HomeMy WebLinkAboutMinutes 08-18-2005CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
AUGUST 18, 2005
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on August 18, 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
Karen Hartley
Lars Holfve
Craig Stewart
MEMBERS ABSENT
Chairperson
Vice Chairperson
1st Altemate
George Pestik 2nd Alternate
Raymond Viens
OTHERS PRESENT
Duree Alexander
Joy Daine
Kate Latorre
Code Enforcement Officer
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on September 22,
2005.
City Assistant Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: July 21. 2005.
Motion by Mr. Biederman, seconded by Mr. Godfrey to approve the meeting minutes of
July 21, 2005 as written. Vote on the motion carried unanimously.
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.
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Code Enforcement Board
Meeting Minutes
August 18, 2005
Page 2
Code Enforcement Officer, Duree Alexander provided a brief overview of the Case
History and presented exhibits for the Board's review. Officer Alexander testified that
during a site visit on July 28, 2005, Mr. Jindra allowed her access into the unit. Officer
Alexander stated that the respondent has removed all the carpeting and furniture from the
unit and he had an EcoQuest Fresh Air Ionic Purifier running in the living room. Officer
Alexander further stated that the odor was not to the extent that it had been during
previous site inspections.
Officer Alexander testified that during a site inspection on August 5, 2005 with Walter
Bandish, Assistant Public Works Director, they administered the Gas Tec Precision
Detector test which revealed a zero PPM (parts per million) reading at the Respondent's
door, a zero PPM reading at the same window, a 2 -1/4 PPM reading in Unit E -502 on the
east side (the adjoining wall), and a zero PPM reading from the west side of Unit E -502 at
the electrical socket.
Ron Price, a unit owner in the same building, testified that, although it is better than it
was, the odor still exists on his balcony.
Officer Alexander stated that the Respondent was not in compliance with the Board Order
regarding the request to have the inside of the unit certified by an indoor environmental
hygienist. However, she respectfully requested that the Board find Paul Jindra in
compliance of Chapter 34 Section 96(d) Standards Established; as of August 5, 2005, as
a result of the Gas Tec Precision Detector tests providing a zero PPM reading in the
common areas. In addition, officer Alexander requested the Board consider imposing a
penalty for reoccurrence: if the violation reoccurs the respondent be fined Five Hundred
Dollars ($500.00) per day until the property is found in compliance. Discussion followed.
Motion by Mr. Holfve, seconded by Mr. Stewart to find Mr. Jindra in non - compliance of
the Board Order. Vote on the motion carried unanimously.
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 '/ as Desc in ORB 3085) — Maysen
Properties. Property Owner; c/o Victor Kostro. R.A.
Code Enforcement Officer, Duree Alexander provided a brief overview of the Case
History and presented exhibits for the Board's review. Officer Alexander testified that this
is two separate vacant parcels; Case No. 05 -00045 & Case No. 05- 00048. Officer
Alexander stated that nineteen native and /or protected trees, with a total of 195 dbh
(diameter at breast height), have been cleared.
Officer Alexander respectfully requests that the Board find Case No. 05 -00045 & 05-
00048, the Respondents being Maysen Properties, LLC, & Bjomar K. Hermansen
Trustee, be found in violation of the Chapter 102, Section 39, "Tree Protection ", Sec. 37
"Civil Penalties"; Sec. 41, "Protection of Trees & Vegetation" and the Respondent be
required to pay a fine as set forth by the Code Enforcement Board and be required to
plant the replacement value in inches (a min. of "4" inch dbh) of trees on his M -1 property
as a buffer (between the residential and industrial properties); or planted at the Portside
Villas Condominiums Residential property; or a combination thereof.
Code Enforcement Board
Meeting Minutes
August 18, 2005
Page 3
Randy May, property owner, presented photos of the land for the Board's review. Mr.
May testified that he would like to plant a buffer, with a total of 400 to 450 dbh, consisting
of a combination of oak trees, palm trees, and wax myrtles between the residential
property and the industrial properties. Discussion followed.
Motion by Mr. Holfve, seconded by Mr. Stewart to accept staffs recommendation
amended as follows: The Respondent being Maysen Properties, LLC & Bjomar K.
Hermansen Trustee; be found in violation of the Section 102 -39, & Section 102 -41 and
the Respondent shall be required to plant, at a minimum, the replacement value in inches
(a min. of "4" inch dbh) of trees on his M -1 property as a buffer between the residential
and industrial properties; and at the Portside Villas Condominiums residential property.
In addition, the Respondent has a choice of paying a fine in the amount of Five Hundred
Dollars ($500.00) or plant equal value in trees at Manatee Sanctuary Park. Vote on the
motion carried unanimously.
PUBLIC HEARINGS:
1. Case No. 05 -00019 — Violation of Section 110 -354 Special Exceptions & Section
34-181 Storing, Parking, or Leaving on Private Property, of the Cape Canaveral
Code of Ordinances, (8708 Commerce Street) — Kurt & Norma Ronstrom,
Trustees.
Code Enforcement Officer, Duree Alexander testified that this case was in compliance.
ADJOURNMENT:
There being no further iness the m ;eting adjourned at 8:42 P.M.
Approved on this n ek day of
, 2005.
Daine, Board Secretary