HomeMy WebLinkAboutCEB MINUTES 10-17-13CITY OFCAPE CANAVERAL
MEETING MINUTES
OCTOBER 17, 2013
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on October 17, 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.
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Mary Russell
Raymond Viens
Walter Godfrey
James Hale
Lynn Mars
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Ralph Lotspeich
OTHERS PRESENT
Duree Alexander
Brian Palmer
Glenn Peireno
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 November 21, 2013.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: September 19, 2013.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of September 19,
2013, as written. Vote on the motion carried unanimously,
Code Enforcement Board
Meeting Minutes
October 17, 2013
Page 2
COMPLIANCE HEARINGS:
2. Case No. 12-00090 - Violation of Section 105.1, Permit Reguired; Section 110.1,
T-nspections General, of the Florida Building Code, as adopted by Section 82-31, of the
City of Cape Canaveral Code of Ordinances, (280 Monroe Ave.) - Ronald H. & Christine
T. Lero, 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 violation is for
work without a permit. Officer Alexander stated that a contractor has obtained the required
permit on April 16, 2013. Officer Alexander further stated that the renovations are progressing
and the contractor has had several approved inspections which extended the expiration, date of
the permit to January 20, 2014.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
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, and
give the Respondent until January 23, 2014 to come into compliance or impose a fine in the
amount of two hundred and fifty dollars ($250,00) for the first day and one hundred dollars
($100.00) per day thereafter until found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in non-compliance and be given until January 23, 2014 to come into compliance or
impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and one
hundred dollars ($100,00) per day thereafter until found in compliance. Vote on the motion
carried unanimously,
PUBLIC HEARIINGS:
3. Case No. 13-00057 - Violation of Section 34-122(a), Public Nuisances Prohibited, of the
"Cit y of Cape Canaveral Code of Ordinances; and Section 105.1 Permit Reg ui�red:
Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section
82-3.1., of the City of Cape Canaveral Code of Ordinances, (7450 -Magnolia Ave.) -
Global Capiital Partners LLC, c/o Michael H':, Schnetzler, R.A.
Code Enforcement Officer, Brian Palmer, requested that this Case be withdrawn from the
agenda due to notification.
4. Case No. 13-00078 - 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.) - Canaveral
Breakers Annex, Inc., c/o Clifford Whitney, R.A.
Code Enforcement Officer, Brian, Palmer, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Palmer testified that the violation lis for work
without a permit. Officer Palmer stated that Staff informed the contractor that a permit was
required for the structural repairs on the building and a Notice of Violation was sent to the
condominium association,
Code Enforcement Board
Meeting Minutes
October 17, 2013
Page 3
Officer Palmer further stated that a records search revealed a permit has not been applied for.
Officer Palmer respectfully requested that the Board find the Respondent un 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, and give the
Respondent until November 21, 2013 to come into compliance or 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 in compliance.
Mr. Godfrey expressed concerns regarding the fine amount and stated that it should be $250.00
for the first day to get the Respondents attention. It was the consciences of the Board to amend
Staff's recommendation to increase the fine.
Motion by Mr. Viens, seconded by M'r. Hale, to amend Staff's recommendation and find the
respondent in violation and be given until November 21, 2013 to come into compliance or
impose a fine in the amount of two hundred and fifty dollars ($250.00) for the first day and
seventy-five dollars ($75,00) per day thereafter until found in compliance. Vote on the motion
carried unanimously,
5. Citation No. 0121 — Violation of Florida Statutes Section 82-375, Construction
Contracting Regulation Violation; and Florida Statutes Section 480,127 Prohibitions,
5805 N. Banana River Blvd., Unit 1156) — Michael D. Furrow, Sub -Contractor.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander stated that, following a complaint, a
site visit revealed work without a permit. Officer Alexander further stated that a Stop Work
Order was posted on the property and the plumbing contractor was issued a Citation.
Michael Furrow, Furrow Plumbing, testified that he did in fact do the work prior to obtaining a
permit, Mr. Furrow stated that the permit has since been issued and requested a reduction in
the $500.00, fine.
Chairperson, Mary Russell, explained that the Board could make a determination whether work
was performed but did not have the authority to reduce the amount of the Citation. Further,
there was no question that the work was done without the permit,
Officer Alexander respectfully requested that the Board find the Respondent in violation and
impose a fine in the amount of five hundred dollars ($500.00)
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept Staff's recommendation and find the
respondent in violation and impose a fine in the amount of five hundred dollars ($500.00). Vote
on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
October 17, 2013
Page 4
ADJOURNMENT:
There being no further business the meeting adjourned at 6:42 P.M,
Approved on this day of 2013.
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Mary Rus fl, Chairperson
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J Lombardi, Board Secretary