CITY
OF
CODE ENFORCEMENT BOARD
MEETING MINUTES
A Regular Meeting of
the Code Enforcement Board of the City of Cape Canaveral, Florida was held on
Chairperson
Mary Russell called the meeting to order at
MEMBERS PRESENT
Mary
Russell Chairperson
Craig Stewart Vice
Chairperson
Charles Biederman
Walter Godfrey
James Hale
Karen Hartley
Raymond Viens
Edward Ciecirski 1st
Alternate
Lynn Mars 2nd
Alternate
OTHERS PRESENT
Joy Lombardi Board
Secretary
Todd Morley Building
Official
Bob Hoog Mayor
Pro Tem
Kate
Latorre
The Board members
established that the next meeting would be held on
NEW
BUSINESS:
1. Approval of Meeting Minutes:
Motion by Mr. Biederman, seconded by Mr. Godfrey, to
approve the meeting minutes of
Code Enforcement Board
Meeting Minutes
Page 2
COMPLIANCE
HEARINGS:
1.
Case No. 06-00074 – Violation of Section
82-31,
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 respondent is working with the City to resolve the
issue.
Darlene
Brinkley, representative of Flagship Association Management, stated that the
contractor hired to complete the work backed out; however, Britt’s A/C stated
that they will apply for the permit Monday, March, 26, 2007. Ms. Brinkley requested another week to come
into compliance.
Officer Alexander respectfully requested that the Board
grant an extension until the next scheduled Code Enforcement Board meeting on
Motion by Mr.
Godfrey, seconded by Mr. Viens, to accept staff’s recommendation and grant an
extension until
2. Case No. 06-00121 – Violation of Section 82-221, International Property Maintenance Code Adopted; Section 602.1, Facilities Required; Section 602.2, Residential Occupancies; Section 602.3, Heat Supply; Section 603.1, Mechanical Equipment; and Section 505.4, Water Heating Facilities, of the Cape Canaveral Code of Ordinances, (415 Jefferson Ave.) – Trudy W. Mohme, Trustee.
Code Enforcement
Officer, Duree Alexander provided a brief overview of the Case history and
presented exhibits for the Board’s review.
Officer Alexander testified that the respondent was found violation of
not providing heat, operable air conditioning, and hot water to the tenant,
which is required by the International Property Maintenance Code. Officer Alexander stated that she was not
able to find the respondent in compliance due to the fact that a site
inspection was not requested.
Trudy Mohme,
property owner, testified that she did not have the money to replace the central
air conditioning unit because her property insurance and taxes have increased
substantially. However, Ms. Mohme stated
that the water heater has been repaired and there is a working air conditioning
unit in the window. Ms. Mohme requested
additional time to comply.
Officer Alexander respectfully requested that the Board grant an extension until the next scheduled Code Enforcement Board meeting on April 19, 2007.
Motion by Mr.
Stewart, seconded by Mr. Godfrey, to accept staff’s recommendation and grant an
extension until April 19, 2007. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
March 22, 2007
Page
3
3. Case
No. 07-00018 – Violation of Section 104.1.1, and 105.4, Florida Building Code -
Permits & Inspections; Section 109.3, FLBC - Required Inspections; Section
109.3.3, FLBC - Reinforcing Steel and Structural Frames; Section 109.6, FLBC -
Approval Required; Section 110-275, Prohibited Uses and Structures; Section
110-468(a), Accessory Structures, of the City of Cape Canaveral Code of
Ordinances, (349 Coral Dr.) – Hans Saurenmann, Property Owner.
Code Enforcement
Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board’s review.
Officer Alexander stated that the respondent is in non-compliance. Officer Alexander testified that during a
site inspection with Todd Morley, Building Official, it appeared that
additional concrete had been added to the slab.
Furthermore, Mr. Saurenmann cut off the plumbing pipes and filled them
in, at least partially, with concrete in an attempt to remove the plumbing
violation. Officer Alexander further
stated that the temporary structure had been removed, however, the concrete
slab has not been removed from the easement and no permits have been issued for
the work, as previously ordered by the board.
Mr. Saurenmann,
property owner, stated that he disagrees with the City. He testified that he owns the rear 20’
portion of the property and that the slab is not in an easement. Mr. Saurenmann further stated that he has
removed the temporary structure, cut off pipes for plumbing, and filled them in
with concrete. Mr. Saurenmann explained
to the Board that he only replaced an existing slab and there is no easement on
his property. He stated that, in his
opinion, he was in compliance.
Officer
Alexander stated that the respondent is in non-compliance and recommended
that Board Order be filed and the fines imposed.
