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Home My WebLink AboutMinutes 01-20-2005CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 20, 2005 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 20, 2005 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Recording Secretary called the roll. MEMBERS PRESENT Mary Russell Karen Hartley James Hale Craig Stewart MEMBERS ABSENT Charles Biederman Walter Godfrey Lars Holfve OTHERS PRESENT Duree Alexander Jeff Buak Joy Daine Chairperson Vice Chairperson 1st Altemate Code Enforcement Officer Assistant City Attorney Board Secretary The Board members established that the next meeting would be held on February 17, 2005. Assistant City Attorney Buak swore in all persons giving testimony. NEW BUSINESS: 1. ,Approval of Meeting Minutes: October 21. 2004. Motion by Mr. Stewart, seconded by Mr. Hale to approve the meeting minutes of October 21, 2004. Vote on the motion carried unanimously. 2. Interview Perspective Board Member. Michael Lindsay. Mr. Lindsay was not present; the City was not able to contact Mr. Lindsay by the phone numbers he provided on the application. • • Code Enforcement Board Meeting Minutes January 20, 2005 Page 2 COMPLIANCE HEARINGS: 1. Case No. 04-094 — Violation of Section 104.1.1 & 105.4 Florida Building Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (8535 Canaveral Ct.) — Casa Serena Condo Assoc. of Brevard, Inc., c/o Ahmad Nasajour, R.A., Property Owner. Code Enforcement Officer, Duree Alexander testified that this case was in compliance. PUBLIC HEARINGS: 1. Case No. 04-86 — Violation of Sections 104.1.1 & 105.4 Florida Building Code - Permits & Inspections, Section 78 -128 - Change of Use, Section 70 -71 - Engaging in Business without Paying Tax, of the Cape Canaveral Code of Ordinances, (7000 N. Atlantic Ave.) — Catherine Curran, Business 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 respondents were in compliance with the Florida Building Code, Sections 104.1.1 & 105.4 and with the City of Cape Canaveral Code of Ordinance, Section 70 -71. Officer Alexander further testified that the respondents were still in violation of the Cape Canaveral Code of Ordinance, Section 78 -128, "Change of Use" and must pay the sewer impact fees for seating added to the business (12 seats @ 292.23) for a total amount of $3,506.76. Mrs. Beasley, property owner, stated that she did not understand why she had been cited for the code enforcement violation. Mrs. Russell explained to Mrs. Beasley that she was cited as the property owner and Catherine Curran was cited as the business owner. Catherine Curran, business owner, testified that the business added only ten seats and has returned to the original square footage. Ms. Curran further testified that she would need more time to pay the impact fees. Officer Alexander requested that the Board find case number 2004 -00086 in violation of Chapter 78, section 128, "Change of Use "; and be given until March 21, 2005 to come into compliance by paying the impact fees in the amount of $3,506.76. Upon failure to comply by March 21, 2005, there shall be a fine of $50.00 for the first day of non- compliance and $25.00 per day thereafter, until the impact fees are paid in full. Motion by Mr. Stewart, seconded by Ms. Hartley to find the Mary Beasley and *Catherine Curran in violation of Chapter 78 Section 128 and be given until March 21, 2005 to come into compliance by paying the impact fees or be given until February 17, 2005 to remove seating. Discussion followed. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes January 20, 2005 Page 3 2. Case No. 04-105 — Violation of Section 104.1.1 & 105.4 Florida Building Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (241 Cherie Down La.) — Peter Nativo, Property Owner. Code Enforcement Officer, Duree Alexander requested this case be postponed due to the fact the respondent has passed away and the property is in probate. Mrs. Russell voiced her concern that if the property sells, the new owner will not be notified that there is a violation on the property. Mr. Buak, Assistant City Attorney, stated that the Florida Statues Chapter 162 states that the owner must tell the new owner about the violation or the original owner will be responsible. Motion by Mr. Stewart, seconded by Ms. Hale to postpone case #04 -105. Discussion followed. Vote on the motion carried unanimously. 3. Case No. 04-111 — Violation of Section 110.12 National Electric Code — Mechanical Execution of Work, Section 110.3 NEC — Installation and Use, Section 334.15 NEC — Exposed Work, of the Cape Canaveral Code of Ordinances, (227 Lincoln Ave.) — Patricia Harris, 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 electrical box is not in compliance with the National Electrical Code and is a hazard. Officer Alexander requested that the Board find case number 04 -111 in violation of the National Electrical Code, Sections 110.12, "Mechanical Execution of Work ", 110.3 (b), "Installation and Use ", and 334.15 (a) (b), "Exposed Work"; and be given until January 31, 2005 to comply or a fine in the amount of fifty dollars ($50.00) for the first day of non- compliance and twenty -five dollars ($25.00) per day thereafter, until the property is brought into compliance. Mrs. Russell asked Mr. Hoog, electrical contractor, the cost to repair the electrical box. Mr. Hoog stated that the approximate cost would be eight hundred dollars ($800.00). Motion by Mr. Stewart, seconded by Mrs. Russell for the purpose of discussion, to find Patricia Harris in violation of the National Electrical Code Sections 110.12, 110.3 (b), & 334.15 (a) (b) and be given until January 31, 2005 to come into compliance or a fine in the amount of one hundred dollars ($100.00) per day until the property is brought into compliance. Discussion followed. Vote on the motion carried unanimously. The Board suggested the Board Order be sent overnight delivery. Code Enforcement Board Meeting Minutes January 20, 2005 Page 4 4. Case No. 04 —112 — Violation of Section 110 -47 (4) — Written Findings Certifying Compliance (Adequate Screening), of the Cape Canaveral Code of Ordinances, (7077 N. Atlantic Ave.) — Randall O'Brien, Property Owner. Code Enforcement Officer, Duree Alexander testified that this case was in compliance. ADJOURNMENT: There being no further business the meeting adjourned at 8:06 P.M Approved on this 1 / day of Joy Wine, Board Secretary • 20Q4( h ►'2J Mary Rus , Chairperson