CITY OF CAPE CANAVERAL

CODE ENFORCEMENT BOARD

MEETING MINUTES

MAY 22, 2008

7:00 PM

 

A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on May 22, 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

                        Lynn Mars                                           1st Alternate

                       

            MEMBERS ABSENT

 

                        Karen Hartley

Walter Godfrey

 

            OTHERS PRESENT

 

            Joy Lombardi                                      Board Secretary

            Todd Morley                                        Building Official

            Michael Richart                                   Code Enforcement Officer

            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 19, 2008.

 

Assistant City Attorney Latorre swore in all persons giving testimony.

 

NEW BUSINESS:

 

1.         Approval of Meeting Minutes: April 17, 2008.

 

Motion by Mr. Viens, seconded by Mr. Biederman, to approve the meeting minutes of April 17, 2008, as written.  Vote on the motion carried unanimously.

 

Code Enforcement Board

Meeting Minutes

May 22, 2008

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, Michael Richart testified that this Case is in compliance.

 

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, Michael Richart provided an overview of the Case history and presented exhibits for the Board’s review.  Officer Richart testified that the violation is for an unsafe structure and the respondent is in non-compliance.

 

Staff respectfully requested that the Code Enforcement Board find the respondent in non-compliance of the International Property Maintenance Code (IPMC), Section 108.1.1, Unsafe Structures; Section 303.11, Stairways, Decks, Porches and Balconies; as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and impose the fine of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars ($100.00) everyday thereafter, retroactive from August 23, 2007, until the respondent is found in compliance.

 

Motion by Mr. Ciecirski, seconded by Mr. Hale, to accept staff’s recommendation and find the respondent in non-compliance and impose the fines retroactive from August 23, 2007.  Vote on the motion carried unanimously.

 

3.         Case No. 07-00108 – Violation of Section 14-56, Existing Development; Section 14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code of Ordinances, (7520 Ridgewood Ave.) – Canaveral Towers Condominium Association, c/o Cynthia Shaffer, R.A.

 

Code Enforcement Officer, Michael Richart testified that this Case is in compliance.

 

4.                  Case No. 07-00109 – Violation of Section 14-56, Existing Development; Section 14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code of Ordinances, (8600 Ridgewood Ave.) – Royal Mansion Condominium Association, c/o Keith A. Acker, General Manager.

 

Code Enforcement Officer, Michael Richart provided an overview of the Case history and presented exhibits for the Board’s review.  Officer Richart testified that the respondent is working to correct the violation.

 

 

Code Enforcement Board

Meeting Minutes

May 22, 2008

Page 3

 

 

Staff respectfully requests that the Code Enforcement Board find the respondent in non-compliance of Section 14-56, Existing Development; Section 14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code of Ordinances, and be given until July 17, 2008 to come into compliance or impose the fine of five hundred dollars ($500.00) for the first day, one hundred and fifty dollars ($150.00) for the next day, and one hundred dollars ($100.00) everyday thereafter, retroactive from May 22, 2008.

 

Motion by Mr. Viens, seconded by Mr. Biederman, to accept staff’s recommendation and find the respondent in non-compliance and be given until July 17, 2008 to come into compliance or impose the fines retroactive from May 22, 2008.  Vote on the motion carried by a 5 to 1 majority with Mr. Mars against.

 

5.                  Case No. 07-00113 – Violation of Section 14-56, Existing Development; Section 14-55, New Development (Turtle Lighting), 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, Michael Richart provided an overview of the Case history and presented exhibits for the Board’s review.  Officer Richart testified that the respondent is working to correct the violation.

 

Staff respectfully requests that the Code Enforcement Board find the respondent in non-compliance of Section 14-56, Existing Development; Section 14-55, New Development (Turtle Lighting), of the City of Cape Canaveral Code of Ordinances, and be given until July 17, 2008 to come into compliance or impose the fine of five hundred dollars ($500.00) for the first day, one hundred and fifty dollars ($150.00) for the next day, and one hundred dollars ($100.00) everyday thereafter, retroactive from May 22, 2008.

