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HomeMy WebLinkAboutMinutes 07-21-2005• • CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JULY 21, 2005 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on July 21, 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 Chairperson Walter Godfrey Vice Chairperson Charles Biederman James Hale Karen Hartley Lars Hoifve MEMBERS ABSENT George Pestik Craig Stewart Raymond Viens OTHERS PRESENT Duree Alexander Andrew Fisher Joy Daine Todd Morley 1st Alternate 2'"' Altemate Code Enforcement Officer Assistant City Attorney Board Secretary Building Official The Board members established that the next meeting would be held on August 18, 2005. City Assistant Attorney Fisher swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: June 23, 2005. Motion by Mr. Biederman, seconded by Mr. Godfrey to approve the meeting minutes of June 23, 2005 as written. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 1. Case No. 01 -0008 — Violation of Section 94-4 (11) Window Signage, of the Cape Canaveral Code of Ordinances, (8050 N. Atlantic Ave) — Pravin & Jvostna Patel, Property Owner. • • Code Enforcement Board Meeting Minutes July 21, 2005 Page 2 Code Enforcement Officer, Duree Alexander testified that this Case has been heard, the Board Order was sent, and the Respondent is still not in compliance. Officer Alexander stated that Mr. Patel requested to be heard. Mr. Patel, property owner, testified that he has removed some of the signs in the window and is requesting more time to come into compliance. The Board questioned Mr. Patel whether he understood how to come into compliance. Officer Alexander instructed him how to come into compliance. Mr. Patel stated that he understood. Discussion followed. Motion by Mr. Holfve, seconded by Mr. Godfrey to find Case No. 01 -0008 remains in non- compliance of the Board Order and no extension is granted. Vote on the motion carried unanimously. 2. Case No. 02 -00212 — Violation of Section 34 -98 Building Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (8200 Astronaut Blvd.) — Magma Trading Corp., c/o Rudy Hardick, 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 Mr. Hardick is requesting the Code Enforcement Board recommend that Council approve the satisfaction or reduction of the lien based on the satisfactory completion of the demolition of the building or the completion of a building permit for rehabilitation of the building within six (6) months. Mr. Hardick, property owner testified that he believed he was in compliance based on a statement from the former Code Enforcement Official, Morris Reid. Mr. Hardick further stated that he would like the lien to be abolished and stated that he intends to do something with the building very soon, however he requested that a specific stipulation or time restraint not be placed in the motion. The Board expressed their concems to Mr. Hardick regarding the length of time that the building has been vacant. Discussion followed. Motion by Mr. Godfrey, seconded by Ms. Russell to recommended that City Council approve the satisfaction of lien to take place immediately upon satisfactory completion of the demolition of the building within six months or upon completion of a building permit for rehabilitation of the building within six months. Discussion followed. Vote on the motion carried unanimously. 3. 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, requested that the Board withdraw this Case from the Agenda; due to the fact that the Board Order prepared by the City Attorney gave the respondent until July 28, 2005 to come into compliance. Motion by Mr. Hartley, seconded by Mr. Godfrey to withdraw Case No. 05 -00043 from the agenda. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes July 21, 2005 Page 3 4. 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 testified that this case was in compliance. PUBLIC HEARINGS: 1. Case No. 04 -00105 — Violation of Section 104.1.1 and 105.4 Florida Building Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (241 Cherie Down La.) — Yolando Nativo, Property Owner. Code Enforcement Officer, Duree Alexander testified that this case was in compliance. 2. Case No. 05 -00045 — Violation of Section 102 -39 Tree Protection & Section 102- 41 Protection of Trees & Vegetation, of the Cape Canaveral Code of Ordinances, (Vacant Parcel part of NW 1/4 of NW Y4 as Desc in ORB 3085) — Maysen Properties, Property Owner; c/o Victor Kostro, 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 a site inspection revealed that unauthorized land clearing had taken place. Officer Alexander stated that a site inspection with Ms. Kay McKee, Street Department Supervisor and Horticulturist, was to determine the size and quantity of the protected native species removed. Ms. McKee's report shows nineteen (19) protected native species were removed with a total 195 diameter at breast height (dbh). Officer Alexander further stated that the total fines for the illegal clearing is $250.00 per 100 square feet cleared, for a total of $435,600.00; plus the fine for illegal tree removal is up to $250.00 per inch dbh for a additional fine of up to $48,750.00. Randy May, property owner, testified that there had been a miscommunication between himself and the contractor hired to clear the property. Mr. May stated that he had obtained the permit from St. Johns River Water Management (SJRWM) but told the contractor they still needed the City's permit. Mr. May further stated that the contractor started the work on Saturday without his knowledge. Mr. May stopped the work on Monday morning when he discovered what happened. Mr. May requested that the Board allow him to replace the trees by planting an equal dbh of native trees on the neighboring property to the South (Portside Villas), which is currently under construction to be used as a buffer between Portside Villas and his Commercial property adjacent to the West. Chairperson Russell stated that Mr. May was requesting to replant the trees in lieu of the fines imposed. The Board questioned Counsel whether the fines were statutory. Assistant City Attorney, Andrew Fisher, stated that he would have to get back to the Board with an answer to their question regarding the fines. Motion by Mr. Godfrey, seconded by Mr. Hale to table Case No. 05 -00045 until the next Code Enforcement Board Meeting. Discussion followed. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes July 21, 2005 Page 4 3. Case No. 05 -00053 — Violation of Section 602.1 Florida Building Code — Plumbing. of the Cape Canaveral Code of Ordinances, (8727 Lantana Ct.) — April Velisek, Property Owner. Code Enforcement Officer, Duree Alexander testified that this case was in compliance. ADJOURNMENT: There being no further b siness the meeting adjoumed at 8:45 P.M. Approved on this / day of , 2005. i Jo D ine, Board Secretary Mary Russ$, Chairperson