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Home My WebLink AboutCEB MINUTES 02-21-13CITY (]FCAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES FEBRUARY 21.2O13 6:00 PM ARegular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held OO February 21, 2013' in the Cape Canaveral Public Library Meeting Room 8t201 P0|h Avenue, Cape Canaveral, Florida. Chairperson Mary RUSSeU called the 0e81Og to order at 0:10 PM. The Board Secretary C8U8d the roll. gmmymwagag Mary Russell RavnnOndVienS James Hale Lynn Mars Walter Godfrey Ralph LnispeiCh OTHERS PRESENT Chairperson [)Vr8eAlexaDdSr Code Enforcement Officer Brian Palmer Code Enforcement Officer Joy Lombardi Board Secretary Kate L8tVrre Assistant City Attorney G|8DD P8FRnO Building C>f5Ci8| The Board members established that the next meeting would b8held OnMarch 21,2O18. /\SGiSLaOt City Attorney L8tO[re SvvVnB in all pe[3OOS giving testimony. NEW BUSINESS: 1 . Approval of Meeting Minutes: January 17, 2013. Motion by Mr. VienS, seconded by Mr. Hale, to approve the meeting minutes of January 17' 2013, as written. \/oha on the nlOUOn C@ni8d uD8OiDl0US|y. Code Enforcement Board Meeting Minutes February 21.2O13 Page PUBLIC HEARINGS: Case No. 12-00043 - 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, (200 International Dr., Unit 311) — Vincent M. Cubero, Jr., Property Owner. Code EDfo[CHno8Dt OffiC0r, OUree Alexander, testified that this Case is in 0ornp|i@nC8. 2. Case No. 12-00078 — 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, (7077 N. Atlantic Ave.) — 770 Acres, ILLC Code Enforcement Officer, OUr88Alex8Dder, provided an overview Ofthe Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation iGfor the work without 8 permit. Officer Alexander Stsbad that, fO(|0vVinA 8 CDnnp|aiDt regarding construction activity, 8 site visit revealed demolition activity; and the pFOp8dv was posted with 8 Stop Work Order. Acontractor obtained a demolition permit; however, no inspections have been CG||8d in. Officer Alexander further stated that interior renovation work continued and the property was posted with another Stop Work Order. Glenn P8[enO. Building Official, stated that the building p|8DS are under review with the fire department and building department. Officer Alexander r8Sp8CffU||y requested that the Board find the Respondent in viO|GUOn of Section 105.1, Permit Required; Section 110.1' Inspections Gan8n8|. Of the Florida Building {}nde' as adopted by Section 82-31' of the City Of Cape Canaveral Code Of [}rdinanoe8, and impose 8 fine in the GnlVUnt of two hundred and fifty dO||8[S ($250.00) per day until found in compliance. Motion by Mr. VieOS, seconded by Mr. Hale, to accept Staff's nBCOnlDl8Dd8dOn and find the [SSpOOdeDt in violation and impose a fine in the 8nlOUnt Of two hundred and fifty dO||8rS /$250.0O\per day until found incompliance. Vote Vnthe motion carried unanimously. 3. Case No. 12-00090 - 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, (280 Monroe Ave.) — Ronald H. & Christine T. Lero, Property Owner. Code Enforcement Officer, OUree Alexander, provided an overview ofthe C8S8 history and presented exhibits for the Board's review. Officer Alexander testified that the vi0|8UOn is for vvOrh without 8 permit. Officer Alexander stated that, following 8 C000p|8iOt regarding Q}DSt[uCtiOn 3Ciivitv, 8 site visit n8ve@|8d interior renovations; and the property was posted with 8Stop Work Order. Ronald L8ro' property OvvDe[, testified that he is in the pPOQeSS Of selling the property to Don Code Enforcement Board Meeting Minutes February 21'2013 Page []0n Sargent, tenant, testified that he takes full responsibly for the work. M[ Sargent stated that he changed 8 broker window and an old sliding g|8SS door that had been broken into. Mr. Sargent further stated that it was for security reasons that he started the renovations. M[. Sargent explained that he is working to have 8 contractor to obtain @ permit. Officer A|8x8Ud8[ respectfully requested that the Board find the Respondent in violation of Section 