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HomeMy WebLinkAboutCEB 1988 MinutesCITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 1988 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on November 17, 1988, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairman Stenglein called the meeting to order at 7:31 p.m. The Secretary called the roll. Member. Present Charles Stenglein Chairman Mary Russell Vice -Chairman Jeanne Benson George Hutchinson Roy Moeller James Okell gust Alternate Jean Porter -Gabler Helen Kirchofer Second Alternate Members Absent Donald Arabian Others Present Kohn Bennett Deputy City Attorney Joy Salamone Mayor Bob Hong Mayor Pro Tam Rocky Randels Council Member Leo Nichola. City Manager Evelyn Hutcherson Code Enforcement Officer Angel Taylor Acting Secretary Mr. Okell moved to approve the minutes of the October 24, 1988 meeting. Mr. Hutchinson seconded motion. Motion carried unan- imously. NEW BUSINESS 1 M9 Bi oCode En orcement Board meeteng celliala December 22 Mr. Stenglein moved to cancel the meeting of December 22, 1988. noted the nexteonded motion. meeting would beotion carried January 19,, 1989 -unanimously - noted was Mr. Stenglein requested that all Code Books be turned in so they could be updated. COMPLIANCE HEARINGS 1. Case No. 88-20 Paul Eaton Lots 1 and 2 Block 70 Avon -B -T a -Sea OS L nco n Avenue) - V o at on o Sect on atInteraect on Sect on . 3 Accea.or Structures Sect on 75. Owner to Ma nta n prem ses Free o Litter - The Deputy City Attorney swore in Mr.. Hutcherson. Mrs. Hutcherson reported that Mr. Eaton had been given a com- pliance date of October 27, 1988. She reported that Mr. Eaton was in compliance and that a Compliance Notice had been mailed on October 19, 1988. CODE ENFORCEMENT! MEETING NOVa4M 17, 1988 PAGE 1 OF 3 2. Case No. 88-25 Southern Lakes Inc. Parcel A-8 Tutens Su v s on an Parce a 255 an 500 Section14,Towns 24 South Ren a 37 East (East a de of North Atlantic between Ocean Woods and Har or He is an Nort west corner o Har or an Cora Dr vas) - V o at on o Sect on 675. 1 Owner to Ma ata n Premises Free of Litter. and Sect on 703.03, Pu c Nuisances Pro to Mrs. Hutcherson reported that Southern Lakes was mailed an order with a compliance date of November 10, 1988. Southern Lakes was sent an .Affidavit of Non-compliance on November 11, 1988. She noted that no one from Mr. Stotler's office had contacted her. Ms. Russell moved that the Board find Southern Lakes in Non-com- pliance of the Board's Order dated October 24, 19881 that Southern Lakes be fined one hundred dollars ($100.00) per day, for each and every day until compliance is achieved beginning Monday, November 21, 1988. Ms. Benson seconded motion. Discussion followed. Motion carried unanimously. 3. Case No. 88-26 N. Pat Harris Lots 7 and 8Bloc0 Avon-B -T a Sea (22 Lincoln Avenue) - Violation o Seck t7on 202 of t a Standard Housing Code as ado ted b Sect on 619 o t e Cape Canavera Co e o Or nancee Sect on 783.06 Un aw u Adcumu at on section 5. Owner to Ma nta n Prem sea Free of Litter; an section 703-03, Public Nui- . ,cee PronlDlrad Mrs. Hutcherson noted that at the October 24, 1988 meeting the Board found Ms. Harris in violation and recommended that the building materials be properly stored, the debris be removed, and the unattended growth be mowed and trimmed. Mrs. Hutcherson reported that Ms. Harris had cleaned up the property, but there was still a small accumulation of building materials along the west fence and concrete blocks that were not supported. She referecned Section 303, relating to the public nuisance. She noted that Ms. Harris has made no contact with her. Discussion followed. Attorney Bennett advised that the Board could not take a position on an attractive nuisance, because the State had done away with this doctrine. He stated that the Board could only act if a violation of the City Code existed. Discussion continued. Mr. Stenglein moved that this case be postponed until the Code Enforcement Officer makes another inspection to determine the exact violation. Mr. Hutchinson seconded motion. Motion carried unanimously. PUBLIC HEARINGS 1. Case No. 88-27, Joseph H. Hartnett East 1/2 Lot 13 Lot 14 and West 1/2 Lot 15. Block 9 Avon Sea (368 Jefferson Avenue) - Violationo Section 303 M n mum Ae u regents of L t and Vent at on Sect on 304 M n mum R u regents or E ectr ce 6�stegsl Sect on 3 5.7 W n owe an Doors o t e aca�dard Housing Code ns adopted by Chapter 639 of the Cape- uaveral code Or ordinances Mrs. Hutcherson reported that the Building Department had received a complaint from the tenant at 368 Jefferson Avenue, on September 20, 1988, regarding electrical problems. A letter was sent to the owner, Mr. Joseph Hartnett, on September 23, 1988, advising of the violations with a list of corrective actions. Mrs. Hutcherson submitted photographs into evidence of work that had been com- pleted and work that is still to be done. Discussion followed. CODE ENFORCRMW MEETING NOVEMBER 17, 1988 PAGE 2 OF 3 Mr. Moeller movedto find Mr. Hartnett in violation of Sections 303, 304, 305.7, of the Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances, with a compliance date of December 15, 19881 and that upon compliance, he shall notify Mrs. Hutcherson. Mr. Hutchinson seconded motion. ted at if the date wasnDecemberfollowed15,Ms. 1988uandltheoBoardhwould not miance eetlagain until January 1989, it could be nine weeks before any action was the compliances datentonDec mbero1, 1988amend tand tohe oimposn by e changing fine twenty-five dollars (525.00) per day for each day Mr. Hartnett is not in compliance. Mr. Hutchinson seconded the motion. Mr. Moeller d the he amendment unanimous. appVote amendment. t oteof the mainmotion, as amended, was unanimous. was UNFINISHED BUSINESS 1. Motion Res Election of Officers. Mr. Moeller moved to reappoint the present officers, Mr. Stenglein as Chairman and Mrs. Russell as Vice -Chairman. Ms. Russell seconded the motion. Vote on the motion was as. follows: In favor, Me. Benson, Mr. Okell, Ms. Russell, Mr. Hutchinson, Me. Porter -Gabler and Mr. Moeller. opposed, Mr. Stenglein. Motion carried. At this time Mr. Leo Nicholas, city Manager, showed a video from the League of Cities on Code Enforcement. A discussion on the video followed. There being no further business, the meeting was adjourned at 8:55 P.M. Approved this day of TAN• , 1988�.��,Q� c a rman Be :stary CODE IIEpR� MEETING NOVE43M 17, 1988 PAGE 3 OF 3 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 24, 1988 A regularmeeting of the Code Enforcement Board of the City of October 24, 1988, at the Cape Canaveral, Florida, was held on Avenue, Cape Canaveral, Florida. City Hall Annex, 111 Polk Vice -Chairman Russell called the meeting to order at 7:32 P.M. The Secretary called the roll.' Members Present Mary Russell Vice -Chairman Jeanne Benson Donald Arabian James Okell Jean Porter -Gabler First Alternate Helen Rirchofer Second Alternate Members Absent Charles StengleinChairman George Hutchinson Roy Moeller Others Present James Theriac cityAttorney Bob Hoog Mayor Pro Tem '. Leo Nicholas City Manager Code Enforcement Officer Evelyn Hutcherson Patti Bell Secretary The City Attorney swore in Mrs. Hutcherson. He. Benson moved to approveRirchoferthe secondedees of motion. the Motionpcarried unanimously.meeting. Ms. It was noted that the next meeting would be held on November 17, 1988. COMPLIANCE HEARING 1. Case No 88 24 DOuglag Melvin Lots 1-3 and 9-12. Block 73, A on By The Bea (68 90 North Atlantic Avenuel_ Yiolatlon of action 6 5 1 Owner to aintain Premi aee Free of Litter Section 703 03 Public Nuisance■ Prohibited• and Section 67] 06 Unlawful Accumulation Mrs. Hutcherson submitted pictures into evidence depicting the existing violations on Hr. Melvin's property. She testified that Mr. Melvin was out Of town and had requested an extension of his compliance date to October 31. Discussion followed. Ms. Benson moved to extend Mr. Melvin's compliance date until October31, 1988. Mr. Arabian seconded the motion. Hs. Russell asked HeBenson if she would agree to amend her motion idonor had n of a fine commencing after the 31st if Mr. Melvin hot complied. Ms. Benson agreed and amended her motion to include a fine of 825.00 per day if Mr. Melvin was not in compliance by October 310t. Mr.Arabian obiected to the amended motion. Mr. Okell seconded the emended motion. Vote on the motion was as Code Enforcement Board Regular Meeting October 24, 1988 Page 1 of 3 Pages • 0 follows: In favor, Ms. Benson, Mr. Okell, Ms. Rirchofer, Ms. Porter Gabler and Ms. Russell; Opposed, Hr. Arabian. Motion carried. PUBLIC HEARINGS 1. Case No 88-25 Southern Lakes Inc., Parcel A-St_Tutens Subdivision and Parcels 255 and 500, Section 14, Township 24 South Rance 37 East (East aide of North Atlantic between Ocean Roods and Harbor Heiehtn and Northwest corner of Harbor and Coral Orivesl - Violation of Section 675.11, Owner to Maintain Premises Free of Litter, and Section 703 03 Public Nuisances Prohibited Mrs. Hutcherson submitted pictures of the parcels in violation alone with 'a map depicting their location. She testified that she had been in contact with various representatives of Southern Lakes since January 1988 and had been working with Mr. Gailey since June. She stated that Southern Lakes had been given an estimate from Don Hatfield of Titusville Mowing for approximately $2600 to clear the property. The City Attorney swore in Mrs. Ann Thurm. Mrs. Thurm testified that one of the parcels had been used as a dumping ground and the accumulation of debris had increased. Some of the debris cited were grass clippings, lawn furniture, bottles, tree stumps and general litter. It was also noted that because of excessive growth the City mower could not mow the right-of-way. Discussion followed. Mr. Okell moved to find Southern Lakes in violation of Section 675.11 and Section 703.03 and that the owner clear the property of undesirable undergrowth and remove all trash and other debris from the property by November 10, 1988 and notify Mrs. Hutcherson in writing upon compliance. Ms. Rirchofer seconded the motion. Vote on the motion was as follows: In favor, Ms. Benson, Mr. Okell, Mo. Porter -Gabler, Ms. Rirchofer and Ms. Russell; Opposed, Mr. Arabian. Motion carried. 