 

Motion by Mr. Viens, seconded by Mr. Hale, to accept staff’s recommendation and find the respondent in non-compliance and be given until July 17, 2008 to come into compliance or impose the fines retroactive from May 22, 2008.  Vote on the motion carried by a 5 to 1 majority with Mr. Mars against.

 

6.         Case No. 07-00212 - Violation of Section 105.1, Permit Required; and Section 109.1, Inspections 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, Michael Richart testified that this Case is in compliance.

 

7.         Case No. 08-00021 - Violation of Section 105.1, Permit Required; and Section 109.1, Inspections 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, Michael Richart provided an overview of the Case history and presented exhibits for the Board’s review.  Officer Richart testified that the violation is for work without the required permit and inspections, specifically, the installation of store-front windows.

 

Code Enforcement Board

Meeting Minutes

May 22, 2008

Page 4

 

 

Because of a previous violation concerning an unpermitted ground sign, staff respectfully requested that the Code Enforcement Board find the respondent a repeat violator of the Florida Building Code (FLBC), Section105.1, Permit Required; and Section 109.1, Inspections General; 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) for the first day and one hundred and twenty-five dollars ($125.00) for everyday thereafter, until found in compliance.

 

Pantelis Markogiannakis, property owner, testified that he did not know the sign was installed without the permit and further stated that he had trouble finding a window contractor and specifications on the windows.

 

Assistant City Attorney, Kate Latorre, requested verification that the respondent was found in violation of the same code section to establish the status of a repeat violator.  The Code Enforcement Officer could not confirm.

 

Motion by Mr. Viens, seconded by Mr. Hale, to postpone the case until the next scheduled meeting date (June 19, 2008) to provide the code enforcement officer time to verify the code section cited for the ground sign.  Vote on the motion carried unanimously.

 

8.         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, Michael Richart provided an overview of the Case history and presented exhibits for the Board’s review.  Officer Richart testified that the violation is for not obtaining the required Certificate of Occupancy for a three-unit condominium building.  Officer Richart 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; which is for this reason that the Building Official has withheld issuance of the Certificate of Occupancy.

 

Staff respectfully requested that the Board find the respondent in non-compliance 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 impose the fine of two hundred and fifty dollars ($250.00) per day until found in compliance.  Discussion followed.

 

William Young, property owner, testified that he installed the drainage lines to relieve some of the storm water drainage problems at Bayside Condominium.  Mr. Young stated that an easement agreement had to be drafted, signed by both developments (Bayside Condominium & Bayport Condominium), and recorded with the County; however, due to unreasonable requests of Bayside Condominium, they have not signed the agreement.  

 

 

 

Code Enforcement Board

Meeting Minutes

May 22, 2008

Page 5

 

 

Mr. Young explained that the situation is out of his hands and believes that they will sign the document.  Mr. Young further stated that he could cap the lines to comply with the original site plan, but it is not in the best interest of the development.

 

Todd Morley, building official, suggested that we get the opinion of the City Engineer before the lines are capped.  Discussion followed.

 

Motion by Mr. Biederman, seconded by Mr. Viens, to postpone the case until the next scheduled meeting date (June 19, 2008) to give the City Engineer time to determine if the line could be capped.  Vote on the motion carried unanimously.

 

PUBLIC HEARINGS:

 

1.         Case No. 07-00213 - Violation of Section 31.3.4, Detection, Alarm, & Communications Systems; Section 31.3.4.1, General; and Section 31.3.4.1.1, Apartment Buildings, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (120 Seaport Blvd.) – Villages of Seaport Condo. Association, c/o Russell E. Kemm, R.A.

 

Code Enforcement Officer, Michael Richart provided an overview of the Case history and presented exhibits for the Board’s review.  Officer Richart testified that a safety inspection by the fire inspector reveled the fire alarm system needs to be upgraded to a monitored system according to the National Fire Protection Association Code (NFPA).

