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HomeMy WebLinkAboutMinutes 04-20-2006CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 20, 2006 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 20, 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 Chairperson Walter Godfrey Vice Chairperson Karen Hartley Craig Stewart Raymond Viens Edward Ciecirski 1st Alternate MEMBERS ABSENT Charles Biederman James Hale OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Bob Hoog Leo Nicholas Code Enforcement Officer Board Secretary Assistant City Attorney City Council Member City Council Member The Board members established that the next meeting would be held on May 25, 2006. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meetina Minutes: March 23. 2006. Motion by Mr. Stewart, seconded by Mr. Viens, to approve the meeting minutes of March 23, 2006, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 20, 2006 Page 2 2. Interview Perspective Board Member, Lynn Mars. Lynn Mars was not present at the meeting. COMPLIANCE HEARINGS: 1. 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 stated that staff has requested an amendment to the Board Order dated November 17, 2005; increasing the fine previously established, due to the fact that the Respondent has not attempted to come into compliance with the ground sign. Officer Alexander respectfully requested that the Board find the Respondent in non- compliance of the Board Order dated November 17, 2006, and increase the fine previously established to two hundred fifty dollars for the first day and one hundred fifty dollars for everyday thereafter until the violation is corrected. Discussion followed. Motion by Ms. Hartley, seconded by Mr. Ciecirski, to accept staffs recommendation to amend the Board Order increasing the fine to two hundred fifty dollars ($250.00) for the first day and one hundred fifty dollars ($150.00) for each day thereafter, due to the Respondents failure to respond to the Notice of Hearings, and not acting on the violation. Brief discussion followed. Vote on the Motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 05 -00123 — Violation of Section 104.1.1. and 105.4. Florida Building C de - Permits & Inspections. of the City of Cape Canaveral Code of Ordinances, (405 Holman Rd.) — Sandra Butler. 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 Respondent constructed a deck without the required permit and inspections. Officer Alexander stated that the Respondent has applied for the permit; however additional information was requested; including a site plan, height of deck, an electrical plan, and a plumbing plan. Officer Alexander further stated that decks lower than thirty inches from grade are exempt from permitting; however a permit would still be required for the electrical and plumbing work. Ms. Hartley questioned weather or not the area could be designated wetlands. Officer Alexander stated that she would contact St. John River Water Management to determine weather or not the area is designated as wetlands. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 104.1.1, and 105.4, Florida Building Code — Permits and Inspections, of the Cape Canaveral Code of ordinances, and be given until May 25, 2006 to come into • • Code Enforcement Board Meeting Minutes April 20, 2006 Page 3 compliance or be fined fifty dollars ($50.00) for the first day and twenty -five dollars ($25.00) for each day thereafter until the violation is corrected. Discussion followed. Motion by Mr. Stewart, 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 and Inspections, and be given until May 25, 2006 to come into compliance or be fined fifty dollars ($50.00) for the first day and twenty -five dollars ($25.00) for each day thereafter until the violation is corrected. Brief discussion followed regarding the possible wetlands. Vote on the motion carried unanimously. 2. Case No. 06 -00008 — Violation of Section 110.13, National Electric Code (NEC) — Mounting and Cooling of Equipment, Section 312.2, NEC — Damp and Wet Locations, Section 334.15 NEC — Exposed Work, of the Cape Canaveral Code of Ordinances, (237 Cherie Down La.) — Michael & Maurice P. Lindsey, Property Owner. Code Enforcement Officer, Duree Alexander requested that this Case be postponed until the May 25, 2006 meeting date, due to the fact that the Respondent was not properly noticed. 3. Case No. 06 -00009 — Violation of Section 30 -27. Alarm Permit Required; Section 30 -32, Disconnection of Alarm System; and Section 30 -34, Failure to Disconnect. or Unauthorized Re- Connection of the 'Alarm System. of the Cape Canaveral Code of Ordinances, (8050 N. Atlantic Ave.) — Pravin & Jyostna Patel. 