CITY OF COCOA BEACH, FLORIDA CODE ENFORCEMENT BOARD AGENDA DATE: AUGUST 19, 2009 LOCATION: CITY COMMISSION ROOM TIME: 9:00 A.M. 2 SOUTH ORLANDO AVENUE
Diane Elder, James Gray, Vivian Lindauer, Barbara Romano, William Vollmer, Richard L. Bates, Vice-Chairperson, Nancy P. Villarosa, Chairperson
A. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: June 24, 2009 B. 1. UNFINISHED BUSINESS Request to address the Board to reduce and/or rescind the fine/lien on the following cases: a.) Case No. 06-0431 Respondent: Almar Condominium Association, Inc., c/o Curtis R. Mosley, Esq., R. A. Address: 1493 South Atlantic Avenue Parcel ID#: 25-37-23-DD-00015.0-0011.xx Legal Description:Almar Condominium as described in O. R. Book 5587, Page 6235 and all amendments thereto, according to the plat thereof as recorded in Plat Book 03, Page 54, Public Records of Brevard County, Florida Code Section/Violation(s): 1.) Cocoa Beach Code of Ordinances, Chapter 9, Section 9-1, adoption of the Florida Fire Prevention Code, National Fire Prevention Association, (NFPA) NFPA 13 2002 edition 6.2.6.2* Painting. 2.) NFPA 13 2002 edition 6.2.6.2.1 Sprinklers shall only be painted by the sprinkler manufacturer. 3.) NFPA 13 2002 edition 6.2.6.2.2 Where sprinklers have had paint applied by other than the sprinkler manufacturer, they shall be replaced with new listed sprinklers of the same characteristics, including orifice size, thermal response, and water distribution. 4.) Standard for Fire Doors and Fire Windows. NFPA 80 1999 edition 2-3.1.7 The clearance between the edge of the door on the pull side and the frame, and the meeting edges of doors swinging in pairs on the pull side shall be 1/8 in. + 1/16 in. (3.18 mm + 1.59 mm) for steel doors and shall not exceed 1/8 in. (3.18 mm) for wood doors; FIRST OFFENSE Case Status: Case was found in non-compliance and given until May 24, 2006 to come into compliance, or beginning May 25, 2006 a fine of $200.00 per day would be imposed, per Board Order of May 17, 2006. Case came into compliance on June 1, 2006. Affidavit of Compliance was accepted by the Board on June 21, 2006. Fine accumulated to $1,200.00. Case was placed on the November 15, 2006 agenda to request a fine/lien be placed on the property. Case was continued until December 20, 2006. A fine/lien was ordered to be placed on the property, per Board Order of December 20, 2006. Total amount of fine/lien: $1,200.00. Please see attached letter dated July 17, 2009. Case No. 08-0198 Respondent: Nikor Investments, Inc., c/o Niko Mihatovic, R. A. Address of Property: 494 South Atlantic Avenue Parcel ID#: 25-37-14-DD-00028.0-0007.00 Legal Description:Lots 7 to 12, Block 28 of the Cocoa Beach Subdivision, according to the plat thereof, as recorded in Plat Book 03, Page 54, Public Records of Brevard County, Florida. Code Section/Violation(s): 1.) Cocoa Beach Code of Ordinances, Chapter 10, Art. II, Section 10-22; Enumerated conditions prohibited, declared nuisance. 2.) Cocoa Beach Code of Ordinances, Chapter 15, Section 15-23.1; Nuisance; designated personal property under certain conditions. 3.) International Property Maintenance Code (IPMC), as adopted by the Cocoa Beach Code of Ordinances, Chapter 6, Section 6-11. IPMC, Section 504. Plumbing Systems and Fixtures. Section 504.1. General. All plumbing fixtures shall be properly installed and and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. (Several boats and vehicles without current tags, in open storage; second floor landing containing tires, grills and other assorted personal property creating an obstruction and safety hazard; plumbing system and fixtures in the garages are in need of maintenance and repair.) FIRST OFFENSE
b.)
CITY OF COCOA BEACH, FLORIDA CODE ENFORCEMENT BOARD AGENDA
Case Status: Case was found in non-compliance and given until June 17, 2008 to comply, or beginning June 18, 2008 a fine of $25.00 per day would be imposed, per Board Order of May 21, 2008. As of October 7, 2008 the fine has accumulated to $2,775.00. Agenda item Nos. 1 and 2 are in compliance. Affidavit of Non-Compliance was accepted by the Board and a lien was ordered to be placed on the property, per Board Order of October 15, 2008. Case came into compliance May 20, 2009 with the understanding that a fine/lien in the amount of $8,400.00 remains due and owed. Please see attached letter received on July 31, 2009.
2.
Request to accept Affidavit of Non-Compliance and Order to Record Penalty/Lien on the following case: a.) Case No. 09-0173 Respondent: Ocean Beach Condominium Assoc., Inc., c/o James Seavy, R. A. Address of Property: 135 Hernando Lane Parcel ID#: 24-37-35-CI-00015.0-xxxx.xx Legal Description:Ocean Beach Apartments Condominium, as described in O. R. Book 2231, Page 1803 and all amendments thereto, Public Records of Brevard County, Florida. Code Section/Violation(s): 1.) Cocoa Beach Code of Ordinances, Appendix B, Land Development Code (LDC), Section 5-80 B. Building Permit Required. 2.) Cocoa Beach Code of Ordinances, Section 6-4(c)(1); Permit and permit fee required. 3.) Cocoa Beach Code of Ordinances, Section 6-4(d)(3); Work commencing before permit issuance. (Electrical and plumbing work performed and the construction of a new shed, without the required building permits.) FIRST OFFENSE Case Status: Case was found in non-compliance and given until May 20, 2009 to comply, or beginning May 21, 2009 a fine of $25.00 per day (running fine) would be imposed, per Board Order of April 15, 2009. As of August 10, 2009 the fine accumulated to $2,025.00.
