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Home My WebLink AboutMinutes 09-22-2005CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 22, 2005 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on September 22, 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 Charles Biederman James Hale Karen Hartley Craig Stewart Raymond Viens MEMBERS ABSENT Walter Godfrey George Pestik OTHERS PRESENT Duree Alexander Joy Daine Kate Latorre Chairperson Vice Chairperson 2"d Alternate Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on October 20, 2005. City Assistant Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: August 18, 2005. Motion by Mr. Biederman, seconded by Mr. Stewart to approve the meeting minutes of August 18, 2005 as written. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes September 22, 2005 Page 2 PUBLIC HEARINGS: 1. Case No. 05 -00056 — Violation of Section 104.1.1 and 105.4 Florida Building Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (160 Polk Ave.) — Judith Jones, 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 chain Zink fence was installed without the required permit and inspection. Officer Alexander respectfully requested that the Board find case number 05 -00056 in violation of Florida Building Code Chapter 104, Section 104.1.1, "Permits" and Chapter 105, Section 105.4 "Inspections", and be given until October 20, 2005 to comply by appearing before the Community Appearance Board for approval of the fence, applying for a permit, and obtaining an approved final inspection for the permit. If the respondent is not in compliance by the above - specified date; a fine of $50.00 for the first day of non- compliance and $25.00 per day thereafter shall be imposed until found in compliance. Motion by Mr. Stewart, seconded by Ms. Hartley to accept staffs recommendation to find Case No. 05 -00056 in violation of Section 104.1.1 and 105.4 Florida Building Code - Permits & Inspections and come into compliance by October 20, 2005 or be fined Fifty Dollars ($50.00) for the first day of non - compliance and Twenty -Five Dollars ($25.00) for each day thereafter. Vote on the motion carried unanimously. 2. Case No. 05 -00060 - Violation of Section 104.1.1 and 105.4 Florida Building Code - Permits & Inspections, & Section 82 -116 Adoption of the National Electrical Code, of the Cape Canaveral Code of Ordinances, (190 Center St.) — RJT Center, LLC, Property Owner, c/o Ronald Abeles, MGRM. Code Enforcement Officer, Duree Alexander requested this case be postponed until the next Code Enforcement Board Meeting on October 20, 2005. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Hale to postpone case #05 -00060 until October 20, 2005. Vote on the motion carried unanimously. 3. Case No. 05 -00061 — Violation of Section 110 -467 - Garage Sales, & Section 34- 96(d), Standards Established, of the Cape Canaveral Code of Ordinances, (8201 Canaveral Blvd.) — Angela Ruzzo, 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 she has had numerous complaints and has witnessed the continual garage sales and exterior trash and debris on the respondent's property. Officer Alexander respectfully requested that the Board find case number 05 -00061 in violation of Chapter 110, Section 467, Garage Sales "; and Chapter 34, Section 96(d), "Standards Established ", and if the respondent is found in violation again of conducting a yard sale within 180 days, the respondent shall be fined $500.00 per day as a repeat violator until found to be in compliance. Discussion followed. • • Code Enforcement Board Meeting Minutes September 22, 2005 Page 3 Motion by Mr. Stewart, seconded by Ms. Russell, to accept staffs recommendation to find Angela D. Ruzzo in violation of Section 110 -467 and Section 34 -96(d) and be fined five hundred dollars ($500.00) per day for any repeat violation, with an amendment that the next sale may not occur again for six months (March 3, 2006). Discussion followed. Motion by Mr. Stewart, seconded by Ms. Hartley to table the motion in order to hear testimony from the respondent, Angela Ruzzo, who is now present at the hearing. Vote on the motion failed with the voting as follows: Charles Biederman, for; James Hale, against; Karen Hartley, for Mary Russell, for; Craig Stewart, against; Raymond Viens, against. Vote on the original motion as amended carried unanimously. 4. Case No. 05 -00064 — Violation of Section 34 -97(a) - Duties & Responsibilities for Maintenance, & Section 34- 96(d), Standards Established, of the Cape Canaveral Code of Ordinances, (321 Washington Ave.) — Dale Allenbaugh, Property Owner. Code Enforcement Officer, Duree Alexander testified that this case was in compliance. 5. Case No. 05 -00077 — Violation of Section 110- 551(h) - Location of Recreational Vehicles, of the Cape Canaveral Code of Ordinances, (360 Monroe Ave.) — Thurston Kirby, Property Owner. Code Enforcement Officer, Duree Alexander testified that this case was in compliance. ADJOURNMENT: There being no further iness the meeting adjourned at 7:46 P.M. Approved on this day of , 2005. o Lombardi, Board Secretary P� M ry Russ Chairperson