2. Case No 88-26 N Pat Harris Lots 7 and 8. Block 70, Avon- i The -Sen (227 Lincoln 4, %e -Violation or Section 202 of the Standard Housing Code as adopted by Section 619 of the Cape Canaveral Code of Ordinances: Section 783.06 Unlawful Accumulation• Section 675.11. _Owner to Maintain Premises Free of -Litter; and Section 703.03,_ Public Nuisances Prohibited Pictures were submitted into evidence depicting the condition of the property on October 10 and those taken the day of the meeting of the areas which are still in violation. She noted that there was a considerable amount of untended growth and debris along Orange Avenue; building materials along the west fence line, and concrete blocks. She reported that she had not spoken with Ms. Harris but had discussed the clean up with the tenant. Mrs. Hutcherson recommended that Ms. Harris be granted an extension on her compliance date since the property had been cleaned up considerably. Discussion followed. Ms. Russell noted that the untended growth and debris along Orange Avenue impaired visibility from the driveway to the south. Concern was expressed over the concrete blocks which may be an attractive nuisance and a hazard. Ms. Porter -Gabler moved to extend the compliance date 30 days to November 10, 1988. Mr. Arabian seconded the motion. Motion carried unanimously. It was agreed a complimentary letter citing the efforts the property owner had made would be in order. Code Enforcement Board Regular Meeting October 24, 1988 Page 2 of 3 Pages 0 0 NEW BUSINESS 1. Motion Re: Election of Officers Vice -Chairman Russell recommended that due to the absence of three bonrd. members, the election of officers be postPOned until election of the next meeting. Hr..Okell moved to. postpone the officers until the November 17 meeting. Ms- Benson seconded the motion. Motion carried unanimously. DISCUSSION The City Attorney advised the Board to allow the public freedom to speak with as little restraint as possible. He cited a recent case that had taken place in Florida ruling in. favor of the citizen. There being no further business, the meeting was adjourned at 8:35 P.M. Approved this _1.7fh- day of 14--.er , 1988. Code Enforcement Board Regular Meeting October aa, 1988 Page 3 of 3 Pages CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 22, 1988 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on September 22, 1988, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairman Stenglein called the meeting to order at 7:30 P.M. The Secretary called the roll. Members Present Charles Stenglein Chairman Mary Russell Vice -Chairman. Jeanne Benson Roy Moeller Donald Arabian James Okell George Hutchinson HelenRirchofer Second Alternate Members Absent Jean Porter -Gabler First Alternate others Present James Theriac City Attorney Bob Hoog Mayor Pro Tem Evelyn Hutcherson Code Enforcement officer Patti Bell Secretary The City Attorney swore in Mrs. Hutcherson, Carl and Vicki Fischer, Douglas Melvin and Pat Cornell. Mr. Okell moved to approve the minutes of the August 18, 1988 meeting. Mr. Hutchinson seconded motion. Motion carried unanimously. It was noted that the next meeting would be held on October 20, 1988. Compliance Hearing I. Case No 88 20 Paul Baton Lots 1 & 2 Block 70, Avon -BV - The Sea 1205 Lincoln Avenue) - Violation of Section 639.23, Accessory Structure end Section 639 23 Visibility at Intersections It was noted there was a typo on the agenda and Section 639.23, Visibility at Intersections should read 639.25. Mrs. Hutcherson reported that she had repeatedly tried to contact Mr. Eaton but had been unable to do so and that he was still not in compliance as of 5:00 P.M. She submitted pictures into evidence of the property. Pat Cornell, who lived at that same address, testified that Hr. Eaton was having truck problems and would be attending the meeting later in the evening. Mrs. Russell moved to delay Case No. 88-20 until later in the meeting or grant a postponement for 30 days. Ms. Benson seconded the motion. Vote on the motion was as follows: In favor, Ms. Benson, Ms. Russell and Mr. o'Rell; opposed, Mr. Arabian, Mr. Hutchinson, Mr. Moeller and Chairman Stenglein. Motion failed. Code Enforcement Board Regular Meeting September 22, 1988 Page 1 of 3 Pages Mr. Eaton arrived at this time and the city Attorney swore him back MtheEafoliagetitoedDravidethe visibility moatde the intersection. Discussion followed. Mr. O'Rell moved that Mr. Eaton be found in compliance of Section 639 23, Accessory Structure. Mr. Arabian seconded the motion. Vote on the motion was as follows: In Ms. �Russellaband� Mr. Benison, Mr. Hutchinson, Stenglein, Opposed, Mr. Moeller. Motion carried. 0 days for Me. Benson moved to Visibility extend at tlntersections. he Compliance da3 Mr. Hutchinson Section 639.25, seconded motion. Vote on n. Benson, Mr. the hutchineon,motion wMr.as aO'Re11�wsM9. Russell and Mr. Stenglein; opposed, Mr. Moeller. Motion carried. 2, case 110 —88 23 Carl and Vicki Fischer, ot 9 B Llock 9 Cape Canaveral Beach Gardens Unit 2 1250 East Central Boulevard) - Violation of Section 202 Attractive Nuisance of the Standard Mousing Code as adopted by Section 619 of the Ca Canaveral Code of Ordinances Section 675 11 Owner to Maintain Premises Free of Litter Section 703 03 Public Nuisances Pro hibited- Section 673.06 Unlawful Accumulation• and Section 673 04 Burning or Burning of Garbage and Horticultural Trash Household Trash and Rubbish Mrs. Hutcherson testified that corrective actionto had in premises en taken in all violations but Section 675.11 owner free of litter. She submitted into evidence pictures of the property with lumber and other debris strewn in the backyard. Chairman Stenglein denied Mr. Fischer request to show a video ftaps of ollowed other ndiscussion an orderly fashion. with all violationsllexcept moved tSactionthe 675.11heandsestablishedin aacc mpliance omply would fdate ofine of n a S$25.00epereptembr 5, day. Mr. Mrilure to Moellerc seconded the molt tion. resu iMr. O'Kell moved to amend the motion by granting another week for compliance, October 2, 1988. Me. Russell agreed. Nr. Arabian seconded motion. Motion carried unanimously- PUBLIC nanimously. PUBLICHEARINGS 1, Cese o 88 as Douglas Melvin Lots 1-3 and 9- Block 73. vo Hv The Sea 16890 North Atlantic Avenue Violation of Section 675.11 Owner to Hai twin Premises Pres of Litter, action 703 03 Public Nuisances Pro ibited end Section 673 06 Unlawful Accumulation Mrs. Hutcherson submitted into evidence pictures of the property depicting heavy weeds, roofing materials and other debris. Douglas Melvin admitted that he was in violation concerning his property and that he had contacted Mrs. Hutcherson and would comply. Mr. Moeller moved to find Mr. Melvin in violation and shall comply by removing. the litter and unlawful accumulation and notify the City is writing by October 17, 1988. Mrs. Russell seconded the motion. Motion carried unanimously. Code Enforcement Board Regular Meeting September 22, 1988 Page 2 of 3 Pages DISCUSSION on Ra Declaring Hember Seat int and Requesting 1. DiacoeeiVac Couneil to Pill Vacancy Hr. Stenglein explained that it was important for Board Members to notify the Chairman or the City Clerk if they are unable to attend a Board Meeting. There being no further business, the meeting was adjourned at 8.59 P.H. day of �. 