HomeMy WebLinkAboutMINUTES - 02-23-12
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
FEBRUARY 23, 2012
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on February 23, 2012, in the Cape Canaveral Public Library Meeting Room at 201 Polk
Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called
the roll.
MEMBERS PRESENT
Mary Russell Chairperson
Raymond Viens Vice-Chairperson
James Hale
Karen Hartley
Lynn Mars
MEMBERS ABSENT
Walter Godfrey
Ralph Lotspeich
OTHERS PRESENT
Duree Alexander Code Enforcement Officer
Joy Lombardi Board Secretary
Todd Morley Building Official
Kate Latorre Assistant City Attorney
The Board members established that the next meeting would be held on March 22, 2012.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: January 19, 2012.
Motion by Ms. Hartley, seconded by Mr. Hale, to approve the meeting minutes of January 19,
2012, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
February 23, 2012
Page 2
PUBLIC HEARINGS:
1. Case No. 11-00011 - Violation of Section 105.1, Permit Required; Section 109.1,
Inspections General; Section R303.8, Required Heating; Section R305.1(3), Minimum
Height; Section R309.1, Operating Protection; Section R311.4.1, Exit Door Required;
Section R311.4.2, Door Type and Size; Section R317.1, Two-Family Dwellings; Section
R312.1, Guards; Section R502.1.3.3, Alterations to Trusses; Section R311.5.6.1,
Handrail Height; Section R311.5.6.2, Continuity; Section R311.5.6.3, Handrail Grip Size,
of the Florida Building Code, as adopted by Section 82-31, of the City of Cape
Canaveral Code of Ordinances; Section 110-13(A), Mounting, of the National Electrical
Code; and Section 78-121, Established; and Section 110-292, Principal Uses and
Structures, of the City of Cape Canaveral Code of Ordinances, (360 Monroe Ave.) –
Christopher Robin Kirby & Marcheta Kirby Kern, ETAL.
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 the required permit and inspections. Officer Alexander stated that a site visit
revealed that a single family residence was subdivided into four units. She explained that the
trusses were cut for a stairway to access the attic space with the addition of a kitchen and
bathroom for a living area. Officer Alexander further explained that the garage was also
modified into a living unit with a kitchen area and added electrical.
Officer Alexander further stated that, following the death of Mr. Kirby, the property was in
probate and the family was provided additional time to bring the property into compliance,
during which time, they agreed not to rent the property.
Geiger Snelgrove, Real Estate Agent, testified that he became involved following the death of
Mr. Kirby. Mr. Snelgrove explained that probate held up the forward progress of a pending sale
of the property. He requested additional time to comply.
Davin Erickson, MJ & D Builders & Barfield Contracting & Associates, testified that he has a
permit for the repairs to bring the property into compliance. Mr. Erickson stated that he has
completed much of the work but is on hold to complete the repairs of the third floor area
because of the pending sale.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 105.1, Permit Required; Section 109.1, Inspections General; Section R303.8, Required
Heating; Section R305.1(3), Minimum Height; Section R309.1, Operating Protection; Section
R311.4.1, Exit Door Required; Section R311.4.2, Door Type and Size; Section R317.1, Two-
Family Dwellings; Section R312.1, Guards; Section R502.1.3.3, Alterations to Trusses; Section
R311.5.6.1, Handrail Height; Section R311.5.6.2, Continuity; Section R311.5.6.3, Handrail Grip
Size, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral
Code of Ordinances; Section 110-13(A), Mounting, of the National Electrical Code; and Section
78-121, Established; and Section 110-292, Principal Uses and Structures, of the City of Cape
Canaveral Code of Ordinances and impose a fine in the amount of two hundred fifty dollars
($250.00) per day until found in compliance. Discussion followed regarding additional time.
Code Enforcement Board
Meeting Minutes
February 23, 2012
Page 3
Motion by Chairperson Russell, seconded by Mr. Hale, to amend staff’s recommendation and
find the Respondent in violation and be given 90 days to comply or impose a fine in the amount
of two hundred fifty dollars ($250.00) per day until found in compliance. Vote on the motion
carried unanimously.
2. Case No. 11-00073 – Violation of Section 97-76(b), Temporary On-Premise Signs;
Section 94-82, Awnings, and Canopies; Section 94-99(b), C-1 Low Density Commercial
District, C-2 Commercial/Manufacturing District and M-1 Light Industrial and Research
and Development District; Section 78-96(b), General Prohibitions and Limitations; and
Section 70-69, Receipt Required; Payment of Tax Prerequisite to Issuance, of the City of
Cape Canaveral Code of Ordinances, (7900 N. Atlantic Ave.) – James Kappernaros,
Property Owner & Xstream Auto Wash & Detailing, Inc., c/o Susan Anderson, 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 violations are for
illegal signage, illegal drainage into the stormwater system, and failure to obtain a business tax
receipt for the vending machine. Officer Alexander stated that the signage and business tax
receipt violation has been brought into compliance; however, he is still has an issue with the
drainage of the water from the automatic car wash area. She explained that the water is still
running into the stromwater drain.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 97-76(b), Temporary On-Premise Signs; Section 94-82, Awnings, and Canopies;
Section 94-99(b), C-1 Low Density Commercial District, C-2 Commercial/Manufacturing District
and M-1 Light Industrial and Research and Development District; Section 78-96(b), General
Prohibitions and Limitations; and Section 70-69, Receipt Required; Payment of Tax Prerequisite
to Issuance, of the City of Cape Canaveral Code of Ordinances to establish the violations.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff’s recommendation and find the
Respondent in violation. Vote on the motion carried unanimously.
