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Home My WebLink AboutCEB MINUTES 11-21-13CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES NOVEMBER 21, 2013 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on November 21, 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 James Hale Ralph Lotspeich Lynn Mars 70 14 ►I 1 .11 W. -F & Raymond Viens Walter Godfrey 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 January 23, 2014 Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: roval of Meetina Minutes: October 17. 2013. Motion by Mr. Hale, seconded by Mr. Lotspeich, to approve the meeting minutes of October 17, 2013, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 21.2013 Page COMPLIANCE HEARINGS: 2. Case No. 12-00012 - Violation of Section 303.1, General; Section 303.4, Structural Members; 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 Enforcement Offi0er, DUr8e Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer /\|8xgOdHr testified that the ViO|@tiOO is for the condition of the roof. Officer Alexander stated that this Case was presented to the Board for Compliance Hearings on several occasions and was granted additional time. Officer Alexander indicated that the bank has taken possession Ofthe property. [}O|DPSS N8gH|. property owner, stated that the bank is processing a Deed in Lieu of Foreclosure and respectfully requested 8ddiUOO8| time to complete the process with the bank. W1S. Nagel explained that the process would b8complete OnNovember 3O,2013. Officer Alexander neSp8CUu||y requested that the Board find the Respondent in nOD-CODlp|i8OC8 of the Board Order, and be given until January 23, 3O14[0 Co08 into compliance or impose the fine in the @nn0Unt of one hundred and fifty d0}|8rS /$150.00\ for the first day and seventy-five dollars ($75.00) per day thereafter retroactively beginning on June 21. 2012 until found in compliance. Motion by Mr. L0tSpeich, S8C0OdBd by M[ H8|8, to accept Staff's recD[OnO8Od8tiOO and find the Respondent in non-compliance and be given until January 23, 2014 to come into compliance or impose the fine in the amount of one hundred and fifty dollars ($150.UO)for the first day and seventy-five dollars ($75.00) per day thereafter retroactively beginning OO June 21. 2012 until found in CODOp|iQOC8. Vote ODthe motion Carried UO@OinlOuG|y. 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 bV Section 82-31, of the City of Cape Canaveral Code of Ordinances, (218 Jefferson Ave.) — Robert M. Barthelme, Property Owner. Code EDh}[C808Dt Office[' [}V[ee Alexander, provided an overview of the {}88e history and presented exhibits for the Board's review. {}ffiCe[ Alexander testified that the violation is for work without 8 permit. Officer Alexander stated that the Respondent has obtained G permit for interior renovations and work has commenced 0nthe property. Officer Alexander further stated that the respondent has had S8vS[8| approved inspections which extends the permit until May 12,2014. Officer Alexander FeSp8Cifu|k/ requested that the Board find the Respondent in DOO-CODlp|i3DDe of the /\D1RndHd Board Order, and be given until May 12, 2014 to CO0e into compliance Or impose the fine inthe amount ofone hundred and fifty dollars ($150.0O) for the first day and one hundred dOU8rS ($100.00) per day thereafter retroactively beginning On October 18. 2012 until found incompliance. Code Enforcement Board Meeting Minutes November 21'2013 Page Motion by Mr. Lotspeioh' seconded by Mr. Hale, toaccept Staff's recommendation and find the respondent in non-compliance and be given until May 12, 2014 to COnn8 into c0rnp|i8no8 or impose 8 fine in the amount of one hundred and fifty dO||grG /$150.00\ for the first day and one hundred dollars ($100.00) per day thereafter retroactively beginning OO C)CtObe[ 10, 2012 UDh| found in COnlp|i8nCe. Vote on the motion carried UnBDiDlOU8|y. 4. Case No. 13-00047 — Violation of Section 110-468, Accessory Structures, of the City o Cape Canaveral Code of Ordinances, (625 Manatee Bay Dr.) — Donceel, Randal Craig Code Enforcement Officer, Bh8D Palmer, provided an overview Of the Case history and presented exhibits for the BO8nj'S review. Officer Palmer stated that the Respondent's request to aDl8Od the Code Of Ordinances was heard at the November 13, 2013 Planning & Zoning Board Meeting. The P|aMDiOA & Zoning Board directed Staff to continue research on the