HomeMy WebLinkAboutCEB MINUTES 01-17-13CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JANUARY 17, 2013
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on January 17, 2013, 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
Walter Godfrey
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Karen Hartley
Lynn Mars
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Kate Latorre
Glenn Pereno
Brian Palmer
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Assistant City Attorney
Building Official
Code Enforcement Officer
The Board members established that the next meeting would be held on February 21, 2013,
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: December 11, 2012.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of December 11,
2012, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 17.2013
Page 2
COMPLIANCE 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.) — 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 structure. Officer Alexander stated that the Respondent has met with the
Building Official regarding the status of the C838 and was informed that the property was not in
COnOp|i8DCe.
Jonathan VV[8Dd. CnDt[8Ch}r, testified they had obtained an interior d8mo|UdDO permit to
determine the condition of the building. M[ VVF8nd stated that during the investigative vvD[k they
found that the entire building envelope is 3 total |OSS including the roof, electric, plumbing, and
mechanical. Hefurther stated that there are nVnnen]uS structural C0nlpOn8ntG that would need
to be brought up to Code prior to the property being habitable and oi8Led that it would be cost
prohibitive. M[ VVPeDd explained that the property owner has decided to Se|| the property or
demolish itinthe event itdoes not sell and rebuild.
Giuseppe C>d8nd0. the Respondent's partner, testified that there are two contracts for the S8|e
of the property; h0vV8v9r, if the property dO8S not S8U in the next 15 days they will demolish the
building and rebuild. Mr. Orlando stated that they need 8little more time.
Officer Alexander respectfully requested that the Board find the Respondent in nOn-CVrnp|iaDo8
of the Order Imposing Penalty on First Violation, and impose the fine in the a0OVnL of one
hundred and fifty dO||8[S /$150.00\ for the first day and one hundred dollars ($100.00) per day
thereafter retroactively beginning OOJune 21.2O12.
Officer Alexander stated that Staff would support additional time for compliance.
Motion by W1[ VienS. seconded by K4[. L0tSpeich' to amend Staff's recommendation and find the
respondent in DOD-COmp|i8nc8 and be given uDU| W18rCh 21' 2013t0 come into compliance or
impose 8 fine in the GrOOuni of one hundred fifty dollars /$150.00\ for the first day and one
hundred dO||8rS /$100.00\ per day thereafter retroactively beginning on June 21' 2012' until
found iOcompliance. Vote oDthe motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 17.2013
Page
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 Wallsw 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, Propert
Code Enforcement {]ffiCe[ DU[8R Alexander, provided an Ov8nievv of the Case history and
presented exhibits for the Board's [SVievV. Officer Alexander i8SUf8d that the violation is for the
condition of the structure. Officer Alexander stated that the Respondent has repaired the roof
and has been maintaining the exterior of the property; however the property is not in compliance
with the Board Order.
Lenny C8SS8neUi' Property Owner, testified that he has hired 8 lawn service to maintain the
exterior; he VHhDed that the viDdovvS and doors were S8CUn3; and has listed the property for
sale. Mr. C8Ss8D8||i stated that there are 8 f8vv people interested in purchasing the pn]p8dv;
however one COnt[GSt has expired over the holidays and they are awaiting the OutCOrne of the
Code EDf0[C8[D8Ot Meeting for possible |i8nS' which would hinder the sale. Mr. CGSGaOe||i
further stated that he hos onnSU|t8d with 8 contractor who informed him that the repairs vv0U|d
be under 50% of the total aggregate area and vvOu|d not need to be brought up to the 2010
Building Code, as indicated by the Building Official, Glenn PepeOo.
Glenn P8PSOO' Building Official, stated that Florida Statute 468 gives him the authority as
Building Official to interpret the Code; therefore, based OD the condition of the property, it is his
int8[pnat8U0O as Building Official that the repairs exceed 50% Of the aggregate area. Mr.
P8[GDo, explained that Florida Statute 553 gives the Respondent the opportunity to appeal the
opinion of the Building Official to the State of Florida to overturn his decision.
Mr. C8SS8nel|i SiGLed that the property is listed with @ reputable [88| estate associate and
requested that the Board gc@Oi him additional time to Se|\ the property. Additionally, he Sto[Od
that, if he maintained the exterior and the building is secure, he did not understand why he could
not have the time ittakes tOsell the property.
