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HomeMy WebLinkAboutCEB 1987 MinutesCODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 19, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON NOVEMBER 19, 1987, AT THE CITY HALL ANNEX, 111 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN STENGLEIN CALLED THE MEETING TO ORDER AT 7:39 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT- CHARLES STENCLEIN RESENT:CHARLESSTENGLEIN CHAIRMAN MARY RUSSELL VICE CHAIRMAN JEANNE BENSON ROY MOELLER JAMES OKELL MEMBERS ABSENT DONALD ARABIAN GEORGE HUTCHINSON OTHERS PRESENT: JAMES THERIAC CITY ATTORNEY EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER LEO NICHOLAS CITY MANAGER BOB HOOD MAYOR PRO TEM JOSEPHINE HUGHES SECRETARY MR. DRELL MOVED TO APPROVE THE MINUTES OF THE OCTOBER 22, 1987, MEETING. AIR. MOELLER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS NOTED THAT THE NEXT MEETING WOULD BE HELD ON DECEMBER 17, 1987. CHAIRMAN STENGLEIN ANNOUNCED THAT IN LIEU OF READING THE CODE ENFORCEMENT PROCEDURES, COPIES WERE AVAILABLE AT THE TABLE BY THE DOOR. COMPLIANCE HEARINGS ITEM 1. CASE NO. 87-17 NICK J. BILLIAS LOT 97 HARBOR HEIGHTS THIRD ADDITION SOUTHEAST CORNER OF HARBOR AND CORAL DRIVES - VIOLATION OF SECTION 793.83 PUBLIC NUISANCES PROHIBITED CITY ATTORNEY THERIAC SWORE IN MRS. HUTCHERSON. MRS. HUTCHERSON REPORTED THAT THE LOT HAD BEEN CLEARED AND THAT MR. BILLIAS WAS IN COMPLIANCE. CODE ENFORCEMENT HOARD REGULAR MEETING NOVEMBER 19, 1987 PAGE I OF 2 PAGES ITEM 2. CASE NO. 87-18, MAHMOUD-PISIIGAR, D/B/A CANAVERAL PIZZA AND SUBS, LOTS 9 AND 10, BLOCK 19, AVON -BY -THE -SEA 8010 NORTH ATLANTIC AVENUE - VIOLATION OF SECTIONS 653.O6. PROHIBITED SIGNS AND FEATURES E PORTABLE SIGNS, AND SECTION 675.17, DISTRIBUTING COMMERCIAL. AND NONCOMMERCIAL. HANDBILLS AT INHABITED PREMISES AIRS. HUTCHERSON REPORTED THAT AIR. PISHGAR WAS IN COMPLIANCE AT THIS TIME; HOWEVER, HE WAS NOT IN COMPLIANCE ON THE 9TH OF NOVEMBER. SIZE REPORTED THAT SHE HAD HAND DELIVERED THE NON-COMPLIANCE NOTICE AND HAD ADVISED MR. PISIIGAR THAT THE BOARD COULD IMPOSE A FINE FOR EACH DAY THE PORTABLE SIGN WAS NOT REMOVED. MRS. HUTCHERSON STATED THAT SHE HAD RECEIVED TWO HANDBILLS WHICH HAD BEEN PLACED ON THE WINDSHIED OF AUTOMOBILES IN THE HARBOR HEIGHTS SUBDIVISION. SHE RECOMMENDED THAT A FINE BE IMPOSED IN THE EVENT MR. PISIIGAR SHOULD DISPLAY THE PORTABLE SIGN OR CONTINUE THE IMPROPER DISTRIBUTION OF HANDBILLS. DISCUSSION FOLLOWED. AIRS. RUSSELL MOVED THAT IN CASE NO. 87-18 THAT THE BOARD FIND AIR. PISIIGAR IN NON-COMPLIANCE OF SECTION 559.06, AND THAT MR. PISIIGAR BE FINED TWENTY-FIVE DOLLARS ($25.00) FOR THE FIRST OFFENSE AND FIFTY DOLLARS ($50.00) PER DAY FOR EACH SUBSEQUENT VIOLATION. MR. OKELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION FOLLOWED. MRS. RUSSELL MOVED THAT MR. PISHGAR BE FOUND IN NON-COMPLIANCE OF SECTION 675.17 AND THAT A FINE OF TWENTY-FIVE DOLLARS ($25.00) BE IMPOSED FOR THE FIRST OFFENSE AND FIFTY DOLLARS ($50.00) PER DAY FOR EACH ADDITION OFFENSE. MR. MOELLER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION CHAIRMAN STINGLEN WELCOMED JEANNE BENSON TO THE BOARD. CHAIRMAN STENGLEIN INQUIRED ABOUT THE CAR FOR SALE IN FRONT OF BEACH PAWN SHOP. MRS. HUTCHERSON STATED THAT ONE VEHICLE HAD BEEN REMOVED AND THAT SHE WOULD DISCUSS THE MATTER WITH MR. SALE. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 7;55 P.M.� APPROVED THIS Y OP! , 191. g -H G CHAIRMAN I n 6,EC TARY CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 19, 1987 PAGE 2 OF 2 PAGES o CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 22, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON OCTOBER 22, 1987 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. MEMBERPRESENT: CHARLES STENGLEIN CHAIRMAN CHAIRMAN MARY RUSSELL VICE GEORGE HUTCHINSON ROY MOELLER JAMES OKELL MEMBERS ABSENT: DONALD ARABIAN - OTHER._- S PRESENTS KOHN BENNETT. DEPUTY CITY ATTORNEY EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER LEO NICHOLAS CITY MANAGER BOB HOOG MAYOR PRO TEM JOHN MURPHY COUNCILMAN CHEYRL ROIG. SECRETARY MR. OKELL POINTED OUT THAT A CORRECTION WAS NEEDED IN THE MINUTES OF THE MEETING OF SEPTEMBER 17, 1987, IN THAT ON PAGE 2, CASE NO. 87-8 HE VOTED IN FAVOR OF THE MOTION. MR. OKELL MOVED TO APPROVE THE MINUTES OF SEPTEMBER 17, 1987 AS CORRECTED. MR. HUTCHINSON SECONDED MOTION., MOTION CARRIED UNANIMOUSLY. THE NEXT MEETING DATE WAS SET FOR NOVEMBER 19, 1987. CHAIRMAN STENGLEIN ANNOUNCED THAT COPIES OF THE CODE ENFORCEMENT BOARD STATEMENT OF PROCEDURES WERE AVAILABLE ON THE TABLE BY THE DOOR. COMPLIANCE HEARINGS ITEM 1. CARE N0. 