HomeMy WebLinkAboutCEB MINUTES 03-21-13CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
MARCH 21, 2013
6:010 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on March 21, 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
Walter Godfrey
James Hale
Ralph Lotspeich
Lynn Mars
OTHERS PRESENT
Duree Alexander
Brian Palmer
Joy Lombardi
Kate Latorre
Glenn Pereno
Chairperson
Vice -Chairperson
Code Enforcement Officer
Code Enforcement Officer
Board Secretary
Assistant City Attorney
Building Official
The Board members established that the next meeting would be held on April 18, 2013.
Assistant City Attorney Latorre swore in all persons giving testimony.
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1. Approval of Meeting Minutes: February 21, 2013.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting iminutes of February 21,
2013, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
March 21, 2013
Page 2
Case No. 13-00009 - 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 PropertV Maintenance Code (1998 edition), as adopted by Section 82-221.,
of the City of Cape Canaveral Code of Ordinances.; and., Section 34-98(4), Building
Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (350
Chandler St,) — Michael H.-NewHn., 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 exterior of the property. Officer Alexander stated that she received a complaint
regarding the condition of the roof. Officer Alexander explained that, following the Notice of
Violation, the roof has been repaired but the property is still in violation, as stated above.
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
Section 34-98(4), Building Appearance and Maintenance, of the City of Cape Canaveral Code
of Ordinances, and give the Respondent until April 18, 2013 to come into compliance or impose
a fine in the amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per
day thereafter retroactively beginning on March 21, 2013, until found in compliance.
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept Staff's recommendation and find the
Respondent in violation and be given until April 18, 2013 to come into compliance or impose a
fine in the amount of seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per
day thereafter retroactively beginning on March 21, 2013, until found in compliance. Vote on
the motion carried unanimously.
COMPLIANCE HEARINGS:
Case No, 11-00077 - Violation of Section 34-97(b)(3), Duties and Responsibilities for
Maintenance, of the City of Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.)
— JWL LLC c/o Retail Site LLC, Keith A. Bennett, R.A.
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
maintenance of the parking lot.
Officer Alexander stated that the Respondent sent an e-mail that requested additional time for
the repairs.
Officer Alexander respectfully requested that the Board find the Respondent non-compliance of
Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral
Code of Ordinances and impose a fine in the amount of one hundred dollars ($100,00) for the
first day and seventy-five dollars ($75.00) per day thereafter until found in compliance beginning
March 21, 2013.
Code Enforcement Board
Meeting Minutes
March 21, 2013
Page 3
Motion by Mr. Lotspeich, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent lin non-compfiance and impose a fine in the amount of one hundred dollars
($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in
compliance. Vote on the motion carried unanimously.
2. 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 Re aired; Section 110-551,(a)(2)ib),
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 explained that the Respondent's representative,
Mr. Orlando, met with Staff to discuss the extension of time for compliance with the condition
that the property be maintained to be aesthetically pleasing and secure. Officer Alexander
explained that the Respondent has painted the exterior and is continuing the work on the
neighboring property, 330 Monroe Avenue. Officer Alexander stated that Staff would support
the additional time with the conditions,
Mr. Orlando testified that he has been working to clean up the property and secure the building.
Mr. Orlando explained that the property is on the market; however, if it does not sell they will
make the necessary repairs to bring it into 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 give the Respondent until October 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 dolllars ($100,00) per day thereafter retroactively beginning on June 21, 2012 until
found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in non-compliance and be given until October 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
March 21, 2013
Page 4
3. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural
Mem:bers, Section 303.7, Roofs and Drainage, of the International Property Maintenance
Code (1998 edition), as adopted bV Section 82-221 of the City of Cape Canaveral Code
of O,rdinances, (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; however, the permit has expired without
an approved final inspection. Officer Alexander further stated that the Respondent is
maintaining the exterior but the roof continues to deteriorate.
Officer Alexander explained that she received an e-mail from the Respondent which stated that
there is a sale pending on the property and has requested additional time for 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 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. Officer Alexander
stated that Staff would support additional time to come into compliance. Discussion followed.
Motion by Mr. Viens, seconded by Mr. Godfrey, to amend Staff's recommendation and find the
respondent in non-compliance and be given until June 20, 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 June 21, 2012, until found in
compliance. Vote on the motion carried unanimously.
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There being no further business the meeting adjourned at 6:49 P.M.
ay of d
/PA, 2013.
Approved on this "
I
Joy Lombardi, Board Secretary
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Mary Rus --All, Chairperson
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