CITY OF CAPE CANAVERAL

CODE ENFORCEMENT BOARD

MEETING MINUTES

APRIL 17, 2008

7:00 PM

 

A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 17, 2008, 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

                        Raymond Viens                                  Vice-Chairperson

Charles Biederman

Edward Ciecirski

                        James Hale

                        Karen Hartley

                        Lynn Mars                                           2nd Alternate

                       

            MEMBERS ABSENT

 

                        Walter Godfrey

 

            OTHERS PRESENT

 

            Mia Goforth                                          Recording Secretary

                        Shannon Roberts                                City Council Member

                        Kate Latorre                                        Assistant City Attorney

 

The Board members established that the next meeting would be held on May 22, 2008.

 

Assistant City Attorney Latorre swore in all persons giving testimony.

 

NEW BUSINESS:

 

1.         Approval of Meeting Minutes: March 20, 2008.

 

Motion by Mr. Biederman, seconded by Mr. Viens, to approve the meeting minutes of March 20, 2008, as written.  Vote on the motion carried unanimously.

 

Code Enforcement Board

Meeting Minutes

April 17, 2008

Page 2

 

 

COMPLIANCE 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 testified that this Case is in compliance.

 

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 testified that this Case is in compliance.

 

3.         Case No. 07-00206 - 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, (7004 N. Atlantic Ave.) – Mary M. Beasley, Trustee.

 

Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.

 

4.                  Case No. 07-00215 – Violation of Section 105.1, Required; and Section 109.1 General, of the Florida Building Code, as adopted by Section 82-31; Section 94-31, Permit Required; Section 22-40, Approval Prerequisite for Permits; and Section 94-4, Exemptions, of the City of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd.) – Pantelis Markogiannakis, Owner.

 

Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.

 

5.                  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 testified that this Case is in compliance.

 

PUBLIC HEARINGS:

 

1.         Case No. 07-00212 - 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, (121 Monroe Ave.) – Richard Kopitas, 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 stated that the respondent applied for the permit and if he is granted additional time he could come into compliance.

Code Enforcement Board

Meeting Minutes

April 17, 2008

Page 3

 

 

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 May 22, 2008 to come into compliance or be fined fifty dollars ($50.00) for the first day and twenty-five dollars ($25.00) everyday thereafter until found in compliance.

 

Motion by Mr. Hale, seconded by Mr. Viens, to accept staff’s recommendation and find the respondent in violation and be given until May 22, 2008 to come into compliance or be fined fifty dollars ($50.00) for the first day and twenty-five dollars ($25.00) everyday thereafter until found in compliance.  Vote on the motion carried unanimously.

 

2.         Case No. 08-00009 – Violation of Section 70-68, Violation, Penalty; 70-69, Receipt Required, Payment of Tax Prerequisite to issuance; and Section 70-71, Engaging in Business Without Paying Tax or Making Reports, of the Cape Canaveral Code of Ordinances, (7725 Poinsetta Ave.) Delorse A. Kopitas, Property Owner.

 

Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.

 

3.         Case No. 08-00021 - 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, (8501 Astronaut Blvd.) – Pantelis Markogiannakis, 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 work without obtaining the required permit and inspections.  Officer Alexander stated that the respondent has been previously cited for work without a permit and further stated that Mrs. Markogiannakis requested an extension in writing.

 

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 May 22, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) for the first day and one hundred and twenty-five dollars ($125.00) everyday thereafter until found in compliance. 

 

Motion by Mr. Viens, seconded by Mr. Ciercirski, to accept staff’s recommendation and find the respondent in violation and be given until May 22, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) for the first day and one hundred and twenty-five dollars ($125.00) everyday thereafter until found in compliance.  Vote on the motion carried unanimously.

 

4.         Case No. 08-00023 – Violation of Section 110-91, Conformity to Plans, Specifications, Intended Uses and Applications; Section 110-121, Certificate of Occupancy Required; and Section 110.1, Use and Occupancy; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (576-580 Casa Bella Dr.) – John R. Kancilia, Esq. R.A., William Young, MGRM.

 

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

Code Enforcement Board

Meeting Minutes

April 17, 2008

Page 4

 

 

for not obtaining the required Certificate of Occupancies for the three units.  Officer Alexander stated that the respondent has not complied with the St. Johns River Water Management District (SJRWMD) permit requirements for the storm water system changes that were made and the developer has sold one of the units without the Certificate of Occupancy.

 

Officer Alexander respectfully requested that the Board find the respondent in violation of Section 110-91, Conformity to Plans, Specifications, Intended Uses and Applications; Section 110-121, Certificate of Occupancy Required; and Section 110.1, Use and Occupancy; of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and be given until May 22, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day until found in compliance.  Discussion followed.

 

Motion by Mr. Viens, seconded by Mr. Ciercirski, to accept staff’s recommendation and find the respondent in violation and be given until May 22, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day until found in compliance.  Vote on the motion carried unanimously.

 

OLD BUSINESS:

 

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, the City Ordinance Section 2-260, provides the violator with an opportunity to request a satisfaction or release of the lien based on the gravity of violation, the time it took to comply, the amount of the lien, any previous violations, and any other mitigating circumstances that may warrant the reduction of the fine.  Ms. Alexander further stated that the respondent was required to provide a remedial action plan as per Section 102-49 of the City Code.

 

Norman Boucher, property owner, testified that the portion of the lot that was cleared was small in comparison to the size of the lot (approximately 17%).  Mr. Boucher explained that the majority of the trees that were removed consisted of dense pepper trees and scrub oak.  Mr. Boucher expressed his apologies and stated that his actions were not malicious. 

 

Mr. Boucher stated that he has considered a mitigation plan that consists of planting four 3” trees of the City’s choice in Banana River Park, and to compensate the staff in the amount of $500.00.  Mr. Boucher is asking for the Board’s consideration for the satisfaction of the lien.

 

Tom Garboski, of 303 Surf Drive, testified that the lot clearing was a travesty and stated that the Board should consider instituting the original fine.  Mr. Garboski stated that the lot was overgrown, however, the Laurel Oaks that were taken would have been very nice trees.  The clearing happened during a long weekend and he believed that Mr. Boucher’s actions were calculated.  Mr. Garboski further stated that he believed that, because of the clearing, the wildlife has been displaced.

Code Enforcement Board

Meeting Minutes

April 17, 2008

Page 5

 

 

City Attorney, Kate Latorre, explained to the Board that, according to Section 102-49(a) of the City Code, the respondent is required to remediate according to the code and there is not a lot of room for discretion.  The mitigation plan is in addition to the fine imposed; however, the Board does have the discretion to reduce the fine of $6,800.00.  Ms. Latorre recommended that the mitigation plan be a condition if the Board decides to recommend to City Council a reduction in the fine.  Discussion followed.

 

Motion by Ms. Hartley, seconded by Mr. Viens, to recommend to City Council that the fine, in accordance with Section 102-38-(b)(2), in the amount of six thousand eight hundred dollars ($6,800.00) be imposed.  Vote on the motion carried by 4 to 3 majority, with Charles Biederman, for; James Hale, against; Karen Hartley, for; Mary Russell, for; Raymond Viens, for; Ed Ciecirski, against; Lynn Mars, against.

 

ADJOURNMENT:

 

There being no further business the meeting adjourned at 8:10 P.M. 

 

Approved on this _____day of_______________________________, 2008.

 

 

                                                                        _______________________________

                                                                        Mary Russell, Chairperson

 

 

________________________________

Joy Lombardi, Board Secretary