87-8 121CORPORATION WESLEY KIRBY LOTS 14 AND 15 BLOCR 2 AVON -BY -THE -SEA (350 MONROE AVENUE) - VIOLATION OF SECTION 639.36 LIVING OR RESIDING IN AUTOMOTIVE VEHICLES DEPUTY CITY. ATTORNEY BENNETT SWORE IN MRS. HUTCHERSON. MRS. HUTCHERSON REPORTED THAT THE TRAILERS WERE NO LONGER BEING USED AS LIVING QUARTERS AND THAT FLORIDA POWER 6 LIGHT HAD INFORMED HER THAT THERE WAS NO POWER TO EITHER TRAILER. CODE ENFORCEMENT BOARD OCTOBER 22, 1987 PAGE 1 OF 3 MRS. RUSSELL MOVED TO FIND WESLEY KIRBY, 121 CORPORATION, IN COMPLIANCE WITH SECTION 639.36. MR. HUTCHINSON SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS ITEM 1. CASE NO 87-17 NICK J BILLIAS, LOT 97, HARBOR HEIGHTS THIRD ADDITION (SOUTHEAST CORNER HARBOR AND CORAL DRIVESI- VIOLATION OF SECTION 703.03, PUBLIC NUISANCES PROHIBITED MRS. HUTCHERSON STATED THAT SHE HAD SENT MR. BILLIAS A COURTESY NOTICE ON NOVEMBER 19, 1986, THAT HIS LOT NEEDED TO BE MOWED. A TWENTY DAY NOTICE WAS SENT ON JANUARY 14, 1987. PRIOR TB THE LOT BEING CLEARED, SEVERAL LOADS OF DIRT WERE PLACED ON HIS PROPERTY. MRS. HUTCHERSON ASSUMED THAT SOME WORK WAS GOING TO BE DONE. MRS. HUTCHERSON INFORMED THE BOARD THAT SHE HAD RECEIVED NO COOPERATION FROM MR. BILLIAS AND HE HAD INFORMED HER HE WANTED NO ONE TRESPASSING ONTO HIS PROPERTY TO CLEAR IT. A NOTICE OF VIOLATION WAS MAILED ON SEPTEMBER 3, 1987 WITH A COMPLIANCE DATE OF SEPTEMBER 23, 1987. NOTHING WAS DONE UNTIL OCTOBER 17TH AND 18TH, WHEN MOUNDS OF DIRT WERE LEVELED. THE LOT STILL NEEDS TO BE MOWED AND THE UNDERBRUSH REMOVED. MRS. HUTCHERSON ENTERED INTO EVIDENCE PICTURES OF THE PROPERTY AND THE NOTICE OF VIOLATION. MR. MOELLER MOVED TO FIND MR. BILLIAS IN VIOLATION OF SECT- ION 703.03 AND THAT HE COME INTO COMPLIANCE BY NOVEMBER 9, 1987. MRS. RUSSELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. CASE NO 87-18 MAHMOUD-PISHGAR D/B/A CANAVERAL PIZZA AND SUBS LOT59 AND 0 BLOCK 3 AVON BY Inn -SEA 18010 N. ATLANTIC AVENUEI - VIOLATION OF SECTION 5 PROHIBITED SIGNSAND PEATURES (E) PORTABLE SIGNS AND SECTION 75. DISTRIBUTING COMMERCIAL AND NONCOMMERCIAL HANDBILLS AT INHABITED PREMISES MRS. HUTCHERSON STATED THAT SHE HAD SPOKEN WITH MR. PISHGAR ABOUT REMOVING THE PORTABLE SIGN IN FRONT OF .HIS BUSINESS. THE SIGN WAS NOT REMOVED AND A NOTICE OF VIOLATION WAS HAND DELIVERED ON OCTOBER 15, 1987. MRS. HUTCHERSON WAS, ALSO INFORMED THAT HANDBILLS ADVERTISING CANAVERAL PIZZA S SUBS WERE BEING PUT PLACED ON MAILBOXES. THIS WAS BROUGHT TO THE ATTENTION OF MR. PISHGAR. HE INFORMED MRS. HUTCHERSON THAT THE DISTRIBUTION OF THE HANDBILLS WOULD BE DISCONTINUED. CODE ENFORCEMENT BOARD OCIDBER 22, 1987 PAGE 2 OF 3 MRS. HUTCHERSON INFORMED THE BOARD THAT ON OCTOBER 22, 1987 THE PORTABLE SIGN WAS STILL IN FRONT OF MR. PISHGAR'S BUSINESS. MR. MOELLER MOVED TO FIND MR. PISHGAR IN VIOLATION OF SECTION 653.06 AND THAT HE BE IN COMPLIANCE BY NOVEMBER 9, 1987. MRS. RUSSELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. ELECTION OF OFFICERS MR. OKELL NOMINATED MR. STENGLEIN FOR CHAIRMAN. MRS. RUSSELL SECONDED MOTION. MR. STENGLEIN WAS ELECTED CHAIRMAN BY ACCLAMATION. MR. HUTCHINSON NOMINATED MRS. RUSSELL FOR VICE CHAIRMAN. MR. STENGLEIN SECONDED MOTION. MRS. RUSSELL WAS ELECTED VICE CHAIRMAN BY ACCLAMATION. ITEM 2. DISCUSSION REt VACANCIES ON CODE ENFORCEMENT BOARD BOARD APPLICANT, JEANNE BENSON WAS IN ATTENDANCE. CHAIRMAN STENGLEIN ASKED MS. BENSON. IF SHE WOULD CONSIDER SERVING AS A REGULAR MEMBER OF THE BOARD. SHE INDICATED THAT SHE WAS WILLING TO SERVE IN THIS CAPACITY. IT WAS THE CONSENSUS OF THE BOARD TO REQUEST CITY COUNCIL TO APPOINT MS. BENSON AS A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD. DISCUSSION DISCUSSION WAS HELD ON THE CODE ENFORCEMENT BOARD TAKING A FIRMER STAND ON CODE VIOLATIONS AND THE LEVYING OF FINES. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8;30 P.M.. APPROVED THIS /TDAY OF r 1987. NDE ENFORCEMENT BOARD OCIOBER 22, 1987 PAGE 3 OF 3 s • CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 17, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON SEPTEMBER 17, 1987, 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 DONALD ARABIAN GEORGE HUTCHINSON RONNIE LOPEZ ROY MOELLER JAMES OKELL OTHERS PRESENT: JAMES THERIAC CITY ATTORNEY EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER LEO NICHOLAS CITY MANAGER BOB HOGG MAYOR PRO TEM JOHN MURPHY COUNCIL MEMBER JOSEPHINE HUGHES SECRETARY MR. HUTCHINSON MOVED TO APPROVE THE MINUTES OF THE AUGUST 20, 1987, MEETING. MR. OKELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS NOTED THAT THE NEXT MEETING WOULD BE HELD ON OCTOBER 22, 1987. CHAIRMAN STENGLEIN ANNOUNCED THAT IN LIEU OF READING THE CODE ENFORCEMENT PROCEDURES, COPIES ARE AVAILABLE AT THE TABLE BY THE DOOR. COMPLIANCE HEARINGS ITEM 1. CASE NO. 87-09 WILLIAM P. McARA PARCEL 898 SECTION 15, TOWNSHIP 24 SOUTH RANGE• 37 EAST 280 {VEST CENTRAL BOULEVARD - VIOLATION OF SECTION 721.01, DELINQUENT LICENSES ATTORNEY THERIAC SWORE IN MRS. HUTCHERSON. MRS. HUTCHERSON REPORTED THAT MR. MCARA CONTINUES TO BE IN VIOLATION; HE HAS NOT RENEWED HIS OCCUPATIONAL LICENSE AND HIS TELEPHONE WAS STILL BEING ANSWERED "MCARA CONSTRUCTION." SHE SUMMARIZED MR. MCARA'S REMARKS AT THE LAST MEETING THAT HE MAINTAINED THAT HE WAS ONLY DOING WARRANTY WORK. SINCE A QUORUM OF THE BOARD WERE NOT PRESENT TO VOTE, CASE NO. 87-09 WAS TABLED. DISCUSSION FOLLOWED. ATTORNEY THERIAC ADVISED THAT A ONE TIME FINE MAY BE NECESSARY OR AN INJUNCTION