1988. Approved this. . chairman Secretary - Code Enforcement Board Regular Meeting September 22, 1988 Page 3 of 3 Pages CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 18, 1988 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on August 18, 1988, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Charman Stenglein called the meeting to order at 7:30 P.M. The Secretary called the roll: Members Present Charles Stenglein Chairman Mary Russell Vice -Chairman 'Jeanne Benson George Hutchinson Roy Moeller James Okell Members Absent Donald Arabian Jean Porter -Gabler - Helen Rirchofer Others Present James Theriac City Attorney Leo Nicholas City Manager Bob H009 Mayor Pro Tem Evelyn Hutcherson Code Enforcement Officer Cheyrl Roig Deputy y Clerk The City Attorney swore in Mrs. Hutcherson, Carl Fischer, and Joel Howard. Chairman Stenglein announced Boa d Statementof P ocedureswere�avaied available atthetable by Enforcement door. utes Of jul 1, 1988 meeting.o ved to Moellerve ndedethenmotion.thM tion 2carried unanimously. It was noted that the next meeting would be held on September 22, 1988. COMPLIANCE HEARINGS 1. Case No. 88-21 Kenneth N. Weaver Lot B 6 16 Block 56 Avon -H -T a Sea (12 F more Avenue) - V olet on of Sect on 92T.o • t e Ce a Canavera PCo eno COr nancestean Sect ton 67 .0 Connect one w t Sewer Re u re an Sect on 673. 2 A) Ger ago Receotac es to a Prov e Mrs. Hutcherson reported that Mr. Weaver was in compliance. 2. Case No. 88-22 Sharon RD is Lot 1 Block 6 Ca a Canaveral• Beach Gar an Canavera Bou ever ) - V o at on o Sect on 645.03(A) Eu 1 n Perm is Re u rRe mentmum Accessor Structures Sact on Set ac Re u remente an Sect on 637. Owner to Ma nta n Prem sea Free of -Litter had been placeduonhtheon reported that a property without aspemit. Mrs. Hutcherson CODE ENFOPCEKE11T BOARD rd)3U AR MEETING AUGUST 18, 1988 PAGE 1 OF 2 submitted into evidence photographs of the property. The property owner, Sharon Royle was sent a Notice of Non-Compliance on August 12, 1988- Mr. Howard, a resident of this address atated that this cooler was used for food and beverage. Discussion followed. Mrs. Hutcherson statedthat Me. Royle was now in compliance with Sections 639.23 and 637.11. Mrs. Russell moved uildinthat gharon Permit Boyle Required and Sectionund in a637'.11f Section 6Setb(A), 9 Minimum Setback Requirements ithin 24 shall obtaining a building p cstructure to ompliance, Ms. mHoyle shall eet the gnotify Mrs. Hutcherson uired setbacks with 7inhwriting. Upon PUBLIC HEARINGS 1. Case No. 88-23 Carl and Vicki Fischer Lot 9i_ Block 9 Ca e Canavera Beac Gar ens Un t 2 (250 East Centra Boulevard) V o at on of Sect on 202 Attract ve Nu sante o the Stan ar Hous n Co a as a o to Sect on 6 9 o t o Ca e Canaveral Code of Ord nances Sect on 675.11 Owner to Ma nta n Prem sea Free o L tter Sect on 703.0 Pu c Nu sances Proh ted BSect urn n 6orBurUnnawfoul Gar male and. an Sect on Hort cultural Trash Household Trash and Rub sh Mra.Hutcherson reported that a Notice of Violation was mailed on August 2, 1988 and that it was not picked up at the Post Office. She atated that she hand delivered the Notice of Violation the day of the meeting. Mrs. Hutcherson submitted into evidence It was noted that a complaint was photographs of the property. and made by Dr. Pindziak concerning thestacked ackedsubmlumber u berint evidence Mr. Fischer gave testimony Na stated that the bonfires were photographs of the property. for cookouts and that the stacked lumber was to be used for building purposes. He also noted that the railroad ties would be arranged in an aesthetic manner. Discussion followed. Mr. Moeller moved to find Carl and Vicki Fischer in violation of Section's 619,673.06, the following1 75.11 daction: and thatthat thethe scrapslumbernts be comply by stacked, the railroad ties be rearranged; to cease the burning o garbage and trash; and that they be in compliance bySeptember second d motion. ion 15 and notify oacarried Hutcherson nanimouslyiting. Mr a. Russell DISCUSSION Mrs. Russell noted that Mr. Arabian had not been in attendance at the last threemeetings and asked what the procedure was concerning members not attending the meetings. Mr. Nicholas will research this. Mrs. Russell also noted that alternate members should attend all meetings. There being no further business, the meeting was adjourned at 8%20 P.M. Approved this .`.i'aday of y�,t.L, , 1988. C a rman - TeFFeeary CODE M;FO1>L3WW BOARD REGRAR MEMT4G AUGUST 18, 1988 PAGE 2 OF 2 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JULY 21, 1988 A regular meeting of the Code Enforcement Board of the City of Cape neill Polkida IAvenue, Cape Canaveral, Florida.was held on July 21, 1988, the City An Hall Annex.,, Vice -Chairman Mary Russell called the meeting to order at 7:32 p.m. The Secretary called the roll. Members Present Mary Russell Vice -Chairman Jeanne Benson Roy Moeller James Okell Helen xirchofer Second Alternate Members Absent Charles stenglein Chairman Donald Arabian George Hutchinson First Alternate Jean Porter -Gabler. Others Present James Theriac City Attorney Leo Nicholas City Manager Bob Hoop Mayor Pro Tem Evelyn Hutcherson Code Enforcement Officer Patti Bell Secretary The City Attorney swore in Mrs. Hutcherson, A.M. Dehaan, Mr. Newman and Lillian Schiro. Mr. Okell moved to .approve the minutes of the June 23, 1988 meeting. Mrs. girchofer seconded motion. Motion carried unanimously. It was noted that the next meeting would be held on August 18, 1988. Compliance Hearing 1. Ceee No 88 15 A M Dehaan and Leon Newman 350 Tavlor Avenue B- 1 - Violation of loride Statute 205 Local Required:_ Occupational Taxes Section 721 O5. License ant of Tex Prere uisite to issuance; and Section Pa 721.11 U lawful to En a e in Business etc. without License Mrs. Hutcherson submitted 'a copy of Mr. Newman's letters to Southern Bell and the DonnnlleY Company requesting that the listing for 350 Taylor Avenue, tB-1 be changed to 7001 North Atlantic Avenue. She further stated that the recent inspection of said unit showed no indication of recent use as a business or work establishment. The musty odor indicated the unit had been dclosed for epicting thesome storageme. She boxesand filesiinethenevidence pictures unit. Code Enforcement Board Regular Meeting July 21, 1988 page 1 of 3 Pages City Attorney Theriac stated that the evidence was conclusive of compliance in this case. Ms. Lillian Schiro, Vice -President of Ocean Park, protested that Ms. Dehaan and Mr. Newman were still operating a business out of said unit. Mrs. Russell informed Ms. Schiro that the Board would not be hearing any new evidence in the case since this was a Compliance Hearing only. Mr. Moeller moved that Case No. 88-15 be found in compliance. Mr. Okell seconded motion. Motion carried unanimously. Public Hearina 1. Case No. 88-21. Kenneth N. Weaver, Lots 8 & 16 Block 56 Avon -BY -The -Sea (121 Fillmore Avenue) - Violation of Section 922.2.3 of the Standard Plumbina Code as adopted by Chapter 613 of the Cape Canaveral Code of Ordinances; and Section 671.01. Connections with Sewer Required,• and Section 673.02 (A), Garbage Receptacles to be Provided Mrs. Hutcherson reported that on June 29, 1988 during a routine inspection, she noticed debris at the mini -warehouse. There was no trash/garbage/sewer service at this address and no accomo- dations made for the debris. She submitted into evidence a letter written to Mr. Weaver notifying him of the violation and citing the City Codes. She noted that Mr. Weaver had spoken to Building Official, Jim Morgan and that Mr. Weaver had agreed to comply by August 5, 1988. On July 7th, Mrs. Hutcherson saw trash strewn on street in front of the warehouses. Mrs. Hutcherson requested a compliance date after August 5, 1988 as Mr. Weaver had agreed to take care of the problem. Mr. Okell moved that Mr. Weaver be found in violation of Sec. 922.2.3 of the Standard Plumbing Code and Section's 671.01 and Section 673.02 and further that he come into compliance by the date of August 11, 1988 and notify Evelyn Hutcherson in writing. Mr. Moeller seconded motion. Motion carried unanimously. 2. Case No. 88-22, Sharon Royle Lot 1 Block 6 Cape Canaveral Beach Gardens (8590 Canaveral Boulevard)- Violation of Section 645.031A1 Building Permits Required; Section 639.23. Accessory Structures., Section 637 11 R-1 Miniumum Setback Requirements: and Section 675.11. Owner to Maintain Premises Free of Litter Mrs. Hutcherson reported that a walk-in cooler shed had been placed on the property without a permit. The property owner, Sharon Royle, was sent a Notice of Violation with a compliance date of July 11th. Mr. Howard, a resident at that address, contacted Mrs. Hutcherson and assured her the cooler would be removed no later than July 16th. An inspection on July 18th revealed that the cooler had been moved to the backyard and did not meet the miniumum setback requirements. She presented a picture of the location of the shed and noted the debris next to the fence. Discussion followed. Mr. Okell moved to find Sharon Royle in Violation of 645.03 (A) and Section's 639.23, 637.11 and 675.11 and further that she come into compliance by August 11, 1988 and that she notifiy Mrs. Hutcherson in writing. Mr. Moeller seconded the 'motion. Motion carried unanimously. Code Enforcement Board Regular Meeting July 21, 1988 Page 'B of 3 Pages DISCUSSION Mrs. Hutcherson noted that the City had received a check, in the amount of $1325.00, from the estate of HowWarren, for the m lien imposed in Case No. 85-22. December 26, 1985, There being no further business, the meeting was adjourned at 8:12 P.M. Approved this 19-Jf— .day of �ii r.