HomeMy WebLinkAboutCEB MINUTES 06-19-14CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JUNE 19, 2014
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on June 19, 2014, 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.
MEMBERS PRESENT
Mary Russell
Walter Godfrey
James Hale
Ralph Lotspeich
MEMBERS ABSENT
Chairperson
Raymond Viens Vice -Chairperson
Christopher Cloney
Lynn Mars
OTHERS PRESENT
Duree Alexander
Code Enforcement Officer
Brian Palmer
Code Enforcement Officer
Gary Stepalavich
Building Official
Joy Lombardi
Board Secretary
Kimberly Kopp
Assistant City Attorney
The Board members established that the next meeting would be held on July 17, 2014.
Assistant City Attorney Kopp swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: April 17, 2014.
Motion by Mr. Godfrey, seconded by Mr. Hale, to approve the meeting minutes of April 17,
2014, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 19, 2014
Page 2
COMPLIANCE HEARINGS:
2. Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1
Inspections General, of the Florida Building Code, as adopted by Section 82-31 of the
City of Cape Canaveral Code of Ordinances; Section 34-96(d) Standards Established -
Section 34-98(6) Building Appearance and Maintenance; Section 78-27 Connection with
Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and
Structures; Section 110-296, Area and Dimension; Section 110-468 Accessory
Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b)
Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms of the Florida
Fire Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code
of Ordinances, (350 Monroe Ave.) — Antonio Romano, 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 the
condition of the structure. Officer Alexander stated that this Case was presented to the Board
for Compliance Hearings on several occasions and was granted additional time. Officer
Alexander reported that the Respondent has submitted plans that are currently under review.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
of the Board Order, and be given until August 21, 2014 to come into compliance or impose the
fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred
dollars ($100.00) per day 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 August 21, 2014 to come into compliance or
impose the fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one
hundred dollars ($100.00) per day thereafter until found in compliance. Vote on the motion
carried unanimously.
3. Case No. 14-00026 - Violation of Section 78-128, Change of Use; Section 78-121
Established; and Section 78-99, Fees, of the City of Cape Canaveral Code of
Ordinances, (8501 Astronaut Blvd.) — Elpidasmar Management LLC c/o Pantelis
Markogiannakis, Property Owner; Saigon Restaurant, LLC, c/o Hai T. Tran Business
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
nonpayment of sewer impact fees. Officer Alexander stated that Staff is looking at other options
for the calculation of the impact fees and requested additional time.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
of the Board Order, and be given until August 21, 2014 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.
Code Enforcement Board
Meeting Minutes
June 19, 2014
Page 3
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in non-compliance and be given until August 21, 2014 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. Vote on the motion
carried unanimously.
PUBLIC HEARINGS:
4. Case No. 14-00015 — Violation of Section 110-582, Swimming Pool Barriers of the City
of Cape Canaveral Code of Ordinances, (808 W. Central Blvd.) — Branislav Kunik
Property Owner.
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 is for not
having a pool barrier as required by Code. Officer Palmer stated that the Respondent had a
swimming pool permit that expired without a final inspection. Officer Palmer further stated that
an alarmed pool barrier is required in order to obtain an approved final inspection.
Officer Palmer explained that the Respondent understands what corrective action is needed.
Officer Palmer respectfully requested that the Board find the Respondent in violation of Section
110-582, Swimming Pool Barriers, of the City of Cape Canaveral Code of Ordinances, and be
given until July 17, 2014 to come into compliance or impose a fine in the amount of one hundred
and fifty dollars ($150.00) 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 violation and be given until July 17, 2014 to come into compliance or impose a
fine in the amount of one hundred and fifty dollars ($150.00) for the first day and one hundred
dollars ($100.00) per day thereafter until found in compliance. Vote on the motion carried
unanimously.
5. Case No. 14-00035 - Violation of Section 110-355, Prohibited Uses and Structures of
the City of Cape Canaveral Code of Ordinances; and Section 502.1 Dwelling Units of
the International Property Maintenance Code, as adopted by Section 82-221 of the City
of Cape Canaveral Code of Ordinances, (301 Imperial Blvd., Unit C-43) — John C.
Benton, 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 an
individual residing in a storage unit. Officer Alexander stated that she received several
complaints of an individual living in a storage unit at 301 Imperial Blvd. Staff conducted
numerous site visits during the month of May and documented the Respondent in the unit each
time. Officer Alexander further stated that the Brevard County Sheriff's Office conducted
several night visits and found Mr. Benton in the unit each time.
Officer Alexander explained that Mr. Benton provided her with a copy of his Florida Driver's
License with an address of 420 Tyler Avenue indicating that was his residence.
Code Enforcement Board
Meeting Minutes
June 19, 2014
Page 4
John Benton, property owner, testified that he resides at 420 Tyler Avenue, Unit #3 or he stays
in Port St. John with his girlfriend. Mr. Benton stated that he spends 16-18 hours a day at the
storage unit trading stock and smoking; however, he expressed that he does not live there.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 110-355, Prohibited Uses and Structures, of the City of Cape Canaveral Code of
Ordinances; and Section 502.1, Dwelling Units, of the International Property Maintenance Code,
as adopted by Section 82-221, 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 in compliance.
Motion by Mr. Lotspeich, seconded by Mr. Godfrey, to accept Staff's recommendation and find
the respondent in violation 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 in
compliance. Vote on the motion carried unanimously.
6. Case No. 14-00042 - Violation of Section 110-295, Prohibited Uses and Structures of
the City of Cape Canaveral Code of Ordinances; and Section 302.1 Sanitation; Section
303.14, Window, Skylight and Door Frames; Section 304.3, Interior Surfaces; Section
505.3, Supply, 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 Brian Palmer provided an overview of the Case history and
presented exhibits for the Board's review. Officer Palmer testified that the violation is for
property maintenance. Officer Palmer stated that, following a complaint, a site inspection
revealed the poor condition of the property. Officer Palmer further stated that the Sheriff's
Department informed Staff that the property owner was allowing homeless to reside on the
property.
Officer Palmer respectfully requested that the Board find the Respondent as a repeat violator of
Section 110-295, Prohibited Uses and Structures, of the City of Cape Canaveral Code of
Ordinances; and Section 302.1, Sanitation; Section 303.14, Window, Skylight and Door Frames;
Section 304.3, Interior Surfaces; Section 505.3, Supply, 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 five hundred dollars ($500.00) for the
first day and two hundred and fifty dollars ($250.00) 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 violation and impose a fine in the amount of five hundred dollars ($500.00) for the
first day and two hundred and fifty dollars ($250.00) per day thereafter until found in compliance.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 19, 2014
Page 5
ADJOURNMENT:
There being no further business the meeting adjourned at 7:00 P.M.
Approved on this �4ay of ael-C e 2014.
W/ c_tzll
Mary Rus II, Chairperson
Joy ombardi, Board Secretary