AGAINST HIM, TO STOP ALL ACTIVITIES, IF HE CONTINUES TO DISREGARD THE BOARD'S ORDER OF JULY 23, 1987. CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 17, 1987 PACE 1 OF 2 PAGES MR. MOELLER MOPED TO REAPPROVE THE BOARD'S PRIOR ACTION IN THE ORDER IMPOSING A FINE DATED JULY 23, 1987. MR. LOPEZ SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. CASE NO. 87-16 DOUGLAS 1.. DAVIS (LOT 1) JOHN W. M1fIDDt.EVEEN LOT 2 JOANNA ATWOOD I.OT 3, FRANK M1IORRELt. JR. LOTS 4 AND 9 ABBY W. CZUBAK LOT 5 , SPACE COAST BUILDERS LOTS 6 AND 7 AND PARCEL "A" AND DEBRA ANN JACKSON LOT B LONG POINT TOWNHOUSES 170-186 LONG POINT ROAD - VIOLATION OF. SECTION 673.03 C , LOCATION OF GARBAGE RECEPTACLES MRS. HUTCHERSON REPORTED THAT THE GARBAGE RECEPTACLES AND SCREENING HAD BEEN REMOVED FROM THE RIGHT-OF-WAY AND A COMPLIANCE NOTICE HAD BEEN MAILED. PUBLIC HEARINGS ITEM 1. CASE NO. 87-08, 121 CORPORATION WESLEY KIRBY LOTS 14 AND 1B BLOCK 21, AVON -BY -THE -SGA, 350 R-01,111—Or - VIOLATION OF SECTION 639.33, LOCATION OF RECREATIONAL VEHICLES, CAMPING �UIPM ENT, BOATS AND BOAT TRAILERS= 639.36 LIVING OR RESIDING IN AUTOMOTIVE VEIIICLES; AND 639.37, PARKING AND STORAGE OF CERTAIN VEHICLES ATTORNEY THERIAC SWORE IN AIR. KIRBY AND MR. ANDERSON. MRS. HUTCHERSON OUTLINED THE EVIDENCE PRESENTED AT THE LAST MEETING. DISCUSSION FOLLOWED. AGAIN, AS IN THE LAST MEETING, THERE WAS CONFLICTING TESTIMONY GIVEN BY hill. KIRBY AND M1IR. ANDERSON. AIR. ARABIAN MOVED THAT 121 CORPORATION BE FOUND IN VIOLATION OF SECTION 639.36 AND SHALL COME INTO COMPLIANCE BY NOT USING THE TRAILER FOR LIVING PURPOSES BY OCTOBER 1, 1987. AIR. MOELLER SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR: MR. ARABIAN, hill. HUTCHINSON, 7rA t1mL AIR. MOELLER► AND MRS RUSSELL; OPPOSED: AIR. LOPEZ AND hill. STENGLEIN. SINCE SECTIONS 639.33 AND 639.37 WERE NOT IN EFFECT AT THE TIME AIR. KIRBY PURCHASED THE PROPERTY, MRS. HUTCHERSON WITHDREW THE CHARGES FOR VIOLATIONS OF THESE SECTIONS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:00 P.M. AS CURRL-c7E� APPROVELITHIS 221d DAY OF October /, 1987. UH AIRMAN SECRETARY • CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 17, 1987 PAGE 2 OF 2 PAGES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 20, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON AUGUST 20, 1987, 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 DONALD ARABIAN JAMES OKELL MEMBERS ABSENT: GEORGE HUTCHINSON RONNIE LOPEZ ROY MOELLER VINCENT JAMES ALTERNATE OTHERS PRESENT: KOHN BENNETT DEPUTY CITY ATTORNEY EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER BOB HOOD MAYOR PRO TEM JEFF KIDD COUNCIL MEMBER JOSEPHINE HUGHES SECRETARY MR. OKELL MOVED TO APPROVE THE MINUTES OF THE JULY 23, 1987, MEETING. MR. ARABIAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS NOTED THAT THE NEXT MEETING WOULD BE HELD ON SEPTEMBER 17,1987. CHAIRMAN STENGLEIN READ THE STATEMENT OF PROCEDURES FOR THE CODE ENFORCEMENT BOARD. ATTORNEY BENNETT SWORE IN MRS. HUTCHERSON. COMPLIANCE HEARINGS ITEM 1. CASE N-0-.1.-701, EMORY J. 1VEAVER AND MILTON SEIDMAN, LOT 22.02, BANANA AIVER ESTATES SECTION 28 TOIVNSHIP 24 SOUTH RANGE 37 EAST 6701 NORTH ATLANTIC AVENUE - VIOLATION OF SECTION 673.06. GARBAGE AND TRASH REMOVAL MRS. HUTCHERSON STATED THAT CASE NO. 87-06 WAS IN COMPLIANCE. THIS CASE WAS TABLED AT THE LAST MEETING DUE TO THE FACT THAT THERE WAS A COMPLAINT ON FILE WHICH HAD NOT BEEN INVESTIGATED. SHE FOUND THAT THE COMPLAINT WAS NOT RELATED TO THE VIOLATION CITED. CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 20, 1987 PAGE 1 OF 4 PAGES • ITCH 2. CASE NO. 87-08. 121 CORPORATION11'ESLEY KIRBY, LOTS 14 AND 15, BLOCK 21 AVON-BY-TIIG-SEA, 1350 n1ONROE AVENUE: - VIOLATION OF SECTION 639 33 LOCATION OF RECREATIONAL VEIIICLCS, CAMPING EQUII n ENT BOATS AND BOAT TRAILERS: 639.36 LIVING OR RESIDING IN AUTOMOTIVE VEIIICLES• AND 639.37, PARKING AND STORAGI. OF CERTAIN VEHICLES ATTORNEY BENNETT SNORE IN WESLEY KIRBY. MRS. HUTCHERSON OUTLINED THE EVIDENCE PRESENTED AT THE LAST MEETING. ATTORNEY JACOBUS, REPRESENTING MR. KIRBY, ASKED THE BOARD IF HE COULD QUESTION MR. KIRBY IN ORDER TO HAVE HIM TELL HIS SIDE OF THE STORY. THE BOARD CONSENTED. DURING THE QUESTIONING, MR. KIRBY TESTIFIED THAT THE LARGE TRAILER IIAD NOT BEEN REPLACED. DISCUSSION FOLLOWED. DUE TO CONFLICTING TESTIMONY OF MR. KIRBY AND THE COMPLAINANT, MR. ANDERSON, ATTORNEY BENNETT RECOMMENDED THAT THE ORDER OF JULY 23, 1987, BE VACATED, AND THE ITEM BE TABLED UNTIL THE NEXT MEETING WITH THE BURDEN OF PROOF BEING PLACED ON MR. KIRBY AND HIS ATTORNEY. MR. ARABIAN MOVED THAT THE ORDER GIVEN ON JULY 23, 1987, BE VACATED AND THAT CASE NO. 87-08 BE SCHEDULED FOR A PUBLIC HEARING ON SEPTEMBER 17, 1987. MRS. RUSSELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. CASE NO. 87-09 WILLIAM P. MCARA PARCEL 806 SECTION 15 TOWNSHIP 24 SOUTH RANGE 37 EAST 280 WEST CENTRAL BOULEVARD - VIOLATION OF SECTION 721.01, DELINQUENT LICENSES MR. McARA WAS SWORN IN. MRS. HUTCHERSON REPORTED THAT MR. McARA HAD NOT OBTAINED AN