HomeMy WebLinkAboutCEB Minutes 12-11-12CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
DECEMBER 11, 2012
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on December 11, 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
Ralph Lotspeich
MEMBERS ABSENT
Walter Godfrey
Karen Hartley
Lynn Mars
OTHERS PRESENT
Chairperson
Vice - Chairperson
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Kate Latorre Assistant City Attorney
Glenn Pereno Building Official
The Board members established that the next meeting would be held on January 17, 2013.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: October 18, 2012.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of October 18,
2012, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
December 11, 2012
Page 2
PUBLIC HEARINGS:
Case No. 10 -00140 — Violation of Section 108. 1, Unsafe Structures and Equipment;
Section 108.1.3, Structure Unfit for Human Occupancy; Section 303. 1, General; Section
303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11,
Stairways, Decks, Porches and Balconies: Section 304.1, General; Section 304.2,
Structural Members, of the International Property Maintenance Code (1998 edition), as
adopted by Section 82 -221, of the City of Cape Canaveral Code of Ordinances, (8713
Hibiscus Ct.) — Eleanor E. Nelson Estate, 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 violation is for the
condition of the structure. Officer Alexander explained that the roof is leaking water inside the
unit that is causing extensive damage and black mold.
Officer Alexander stated that this Case was heard by the Code Enforcement Board on May 19,
2011 and there is a Board Order imposing a fine in the amount of one hundred dollars ($100.00)
per day; however, due to the fact that a neighboring property is being adversely affected, she
requested that the fine be increased to two hundred and fifty dollars ($250.00) per day.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 108.1, Unsafe Structures and Equipment; Section 108.1.3, Structure Unfit for Human
Occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs
and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1,
General; Section 304.2, Structural Members, of the International Property Maintenance Code
(1998 edition), as adopted by Section 82 -221, of the City of Cape Canaveral Code of
Ordinances, and amend the Board Order to increase the amount of the fine to two hundred fifty
dollars ($250.00) per day, until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in violation and amend the Board Order to increase the amount of the fine to two
hundred fifty dollars ($250.00) per day, until found in compliance. Vote on the motion carried
unanimously.
2. Case No. 12 -00060 — Violation of Section 94- 76(4)(7), Temporary On- Premises Signs,
of the City of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens
Unit 2, Lot 16, Blk 3, Plat Book 0017, Page 0081; Parcel Id: 24-37-14-51-00003.0 -
0016.00) —Charles Pindziak, 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
height of signs on the residential property.
Officer Alexander stated that she would present the next four Cases and give the Respondent a
chance to testify before giving Staff's recommendation.
Code Enforcement Board
Meeting Minutes
December 11, 2012
Page 3
3. Case No. 12 -00061 — Violation of Section 94- 76(4)(7), Temporary On- Premises Signs,
of the City of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens
Unit 2, N 110 Ft of Lot 8 Ex W 25 Ft, Blk 8, Plat Book 0017, Page 0081; Parcel Id: 24-
37-14-51- 00008.0- 0008.01) — Charles W. & Helen Chapman Pindziak, 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
height of signs on the residential property.
4. Case No. 12 -00062 — Violation of Section 94- 76(4)(7), Temporary On- Premises Signs,
of the City of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens
Unit 2, All Lot 7 & W 25 Ft of Lot 8, Blk 8 Pars 7.01, 7.02 & 7.03, Plat Book 0017, Page
0081: Parcel Id: 24- 37- 14 -51- 00008.0- 0007.00) — Charles W. & Helen Chapman
Pindziak, Property Owners.
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
height of signs on the residential property.
5. Case No. 12 -00063 — Violation of Section 94- 76(4)(7), Temporary On- Premises Signs,
of the City of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens
Unit 2, Lot 11 Ex S 75 Ft & W 10 Ft, Blk 7, Plat Book 0017, Page 0081; Parcel Id: 24-
37-14-51- 00007.0- 0011.00) — Charles W. & Helen Chapmen Pindziak, 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
height of signs on the residential property.
6. Case No. 12 -00064 — Violation of Section 94- 76(4)(7), Temporary On- Premises Signs,
of the City of Cape Canaveral Code of Ordinances, (Cape Canaveral Beach Gardens
Unit 2, E 50 Ft of Lot 19 Ex N 76 Ft & W 50 Ft of Lot 20 Ex N 76 Ft, Blk 9, Plat Book
0017, Page 0081; Parcel Id: 24- 37- 14 -51- 00009.9- 0019.02) — Charles W. & Helen
Chapmen Pindziak, 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
height of signs on the residential property.
Charles Pindziak, Property Owner, testified that the City has cited him for having more than
three no trespassing signs on his property and for the height of the signs. Dr. Pindziak stated
that he has a right to protect his land.
