CITY
OF CAPE CANAVERAL
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
Lynn Mars 2nd
Alternate
MEMBERS ABSENT
Raymond Viens
Edward Ciecirski 1st
Alternate
OTHERS PRESENT
Joy Lombardi Board
Secretary
Bob Hoog Mayor
Pro Tem
Anthony
Garganese City
Attorney
The Board members
established that the next meeting would be held on
City
Attorney Anthony Garganese swore in all persons
giving testimony.
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. 06-00068 – 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 testified that this Case is in compliance.
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 explained that this Case
was presented during the July Code Enforcement Board Meeting; however, there
was a possibility that the respondent had not received proper service of the
notice of hearing. Officer Alexander
stated that she has since spoken to the property owner and they are aware that
the Case is being presented to the Board.
The property owner is in
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.
Godfrey, 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 be
given until
2. Case No. 07-00110 – Violation of Section 14-56, Existing Development;
Section 14-55, New Development, of the City of Cape Canaveral Code of
Ordinances, (8700 Ridgewood Ave.) – Ocean Oaks Condominium Association, c/o
Petey Davis, R.A.
Code Enforcement Officer, Duree Alexander testified that
this Case is in compliance.
Code Enforcement Board
Meeting Minutes
Page 3
3. Case No. 07-00113 – Violation of
Section 14-56, Existing Development; Section 14-55, New Development, of the
City of Cape Canaveral Code of Ordinances, (8470 Ridgewood Ave.) – Flores Del
Mar Condominium Association, c/o Petey Davis, 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 three night inspections revealed that lighting in the common areas on the Flores Del Mar Condominium building was directly visible from the beach, and in violation of the turtle lighting ordinance.
Richard Colarusso, Vice President of Flores Del Mar
Condominium Association, testified that he has changed the lighting to reduce
the problem by using a 5-watt bulbs and placing amber mesh over the
globes. Mr. Colarusso stated that they
have also allowed the sea grapes to grow to a height of ten to twelve feet tall
to further block the light.
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
Motion by Ms.
Stewart, seconded by Mr. Godfrey, 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. 07-00117 – Violation of
Section 34-98, Building Appearance & Maintenance; Section 34-96, Standards
Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56,
Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special
Exceptions Permissible By the Board of Adjustment, of the City of Cape
Canaveral Code of Ordinances, (104 Monroe Ave.) – Dawn M. Heath, 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 property was posted unsafe,
following a site inspection. Ms.
Alexander explained that staff met with the property owner regarding the
condition of the property and the concerns for public safety. Officer Alexander stated that the respondent
had the electrical meters removed; however, the condition of the property was
deteriorating.
Dawn Heath, property owner, testified that prior to the
purchase of the property, she asked the Building Official, Todd Morley, if
there were any code enforcement issues associated with the property. Ms. Heath stated that she received a letter
from Mr. Morley, which stated, “Previous code enforcement actions have been
satisfied. Research of our
Code Enforcement Board
Meeting Minutes
Page 4
code enforcement files indicate that there is no current or
pending code enforcement action. The
Code of Ordinance does not currently allow a mixed used in any zoning district;
correspondently the Code of Ordinance requires that this property be brought
into compliance.” Ms. Heath stated that
she had no intensions on using the trailer.
She agreed that the trailer was unsafe and should be removed from the
structure. Ms. Heath further testified
that Officer Alexander had requested an inspection of the property during which
time Mr. Morley posted the property unsafe.
Attorney Garganese asked the respondent what was currently
occurring on the property. Ms. Heath replied that there is no business being
operated on the property, no one is living there, and the property has been for
sale for over a year. Ms. Heath further
stated that a sale is pending and hopes to close on the property within a few
months.
Officer Alexander respectfully requested that the Board find
the respondent in violation of Section 34-98, Building Appearance &
Maintenance; Section 34-96, Standards Established; Section 82-12, Unsafe Buildings
or Systems; Section 82-56, Standard Unsafe Building Abatement Code Adopted; and
Section 110-334, Special Exceptions Permissible By the Board of Adjustment, of
the City of Cape Canaveral Code of Ordinances and be given until
Discussion followed regarding the request for an affidavit
from a structural engineer. Mr. Godfrey
stated that the property is vacant and completely fenced off and was not able
to justify requiring the property owner to comply with this request. It was the consensus of the Board that the
requirement of the affidavit would be a hardship on the property owner.
Motion by Mr.
Stewart, seconded by Mr. Godfrey, to accept staff’s recommendation (without the
structural engineer requirement) and find the respondent in violation of
Section 34-98, Building Appearance & Maintenance; Section 34-96, Standards
Established; Section 82-12, Unsafe Buildings or Systems; Section 82-56,
Standard Unsafe Building Abatement Code Adopted; and Section 110-334, Special
Exceptions Permissible By the Board of Adjustment, of the City of Cape
Canaveral Code of Ordinances and be given until
5. Case No. 07-00127 – Violation of
Section 105.1, Required; and Section 109.1 General, of the Florida Building
Code, as adopted by Section 82-31; and Section 34-122, of the City of Cape
Canaveral Code of Ordinances, (8523 Canaveral Blvd.) – Ahmad Nasajpour,
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 air conditioning units without the
required permit and inspections.
Code Enforcement Board
Meeting Minutes
Page
5
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.
Godfrey, seconded by Ms. Russell, 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
ADJOURNMENT:
There being no further business the meeting adjourned at 9:08 P.M.
_______________________________
Mary
Russell, Chairperson
________________________________
Joy
Lombardi, Board Secretary