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff’s recommendation and file the Board Order, which shall serve as a lien against the Respondent’s property. Vote on the motion carried unanimously.
PUBLIC HEARINGS:
1. Case No. 07-00021 – Violation of
Florida Building Code Section 107, Temporary Structures and Uses; and FLBC
Section 107.2 Conformance; Section 34-96, Standards Established; Section 34-97,
Duties and Responsibilities for Maintenance; Section 110-468, Accessory
Structure, of the City of Cape Canaveral Code of Ordinances, (105 Justamere
Rd.) – Donald Regan Jr., 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 respondent has been sent numerous
Notices of Violation for the condition of his property. Historically, the respondent would clean up
the property and be found in compliance before the hearings. The respondent was found in violation only
one time for an abandoned vehicle.
Officer Alexander stated that there is trash and debris in the yard, a
temporary structure that has been removed, and the respondent is allowing
people to stay in the shed.
Code Enforcement Board
Meeting Minutes
March 22, 2007
Page
4
Florence Tosh,
Mr. Regan’s mother, provided a Power of
Attorney document (entered as evidence) to speak on his behalf. Ms. Tosh testified that the property is for
sale and is requesting an extension to come into compliance. Ms. Tosh further stated that her son works
part time as a handyman. She went on to
explain that Mr. Regan was in a bad accident and has additional problems.
Several
neighbors testified that they are tired of the condition of the property
located at 105 Justamere Road. They
stated that there is trash in the yard, people sleeping in the shed, burning
trash in the front yard, alcoholics falling in the road, and overgrown
grass. The neighbors further stated that
the situation has been going on for a very long time and asked the Board to
please help to resolve the problem.
Officer Alexander respectfully requested that the Board find
the respondent in violation
of Section 107, Temporary Structures and Uses and Section 107.2, Conformance,
of the Florida Building Code, as adopted by Section 82-31 of the City Code;
Section 34-96, Standards Established; Section 34-97, Duties and
Responsibilities for Maintenance; and Section 110-468, Accessory Structure, and
be fined $150.00 for the first day and $75.00 for everyday
thereafter, until the respondent is found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept
staff’s recommendation and find the respondent in violation of Section 107,
Temporary Structures and Uses and Section 107.2, Conformance, of the Florida
Building Code, as adopted by Section 82-31 of the City Code; Section 34-96,
Standards Established; Section 34-97, Duties and Responsibilities for
Maintenance; and Section 110-468, Accessory Structure, and be fined one hundred
and fifty dollars ($150.00) for
the first day and seventy-five dollars ($75.00) for everyday thereafter,
beginning Friday, March 23, 2007. Vote
on the motion carried unanimously.
2. Case No. 07-00040 – Violation of
Florida Statute 877.09, Tampering with or Damaging Sewer Systems; and Section
78-35, Maintenance of Plumbing System, of the City of Cape Canaveral Code of
Ordinances, (8799 Astronaut Blvd.) – Zacharias & Adamantia Ligerakis,
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 respondent was in violation of dumping grease into the sewer system and
uncapping the clean-out fitting to allow sewage effluent to run into storm
water system. Officer Alexander stated
that the respondent met with her and provided a receipt for the clean out of
the grease trap and stated that the problem has been resolved. Mr. Ligerakis also stated that he is planning
to replace the grease trap with a larger one.
Officer Alexander further stated that she is satisfied that the property
owner will be able to control the problem with the monthly cleaning of the
grease trap.
Mr. Ligerakis testified that he will have monthly cleaning
of the grease trap and will provide a copy of the reports to the City. Mr. Ligerakis further testified that he is
planning to replace the grease trap with a larger one. Brief discussion followed.
Code Enforcement Board
Meeting Minutes
March 22, 2007
Page 5
Officer Alexander respectfully requested that the Board find
the respondent in violation
of Section 877.09, Florida Statutes, Tampering with or Damaging Sewer Systems,
and Section 78-35, Maintenance of Plumbing System, of the City of Cape
Canaveral Code of Ordinances and no fines be imposed at this time; however, if
the respondent is found in violation of the same Code Sections, the maximum
fines be imposed.
Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept
staff’s recommendation and find the respondent in violation of Section 877.09, Florida
Statutes, Tampering with or Damaging Sewer Systems, and Section 78-35,
Maintenance of Plumbing System, of the City of Cape Canaveral Code of
Ordinances. Vote on
the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:26 P.M.
_______________________________
Mary
Russell, Chairperson
________________________________
Joy
Lombardi, Board Secretary