OCCUPATIONAL LICENSE. DISCUSSION FOLLOWED. MR. McARA MAINTAINED THAT. HE WAS NOT DOING BUSINESS IN THE CITY; THAT HE ONLY DOES WARRANTY. WORK. CHAIRMAN STENGLEIN DECLARED A CONFLICT BECAUSE OF HIS FRIENDSHIP WITH MR. McARA. ATTORNEY BENNETT STATED THAT NO ACTION COULD BE TAKEN ON THIS ITEM BECAUSE WITH CHAIRMAN STENGLEIN ABSTAINING, A QUORUM WAS NOT PRESENT TO VOTE. MR. ARABIAN MOVED THAT CASE NO. 87-09 BE TABLED UNTIL THE SEPTEMBER 17, 1987 MEETING. MR. DRELL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. CASE NO. 87-14 KENNETH A: KRAUT AND STEVEN HARRAH LOT 30 BLOCK 20 AVON -BY -THE -SEA 204 MONROE AVENUE - VIOLATION OF 673.08 UNLAWFUL ACCUMULATION SECTION 676.10 LITTER ON OCCUPIED PRI ATE PROPERTY AND SECTION 676.11, OWNER, I MAINTAIN PREMISES FREE OF LITTER CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 20, 1987 PACE 2 OF 4 PAGES AIRS. HUTCHERSON STATED THAT SOME, BUT NOT ALI, OF THE ACCUMULATION HAD BEEN REMOVED. AIRS. RUSSELL MOVED THAT KENNETH A. KRAUT AND STEVEN IIARRAH CONTINUE TO BE FOUND IN VIOLATION AND IF THE REMAINING ITEMS ARE NOT REMOVED BY SEPTEMBER 10, 1987, AIR. KRAUT AND MR. IIARRAH BE FINED $25.00 A DAY, TO BEGIN ON SEPTEMBER 11, 1987, AND CONTINUING UNTIL THEY ARE IN COMPLIANCE. MR. STENGL£IN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. CASE NO. 87-15, LEON MIKESELL LOT 11 BLOCK 20, AVON-BY-TIIE- SEA EAST OF 204 AfONROG A1'ENUE - VIOLATION OF SECTION 673.06, UNLAWFUL ACCUMULATION MRS. HUTCHERSON EXPLAINED THAT THERE HAD BEEN LITTLE CHANGE SINCE THE LAST MEETING. THE RUSTY UTILITY TRAILER AND BROKEN CONCRETE BLOCK AND OTHER DEBRIS REMAIN IN THE PALMETTO CLUMP. SIZE NOTED THAT A WAIVER OF RIGHTS HAD BEEN SENT TO THE OWNER FOR THE REMOVAL OF THE TRAILER, BUT HAD NOT BEEN RETURNED TO DATE. MRS. RUSSELL MOVED THAT MR. MIKESELL CONTINUES TO BE IN NON-COMPLIANCE AND IF THE DEBRIS HAS NOT BEEN REMOVED BY SEPTEMBER 10, 1987, MR. MIKESELL BE FINED $10.00 PER DAY, STARTING SEPTEMBER 11, 1987, UNTIL HE IS IN COMPLIANCE. MR. DRELL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS ITEM 1. CASE NO. 87-16 DOUGLAS L. DAVIS (LOT 1) JOHN W. MIDDLEVEEN LOT 2 JOANNA ATWOOD LOT 3 FRANK M1fORRELL JR. LOTS 4 AND 8 BARRY W. CZU13AK LOT 5 SPACE COAST BUILDERS LOTS 6 AND 7 AND FARCEL "A" AND DEBRA ANN JACKSON LOT - LONG POINT TOWNHOUSES 170-186 LONG POINT ROAD - VIOLATION OP SECTION 673.03(C). LOCATION OF GARBAGE RECEPTACLES MRS HUTCHERSON REPORTED THAT SIZE HAD CONTACTED MS. ATWOOD, SPOKESWOMAN FOR THE GROUP, SEVERAL MONTHS AGO TO HAVE THE TRASH CANS REMOVED FROM THE RIGHT-OF-WAY. CERTIFIED LETTERS WERE SENT TO ALL PROPERTY OWNERS, BUT ONLY ONE RETURN RECEIPT HAD BEEN RECEIVED. DISCUSSION FOLLOWED. MRS. RUSSELL MOVED THAT: 1. THE GARBAGE. RECEPTACLES AND SCREENING ARE IMPROPERLY LOCATED IN THE RIGHT-OF-WAY. 2. THE PROPERTY OWNERS ARE IN VIOLATION OF SECTION 673.03 OF THE CITY CODE OF ORDINANCES. CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 20, 1987 PAGE 3 OF 4 PAGES • i 3. THE PROPERTY OWNERS SHALL COMPLY BY SEPTEMBER 19, 1987, BY RELOCATING THE GARBAGE RECEPTACLES AND SCREENING FROM THE RIGHT-OF-WAY. 4. UPON COMPLIANCE, EACH PROPERTY OWNER SHALL NOTIFY EVELYN HUTCHERSON, IN WRITING. 51R. ARABIAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETINGWAS ADJOURNED AT 9:25 P.M. APPROVED THIS 4eDAY OF , 1987. CODE ENFORCEMENT BOARD REGULAR MEETING JULY 23, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON JULY 23, 1987, AT THE RECREATION .CENTER, 7300 N. ATLANTIC AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN STENGLEIN CALLED THE MEETING TO ORDER AT 7 t 30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERSPRESENT: CHARLES STENGLEIN CHAIRMAN MARY RUSSELL VICE CHAIRMAN GEORGE HUTCHINSON DON ARABIAN ROY MOELLER JAMES OKELL RONNIE LOPEZ MEMBERS ABSENT: VINCENT JAMES ALTERNATE OTHERS PRESENT: JAMES THERIAC CITY ATTORNEY EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER LEO NICHOLAS CITY MANAGER BOB HOOG. MAYOR PRO. TEM JEFFREY ECKLEY BUILDING INSPECTOR JOSEPHINE HUGHES .SECRETARY MR. HUTCHINSON MOVED TO APPROVE THE MINUTES OF JUNE 18, 1987. MRS., RUSSELL SECONDED THE MOTION. MOTION .CARRIED UNANIMOUSLY. IT WAS NOTED THAT MR. MOELLER WOULD. NOT ATTEND THE NEXT MEETING. COMPLIANCE HEARINGS ITEM 1. CASE NO 87-05 FRANK S. CA 0' LOT 9 AND WEST 20 FEET OF LOT 10 BLOCK 8 AVON BY THE '§ -EA 20 - JEFFERSON AVENUE - VIOLATION OF '-RECTION 673.06 UNLAWFUL ACCUMULATION OF GARBAGE AND TRASH REMOVAL ATTORNEY THERIAC SWORE IN MRS. HUTCHERSON. 