105.1. Permit Required; Section 110.1. (napeoUOnS General, of the Florida Building Code, as adopted by Section 82-31' of the City of Cape Canaveral Code Of Ordinances, and give the Respondent until April 18, 2013 to come into compliance or impose @ fine in the amount 0ftwo hundred and fifty dollars /$25O.0O\for the first day and one hundred dollars /$1OO.O0\per day ihen8aft8[ until found in compliance. Glenn PGnSno' Building {]ffiCi8|' testified that Mr. Sargent is working with 8 contractor to obtain the permit due to the fact that the Respondent is not able to obtain an owner/builder permit. MVUOD by Mr. VieDs, s8CODd8d by M[ Hale, to accept Staff's FeCOOOOleOd8tinD and find the respondent in vin|8UVn and be given until April 18, 2013 to CODl8 into Cornp|i8DC8 or impose e fine in the amount Of two hundred and fifty do||8[S ($250.00) for the first day and One hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion C8[[i8d uO3Dinn0Us|y. 4. Case No. 12-00089 - Violation of Section 105.1, Permit Required; Section 110.1, in-spections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (7108 & 7110 Poinsetta Ave.) — Hung Thien & Thanh Thi Vu, Property Owner. Code EOfO[c8OneD[ Officer, Bh8D Palmer, provided an oveRj8VV Of the Case history and presented exhibits for the BO@nd`S review. Officer Palmer testified that the violation is for work without o permit. {lffioBr Palmer stated that, f0||0vving o ConOp|giOt' 8 site visit reveled vvindOvvS installed without permit. Officer Palmer further stated that the Respondent has obtained o permit and work has commenced OOthe property. John Skinner, COnic8CtO[` testified that the owner was not 8vv8n8 that the windows were being replaced. Mr. Skinner stated that t8O8ni replaced the window. Mr. Skinner explained that he has obtained the permit and they will replace the remainder Ofthe vViDdovvG and C8|| for an inspection. Officer Palmer respectfully [8qUeSi8d that the BO8nj find the Respondent in ViO|8U0n of Section 105.1' Permit Required; Section 110.1, Inspections General, of the Florida Building C}Od8` as adopted by Section 82-31, of the City Of Cape Canaveral Code of Ordinances, and give the Respondent VO1i| April 18, 2013 to come into opmp|i8OCe or impose 8 fine in the @0OUnt of one hundred and fifty dV||8rG ($150.00) for the first day and seventy-five dollars /$75.00\ per day thereafter until found iOcompliance. K8Oti0D by Mr. VieDS. Seconded by Mr. Hale, to accept Staff's nSco00eDd8tiOO and find the respondent iDviolation and be given until April 18, 2013 to COnn0 into COOOp|i8nCe or impose 8 fine in the amount of one hundred and fifty dn||8rS ($150.00) for the first day and seventy-five dO||orS /$75.00\ per day thereafter until found in compliance. Vote on the rn0ti0D carried un8DinnOU3|y. Code Enforcement Board Meeting Minutes February 21'2O13 Page 5. Citation No. 0086 — Violation of Florida Statutes Section 489.127, Prohibitions; and Florida Statutes Section 489.132(l), Prohibited Acts by Unlicensed Principals, (7108 & 7110 Poinsetta Ave.) — Hung Thien & Thanh Thi Vu, Property Owner. Code Enforcement Officer, Bh8O Palmer, provided an OV8rvkevv Of the Case history and presented exhibits for the Board's review. Office[ Palmer testified that, due to the fact that windows were installed without permit, 8 one thousand dollar ($1000.00) Citation was nn8i|Hd to the property owner for work without a permit by an unlicensed contractor. Chairperson, yW8[y RUSS8\|, asked who the Un|iCeDS8d contractor was. Officer Palmer stated that the person that did the work iSunknown S0the Citation was mailed tOthe property owner. Attorney [8tOrre8ddP8SS8d the Board and stated that she respectfully disagreed with Staff's decision to cite the property owner due tV the fact that there is no evidence that the owner physically did the work. Attorney L8tOrre explained that the Statue prohibits any person from engaging in Un|ic8DS8d work; and if that occurred, the Citation vvOu|d be issued to that individual. Attorney L8tOrrHfurther stated that the Board needs to consider