HomeMy WebLinkAboutCEB MINUTES 06-20-13CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JUNE 20, 2013
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on June 20, 2013, in the Cape Canaveral Public Library Meeting Room at 201 Polk
Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called
the roll.
Mary Russell
Raymond Viens
Walter Godfrey
James Hale
Ralph Lotspeich
Lynn Mars
Duree Alexander
Brian Palmer
Glenn Pereno
Joy Lombardi
Kate Latorre
Chairperson
Vice -Chairperson
Code Enforcement Officer
Code Enforcement Officer
Building Official
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on July 18, 2013.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: May 23, 2013.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of May 23, 2013,
as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 2O.2O13
Page 2
COMPLIANCE HEARINGS:
2. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural
'�A_embers; Section 303.7, Roofs and Drainage, of the International Property Maintenance
Code (1998 edition), as adopted by Section 82-22 1, of the City of Cape Canaveral Code
of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. Nagel, Property Owner.
Code EDfVrcORlerk Officer, [)Uree Alexander, provided GD overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the viO|8UOn is for the
condition of the roof. [ffCGr Alexander stated that, fo||OvviDg 8 Notice of Violation, the
Respondent obtained o re -roof permit for the repairs; hVvvever, the permit has expired without
an approved final inspection. Officer Alexander further stated that the Respondent is
maintaining the exterior but the roof continues tOdeteriorate.
Delores N8gB|' property owner, KeOtdD8d that there is an offer for 8 short S8|8 that the bank has
not responded to. Ms. Nagel stated that if the S8|e does not go th[Ough, the property will go into
fonaC|OSUr8. Ms. Nagel further stated that she is having 8 difficult time trying to get onsvv8[S
from the [e@|t0[O[the bank and iGrequesting three months tOsell the property 0rlet itgOiOthe
bank.
Officer Alexander respectfully requested that the Board find the Respondent in OOD-COOOp|i8nQe
of the 4^ m
Amended Board C}ndHr' and impose 3 fine in the amount of one hundred and fifty
dO||8rG /$150.00\ for the first day and S8veDb+fv8 dO||8rS ($75.00) per day thereafter
retroactively beginning OnJune 21'2O12until found iDcompliance.
Officer Alexander stated that Staff vvoU|d support the additional time requested by the
Respondent.
Motion by Mr. GOdfnay, seconded by Mr. Hale, to amend Staff's recommendation and find the
respondent in non-compliance and be given uOU| September 19, 2013 to CDnn8 into compliance
or impose 8 fine in the amount of one hundred fifty dn||8rS /$15O.00\for the first day and
seventy-five dn||8rS /$75.00\ per day thereafter retroactively beginning OO June 21, 2012 UnU|
found incompliance. Vote onthe motion carried unanimously.
3. Case No. 12-00015 - Violation of Section 105.1, Permit Required; Section 110.1,
inspections General, of the Florida Building Code (2007 edition), as adopted by Section
82-31, of the City of Cape Canaveral Code of Ordinances: an NEC Section 225.61(a),
Clearances over Buildings and Other Structures, (218 Jefferson Ave.) — Robert M.
Barthelme, Property Owner.
Code Enforcement Officer, []u[8e Alexander, provided an overview Ofthe C@G8 history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
work without 8permit. Officer Alexander stated that the Respondent has obtained @ permit and
work has commenced Onthe property.
Robert B8rth8|0*' property owner, sent written request for additional time due to the fact that
he is out Ofstate caring for his elderly mother. Mr. E38rthe|OO8 requested a six months extension.
Code Enforcement Board
Meeting Minutes
June 20'2013
Page 3
Officer Alexander resD8CtfU|k/ requested that the Board find the R86p0Dderk in non-compliance
of the Amended BOGnj C)njer' and be given UDU| September 10. 2013 to come into compliance
Orimpose the fine inthe amount Ofone hundred and fifty dollars /$15O.00\for the first day and
one hundred dOU8rS /$100.00\ per day thereafter retroactively beginning on October 18. 2012
until found incompliance.
Motion by Mr. VienS' seconded by Mr. GOdfpey, to accept Staff's [eco[D[OOOd@tiOn and find the
respondent in non-compliance and be given until September 19, 2O13tOcome into compliance
Or impose 8 fine in the amount of one hundred and fifty dollars ($150.00) for the first day and
One hundred dO||8rS /$100.00\ per day thereafter retroactively beginning On C}CtObe[ 18. 2012
until found incompliance. Vote Onthe motion carried unanimously.
4. Case No. 12-00089 - Violation of Section 105.1, Permit Required; Section 110.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the
City of Cape Canaveral Code of Ordinances, (7108 & 7110 Poinsetta Ave.) — Hung
Thien&Th8DhThi Vu. PnoDertYOwner.
Code Enforcement Officer, Brian Palmer, testified that this Case is in compliance.
