The URL can be used to link to this page

Home My WebLink AboutCEB MINUTES 09-19-13CITY [>FCAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 19,2013 6:00 PM ARegular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on S8otonlbSr 19' 2013' in the Cape Canaveral Public Library Meeting R0O[n 81 201 Polk Avenue, Cape Canaveral, Florida. [|h3i[pe[GOO Mary RUSSeU called the meeting to order at 8:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell RovnnOndVlHnS Walter Godfrey James Hale R8|phLOtSpeiCh Lynn Mars OTHERS PRESENT C>u[eeAkex8nder Brian Palmer Joy Lombardi Kate Latorre Chairperson Code Enforcement Officer Code Enforcement Officer Board Secretary Assistant City Attorney The Board members established that the next meeting would beheld onOctober 17.2O13. Assistant City Attorney L8tOrn3swore inall persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 18, 2013. Motion by Mr. VieDs' SeCOOd8d by Mr. Hale, to approve the meeting minutes Of JUk/ 18, 2013' 86 written. Vote On the rnOti0O carried Un@ni00U8|y. Code Enforcement Board Meeting Minutes September 19. 2013 Page 2 2. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural I�embers; Section 303.7, Roofs and Drainage, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (201, 203, 205 Jefferson Ave.) — Dolores G. Nagel, Property Owner. Code EDfDrCeDl8Dt Officer, Du[ee A|ex8Dde[, provided an overview Ofthe Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the roof. Officer Alexander stated that this C8S9 was presented to the Board for Co0p|i8OC9 Hearings OD several OCC8SiOOS and was granted 8ddiUOO8| time. Officer Alexander explained that SunTrust Bank is taking possession of the property and the 8gnBeD1eDt requires the owner vacate the premises byOctober 28.2013. Officer Alexander respectfully requested that the Board find the ReGpODd8D1 in DUn-cODlp|i@Ooe of the Board Order, and be given until November 21, 2013 to C00e into compliance Or inOpOS8 the 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 retroactively beginning On June 21, 2012 UnU| found in compliance. K4Oti0O by Mr. ViHn3, seconded by Mr. Godfrey, tOaccept Staff's [eCODlDl8DdatiOD and find the Respondent in non-compliance and be given until November 21, 2013 to come into compliance or impose the fine in the amount Ofone hundred and fifty dollars ($15U.OU)for the first day and seventy-five dollars ($75.00) per day thereafter retroactively beginning on June 21. 2012 until found incompliance. Vote onthe motion carried unanimously. 3. Case No. 12-00015 - Violation of Section 105.1, Permit Required; Section 110.1, i"nspections General, of the Florida Building Code (2007 edition), as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (218 Jefferson Ave.) — Robe M. Barthelme, Property Owner. Code Enforcement C)ffimyr' [>un*e Alexander, provided an overview Ofthe Case history and presented exhibits for the Board's [8VieYV. Officer Alexander testified that the ViO|@tiOO is for vvn[k without 8 permit. Officer Alexander stated that the Respondent has obtained 8 permit interior renovations and work has commenced ODthe property. Robert B8rthe|nne. property owner, Sent 8 written request for additional time due to the fact that he is out of state caring for his elderly mother. Mr. Barthe|rne requested an extension OD his permit and informed Staff that he vvoU|d be back in Florida in late [>Ci0be[. The permit has been extended by the Building [)fUCi8| UnU| November 9, 2013. Officer Alexander respectfully requested that the Board find the Respondent in nOO-00nlp|i8DCH Ofthe Amended Board Order, and bRgiven until November 21.2013tOcome into compliance Or impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred d0||oro ($100.00) per day thereafter retroactively beginning OD October 18, 2012 until found incompliance. Code Enforcement Board Meeting Minutes September 1A.2013 Page 3 Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the respondent in DOn-00nnp|iGnCe and be given until November 21, 2013 to COnO8 into CO0p|i@nc8 or impose a fine in the amount of one hundred and Dhv dollars ($150.00) for the first day and One hundred dollars ($100.00) per day thereafter retroactively beginning DD (]Ct0b8r 18' 2012 until found iDcompliance. Vote Onthe motion carried unanimously. 4. Case No. 13-00024 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Buildinq Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (120 Jackson Ave.) — Randall Shane Reynolds, Trustee. Code EnfO[C8Ol8[d Officer, [>U[88 A|eX8nd9r, testified that this Case is in C0rDp|i8DC8. 5. Case No. 13-00034 - 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, (8522 N. Atlantic Ave., Unit 35) — William & Carol Groetsch, Property Owners. Code Enforcement Officer, [)Uree Alexander, testified that this C3S8 is in COOlp|i8DC8. 8. 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 EDfOrC8nnGnt Officer, [}Unee Alexander, testified that this C8SH is in CODlp|i8DQ8. PUBLIC HEARINGS: 7. Case No. 12-00085 - 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, (8401 N. Atlantic Ave., Unit D7) — Atlantic Gardens Owners Association, c/o Robert K. Barnes, R.A. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. 