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 Respondent is in violation of numerous false alarms, and failure to disconnect the alarm system. Officer Alexander stated that staff has requested the Board order the respondent to disconnect the system, due to the long history of false alarms reported every year. The Board asked what time of day the false alarms were reported. Officer Alexander replied the reports were at night after the business was closed. Mr. Godfrey stated that if someone rattled the doors, and the alarm went off, then the system is working. Officer Alexander stated that other businesses in the City do not have this problem. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 30 -32, Disconnection of Alarm System; and Section 30 -34, Failure to Disconnect or Unauthorized Re- Connection of the Alarm System, of the Cape Canaveral Code of Ordinances, and order the Respondent to disconnect the alarm system within fifteen days of the receipt of the Board Order or be fined two hundred fifty dollars ($250.00) for each day until found in compliance. Bob Hoog, City Council Member, testified that he took care of the alarm system at the Beach Pawn Shop that had a similar problem. Mr. Hoog stated that the air conditioning system would cause the banners to move and would set off the motion censers. Mr. Hoog further stated that rattling doors would not set off the alarm until the door opened and broke the magnet connection. Code Enforcement Board Meeting Minutes April 20, 2006 Page 4 The Board voiced their concerns regarding the liability of the City, if the business were to be ordered to disconnect the alarm system. Assistant City Attorney Latorre stated that the Code of Ordinances would protect the City. Officer Alexander stated that the City has sent many notices for the false alarms, and has waived fees to resolve the issue with the business owner. Assistant City Attorney Latorre further stated that the City Ordinance has a specific penalty for false alarm, per section 115, limiting the fine to five hundred dollars ($500.00) maximum. Motion by Mr. Stewart, seconded by Mr. Viens, to accept staffs recommendation to find the Respondent in violation of Sections 30 -32 and 30 -34 and be given 15 days to disconnect the alarm system or be fined five hundred dollars ($500.00). Vote on the motion carried unanimously. 4. Case No. 06 -00013 — Violation of Section 94 -11, Maintenance, Notice to Repair; Section 94-61, Restrictions on Placement; and Section 22 -40, Approval Prerequisite for Permits, of the Cape Canaveral Code of Ordinances, (8090 Astronaut Blvd.) — Canaveral #30061 Inc., c/o Fredrick Ramirez, 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 is in need of repair and the excess signage has not been removed from the back wall on the property. Officer Alexander stated that the Respondent has to go to the Community Appearance Board for approval and apply for the building permit. Officer Alexander further stated that she received a call from the corporate office and believes they are working to bring the property into compliance. Officer Alexander respectfully requested that the Board find the Respondent in violation of Section 94-11, Maintenance, Notice to Repair; and Section 94- 61(c), Restrictions on Placement, of the Cape Canaveral Code of ordinances, and be given until June 22, 2006 to come into compliance or be fined one hundred dollars ($100.00) for the first day and seventy -five dollars ($75.00) for each day thereafter until the violation is corrected. Motion by Mr. Stewart, seconded by Mr. Viens, to accept staffs recommendation to find the Respondent in violation of Section 94-11, and Section 94 -61(c) and come into compliance by June 22, 2006 or be fined one hundred dollars ($100.00) for the first day and seventy -five dollars ($75.00) for each day thereafter until the violation is corrected. Brief discussion followed. Vote on the motion carried unanimously. DISCUSSION: Chairperson Russell asked what the status was on the Magma Trading Corporation property, and if Mr. Hardick signed the Consent Agreement regarding the demolition of the building. Assistant City Attorney Latorre replied that Mr. Hardick did sign the Order; however, Mr. Hardick's attorney only returned a copy of the Order to their office. Attorney Latorre went on to say that their office is now pursuing the original Agreement so they can record the original in public record. Officer Alexander presented photos to the Board with an update on the property. Officer Alexander stated that the door on the side of the building is standing open and the Sheriffs department called and stated that there were people inside the building again. Code Enforcement Board Meeting Minutes April 20, 2006 Page 5 Officer Alexander further stated that the property is not being maintained as agreed; the grass is overgrown again, the sign is not covered, and there is trash and debris on the property. The City has notified the Respondent's attorney. Attorney Latorre stated that the City may be able to take action and impose a lien, regarding the maintenance so that the building not such a nuisance. ADJOURNMENT: There being no further business the meeting adjourned at 8:58 P.M. da 2006. Approved on this � y of // , Mary Ru ,joy Lombardi, Board Secretary II, Chairperson