CITY OF CAPE CANAVERAL

CODE ENFORCEMENT BOARD

MEETING MINUTES

JUNE 25, 2007

7:00 PM

 

 

A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 25, 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

                        Raymond Viens

                        Edward Ciecirski                                 1st Alternate

Lynn Mars                                           2nd Alternate

 

MEMBERS ABSENT

 

Karen Hartley

 

            OTHERS PRESENT

 

                        Duree Alexander                                 Code Enforcement Officer

                        Joy Lombardi                                      Board Secretary

                        Bob Hoog                                            Mayor Pro Tem

                        Shannon Roberts                                City Council Member

                        Kate Latorre                                        Assistant City Attorney

 

The Board members established that the next meeting would be held on July 30, 2007.

 

Assistant City Attorney Latorre swore in all persons giving testimony.

 

NEW BUSINESS:

 

1.         Approval of Meeting Minutes: May 17, 2007.

 

Motion by Mr. Viens, seconded by Mr. Godfrey, to approve the meeting minutes of May 17, 2007, as written.  Vote on the motion carried unanimously.

 

Code Enforcement Board

Meeting Minutes

June 25, 2007

Page 2

 

 

COMPLIANCE HEARINGS:

 

1.                  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; Section 303.11, Stairways, Decks, Porches, & Balconies, of the City of 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 violation is for an unsafe structure.

 

Marsha Howe, property owner, requested another 60-day extension.  Ms. Howe stated that she has been dealing with a sick family member and therefore needed additional time.  Brief discussion followed.

 

Motion by Mr. Godfrey, seconded by Mr. Hale, to grant a 60-day extension. (August 23, 2007)  Vote on the motion carried unanimously.

 

2.         Case No. 06-00071 – 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, (7709 Ridgewood Ave.) – Scott & Kathleen Staples, Property Owner.

 

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

 

3.         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.) – Jerry Cravey, R.A.

 

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

 

4.         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 testified that this Case is in compliance.

Code Enforcement Board

Meeting Minutes

June 25, 2007

Page 3

 

PUBLIC HEARINGS:

 

1.         Case No. 07-00095 – Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; and Section 603.1, Mechanical Equipment; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances, (201 International Dr.  Unit #222) – Michael S. Sexton, 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 is in violation of mechanical work without the required permit and inspections.  Officer Alexander further stated that Mike Coffey, with Space Coast Cooling, explained to staff that the wires and Freon copper tubing of the air conditioning compressor were cut from unit 222 and were connected to unit 211.

 

Officer Alexander respectfully requested that the Board find the respondent in violation of Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code; and Section 603.1, Mechanical Equipment; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code and be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance.

 

Motion by Mr. Stewart, seconded by Mr. Hale, to accept staff’s recommendation and find the respondent in violation of Section 105.1, Required; Section 109.1, General, of the Florida Building Code, as adopted by Section 82-31 of the City Code; and Section 603.1, Mechanical Equipment; and Section 605.1, Installation, of the International Property Maintenance Code, as adopted by Section 82-221 of the City Code and be fined one hundred dollars ($100.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance.  Vote on the motion carried unanimously.

 

2.         Case No. 06-00068 – Violation of Section 108.1.1, Unsafe Structures; Section 303.1, General; Section 303.11 Stairways, Decks, Porches, & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances, (616 Monroe Ave.) – Lisa R. Stuart & Marc G. Silberman, 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 unsafe structure.  Officer Alexander stated that the balcony was posted with an unsafe placard and the sliders have been secured so that there is no access to the balcony.

 

Officer Alexander respectfully requested that the Board find the respondent in violation of Section 108.1.1, Unsafe Structures; Section 303.1, General; Section 303.11 Stairways, Decks, Porches, & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances and be given until July 27, 2007 to come into compliance by removing or repairing the (balcony) structure and/or obtaining the required permit and approved inspections or be fined one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance.

Code Enforcement Board

Meeting Minutes

June 25, 2007

Page 4

 

 

Motion by Mr. Stewart, seconded by Mr. Godfrey, to find the respondent in violation of Section 108.1.1, Unsafe Structures; Section 303.1, General; Section 303.11 Stairways, Decks, Porches, & Balconies, of the International Property Maintenance Code, as adopted by Section 82-221, of the Cape Canaveral Code of Ordinances and be given until July 30, 2007 to come into compliance by removing or repairing the (balcony) structure and obtaining the required permits and approved inspections or be fined 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.

 

DISCUSSION:

 

1.                  Chronic Nuisance & Code Enforcement Citation Codes

 

Assistant City Attorney, Kate Lattore explained the Civil Citation Code.  Following discussion, the Board stated that they would like to have additional time to review the Code prior to making a recommendation to the City Council.

 

Motion by Mr. Stewart, seconded by Mr. Godfrey, to postpone to the July 30, 2007 meeting.  Vote on the motion carried unanimously.

 

Assistant City Attorney, Kate Lattore explained that the Chronic Nuisance Code would run concurrent with the existing Code Enforcement process; whereby an offender is allowed three calls by a code enforcement officer or by a police officer until a fine is automatically imposed.  Attorney Lattore further explained that the fine would be imposed if an individual has four calls to a particular property within 30 days.  An individual would be limited to the number of times a police officer or code enforcement officer was called out to a property.  Discussion followed.

 

Motion by Mr. Viens, seconded by Mr. Hale, to recommend the City Council approve the proposed Chronic Nuisance Code.  Vote on the motion carried unanimously

 

 

ADJOURNMENT:

 

There being no further business the meeting adjourned at 8:28 P.M. 

 

Approved on this _____day of_______________________________, 2007.

 

                                                                        _______________________________

                                                                        Mary Russell, Chairperson

________________________________

Joy Lombardi, Board Secretary