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									CITY OF COCOA BEACH, FLORIDA CODE ENFORCEMENT BOARD AGENDA DATE: MARCH 18, 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: February 18, 2009

B. 1.

NON-COMPLIANCE HEARING CASES Case No. 09-0041 Respondent: Fatima C. Phillips Address of Property: 104 East Leon Lane Parcel ID#: 24-37-26-CI-00026.0-0009.00 Legal Description:Lot 9 of Block 26 of the Cocoa Ocean Beach Subdivision, according to the plat thereof as recorded in Plat Book 10, Page 16, 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. (Installation of a new garage door and screen room, without the required building permits.) FIRST OFFENSE Case No. 09-0202 Respondent: Dara O’Suilleabhain Address of Property: 233 North Brevard Avenue Parcel ID#: 25-37-10-80-00105.A-0005.00 Legal Description:Lot 5 of Block 105A, 5th Addition to amended plat of the Cocoa Beach Subdivision, according to the plat thereof as recorded in Plat Book 10, Page 48, 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. (New Florida room converted from screen room and new roof erected, without the required building permits.) FIRST OFFENSE Case No. 09-0090 Respondent: Beachwood Investments Two, Inc., c/o Alan Greenstein, R. A. Address of Property: 637 South Orlando Avenue Parcel ID#: 25-37-14-51-00026.A-0004.00 Legal Description:Lots 4, 5, and 6 of Block 26A, Parsons Addition to the to the Cocoa Beach Subdivision, according to the plat thereof, as described in Plat Book 11, Page 57, 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.) LDC, Section 4-66. Swimming Pools. Any portion of a swimming pool to which access may be obtained from outside a residence, building or similar structure, there shall always be an enclosure of a permanent nature, not less that four (4) feet high, said enclosure to be so constructed so as to prevent access by persons through such enclosure. (Installation of new doors, windows, fencing and concrete walls without building permits; electrical and mechanical work performed also without the required building permits; and a swimming pool open to pedestrian access, creating a safety issue.) FIRST OFFENSE

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CITY OF COCOA BEACH, FLORIDA CODE ENFORCEMENT BOARD AGENDA

C. 1.

UNFINISHED BUSINESS Case No. 08-0429 Respondent: Donald E. Stewart Address of Property: 961 Bali Road Parcel ID#: 25-37-10-CW-0000J.0-0004.00 Legal Description:Lot 4, Block J, 4th Addition to the Cocoa Isles Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 53, 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 F. Construction and use to be as provided in applications, plans, permits, and certificates of occupancy. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the building inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. 2.) Cocoa Beach Code of Ordinances, Section 6-4(d)(1); Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction, or violation of this code. 3.) Cocoa Beach Code of Ordinances, Section 6-4(e)(5); Final inspection required. No building, use or improvement is deemed complete or authorized for use until receiving final inspection approval by the building official. 4.) Florida Building Code (FBC), as adopted by Cocoa Beach Code of Ordinances, Chapter 6, Section 6-1. FBC, Section 106.4. Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 5.) LDC, Section 4-08 C. All driveways shall be constructed with a minimum setback distance of five (5) feet from any interior property line, and with a two (2) foot minimum offset from the property line at the roadway connection. (Installation of driveway not in accordance with approved plans.) FIRST OFFENSE Case Status: Case was continued until August 20, 2008, per Board Action of July 16, 2008. Aug. 20, 2008 meeting was cancelled due to T.S. Fay and rescheduled for September 17, 2008. Case was continued until October 15, 2008, per Board Action of September 17, 2008. Case has been administratively continued because an appeal to a decision of an administrative official has been filed. This pursuant to Land Development Code, Section1-51(c) 5, “Stay of Proceeding.” Case was continued until January 21, 2009, per Board Action of October 15, 2008. (Staff will request a continuance on this case given it remains under administrative review.) Case was continued until March 18, 2009, per Board Action of January 21, 2009. Request to address the Board to reduce and/or rescind the fine/lien on the following case: Case No. 07-0427 Respondent: Uff Daa, Inc., c/o Donna Turk, R. A. Address of Property: 1275 North Atlantic Avenue Parcel ID#: 25-37-03-00-00760.0-0000.00 Legal Description:Part of South 330 feet of Southeast ¼ of Southeast ¼ and part of North 148.84 feet of Northeast ¼ of Northeast ¼ of Section 10, all lying West of State Road A1A, as described in O. R. Book 3010, Page 3639, Paragraphs 1, 1.1 in Section 10, part of Government Lots 1, 2 and un-surveyed, 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. (Various construction work performed including electrical work, new windows, doors, exterior walls, etc., without obtaining the required city building permit.) FIRST OFFENSE Case Status: Case was continued until September 19, 2007, per Board Action of August 15, 2007. Case was found in non-compliance and given until October 17, 2007 to come into compliance or beginning October 18, 2007 a fine of $10.00 per day would be imposed, per Board Order of September 19, 2007. Case came into compliance May 25, 2008. Fine accumulated to $2,200.00. A lien was ordered to be placed on the property, per Board Order of May 21, 2008. Affidavit of Compliance was accepted by the Board on September 17, 2008 with the understanding that a fine/lien in the amount of $2,200.00 remains due and owed. Please see attached letter received March 2, 2009.

