CITY OF CAPE CANAVERAL

CODE ENFORCEMENT BOARD

MEETING MINUTES

MAY 17, 2007

7:00 PM

 

 

A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on May 17, 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

Walter Godfrey

                        James Hale

                        Karen Hartley

                        Raymond Viens

                        Lynn Mars                                           2nd Alternate

 

MEMBERS ABSENT

 

Charles Biederman

Edward Ciecirski                                 1st Alternate

 

            OTHERS PRESENT

 

                        Duree Alexander                                 Code Enforcement Officer

                        Joy Lombardi                                      Board Secretary

                        Bennett Boucher                                 City Manager

                        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 June 25, 2007.

 

Assistant City Attorney Latorre swore in all persons giving testimony.

 

NEW BUSINESS:

 

1.         Approval of Meeting Minutes: April 19, 2007.

 

Motion by Mr. Viens, seconded by Ms. Hartley, to approve the meeting minutes of April 19, 2007, as written.  Vote on the motion carried unanimously.

 

Code Enforcement Board

Meeting Minutes

May 17, 2007

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 and required inspections. Officer Alexander further testified that the respondent requested a 90-day extension to obtain a permit and complete the balcony repairs and further stated that the property is not occupied.

 

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 July 19, 2007 to come into compliance or be fined one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) 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 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 July 19, 2007 to come into compliance or be fined one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance.  Vote on the motion carried unanimously.

 

2.         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 testified that this Case is in compliance.

 

3.         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 testified that this Case is in compliance.

 

Code Enforcement Board

Meeting Minutes

May 17, 2007

Page 3

 

 

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 provided an overview of the Case history and presented exhibits for the Board’s review.  Officer Alexander testified that the respondent’s re-roof permit expired without the required inspection.  Officer Alexander stated that the violation is for work without a permit or the required inspections.  She explained that the respondent tried to contact the roofing contractor to re-apply for the permit, however he would not respond, therefore the respondent contacted the building department and requested to pull an owner-builder permit to resolve the issue and stated that the property is not for lease. The respondent applied for the permit.

 

Officer Alexander respectfully requested that the Board find the respondent in violation of 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 June 25, 2007 to come into compliance or be fined one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance.

 

Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff’s recommendation and find the respondent in violation of 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 June 25, 2007 or be fined $100.00 for the first day and $75.00 for everyday thereafter.  Vote on the motion carried unanimously.

 

5.         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 this Case is in compliance.

 

 

PUBLIC HEARINGS:

 

1.         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 testified that this Case is in compliance.

 

Code Enforcement Board

Meeting Minutes

May 17, 2007

Page 4

 

 

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, provided an overview of the Case history and presented exhibits for the Board’s review.  Officer Alexander testified that the respondent’s permit for interior renovations had expired.  Officer Alexander stated that the respondent must obtain the required permit and inspections.

 

Officer Alexander respectfully requested that the Board find the respondent in violation of 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 June 25, 2007 to come into compliance or be fined one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance.

 

Motion by Mr. Stewart, seconded by Mr. Godfrey, to accept staff’s recommendation and find the respondent in violation of 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 June 25, 2007 or be fined $100.00 for the first day and $75.00 for everyday thereafter.  Vote on the motion carried unanimously.

 

DISCUSSION:

 

1.                  Chronic Nuisance & Code Enforcement Citation Codes

 

Code Enforcement Officer, Duree Alexander, stated that she contacted other jurisdictions regarding their use of the citation program and the chronic nuisance code, and provided the following information:

 

Ø      Palm Bay does not have a nuisance ordinance or the use of citations.

Ø      City of Cocoa uses the citation program as a warning to the property owner.

Ø      City of Rockledge uses the citation program as a warning and if respondent does not comply, they take them to the Code Enforcement Board.

Ø      Melbourne also uses citations as a warning.

 

Officer Alexander further stated that Brevard County has a ten-dollar ($10.00) filing fee for a citation.  Citations not paid within 90 days, are sent it to a collection agency.

 

City Manager, Bennett Boucher, stated that the City Council is looking for feedback from the Board regarding two issues associated with code enforcement: expanding civil citations for common types of code enforcement violations, and adopting a chronic nuisance code whereby an offender is allowed a certain number of staff calls to the property until a fine is automatically imposed. 

 

Chairperson, Mary Russell, stated that the most common violation seems to be work without a permit.

 

 

Code Enforcement Board

Meeting Minutes

May 17, 2007

Page 5

 

 

Officer Alexander stated that the program would be invaluable for property maintenance issues, overgrown grass, noise, animals, signage, trash & debris, and garage sales.  Officer Alexander further stated that a citation could be written in lieu of the Notice of Violation.

 

The Chronic Nuisance Code would expand on the current code regarding a fire alarm system, whereby an individual is allowed four false alarms before an automatic fine is imposed.   An individual would be limited to the number of times a police officer or code officer was called out to a property.

 

Assistant City Attorney, Kate Lattore, stated that she would coordinate with Officer Alexander to write a draft ordinance for the Board’s review and approval based on the examples that she (Ms. Alexander) stated earlier.

 

2.         Correction of Minutes (June 23, 2005)

 

Officer Alexander stated that Byron Evetts, of Existing Structures, requested that a clarification be noted in the official record regarding Case No. 05-00042 where it was stated that he (Mr. Evetts) installed windows without a permit.  Mr. Evetts stated that his firm had nothing to do with Mr. McGillicuddy’s illegal construction, yet it is in the public record. 

 

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