3. Case No. 12-00001 - Violation of Section 302.1, Exterior Property Areas, of the of the
International Property Maintenance Code (1998 edition), as adopted by Section 82-221,
of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards
Established; and Section 110-467(2)(3)(4)(5)(6), Garage Sales, of the City of Cape
Canaveral Code of Ordinances, (8495 Ridgewood Ave.) – Kendall K. & Kevin L.
Thornsley, ETAL.
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
continued garage sales and the condition of the pool. Officer Alexander stated that she has
received multiple complaints regarding the frequent garage sales and the condition of the pool.
She further stated that she spoke to Kevin Thornsley following a warning citation; however, he
stated that he would not comply. Officer Alexander issued a Civil Citation for the garage sales
that has not been paid. Officer Alexander explained that she has documented ten (10) garage
sales for December, January, and February.
Code Enforcement Board
Meeting Minutes
February 23, 2012
Page 4
Lucille Marino, neighbor, stated that the garage sales are now on Saturday and Sunday. Ms.
Marino stated that the yard sale folks are parking on the lawns and blocking driveways. She
further stated that the excessiveness is getting out of hand.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 302.1, Exterior Property Areas, of the of the International Property Maintenance Code
(1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances; Section 34-96(d), Standards Established; and Section 110-467(2)(3)(4)(5)(6),
Garage Sales, of the City of Cape Canaveral Code of Ordinances and fine one hundred dollars
($100.00) for each garage sale beyond the first two weekends; for a total of seven hundred
dollars ($700.00); and fine one hundred and fifty dollars ($150.00) per day for all other violations
existing on the property be imposed retroactively beginning on January 19, 2012 until found in
compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff’s recommendation and find the
Respondent in violation and impose a fine in the amount of one hundred dollars ($100.00) per
garage sale for a total of seven hundred dollars ($700.00); and fine one hundred and fifty dollars
($150.00) per day retroactively beginning on January 19, 2012 for all other violations until found
in compliance. Vote on the motion carried unanimously.
4. Case No. 12-00004 - Violation of Section 108.1, General; and Section 303.11,
Stairways, Decks, Porches, and Balconies, of the of the International Property
Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape
Canaveral Code of Ordinances; Section 34-122(a), Public Nuisances Prohibited; and
Section 34-96, Standards Established, of the City of Cape Canaveral Code of
Ordinances, (7908 Ridgewood Ave.) – Marsha K. & Kent C. Howe, Property Owners.
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 the
condition of the property and balcony. Officer Alexander explained that the property is
overgrown and the balcony is in disrepair. She stated that the property was posted “Restricted
Use” due to the condition of the balcony and further stated that the sliding glass doors are
blocked with a board and there is no one living on the property. Officer Alexander further
explained that there was a lien filed against the property on May 27, 2008 and the fine is still
running.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 108.1, General; and Section 303.11, Stairways, Decks, Porches, and Balconies, of the
of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221,
of the City of Cape Canaveral Code of Ordinances; Section 34-122(a), Public Nuisances
Prohibited; and Section 34-96, Standards Established, of the City of Cape Canaveral Code of
Ordinances and impose a fine in the amount of one hundred fifty dollars ($150.00) per day until
found in compliance.
Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff’s recommendation and find the
Respondent in violation and impose a fine in the amount of one hundred fifty dollars ($150.00)
per day until found in compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
February 23, 2012
Page 5
5. Case No. 12-00005 - Violation of Section 108.1.3, Structure Unfit for Human Occupancy;
Section 304.1, General; and Section 306.1, Infestation, of the of the International
Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of
Cape Canaveral Code of Ordinances, (201 International Dr., Unit 214) – Tina Stewart
Estate.
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 the
condition of the property. Officer Alexander stated that the condominium association contacted
her about the condition of the property; however, when she conducted a site inspection, the
owner’s sister would not let her in and told her that Tina Stewart was in the hospital. Officer
Alexander further stated that the condominium association notified her a second time that the
property was vacated and they allowed her access to the unit. Officer Alexander explained that
the property owner has since deceased and the property in in foreclosure. On January 27, 2012
the property was posted “Unfit for Human Occupancy”.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 108.1.3, Structure Unfit for Human Occupancy; Section 304.1, General; and Section
306.1, Infestation, of the of the International Property Maintenance Code (1998 edition), as
adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances and impose a
fine in the amount of two hundred fifty dollars ($250.00) per day until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept staff’s recommendation and find the
Respondent in violation and impose a fine in the amount of two hundred fifty dollars ($250.00)
per day until found in compliance. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:10 P.M.
Approved on this _____day of_______________________________, 2012.
_______________________________
Mary Russell, Chairperson
_______________________________
Joy Lombardi, Board Secretary