Officer Alexander respectfully requested that the Board find the Respondent non-compliance of
the Amended Board Order Imposing Penalty on First Violation, and iDlp0S8 8fiDe in the amount
oftwo hundred and fifty dollars ($250.00)for the first day and one hundred dollars /$100.00\per
day thereafter retroactively beginning ODMay 17,2O12until found iDcompliance.
Motion byMr. VieDs. seconded by Mr. LntSp8iCh. to amend Staff's recommendation and find the
respondent in non-compliance and be given until March 21, 2O13iOcome into compliance Or
impose 3 fine in the 8no0Unt of two hundred and fifty d0||8ns /$25O.00\for the first day and one
hundred dollars ($10U.00)per day thereafter retroactively beginning OnMay 17,2012until found
in compliance. Vote Onthe motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 17.2013
Page 4
3. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural
I�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 Enforcement Officer, [}U[eS Alexander, provided an overview Ofthe C8S8 history and
presented exhibits for the BO@[d`8 review. Officer Alexander testified that the vi0|8UOD is for the
condition Of the roof. Officer Alexander stated that, following a Notice of Violation, the
Respondent obtained 8 re -roof permit for the repairs; however the work was not competed and
the permit expired. Officer Alexander further stated that the property is for S8|e and that
Respondent iSstaying incontact with the City.
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
u
of the 2 ^Am8Dded Board Order Imposing Penalty on First Violation, and inlpOSH 8 fine in the
amount of one hundred and fifty dollars /$150.O0\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. VienS' seconded by M[. H8|S. to 8OOeDd Staff's recommendation and find the
respondent in D0D-COOOp|i8Oce and be given until March 21' 2013 to COnne into compliance Or
impose 8fine iOthe amount Vfone hundred fifty dollars /$15O.0O\for the first day and seventy-
five dollars ($75.00) per day thereafter retroactively beginning on JUO8 21, 2012' until found in
COrDp|iaDC8. Vote onthe motion carried unanimously.
4. Case No. 12-00015 - Violation of Section 105.1, Permit Required; Section 110.1,
Inspections General, of the Florida Building Code (2007 edition), as adopted by Section
82-31, of the City of Cape Canaveral Code of Ordinances: and NEC Section 225.61(a),
Clearances over Buildings and Other Structures, (218 Jefferson Ave.) — Robert M.
Code Enforcement OffiC8[. [}UnSe A|8X@Ode[, provided an overview of the C8S8 history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
work without apermit. Officer Alexander stated that the Respondent has obtained 8permit and
work has commenced oOthe property.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
of the Board Order Imposing Penalty on First Violation, and be given uDU| June 20. 2013 to
oVnne into compliance or impose the fine in the @OlOuOt Of one hundred and fifty dD||3rS
($150.00) for the first day and one hundred dO||8nG /$100.00\ per day thereafter n3tnD8LtiV8|y
beginning nnOctober 18'2O12.
MOdDO by K8[ Godfrey, seconded by Mr. VieDS' to accept Staff's recommendation and find the
respondent in DOn-CUnOp|i8OCe and be given Vnb| June 20, 2013 to cOOl8 into compliance or
impose 8 fine in the amount of one hundred and fifty dO||3rG ($15O.00)for the first day and one
hundred dO||8r8 ($100.00) per day thereafter retroactively beginning OO (]CiOb8[ 18' 2012' UnU|
found incompliance. Vote OOthe motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 17, 2013
Page 5
Robert Bartheleme, property owner, updated the Board on the construction progress stating that
he is doing most of the work himself so it is a little slower than usual. He was happy to report
that he has installed hurricane straps on the trusses and received a large discount on his
insurance. Mr. Bartheleme explained that he is about ready to have an in -progress inspection
from the City.
5. 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, testified that this Case is in compliance.
6. 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, testified that this Case is in compliance.
7. 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, testified that this Case is in compliance.
8. Case No. 12-00062 — Violation of Section 94-76(4)(7). TemDorary On -Premises Sians
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, testified that this Case is in compliance.
9. 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, testified that this Case is in compliance.
10. Case No. 12-00064 — Violation of Section 94-76(4)(7), Temr)orary On -Premises Sians
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 IN 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, testified that this Case is in compliance.
Code Enforcement Board
Meeting K4inub»a
January 17.2013
11. 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, testified that this Case is in compliance.
There being no further business the meeting adjourned at 7:05 P.M.
Approved on this dayof 2013.
Mary Rusoll, Chairperson
J6`ylombardi, Board Secretary