PUBLIC HEARINGS:
5. Case No. 13-00024 - Violation of Section 105.1, Permit Required; Section 110.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the
City of Cape Canaveral Code of Ordinances, (120 Jackson Ave.) — Randall Shane
Reynolds Trustee.
Code EDfOrC8nleDt Office[. DUrHe Alexander, provided an 0veni8vv of the C@SH history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
work without @ permit. Officer Alexander stated that, 6O||qvviOg a CU[np|8iDt, 8 site visit n8v88|Qd
8 vvindOvv replacement and roof work being dOD8 by an uD|iC8DSed contractor without 8 permit.
A Citation was issued to the individual and a Stop Work Order was posted on the property.
Officer Alexander explained that permit was issued for the window iDDto||oUOD; however the
final inspection cannot be completed until the engineering for the framing around the window iG
submitted and roof permit isobtained.
G|8DD FzS[8no, Building Official, testified that the vviOdVvv coOtc8CtO[ is not qualified for the
framing of the vV8|| to change the size of the opening. M[ PereDO stated that 8 contractor must
submit permit application and drawings for the framing and the re -roof.
C)ffiC8[ Alexander n9spedƒU||y requested that the Board find the Respondent in violation of
Section 105.1. Permit Required; Section 110.1' |DSpGCtiODS General, of the Florida Building
Code, as adopted by Section 82-31. of the City Of Cape Canaveral Code Of C)rdiD8nC8S, and be
given until July 18'2O13tOcome into compliance 0[impose 8fine iOthe amount Ofone hundred
and fifty dollars ($15O.00)for the first day and seventy-five dollars ($75.00) per day thereafter
until found incompliance.
Code Enforcement Board
Meeting Minutes
June 20' 2813
Page
Motion by M[ Godfrey, seconded by Mr. Vieno'to accept Staff's recommendation and find the
Respondent iOviolation and be given until JUk/ 18. 2013b}come into compliance Orimpose 8
fine in the amount ofone hundred and fifty dollars /$15O.0O\for the first day and seventy-five
do||8n5 ($75.00) per day thereafter VnU\ found in CO0p|iaOCe. Vote on the DOOUOn carried
Un@OiDlOUs|y.
0. Case No. 13-00033 - Violation of Section 34-96(d), Standards Established, of the City of
'6ape Canaveral Code of Ordinances, (107 Anchorage Ave.) — Sea Spray Townhornes
Condominium Association, Inc. c/o K. Stafford R.A,
Code EDk}rC8[DHDt Officer, Bh8O Palmer, requested that this C8S8 be withdrawn from the
agenda due iVnotification.
7. Case No. 13-00037 — Violation of Section 302.1, Sanitation; Section 303.14, Window,
Skylight and Door Frames; Section 304.3, Interior Surfaces, of the International Property
Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape
Canaveral Code of Ordinances, (226 Polk Ave.) — Russell L. Moots, Property Owner.
Code Enforcement Officer, OuRe Alexander, provided an overview Of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
property maintenance. Officer Alexander stated that, fO||nvviDg 3 COnnp|8inL' a site visit revealed
that there were chickens On the pnerniSeS, two broken vvindOvVS. an Untagged boat, an
overgrown |0t. and a deteriorated ceiling. Officer Alexander explained that, f0||OVviDg the NOUC8
of Violation, the Respondent sold the bOat, got rid of the chickens, and cut the grass. She
further stated that the Respondent is not in full CO[np|i8OCe until he repairs the windows and the
ceiling d[yvv@U.
Russell Moots, property owner, testified that hewill have the windows repaired ODThursday Of
next week and the drywall repair is Sm@|| and he would have that repaired also.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
S6CUOD 302.1' Sanitation; GeCUVD 303.14. VVindOxv. Skylight and [}0O[ FnsOneS; Section 304.3'
Interior Surfaces, of the International Property Maintenance Code /1&088ditiOO\. as adopted by
Section O2-221,0fthe City 0fCape Canaveral Code ofOrdinances, and begiven until July 18,
2013tVcome into compliance orimpose afine iOthe amount Vfseventy-five dollars ($75.00)for
the first day and fifty dollars /$5O.00\per day thereafter until found iDcompliance.
Motion by Mr. G0dfrey, seconded by K4[. VieDs. tOaccept Staff's [ecOOlDleOd8[iDO and find the
Respondent in viO|GUOn and be given until July 18, 2O13tOcome into compliance O[impose 3
fine in the amount ofseventy-five dO\|orS ($75.00) for the first day and fifty dollars /$50.00\ per
day thereafter until found incompliance. Vote 0Dthe motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 20,2013
Page
8. Case No. 13-00047 — Violation of Section 110-468, Accessory Structures, of the CitV o
Cape Canaveral Code of Ordinances, (625 Manatee BaV Dr.) — Donceel, Randal Craig
Trustee, Discovery Bay Homeowners Association Inc., c/o George L. Schorn Jr., R.A.
