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Home My WebLink AboutMinutes 03-23-2006CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 23, 2006 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on March 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 James Hale Karen Hartley Craig Stewart Raymond Viens MEMBERS ABSENT Walter Godfrey Charles Biederman OTHERS PRESENT Duree Alexander Joy Lombardi Anthony Garganese Todd Morley Chairperson Vice Chairperson Code Enforcement Officer Board Secretary City Attorney Building Official The Board members established that the next meeting would be held on April 20, 2006. City Attorney Garganese swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: February 23. 2006. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of February 23, 2006, as written. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes March 23, 2006 Page 2 2. Interview Perspective Board Member, Edward Ciecirski. Edward Ciecirski stated that the Code Enforcement Board was his first choice because he felt like it is an important Board, and it would give him the opportunity to give back to the community. Mr. Ciecirski further stated that he is the President of the Hidden Harbor Condominium Association, retired from the Army Reserve, and the United States Postal Service, and currently the office manager of the Re -Max office in Cocoa Beach. Mr. Stewart questioned if Mr. Ciecirski ever served on a Board. Mr. Ciecirski responded that he has not, but that he has observed the City Council meetings. City Attorney Garganese gave a brief overview of the Board's responsibility. Discussion followed. Motion by Hale, second by Ms. Hartley, to recommend that City Council appoint Edward Ciecirski as a first alternate member to the Code Enforcement Board. COMPLIANCE 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 requested an extension for this Case until June 22, 2006. Motion by Mr. Stewart, seconded by Mr. Hale, to accept staffs recommendation to extend Case No. 05- 00058. Vote on the Motion carried 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.) — DBNCH Circle, LLC, c/o Kevin R. Roberts. R.A. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. 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.) — Svend A. & Patricia L. Olesen. Co- Trustees. Code Enforcement Officer, Duree Alexander requested a 90 -day extension for this Case. Motion by Mr. Stewart, seconded by Mr. Hale, to accept staffs recommendation to extend Case No. 05 -00094 for 90 days. Vote on the Motion carried unanimously. • Code Enforcement Board Meeting Minutes March 23, 2006 Page 3 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. 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 Board had heard this Case on November 17, 2005; the respondent was found in violation, and given until January 19, 2006 to come into compliance. At the Januaryl9, 2006 Hearing, at the request of the Respondent, staff requested the Compliance Hearing be continued until March 23, 2006. Officer Alexander submitted a Notice of Non - Compliance to the Board. Officer Alexander testified that, after the City gave the Respondent several options to come into compliance with the sign, the violation still exists. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Viens, to find the Respondent in non - compliance with the Board Order. Vote on the motion carried unanimously. 5. 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 testified that this Case was in compliance. 6. 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 testified that this case was in compliance. PUBLIC HEARINGS: 1. 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: Section 304.2. Structural Members; 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 provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander presented a Consent Agreement, between Magma Trading Corporation and the City of Cape Canaveral for the Board's approval. Officer Alexander read the Findings and Facts to the Board and stated that the Respondent was provided a Notice of Hearing. • • Code Enforcement Board Meeting Minutes March 23, 2006 Page 4 City Attorney Garganese stated that the Respondent's attorney verbally indicated that his client had agreed to the Consent Order. Officer Alexander asked if the Board had any questions regarding the Consent Agreement. Mr. Hale questioned item (i) "...removal of all underground storage tanks." Officer Alexander stated that the Respondent claims that the tanks were removed several years ago. Mr. Hale stated that he saw the tanks in the ground a few months ago when the Respondent dug them up. Mr. Hale further stated that the excavation occurred on a Saturday. Mr. Stewart stated that he saw them digging up the property, but never saw any tanks removed. Todd Morley, Building Official, testified that the Respondent stated that the tanks have been removed and inspected by Brevard County Department of Natural Resources. Mr. Morley stated that he asked the Respondent to provide the documentation from the Brevard County Department of Natural Resources. Mr. Morley further stated that Mr. Hardick, or any future property owner, will be required to abide by all regulatory agency requirements regarding the tanks and possible contamination of the soil. Building Official Morley explained that the request for the Department of Natural Resources documentation was an attempt to protect any potential buyer of the property. City Attorney Garganese stated that the Order will be recorded with the County, and any buyer will be aware of the fact that there had previously been a gas station on the property. Mr. Garganese further stated that item (i) requires the Respondent to provide evidence that the tanks were removed properly. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Hale, to approve the Order for Case No. 05- 00130. Vote on the motion carried unanimously. 2. Citation No. 0010 — Violation of Section 82 -375 of the Cape Canaveral Code of ordinances: and Section 489.127 Florida Statutes. Arthur Rhyne. Unlicensed Contractor/Work Without a Permit. (8408 Canaveral Blvd.). 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 was caught doing re- roofing work without the required license and without a permit. Therefore, a Citation was issued. Officer Alexander stated that the Respondent failed to either pay the Citation within ten days, or request an administrative hearing before the Code Enforcement Board. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 82 -375 of the Cape Canaveral Code of ordinances; and Section 489.127, Florida Statue; and the Respondent be required to pay the fine as set forth in Citation No. 0010, issued on January 31, 2006. Discussion followed. • • Code Enforcement Board Meeting Minutes March 23, 2006 Page 5 Todd Morley, Building Official, stated that he and Officer Alexander met with Mr. Rhyne and asked him if there was any reason why the Citation should not be issued. Mr. Rhyne had replied that he could not think of any, and he knew when he signed the contract that it was wrong. Motion by Ms. Hartley, seconded by Mr. Veins, to accept staffs recommendation and find the Respondent in violation and enter an Order imposing the fine in the amount of Five Hundred Dollars ($500.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:04 P.M. Approved on this ® 7lay of , 2006. Mary ' us Q , Chairperson Joy Lombardi, Board Secretary