 

John Cunningham, Assistant Fire Chief, testified that the existing fire alarm system is not up to the current fire code due to the fact that it is not a monitored system.  Mr. Cunningham explained that there is an exemption to the code, which is to provide a one-hour fire separation between the units (firewall).  This would allow the association to remove the existing alarm system.

 

John Olive, President of the Condominium Association, testified that the current monitoring system needed to be activated; however, the association would have to spend approximately twenty thousand dollars every year for 17 buildings for the monitoring.  The association decided to install the firewalls as required by the code.  Mr. Olive stated that the association hired a contractor to do the repairs and he (the contractor) has submitted the permit applications and plans for the firewalls.  Discussion followed.

 

Mr. Cunningham testified that, based on a brief review, the plans do not appear to be adequate to meet the previsions of the code that would exempt the association from having the fire alarm system monitored.  Mr. Cunningham stated that he provided a copy of the code exemptions to the contractor and he would discuss it further with him.

 

Staff respectfully requests that the Code Enforcement Board find the respondent in violation of Section 31.3.4, Detection, Alarm, & Communications Systems; Section 31.3.4.1, General; and Section 31.3.4.1.1, Apartment Buildings, of the Florida Fire Prevention Code, as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, and be given until November 20, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day, retroactive from May 22, 2008, until found in compliance.

 

Code Enforcement Board

Meeting Minutes

May 22, 2008

Page 6

 

 

Mr. Cunningham explained that the violation is a life safety issue and stated that the fire department would require the association to provide plan revisions within 30 to 60 days in order to have some progression to correct the violation. 

 

Assistant City Attorney, Kate Latorre, explained that, for the purpose of the Code Enforcement Board, the compliance date reflects the date that the respondent would be required to be in total compliance before the fines are imposed.  Discussion followed.

 

Motion by Mr. Ciecirski, seconded by Mr. Hale, to accept staff’s recommendation and find the respondent in violation and be given until November 20, 2008 to come into compliance or be fined two hundred and fifty dollars ($250.00) per day, retroactive from May 22, 2008, until found in compliance.  Discussion followed.  Vote on the motion carried unanimously.

 

2.         Case No. 08-00054 – Violation of Section 110-555, Paving of Vehicular Areas; Section 110-492, Location of Spaces; Section 110-339, Off-street Parking & Access; and Section 110-466, Application of Performance Standards, of the Cape Canaveral Code of Ordinances, (9009 Astronaut Blvd.) Portview Inn & Suites LLC dba Country Inn & Suites, Dale L. Cox, R.A., Kelly Powell, GM.

 

Code Enforcement Officer, Michael Richart provided an overview of the Case history and presented exhibits for the Board’s review.  Officer Richart testified that the violation is for parking on the grass.

 

Staff respectfully requests that the Code Enforcement Board find the respondent in violation of Section 110-555, Paving of Vehicular Areas; Section 110-492, Location of Spaces; Section 110-339, Off-street Parking & Access; and Section 110-466, Application of Performance Standards, of the Cape Canaveral Code of Ordinances in order to establish the violation; therefore, if the violation should reoccur, the respondent could be found a repeat violator and a fine of five hundred dollars ($500.00) per day could be imposed.

 

Kelly Powell, General Manager for Country Inn & Suites, testified that when the fire department asked them to remove the vehicles from the access road, they asked their guests to park on the grass.  Ms. Powell stated that this was during their peak volume season and once the guests saw vehicles parked on the grass, they all parked there.  Ms. Powell explained that they have since moved all the cars, and are in the process of obtaining a permit to pave two extra rows of parking so this problem does not reoccur.

 

Motion by Mr. Viens, seconded by Mr. Ciercirski, to accept staff’s recommendation and find the respondent in violation.  Vote on the motion carried unanimously.

Code Enforcement Board

Meeting Minutes

May 22, 2008

Page 7

 

 

 

ADJOURNMENT:

 

There being no further business the meeting adjourned at 8:57 P.M. 

 

Approved on this _____day of_______________________________, 2008.

 

 

 

                                                                        _______________________________

                                                                        Mary Russell, Chairperson

 

 

________________________________

Joy Lombardi, Board Secretary