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HomeMy WebLinkAboutMinutes 06-23-2005• CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 23, 2005 7:00 PM • A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 23, 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 Walter Godfrey Charles Biederman James Hale Craig Stewart Raymond Viens MEMBERS ABSENT Karen Hartley Lars Holfve George Pestik OTHERS PRESENT Duree Alexander Anthony Garganese Joy Daine Chairperson Vice Chairperson 1st Alternate 2"d Alternate Code Enforcement Officer City Attorney Board Secretary The Board members established that the next meeting would be held on July 21, 2005. City Attorney Garganese swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: May 19. 2005. Motion by Mr. Viens, seconded by Mr. Stewart to approve the meeting minutes of May 19, 2005 with the correction noted that Mr. Godfrey was present. Vote on the motion carried unanimously. 2. Change Agenda Order Due to the fact that so many people were present at this hearing to testify regarding agenda item number two, Code Enforcement Officer, Duree Alexander, requested that the Board hear item number two under Compliance Hearings first. Officer Alexander also stated that the respondents for the remaining agenda items were not present. Motion by Mr. Godfrey, seconded by Mr. Hale to change the order of the agenda to hear Case No. 05 -00043 first. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes June 23, 2005 Page 2 COMPLIANCE HEARINGS: 1. Case No. 05 -00043 — Violation of Section 34 -96 Standards Established, of the Cape Canaveral Code of Ordinances, (605 Shorewood Dr.) — Paul Jindra, 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 respondent was cited for exterior property nuisances; meaning anything that endangers life or health, or gives offense to senses violates the laws of decency or obstructs reasonable and comfortable use of property. Officer Alexander stated that a site visit revealed that a strong urine odor still existed on May 26, 2005. Officer Alexander further stated that the City purchased ammonia detector tubes to measure the presence of ammonia and recorded several reading ranging from 2ppm (parts per million) to 10ppm. Assistant Public Works Director, Walter Bandish, testified that several tests were performed with a calibrated gas detector instrument. The ammonia test tubes measure the amount of detectible ammonia in the air in parts per million (ppm). Mr. Bandish stated that the safe zone is 25 ppm for 8 -hours of exposure, however that duration of test was not performed. The odor was measured at lower levels and is concentrated to a specific area. If the ammonia can be detected at all, there will be an odor. Mr. Bandish further stated that all the tests were performed outside the unit. Mr. Bandish stated that if there was a reading of 10ppm today at the outside window, he was under the assumption that inside would be considerably higher. Mr. Bandish presented the test tubes for evidence, explaining that the color changes from a Tight purple to a pale yellow. Paul Jindra, property owner, testified that the air conditioner had been repaired. Mr. Jindra stated that an air conditioner man told him that without air conditioning, animal odors are increased. Mr. Jindra stated that he has been running the air conditioning on a low setting since it's been repaired. Mr. Jindra further stated that he has changed the litter, using odor control liter and has purchased a Bionaire air purifier. Mr. Jindra testified that he also intends to clean the carpet and remove clothing that has absorbed the odors. Mr. Jindra requested more time to clean up and stated that he intends to move. Craig Stewart, Board Member, stated that more time is not acceptable; due to the fact that so many people are affected by this problem. Mr. Stewart further stated that this problem needs to be taken care of now. Officer Alexander respectfully requested that the Board find Paul Jindra in non- compliance of the Code Enforcement Board Order and of Section 34- 96(d); Standards Established, of the Cape Canaveral Code of Ordinances, and be fined Fifty Dollars ($50.00) per day until the results of the Gas Detector displays a reading of 0 ppm. Officer Alexander further requested that the respondent be fined One Hundred Dollars ($100.00) per day thereafter if the violation reoccurs. Motion for discussion purposes by Mr. Stewart, seconded by Mr. Hale to accept staffs recommendation and find Paul Jindra in non - compliance of the Board Order and in violation of Chapter 34 Section 96. • Code Enforcement Board Meeting Minutes June 23, 2005 Page 3 Mr. Stewart recommended that Mr. Jindra find somebody to come into his condominium to help clean up. Mr. Stewart stated that it may cost approximately $2,500.00 to get it done, however, with the imposed fines will add up quickly if the problem is not taken care of. The Board heard testimony from fifteen (15) neighboring condominium unit owners stating that the strong urine odor is so bad in the building and in adjoining units that they are not able to go out on their own