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HomeMy WebLinkAboutMinutes 10-19-2006CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES OCTOBER 19, 2006 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 19, 2006, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Vice Chairperson Walter Godfrey called the meeting to order at 7:00 PM. The Board Secretary called the roll. Vice Chairperson MEMBERS PRESENT Walter Godfrey Charles Biederman James Hale Karen Hartley Craig Stewart Lynn Mars MEMBERS ABSENT Mary Russell Raymond Viens Edward Ciecirski OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Mike Richart 2 "d Alternate Chairperson 1st Altemate Code Enforcement Officer Board Secretary Assistant City Attorney Code Enforcement Officer The Board members established that the next meeting would be held on November 30, 2006. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: August 17. 2006. Motion by Mr. Biederman, seconded by Mr. Hale, to approve the meeting minutes of August 17, 2006, as written. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes October 19, 2006 Page 2 COMPLIANCE HEARINGS: 1. Case No. 05 -00043 — Violation of Section 34-96 Standards Established, of the Cape Canaveral Code of Ordinances, (605 Shorewood Dr.) — Paul Jindra, Property Owner. Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that Walter Bandish, Assistant Public Works Director; Duree Alexander, Code Enforcement Officer; Douglas Seeley, Property Manager; and David Anderson met on the property on October 16, 2006. Officer Alexander stated that, with numerous ozone machines running and the carpeting replaced, there was no odor present. On October 19, 2006, Mr. Bandish conducted another site inspection after the machines had been turned off and the unit had been closed up. His inspection indicated that there was no odor present. Officer Alexander respectfully requested that the Board find the respondent in compliance and amend the Board Order to remove the condition that required the Respondent to obtain a report from an Environmental Specialist. Motion by Mr. Stewart, seconded by Mr. Hale, to find Mr. Jindra in compliance and amend the Board Order to remove the Environmental Specialist report previously required. Vote on the Motion carried unanimously. 2. 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 respondent submitted a permit application to renovate the existing ground sign. Officer Alexander further stated that the proposed submittal would bring the sign into compliance. Officer Alexander respectfully requested that the Board give the respondent until January 25, 2007 to come into compliance. Discussion followed. Motion by Stewart, seconded by Mr. Hale, to give the respondent until January 25, 2007 to come into compliance. Vote on the Motion carried unanimously. 3. 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 testified that this Case is in compliance. • • Code Enforcement Board Meeting Minutes October 19, 2006 Page 3 4. 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. Baadiieff, 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 condition of the property is worsening. The property is overgrown, the soffits are falling down, the fence is in need of repair, and the pool water is black. Kate Latorre, Assistant City Attorney, stated that she has been in contact with Attorney Joseph Miniclier, who has received the papers today from the Court to take over the property since the owner's death. Attorney Miniclier stated that they have hired a pool contractor and would be working to clean up the property. Officer Alexander respectfully requested that the Board find the respondent in violation of IPMC Chapter 302, Sec. 302.1 Sanitation and enter an Order in the amount of one hundred dollars ($100.00) for the first day and seventy -five dollars ($75.00) for each day thereafter until the respondent comes into compliance. Discussion followed. Motion by Mr. Stewart, second by Mr. Hale, to find the respondent in violation and be given until October 30, 2006 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day. Vote on the Motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 06 -00056 — Violation of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (431 Monroe Ave.) — Coral Bay Developers. LLC, c/o Sidney Z. Brodie. 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 has installed air conditioning units and electrical panels without the required permits and inspections. Officer Alexander further stated that the original permit had expired. 