Dr. Pindziak read into record; Florida Statutes Chapter 810.011(5) "Posted land" is that land
upon which; signs are placed not more than 500 feet apart along, and at each corner of, the
boundaries of the land, upon which signs there appears prominently, in letters of not less than 2
inches in height, the words "no trespassing" and in addition thereto the name of the owner,
lessee, or occupant of said land. Said signs shall be placed along the boundary line of posted
land in a manner and in such position as to be clearly noticeable from outside the boundary.
Code Enforcement Board
Meeting Minutes
December 11, 2012
Page 4
Dr. Pindziak explained that, earlier in the year, he met with Sargent Picus from the Brevard
County Sheriff's Department who instructed him as to how the property was to be legally posted
in order for the Sheriff's Department to arrest any trespassers. Dr. Pindziak stated that a sign
posted at each corner is at least four signs and the City's Code limits property owners to three
signs. Dr. Pindziak further stated that he has been cited for having signs that exceed four feet
in height; however, if the signs were four feet high they would not be visible because of a six
foot fence or wall and therefore would not be legally posted. He explained that when he had the
signs at about four in height, people would take them down. After he increased the height, he
has not had any signs removed, allowing him to legally post his property.
Dr. Pindziak testified that the City Code prevents him from legally posing his property according
to the Florida Statutes. He further explained that there are twelve exemptions to the City Code
and believes the City could add one more exemption regarding `No Trespassing' signs.
Dr. Pindziak stated that the signs are accomplishing what he need at this time.
The following Staff Recommendation and Motion are for Case No. 12- 00060, Case No. 12-
00061, Case No. 12- 00062, Case No. 12- 00063, and Case No. 12 -0064:
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 94- 76(4)(7), Temporary On- Premises Signs, 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 seventy -five ($75.00) for the first day and fifty dollars ($50.00) per day thereafter
until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, 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 seventy -five dollars ($75.00) for the first day and fifty dollars
($50.00) per day thereafter, until found in compliance. Vote on the motion carried unanimously.
7. Case No. 12 -00071 — Violation of Section 108.1, Unsafe Structures and Equipment;
Section 108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section
303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11,
Stairways, Decks, Porches and Balconies; Section 304.1, General; Section 304.2,
Structural Members, of the International Property Maintenance Code (1998 edition), as
adopted by Section 82 -221, of the City of Cape Canaveral Code of Ordinances, (8771
Cocoa Ct.) — Wells Fargo Bank, N.A., c/o Andrew Hohensee.
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 an
unsafe structure. Officer Alexander stated that there are numerous violations and the property
was posted Unsafe on September 14, 2012. Officer Alexander further stated that, during a site
visit, she witnessed standing water on the floor inside the unit. She explained that the water
was pouring into the unit and the walls and ceiling were covered with black mold. Officer
Alexander stated that there is evidence that the adjoining property owner is being adversely
affected.
Code Enforcement Board
Meeting Minutes
December 11, 2012
Page 5
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 108.1, Unsafe Structures and Equipment; Section 108.1.3, Structure Unfit for Human
Occupancy; Section 303.1, General; Section 303.4, Structural Members; Section 303.7, Roofs
and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1,
General; Section 304.2, Structural Members, of the International Property Maintenance Code
(1998 edition), as adopted by Section 82 -221, of the City of Cape Canaveral Code of
Ordinances, and impose a fine in the amount of the fine to two hundred fifty dollars ($250.00)
per day, until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in violation and impose a fine in the amount of two hundred fifty dollars ($250.00)
per day, until found in compliance. Vote on the motion carried unanimously.
8. Case No. 12 -00083 — Violation of Section 303.1, General; Section 303.4, Structural
Members; Section 303.6, Exterior Walls; 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, (8200 Canaveral Blvd., Unit 2D) —
John M. & Carol A Norton, Property Owners.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that violation is for the
condition of the property. Officer Alexander stated that the property was in foreclosure;
therefore she contacted the bank and received a ticket number; however she has not had any
further contact. Numerous site visits reveled water damage to unit 2D and to the adjoining unit.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 303.1, General; Section 303.4, Structural Members; Section 303.6, Exterior Walls;
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
impose a fine in the amount of two hundred fifty dollars ($250.00) for the first day and one
hundred dollars ($100.00) per day thereafter, until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in violation and impose a fine in the amount of two hundred fifty dollars ($250.00) for
the first day and one hundred dollars ($100.00) per day thereafter, until found in compliance.
Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the etng adjourned at 6:53 P.M.
Approved on this day of 2013.
Mary R sell, Chairperson
Jo Lombardi, Board Secretary