� 1988' 1 � hairmar� Se retary Code Enforcement Board Regular Meeting July 21, 1988 Page 3 of 3 Pages s CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 23, 1988 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on June 23, 1988, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairman Stenglein called the meeting to order at 700 P.M. The secretary called the roll. Members Present Charles Stenglein Chairman Mary Russell Vice Chairman Jeanne Benson George Hutchinson Roy Moeller James Okell Jean Porter -Gabler First Alternate Helen Rirchofer Second. Alternate Members Absent Donald Arabian Others Present James Theriac City Attorney Leo Nicholas City Manager Bob Hoog Mayor Pro Tem Evelyn Hutcherson '.Code Enforcement Officer Jeffrey Eckley Building/Code Inspector Cheyrl Roig Deputy City Clerk/Secretary Chairman Stenglein announced that copies of the Code Enforcement Board Statement of Procedures were available at the table by the door. Chairman Stenglein noted the minutes needed to be corrected in that they should reflect that Evelyn Hutcherson and Jeffrey Eckley were also sworn in.by Attorney Theriac. Mr. Okell moved to approve the minutes of May 19, 1988 as corrected. Mr. Hutchinson seconded motion. Motion carried unanimously. It was noted that the next meeting would be held on July 21, 1988. Attorney Theriac swore in William E. Sheridan, William M. Whitman, Lillian E. Schiro, Paul Eaton, Leon M. Newman, A.M. Dehaan, Evelyn Hutcherson and Jeffrey Eckley. COMPLIANCE HEARINGS 1. CaseNo. 88-18 Abul hasen Nasa our Builder's Su 1 and 'Su ra Co or Ent. Inc. m Lot -E Tuten s u v s on Sec. 14 TWP 24S RGE 37E. (Southwest Corner N. Atlantic Avenue An West central en ra Boulevard) violation oSection (A -Prem sea S gn Mr. Eckley presented into evidence the Notice of Compliance. He stated that as of 5:00 P.M. the date of the meeting, the sign was still in place. City Attorney Theriac advised that at the last Code Enforcement Board Meeting the board determined that Mr. Nasapour's sign would not be allowed under the grandfather clause because it is a new sign. Mr. Moeller moved that Mr. Nasapour be found in violaton of Section 653.20(A) and that a fine of $25.00 per day be imposed CODE ENFORCEMENT BOARD RDMXAR MEETING JUNE 23, 1988 PAGE 1 OF 3 commencing June 16, 1988, as ordered in the Notice to Comply dated May 19, 1988, until the violation is corrected. Discussion followed. Mr. Nasapour voiced his objection to the $25.00 per day fine. Attorney Theriac advised that there were other avenues Mr. Nasapour could take at this time. Mr. Hutchinson seconded motion. Motion carried unanimously. 2. CaseNo. 88-19 Port Canaveral Medical Center and Cevesco Inc. Parc. 756 Sec. 15 Tw 24S R e 37E. (East S de of Astronaut Blvd. north ofIm er al Boulevard) - V plat on of Section 653.20(A) 0 -Prem see S gn Mr. Eckley stated that the sign had been removed and they were now in compliance. PUBLIC HEARINGS 1. Case No. 88-15 A.M. Deha n and Leon Newman 350 Ta for Avenue B- - V o at on o ploridaStatute 205 Loca Occupational Taxes Sect on 721.05 License Re u red Payment oTax Prere u s to to Issuance and Section 721.1 Unlawful to Engage n Bus nese etc.. without L cense Mr. Eckley stated that this item had been postponed from the Code Enforcement Board meeting of April 19, 1988, to gather further evidence that the board requested. Mr. Eckley presented into evidence an application submitted by Mr e. Dehaan and Mr. Newman requesting an advertisement be placed in the local tourist guides of the Brevard County Tourist Development Board. William Witman, Lillian Shero and William Sheridan, residents of Ocean Park gave testimony that they had personal knowledge that business transactions were being conducted in this unit and presented into evidence advertisements from the newspaper and telephone book with the address and telephone number of 350 Taylor Avenue, }B-1. Mr. Newman stated that he has an occupational license at 7001 N. Atlantic Avenue. He noted that the telephone number listed also rings at his real estate office and Mrs. Dehaan's residence. He noted that Ocean Park Development was the owner of that unit and that he was president of Ocean Park Development. He stated that he usedtheunit for storage 'of personal property and that the unit was not used for business purposes. Mrs. Dehaan testified that this address is being used only for mailing purposes, and that no business was being conducted there. Chairman Stenglain stated that the telephone number and address should have been changed if there was no business being conducted at this address. Mrs. Russell moved that in Case No. 88-15, Mr. Newman and Mrs. Dehaan, 350 Taylor Avenue, fB-1 be found in violation of Section 721.11 by operating a business without an occupational license and engaging in business in an R-2 zone) that Mr. Newman and Mrs. Dehaan cease conducting business at the address, including removing the telephone equipment and that they shall comply by June 14, 1988 and notify Mrs. Hutcherson. Mr. Moeller seconded motion. Motion carried unanimously. 2. Case No. 88-20 Paul D. Eaton Lots 1 and 2 Block 70 Avon -B -T .-Sea ( 05 L nco n Avenue) - V o at on o sect on 639.25. Visibilitv et Intersect poet 639.23, Acceeso� Structures 675. Owner to Ma nta n remises Free o L tter Section 703.3 Public Nu sane.. Proh ted and Sect on 673.03 ResidentialGarbage,Re use an Trash Pickup Gond t ono (C) Locet on of Garbage Receptacles CODE ENFORCEMENT HOARD F83RAR MMING JUNE 23, 1988 PAGE 2 Of 3 Mrs. Russell noted a typographical error on the agenda in that Section 703.3 should read 703.03. Mr. Burton Greene, Attorney representing Mr. Eaton, stated he would be participating in this case. Mrs. Hutcherson gave a brief history of this case and presented into evidence photographs of the property and the Notice of Violation. Mr. Greene requested that Mrs. Hutcherson draw a map showing the location of the undergrowth and presented this into evidence. He then questioned Mrs. Hutcherson on certain aspectsof the case. Discussion followed on the various aspects of the case. Mr. Paul Eaton gave testimony and submitted photographs of his property into evidence. He stated that his property had recently been cut and he would be willing to cut more greenage should the board desire. He also stated that he would be willing to relocate his greenhouse to comply with the setback requirements. Mr. Eaton stated that all other violations had been complied with. Mr. Moeller moved tofind that Case No. 88-20, Paul D. Eaton, in violation of Section 639.23 and Section 639.25, and that the respondent shall comply by taking the following action: trimming the vegetation to an acceptable height and relocating the accessory structure to conform to the setback requirements] and that he be in compliance by July 14, 1988 and notify Mrs. Hutcherson for an inspection of the property. Mr. Eaton requested a longer period of time to comply due to having a heart attack in January and he can only work a short period of time per day. Mr. Moeller restated his motion to read Mr. Eaton should comply by September 15, 1988.. Mrs. Russell seconded motion. Motion carried unanimously. There being no further business, the meeting was adjourned at 10:00 P.M. Approved this a day of \, ru , , 1988. ✓fie Cha rma CODE FNFORM2WIT BOARD ROHM MEETING JUNE 23, 1988 PAGE 3 OF 3 0 O CITY OF CAPE CANAVERAL CODE OF ENFORCEMEtJT BOARD REGULAR MEETING MAY 19, 1988 A regular meeting, of the Code 'Enforcement Boarrd8 fBthetCity Of Cape Canaveral, Florida was old on May Cape.Canaveral9L Florida. Hall Annex, 111 Polk Avenue, Vice-chairman Mary Russell called the meeting: to order at 7:30 P.M. The Secretary called the roll. Members Present - Mary Russell Vice -Chairman George Hutchinson Helen Rirchofer Second Alternate Roy Moeller - James Okell - - Member_ s absent Charles Stenglein Chairman Donald Arabian Jeanne Benson -pirat Alternate. Jean Porter -Gabler Others Present James Theriac, City Attorney Evelyn Hutcherson ,Code Enforcement Officer Evelyny utcher 'Building/Code Inspector is f Cheryl Roig -.Secretary Patti Bell Building Secretary Vice -Chairman Russell Welcomed Second Altellate,.HeletheBoardchofer, and introduced the new Secretary, Patti utes of the meeting of April Mr.21, 19881 ,H�vedHutchineonto Vaecondedinthe motion., Motion carried unanimously. It Was noted that the next meeting would be held on June 23, 1988. - - - Vice -Chairman Russell announced that copies of the Code Enforcement Board Statement of Procedures Were available at the table by the door. AttorneWilliamYE. Sheridan i