balconies and cannot have family visit; especially if somebody has allergies. Mr. Still, unit owner, stated that Mr. Jindra makes empty promises to move out or clean up. Several owners stated that the fines are not sufficient, and requested a stronger penalty. Jeff & Darleen Cooper, unit owners, testified that they have owned the unit directly next to Mr. Jindra for four years. Mr. Cooper stated that the unit is a rental. Mrs. Cooper stated that the last tenant had to tape the electrical outlets to try to keep the smell out. Mrs. Cooper further stated that theirs is a direct oceanfront condominium unit and they can't even stay in it because of the odor. Mrs. Cooper also stated that they cannot rent the unit and two potential buyers have backed out because of the odor. Susan Marcusse, property management, testified that the unit next to Mr. Jindra could not be rented due to the strong odor. Ms. Marcusse stated that she had to evacuate the last tenant that was placed in there due to unfit living conditions. Mr. Stewart stated that he would like to see the Board impose the strongest motivation possible. Mr. Stewart asked for the City Attorney's advice. Anthony Garganese, City Attorney, stated that the Board has the ability to levy fines, which will have long -term effects. Attorney Garganese suggested that the Board could request Mr. Jindra hire an indoor environmental consultant or hygienist to certify that the unit is clean and no longer poses a threat to the residence to the condominium. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Hale to remove the original motion as presented. Vote on the motion carried unanimously. Motion by Mr. Stewart, seconded by Mr. Godfrey to find Paul Jindra in violation of Chapter 34 Section 96 and in non - compliance of the Board Order and be fined Two Hundred and Fifty Dollars a day beginning June 24, 2005 until the issue is brought into compliance and require the Respondent to hire a certified interior environmental hygienist to verify to the Board that the ammonia odor is reduced to 0 ppm and the nuisance has been abated by July 20, 2005. The Board requests that the City take such action to enforce this order and abate this nuisance. Discussion followed. Vote on the motion carved unanimously. 2. Case No. 01 -0008 — Violation of Section 94-4 (11) Window Signage, of the Cape Canaveral Code of Ordinances, (8050 N. Atlantic Ave) — Provin & Jyostna Patel, 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 this Case was found in Violation on May 17, 2001 and given until June 26, 2001 to come into compliance. Officer Alexander further testified that an Affidavit of Non - Compliance was issued and presented to the Code Enforcement Board on July 19, 2001. • • Code Enforcement Board Meeting Minutes June 23, 2005 Page 4 The Board imposed a fine in the amount of Fifty Dollars ($50.00) the first day and Twenty-Five Dollars ($25.00) per day thereafter until the Violation is corrected. Officer Alexander respectfully requested that Pravin & Jyostna Patel be found in non- compliance of the Board Order dated May 21, 2001 and of Section 94-4 (11) and enter an Order imposing a fine in the amount of Fifty Dollars ($50.00) for the first day and Twenty - Five Dollars ($25.00) per day thereafter, until the violation has been corrected. The order shall include the previous assessed fine to date in the amount of Thirty -Five Thousand Nine Hundred Twenty-Five Dollars ($35,925.00). Motion by Mr. Godfrey, seconded by Ms. Russell to accept staffs recommendation and find Provin & Jyostna Patel in violation of Section 94 -4(11) and amend the previous Order to an amount of One Hundred Dollars ($100.00) per day, commencing on June 24, 2005, for each day the violation continues to exist. This is in addition to fines accrued prior to this Amended Order. Discussion followed. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 05 -00042 — Violation of Section 104.1.1 and 105.4 Florida Building Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (425 Tyler Ave.) — Timothy S. McGillicuddy, 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 a site visit revealed the contractor (Existing Structures, Inc.) had installed a window without a permit. Officer Alexander further stated that Byron Evetts, P.E., was granted an extension of 30 days to come into compliance. Officer Alexander respectfully requested that the Board find Timothy McGillicuddy in violation of Section 104.1.1 and 105.4 Florida Building Code — Permits and Inspections, of the Cape Canaveral Code of Ordinances and be given until July 21, 2005 to come into compliance or be fined Fifty Dollars ($50.00) per day until found to be in compliance. Motion by Mr. Stewart, seconded by Mr. Veins to accept staffs recommendation and find Timothy McGillicuddy in violation of Section 104 & 105 Florida Building Code and be given until July 21, 2005 to come into compliance or be fined Fifty Dollars ($50.00) per day. Discussion followed. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 10:05 P.M. Approved on this 22 -day of C` ?1 , 2005. Joy aine, Board Secretary Mary Russ�II, Chairperson