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CITY OF COCOA BEACH, FLORIDA CODE ENFORCEMENT BOARD AGENDA

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Request for the Board to authorize the City attorney to foreclose on a lien on the following case: a.) Case No. 05-0536 Respondent: Rhoda Solano, c/o Sunset Café Address of Property: 500 West Cocoa Beach Causeway Parcel ID# 24-37-34-CI-00046.0-0012.05 Legal Description:Cocoa Ocean Beach Subdivision, part of filled lands adjacent to Lot 12, as described in O. R. Book 1377, Page 119, Block 46, according to the plat thereof, as described in Plat Book 10, Page 16, 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 F. Construction and use to be as provided in applications, Plans, Permits and Certificates of Occupancy. (Use of parking/dockage for boats for charter not approved arrangement. Conversion of dockage to outdoor seating not approved arrangement.) 2.) LDC, Section 6-25 (f). Prohibited Signs and Sign Features. Banner Signs. Banners, balloons, pendants or streamers, except temporary signs in accordance with Section 6-17 (j) are prohibited. 3.) LDC, Section 6-05. No sign shall be erected or installed until a permit has been issued. 4.) Cocoa Beach Code of Ordinances, Chapter 13, Section 13-2. Occupational License Required, and Section 13-32, Certificate of Use Required (Operating a business without an Occupational License and/or Certificate of Use.); FIRST OFFENSE Case Status: Case was continued until January 18, 2006, per Board Action of October 19, 2005. Case was found in non-compliance and given until February 15, 2006 to come into compliance or beginning February 16, 2006, a fine of $100.00 per day would be imposed, per Board Order of January 18, 2006. Partial compliance (Items 2, 3 & 4) was achieved on March 3, 2006. A lien was ordered to be placed on the property, per Board Order of November 14, 2007 Final compliance achieved October 31, 2008. Total fine/lien accumulated to $98,800.00. Foreclosure action was continued until December 17, 2008, per Board Action of November 19, 2008. Case was moved to the January 21, 2009 meeting due to the cancellation of the December 17, 2008 meeting. Case was continued until February 18, 2009, per Board Action of January 21, 2009. Case was deferred until March 18, 2009, per Board Action of February 18, 2009. (Fine has been paid – no action required. Case will be withdrawn.)