Theriac swore andAbulghasemMNasapourn, Evelyn R. Titus, sing Vice Chairman Russell requested the .NoBoarB8a15toicthalAgendader datsthis Public Hearing, s this item time because Mr. Newman-requesteda postponement of until the June 23rd meeting. n, 350 avlof 1, Case No. 88-15 iolationehap and ofFloridao Btntute 205 TM. Local venue B- 1 oecu ational Taxes• '- Sectio 21 05 - Lice eend Re u re Pn ent of Tax -P ere u e to to -Issue e• aSection 721.11 Unlawful to -En e e i Bu ineas etc Without License There being no objections, this item was placed at the top of the agenda. Code Enforcement Board Regular Meeting May 19, 1988 Page 1 of 3 Pages h Mthe motion d Diseussionefollowed. seconded 88-I5. Mrs. Rirchofer William E. Sheridan, a resident of Ocean Park, objected on the grounds that he was not informed of the postponement until the morning of May 19th end that he had to take time off work to attend the meeting • He further noted that ithis opinion was case should that if Mr. Newman was unable to 'attend, continue. Attorney Theriac advised that Mr. could �causeethe in attendance to defend himself, to go forward case to be thrown out. Discussion followed., Vote on the motion was unanimous in avor of postponement of Case 88-15 until the June 23, 1988 meeting. COMPLIANCE HEARINGS averal Portable 1. case Weldino 24213Dou Harbor1eDriva Moo Violation ofPort nFlori- tatute 205 Local Oceu ational Taxes• Section 721.05 License Re uired• Pa mentof Ta Pre visite to Issuance• and Section 721 11 Unlawful to En a e in Business etc. Without Mrs. Hutcherson announced that Case No. 88-13 was in compliance since they had gone out of business. Carding- 2 Case B1ockNod889-17 AV n-Bm The-The Violation of Florida Statute 205 Local 0 c ational Taxas• Section 721.05 License Re ire* PSectiond 721.11 meVt lawfulTa to PEnra eisine Businea 5, etc., Without License Mrs. Hutcherson stated that Case No. 88-17 had obtained their occupational license and were now in compliance. PUBLICS �S h 2* Case1-415 88-16 William J: Galla her Canaveral Shores jig:: Lot 5 ViolatiBlockon of Flor d Avon BStatutesa20541Locai Harrison Avenue Occu atio al T xes• Section 25 License Re uired• Pa men_ of Tax Pr are uiaits to Is uanee• a d Section 721.11 UnlaWful to En a e in Business ate. Without License Mrs. Hutcherson stated that Mr. Gallagher had sold the property. The case was withdrawn. 3. Case o. 'BB -18 Ab ul hasem see our Builder Supply end Su raColor Ent I c Lot -E Tutena Subdi inion Sec. n ass R e 37 E. Sou west corner N. Atlantic Avenue end Nest Central Boulevard Violation ofSection-653.201A)• Of�-Premiose Sign - Building Inspector, Jeff Ecklay;.cami; lorward•with testimony. He explained that there Was 'an error in the Notice Of Violation in that Section 653.22(A) should read 653.20(A). Mr. EcklOY presented into evidenncel the tter Notice ticrom 8enof Violation, photographs ol. the sign, Finance Director stating he saw 'nd the sign being -premise Mr. Eckley pointed out that Section 653 prohibits.of!-premise signs in their entirety. stated Discussion followed. into disrepair and followed Code Enforcement Board Regular Meeting May 19, 1988 Page 2 of 3 Pages Mr. Moeller moved that Case No. 88-18, Abulghasem Nasapour be found in violation of Section 653.20(A1, and that he come into compliance by June 15, 1988 and upon compliance notify Mr. Eckley in writing. Mr. Hutchinson seconded the motionMr. Moellervote , Hre motion was as follows: For, Hr. Hutchinson, Okell and Mrs. Russell: Against, Mrs. Eirchofer. Notion carried. " q, Case Ho. OI 88-19 Port Canaveral Medica137eEter gestC eider of Inc. Parcel 756 Sec. 15 Tw 24S R al Aatronnut Blvd no Off- Premiseeof Im iSicnoulaverd -Violation of Section Mr. Eckley explaitad hattha Section 653.221A)there we an t arr should or in the readtiotice Of Section Violation in 653.201A1. he e of Violation and Mr. Eckley presented into evidence ncee intedNout cthat Mr. Pirkins of photographs of the sign. Cevesco, Inc. had been notified the violation. Discussion followed. Medical Ce Moeller moved thInc Cabe 110. ifound 88-19, in Port Violation rot Section Center and Cevesco, into compliance by Jun. 15, 1988 come 653.20(A), and that they in writing. end upon compliance notify Mr.- Eckley seconded the motion. Motion carried unanimously. DISCUSSION Mrs. Hutcherson .stated that the fines ollected. that were due on Case No. 81-19 concerning;Mr• RosenberryIhad been c There being no further business, Ithe meeting was adjourned at 8:20 P.H. ��p��pd /f Approved(tges gn5j L)day of 4 , 1988. _ e a rman Secret ry s 4 E L xl� Code Enforcement Board Regular Meeting May 19, 1988 Page 3 of 3 Pages CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 21, 1988 A regular meeting of theaCodeldEnforcement on April Board fatthe the City Of Cape Canaveral, Florida, ty Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairman Stenglein called the meeting to order at 700 p.m. The Secretary called the roll. Members Present Charles Stenglein Chairman Mary Russell Vice Chairman Donald Arabian George Hutchinson Roy Moeller James Okell Members Absent Jeanne Benson. - Others Present Rohn Bennett Deputy City Attorney Evelyn Hutcherson Code Enforcement Officer Jeffery Eckley Building/Code Inspector Leo Nicholas City Manager Robert HOOV Mayor Pro Tem Josephine Hughes Secretary The date of the February meeting Was corrected to read February 21, Mr. Okell moved to approve the minutes of the March 17, 1988, meeting as corrected. Mr. Arabian seconded the motion. Motion carried unanimously. It was noted that the next meeting would be held on May 19, 1988- chairman he Procedurestwereein availablenatdthe8tableies Of by the door. ode Enforcement door COMPLIANCE HEARINGS Attorney Bennett swore Dehaann andEvelyn WilliamHutcherson, SheridanJeffrey Eckley, Leon Newman, 1. Case o. 88-07 Hardee Weatherford BeachMuaic 7000 North Atlantic Avenue Violation of Florida Statute 205. Local Occu etiona Lice ae Taxes• and Section 721 05 License e ui ed Payment of Tax Prerecuiaite to Issuance. and Section721 11 Unlawful to Engage in Business etc Without License 2. Case No 88-10 Mazie Novak Mazie-s Gifts, 8501 North tla tic ve ue -Violation of Florida Statute 205 Local Occu etional License Texea• end a tion 721.05 License Re aired Payment of Tax Prere cuisite to Issuance, and Section 721 11 Unlawful to Engage in Business. etc Without License Code Enforcement Board Regular Meeting April 21, 1988 Page 1 of a Pages 3 Carve rr'Drivee-11 ViolationRo ofe Florida DStatutens. s20S Localnhl Occu ational Lieenee Taxes• and Section 721.05 License Sectiond721p11meUnlawfulTto Enra a in Business Ietc-nHithout License 4. Case No. BB -12 Dou las M. Hoore Port Canaveral Portable Weldin 262 Harbor Drive -Violation of Florida Statute 205 Local Oecu ational License Taxes• end Section 721.05 and sectionui 121.11- Unlawful toEnare uini Business. etcte to - Without License 5. Case no. 88-13 Care Pritchett Care Pritchett 6 Associates 8177 No Atlantic Avenue - Violation of Florida Statute205 Loeal Occu ational License Taxes• and Section 721 05 Lieenee Re aired• Pa ment of Tax Prere uiaite to issuance and Section 721.11 Unlawful to En e g in Business etc. without License 6. Case No. 88-14 Michael S or 423 Jefferson Avenue - Violation of Florida Statute 205 Local Occupational License Taxes and Section 721.11 Unlawful to Engage in Business etc. Without License Mrs. Hutcherson announced that, at the direction of the attorney. items 1 through 6 would be handled an masse as they all relate to occupational licenses. She reported that items 1 and 4 had not complied and had been sent a notice of noncompliance. Items 2, 3, 5 and 6 were in compliance. Mrs. Hutcherson stated that she had been unable to contact Hr. notices.ied Alcoopy lOfand the that ordereissuednot at theaiMarch med imeeting fwas posted on his door.Discussion followed. Mrs. Russell moved that in Case No. 88-07, when the fifty dollar (550.00) per day fine reaches one thousand dollars ($1,000), that a lien ba filed against the property. Mr. Hutchinson seconded the motion. Motion carried unanimously. Mrshe d�comecobtainednatranewal application ed that in Item 4, Cbut had en t2r newedohis license. She added that she had received a call stating that he was no longer doing business in the City and had requested that Mr. Moore provide a letter to that effect. Mrs. Russell stated that it was her understanding that he had been awarded a contract in the name of Canaveral Ship Repair. Discussion followed. Mrs. Hutcrson was uested otiCanaveral Ship Repair hadanoccupationallicensewiththeCounty, Mrs. Russell moved that Case No. 88-12 be postponed until the next meeting. Mr. Hutchinson seconded the motion. Motion carried unanimously. PUBLIC HEARINGS 1, Ceae No 88 15 A M Dehaan and Leon Newman 350 Tavlor Avenue, #B-; violation of Florida Statute 205 Local oelional License Texee and Section 721 05 License Occu Secill iond•721x11 PynentU lawfulof x'to eEn aie tin tausinessnceetcnd Without License