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; and be given until November 30, 2006 to come into compliance or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) for everyday thereafter. Don Anderson, representative for All Temp Rite, testified that the original permit had expired and he has obtained a replacement permit for the work. Zamir Amaya, representative for Coral Bay Developers, stated that he has submitted and application for a permit for the electrical portion of the work and is working with the Building Department to obtain that permit. • Code Enforcement Board Meeting Minutes October 19, 2006 Page 4 Officer Alexander asked Mr. Amaya if 30 days would be enough time to come into compliance. Mr. Amaya replied that 30 days would be enough time. Motion by Mr. Stewart, seconded by Mr. Hale, to accept staffs recommendation and find the respondent in violation and be given until November 30, 2006 to come into compliance or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter. Vote on the Motion carried unanimously. 2. Case No. 06 -00058 — Violation of Section 80 -26, Required; Section 80 -3, Licenses and fees to be in addition to other taxes and charges; Section 70 -71, Engaging in business without paying tax or making reports; Section 70 -72, Evidence of engaging in business; Section 80 -4. Compliance. of the City of Cape Canaveral Code of Ordinances. (8501 Astronaut Blvd.) — Pantelis Markogiannakis, 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 advertising and operating (2) taxi businesses without the required licenses, and a travel /shipping company without the required licenses. Debbie Markogiannakis testified that Harry, business owner, has started the process of obtaining the occupational license for his business. Mrs. Markogiannakis further stated that if her tenant doses not comply with the City he would be evicted from the property. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 80 -26, Required; Section 80 -3, Licenses and fees to be in addition to other taxes and charges; Section 70 -71, Engaging in business without paying tax or making reports; Section 70 -72, Evidence of engaging in business; Section 80 -4, Compliance, of the City of Cape Canaveral Code of Ordinances; and be given until November 30, 2006 to come into compliance or be fined seventy -five dollars ($75.00) for the first day and fifty dollars ($50.00) for each day thereafter. Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staffs recommendation and find the respondent in violation and be given until November 30, 2006 to come into compliance or be fined seventy -five dollars ($75.00) for the first day and fifty dollars ($50.00) for each day thereafter. Vote on the motion carried unanimously. 3. Case No. 06 -00068 — Violation of Section 108.1.1. 303.1. and 303.11, International Property Maintenance Code — Unsafe structures & Stairways. Decks, Porches. and balconies. of the Cape Canaveral Code of Ordinances. (616 Monroe ,Ave.) — Lisa R. & Marc Stuart & Sliberman. Property Owner. Code Enforcement Officer, Duree Alexander stated that the Case be withdrawn from the agenda due to the fact that proof of proper notification had not been received. • • Code Enforcement Board Meeting Minutes October 19, 2006 Page 5 4. Case No. 06 -00085 — Violation of Section 82 -12, Unsafe building or systems; and Sections 108.1, 108.1.1, and 304.3, International Property Maintenance Code — Unsafe structures & Interior surfaces, of the Cape Canaveral Code of Ordinances, (7554 Magnolia Ave.) — Trste, LLC; c/o Joseph E. Seagle, 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 on August 31, 2006, a site inspection was made with Dennis Clements, building inspector. Due to the condition of the roof, an "Unsafe" placard was posted on the property. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 82 -12, Unsafe Building or Systems; IPMC, Section 108.1, 108.1.1 and 304.3 Unsafe Structures & Interior Surfaces, of the Cape Canaveral Code of Ordinances and be given until January 25, 2007 to come into compliance or be fined in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) for everyday thereafter until found in compliance. Officer Alexander recommended that no one live in any part of the structure until the required repairs are made. Discussion followed. Motion by Mr. Biederman, seconded by Mr. Stewart, to accept staffs recommendation and find the respondent in violation and be given until January 25, 2007 to come into compliance or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) for everyday thereafter until found in compliance. Vote on the motion carried unanimously. 5. Case No. 06 -00096 — Violation of Section 70 -69, License required; payment of tax Prerequisite to issuance; Section 70 -71, Engaging in business without paying tax or making reports; Section 80 -4, Compliance; Section 80 -26. Certificate of Public Convenience and Necessity, License; Section 110 -551. Location of recreational vehicles. camping equipment. boats and boat trailers. of the Cape Canaveral Code of Ordinances. (176 Anchorage Ave.) — James R. & Mary L. Rao. Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander tested that John Wilkerson is advertising and operating a cab company without the required license. Officer Alexander further stated that Mr. Wilkerson indicated that he was not operating from that address. Officer Alexander requested a copy of the license and a letter stating that he is not operating from that location; neither of which has been received. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 70 -69, License Required; Payment of Tax Prerequisite to issuance; Section 70- 71, Engaging in Business Without Paying Tax or Making Reports; Section 80 -4, Compliance; Section 80 -26, Certificate of Public Convenience and Necessity, of the Cape Canaveral Code of Ordinances and be given until November 30, 2006 to come into compliance by: obtaining the required licenses; or ceasing the operation and all advertisement in the residential district. Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staffs recommendation and find the respondent in violation and be given until November 30, 2006 to come into compliance. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes October 19, 2006 Page 6 6. Case No. 06 -00097 — Violation of Section 34-97, Duties and responsibilities for maintenance; Section 34 -122, Public nuisances prohibited; Section 34 -126, Remedy by the City; Section 34- 98(4), Building Appearance and Maintenance; Section 302, International Property Maintenance Code, 1998 — Rodent Harborage, of the Cape Canaveral Code of Ordinances, (116 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 respondent has been found in violation on January 19, 2006 for the condition of the property and a lien has been filed against the property on January 25, 2006. Officer Alexander respectfully requested that the Board find the respondent to be a recurring or repeat violator of the following violations of Chapter 34, Section 122, "Public nuisances prohibited "; Chapter 34, Section 98, "Building appearance & maintenance "; IPMC 302, Rodent harborage; Chapter 34, Section 97(6), Source of Infestation and a fine be imposed not to exceed five hundred dollars ($500.00) per violation per day for as long as the violation continues to exist on the property. Discussion followed regarding whether the respondent can be considered a repeat violator and be fined the maximum fines of five hundred dollars ($500.00) per day. Kate Latorre, Assistant City Attorney, stated that she would report back to the Board. The Board stated that they could increase the fine on the first violation to the maximum penalty of two hundred and fifty dollars ($250.00) per day. Motion by Mr. Godfrey, seconded by Ms. Hartley, to amend the Board Order and increase the fine to two hundred and fifty dollars ($250.00) per day. Motion by Mr. Stewart, seconded by Mr. Godfrey, to amend the Motion to require the respondent to clean up the property within 10 days or the City will mow the lot and bill the property owner or file lien against the property in addition to the active lien. Vote on the amended Motion carried unanimously. Vote on the original Motion carried unanimously. 7. Case No. 06 -00098 — Violation of Section 70 -69. License required: payment of tax prerequisite to issuance; Section 70 -71. Engaging in business without paying tax or making reports: Section 80 -4. Compliance: Section 80 -26. Certificate of Public Convenience and Necessity. License: Section 110 -551. Location of recreational vehicles. camping equipment. boats and boat trailers. of the Cape Canaveral Code of Ordinances, (156 Anchorage Ave.) — James R. & Mary L. Rao. 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 operating and advertising a business without the required licenses. Officer Alexander stated that Dave Rowsy, business owner, provided a copy of his occupational license from Brevard County and a letter stating that he does not operate the business from the Cape Canaveral location. • • Code Enforcement Board Meeting Minutes October 19, 2006 Page 7 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 70 -69, License Required; Payment of Tax Prerequisite to issuance; Section 70- 71, Engaging in Business Without Paying Tax or Making Reports; Section 80 -4, Compliance; Section 80 -26, Certificate of Public Convenience and Necessity, of the Cape Canaveral Code of Ordinances and be given until November 30, 2006 to come into compliance by: obtaining the required licenses; or ceasing the operation and all advertisement in the residential district. Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staffs recommendation and find the respondent in violation and be given until November 30, 2006 to come into compliance. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjoumed at 9:20 P.M. Approved on this 30th day of November, 2006. Joy L6n1bardi, Board Secretary Walter Godfrey, Vice