'SHE STATED THAT MR. CARUSO WAS IN COMPLIANCE AND A NOTICE OF COMPLIANCE HAD BEEN SENT. CODE ENFORCEMENT BOARD REGULAR MEETING JULY 23, 1987 PAGE 1 OF 5 ITEM 2. CASE NO. 87-06, EMORY J. WEAVER AND MILTON SEIDMAN LOT 22.ESTATES, SECTION 02 BANANA RIVER 26, TOATLANTICNORTH S AVENUESOUTH- VIOL AT ON OF EAST SECTION0673.06. GARBAGE AND TRASH REMOVAL MRS. HUTCHERSON REPORTED THAT THE DEBRIS UNDER AND AROUND THE BUS HAD BEEN CLEANED UP. HOWEVER, SHE REQUESTED THAT THIS ITEM BE POSTPONED UNTIL THE NEXT MEETING SO THAT SHE COULD INVESTIGATE A CITIZEN'S COMPLAINT THAT HAD BEEN MAILED TO THE BOARD IN THEIR PACKETS, BUT WHICH SHE HAD NOT RECEIVED. MR. ARABIAN MOVED THAT THIS ITEM BE CONTINUED AT THE NEXT MEETING. MRS, RUSSELL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3• SECTION •15 7 TOWNSHIP VIAA24 p50 TH RARAN ERC 37 EAST 728001• DELINQUENTU LICENSES VIOLATION OF SECTION CHAIRMAN STENGLEIN DECLARED A CONFLICT BECAUSE OF A FRIENDSHIP WITH MR. MCARA. HE TURNED THE CHAIR OVER TO MRS. RUSSELL. MRS. HUTCHERSON STATED THAT SHE HAD SPOKEN WITH MR. MCARA AND HE CONTENDED THAT HE WAS NOT CONDUCTING A BUSINESS. SHE REQUESTED THAT HE ATTEND THE, CODE ENFORCEMENT BOARD MEETING, SINCE HE HAD AN AD IN THE TELEPHONE DIRECTORY AND HIS TELEPHONE WAS BEING ANSWERED •MCARA CONSTRUCTION.- DISCUSSION FOLLOWED. MR. MOELLER MOVED THAT MR. MCARA PAY A FINE IN THE AMOUNT OF $62.50 PLUS THE PENALTIES IMPOSED IN SECTION 721 OF THE CITY CODE OF ORDINANCES SHOULD THE VIOLATION CONTINUE TO EXIST AT 280 W. CENTRAL BOULEVARD PAST THE DATE OF AUGUST 13, MR. OKELL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CHAIRMAN STENGLEIN RESUMED THE CHAIR. PARCE ITEM 4. CAASE�MA• LINDAO SECTL. ION 23, TOWNSH P CONLEY D.D.S24 SOUTH, RANGE 37 EAST (7001 N. ATLANTIC AVENUE) - RANGE ION OF SECTION 721.01 DELINQUENT LICENSES MRS. HUTCHERSON STATED THAT L. L. CONLEY,D.D.S. HAD PROVIDED 'A LETTER STATING HE WAS NO LONGER DOING BUSINESS' IN THE CITY AND A COMPLIANCE NOTICE HAD BEEN SENT. ITEM 5. VIRGIN A♦ WIGGI2 FLOTB ERA O1 Y4 CLEASHIP NING VIRGINIA IC AVON BY 37H RANGE EESEA ECTION AST 8020 NORTH3ATLANTIC AVENUE SOUTVIOLATION OF SECTION 721.01 DELINQUENT LICENSES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 23, 1987 PAGE 2 OF 5 0 MRS HUTCHERSON REPORTED THAT MRS. WIGGINS HAS OBTAINED AN OCCUPATIONAL LICENSE, AND A COMPLIANCE NOTICE HAD BEEN SENT. ITEM 6. CASE NO 87-13 DR KAR KARE, KAREN L. SHORT, PARCEL 283 SECTION 23 TOWNSHIP 24 SOUTH RANGE 37 EAST (7001 NORTH ATLANTIC AVENUE) - VIOLATION OF SECTION 721.01 DELINQUENT LICENSES MRS. HUTCHERSON INFORMED THE BOARD THAT KAREN L. SHORT WAS NO LONGER IN BUSINESS AND A COMPLIANCE NOTICE HAD BEEN SENT. PUBLIC HEARINGS ITEM 1. CASE NO. 87-8 12I CORPORATION WESLEY KIRBY, LOTS 14 AND 15 BLOCK 21 AVON BY THE SEA ( 350 MONROE AVENUE) - VIOLATION OF SECTION 639.33; LOCATION OF RECREATIONAL VEHICLES CAMPING EQUIPMENT BOATS AND BOAT TRAILERS 639.361 LIVN639.37 ANU OKING AND TORAGE------ OF VVR I(Lblu— EHICLES PA MRS HUTCHERSON PRESENTED A SKETCH OF THE PROPERTY INDICATING THE ADDITIONS WHICH HAD BEEN MADE AND THE LOCATION OF THE TRAILERS. ATTORNEY THERIAC SWORE IN MR. DAVID ANDERSON. MR. ANDERSON SUBMITTED PICTURES OF THE TRAILERS AND NOTED THAT THE LARGE TRAILER WAS PLACED ON THE PROPERTY IN DECEMBER, 1984. DISCUSSION FOLLOWED. MR. ARABIAN MOVED THAT; 1. THE TWO TRAILERS LOCATED ON LOTS 14 AND 15, BLOCK 21, AVON -BY -THE -SEA WERE OCCUPIED; .WERE VISIBLE FROM THE STREET, AND WERE IMPROPERLY PARKED; ATION OF 2 639.33 21639 360KAND0N BE 639 37FOUND IN OF THE CAPE CANAVERAL SECTIONS CANAVERAL CODE OF ORDINANCES; 3. THAT 121 CORPORATION SHALL COMPLY ON OR BEFORE AUGUST 13, 1987 BY DISCONTINUING OCCUPANCY OF THE TRAILERS; RELOCATING THE TRAILER IN EXCESS OF 21 FEET TO AN APPROVED AND PERMITTED LOCATION; AND PUTTING THE SMALL TRAILER IN OPERABLE CONDITION, WITH CURRENT LICENSE PLATE AND LOCATING SO IT IS NOT VISIBLE FROM THE STREET. MR. MOELLER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. CASEHARRAHNO LOT 7104 BLOCKN 20 AVON BY KRAUT THEN SEA STEVEN MONROE AVENUE - VIOLATION OF SECTION 673.06 UNLAWFUL ACCUMULATION SECTION 675. 0 LITTER ON OCCUPIED PRIVATE PROPERTY1 AND SECTION 675.11 OWNER TO MAINTAIN PREMISES FREE _— MRS. MRS. HUTCHERSON PRESENTED PICTURES OF. THE ACCUMULATION OF AUTOMOBILE PARTS, TIRES, BATTERIES AND OTHER DEBRIS ON THE PROPERTY. DISCUSSION. FOLLOWED. CODE ENFORCEMENT BOARD REGULAR MEETING JULY 23, 1987 PAGE 3 OF 5 MRS. RUSSELL MOVED THAT THE MESSRS. KRAUT AND HARRAH BE FOUND IN VIOLATION OF SECTIONS 673.06, 675.10 and 675.11 OF THE CAPE CANAVERAL CODE OF ORDINANCES; THAT MESSRS. KRAUT AND HARRAH SHALL COMPLY BY AUGUST 13, 1987, BY THE REMOVAL OF THE AUTOMOBILE. PARTS, .TIRES, BATTERIES AND OTHER DEBRIS STORED ON LOT 10, BLOCK 20, AVON BY THE SEA. AND UPON COMPLIANCE MESSRS.. KRAUT AND HARRAH SHALL NOTIFY MRS. HUTCHERSON, IN WRITING. MR. MOELLER .SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY., ITEM 3. CASE NO 87-15 LEON MIKESELL, LOT 1, BLOCK 20 AVON BY THE SEA (EAST OF 204 MON ROE AVENUE) - VIOLATION OF SECTION 673.06, UNLAWFUL ACCUMU- LATION MRS.HUTCHERSON STATED THAT A CONSIDERABLE AMOUNT OF THE LUMBER, CONCRETE BLOCKS, AUTO PARTS AND OTHER DEBRIS HAD BEEN REMOVED. HOWEVER, THERE ARE BATTERIES NEXT TO THE FENCE AND BROKEN CONCRETE BLOCKS AND OTHER. DEBRIS IN THE PALMETTO CLUMP ON THE PROPERTY. SHE PRESENTED PICTURES OF THE PROPERTY WHEN THE VIOLATION NOTICE WAS MAILED AND OF THE AREAS WHICH HAVE NOT BEEN CLEARED TO DATE. DISCUSSION FOLLOWED. MR. STENGLEIN MOVED. THAT MR. MIKESELL BE FOUND IN VIOLATION OF SECTION 673.O6 OF