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Home My WebLink AboutCEB MINUTES 04-18-13CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 18, 2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 18, 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 ow-ra-mysawleja - . . . . ....... . .... Duree Alexander Brian Palmer Glenn Pereno Joy Lombardi Kate Latorre Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Building Official Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on May 23, 20111 Assistant City Attorney Latorre swore in all persons giving testimony. Approval of Meeting Minutes: March 21, 2013. Motion by Mr. Viens, seconded by Mr. Godfrey, to approve the meeting minutes of March 21, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 18, 2013 Page 2 [$I*] A I W I F-111 01141:8 No I X-11 MV 12 M 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 3037, 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 3011.1, General, of the Standard 'Unsafe Buildin_q 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 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. Building Official, Glenn Pereno, testified that he contacted the Florida Building Code Commission to review the 50% work area as defined by the Florida Building Code "Existing" (FBC). Mo Madani, of the Florida Building Code Commission, stated that the property owner would need to request a declaratory statement to dispute the interpretation of the Building Official. Mr. Pereno stated that the FBC "Existing" Chapter 5 provided an option whereby the building could be evaluated by a registered design professional to establish whether the damage exceeds 50% of the aggregate area. Mr. Pereno stated that the Respondent, Lenny Cassanelli, asked if he completely secured the building would the City find the property in compliance. Mr. Pereno explained that securing the building will not bring it into compliance. Mr. Pereno respectfully requested that the Board accept Officer Alexander's recommendation. Lenny Cassanelli, property owner, testified that he has been working to secure the property to keep vagrants out by boarding up all the broken windows. Mr. Cassanelli stated that he is working with a limited budget and said that if he was able to hire plumbing to, obtain a permit for the plumbing repairs and then hire an electrical contractor to complete that portion of the work; it would be easier to bring the building into compliance. Mr. Cassanelli explained that he was not permitted to do it that way. Mr. Cassanelli further stated that he has four sets of drawings that cost his thousands of dollars and the last set was not approved due to the 50% issue. Chairperson Russell asked if Mr. Cassanelli could obtain separate permits for the work. Mr. Pereno said that, per the Florida Building Code, the permit had to include all of the work. Officer Alexander respectfully requested that the Board find the Respondent non-compliance of the 3"d Amended Board Order Imposing Penalty on First Violation, and impose the 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. Code Enforcement Board Meeting Minutes April 18, 2013 Page 3 Mr. Cassanielli stated that the property is for sale and if the recommendation is accepted, it would cripple him financially; as well as spoil any hope of a sale. Officer Alexander suggested that the Board could modify her recommendation to allow the Respondent 30 days with the condition that the building is completely secure or accept the recommendation with the omission of the retroactive penalty. 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 May 23, 2013 to come into compliance with the conditions that the Respondent completely secure and paint the building and obtain a report from a registered design professional 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 until found in compliance. Vote on the motion carried unanimously. 3. Case No. 12-00090 - Violation of Section 105.1, Permit Required: Section 110.1, Inspections General, of the Florida Buildinq 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, 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; however, a contractor has obtained a permit on April 16, 2013. Officer Alexander respectfully requested that the Board find the Respondent in non-compliance 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 give the Respondent until October 13, 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 until found in compliance. Motion by Mr. Wiens, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in non-compliance and be given until October 13, 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 until found in compliance. Vote on the motion carried unanimously. 4. Case No. 13-00009 - Violation of Section 303.1, General; Section 303.4, Structural Members: Section 303.6. Exterior Walls, of the International ProDertv Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; and Section 34-98 4j, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (350 Chandler St.) — Michael H. Newlin, 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 explained that, following the Notice of Violation, the roof has been repaired but the property is still in violation, as stated above. Code Enforcement Board Meeting Minutes April 18, 2013 Page 4 Officer Alexander respectfully requested that the Board find the Respondent in non-compliance of Section 303. 1, General; Section 303.4, Structural Members; Section, 303.6, Exterior Walls, 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 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. Lotspeich, to accept Staff's recommendation and find the Respondent in non-compliance and 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. 5. 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, Brian Palmer, provided an overview of the Case history and presented exhibits for the Board's review. Officer Palmer testified that the violation is for public nuisances. Officer Palmer stated that a site visit revealed trees and brush growing against and over the fence which could cause damage to the fence., Officer Palmer further stated that there is trash and debris on the property, Officer Palmer explained that he has had contact from the landscape company who informed him that they were hired to clean up the property and would begin on Saturday, April 20, 2013. Officer Palmer respectfully requested that the Board find the Respondent in violation, of Section 34-97(b)(3), Duties and Responsibilities for Maintenance, of the City of Cape Canaveral Code of Ordinances and give the Respondent until May 23, 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 seventy-five dollars ($75.00) per day thereafter until found in compliance. Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the respondent in violation and be given until May 23, 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 seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. Maintenance, of the City of Cape Canaveral Code of Ordinances; Section 306.1, Extermination; Section 303.14, Window, Skylight, and Door Frames; Section 303.15, Insect Screens, Section 303.16, Doors;, Section 505.3,, Water System, of the International Property Maintenance Code (19918 edition), as adopted by Section 82-221_, of the City of Cape Canaveral Code of Ordinances, (431 Monroe Ave., Unit #3) — ESO Investments. LLC. c/o Faro & Associates. P.A.. R.A. Code Enforcement Officer, Brian Palmer testified that the respondent did not take, receipt of the notice and therefore must withdraw this case from the agenda. Code Enforcement Board Meeting Minutes April 18, 2013 Page 5 OLD BUSINESS: 7. Case No. 09-00211 — f 414 Adams Ave.), Update. Officer Alexander provided an update and photos of the property showing the improvements to the property following compliance. The Board was pleased with the outcome. 8. Case No. 12-00022 — (105 Justamere Rd.), Update. Officer Alexander provided an update and photos of the property showing the improvements to the property following compliance. The Board was pleased with the outcome,, ADJOURNMENT: There being no further bu�iness the meeting adjourned at 7:18 P.M. Approved on this c ay of A'14' ?"-I, 2013. 0 IL LA 4 Id L Mary Rself, Chairperson Joy 0 Lombardi, Board Secretary