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Request to accept Affidavit of Non-Compliance and Order to Record Penalty/Lien on the following case: a) Case No. 07-0750 Respondent: The Glass Building Condominium Assoc., Inc., c/o Joseph Yossifon, R. A. Address of Property: 505 North Orlando Avenue Parcel ID#: 25-37-10-CZ-00000.0-xxxx.xx Legal Description:The Glass Building Condominium, as described in O. R. Book 2546, Page 2308, and all amendments thereto, according to the Plat thereof, as recorded in Plat Book 09, Page 27, Public Records of Brevard County, Florida Code Section/Violation(s): International Property Maintenance Code (IPMC), as adopted by Cocoa Beach Code of Ordinances, Chapter 6, Section 6-11. IPMC, Section 304. Exterior Structure. Section 304.1. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety and welfare. Section 304.4. Structural Members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. Section 304.6. Exterior Walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Section 304.13. Window, Skylight and Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (Structure in need of maintenance and repair with broken windows, missing exterior covering exposing framing members to the elements.) FIRST OFFENSE Case Status: Case was continued until August 20, 2008, per Board Action of July 16, 2008. August 20, 2008 meeting was cancelled due to Tropical Storm Fay and rescheduled for September 17, 2008. Case was continued until October 15, 2008, per Board Action of September 17, 2008. Case was found in non-compliance and given until November 19, 2008 to come into compliance or beginning November 20, 2008 a fine of $200.00 per day (running fine) would be imposed, per Board Order of October 15, 2008. As of March 10, 2009 the fine has accumulated to $22,000.00.

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CITY OF COCOA BEACH, FLORIDA CODE ENFORCEMENT BOARD AGENDA

5.

Request an Order to Record Penalty/Lien on the following case: a) Case No. 07-0908 Respondent: Thelma & Keith Hurlburt, Life Estate Address of Property: 102 Aucila Road Parcel ID#: 25-37-15-03-000S1.0-0025.00 Legal Description:Lot 25, South Isle No. 1, Addition 1 of the River Isles Subdivision, according to the plat thereof, as recorded in Plat Book 12, Page 60, Public Records of Brevard County, Florida. Code Section/Violation(s): 1.) Cocoa Beach Code of Ordinances, Appendix B, Land Development Code (LDC), Section 1-11, A & B. Structure erected in location not in compliance with City regulations. 2.) LDC, Section 5-80 B. Building Permit Required. 3.) LDC, Section 4-38. Every part of required yard shall be open and unobstructed. 4.) LDC, Table 4.01A – Minimum side yard in RS-1 District (80 feet wide) is eight (8) feet. (Covered structure/addition erected in the side of the property within a required side yard, without obtaining the required city building permits.) FIRST OFFENSE Case Status: Case was found in non-compliance and given until June 17, 2008 to come into compliance, or beginning June 18, 2008 a fine of $25.00 per day (running fine) would be imposed, per Board Order of May 21, 2008. Case came into compliance by October 6, 2008 with the understanding that a fine in the amount of $2,750.00 remains due and owed. Affidavit of Compliance was accepted by the Board, per Board Action of October 15, 2008 with the understanding that a fine of $2,750.00 remains due and owed.

D. 1.

ACCEPTANCE OF AFFIDAVIT OF COMPLIANCE Case No. 09-0020 Respondent: FUE Investments, LLC, c/o Mordechai Boaziz, R. A. Address of Property: 3680 North Atlantic Avenue Parcel ID#: 24-37-34-CI-00050.0-0014.01 Legal Description:Part of Lots 2, 13, 14 of Block 50 and part of Lots 1, 2, of Block 51 and that part of Flagler Lane lying between Lot 13 and 14 of Block 50 and Lots 1 and 2 of Block 51, as described in O. R. Book 4525, Page 1938, according to the plat thereof, as recorded in Plat Book 10, Page 16, 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. (Untended growth of grass and weeds in excess of 12 inches in height and assorted trash and debris throughout the property.) FIRST OFFENSE Case Status: Case was found in non-compliance and given until February 18, 2009 to come into compliance or beginning February 19, 2009 a fine of $25.00 per day (running fine) would be imposed, per Board Order of January 21, 2009. Case came into compliance February 18, 2009 with no fine assessed. BOARD MEMBER REPORTS AND CORRESPONDENCE CODE ENFORCEMENT BOARD ATTORNEY REPORT STAFF REPORTS NEXT REGULAR MEETING DATE: April 15, 2009 – 9:00 A.M. ADJOURNMENT

E. F. G. H. I.

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 199 Brighthouse Networks. If you are having a problem receiving audio transmission of this meeting, please call 868-3219.

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