr. Cassanelli stated that additional time might give him the opportunity to sell the property.
Motion by Mr. Lotspeich, seconded by Mr. Hale, to find the respondent in non-compliance and
be given until January 17, 2013 to come into compliance or impose a fine in the amount of two
hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day
thereafter retroactively beginning on May 17, 2012 until found in compliance with the condition
that the Respondent maintain the exterior of the property. Vote on the motion carried
unanimously.
3. Case No. 12-00012 - Violation of Section 303.1 General; Section 303 .4, Structural
Members; Section 303.7, Roofs and Drainage, of the International Property Maintenance
Code (1998 edition), as adopted by Section 82-221, of the Cit of f Cape Canaveral Code
of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. Nagel,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 the
condition of the roof. Officer Alexander stated that, following a Notice of Violation, the
Respondent obtained a re -roof permit for the repairs. Officer Alexander further stated that, after
a few months, a tenant called and reported that the work had stopped with only a portion of the
repairs completed. Officer Alexander explained that the permit will expire in four days.
Officer Alexander presented a letter from the Respondent to the Board that requested additional
time to come into compliance.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
of Section 303.1, General; Section 303.4, Structural Members; 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, and give the Respondent until
October 18, 2012 to come into compliance or impose a fine in the amount of one hundred and
fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter
retroactively beginning on June 21, 2012 until found in compliance.
Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept Staff s recommendation and find the
respondent in non-compliance and be given until October 18, 2012 to come into compliance or
impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-
five dollars ($75.00) per day thereafter retroactively beginning on June 21, 2012, until found in
compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 5
PUBLIC HEARINGS:
1. Case No. 12-00028 - Violation of Section 105.1, Permit Required; Section 110.1
Inspections General, of the Florida Building Code as adopted by Section 82-31 of the
City of Cape Canaveral Code of Ordinances; Section 303.14 Window Skylight & Door
Frame; Section 304.3, Interior Surfaces, of the International Property Maintenance Code
(1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances, (230 Columbia Dr., Unit 318) — William M. & Marion D. Powell 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
work without a permit and the condition of the structure. Officer Alexander explained that,
following a complaint, an investigation revealed that a window was installed without a permit
and that there was water damage to the units below. She further explained that the Respondent
hired a contractor to obtain a permit to replace the window.
William Powell, property owner, testified he did replace the window without a permit; however,
following the Notice of Violation, he stated that he hired a contractor for work and is requesting
additional time to comply.
Tom Parker, Contractor, testified that, after they obtained the permit, he ordered the window and
it will be here in a few weeks and they will get the window installed. Mr. Parker stated that there
was no water damage in the Respondents unit and was not sure that the water damage was from
Mr. Powell's unit. Mr. Parker assured the Board that the window will be installed properly.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 105. 1, Permit Required; Section 110.1, Inspections General, of the Florida Building
Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section
303.14, Window, Skylight & Door Frame; Section 304.3, Interior Surfaces, of the International
Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape
Canaveral Code of Ordinances, and be given until October 18, 2012 to come into compliance or
impose a fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-
five dollars ($75.00) per day thereafter retroactively beginning on September 20, 2012, until
found in compliance.
Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in violation and be given until October 18, 2012 to come into compliance or impose a
fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-five
dollars ($75.00) per day thereafter retroactively beginning on September 20, 2012, until found in
compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 6
2. Case No. 12-00055 - Violation of Section 105.1, Permit Required; Section 110.1
Inspections General, of the Florida Building Code, as adopted by Section 82-31 of the
City of Cape Canaveral Code of Ordinances, (8406 Canaveral Blvd.) — Carol J.
Williams, 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
work without a permit. Officer Alexander explained that, following a complaint, an
investigation revealed that a window was being installed without a permit and that it appeared
that the unit was being remolded. She stated that a Stop Work Order was posted on the property.
Officer Alexander explained that a permit was applied for on September 12, 2012 for interior
renovations and is currently under review.
