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Home My WebLink AboutMinutes 08-17-2006• • CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES AUGUST 17, 2006 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 17, 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 Charles Biederman James Hale Karen Hartley Craig Stewart Edward Ciecirski Lynn Mars MEMBERS ABSENT Chairperson 1st Alternate 2 "d Alternate Walter Godfrey Vice Chairperson Raymond Viens OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on September 21, 2006. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 20. 2006. Motion by Mr. Biederman, seconded by Mr. Hartley, to approve the meeting minutes of July 20, 2006, as written. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes August 17, 2006 Page 2 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 testified that the Case is in non - compliance of the Board Order. Officer Alexander stated that on July 25, 2006, a permit application was submitted requesting the renovations of the existing ground sign. Officer Alexander further stated that if the permit application is denied, based on the location, the applicant could appeal the decision to the Construction Board of Adjustment. Officer Alexander explained that the Construction Board of Adjustment's decision would be final. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of the Board Order and impose the fines previously established. Attorney Seth Chipman, representative for JWL, LLC, ask the Board to consider the circumstances surrounding this Case and not impose the fines. Mr. Chipman explained that the respondent is working to resolve the issues with the sign, however the sign can not be repaired beyond 50% of the value because of the nonconforming location of the sign, and there is no way to move the sign. Therefore, if the permit application for renovations is denied, the respondent will appeal to the Construction Board of Adjustment. Mr. Chipman stated that it would be more work for everybody involved to impose the fines at this time and have to request a satisfaction or reduction of lien at a later date. Discussion followed. Motion by Stewart, seconded by Mr. Hale, to postpone Case No. 05- 000101 until the October 19, 2006 meeting. Vote on the motion carried with a 6 to 1 majority vote, with Ed Ciecirski abstaining from the vote due to a potential conflict of interest. 2. Case No. 05 -00123 — Violation of Section 104.1.1. and 105.4. Florida Building Code - Permits & Inspections. of the City of Cape Canaveral Code of Ordinances, (405 Holman Rd.) — Sandra Butler. Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 06 -00030 — Violation of Section 104.1.1. and 105.4. Florida Building Code - Permits & Inspections: Section 96 -6. Prohibited Signs: and Section 22 -40, Approval Prerequisite for Permits. of the City of 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 has erected a sign without the required permit, placed it in a prohibited location, and installed it without approval of the Community Appearance Board. • • Code Enforcement Board Meeting Minutes August 17, 2006 Page 3 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; Section 96 -6, Prohibited Signs; and Section 22 -40, Approval Prerequisite for Permits, and be given until September 21, 2006 to come into compliance or be fined $100.00 for the first day and $75.00 for everyday thereafter. Mr. Patel testified that he would make an appointment to speak with Officer Alexander regarding the placement of the sign and permitting. Motion by Mr. Stewart, seconded by Mr. Hale, to accept staffs recommendation and find the respondent in violation of Section 104.1.1, and 105.4 Florida Building Code, Permits and Inspections; Section 96 -6, Prohibited Signs; and Section 22 -40, Approval Prerequisite for Permits, and be given until October 19, 2006 to come into compliance or be fined $100.00 for the first day and $75.00 per day thereafter. Vote on the Motion carried unanimously. 2. Case No. 06 -00048 — Violation of Section 30 -30, Response to Alarm Activation, of the City of Cape Canaveral Code of Ordinances, (218 Jackson Ave.) — Thomas J. Mettee, 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 failed to respond to an activated alarm within the required amount of time. Officer Alexander read a letter, Exhibit A, from the property owner stating that the alarm has been disconnected. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 30 -30, Response to Alarm Activation, and be required to pay a fine in the amount of one hundred and fifty dollars ($150.00) within 15 days of receipt of the Board Order. Motion by Mr. Stewart, seconded by Ms. Hartley, to accept staffs recommendation and find the respondent in violation of Section 30 -30, Response to Alarm Activation, and be fined one hundred and fifty dollars ($150.00) due no later than 15 days from the receipt of the Board Order. Vote on the motion carried unanimously. 3. Case No. 06 -00049 — Violation of Section 302. and 302.1. International Property Maintenance Code. 1998 - Exterior Property Areas & Sanitation. of the Cape Canaveral Code of Ordinances. (342 Coral Dr.) — Anastas A. Baadjieff, 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 has been cited for the unsanitary condition of the swimming pool. Officer Alexander further stated that the respondent is deceased and the property is currently in probate. Officer Alexander read a letter, Exhibit B, from Attorney Miniclier, which stated that the property is in probate; there are no funds available to correct the violation; and further requested an extension of 120 days. • • Code Enforcement Board Meeting Minutes August 17, 2006 Page 4 Officer Alexander respectfully requested that the Board find the respondent in violation and be given an extension of 60 days. Upon the expiration of the extension, the case shall be presented to the Board to evaluate the condition of the pool. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Hale, to find the respondent in violation and be given until September 21, 2006 to come into compliance. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:35 P.M. Approved on this 19th day of October, 2006. Joy Lombardi, Board Secretary Mary ell, Chairperson