requests and other processes by which location of accessory structures might be considered. Officer Palmer submitted a request from the Planning & Zoning Board to the Code Enforcement Board to defer any action against the Respondent until the end ofJanuary 2O14. Craig []OOCee|. property 0vvner. stated that he has been to two Planning & Zoning Board meetings for his request of 8 Code 8OleDdDleOt and explained that the Planning & Zoning Director is GU|| working On the proposed (eDgU8ge revision to the Code. Officer Palmer respectfully requested that the Board find the R8SpODd8Dt in DOn-000p|i8DCe and give the Respondent until February 20, 2014 to C0mG into compliance Or impose a fine in the 8DlOuOt Of one hundred and fifty dO||@[S /$150.00\ for the first day and Seventy-five dollars ($75.00) per day thereafter until found in COnnp|i8OC8. Mr. []VOCe|| stated that the P|8DDiDg & Zoning Director does not have @ deadline to CO0p|StH the revision and next meeting dote would be January; therefore, he requested an extension of six months. Officer Palmer explained that the February 20th COn0p|i@nCe h88hOQ would provide the Board with 8nupdate. Motion by Mr. Lot9peich' seconded by Mr. Hale, to accept Staff's FeCOOODl8Dd@tiOO and find the Respondent in non-compliance and be given until February 20. 2014 to come into compliance Or impose a fine in the 8[OVUDt Of One hundred and fifty dO||8nS /$150.00\ for the first day and seventy-five dOi|8r8 ($75.00) per day thereafter until found in CDnnp|i8n08. Vote On the motion carried unanimously. 5. 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 {lffiCB[, Brian Palmer, provided an overview Of the C@S8 history and presented exhibits for the Board's review. Officer Palmer testified that the violation is for work without 8 permit. Officer Palmer stated that G permit has been obtained and work has COrDn0eDCHd. Code Enforcement Board Meeting Minutes November 21.2013 Page Officer Palmer respectfully requested that the E3O8nd find the Respondent in DOD-COnlp|i8nCe Of 88Cti0D 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 UDd| May 12, 2014 to CODle into CO[np|i8DQe or impose 8 fine in the 8nnOUnt of two hundred and fifty dV(|8rS (S250.00) for the first day and seventy-five dn||anS ($75.00) per day thereafter until found in compliance. MOUOD by Mr. LOtSpeiCh. S8CODded by Mr. Hale, to amend Staff's recommendation and find the respondent in violation and be given until May 12. 2014 to come into compliance or impose a fine in the 8n0OuDt Of two hundred and fifty dO||8nS ($250.00) for the first day and seventy-five dO||8[S /$75.00\ per day thereafter until found in C00Dp|i@DCe. Vote OD the 0OtiOD carried UD8ni[nOUs|y. 6. Case No. 10-00075 - Violation of Section 34-96(b)(d), Standards Established; and Section 34-990)(2), Landscape Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (7523 Magnolia Ave) — Residential Credit Solutions, Inc., Property Owner. Code EnfOrCenn8rd Officer, [)UnHe Alexander, testified that this Case is in compliance. 7. Case No. 10-00140 - Violation of Section 108.1, Unsafe Structures & Equipment; Section 108.1.3, Structure Unfit for Human Occupancy: Section 303.1, General: Section 303.4, Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and Balconies; Section 304.1, General; and Section 304.2, Structural Members, of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (8713 Hibiscus Ct.) — Federal National Mortgage, Property Owner. Code Enforcement Officer, DUrBH Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the condition of the property. Officer Alexander explained that the disrepair of this property has affected the adjoining property. Carla Reece, Attorney representing Federal National Mortgage, stated that the new owner is currently obtaining estimates for the repairs including demolition and renovation of the interior of the Unit. Ms. Reece explained that Federal National Mortgage has recently obtained this property and that this is the first Notice of Violation for them. Therefore, [Ns. Reece requested until February for the repairs to take place without a lien being imposed. Edmund Thurz,property owner of adjoining property at 8711Hibiscus Ct..testified that this property has been in disrepair since 2010 and the bank has not done anything to repair the property. M[ ThU[z St8h3d that he had to have his POOf repaired due to the condition of the adjoining roof. He further