C. 1.
ACCEPTANCE OF AFFIDAVITS OF COMPLIANCE: Case No. 09-0365 Respondent: END, IRA, Inc., FBO #06061304 Address of Property: 387 Angelo Lane Parcel ID#: 24-37-34-02-0000A.0-0023.00 Legal Description:West 75 feet of Lot 23, Block A of the Venetian Way Subdivision, according to the plat thereof as recorded in Plat Book 12, Page 144, Public Records of Brevard County, Florida. Code Section/Violation(s): 1.) Cocoa Beach Code of Ordinances, Appendix B, Land Development Code (LDC), Section 5-80 B. Building Permit Required. 2.) Cocoa Beach Code of Ordinances, Section 6-4(c)(1); Permit and permit fee required. 3.) Cocoa Beach Code of Ordinances, Section 6-4(d)(3); Work commencing before permit issuance. 4.) International Property Maintenance Code (IPMC), as adopted by Cocoa Beach Code of Ordinances, Chapter 6, Section 6-11. IPMC, Section 304. Exterior Structure. Section 304.13.2. Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 5.) IPMC, Section 308. Extermination. Section 308.1. Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation. 6.) IPMC, Section 605. Electrical Equipment. Section 605.1. Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. (Dock erected without the required building permit; windows screwed shut; holes in the structure allowing insect and rodent infestation; and exposed electrical wires.) FIRST OFFENSE Case Status: Case was found in non-compliance and given until June 17, 2009 to comply or beginning June 18, 2009 a fine of $10.00 per day would be imposed, per Board Order of May 20, 2009. Case came into compliance July 6, 2009 with the understanding that a fine in the amount of $180.00 remains due and owed. Case No. 08-0403 Respondent: David A. Atkisson Address of Property: 789 South Orlando Avenue Parcel ID#: 25-37-14-50-00025.A-0012.00 Legal Description:Lot 12, Block 25A, Wehmeyers Addition to the Cocoa Beach Subdivision, according to the plat thereof as recorded in Plat Book 11, Page 61, Public Records of Brevard County, Florida. Code Section/Violation(s): 1.) Cocoa Beach Code of Ordinances, Section 6-4(e)(5); Final Inspection Required. 2.) Cocoa Beach Code of Ordinances, Section 6-4(f)(1); Site Debris and Site Condition. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Page 2 of 3
2.
CITY OF COCOA BEACH, FLORIDA CODE ENFORCEMENT BOARD AGENDA
Case Status:
3.) Florida Building Code (FBC), as adopted by the City of Cocoa Beach Code of Ordinances, Chapter 6, Section 6-1. FBC, Section 3303.4. Vacant Lot. Where a structure has been demolished or removed the vacant lot shall be filled and maintained to the existing grade or in accordance with the ordinance of the jurisdiction having authority. (Vacant lot not cleared of demolition debris; Final inspection required.) FIRST OFFENSE Case was found in non-compliance and given until October 15, 2008 to comply, or beginning October 16, 2008 a fine of $25.00 per day would be imposed, per Board Order of September 17, 2008. A fine/lien was ordered to be placed on the property, per Board Order of February 18, 2009. Case came into compliance by May 5, 2009, with the understanding that a fine/lien in the amount of $5,025.00 remains due and owed. This property is under foreclosure. Bank is presently cleaning up the property.
D. E. F. G. H.
BOARD MEMBER REPORTS AND CORRESPONDENCE CODE ENFORCEMENT BOARD ATTORNEY REPORT STAFF REPORTS NEXT REGULAR MEETING DATE: September 16, 2009 – 9:00 A.M. ADJOURNMENT
Any person desiring to appeal any decision made by the Code Enforcement Board, with respect to any matter considered at such meeting or hearing, will need a record of the proceedings, and for such purposes, must ensure that a verbatim record and transcript of the proceeding is made in a form acceptable for official court proceedings, which record includes the testimony and evidence upon which the appeal is to be based. It shall be the responsibility of the person desiring to appeal any decision to prepare a verbatim record and transcript at his/her own expense, as the City does not provide one. ATTN: PERSONS WITH DISABILITIES. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing special accommodations to participate in this proceeding shall, at least forty eight (48) hours prior to the meeting, contact the Office of the City Clerk at (321) 868-3286; Florida Relay Service (800) 955-8771 (TDD); or (800) 955-8779 (Voice). All meetings are aired locally on Channel 1 TimeWarner Cablevision. (Channel 1 will be accessible on the TWC “smart box” and Zenith converter. On some cable-ready TVs and/or VCRs, Channel 1 may be accessed on Channel 99 or Channel 61, depending on the TV/VCR manufacturer.) If you are having a problem receiving audio transmission of this meeting, please call 868-3286 during business hours. After 5:00 P.M., you can call the Customer Service Department of TimeWarner at 254-8441 to report trouble.
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