Carol Williams -Renshaw, property owner, testified that there was a leak in the bathroom that
damaged the kitchen cabinets. Ms. Williams -Renshaw stated that they removed the cabinets and
bathtub not realizing that a permit was required. She further stated that the bathroom window
frame was broken and did not realize a permit was required to replace the broken window. Ms.
Williams -Renshaw explained that, following the Code inspection, she hired a contractor and
applied for a permit for the renovations and window replacement. Ms. Williams -Renshaw
requested leniency from the Board for the $500.00 fine.
Officer Alexander explained that the five hundred dollar ($500.00) Citation is next item on the
agenda.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building
Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and be
given until January 17, 2013 to come into compliance or impose a fine in the amount of one
hundred fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day
thereafter retroactively beginning on September 20, 2012, until found in compliance.
Motion by Mr. Hale, seconded by Mr. Mars, to accept Staff's recommendation and find the
respondent in violation and be given until January 17, 2013 to come into compliance or impose a
fine in the amount of one hundred fifty dollars ($150.00) for the first day and seventy-five
dollars ($75.00) per day thereafter retroactively beginning on September 20, 2012, until found in
compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 7
3. Citation No. 0046 — Violation of Section 82-375, Construction Contracting Regulation
Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes
Section 489.132(1), Prohibited Acts by Unlicensed Principals (8406 Canaveral Blvd.) —
Leslie L. Renshaw.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that, following a report
that windows were being installed; an investigation revealed that a window was being installed
without a permit and the unit was being remolded. She stated that a Stop Work Order was
posted on the property and a five hundred dollar ($500.00) Citation was issued to Mr. Renshaw.
Mr. Renshaw, Respondent, testified that he was not aware that a permit was required to replace
the broken window or replace the kitchen cabinets. He stated that a permit was applied for on
September 12, 2012 for interior renovations and is currently under review.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0046.
Chairperson Russell asked the City Attorney if the Board had any recourse in their action
regarding the fine. Assistant City Attorney Latorre advised that there is a prevision where the
Board may dismiss the Citation if the Violation has been corrected.
Glenn Pereno, Plans Examiner/Building Inspector, stated that the Respondent has taken
immediate steps to correct the Violation by applying for the permit.
Motion by Mr. Lotspeich, seconded by Mr. Hale, to dismiss the Citation contingent upon the
Respondent receiving an approved final inspection by January 17, 2013. In the event that the
Respondent is not in compliance the Citation would be due. Vote on the motion carried
unanimously.
4. Citation No. 0048 — Violation of Section 82-375, Construction Contracting Regulation
Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes
Section 489.132(1) Prohibited Acts by Unlicensed Principals (7520 Ridgewood Ave
Unit 601) — Matthew G. Kehres.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that, following a
complaint, an investigation revealed that air conditioning units were installed without permits.
Officer Alexander stated that she issued Notice of Violations to each of the property owners and
the Respondent came forward to pint permits; at which time he was issued the Citations in the
amount of five hundred dollar ($500.00) per Citation.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 8
Matthew Kehres, Mechanical Contractor, testified that the units that were installed were after
hours during an emergency. Mr. Kehres stated that he should have obtained the permits but
didn't. He explained that he was wrong in installing the units without permits.
Officer Alexander explained that the Respondent is a contractor and was issued four separate
Citations at five hundred dollars ($500.00) each.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0048.
Motion by Chairperson Russell, seconded by Mr. Hale, to accept staff's recommendation and
impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0048.
Vote on the motion carried unanimously.
5. Citation No. 0050 — Violation of Section 82-375, Construction Contracting Regulation
Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes
Section 489.132(1), Prohibited Acts by Unlicensed Principals, (7520 Ridgewood Ave.
Unit 606) — Matthew G. Kehres.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0050.
Motion by Chairperson Russell, seconded by Mr. Hale, to accept staff's recommendation and
impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0050.
