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
Vice
Chairperson Craig Stewart called the meeting to order at
MEMBERS PRESENT
Craig
Stewart Vice
Chairperson
Charles Biederman
Walter Godfrey
James Hale
Karen Hartley
Edward Ciecirski 1st
Alternate
Lynn Mars 2nd
Alternate
MEMBERS ABSENT
Mary Russell Chairperson
Raymond Viens
OTHERS PRESENT
Joy Lombardi Board
Secretary
Bob Hoog Mayor
Pro Tem
Shannon Roberts City Council Member
Kate
Latorre
The Board members
established that the next meeting would be held on
NEW
BUSINESS:
1. Approval of Meeting Minutes:
Motion by Mr. Hale, seconded by Mr. Biederman, to approve
the meeting minutes of
Code Enforcement Board
Meeting Minutes
Page 2
COMPLIANCE
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 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, and work
without a permit or the required inspections. Officer Alexander testified that
the respondent requested an additional extension to obtain a permit and
complete the balcony repairs. She
further stated that the respondent lives in
Officer Alexander respectfully requested that the Board
find the respondent in violation of Section 108.1, General; and Section 108.1.1, Unsafe
Structures, of the International Property Maintenance Code, as adopted by
Section 82-221 of the City Code; and Section 104.1.1, and 105.4, Permits &
Inspections, of the Florida Building Code, as adopted by Section 82-31 of the
City Code and be given until
Motion by Mr.
Stewart, seconded by Mr. Hale, to accept staff’s recommendation and amend the
Board Order to give the respondent until
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 respondent
has hired a new contractor who has obtained a permit to repair the
balcony. She further stated that the
contractor informed her that the work would be completed within one week and he
would call for the inspection. Officer
Alexander requested that the Board give the respondent additional time to come
into compliance.
Motion by Mr. Godfrey, seconded by Mr.
Ciecirski, to accept staff’s recommendation and amend the Board Order to give
the respondent until
Code Enforcement Board
Meeting Minutes
Page
3
PUBLIC HEARINGS:
1. Case No. 07-00063 – 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, (276 Polk Ave.) – Charles & Sharon Lee Hance, 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
installing windows without the required permit and inspections.
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
be given until
Motion by Mr.
Biederman, seconded by Mr. Godfrey, 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 be
given until
2. Case No. 07-00079 – 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, (808 Bayside Dr.) – Eric & Sonja Danoy, Property Owner.
Code Enforcement Officer, Duree Alexander testified that
this Case is in compliance.
3. Case No. 07-00108 – Violation of
Section 14-56, Existing Development; Section 14-55, New Development, of the
City of
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board’s review. Officer Alexander testified that two night inspections revealed that lighting on the Canaveral Towers Condominium building was directly visible from the beach, in violation of the turtle lighting ordinance. Officer Alexander stated that the association has been working to improve the condition by replacing the windows and doors in individual units; however, the common areas are still in violation. Officer Alexander explained that the lights in the stairways, balconies, and pool areas need to be shielded, redirected or changed to a low level sodium lights.
Cynthia Shaffer, Condominium Association Manager, testified that shields were installed last year and thought that the shields were sufficient, based on the fact that they didn’t hear anything to the contrary from the City. Ms. Shaffer stated that the maintenance man has removed one light in each stairway and the remaining lights are shielded.
Code Enforcement Board
Meeting Minutes
Page
4
She further stated that they are afraid to take out any more lights in the stairway, as it could affect the safety of the residents. Ms. Shaffer explained that they will experiment with the fluorescent lights and would like for the City to inspect them before the association purchases all the bulbs necessary to complete the job.
Officer Alexander respectfully requested that the Board
find the respondent in violation of
Section 14-56, Existing Development; and Section 14-55, New Development, of the
City of Cape Canaveral Code of Ordinances and be given until
It was the
consensus of the Board that the condominium association is attempting to come
into compliance and would like to give them additional time to complete their
efforts. The Board determined that the
first meeting following the start of turtle season would be
Motion by Ms.
Hartley, seconded by Mr. Ciecirski, to accept staff’s recommendation and find
the respondent in violation of Section 14-56, Existing Development; and Section
14-55, New Development, of the City of Cape Canaveral Code of Ordinances and be
given until
4. Case No. 07-00109 – Violation of
Section 14-56, Existing Development; Section 14-55, New Development, of the
City of
Code Enforcement
Officer, Duree Alexander, provided an overview of the Case history and presented
exhibits for the Board’s review. Officer
Alexander testified that two night inspections revealed the lights associated
with the Royal Mansions building were directly visible from the beach due to
the globe-type of lighting used, and the fact that the sea grapes have been cut
back.
Keith Acker,
General Manager, testified that they are working on replacing the lights with
turtle-friendly, amber color lighting.
Mr. Acker stated that they have purchased lights for the balconies that
are shaded in the front and shine down on the balcony only. Mr. Acker further stated that the sidewalk
light poles would be cut down in height and they would replace the heads so
that the light will shine down on the walkway only. Mr. Acker expressed his concerns regarding
public safety if the lights were dimmed too much; however, he is trying to come
into compliance with the City.
Officer Alexander respectfully requested that the Board find
the respondent in violation of Section 14-56, Existing Development; and Section
14-55, New Development, of the City of Cape Canaveral Code of Ordinances and be
given until
Code Enforcement Board
Meeting Minutes
Page 5
Motion by Ms. Hartley, seconded by Mr. Hale, to accept
staff’s recommendation and find the respondent in violation of Section 14-56,
Existing Development; and Section 14-55, New Development, of the City of Cape
Canaveral Code of Ordinances and be given until
REPORTS:
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. (Lien filed
DISCUSSION:
1.
Code
Enforcement Civil Citation Codes
Assistant City
Attorney, Kate Lattore explained the Civil Citation Code including the list of
code offenses, the violation classifications, and the possible penalty. Ms. Lattore further explained that the Code
requires that a warning citation shall be issued first and then the citation
ticket could be issued and appealed only to the county court. The Civil Citation Code is an additional Code
Enforcement tool that could be used as an alternative procedure. Discussion followed.
Motion by Mr.
Hale, seconded by Mr. Stewart, to recommend the City Council approve the
proposed Civil Citation Code. Vote on
the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 9:08 P.M.
_______________________________
Craig
Stewart, Vice Chairperson
________________________________
Joy
Lombardi, Board Secretary