Mr. Eckley stated that this case had been cited as the result of a citizens complaint filed with the Building Deportment. He noted that there was some question as to the legal description of Unit B-1 and he was not sure if Ms. Dehaan was the owner and Mr. Newman the tenant. Attorney Bennett ruled that it did not make Code Enforcement Board Regular Meeting April 21, 1988 Page 2 of 4 Pages any difference as to who was the owner and the tenant as long as both parties received the notice of violation. Mr. Eckley reported that he had no evidence that the unit was being used for a business and requested the Board to make this determination. Mr. Newman submitted evidence that he has an occupational license and a real estate brokers license at 7001 North Atlantic Avenue. He stated that the telephone at his real estate office also orings at his residence in Ocean Park South, Unit #B-1, and Dehaan's residence. He noted that Ocean Park Development was the owner of that unit and that he was President of Ocean Park Development. He stated that he used the unit for storage of personal property and that he did not use the unit for business. Discussion followed. Mr.. William Sheridan, representative of the Condominium Association, submitted a petition with fifteen names of residents who contend that business was being conducted in this unit. He submitted a document from the State of Florida, Division of corporations, which stated that Ocean Park Development, Inc. had been involuntarily dissolved. Mr. Sheridan also noted that Mrs. Dobson handled the rental of 18 units and collected rent and met prospective tenants in the unit. He also submitted a brochure published by the Brevard County Tourist Development Council which listed Ocean Park North Condominiums at 350 Taylor Avenue, #B-1. Attorney Bennett swore in Mr. George Ruffel. Mr. Ruffel stated that he still owned a unit in Ocean Park and that he had resided there from August 1978 until October 1985. He said he had personal knowledge of business transactions during that period. Attorney Bennett recommended that the Board consider the following: (1) .The petition submitted did not indicate that they had personal knowledge that the unit was being used for a business and (2) There was no evidence that the tourist brochure was valid. Discussion followed. Mr. Moeller moved that in Case No. 88-15, Mr. Newman and Mrs. Dehaan be found in violation of Section 721.11, and that they come into compliance by May 12, 1988, without penalty, and upon compliance Mr. Newman and Ms. Dehaan shall notify Evelyn Hutcherson. Mr. Okell seconded the motion. Discussion followed. The motion failed by a unanimous vote. Mrs. Russell moved that Case No. 88-15 be continued until the May 19, 1988, meting, pending additional information. Mr. Stenglein seconded the motion. Vote on themotion was as follows: For; Mr. Arabian, Mr. Okell, Mrs. Russell, and Mr. Stenglein; Against; Mr. Hutchinson and Hr. Moeller. Notion carried. 2. Cyeee No 88-16 Wesley J Gelleoher. Canaveral Shores �iQa tments Lot 5 Block 39 Avon-Bv-The-See Violation of Florida Statute 205 Local Occupational License Tnxea,_and Section 721 05 License Racuirad- Payment of Tax Prereouieite to iseunnce and Section 721 11. Unlawful to )3n nae +n Business etc Without License. Mrs. Hutcherson requested that this item be postponed until the next meeting becauseshehad not received the return receipt from the notice of violation. Code Enforcement Board Regular Meeting April 21, 1988 Page 3 of 4 Pages 3. Case No 88-17 Rim J 0 erman Cardinal Apartments, Lot 4, Block 48 Avon -B -The-Sea - Violation of Florida Statute 205 Local Occupational License Taxes, and Section 721.95, License Recuir25• Payment of Tax Prerepuiaite to issuance and Section 721.11. Unlawful to Engage in Business, etc. Without License Mrs. Hutcherson stated that Mr. Opperman had moved several times and hie violation notice had finally caught up with him in San Juan, Puerto Rico. Mr. Opperman called the Accounting Department with his new address and requested that the case be postponed. wouldHnotherson postponetther hearingbut she would Opperman advised request that the Board establish a compliance date which would allow him time to obtain his occupational license. Discussion followed. Mr. Hutchinson moved that Case No. 88-17, Mr. Rim Opperman, be found in violation of Section 721.05 and Section 721.11, doing business without an occupational license; that Mr. Opperman comply by May 12, 1988, by obtaining an occupational license. Mrs. Russell seconded motion. Motion carried unanimously. DISCUSSION Chairman Stenglein read a policy statement from the City Clerk, i.e., The City Council will made board appointments without recommendation from the board. Mr. Moeller stated that, after reviewing the information presented at the last meeting, he believed the board had made a serious error in the decision at the last meeting on On -Site Development's construction of Royal Mansions without a permit. Discussion followed. It was the consensus of the Board that pertinent information on a case of this nature should be provided with the agenda packet. Chairman Stenglein questioned the rental policy at Royal Mansions and inquired about clearing the property north of Royal Mansions. Chairman Stenglein introduced Jean Porter -Gabler, the newly appointed First Alternate to the Code Engorcement Board. There being no further business, the meeting was adjourned at 9:50 p.m. Approved this 19th day of May 1198888..E «.Chairme u� Q. v secretar Code Enforcement Board Regular Meeting April 21, 1988 Page 4 of 4 Pages 0 0 CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 17, 1988 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON MARCH 17, 1988, AT THE CITY HALL ANNEX, 111U� POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN STENGLEIN CALLED THE MEETING TO ORDER AT 7330 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: CHARLES STENGLEIN CHAIRMAN '. MARY RUSSELL VICE CHAIRMAN DONALD ARABIAN GEORGE HUTCHINSON ROY MOELLER JAMES OKELL JEANNE BENSON OTHERS PRESENT: JAMES THERIAC CITY ATTORNEY' EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER JEFFREY ECKLEY BUILDING INSPECTOR BOB HOOG MAYOR PRO TEM JOSEPHINE HUGHES SECRETARY MR. HUTCHINSON MOVED TO APPROVE THE MINUTES OF FEBRUARY 17, 1988. MR. OKELL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS NOTED THAT THE NEXT MEETING WOULD BE HELD ON APRIL 13„ 1988. CHAIRMAN STENGLEIN ANNOUNCED THAT COPIES OF THE CODE ENFORCEMENT PROCEDURES WERE AVAILABLE AT THE TABLE BY THE DOOR. COMPLIANCE HEARINGS ITEM 1. CASE NO. 88-01 ED POWIS, MAXI HOMES VENTURE/ON SITE DEVELOPMENT INC., PARCELS 18, 22, 25, 270 AND 273 SECTION 14 TOWNSHIP 24 SOUTH RANGE 7 EAST (8850 N. ATLANTIC AVENUE 1) - VIOLATION OF SECTION 503. 5 SURFACE AND STORM DRAINAGE, AND 677, MOSQUITO CONTROL MR. ECKLEY REPORTED THAT THIS ITEM WAS .HELD OVER FROM THE LAST MEETING. SINCE THE PROPERTY HAD BEEN SOLD BETWEEN THE TIME OF THE. VIOLATION AND THE BOARDS ORDER, MR. ECKLEY REQUESTED THAT THIS ITEM BE DISMISSED.' CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 17, 1988 PAGE 1 OF 5 PAGES • MR. MOELLER MOVED TO DISMISS CASE NO. 88-01. MR. HUTCHINSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. CASE NO 88-4 IOSEPH W. SCOTT, PARCEL 254, SECTION 23. 3 TOWNSHIP 24 SOUTH RANGE 37 EAST (8 77 N. ATLANTIC AVENUE) - VIOLATION OF FLORIDA STATUTE ,2:,LLOCAL OCCUPATIONAL TAXES AND SECTION 72 05 LICENSE REQUIRED PAYMENT OF TAX UNLAWFUL TO ENGAGE IN BUSINESS, ETC. WITHOUT LICENSE MRS. HUTCHERSON REPORTED THAT MR. SCOTT WAS IN COMPLIANCE BY OBTAINING AN OCCUPATIONAL LICENSE ON THE 16TH OF MARCH. PUBLIC HEARINGS ITEM 1. CASE NO 88 -OS EDWARD A. POWIS, ON SITE HOLDING CORPORATION PARCEL 751 SECTION 14, TOWNSHIP 24 SOUTH RANGE 37 EAST (8600 RIDGEWOOD AVENUE) VIOLATION OF CHAPTER 61 BUILDING PERMITS AND SECTION 02.3, APPLICATION FOR PERMIT MR. ECKLEY PRESENTED EVIDENCE TO ATTEST THAT ON SITE HOLDING CORPORATION HAD PERFORMED WORK BEYOND THE SCOPE OF PERMITTED WORK AS ALLOWED PRIOR TO. ISSUANCE OF STATE PERMIT BE -569. ON SITE HOLDINGS REPRESENTATIVE, MR. CREMIA, RESPONDED THAT THEY STARTED WORK PRIOR TO THE STATE PERMIT BEING ISSUED SOLELY ON VERBAL AGREEMENTS GIVEN BY THE DEPARTMENT OF BEACHES AND SHORES. DISCUSSION FOLLOWED. THE BOARD DECIDED THAT SINCE NO VIOLATION EXISTED, IN THAT, THE DELAY FOR NOT HAVING A PERMIT WAS ,ATTRIBUTED TO BUREAUCRATIC RED TAPE IN - TALLAHASSEE, ON SITE HOLDING CORPORATION PROCEEDED IN GOOD FAITH AND NO FURTHER ACTION SHOULD BETAKEN. - MRS. RUSSELL MOVED THAT THERE BE NO ACTION TAKEN IN THIS MATTER. MS. BENSON SECONDED. DISCUSSION FOLLOWED. MRS. RUSSELL ASKED TO AMEND HER MOTION ON CASE NO. 88-05. FINDING THAT ON SITE HOLDING CORPORATION IS NOT IN VIOLATION OF SPECIFIED -.VIOLATIONS IN SECTION 611 AND SECTION 611.102.3. MR. HUTCHINSON SECONDED. MOTION CARRIED UNANIMOUSLY. CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 17, 1988 PAGE 2 OF 5 PAGES ITEM 2. CASE NO. 88-06, FIRST AMERICAN EQUITY AND FRANK SZABO, ROSSOF BREVARD, PARCEL 753.1, SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST (SOUTH OF 8665 ASTRONAUT BOULEVARD) VIOLATION OF SECTION 657.11, OWNER TO MAINTAIN PREMISES FREE OF LITTER, AND SECTION 675.12, LITTER ON VACANT LOTS MRS. HUTCHERSON REPORTED THAT CASE NO. 88-06 WAS IN COMPLIANCE. MRS, HUTCHERSON ANNOUNCED THAT AT THE DIRECTION OF THE ATTORNEY, ITEMS THROUGH 10 COULD BE HANDLED EN MASSE, AS THEY ALL DEAL WITH THE SAME PROBLEM. SHE ALSO REPORTED THAT ITEM 4 HAS COMPLIED. ITEM 3. CASE NO. 88-07, HURDEE WEATHERFORD, BEACH MUSIC 7000 NORTH ATLANTIC - VIOLATION OF FLORIDA STATUTE 205 LOCAL OCCUPATIONAL LICENSE TAXES AND SECTION 72 .05, LICENSE REQUIRED? PAYMENT OF TAX PREREQUISITE TO ISSUANCE AND SECTION 721. 