stated that his property is 8U|| been adversely affected by 8713 Hibiscus (|i. Code Enforcement Board Meeting Minutes November 21,2O13 Page Ms. Reece assured the Board that she will see this through and that Mc ThUrzCUOce0S are addressed. Officer Alexander respectfully requested that the Board find the Respondent iDviolation of Section 108.1' Unsafe Structures & Equipment; 88cboD 108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 3O3.4.Structural Members; Section 303.7, Roofs and Drainage; Section 303.11' Stairways, [}eoka. Porches and Balconies; Section 304.1, General; and 8eC1i0O 304.2' Gt[uCtun]| Members, of the International Property Maintenance Code /1098 ediUOD\. as adopted by G8CUOn 82-221, of the City Of Cape Canaveral Code Of Ordinances and impose 3fine iOthe amount Vftwo hundred fifty dollars ($25O.0O)per day until found iDcompliance. Motion by Mr. Hale, seconded by M[ K88[s' to 8CC8pt Staff's [eCO0OleOdadoO and find the Respondent in viO|8UOO and impose 8 fine in the amount of two hundred fifty dO||8rS ($250.00) per day until found incompliance. Vote 0Othe motion carried unanimously. M. Case No. 13-00057 - Violation of Section 34-122(a), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances; and 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, (7450 Magnolia Ave.) — Global Capital Partners LLC, c/o Michael H. Schnetzler, R.A. Code EDfO[CHOOeDt OfUCB[, Brian Palmer, provided an overview Of the C8S8 history and presented exhibits for the Board's review. C)ffiD8r Palmer testified that he received 8 COOlp|8iDt for an OveFQnOvvO yard. He stated that site iOSp8[tiOD n9me8|Hd an OY8[grovvn yard and interior renovations. Officer Palmer further stated that he contacted the property owner who informed him that he DO longer owned the property. Officer Palmer sent 8 revised Notice of Violation to the new owner and has not had any contact. [}ffiC8[ Palmer respectfully requested that the Board find the Respondent in violation of Section 34-122(a), Public Nuisances Prohibited, Of the City OfCape Canaveral [}Od8 of Ordinances; and Section 105.1' Permit Required; Section 110.1. Inspections General, ofthe Florida Building Code, as adopted by Section 82-31, of the City Of Cape C8D8ven8| Code of [}rdinGDCeS. and give the Respondent until January 23, 2014 to come into compliance O[impose afine in the amount 0fone hundred and fifty dollars ($15O.00) for the first day and One hundred dO||8rS /$100.0O\per day thereafter until found incompliance. Motion by Mr. LOtSp8iCh, SHCODded by Mr. H@|8. 1Uaccept Staff's [ecV00eOd8tiVO and find the Respondent in violation and be given until January 23, 2014 to come into compliance or impose 8fine iDthe amount Ofone hundred and fifty dollars ($15O.O0)for the first day and one hundred dO||8rG ($100.00) per day thereafter until found in compliance. Vote OD the OloUDO carried Un8nirnOUS|y. Code Enforcement Board Meeting Minutes November 21.2013 Page [)LDBUS|NES &. Case No. 12-0005 — Application for Satisfaction or Release of Code Enforcement Lien, (201 International Dr. #214) — Federal National Mortgage Assoc., Property Owner. Code EOfO[C8DOe[d Officer, OUree Alexander, provided an 0V8n/iemv of the Case history and presented exhibits for the Board's review. {]ffiDe[ /UeX8DdHr testified that the violation was for the condition nfthe property. Officer Alexander stated that olien was filed against the property in the amount of two hundred and fifty dollars per day, from February 23' 2012 through August 3,2012'and totaled forty thousand seven hundred and fifty dollars /$4O'75O.O0\ Randy Bock, Representative OfFederal N8UOO8| Mortgage Assoc., requested 8fuU S8bsf8CtiOD of the lien, |8sS administrative costs, due to the fact that the property is habitable and the bank was not the original violator. Officer Alexander respectfully requested that the Board recommend to the City Council the reduction Of the lien in the amount of h}dv thousand seven hundred and fifty dollars ($40,750.00) to twenty thousand dollars ($20,000.00). Motion by Mr. Lotspeich' seconded by Mc Hale, to recommend that Council reduce the lien in the amount of forty thousand seven hundred and fifty dollars /$40,750.00\ to ten thousand dollars ($10,000.00). Vote on the motion carried unanimously. There being n0further business the meeting adjourned 8t7:O4P.K8. ApprOved0Dthis @y 2014. Mary R Ilell, Chairperson io,Y,Lombardi, Board Secretary