ifStaff presented sufficient evidence t0support the Citation. |fnot, the Board could dismiss the Citation. Officer Palmer respectfully [8qU9Gied that the Board find the Respondent in violation Section 489.127, Prohibitions; and Florida Statutes Section 489.132(1), Prohibited ACig by Unlicensed Principals, and impose the five hundred dollar /$5O0.0O\fine per violation as stated in Citation #0086. Officer Palmer stated that Staff will recent the unlicensed contractor; however, they still are in violation of work without 8 permit. Attorney LgtOrre explained to the BO8nj that they should consider if there is 8 person that can be held PeSpODSib|8. yWOU0D by Mr.H8|e' seconded by Mr. VienS. to dismiss the Citation #0086. Vote on the motion carried unanimously. 0. Citation No. 0114 — Violation of Section 82-375, Construction Contracting Regulation Violation, of the City of Cape Canaveral Code of Ordinances: and Florida Statutes Section 489.132(l), Prohibited Acts by Unlicensed Principals, (120 Jackson Ave.) — Theodore H. Cartwright. Code EDf0[CenneDt Officer, [}unB8 Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that, following @ COnnp|8in(, an investigation [8V68|ed @ re -roof in progress and the installation of windows without permits. Officer Alexander stated that the property was posted with a Stop Work Order and she issued a Citation in the amount of five hundred dO||8[ ($500.00) to Mr. Cartwright. Theodore Cartwright testified that he was helping the property owner with the work and did not realize o permit was required. M[. Cartwright stated that Beach Window & DOO[. Inc. has obtained 8Oafter the fact permit for the windows. Code Enforcement Board Meeting Minutes February 21'2013 Page Officer Alexander respectfully requested that the Board find the Respondent inviolation Ofwork without apermit and impose the five hundred dollar ($5O0.0O) fine 8sstated iDCitation #O114. Motion by K4[ Viens' seconded by W4c Hale, k)accept staff's [8cVDlDleOd8dDD and impose the fine in the amount of five hundred dDU@nS /$500.00\ as stated in Citation #0114. Vote on the nnOdoD carried UD8OiDlOUS|y. OLD BUSINESS: 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. (Application for Satisfaction or Release of Code Enforcement Lien.) Code Enforcement Officer, Dur88 Alexander, provided an Ov8nviHvv of the C8S8 history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for an unsafe StnJCtUna. Officer Alexander stated that an 'UOS869' p|8C@Pd was posted on the premise. Officer Alexander explained that the property was transferred from VVH||S Fargo Bank LOFederal Home Loan Mortgage Corporation and brought into compliance OnFebruary 5,2O13. Officer Alexander explained that Staff's consideration for the reduction of the |i8O iOC|Ud8d attorney fees; the fact that the new owner was not the cause of the violation; the length of time to bring the property into compliance 0DC8 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. Shirley VVee0S` Representative for F8d8[8| Home Loan Mortgage Corp.' testified that the property was quickly brought into compliance. Ms. Weems stated that the property iSready tO besold and they have Gbuyer. She has submitted @napplication for the reduction Ofthe, Lien t0 Staff's costs. Officer Alexander respectfully requested that the Board [8COrn[DeOd to the City Council the reduction Of the lien in the amount Of fourteen thousand two hundred and fifty dollars ($14,250.00) to five thousand seven hundred and seventy-one dO||8[S and twenty-five cents ($5,771.25). Motion byMr. VieOS. seconded by Mr. Hale, to recommend that Council reduce the lien in the 8DlOUDt of fourteen thousand two hundred and fifty dO||8nS ($14'250.00) to five thousand SHv8D hundred and seventy-one dollars and twenty-five cents /$5'771.25\. Vote 0Dthe motion carried unanimously. Code Enforcement Board Meeting Minutes February 21, 2013 Page 6 ADJOURNMENT: There being no further bsiness the meeting adjourned at 7:49 P.M. Approved on thisv'j day of 2013. Mary Ruell, Chairperson Joy (Lombardi, Board Secretary