Code Enforcement Officer, Brian Palmer, provided an overview Of the C8S8 history and
presented exhibits for the Board's review. Officer Palmer testified that the violation is for the
CODStnJCtiOn Of an 8CCeSGOry structure in the front yard. Officer Palmer n[oied that o Stop Work
Order was posted on the property and informed the Respondent that he would need to CODt@Ct
the F»|@OOing & Zoning Director about 8 variance for the RtrU[tUn3.
Officer Palmer explained that, 6J||Ovving 8 complaint of work CODUDUiOg On the S1[u[tu[8, 8 site
visit revealed that the Stop Work Order was removed and additional work had been observed.
Officer Palmer posted another Stop Work Order UDthe property.
Officer Palmer reported that the Respondent BXpn9GS8d to Staff that it was his opinion that his
"Tiki HUf" was not GO accessory structure; hOVVeVe[. Staff explained that the St[UCtU[e Ol8t the
definition per G8C[iOD 110 Of the City Code.
The Respondent sent 8D e-mail that stated that he was out of state and requested additional
time tOaddress the Board.
Lila Gilbert, of 620 Manatee Bay Or., testified that her neighbor has C0DUnu6d to construct the
structure even after the Stop VVo[h {)rd8[ was posted. N1S. Gilbert stated that this StrUCiUrB
ShOU|d never have been built.
Dan Gilbert, of 620 Manatee Bay Dr., testified that he has 8concern regarding the safety of
neighboring properties during 8storm. Mr. Gilbert stated that this property owner has nOregard
for City Code and has violated the Stop Work Order.
Officer Palmer respectfully requested that the Board find the Respondent in violation of Section
110-468, Accessory Structures, of the City of Cape Canaveral Code of Ordinances and impose
a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five
dollars ($75.00) per day thereafter until found incompliance,
Glenn PereUO, Building Official, stated that he vv0U|d not be able to issue @ permit for the
structure in the front yard, according to City Code. Mr. Per9OO further stated that the
Respondent is out of the Si8t8 and has requested additional time to address the Board due to
the f8C1 that he is intending to request 8 variance from the Board of Adjustment. He explained
that itiSthe Board's decision to accept Staff's recommendation or to grant additional time for the
Respondent t0testify.
M[. VieOS stated that he vvVu|d be in favor Of amending Staff's FeCODlnnend8UOO to 8i|Ovv the
additional 3Odays. Discussion followed.
Motion by M[ Godfrey to 8Dl8nd Staff's [8cn00eOdgtinO and increase the fine to two hundred
and fifty dollars /$25O.00\for the first day and one hundred and twenty-five dollars ($125.00)per
day thereafter until found iDcompliance. Motion died for lack ofa second.
Code Enforcement Board
Meeting Minutes
June 20.2013
Page 6
Motion by Mr. Ha|e, seconded by M[ btspeich' to accept Staff's recommendation and find the
respondent in vi0|8U0D and impose o fine in the 80OUnt Of One hundred and fifty dOU@rS
/$15O.0O\for the first day and seventy-five dollars ($75.00) per day thereafter until found in
compliance. Vote on the n1OUon carried by 8 5 to 1 majority, with Raymond Vi8nS voting
against.
OLD BUSINESS:
0. Case No. 10-00123 — Application for Satisfaction or Release of Code Enforcement Lien,
(213 Pierce Ave., Unit D) — Juan Gonzalez, Property Owner.
Code Enforcement Officer, [}Ur8g Alexander, provided an overview of the CBSH history and
presented exhibits for the Board's review. Officer Alexander testified that the violation was for
exterior maintenance and no water. Officer Alexander stated that YN[ GODz8|8z has purchased
the property, had water meters installed, and has connected to the meter.
Officer /\keXaOd8[ explained that Staff's CODSid8[8tk}D for the [edUCUOO of the |i8O included
attorney fees; the fact that the new owner was not the cause ofthe violation; the length oftime
to bring the property into compliance once they purchased the property; the DliDU[ blighting
effect OO the SU[n}UndiOg properties; and the amount Of Staff time iDVO|v8d in the enforcement of
the violations.
yW[ Gonzalez, property owner, testified that he was not the original owner that was cited in
violation and explained that he has brought the property into COD1p|iaOQ8. K4[. Gonzalez is
requesting the S8tiSh]CtiOO of the lien.
Officer Alexander respectfully requested that the Board recommend to the City Council the
reduction of the lien in the amount of three thousand one hundred d0U3rS /$3,100.00\ to two
thousand dollars ($2,000.00).
Motion by Mr. btsp8ich.seconded by Mr. Viens'to recommend that Council reduce the lien iD
the amount ofthree thousand one hundred dollars ($3'10O.0O)b}five hundred dollars /$5O0.00\.
Vote on the motion carried unanimously.
There being nOfurther business the meeting adjourned Ed7:18P.M.
Mary Ru%411, Chairperson
16y Combardi, Board Secretary