HomeMy WebLinkAboutMinutes 01-19-2006CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JANUARY 19, 2006
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on January 19, 2006 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral,
Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary
called the roll.
MEMBERS PRESENT
Mary Russell
Walter Godfrey
Charles Biederman
James Hale
Karen Hartley
Craig Stewart
Raymond Viens
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Kate Latorre
Chairperson
Vice Chairperson
Code Enforcement Officer
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on February 23,
2006.
City Assistant Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: November 17. 2005.
Motion by Mr. Viens, seconded by Mr. Hale to approve the meeting minutes of November
17, 2005 as written. Vote on the motion carried unanimously.
2. Interview Perspective Board Member. Edward Ciecirski.
Perspective Board Member, Edward Ciecirski was not present at the meeting.
Code Enforcement Board
Meeting Minutes
January 19, 2006
Page 2
COMPLIANCE HEARINGS:
1. Case No. 05 -00061 — Violation of Section 110 -467 - Garage Sales, and 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 on
September 22, 2005, the Board found the respondent in violation and a Board Order was
issued. Officer Alexander further stated that after many site visits, the exterior of the
property still contains trash and debris.
Motion by Mr. Stewart, seconded by Chairperson Russell, to find Angela Ruzzo in non-
compliance of the Board Order and be given until January 27, 2006 to clean up the
property by removing any trash & debris, and accumulated sellable items or be fined five
hundred dollars ($500.00) per day beginning on January 28, 2006. All other conditions of
the previous Board Order are valid. Vote on the motion carried unanimously.
2. Case No. 05 -00087 — Violation of Section 94 -11 Maintenance, Notice to Repair
and Section 94 -4 Exemptions, of the Cape Canaveral Code of Ordinances, (8590
N. Atlantic Ave.) — Shakti, Inc., c/o Manish Patel, R.A., Property Owner.
Code Enforcement Officer, Duree Alexander requested that this case be withdrawn from
the agenda.
Motion by Mr. Stewart, seconded by Mr. Biederman, to withdraw Case No. 05 -00087 from
the agenda. Vote on the motion carried unanimously.
3. Case No. 05 -00096 — Violation of Section 94-11 Maintenance, Notice to Repair, of
the Cape Canaveral Code of Ordinances, (6952 N. Atlantic Ave.) — Gerald F.
Sale. Property Owner.
Code Enforcement Officer, Duree Alexander testified that this case was in compliance.
4. Case No. 05 -00101 — Violation of Section 94-11 Maintenance, Notice to Repair, of
the Cape Canaveral Code of Ordinances. (6103 N. Atlantic Ave.) — JWL. LLC, c/o
Keith Bennett, R.A., Property Owner.
Code Enforcement Officer, Duree Alexander requested that this case be postponed until
March 23, 2006.
Motion by Mr. Stewart, seconded by Mr. Biederman, to postpone Case No. 05 -00101 until
the March 23, 2006 meeting. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 19, 2006
Page 3
5. Case No. 05 -00107 — Violation of Section 34 -96(d) Standards Established and
Section 104.1.1 and 105.4 Florida Building Code — Permits & Inspection, 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 fence
has been removed; therefore, the respondent is in compliance with Section 34 -96(d)
Standards Established. Officer Alexander further testified that the original roof permit has
expired without the required approved final inspection. A new permit has been applied
for today, January 19, 2006; however, the respondent is not in compliance with Section
104.1.1 & 105.4 Florida Building Code — Permits & Inspections.
Patricia Harris testified that she was lawfully able to obtain the original owner /builder roof
permit since the property was not for rent at that time. Ms. Harris stated that since she is
using the property as a rental now, a licensed contractor is required to pull the permit.
Motion by Mr. Godfrey, seconded by Mr. Stewart, to find Patricia Harris in compliance of
Section 34 -96(d) Standards Established. Vote on the motion carried unanimously.
Motion by Mr. Godfrey, seconded by Mr. Viens, to table the violation of Section 104.1.1
and 105.4 Florida Building Code - Permits & Inspections, until February 23, 2006. Vote
on the motion carried unanimously.
PUBLIC HEARINGS:
1. Case No. 05 -00058 — Violation of Section 34 -97 Duties and Responsibilities for
Maintenance, and Section 66 -26 Civil Liability for Damage, of the Cape Canaveral
Code of Ordinances. (200 Lincoln Ave.) — Diana & Brian N. Etheridge, Co-
Trustees.
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 sent a notice of violation for the dumpster not being enclosed, damage
to the City sidewalk due to the placement of the dumpster, overgrown vegetation in
visibility triangle, and trash & debris on the property. Officer Alexander further testified
that the respondents came into compliance with the overgrown vegetation, and the trash
and debris immediately. The only remaining issues are the dumpster and the sidewalk.
Officer Alexander suggested that the owners change the garbage service to cans rather
than the dumpster. Officer Alexander stated that she has given the property manager
two extensions to correct this problem, to no avail.
Officer Alexander respectfully requested that the Board find case number 05 -00058 in
violation of Chapter 34, Section 97(2), Duties and Responsibilities for Maintenance, and
Chapter 66 Section 26 Civil Liability for Damage, and be given until February 23, 2006 to
comply by enclosing the dumpster, obtaining a permit to repair the sidewalk, and obtain
an approved final inspection. 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. Discussion followed.
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Code Enforcement Board
Meeting Minutes
January 19, 2006
Page 4
Mr. Etheridge testified that they have recently changed property managers. Mr.
