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
Craig Stewart Vice
Chairperson
Charles Biederman
Walter Godfrey
James Hale
Karen Hartley
Raymond Viens
Edward Ciecirski 1st
Alternate
Lynn Mars 2nd
Alternate
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. Godfrey, 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 the
required permit and inspections. Officer
Alexander stated that the respondent has obtained the permit, but not the
approved final inspection. Ms. Alexander
further stated that the permit would not expire until
Officer Alexander requested that the Board find the
respondent in non-compliance and be given until
Michael Conroy
testified that the balcony failed the City inspection due to the fact that the
builder did not secure the brace according to the engineered plans. Mr. Conroy stated that as soon as he can get
a determination from the engineer, he would submit a revised plan or make the
required changes and call for the final inspection. Discussion followed.
Motion by Mr.
Stewart, seconded by Mr. Viens, to accept staff’s recommendation and give the
respondent until
2. 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 and stated
that the respondent has obtained the required permit but not the approved final
inspection. Ms. Alexander further stated
that the permit would not expire until
Officer Alexander requested that
the Board find the respondent in non-compliance and be given until
Code Enforcement Board
Meeting Minutes
Page 3
Motion by Mr. Stewart, seconded by
Mr. Hale, to accept staff’s recommendation and give the respondent until
3. Case No. 07-00133 – Violation of Section 303, Exterior Structures; and Section 303.13, Handrails and Guards, of the International Property Maintenance Code, as adopted by Section 82-221 of the City of Cape Canaveral Code of Ordinances; and Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (244 Cherie Down Ln.) French Lanham, Property Owner.
Code Enforcement Officer, Duree Alexander
testified that this Case is in compliance.
PUBLIC HEARINGS:
1. Case No. 06-00126 – 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 of Cape Canaveral Code of Ordinances, (518 Harrison Ave.) William M. Forrester, Jr., 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 replaced an aluminum structure without
the required permit and inspections.
Officer Alexander stated that the respondent has obtained the permit,
however did not pass the final inspection due to the fact that the structure is
encroaching in the setbacks, and the driveway and parking requirement has not
been completed. Ms. Alexander explained
that when the respondent moved the structure over to his property line, he
created a parking problem with his neighbor, which was to be addressed with the
change of the driveways; however, his neighbor will not respond. Officer Alexander further stated that the
permit has expired.
William
Forrester, Jr., property owner, testified that the carport structure was
damaged during the hurricane season of 2004; and it was his understanding that
no permit was required to repair it. Mr.
Forrester stated that he wanted a stand-alone carport, however the City’s
Community Appearance Board denied the request.
He explained that he tried to recover any of the undamaged portions of
the carport and moved the structure west
to his property line in an effort to avoid the encroachment of the
setbacks. This created a parking problem
with his neighbor that he worked out with the building department; whereby he
was to take out the grass area and replace it with pervious paving along the
entire front of the complex so that the neighbors would be able drive straight
in. However, the neighbors are not
willing to help with this effort due to the fact that they seem to be content
with driving over the grass, as they always have. Mr. Forrester further stated that, upon the
City’s inspection, he was told that the structure still encroached on the
setback one foot and four inches. Mr. Forrester asked the City Attorney if he
could be required to allow the neighbor to park on his property or if he could
be required to pave property that does not belong to him.
Code Enforcement Board
Meeting Minutes
Page 4
Officer
Alexander respectfully requested that the Board find the respondent in
violation of Section 105.1, Permit Required; and Section 109.1, Inspections
General, of the Florida Building Code, and be given until
Motion by Mr.
Godfrey, seconded by Mr. Viens, to accept staff’s recommendation and find the
respondent in violation of Section 105.1, Permit Required; and Section 109.1,
Inspections General, of the Florida Building Code, and be given until
2. Case No. 07-00134 – Violation of Section 105.1, Required; and
Section 109.1 General, of the
Code Enforcement
Officer, Duree Alexander testified that this Case is in compliance.
3. Case No. 07-00151 – Violation of
Section 94-76(a), Temporary On-Premises Signs, of the City of
Code Enforcement
Officer, Duree Alexander testified that this Case is in compliance.
OLD BUSINESS:
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. (Foreclosure on Lien)
Code Enforcement Officer, Duree Alexander provided a
brief overview of the Case history stating that the Code Enforcement Board
found the respondent in violation on
Code Enforcement Board
Meeting Minutes
Page 5
Officer Alexander respectfully requested that the Board
recommend that the City Attorney foreclose on this non-homesteaded property.
Motion by Mr.
Stewart, seconded by Mr. Godfrey, to accept staff’s recommendation for the City
Attorney to begin foreclosure action on the property. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 8:08 P.M.
_______________________________
Mary
Russell, Chairperson
________________________________
Joy
Lombardi, Board Secretary