8. Case No. 13-00055 - 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, (221 Columbia Dr., Unit 143) — The Plaza Owners Association, Inc.. C/O DGdeO8 BhnkkeV. R.A. Code Enforcement Officer,DUree Alexander, testified that this Case isiDcompliance. Code Enforcement Board Meeting Minutes September 1A'2013 Page 4 9. Case No. 13-00069 -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, (201 Richie Ave.) — Merritt Development Inc., c/o Richard R. Thurm. Code Enforcement Officer, C>uree Alexander, provided an overview Vfthe C8S8 history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for wO[h without 8 permit. Officer Alexander stated that, following the Notice of Violation, the Respondent submitted an application for a fence as an owner/builder; however, because the property iSfor rent, h8will need acontractor tOapply for the permit. Officer Alexander further stated that 8fence contractor applied for the permit today. Richard Thurm, property owner, testified that he made an attempt to work with Viking Fence to obtain the permit; however, they failed tOdOso. Mr. ThUrmstated that hHcontacted East Coast Fence and they submitted 8Dapplication for the permit. Mr. ThurDlstated that this issue should be resolved in a week or two and r8qU8Si8d additional time to Co08 into CO0p|i8DCe. Officer Alexander respectfully requested that the Board find the Respondent iOviolation, and be given until []cLObe[ 17' 2O13tOcome into compliance. Motion by Mr. Viens, seconded by Mr. Godfrey, to accept Staff's recommendation and find the respondent inviolation and b8given until October 17'2O13tOcome into compliance. Vote on the motion carried unanimously. OLD BUSINESS: 10. Case No. 08-00127 — Application for Satisfaction or Release of Code Enforcement Lien, (8740 Croton Ct.) — Chase Home Finance LLC, Property Owner. Code Enforcement Officer, [>Vr8e Alexander, provided @ brief overview of the Case history and presented exhibits for the Board's [8VievV. Officer Alexander testified that the violation was for the maintenance of the property. The O[igiOR| violator was Robert K4VchenfUss. [)ffiQe[ Alexander stated that on October 6, 2000, Chase Home Finance LLC bJUk possession of the property through foreclosure and brought the property into compliance on December 16, 2010. Officer Alexander explained that on March 22, 2012 the Code Enforcement Board considered GD application for the reduction Of the Code EDf0[C80SOt Lien in the 8m0UOt Of ninety -eighty thousand two hundred fifty dollars ($98,250.00) to nine thousand eight hundred and twenty-five d0||8[S /$9,825.00\' 10% of the value of the lien. Staff requested that the Code Enforcement Board recommend to the City C}0UDCi| 8 reduction of the |i8O to seventy-five thousand dO||8rS ($75.000.00). The Code Enforcement Board accepted Staff's reCoOl[neDd8bOO and unGninlOUS|y FeCOn0nleDdHd the City Council reduce the outstanding |i8D to seventy-five thousand dollars ($y5,DOO.00). On April 17, 2012 C}h/ [|0uOci| considered the application for the Satisfaction or Release of the Code Enforcement Board Lien in the amount Ofninety-eighty thousand two hundred fifty dollars /$88,250.00\. The application was denied. Code Enforcement Board Meeting Minutes September 1A.2013 Page 5 PU[SV8Dt to Section 2-200(o). of the City Code, if the application is denied, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date Ofdenial. On August 14, 2013 Chase Home Finance, LLC applied for 3 F8ducUOO of the {|0d8 EOfO[C8Oneni Lien in the amount Ofninety-eighty thousand two hundred fifty dollars /$98`250.00\ tOthirty-five thousand dO||8r8 ($35'000.00). Rick Moh|8[. representative of Chase Home FiDaDC8. LLC, requested that the lien be reduced to thirty-five thousand dO||8rS ($35'000.00) due tnthe fact that the property has been brought into compliance and the neighbor that was adversely affected has been compensated. Officer Alexander n8SpedfU||y requested that the Board racODlO0eDd to the City COUDCi| the reduction 0fthe lien tVthirty-five thousand dollars (g35.ODO.0O). Motion by M[. Vi8nS' seconded by Mr. Godfrey, to accept staff's recommendation and recommend that Council FedUC8 the lien in the amount Ofninety-eighty thousand two hundred fifty dollars ($9#'25O.O0)tOthirty-five thousand dollars ($35'OOO.00). Vote Onthe motion carried uO8ninn0V8|y. 11. Case No. 10-00126 — Application for Satisfaction or Release of Code Enforcement Lien, (215 Pierce Ave. Unit C) — Ana M. Escalona-Clemente, Property Owner. Code Enforcement Officer, DUnBe A|exaDder, provided a brief overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for exterior 08iOteD@nC8 and no water. Officer Alexander stated that the Unit had not had vv@t8r since the end Of 2010 and remained vacant. Officer Alexander further stated that Ana K4 EGca|oD8-C|8noente, C|erneneSC@ Corp., purchased Unit CUOJuly 19, 2013 and immediately took D8Ce8S@ry steps to iDSi8|| and connect an individual vvGLer meter for the unit. ACCO[diOg|y. OO August 05. 2019 8 plumbing permit was applied for and OD August 14' 2013 the permit received an approved final inspection bringing the property into compliance. Mr. Clemente testified that they purchased the property iOAugust and immediately obtained @ permit and brought the property into compliance. K8[ Clemente stated that the lien amount well exceeds the value of the property and is requesting 8 satisfaction of the lien; however, he stated that heunderstands there are staff's cost tOconsider. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction of the lien in the 8nlOuni Of eighty-one thousand nine hundred fifty d0U8rS ($81.050.00) 83 thirty-six thousand Hight hundred GeveOh+SevHD dO||8rG and fifty cents ($36'877.50). [})ScuesiOD f0||0VvBd regarding the value of the property and the quick P8SpOO8e for compliance. Motion by K4[. \/ieOS. SHCOOded by Mr. LOtsp8iCh, to recommend that Council reduce the lien in the 8nlOUni Of eighty-one thousand nine hundred fifty dollars ($81.050.00) to five thousand dollars ($5,000.00). Vote ODthe motion carried unanimously. Code Enforcement Board Meeting Minutes September 19. 2013 Page There being mofurther business the meeting adjourned 8d0:52P.K4. ary Rus 1, Chairperson Joy Lombardi, Board Secretary