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
Chairperson
Mary Russell called the meeting to order at
MEMBERS PRESENT
Mary
Russell Chairperson
Raymond Viens Vice-Chairperson
Charles Biederman
James Hale
Karen Hartley
Lynn
Mars 2nd
Alternate
MEMBERS ABSENT
Walter Godfrey
Edward Ciecirski
OTHERS PRESENT
Joy Lombardi Board Secretary
Bob Hoog Mayor
Pro Tem
Kate
Latorre
The Board members
established that the next meeting would be held on
NEW
BUSINESS:
1. Approval of Meeting Minutes:
Motion by Mr. Biederman, seconded by Mr. Viens, to
approve the meeting minutes of
Code Enforcement Board
Meeting Minutes
Page 2
COMPLIANCE
HEARINGS:
1.
Case
No. 07-00158 - 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, (118 Washington Ave.) – Russell T. Rose,
Property Owner.
Code Enforcement Officer, Duree Alexander requested that the Case be withdrawn from the agenda due to the fact that proper notification had not been received.
2. Case No. 08-00005 – Violation of Section 70-71, Engaging in Business Without Paying Tax or Making Reports; Section 70-69, Receipt Required; Section 70-75, Penalty for Failure to Obtain or Renew Receipt; Section 30-27 Alarm Permit Required; and Section 70-68 Violation; Penalty, of the City of Cape Canaveral Code of Ordinances, (8803 N. Atlantic Ave.) - Jeffrey R. Sauer, R.A.
Code Enforcement Officer, Duree
Alexander testified that this Case is
in compliance.
PUBLIC HEARINGS:
1. Case No. 07-159 - 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, (8600 Ridgewood Ave. Unit 3306) – William M. Strange & Joanne M. Sweeney, Property Owners.
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 work without obtaining the
required permit and inspections.
Officer
Alexander respectfully requested that the Board find the respondent in
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 Code and be given until
Motion by Mr.
Viens, seconded by Mr. Hale, to accept staff’s recommendation and find the
respondent in violation and be given until
Code Enforcement Board
Meeting Minutes
Page
3
2. Case No. 07-00178 – Violation of
Section 04-2007, Resort Dwellings; Nonconforming Use Status; Rental
Restrictions on Dwellings, of the Cape Canaveral Code of Ordinances, (807
Mystic Dr.) James D. Courson, 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 the rental of a resort
condominium without the Certificate of Non-Conforming Status. Officer Alexander stated that the respondent
has advertised the short-term rental on two specific occasions.
Officer
Alexander respectfully requested that the Board find the respondent in
violation of Section 110-486, Resort Dwellings; Nonconforming Use
Status; and Section 110-487, Rental Restrictions, of the City Code and be given until
Motion by Mr.
Viens, seconded by Mr. Hale, to accept staff’s recommendation and find the
respondent in violation and be given until
3. Case No. 08-00007 - Violation of
Section 34-181, Storing, Parking, or Leaving on Private Property; Section
34-182, Notice to Abate, of the City of Cape Canaveral Code of Ordinances, (108
Tyler Ave.) – Maryann C. Gattuso & Russell Kaup, Property Owners.
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 untagged, inoperable
vehicle. Officer Alexander stated that
she was not able to put a 72-hour tow notice on the vehicle because there was a
large dog tied to it.
Officer
Alexander respectfully requested that the Board find the respondent in
violation of Section 34-181, Storing, Parking, or Leaving on Private Property;
Section 34-182, Notice to Abate, of the City Code and be given 5 days to come
into compliance or be fined two hundred and fifty dollars ($250.00) for the
first day and one hundred dollars ($100.00) everyday thereafter until found in
compliance. Discussion followed.
Motion by Ms.
Hartley, seconded by Mr. Viens, to accept staff’s recommendation and find the
respondent in violation and be given 5 days to come into compliance or be fined
two hundred and fifty dollars ($250.00) for the first day and one hundred
dollars ($100.00) everyday thereafter until found in compliance. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
Page
4
4. Case No. 07-00226 – Violation of Section 102, Tree Protection; and Section 102-39, Permits, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot on Surf Dr.) – Norman & Marie Boucher, 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 the removal of trees without a
permit. Officer Alexander stated that,
according to the City Arborist’s report, there were 12 trees removed with a
total diameter inch of 68. Ms. Alexander
further stated that the fines were calculated according to Section
102-38(b)(1), failure to obtain a permit with a fine of $250.00 per tree, plus
$250,00 per 100 square feet cleared; and Section 102-38(b)(2), removal of a
tree without a permit with a fine of $100.00 per diameter inch, for a total
penalty of $16,410.00.
Norman Boucher,
property owner, testified that the clearing of his lot came about without any
planning on his part. He stated that
while his neighbor was clearing, he asked Mr. Boucher if he wanted his lot
cleared also. Mr. Boucher explained that
he made the decision in haste based on the thought that the pepper trees were
encroaching on the neighbor to the south and FPL could not get to their
transformer, so he believed this was a good thing to do. Mr. Boucher said that if he had planned
better, he would have inquired further as to what was required by the
City. Mr. Boucher further explained that
the trees in question were not recommended for planting according to the
experts and he apologized to the Board and to City staff and stated that he
cleared the lot without thinking, it was not with malicious intent, and he
believes that the appearance of the lot has improved.
Officer
Alexander respectfully requested that the Board find the respondent in
violation of Section 102-39, Permits, of the City Code and be required to pay the penalty in the amount of
sixteen thousand four hundred and ten dollars ($16,410.00) as required by
Section 102-38(b)(1) and Section 102-38(b)(2).
City Attorney,
Kate Latorre, explained to the Board that, if they find the respondent in
violation, the fine would be calculated based on the penalty provisions of the
City Code. Attorney Latorre stated that
the Code Section 102-38(b) reads, “one or more of the following civil
fines shall apply”; and further advised that the Board could select either
Section 102-38(b)(1) or Section 102-38(b)(2) or both. Discussion followed.
Motion by Ms. Hartley, seconded by Mr. Hale, to find the
respondent in violation and be fined in accordance with Section 102-38-(b)(2);
in the amount of six thousand eight hundred dollars ($6,800.00). Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:27 P.M.
_______________________________
Mary
Russell, Chairperson
________________________________
Joy
Lombardi, Board Secretary