CITY OF CAPE CANAVERAL

CODE ENFORCEMENT BOARD

MEETING MINUTES

JULY 31, 2008

7:00 PM

 

A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on July 31, 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

                        Charles Biederman

Edward Ciecirski

                        Walter Godfrey

James Hale

                        Karen Hartley

                        Lynn Mars                                         1st Alternate

                       

            MEMBERS ABSENT

 

                        Raymond Viens                               Vice-Chairperson

           

            OTHERS PRESENT

 

            Duree Alexander                             Code Enforcement Officer

            Joy Lombardi                                                Board Secretary

            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 August 21, 2008.

 

Assistant City Attorney Latorre swore in all persons giving testimony.

 

NEW BUSINESS:

 

1.         Approval of Meeting Minutes: June 19, 2008.

 

Motion by Mr. Biederman, seconded by Mr. Hale, to approve the meeting minutes of June 19, 2008, as written.  Vote on the motion carried unanimously.

 

2.         Interview Perspective Board Member, Ralph S. Lotspeich, Jr.

 

Mr. Lotspeich testified that he has been a Brevard County resident since 1963.  He stated that he currently resides at the Puerto Del Rio Condominium, and has several rental properties in Cape Canaveral.  Mr. Lotspeich explained that he will retire from the Department of Defense in five years and is interested in serving on the Code Enforcement Board.

 

Motion by Mr. Biederman, seconded by Mr. Godfrey, to recommend that City Council appoint Mr. Lotspeich as an alternate board member.  Vote on the motion carried unanimously.

 

3.         Interview Perspective Board Member, Rosanne Scirotto.

 

Ms. Scirotto testified that she has been a resident of the City of Cape Canaveral for 25 years.  She stated that she has been a business owner for the past twelve years, and she hears a lot of complaints from her customers within the City.  Ms. Scirotto explained that she saw the advertisement on the City’s marquee and thought she could bring the complaints to the City’s attention.

 

Mary Russell, Chairperson, explained that as a Board Member she would not be able to bring forward a complaint.  Chairperson Russell stated that members of the Code Enforcement Board are to maintain a fair and impartial perspective; therefore, the persons of interest would have to bring their own complaints to the City’s attention.

 

Motion by Mr. Ciecirski, seconded by Mr. Hale, to recommend that City Council appoint Ms. Scirotto as an alternate board member.  Vote on the motion carried unanimously.

 

COMPLIANCE HEARINGS:

 

1.            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, Duree Alexander provided an overview of the Case history.  Officer Alexander testified that the respondent has come a long way in the attempt to bring the property into compliance.  Officer Alexander explained that there are a few issues left in order for the respondent to be in full compliance.

 

Nancy Lewis, General Manager, presented photos and invoices for the new light fixtures that have been installed.  Ms. Lewis stated that they have provided information for the guests to close blinds or turn off the lights after 9 pm, and they have blacked out the site globe lights.  She explained that the condominium association has recently trimmed the sea grapes and pepper trees on the dune; so when they grow, the vegetation will help shield the lights on the beach.

 

Officer Alexander respectfully requested that the Board amend the Order to grant the respondent until October 23, 2008 to come into compliance.

 

Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff’s recommendation and give the respondent until October 23, 2008 to come into compliance or impose the fines of the Board Order.  Vote on the motion carried unanimously.

 

2.         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, Duree Alexander testified that this Case is in compliance.

 

PUBLIC HEARINGS:

 

1.         Case No. 08-00063 – 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, (6103 N. Atlantic Ave.) JWL, LLC, c/o Keith Bennett, R.A.

 

Code Enforcement Officer, Duree Alexander provided an overview of the Case history and testified that the violation is work without the required permit and inspection.  Officer Alexander explained that the respondent obtained a permit for the ground sign but it expired without an approved final inspection.  Officer Alexander stated that the Community Appearance Board (CAB) approved the request with the condition that a planter be installed at the base of the ground sign.  The condition was not met and the CAB approval from March 3, 2007 has expired.  Officer Alexander testified that the respondent has not contacted her and would not accept any of her notices.

 

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, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; and immediately impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance.

 

Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff’s recommendation and find the respondent in violation, and immediately impose a fine in the amount of one hundred and fifty dollars ($150.00) 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. 08-00083 – 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, (5801 N. Atlantic Ave. Unit 703) – Edward W. & Jessie Dora Ciecirski, Property Owners.

 

Code Enforcement officer, Duree Alexander provided an overview of the Case history.  Officer Alexander testified that the violation is for the installation of hurricane shutters without the required permit and inspections.  Officer Alexander stated that the contractor applied for the permit on Tuesday, July 29, 2008 and recommended additional time to come into compliance.

 

Edward Ciecirski, property owner, testified that he purchased the shutters from another company and hired American Eagle to install them; and stated that he assumed they (American Eagle) pulled the permit.  Mr. Ciecirski stated that he has contacted American Eagle to obtain the permit and they assured him that they would take care of it.  He further stated that he would be in compliance by August even if he had to remove the shutters.

 

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, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, and be given until August 21, 2008 to come into compliance.

 

Motion by Mr. Hale, seconded by Mr. Godfrey, to accept staff’s recommendation and find the respondent in violation, and be given until August 21, 2008 to come into compliance.  Vote on the motion carried unanimously.

 

OLD BUSINESS:

 

1.            Case No. 05-000113 & 06-00097 – Violation of Section 34-97, Duties and responsibilities for maintenance; Section 34-122, Public nuisances prohibited; Section 34-126, Remedy by the City; Section 34-98(4), Building Appearance and Maintenance; Section 302, International Property Maintenance Code – Rodent Harborage, of the Cape Canaveral Code of Ordinances, (116/118 Tyler Ave.) – Bradley C. Clarke, Property Owner.  (Application for Satisfaction or Release of Code Enforcement Lien)

 

Officer Alexander stated the Case has been withdrawn from the agenda.

 

ADJOURNMENT:

 

There being no further business the meeting adjourned at 7:50 P.M. 

 

Approved on this _____day of_______________________________, 2008.

 

 

 

                                                                        _______________________________

                                                                        Mary Russell, Chairperson

 

 

________________________________

Joy Lombardi, Board Secretary