1, UNLAWFUL TO ENGAGE IN BUSINESS, ETC. WITHOUT LICENSE ITEM 4.. CASE NO. 88-08, WILLIAM F. BRADY, 186 LONG POINT ROAD - VIOLATION OF FLORIDA STATUTE 205, LOCAL OCCUPATIONAL LICENSE TAXES, AND SECTION 721.05 LICENSE REQUIRED PAYMENT OF TAX PREREQUISITE TO ISSUANCE, AND SECTION 72 .11, UNLAWFUL TO ENGAGE IN BUSINESS, ETC. WITHOUT LICENSE ITEM 5. CASE NO. 88-09, IOHN K. GRAY, 222 ADAMS AVENUE VIOLATION OF FLORIDA STATUTE 205, LOCAL OCCUPATIONAL LICENSE TAXES, SECTION 721.05 LICENSE REQUIRED PAYMENT OF TAX PREREQUISITE TO ISSUANCE, AND SECTION 72 .11, UNLAWFUL TO ENGAGE IN BUSINESS, ETC. WITHOUT LICENSE ITEM 6. CASE NO. 88-10, MAZIE NOVAK, MAZIE'S GIFTS 8501 N. ATLANTIC AVENUE - VIOLATION OF FLORIDA STATUTE 205, LOCAL OCCUPATIONAL LICENSE TAXES AND SECTION 721 .05, .LICENSE REQUIREDt PAYMENT OF TAX _PREREQUISITE TO ISSUANCE, AND SECTION 721.11, UNLAWFUL TO ENGAGE IN BUSINESS ETC. WITHOUT LICENSE. ITEM 7. CASE N0. 88-11, DAVID ROWSEY, NEW DIRECTIONS 23 SOUTH CARVER DRIVE - VIOLATION OF FLORIDA STATUTE 205 LOCAL OCCUPATIONAL LICENSE TAXES AND SECTION 72 .05, LICENSE REQUIREDt PAYMENT OF TAX PREREQUISITE TO ISSUANCE AND SECTION 72 .1 , UNLAWFUL TO ENGAGE IN BUSINESS ETC. WITHOUT A LICENSE ITEM 8. CASENO. 88-12, DOUGLAS M. MOORE, PORT CANAVERAL PORTABLE WELDING, 242 HARBOR DRIVE - VIOLATION S OF FLORIDA STATUTE 205 LOCAL OCCUPATIONAL LICENSE TAXES,A AND SECTION 72 .05, LICENSE REQUIREDt PAYMENT OF TAX PREREQUISITE TO ISSUANCE - AND SECTION 721 IllUNLAWFUL TO ENGAGE IN IT BUSINESS, ETC. WHOUT LICENSE CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 17, 1988 PAGE 3 OF 5 PAGES ITEM 9. CASE NO. 88-13 CAREY PRITCNETT, CAREY PRITCHETT 6 ASSOCIATES 8177 N. ATLANTIC AVENUE — VIOLATION OF FLORIDA STATUTE 205 LOCAL OCCUPATIONAL LICENSE TAXES AND SECTION 721.05 LICENSE RQNE ATAX PREREQUISITE TO .11 UNLAWFUL TO ENGAGE IN BUSINESS ETC. WITHOUT A LICENSE. ITEM 10. CASE NO. 88-14 MICHAEL SYDNOR 423 JEFFERSON AVENUE — VIOLATION OF FLORIDA STATUTE 205, LOCAL OCCUPATIONAL LICENSE TAXES AND SECTION 721.05, LICENSE REQUIRED PAYMENT OF TAX PREREQUISITE TO ISSUANCE AND SECTION 72 1 UNLAWFUL TO ENGAGE IN BUSINESS ETC. WITHOUT A LICENSE MRS. HUTCHERSON EXPLAINED THAT EACH RESPONDENT HAD RECEIVED THE NOTICE OF VIOLATION WITH A COMPLIANCE DATE OF MARCH 14, 1988. SHE REPORTED THAT CASE NO. 88-08 WAS IN COMPLIANCE. DISCUSSION FOLLOWED. MR. ARABIAN MOVED THATs (1•) THE BOARD ENTER THE FOLLOWING FINDINGS OF FACT THAT THE RESPONDENTS ARE ENGAGED IN BUSINESS IN THE CITY OF CAPE CANAVERAL AND HAVE NOT OBTAINED AN OCCUPATIONAL LICENSE; (2) THAT THE RESPONDENTS ARE IN VIOLATION OF FLORIDA STATUTE 205, AND SECTION 721.05 AND 721.11 OF THE CITY CODE OF ORDINANCES; (3) THAT THE RESPONDENTS SHALL COMPLY BY OBTAINING AN ,OCCUPATIONAL LICENSE, PAYING THE BASE LICENSE FEE PLUS 25% PENALTY, ON OR BEFORE MARCH 25, 1988. (4) FAILURE TO COMPLY BY MARCH 25, 1988 WILL RESULT IN AN ADDITIONAL FINE OF $50.00 PER DAY FOR EACH .AND EVERY DAY THE VIOLATION EXISTS. MRS. RUSSELL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. REPORT MRS. HUTCHERSON UPDATED THE BOARD ON THE STATUS OF MR. ROSENBERRY'S SCREEN ROOM. SHE RECEIVED PERMISSION FROM THE CHAIRMAN AND. MR.... MORGAN TO STAY HIS PENALTY WHILE HE WAS REMOVING. HIS SCREEN ROOM. SHE ALSO ASKED. THE BOARD'S GUIDANCE IN HANDLING THE FINE THAT IS ALREADY IMPOSED FROM FEBRUARY 11 TO. FEBRUARY 18, 1988,WHICH AMOUNTS TO $150.00. SHE RECOMMENDED THAT HE BE REQUIRED TO REMIT THE FINE WITHIN THIRTY DAYS ORA LIEN WILL BE PUT ON HIS PROPERTY. CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 17, 1988 PAGE 4 OF 5 PAGES i 0 CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 17, 1988 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON FEBRUARY 17, 1998, AT THE .CITY HALL ANNEX, 111 POLK AVENUE, CAPE. CANAVERAL, FLORIDA. CHAIRMAN STENGLEIN CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: CHARLES STENGLEIN CHAIRMAN MARY RUSSELL VICE CHAIRMAN JEANNE BENSON JAMES OR ELL ROY MOELLER MEMBERS ABSENT: DONALD ARABIAN GEORGE HUTCHINSON OTHERS PRESENT; KOHN BENNETT DEPUTY CITY. ATTORNEY EVELYN HUTCHERSON CODE ENFORCEMENT PRO TC NOFFICER BOB HOOD MAYOR JOSEPHINE HUGHES SECRETARY MS. BENSON NOTED A TYPOGRAPHICAL, ERROR ON PAGE TWO OF THE MINUTES, I.E., SECTION 629.31 SHOULD READ SECTION 639.21. MR. OKELL MOVED TO APPROVE THE MINUTES OF THE JANUARY 21, 1988, MEETING AS AMENDED. AIS. RUSSELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS NOTED THAT THE NEXT MEETING WOULD. BE HELD ON MARCH 17, 1988. CHAIRMAN STENGLEIN ANNOUNCED THAT THE CODE ENFORCEMENT PRO- CEDURES WERE AVAILABLE AT THE TABLE BY THE DOOR. ATTORNEY BENNETT SWORE IN AIR. AND MRS. ROSENBERRY AND MRS. HUTCHERSON. COMPLIANCE HEARINGS ITEM I. CASE NO. 87-19 JOHN ROSENBERRY LOT 12.05 BLOCK 5 CAPE CANAVERAL BEACH GARDENS UNIT TWO 238 CANAVERAL BEACH BLVD -VIOLATION OF APPENDIX A-103.6 OF THE STANDARD BUILDING CODE 1985 EDITION CONDITIONS OP THE PERMIT AS ADOPTED BY SECTION 811 OF TIIE CAPE CANAVERAL CODE OF ORDINANCES SEC- TION 840.03TO{YNHOUSE AREA ND DIMENSIONS - TO VNIIOUSE MINIMUM SETBACK REQUIREh1EN% AND SECTION 639.21. SETBACK ENCROACHMENTS CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 17, 1988 PAGE 1 OF 3 PAGES MRS. IIUTCIIERSON RECAPPED THE EVENTS WHICH LED TO THE NOTICE OF VIOLATION AND THE RESULTING CODE ENFORCEMENT BOARD ORDER. SIZE REPORTED THAT AN INSPECTION HAD BEEN MADE THE DATE OF THE MEETING AND NOTHING HAD BEEN DONE. SIZE STATED THAT SIZE HAD SPOKEN WITH MR. ROSENBERRY AND SUGGESTED THAT HE OR HIS REPRESENTATIVE ATTEND THE MEETING TO PRESENT THEIR CASE. MR. ROSENBERRY MADE HIS PRESENTATION, SUBMITTING BEFORE AND AFTER SNAPSHOTS OF THE CONSTRUCTION IN QUESTION. HE EMPHASIZED HOW MUCH WORK AND TIME HE HAD PUT INTO IMPROVEMENTS AT HIS RESIDENCE. HE ADVOCATED THAT THERE WAS NO REASON WHY HE SHOULD HAVE TO REMOVE 1115 ROOM SINCE OTHER PEOPLE IN 1115 IMMEDIATE NEIGHBORHOOD WERE ENJOYING THE VERY THING HE HAD BEEN CITED FOR. IT WAS HIS OPINION THAT HIS ROOM SHOULD BE GRANDFATHERED IN LIKE THE OTHERS IN THE AREA. ATTORNEY BENNETT INSTRUCTED MR. ROSENBERRY THAT HE HAD BEEN ISSUED A PERMIT AND HAD NOT BUILT THE STRUCTURE ACCORDINGLY. HE FURTHER ADVISED THAT THE IMPROVEMENTS MADE HAD NO RELEVANCE TO THE ISSUE. DISCUSSION FOLLOWED. MR. MOELLER MOVED THAT IN CASE NO. 87-19, MR. ROSENBERRY BE FOUND IN NONCOMPLIANCE WITH THE BOARD'S ORDER DATED JANUARY 21, 1988, SINCE NO ACTION HAD BEEN TAKEN TO COME INTO COMPLIANCE= THAT A FINE OF $25.99 PER DAY BE IMPOSED TO COMMENCE ON FEBRUARY 11, 1988, AND CONTINUE UNTIL THE VIOLATION WAS REMOVED. MRS. RUSSELL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS ITEM 1. CASE NO. 88-93 -LOBERT D. STOLL LOT 12 OCEAN MIST TOWNHOUSES 383 CHANDLER AVENUE - VIOLATION OF SECTION 945.93, BUILDING PERMITS REQUIRED MRS. HUTCHERSON REPORTED THAT MR. STOLL HAD OBTAINED A PERMIT TO RELOCATE THE ACCESSORY STRUCTURE AND HAD COMPLIED WITH THE NOTICE OF VIOLATION. ITEM 2. CASE NO. 88-94 JOSEPH {7. SCOTT PARCEL 254 SECTION 23 TOWNSHIP 24 SOUTH RANGE 37 EAST 8177 NORTi1 ATLANTIC AVENUE, A7 OLA VITION OF FLORIDA STATUTE 295, LOCAL OCCUPATIONAL LICENSE TAXES AND SECTION 721 95 LICENSE REQUIRED PAYMENT OP X TA PREREQUISITE TO ISSUANCE AND SECTION 721.11, UNLA{YFUL TO ENGAGE IN BUSINESS. ETC. WITHOUT LICENSE MRS. HUTCHERSON EXPLAINED THAT A LETTER HAD BEEN SENT TO MR. SCOTT ON JANUARY. 22, 1988, ADVISING HIM OF THE NEED TO OBTAIN AN CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 17, 1988 PAGE 2 OF 3 PAGES OCCUPATIONAL LICENSE. SINCE HE HAD NOT RESPONDED, A NOTICE OF VIOLATION WAS MAILED. THE BOARD WAS ADVISED THAT MR. SCOTT HAD NOT RESPONDED TO THE NOTICE OF VIOLATION. DISCUSSION FOLLOWED. MRS. RUSSELL MOVED THAT AIR. SCOTT BE FOUND IN VIOLATION OF FLORIDA STATUTE 205, AND SECTIONS 721.05, LICENSE REQUIRED, AND SECTION 721.11, UNLAWFUL TO ENGAGE IN BUSINESS WITHOUT AN. OCCUPATIONAL LICENSE, AND SHALL COMPLY BY FEBRUARY 29, 1988, BY PURCHASING AN OCCUPATIONAL LICENSE AND UPON COMPLIANCE AIR. SCOTT SHALL NOTIFY MRS. HUTCHERSON, IN WRITING. MS. BENSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. REPORT ITEM 1. STATUS OF FINES LEVIED AND LIENS FILED AIRS. HUTCHERSON PROVIDED A LIST OF CASES ON WHICH FINES HAD BEEN LEVIED AND LIENS HAD BEEN FILED, ALONG WITH A LIST OF THOSE CASES WHICH FINES HAD BEEN LEVIED AND NO LIENS FILED. A COPY OF THE LIST IS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. DISCUSSION FOLLOWED. ATTORNEY BENNETT AGREED TO RESEARCH THE STATE STATUTES TO DETERMINE IF THERE WAS A STATUTE OF LIMITATION ON THESE LIENS. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 8:55 P.M. APPROVED THIS /V4AY.OF1988. • CODE ENFORCEMENT BOARD LIENS FILED Case No. 85-20, Canaveral Cab Company/dames Sleeks Fine: ;25 for each and every day the violation exists and continues to exist past the date of March 21, 1986. Lien filed September 22, 1986 Case No. 85-22, Iloward Warren Fines ;25/day for each and every day the violation exists past the Date of December 20, 1985 Lien riled September 22, 1986 Case No. 86-01, Henry Lemerlse, d/b/a Design Air Fine: ;50/day for each and every day the violation exists past the date o[ May the City Attorney ch willime one thousand take action against the respondent000) has n levied at which time Lien filed September 22, 1986 ORDERS IMPOSING LIENS - NOT FILED Case No. 87-09, tvilliem McAra Fines $62.50 plus penalties Imposed on renewal of occupational license Case No. 87-18, Mahmoud Pishgar, Canaveral Pizza and Subs Fines: ;25.00 for distribution of handbills after the date of November 9 ;25.00 for portable sign past the date of November 9, 1987 9 0 CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 21, 1988 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON JANUARY 21, 1988, AT THE CITY HALL ANNEX, 111 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN STENGLEIN CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: CHARLES STENGLEIN CHAIRMAN MARY RUSSELL VICE CHAIRMAN JEANNE DENSON GEORGE HUTCHINSON JA51ES OKELL MEMBERS ABSENT. DONALD ARABIAN ROY MOELLER OTHERS PRESENT: JAMES THERIAC CITY ATTORNEY JAMES MORGAN BUILDING OFFICIAL JEFFREY ECKLEY BUILDING INSPECTOR EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER LEO NICHOLAS CITY MANAGER BOB HOOG MAYOR PRO TEM ROCKY RANDELS COUNCIL MEMBER JOSEPHINE HUGHES SECRETARY MR. HUTCHINSON MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 19, 1987, MEETING. MS. BENSON SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THE REQUEST OF THE CITY ATTORNEY, THE NEXT MEETING WAS SCHEDULED FOR WEDNESDAY, FEBRUARY 17, 1988. CHAIRMAN STENGLEIN ANNOUNCED THAT THE CODE ENFORCEMENT PRO- CEDURES WERE AVAILABLE AT THE TABLE BY THE DOOR. HE ALSO REQUESTED THE PEOPLE IN THE AUDIENCE PLANNING TO TESTIFY TO RISE SO THAT ATTORNEY THERIAC COULD SWEAR THEM IN, EN MASSE. ATTORNEY THERIAC SWORE IN MRS. HUTCHERSON, MR. ECKLEY; MR. MORGAN AND MR. RICH. CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 21, 1988 PAGE I OF 4 PAGES • PUBLIC HEARINGS ITEM 1. CASE. NO. 87-19, JOHN ROSENBERRY, LOT 12.05, BLOCK 5, CAPE CANAVERAL BEACII GARDENS, UNIT TH'O 238 CANAVERAL BEACH BLVD -VIOLATION OF APPENDIX A-103.6 OF TIIE STANDARD BUILDING CODE. 1985 EDITION CONDITIONS OP TIIEPERMIT AS ADOPTED BY SECTION 611 OF THE CAPE CANAVERAL CODE OF ORDINANCES; SEC- TION 640.03 TO]YN IIOUSE AREA AND D1511'.NSIONS TOK NIIOUSG MINIMUM SETBACK REQUIRENIENTS; AND SECTION IaI SETBACK ENCROACHMENTS tit MRS. HUTCHERSON OUTLINED THE CHAIN OF EVENTS PRIOR TO THE NOTICE OF VIOLATION: AUGUST 15, 1986 - A REQUEST FROM CLIMATROL SALES TO CONSTRUCT A SCREEN ROOM WAS DENIED BECAUSE IT DID NOT MEET THE REQUIRED SETBACK REQUIRE- MENTS. OCTOBER 23, 1987, MR. LARRY KING APPLIED FOR A PERMIT FOR A SCREEN ROOM AND WAS ADVISED OF THE PREVIOUS DENIAL AND OF THE CHANGE IN THE ORDI- NANCE WHICH WOULD ALLOW A SCREEN ENCLOSURE WITH A SCREEN ROOM. THAT SAME DAY, CONSTRUCTION WAS STARTED WITHOUT THE BENEFIT OF A PERMIT AND A STOP WORK ORDER WAS ISSUED. SUBSEQUENTLY, PERMIT #5308 WAS ISSUED FOR A SCREEN ROOM WITH A SCREEN ROOF. S HAD BEEN REQUESTED, MRS. 1 12, HUTCHERSON VISITED THE SITE AND 1987 - SINCE NO I FOUND ITHE SCREEN R0051 COMPLETE WITH A METAL ROOF, DOWNSPOUTS AND GUTTERS. DISCUSSION FOLLOWED. MR. OKELL DECLARED A CONFLICT ON THIS ITEM BECAUSE OF A NEIGHBOR- ING RELATIONSHIP. ATTORNEY THERIAC EXPLAINED THAT UNLESS MR. OKELL HAD A PECUNIARY INTEREST IN THIS ITEM, HE SHOULD NOT DECLARE A CONFLICT. MR. OKELL STATED THAT HE WOULD VOTE IF THAT WERE THE CASE, BUT HE WANTED IT ON RECORD THAT IIB WISHED TO ABSTAIN. MRS. RUSSELL MOVED THAT MR. ROSENBERRY, CASE NO. 87-19, BE FOUND IN VIOLATION OF SECTION A-130.6 OF THE STANDARD BUILDING CODE AND SHALL COMPLY ON OR BEFORE FEBRUARY 11, 1988, BY REMOVING THE METAL ROOF, DOWNSPOUTS AND GUTTERS FROM THE STRUCTURE, AND UPON COMPLIANCE MR. ROSENBERRY SHALL NOTIFY MRS. HUTCHERSON IN WRITING. MR. HUTCHINSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. FOLLOWING A DISCUSSION ON REAR SETBACK REQUIREMENTS FOR A SCREEN ENCLOSURE, MR. HUTCHINSON MOVED THAT MR. ROSENBERRY BE FOUND IN VIOLA- TION AND SHALL COMPLY BY SATISFYING THE SETBACK REQUIREMENTS OF SECTION 639.21. MS. BENSON SECONDED THE MOTION. VOTE ON THE MOTION WAS ALL OPPOSED. MOTION FAILED. MR. HUTCHINSON MOVED THAT MR. ROSENBERRY BE FOUND IN VIOLATION OF SECTION en'.tt AND SHALL COMPLY ON OR BEFORE FEBRUARY 11, 1988, BY fo3 9.7-1 yc CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 21, 1988 PAGE 2 OF 4 PAGES RELOCATING THE SCREEN AND SUPPORTS ENCROACHING INTO THE REAR SETBACK TO MEET THE REAR SETBACK REQUIREMENT [FIVE (5) FEET FROM THE REAR PRO- PERTY LINE]. SIRS. RUSSELL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. CASE NO. 87-20 CARL FISCHER LOT 9 BLOCK 9 CAPE CANAVERAL BEACH GARDENS UNIT TWO WEST OF 250 EAST CENTRAL BOULEVARD VIOLATION OF SECTION 202, ATTRACTIVE NUISANCE, OF TIIE STANDARD HOUSING CODE AS ADOPTED BY CIIAPTCR 619 OP THC CAPE CANAVERAL CODE OF ORDINANCES; SECTION 645.03, BUILDING PERMITS REQUIREDt AND SECTION 673.06 UNLAIVFUL ACCUMULATION MRS. HUTCHERSON REPORTED THAT CASE NUMBER 87-20 WAS NOW IN COM- PLIANCE AND A COMPLIANCE LETTER HAD BEEN SENT TO MR. FISCHER. PARCELS ITE81 3. 1.2'. 22 20.258 270 AND 2073 ISON ECTION 14 T IVP 2O4b, INC37E 88 0 NO TH ATLANTIC AVENUE - VIOLATION OP SECTIONS 503.15, SURFACE AND STORM DRAINAGE AND 677 d1OSQU1T0 CONTROL MR. ECKLEY DISTRIBUTED COPIES OF COMPLAINTS RECEIVED FROM OWNERS AT VILLAGES OF SEAPORT AND CORRESPONDENCE TO THE CITY ENGINEER, RE: THE PROBLEM WITH THE WATER RETENTION AREAS. HE EXPLAINED THAT THE STORM WATER RETENTION AREAS WERE NOT WORKING PROPERLY, CAUSING STAND- ING WATER AND A BREEDING PLACE FOR MOSQUITOES. HE POINTED OUT THAT LETTERS HAD BEEN WRITTEN TO THE OWNERS AND ENGINEERS BUT NOTHING HAD BEEN DONE TO RESOLVE THIS PROBLEM. DISCUSSION FOLLOWED. CHAIRMAN STENGLEIN MOVED THAT CASE NUMBER 88-01 BE FOUND IN VIO- LATION OF SECTION 503.15, SURFACE AND STORM DRAINAGE, AND SECTION 677, MOSQUITO CONTROL; THAT MR. POWIS AND/OR ENGINEERS MEET WITH THE CITY'S BUILDING DEPARTMENT AND SUBMIT A PLAN FOR RESOLVING THE PROBLEM BY MARCH 1, 1988- MRS. RUSSELL SECONDED THE MOTION. MOTION CARRIED UNANIMOULSY. ITEM 4. CASE NO. 88-02 JEFFREY RICH PARCEL 288 SECTION 232: V 24S ROE 37E 8200 ASTRONAUT BOULEVARD - VIOLATION OF SECTION 102.3.1 MISREPRESENTATION OF APPLICATION OF TIIE STANDARD BUILDING CODE AS ADOPTED BY SECTION 611.01 STANDARD BUILD- ING CODE ADOPTED• SECTION 639.01 OFF-STREET PARKING REGULA- TIONS= SECTION 535,OS MODIFYING IMPACT FEES= SECTION 645.07, CERTIFICATE OF OCCUPANCY REQUIRED; AND SECTION 721 53, OCCU PATIONAL LICENSES ATTORNEY JOE SCOTT, REPRESENTING MR. RICH, INFORMED .THE BOARD THAT HIS CLIENT HAD INITIATED A LAWSUIT AGAINST THE CITY AND REQUESTED THAT ALL ACTION BE STAYED UNTIL THE LAWSUIT HAD BEEN RESOLVED. CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 21, 1988 PAGE 3 OF 3 PAGES ATTORNEY THERIAC ASKED NIBS. HUTCHERSON TO MAKE HER PRESENTATION. DISCUSSION FOLLOWED. MRS. RUSSELL MOVED TO DELAY ANY ACTION ON CASE NO. 88-02. MR. OKELL SECONDED THE MOTION. AIRS. RUSSELL REQUESTED TO AMEND THE MOTION TO READ: TO DELAY ACTION ON CASE NO. 88-2 TO THE FIRST MEETING FOLLOWING COMPLETION OF COURT ACTION. AIR. OKELL SECONDED MOTION. VOTE ON THE AMENDMENT AND THE MOTION CARRIED UNANIMOUSLY. ITEM 5. CASE NO. 88-03 ROBERT D.STOLL LOT 12 OCEAN MIST TOWNHOUSES 383 CHANDLER AVENUE -VIOLATION OF SECTION 045.03, BUILDING PERMITS REQUIRED AIRS. HUTCHERSON RECOMMENDED THAT THIS CASE BE POSTPONED UNTIL THE NEXT MEETING SINCE SHE HAD NOT RECEIVED THE RETURN RECEIPT FOR THE CERTIFIED NOTICE OF VIOLATION AND SHE HAD NO EVIDENCE THAT MR. STOLL WAS AWARE OF THE VIOLATION. DISCUSSION FOLLOWED. MRS. RUSSELL MOVED TO DELAY THE HEARING ON THIS ITEM UNTIL AIR. STOLL HAD BEEN CONTACTED. MS. BENSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION AIR. HUTCHINSON ASKED IF THE CITY WOULD MAKE A REPORT OF THE ATONIES RECEIVED FOR FINES, LIENS, ETC. IMPOSED BY THE CODE ENFORCEMENT BOARD SINCE ITS INCEPTION. CHAIRMAN STENGLEIN COMMENTED THAT THE BOARD COULD BE A GREAT VALUE TO THE CITY IF THESE FINES WERE COLLECTED. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:00 P.M. APPROVED THIS .__L_. DAY OF 11988. CHAIRMAN EC ARY CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 21, 1988 PAGE 4 OF 4 PAGES