Vote on the motion carried unanimously.
6. Citation No. 0051 — Violation of Section 82-375, Construction Contracting Regulation
Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes
Section 489.1.32(1), Prohibited Acts by Unlicensed Principals, (7520 Ridgewood Ave.
Unit 507) — Matthew G. Kehres.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0051.
Motion by Chairperson Russell, seconded by Mr. Hale, to accept staff's recommendation and
impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0051.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 9
7. Citation No. 0052 — Violation of Section 82-375, Construction Contracting Regulation
Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes
Section 489.132(1), Prohibited Acts by Unlicensed Principals (7520 Ridgewood Ave.
Unit 108) — Matthew G. Kehres.
Officer Alexander respectfully requested that the Board find the Respondent in violation of work
without a permit and impose the five hundred dollar ($500.00) fine as stated in Citation #0052.
Motion by Chairperson Russell, seconded by Mr. Hale, to accept staff's recommendation and
impose the fine in the amount of five hundred dollars ($500.00) as stated in Citation #0052.
Vote on the motion carried unanimously.
8. Citation No. 0054 — Violation of Section 82-375, Construction Contracting Regulation
Violation, of the City of Cape Canaveral Code of Ordinances; and Florida Statutes
Section 489.132(1), Prohibited Acts by Unlicensed Principals (7400 Ridgewood Ave.
Unit 512) — Steve J. Hoskins.
Officer Alexander stated that the Respondent requested this item be placed on the October
Agenda.
OLD BUSINESS:
Case No. 11-00082 — Violation of Section 303.1, Exterior Structure; Section 303.11
Stairways, Decks, Porches, & Balconies; and Section 303.13 Handrails & Guards of the
of the International Property Maintenance Code (1998 edition) as adopted by Section 82-
221, of the City of Cape Canaveral Code of Ordinances, (417 Polk Ave.) — Mark & Kelly
Palace, Property Owners. (Application for Satisfaction or Release of Code Enforcement
Lien
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 was for
the condition of the balcony. Officer Alexander stated that a `Restricted Use' placard was posted
on the premise due to the poor condition of the balcony and the fact that all of the hand rails were
missing. The property was found in Violation and a lien was placed on the property January 19,
2012. Officer Alexander explained that the lien in the amount of nineteen thousand nine hundred
and fifty dollars ($19,950.00) was incurred by the previous owners. She further explained that
the new owners purchased the property, obtained the permit required for the repairs and brought
the property into compliance.
Kelly Palace, Property Owner, testified that they renovate foreclosed properties around Brevard
County for a living and always work with the Municipalities to obtain the required pen -nits for
the repairs. Ms. Palace stated that they have had many liens on various properties incurred from
prior owners and have had consideration from other Municipalities for the release of the liens
Code Enforcement Board
Meeting Minutes
September 20, 2012
Page 10
due to the fact that they are doing a great service for the communities to increase property values.
Ms. Palace requested that the Board recommend that the lien be released so they do not lose
money on the sale of the property; due to the fact that they did not incur the fine and that, upon
the purchase of the property, they immediately obtained a permit and completed the repairs.
Officer Alexander explained that Staff s consideration for the reduction of the lien included
attorney fees; the fact that Mr. & Mrs. Palace were not the cause of the violation; the length of
time to bring the property into compliance once they purchased the property; the minor blighting
effect on the surrounding properties; and the amount of Staff time involved in the enforcement of
the violations.
Officer Alexander respectfully requested that the Board recommend to the City Council the
reduction of the lien in the amount of nineteen thousand nine hundred and fifty dollars
($19.950.00) to two thousand one hundred dollars ($2,100.00).
Motion by Mr. Lotspeich, seconded by Mr. Hale, to recommend that Council release the lien in
full. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 7:54 P.M.
Approved on this day of/1%- 2012.
Mary Rus 1, Chairperson
Joy Lombardi, Board Secretary