THE CAPE CANAVERAL CODE OF ORDINANCES AND HE SHALL COMPLY BY AUGUST 13, 1987, BY THE REMOVAL OF ALL CONSTRUCTION MATERIAL, AUTOMOBILE. BATTERIES AND OTHER DEBRIS STORED ON HIS PROPERTY. UPON COMPLIANCE, MR. MIKESELL SHALL NOTIFY MRS. HUTCHERSON WHO SHALL INSPECT THE PROPERTY AND NOTIFY THE BOARD. MRS. RUSSELL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. DISCUSSION REe PURCHASE OF VIDEO CAMERA AFTER A .DISCUSSION OF THE MERIT OF A VIDEO CAMERA TO BE USED .FOR EVIDENCE. IN CODE ENFORCEMENT CASES, THE BOARD RECOMMENDED THAT THE CITY PURCHASE A VIDEO CAMERA.. CODE ENFORCEMENT BOARD REGULAR MEETING JULY 23, 1987 PAGE 4 OF 5 CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 18, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON MAY 21, 1987 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN CHARLES 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 GEORGE HUTCHINSON ROY MOELLER JAMES OKELL MEMBERS ABSENTt DON ARABIAN RONNIE LOPEZ VINCENT JAMES ALTERNATE OTHERS PRESENT: JAMES THERIAC- CITY ATTORNEY EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER LEO NICHOLAS CITY MANAGER BOB HOOD MAYOR PRO TEM JEFF KIDD COUNCILMAN JOSEPHINE HUGHES BUILDING SECRETARY CHEYRL ROIG SECRETARY MR. STENGLEIN POINTED OUT A CORRECTION TO THE MINUTES OF MAY 21, 1987: ON PAGE 3, CASE NO. 87-07, SAMUEL BUDESA, AN ADDITIONAL SENTENCE SHOULD READ "HE OBTAINED A BUILDING PERMIT AND RELOCATED THE FENCE ON HIS PROPERTY". MR. HUTCHINSON MOVED TO APPROVE THE MINUTES OF MAY 21, 1987, AS CORRECTED. MRS. RUSSELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE NEXT. MEETING. DATE WAS SET FOR JULY 23, 1987. PUBLIC HEARINGS ITEM 1. CASE NO. 87-8 121 CORPORATION WESLEY KRIBY LOTS 1 AND 5. BLOCK 21, AVON -BY -THE -SEA (350 MONROE AVENUE) - VIOLATION OF SECTION 639.33, LOCATION OF RECREATIONAL VEHICLES, CAMPING EQUIPMENT, BOATS AND BOAT TRAILERS: 639.36, LIVING OR RESIDING IN AUTO- MOTIVE VEHICLES: AND 639.37, PARKING AND STORAGE OF CERTAIN VEHICLES ATTORNEY THERIAC SWORE IN MRS. HUTCHERSON. SHE STATED THAT SHE HAD SPOKEN WITH MR. KIRBY AND HE HAD REQUESTED A POSTPONEMENT OF THIS CASE. MRS. HUTCHERSON ADVISED HIM THAT HE SHOULD CONTACT THE CITY CLERK'S OFFICE. CITY MANAGER, MR. NICHOLAS INFORMED THE NDE ENFORCEMENT BOARD REG[EAR MEETING JUNE 18, 1987 PAGE 1 OF 4 BOARD THAT MR. KIRBY HAD CONTACTED HIM AND REQUESTED A POSTPONE- MENT. MRS. RUSSELL ASKED FOR A HISTORY OF THE CASE. MRS. HUTCHERSON GAVE A BRIEFING DATING BACK TO A COMPLAINT FILED BY MR. ANDERSON IN 1981. DISCUSSION FOLLOWED. MR. STENGLEIN MOVED TO POSTPONE CASE NO. 87-8 UNTIL THE NEXT MEETING. HE RECOMMENDED THAT MR. KIRBY AND MR. ANDERSON BE IN ATTENDANCE AT THAT MEETING, JULY 23, 1987. MR. HUTCHINSON SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. CASE NO 87-9 WILLIAM P MCARA PARCEL 806, SECTION 15TOWNSHIP 24 SOUTH RANGE 37 EAST (2B0 CENTRAL BOULEVARD - VIOLATION OF SECTION 721.01, DELINQUENT LICENSES MRS. HUTCHERSON REPORTED THAT A NOTICE OF VIOLATION WAS SENT TO MR. MCARA ON MAY 19, 1987. SHE INFORMED THE BOARD THAT HE HAD NOT RENEWED HIS STATE BUILDING LICENSE NOR HIS COUNTY LICENSE. HIS CITY OCCUPATIONAL LICENSE WAS DUE TO BE RENEWED IN OCTOBER 1986. SHE ALSO STATED THAT THE FINANCE DEPARTMENT HAD SENT PRIOR NOTICES. MR. STENGLEIN ABSTAINED FROM VOTING DUE TO A CONFLICT OF INTEREST. DISCUSSION FOLLOWED. MR. MOELLER MOVED TO FIND WILLIAM P. MCARA IN VIOLATION OF SECTION 721.01, AND THAT, HE COME INTO COMPLIANCE BY OBTAINING HIS LICENSE BY JULY 1, 1987. MR. OKELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY WITH MR. STENGLEIN ABSTAINING. ITEM 3. CASE NO 87-10 L L CONLEY D.D.S., PARCEL A, LOMA LINDA SECTION 23 AANGE 37 EAST (7001 NORTH ATLANTIC AVENUE) - VIOLATION OF SECTION 721.01, DELINQUENT LICENSES MRS. HUTCHERSON STATED THAT A NOTICE OF VIOLATION WAS MAILED ON MAY 19, 1987. SHE INFORMED THE BOARD THAT DR. CONLEY DOES HAVE A COUNTY LICENSE. MR. MOELLER MOVED TO FIND L.L. CONLEY, D.D.S., IN VIOLATION OF SECTION 721.01 AND THAT HE COME INTO COMPLIANCE BY JULY 1, 1987. MRS. RUSSELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. CASE NO 87-11 LABONNE VIE APARTMENTS, DEAN E. BENFIELD LOT 9 BLOCK 9 AVON-BY-THE-SFA.SECTION 2 TOWNSHIP SOUTH RANGE 7 EAST (7-904 ORANGE AVENUE) VIOLATION OF SECTION 72 .0 DELINQUENT LICENSES OODE awopCtImm BOARD REGULAR MEETING JUNE 18, 1987 PAGE 2 OF 4 MRS. HUTCHERSON STATED THAT A NOTICE OF VIOLATION WAS MAILED ON MAY 19, 1987. SHE POINTED OUT THAT THE PROPERTY HAD CHANGED HANDS AND ASKED THAT THIS CASE BE WITHDRAWN UNTIL THE NEW OWNERS WERE NOTIFIED. MR. HUTCHIRSON MOVED TO POSTPONE THIS ITEM. MR. MOELLER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. CASE N0. 