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HomeMy WebLinkAboutMinutes 11-30-2006CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES NOVEMBER 30, 2006 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on November 30, 2006, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Acting Chairperson Craig Stewart called the meeting to order at 7:05 PM. The Board Secretary called the roll. MEMBERS PRESENT Charles Biederman James Hale Craig Stewart Edward Ciecirski Lynn Mars MEMBERS ABSENT Mary Russell Walter Godfrey Karen Hartley Raymond Viens OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Bob Hoog Shannon Roberts 1st Alternate 2 "d Alternate Chairperson Vice Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney Mayor Pro Tem City Council Member The Board members established that the next meeting would be held on January 18, 2007. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: October 19. 2006. Motion by Mr. Biederman, seconded by Mr. Ciecirski, to approve the meeting minutes of October 19, 2006, as written. Vote on the motion carried unanimously. • • Code Enforcement Board Meeting Minutes November 30, 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. Officer Alexander testified that the Case was found in compliance on October 19, 2006. Officer Alexander further stated that by power of attorney, David Anderson is requesting a satisfaction of the Code Enforcement Lien on behalf of Paul Jindra, property owner. Officer Alexander respectfully requested that the Code Enforcement Board deny the respondent's request to satisfy the lien in the amount of $116,000.00 and order the respondent to pay a reduced amount of $2,676.40. The reduced amount represents the reimbursement to the City of Cape Canaveral for inordinate expenses incurred during the Code Enforcement investigation and processing of the violation. David Anderson testified that Paul Jindra has vacated the premises; all the animals have been removed; the condominium unit has been cleaned; and there is no odor present. Mr. Anderson requested that the Board waive all fines and release the lien due to the fact that Mr. Jindra is in ill health and in extreme financial hardship. Mr. Anderson stated that any consideration would be appreciated. After hearing testimony from both parties, the consensus of the Board was that the City should be reimbursed for the expenses incurred. Motion by Mr. Ciecirski, seconded by Mr. Hale, to recommend City Council release the lien upon payment of the administrative costs in the amount of two thousand six hundred and seventy -six dollars and forty cents ($2,676.40). Discussion followed. Motion by Mr. Ciecirski, seconded by Mr. Hale, to amend the Motion to require the respondent to pay the administrative costs within 30 days of City Council's approval. Vote on the amended Motion carried by majority, with Craig Stewart voting against. Vote on the original Motion carried by majority, with Craig Stewart voting against. 2. 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 resolved the main issues of concern on the property by repairing the pool and cleaning up the yard; however, the respondent is not in full compliance of the Board Order due to the fact that the soffits and fence remain in a state of disrepair. Officer Alexander testified that the fence could admit toddlers into the pool area. • • Code Enforcement Board Meeting Minutes November 30, 2006 Page 3 Officer Alexander respectfully requested that the Code Enforcement Board find the respondent in non - compliance of the Amended Code Enforcement Board Order dated October 20, 2006 and impose the fine of $250.00 dollars per day beginning on October 30, 2006. Joe Miniclier, Esq., testified that Mr. Baadjieff is deceased and that there are no funds available to repair the property as ordered. Mr. Miniclier stated that he has initiated the repair of the pool, removed the trash and debris, trimmed the trees, and cut the grass. Mr. Miniclier further stated that they would like to sell the property 'as is' and let the new owners repair the soffitting on the house. Discussion followed regarding the repair of the fence. Motion by Mr. Ciecirski, second by Mr. Hale, to find the respondent in compliance and amend the Board Order to remove the requirement to repair the soffits; and with the condition that the respondent repairs the fence within 7 days. Vote on the Motion carried unanimously. 3. 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 permit has been issued for the air conditioning work but not for the electrical renovations. Therefore the respondent is not in compliance. Officer Alexander respectfully requested that the Code Enforcement Board find the respondent in non - compliance of the Code Enforcement Board Order and impose the fine of $150.00 dollars for the first day and $100.00 dollars per day thereafter. Dubiel Roman, representative for Coral Bay Developers, stated that he was not aware of the problems with this project and explained that he would be taking over the responsibility for this job. Mr. Roman further stated that a new electrician has applied for a permit and asked the Board for another thirty (30) day extension in order to give him the opportunity to come into compliance. Officer Alexander stated that staff has offered assistance in working with this developer and gave them a reasonable amount of time to come into compliance. Furthermore, Mr. Amaya, contractor and representative for Coral Bay Developers, was granted an additional thirty 30 day extension. Officer Alexander requested that the Board imposed the fines to insure the developer comes into compliance. Motion by Mr. Hale, seconded by Mr. Biederman, to accept staff's recommendation and find the respondent in non - compliance and impose the fine in the amount of 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. • • Code Enforcement Board Meeting Minutes November 30, 2006 Page 4 4. 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 testified that this Case is in compliance. PUBLIC HEARINGS: 1. Case No. 06 -00065 — Violation of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (8305 Rosalind Ave.) — Ish K. Aneja, 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 replaced windows 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 and be given until December 30, 2006 to come into compliance or be fined one hundred dollars ($100.00) per day until found in compliance. Discussion followed regarding the amount of time to come into compliance. Motion by Mr. Biederman, seconded by Mr. Hale, to find the respondent in violation and be given until December 15, 2006 to come into compliance or be fined one hundred dollars ($100.00) per day. Vote on the motion carried unanimously. 2. Case No. 06 -00100 — Violation of Section 110 -467 Garage Sales: and Section 110 -522 Requirements. of the City of Cape Canaveral Code of Ordinances. (7901 Ridgewood Ave.) — Giuseppe Conoscenti, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. ADJOURNMENT: There being no further business the meeting adjourned at 8:24 P.M. Approved on this ;t? i 'day of aiu v7 , 2007. Joy Lombardi, Board Secretary Craig Ste art ing Chairpe son