Etheridge stated that he had planed to come to Florida to do the repairs, however he
became physically unable. Mr. Etheridge further stated that although he could do most of
the work himself, he was not sure he could get a contractor to complete the sidewalk by
February 23, 2006. Mr. Etheridge stated that he would make every attempt to meet the
deadline and he is trying to get bids for the work.
Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staffs recommendation and
find Diana & Brian Etheridge in violation of Section 34 -97(2) Duties and Responsibilities,
and Section 66 -26 Civil Liability for Damage, and come into compliance by March 23,
2006 or be fined fifty dollars ($50.00) for the first day of non - compliance and twenty -fine
dollars ($25.00) per day thereafter. Vote on the motion carved unanimously.
2. Case No. 05 -00093 — Violation of Section 22 -40 Approval Prerequisite for
Permits, and Sections 104.1.1 and 105.4 Florida Building Code - Permits &
Inspections, of the Cape Canaveral Code of Ordinances, (7700 N. Atlantic Ave.)
(Circle K Store #4971) DBNCH Circle, LLC, c/o Kevin R. Roberts, 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 the ground
sign has been replaced without the required Community Appearance Board approval and
without the required permits and inspections.
Officer Alexander stated that the respondent requested an extension of time, in writing.
Officer Alexander respectfully requested that the Board find case number 05 -00093 in
violation of Section 22 -40, Approval Prerequisite for Permit, and Sections 104.1.1 and
105.4 Florida Building Code - Permits & Inspections, and be given until March 23, 2006 to
comply by applying to the Community Appearance Board, obtain a permit, and obtain an
approved final inspection. 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. Discussion followed.
Motion by Mr. Stewart, seconded by Mr. Hale, to accept staffs recommendation to find
DBNCH Circle, LLC, c/o Kevin R. Roberts, R.A. in violation of Section 22 -40, Approval
Prerequisite for Permit, and Sections 104.1.1 and 105.4 Florida Building Code - Permits
& Inspections, and come into compliance by March 23, 2006 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.
3. Case No. 05 -00094 — Violation of Section 22 -40 Approval Prerequisite for
Permits. and Sections 104.1.1 and 105.4 Florida Building Code - Permits &
Inspections. of the Cape Canaveral Code of Ordinances. (8797 N. Atlantic Ave.)
(Circle K Store #4975) — Svend A. & Patricia L. Olesen. Co- Trustees.
Code Enforcement Officer, Duree Alexander testified that this case is the same as the
prior case and requested that the same recommendation applies.
• •
Code Enforcement Board
Meeting Minutes
January 19, 2006
Page 5
Motion by Mr. Stewart, seconded by Mr. Hale, to accept staffs recommendation to find
Svend A. & Patricia L. Olesen, Co- Trustees in violation of Section 22 -40, Approval
Prerequisite for Permit, and Sections 104.1.1 and 105.4 Florida Building Code - Permits
& Inspections, and come into compliance by March 23, 2006 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.
4. Case No. 05 -00113 — Violation of Section 34 -122 Public Nuisances Prohibited,
and Section 34-98 Building Appearance and Maintenance, of the Cape Canaveral
Code of Ordinances, (116 & 118 Tyler Ave.) — Bradley C. Clarke, 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
property is in need of maintenance; there is trash and debris in the yard; the yard is
overgrown. Officer Alexander further stated that the neighbor told her that she saw rats
going into the vacant side of the duplex.
Officer Alexander respectfully requested that the Board find case number 05 -00113 in
violation of Section 34-122 Public Nuisances Prohibited, and Section 34 -98 Building
Appearance and Maintenance; and the respondent be fined $100.00 for the first day and ,
$50.00 per day thereafter until found in compliance, beginning on January 20, 2006.
Motion by Mr. Viens, seconded by Mr. Stewart, to accept staffs recommendation to find
Bradley C. Clarke in violation of Section 34-122 Public Nuisances Prohibited, and Section
34 -98 Building Appearance and Maintenance, and be fined one hundred dollars
($100.00) for the first day and fifty dollars ($50.00) for each day thereafter, beginning on
January 20, 2006.
Discussion followed regarding the sighting of the rodents going into the building. Mr.
Stewart voiced his concerns that the building may be a health hazard for the tenant that is
occupying the building due to the sighting of rats and the mold on the building.
Motion by Mr. Godfrey, seconded by Mr. Stewart, to amend the original motion increasing
the fine to two hundred and fifty dollars ($250.00) for the first day of non - compliance and
one hundred dollars ($100.00) for each day thereafter. Vote on the amendment to the
motion carried unanimously.
Vote on the main motion carried unanimously.
5. Case No. 05 -00131 — Violation of Sections 104.1.1 and 105.4 Florida Building
Code - Permits & Inspections. of the Cape Canaveral Code of Ordinances. (222,
224 Adams Ave.) — Matthew N. & Danielle Boucher. Property Owner.
Code Enforcement Officer, Duree Alexander testified that this case was in compliance.
Code Enforcement Board
Meeting Minutes
January 19, 2006
Page 6
6. Case No. 05 -00137 — Violation of Sections 104.1.1 and 105.4 Florida Building
Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (276
Polk Ave.) — Charles & Sharon Lee Hance, Property Owner.
Code Enforcement Officer, Duree Alexander testified that this case was in compliance.
ADJOURNMENT:
There being no further business the meeting adjourned at 9:23 P.M.
Approved on this day of
Jgy Lombardi, Board Secretary
, 2006.
Mary Russ II, Chairperson