87-12, FERA DRY CLEANING PICK UP, VIRGINIA WIGGINS,LOTS 1-4, BLOCK 13, AVON -BY -THE -SEA, SECTION 23, RANGE 37 EAST (8020 NORTH ATLANTIC AVENUE) - VIOLATION OF SECTION 721.01, DELINQUENT LICENSES MRS. HUTCHERSON STATED THAT SHE HAD SPOKEN WITH MRS. WIGGINS, WHO INFORMED HER THAT SHE HAD BEEN ILL AND WOULD SEND A CHECK TO THE FINANCE DEPARTMENT TO RENEW HER LICENSE. MRS. RUSSELL MOVED TO FIND VIRGINIA WIGGINS IN VIOLATION OF SECTION 721.01 AND THAT SHE BE IN COMPLIANCE BY JULY 1, 1987. MR. HUTCHINSON SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. CASE NO. 87-13, DR. KAR KARE, KAREN L. SHORT, PARCEL 283 SECTION 23, RANGE 37 EAST (7001 NORTH ATLANTIC AVENUE) - VIOLATION OF SECTION 721.01, DELINQUENT LICENSES MRS. HUTCHERSON. STATED THAT SHE HAD BEEN TO THE HOME OF KAREN SHORT AND AT THIS TIME SHE WASN'T SURE WHETHER OR NOT MS. SHORT WAS CONDUCTING A BUSINESS OUT OF HER HOME. DISCUSSION FOLLOWED. MR. MOELLER MOVED TO FIND KAREN L. SHORT IN VIOLATION OF SECTION 721.01 AND THAT SHE BE IN COMPLIANCE BY JULY 1, 1987 OR NOTIFY THE BUILDING OFFICIAL OF A DISCONTINUANCE OF HER LICENSE. MRS. RUSSELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COMPLIANCE HEARINGS ITEM 1. CASE NO. 87-05, FRANK S. CARUSO, LOT 9 AND WEST 20 FEET OF LOT 10, BLOCK 8, AVON -BY -THE -SEA (202 JEFFERSON AVENUE) - VIOLATION OF SECTION 673.06, UNLAWFUL ACCUMULATION OF GARBAGE AND TRASH MRS. HUTCHERSON STATED THAT THE PROPERTY HAD VISIBLY IM- PROVED BUT THERE WAS ADDITIONAL DEBRIS THAT NEEDED BE TO REMOVED. MRS. HUTCHERSON ENTERED INTO EVIDENCE PHOTOGRAPHS OF THE SUBJECT PROPERTY. MRS. RUSSELL ASKED ABOUT COMMUNITY SERVICE TO HELP MR. CARUSO AS IT WAS NOTED THAT HE WAS NOT IN GOOD HEALTH. MR. HOOG STATED THAT HE WOULD GET SOMEONE FROM COMMUNITY SERVICE TO HELP MR. CARUSO. CODE ENFORaa- T DOARD REQBAR MEETING JUNE 18, 1987 PAGE 3 OF 4 MRS. RUSSELL MOVED TO FIND FRANK S. CARUSO IN VIOLATION OF SECTION 673.06, AND THAT HE BE IN COMPLIANCE BY JULY 1, 1987. MR. MOELLER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. CASE NO. 87-06, EMORY J. WEAVER AND MILTON SEIDMAN, LOT 22.02, BANANA RIVER ESTATES, SECTION 26, TOWNSHIP 24 SOUTH, RANGE 37 EAST (6701 NORTH_ ATLANTIC AVENUE) - VIOLATION OF SECTION 673.06, GARBAGE AND TRASH REMOVAL MRS. HUTCHERSON NOTED THAT MR. WEAVER AND MR. SEIDMAN HAD BEEN GIVEN A COMPLIANCE DATE OF MAY 28, 1987. HOWEVER, SHE WAS CALLED OUT OF TOWN ON AN EMERGENCY AND THE NOTICE WAS NOT MAILED. MRS. HUTCHERSON HAD INSPECTED THE PROPERTY THE DATE OF THE MEETING AND ENTERED PICTURES INTO EVIDENCE. MRS. HUTCHERSON REQUESTED THE BOARD ESTABLISH A NEW COMPLIANCE DATE. MR. MOELLER MOVED TO FIND EMORY J. WEAVER AND MILTON SEIDMAN IN VIOLATION OF SECTION 673.06, AND THAT THEY BE IN COMPLIANCE BY JULY 1, 1987. UPON COMPLIANCE, MR. WEAVER AND MR. SEIDMAN SHOULD NOTIFY THE BUILDING OFFICIAL, IN WRITING. MRS. RUSSELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION MR. NICHOLAS ASKED THE BOARD FOR THEIR OPINION ON HAVING A VCR CAMERA FOR EVIDENCE IN THE CODE ENFORCEMENT BOARD CASES. DISCUSSION FOLLOWED. MR. STENGLEIN NOTED THAT THIS ITEM SHOULD BE DISCUSSED FURTHER AT THE NEXT MEETING.. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:50 P.M. APPROVED THIS 23rd DAY OF July , 1987. CODE ENF0RCEMENf BOARD REGULAR MEETING JUNE 18, 1987 PAGE 4 OF 4 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS INA\II-1117.1L 1-1 NTI ,37,25A/6-/-6;4Cffi4 Er A\IL IIIWIAN14 l'IIUh[n.ltl\I\IIti11(I�. AUIIItINI1 Y. UN[ tl\I\IIII I, Nco�E C kc�mc.�s Boann .AU1N111 [l\1 11 1101 . A-11-1 LL UN lI1�N U11h U'11-11.U b73 ,I 111;IIA1111. w,m,l 1N11 NIUL A nlIILNlKALAIN1 t'(IUNII L^/fPE cANlIVFRlrL ,BR�vffRa NA411. 111 IYII III4A11UIIn11'111UN. �p/• CAA�AvERAL HAIL l,N N1111111111� 1 >[UNNLII NtY IYIY11111N 11: LI.Ltll1'I xAl'YIIINII\'L WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.7147, Florida Slat ores. The requirements oft his law are mandatory; ah hough the use or this particular form is not required by law, you arc encouraged to use it In making the disclosure required by law. Your responsibilities under the law when faced with a measure In which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the merse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which Inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conllicl: PRIOR TO THE VOTE BEING TAKEN by publicly storing to the assembly the nature or your interest In the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should Incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also Is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he Is retained. A person holding an appointive local office otherwise may panicipate in a matter in which he has a conflict of interest, but must disclose the nature of rhe conflict before making any attempt to Influence the decision by oral or written communication, whether made by the officer or at his direction. - IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agent'. