HomeMy WebLinkAboutMinutes 02-23-2006CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
FEBRUARY 23, 2006
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on February 23, 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
Raymond Viens
MEMBERS ABSENT
Craig Stewart
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Debra Babb - Nutcher
Chairperson
Vice Chairperson
Code Enforcement Officer
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on March 23, 2006.
Assistant City Attorney Babb - Nutcher swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: January 19. 2006.
Motion by Mr. Viens, seconded by Mr. Biederman to approve the meeting minutes of
January 19, 2006 as written. Vote on the motion carried unanimously.
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Code Enforcement Board
Meeting Minutes
February 23, 2006
Page 2
COMPLIANCE HEARINGS:
1. 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Code Enforcement Officer, Duree Alexander requested that this case be withdrawn from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.
2. 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.
3. Case No. 05 -00107 — Violation of Section 34 -96(d) Standards Established and
Section 104.1.1 and 105.4 Florida Buildina Code — Permits & Inspection, of the
Cape Canaveral Code of Ordinances, (227 Lincoln Ave.) — Patricia Harris,
Property Owner.
Code Enforcement Officer, Duree Alexander testified that this case was in compliance.
PUBLIC HEARINGS:
1. Case No. 05 -00127 — Violation of Section 104.1.1, 105.4, and 3103.1.1 Florida
Building Code - Permits & Inspections, and Section 110 -297 Minimum Setbacks,
of the Cape Canaveral Code of Ordinances, (129 Madison Ave.) — Overton B. &
Karen P. Nicks, Property Owners.
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 erected an awning without the required permit and the placement is within the
setbacks.
Officer Alexander respectfully requested that the Board find case number 05 -00127 in
violation of Section 104.1.1 and 105.4, Florida Building Code - Permits & Inspections, and
Section 110 -297 Minimum Setbacks, and be given until April 20, 2006 to come into
compliance. 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. Hale, seconded by Ms. Hartley, to accept staffs recommendation and find
Overton B. & Karen P. Nicks in violation of Section 104.1.1 and 105.4, Florida Building
Code - Permits & Inspections, and Section 110 -297 Minimum Setbacks, and come into
compliance by April 20, 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
carried unanimously.
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Code Enforcement Board
Meeting Minutes
February 23, 2006
Page 3
2. Case No. 05 -00130 — Violation of Section 82 -222 International Property
Maintenance Code (IPMC) as Adopted by the City of Cape Canaveral Code of
Ordinances; Violation of IPMC, Chapter 3, Sections 303, 303.1 -303.9 Exterior
Structure, Section 304.1 Interior Structure, and Section 304.2 Structural Members.
Violation of Section 34 -96(d) Standard Established, Section 34- 97(b)(3) Duties
and Responsibilities for Maintenance, and Section 34-100 Sign Appearance and
Maintenance, of the City of Cape Canaveral Code of Ordinances, (8200 Astronaut
Blvd.) — Magma Trading Corp., c/o Rudolph Hardick, R.A.
Code Enforcement Officer, Duree Alexander requested that this case be postponed until
March 23, 2006.
Assistant City Attorney Babb - Nutcher stated that the City has hired an attorney and is
ready to proceed with the case; however, during a meeting on February 22, 2006 the
parties involved discussed a possible settlement. The proposed settlement will require
demolition of the building by July 1, 2006 and ongoing maintenance of the property until
that date. Attorney Babb - Nutcher recommended that the Board accept staffs
recommendation to postpone this case until March 23, 2006.
Motion by Mr. Godfrey, seconded by Ms. Hartley, to accept staffs recommendation to
postpone Case No. 05 -00130 until March 23, 2006. Vote on the motion carried
unanimously.
3. Case No. 06 -00001 — Violation of Section 104.1.1 and 105.4 Florida Building
Code - Permits & Inspections. of the Cape Canaveral Code of Ordinances. (211
Caroline St.) — Palms East, LLC, c/o Jeffrey W. Wells, 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
respondent had replaced air conditioning units without the required mechanical permit.
Toni Abel, property manager, testified that they had hired a contractor to replace several
a/c units, and they were under the impression that the contractor had pulled the required
permits. Ms. Able stated that when they contacted the contractor to pull the permits, the
contractor left the country. Ms. Able further stated that they hired Britt's NC Company to
certify the work already completed and obtain the required permits for the unpermitted
units as well as the remaining units.
Officer Alexander respectfully requested that the Board find case number 06 -00001 in
violation of Section 104.1.1 and 105.4, Florida Building Code - Permits & Inspections, and
be given until March 23, 2006 to obtain the required permits and approved final
inspections. 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. Godfrey, seconded by Mr. Veins, to accept staffs recommendation and
find the respondent in violation of Section 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 -fine dollars ($25.00) per
day thereafter. Vote on the motion carried unanimously.
• •
Code Enforcement Board
Meeting Minutes
February 23, 2006
Page 4
REPORTS — LIENS FILED:
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. (Lien filed 2/2/06)
Code Enforcement Officer, Duree Alexander reported to the Board that Ms. Ruzzo was
not in compliance by the date given; therefore a lien has been filed against the property in
the amount of five hundred dollars ($500.00) per day.
2. Case No. 05 -00099 — Violation of Section 104.1.1 and 105.4 Florida Building
Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (216
Polk Ave.) — Timothy J. Seppi, Property Owner. (Lien filed 2/10/06)
Code Enforcement Officer, Duree Alexander reported to the Board that a lien was filed on
the property in the amount of fifty dollars ($50.00) for the first day and twenty -five dollars
($25.00) for each day thereafter. Officer Alexander stated that the respondent is working
to come into compliance.
3. Case No. 05 -00113 —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. (Lien filed 1/27/06)
Code Enforcement Officer, Duree Alexander reported to the Board that a lien was filed in
the amount two hundred and fifty dollars ($250.00) for the first day and one hundred
dollars ($100.00) for each day thereafter. Officer Alexander stated that the respondent is
working to come into compliance.
ADJOURNMENT:
There being no further business the meeting adjourned at 7:42 P.M.
Approved on this.Z3ay of `eu , 2006.
Joy Lombardi, Board Secretary
Mary Ru - II, Chairperson