CITY OF CAPE CANAVERAL

CODE ENFORCEMENT BOARD

MEETING MINUTES

APRIL 19, 2007

7:00 PM

 

 

A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 19, 2007, in the City Hall Annex, 111 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

Craig Stewart                                      Vice Chairperson

Charles Biederman

Walter Godfrey

                        James Hale

                        Karen Hartley

                        Raymond Viens

                        Lynn Mars                                           2nd Alternate

 

MEMBERS ABSENT

 

Edward Ciecirski                                 1st Alternate

 

            OTHERS PRESENT

 

                        Duree Alexander                                 Code Enforcement Officer

                        Joy Lombardi                                      Board Secretary

                        Bob Hoog                                            Mayor Pro Tem

                        Kate Latorre                                        Assistant City Attorney

 

The Board members established that the next meeting would be held on May 17, 2007.

 

Assistant City Attorney Latorre swore in all persons giving testimony.

 

NEW BUSINESS:

 

1.         Approval of Meeting Minutes: March 22, 2007.

 

Motion by Mr. Biederman, seconded by Mr. Hale, to approve the meeting minutes of March 22, 2007, as written.  Vote on the motion carried unanimously.

 

 

 

Code Enforcement Board

Meeting Minutes

April 19, 2007

Page 2

 

 

COMPLIANCE HEARINGS:

 

1.                  Case No. 06-00074 – Violation of Section 82-31, Florida Building Code Adopted; Sections 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (221-223 Columbia Dr.) – The Plaza Owner Association, Inc., c/o Jerry Cravey, 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 respondent is non-compliance with the Board Order.

 

Darlene Brinkley, representative of Flagship Association Management, stated that they applied for a permit and is requesting additional time. 

 

Officer Alexander stated that staff would support the respondent’s request for additional time due to the fact that they are making an attempt to resolve the issue.

 

Motion by Mr. Godfrey, seconded by Mr. Viens, to grant an extension until June 21, 2007.  Vote on the motion carried unanimously.

 

2.         Case No. 06-00084 – Violation of Section 110-551, Location of Recreational Vehicles, Camping Equipment, Boats & Boat Trailers, of the Cape Canaveral Code of Ordinances, (310 W. Central Blvd.) – Gilbert L. Patton, Jr., 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 respondent is non-compliance with the Board Order.  Officer Alexander stated that Bob Jolin (known as Bicycle Bob) was on the property during several site inspections.

 

Craig Stewart explained that he has been working with Mr. Jolin and has filed the necessary paperwork to obtain his military benefits.  Mr. Stewart stated that he is waiting for a record of service and it is a matter of time before Mr. Jolin will be able to be relocated.

 

Motion by Mr. Viens, seconded by Mr. Godfrey, to grant an extension until May 17, 2007.  Vote on the motion carried unanimously.

 

3.         Case No. 06-00085 – Violation of Section 82-12, Unsafe Building or Systems; Section 82-221, International Property Maintenance Code (IPMC) Adopted; IPMC Section 108.1.1, Unsafe Structures, of the Cape Canaveral Code of Ordinances, (7554 Magnolia Ave.) – TRSTE, LLC; c/o Joseph E. Seagle, R.A.

 

Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.

 

Code Enforcement Board

Meeting Minutes

April 19, 2007

Page 3

 

 

4.         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 testified that the respondent has made all the required repairs.  However, an approved final inspection has not been obtained for the air conditioning unit.  Officer Alexander requested that the Board grant an extension until April 30, 2007.

 

Motion by Mr. Viens, seconded by Ms. Hartley, to accept staff’s recommendation and grant an extension until April 30, 2007.  Vote on the motion carried unanimously.

 

PUBLIC HEARINGS:

 

1.         Case No. 06-00059 – Violation of Section 82-221, International Property Maintenance Code (IPMC) Adopted; IPMC Section 108.1, General; IPMC Section 108.1.1, Unsafe Structures; Section 82-31, Florida Building Code Adopted; Sections 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (7902 Ridgewood Ave.) – Michael Conroy, Property Owner.

 

Code Enforcement Officer, Duree Alexander requested that the Case be postponed until May 17, 2007 due to the fact that proof of proper notification had not been received.

 

Motion by Mr. Godfrey, seconded by Mr. Viens, to postpone the Case until May 17, 2007.  Vote on the motion carried unanimously.

 

2.         Case No. 06-00062 – Violation of Section 82-221, International Property Maintenance Code (IPMC) Adopted; IPMC Section 108.1, General; IPMC Section 108.1.1, Unsafe Structures; IPMC Section 303.11, Stairways, Decks, Porches & Balconies, of the Cape Canaveral Code of Ordinances, (7908 Ridgewood Ave.) Marsha K. & Kent C. Howe, 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 balcony is unsafe and that it has been posted as such.  Officer Alexander stated that the respondent must obtain the required permit and inspections.

 

Marsha Howe, property owner, testified that an Engineer that was helping her with the balcony decided, after eight weeks, that he did not want to do the job.  Ms. Howe stated that she has another Engineer that has inspected the balcony and will provide a sealed drawing to reinforce and repair the balcony.  Ms. Howe requested additional time to obtain a contractor, the permit, and the required inspections.

Code Enforcement Board

Meeting Minutes

April 19, 2007

Page 4

 

 

Officer Alexander respectfully requested that the Board find the respondent in violation of Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code, and be given until May 17, 2007 or be fined $150.00 for the first day and $100.00 for everyday thereafter, until the respondent is found in compliance.

 

It was the consensus of the Board Members that the respondent would need more time.

 

Motion by Mr. Godfrey, seconded by Mr. Viens, to find the respondent in violation of Section 108.1, General; Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code, and be given until June 21, 2007 or be fined $150.00 for the first day and $100.00 for everyday thereafter.  Vote on the motion carried unanimously.

 

3.         Case No. 06-00067 – Violation of Section 82-31, Florida Building Code Adopted; Sections 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (8758 Palm Way.) – Lousie M. Blanchet, Property Owner.

 

Code Enforcement Officer, Duree Alexander, withdrew the Case from the agenda.

 

4.         Case No. 06-00080 – Violation of Section 34-97, Duties & Responsibilities for Maintenance; Section 34-96, Standards Established; Section 34-122, Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances, (210 Harbor Dr.) – Elizabeth a. Francis, Trustee.

 

Code Enforcement Officer, Duree Alexander requested that the Case be postponed until May 17, 2007 due to the fact that proof of proper notification had not been received.

 

Motion by Mr. Stewart, seconded by Mr. Hale, to postpone the Case until May 17, 2007.  Vote on the motion carried unanimously.

 

5.         Case No. 06-00102 – Violation of Section 82-31, Florida Building Code Adopted; Sections 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (321 Washington Ave.) – Dale G. & Carol M. Allenbaugh, 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 failed to obtain the required final inspection and the permit has expired.  Officer Alexander further stated that a new permit is required including the final inspection.

 

Officer Alexander respectfully requested that the Board find the respondent in violation of Section 104.1.1, and Section 105.4, Permits & Inspections, of the Florida Building Code, as adopted by Section 82-31 of the City Code, and be given until May 17, 2007 or be fined $100.00 for the first day and $75.00 for everyday thereafter, until the respondent is found in compliance.

Code Enforcement Board

Meeting Minutes

April 19, 2007

Page 5

 

 

Mr. Stewart stated that, in his opinion, it does not seem right to go after the homeowner because the contractor failed to call for a final inspection.  Mr. Stewart questioned whether another contractor could pull a permit and call in the inspection.

 

Mr. Godfrey replied that it is difficult because another roofing contractor would not want the responsibility for the roof.  Discussion followed among the Board regarding holding the contractor responsible.  Attorney Latorre stated that she would research the City Code.

 

Motion by Mr. Viens, seconded by Mr. Stewart, to postpone this Case until the next meeting date (May 17, 2007).  Vote on the motion carried unanimously.

 

 

ADJOURNMENT:

 

There being no further business the meeting adjourned at 8:35 P.M. 

 

Approved on this _____day of_______________________________, 2007.

 

                                                                        _______________________________

                                                                        Mary Russell, Chairperson

________________________________

Joy Lombardi, Board Secretary