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I F YOU MAkE NO ATTEMPT TO INFLUENCE T1117 DECISION EXCEPT BYDISCUSSION OR TOTE AT THE AtEETI NG: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file is within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, 6s/AeetES .S7ZA1611 fA1 . hereby disclose that on 19 (a) A measure came or will come before my agency which (chock one) inured to my special private gain; of Inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my Interest in the measure is as follows: CgS£ Ne. JP7–q 4--J/4414— P /210/1CIf vioG -r-,v or $ccj/oN 7,2/. u/ J7EL%NQuCNJ 4;0exes es ff✓oiD A ca✓FUaf s7r iNREJT� 1 AB1�i9iivcD /�Rc.L y/d ii N fr /)J A'f2 • /l7cA/29 i5 A �•RSeit/f7.1 %/f'i6`1�A . Date Filed I Signature ✓' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.711 (1985), A FAILURE TO t.WKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OFT. F THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR ESIPLOYMENT, UEts10TION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 55.000. IT InRwYN 1n re • CODE ENFORCEMENT BOARD REGULAR MEETING MAY 21, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON MAY 21, 1987 AT.. CITY HALL, 105 POLK AVENUE, CAPE. CANAVERAL, FLORIDA. CHAIRMAN CHARLES 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 DON ARABIAN GEORGE HUTCHINSON. RONNIE LOPEZ ROY MOELLER JAMES OKELL MEMBERS ABSENT: VINCENT JAMES ALTERNATE OTHERS PRESENT: JAMES THERIAC CITY ATTORNEY. LEO NICHOLAS CITY MANAGER JEFF ECKLEY CODE ENFORCEMENT OFFICER BOB HOOG MAYOR PRO TEM .JEFF KIDD .COUNCILMAN CHEYRL ROIG SECRETARY MRS. RUSSELL MOVED TO APPROVE THE MINUTES OF APRIL 23, 1987. MR. HUTCHINSON SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE NEXT REGULAR MEETING WAS SET FOR JUNE 18, 1987. MR. STENGLEIN READ THE STATEMENT OF PROCEDURES. PUBLIC HEARINGS ITEM 1. CASE NO 87-05 FRANK S. CARUSO, LOT 9 AND WEST 20 FEET OF LOT 10 BLOCK 8, AVON -BY -THE -SEA (202 JEFFERSON AVENUE) - VIOLATION OF SECTION 673.06,_ UNLAWFUL ACCUMULATION OF GARBAGE AND TRASH ATTORNEY THERIAC SWORE IN MR. JEFF ECKLEY AND MR. FRANK CARUSO. MR. ECKLEY STATED THAT ANOTICE OF PUBLIC NUISANCE WAS SENT TO MR. CARUSO ON APRIL 18, 1987, REQUESTING THE DEBRIS ON HIS PROPERTY BE REMOVED AND ENTERED INTO EVIDENCE PICTURES OF THE PROPERTY. MR. ECKLEY POINTED OUT. THAT MR.,CARUSO HAS CLEANED UP THE MAJORITY OF HIS PROPERTY. MR. CARUSO EXPLAINED THAT HE HAD BEEN ILL AND LIVING OUT OF THE CITY, BUT WAS IN THE PROCESS OF REMOVING THE DEBRIS FROM THE PROPERTY. HE FURTHER NOTED THAT. HE PLANNED TO USE THE BLOCKS AND CONSTRUCTION MATERIALS TO CONSTRUCT A SHED ON THE BACK OF HIS PROPERTY. DISCUSSION FOLLOWED ON THE STATUS OF THE REQUIRED BUILDING PERMIT FOR THIS STRUCTURE. MR. ECKLEY OFFERED TO LOOK INTO THE MATTER OF THE BUILDING PERMIT. MR. MOELLER MOVED TO FIND MR. CARUSO IN VIOLATION OF SECTION 673.06, AND THAT HE COME INTO COMPLIANCE BY JUNE 18, 1987. UPON COMPLIANCE,. MR. CARUSO SHOULD NOTIFY MR. ECKLEY, IN WRITING. MR. ECKLEY WILL THEN INSPECT THE PROPERTY AND NOTIFY THE BOARD. MRS. RUSSELL SECONDED MOTION. DISCUSSION FOLLOWED ON THE COMPLIANCE DATE. MR. MOELLER MOVED TO AMEND HIS MOTION TO PROVIDE FOR A COMPLIANCE DATE OF JUNE 11, 1987. MRS. RUSSELL SECONDED AMENDMENT. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION, AS AMENDED, WAS UNANIMOUS. ITEM 2. CASE NO. 87-06 EMORY J. WEAVER AND MILTON SEIDMAN LOT 22.02 BANANA RATES, SECTION 26, TOWNSHIP 24 RANGE RANGE 37 EAST (6701 NORTH ATLANTIC AVENUE) - VIOLATION OF SECTION 67 .06, GARBAGE AND TRASH REMOVAL MR. ECKLEY STATED THAT A NOTICE OF VIOLATION WAS SENT TO MR. EMORY WEAVER AND MR. MILTON SEID14AN ON APRIL 30, 1987 REQUESTING THE SCHOOL BUS AND DEBRIS BE REMOVED AND ENTERED INTO EVIDENCE PICTURES OF THE PROPERTY. HE ALSO NOTED THAT THERE WAS A TYPO ON THE AGENDA - THE CORRECT ADDRESS WAS "6501 NORTH ATLANTIC AVENUE". MR. ECKLEY POINTED OUT THAT THE PROPERTY OWNER, MR. WEAVER HAD MADE A GOOD FAITH EFFORT TO CLEAN THE AREA. THE TENANT, MR. MILTON SEIDMAN, INFORMED MR. ECKLEY THAT HE HAD A LICENSE FOR THE BUS AND HE REFUSED. TO REMOVE IT. MRS. RUSSELL MOVED TO FIND EMORY J. WEAVER AND MILTON SEID14AN IN VIOLATION OF ,SECTION 673.06, AND THAT, THEY COME INTO COMPLIANCE BY MAY 28, 1987. MR. LOPEZ SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. 0 0 ITEM 3. CASEN0. 87-07 SAMUEL BUDESA LOT 13 AND WEST 15 FEET OF LOT 14 BLOCK 8 AVON -BY -THE SEA 1214 JEFFERSON AVENUE) - VIOLATION OF SECTION 645.03. BUILDING PERMITS REQUIRED MR. ECKLEY REPORTED THAT SAMUEL BUDESA WAS NOW IN COMPLIANCE WITH SECTION 645.03. PE ball ED A BUILDIIJ& PERmIi nND ¢ELOLATED A FEW6E ON Hs.% Pcoreery. UNFINISHED BUSINESS ITEM 1. CASE NO 87-02 T S MILLIKEN LOT 2. BLOCK 21I AVON -BY -THE -SEA (307 MADISON AVENUE) OCCUPATIONAL LICENSE AND VIOLATION OF CODE ENFORCEMENT BOARD ORDER DATED DECEMBER 27, 198 ON CASE N0. CE -84-2 HONEY PROCESSING MR. MOELLER ABSTAINED FROM VOTING DUE TO A CONFLICT BECUASE OF HIS FRIENDSHIP WITH MR. MILLIKEN. MR. ECKLEY STATED THAT THE SHERIFF'S DEPARTMENT HAD BEEN IN CONTACT WITH HIS OFFICE CONCERNING TWO CHILDREN BEING SEVERELY STUNG ON EBERWEIN ROAD. MR. ECKLEY POINTED OUT THAT THERE WERE 15 WORKING HIVES ON MADISON AVENUE. DISCUSSION FOLLOWED. THE BOARD WILL REOPEN THIS CASE WHEN THERE IS FURTHER EVIDENCE THAT MR. MILLIKEN IS ENGAGED IN THE BUSINESS OF HONEY PROCESSING. THERE BEING NO FURTHER BUSINESS: THE MEETING WAS ADJOURNED AT 8:45 P.M. APPROVED THIS 18th DAY OF _ June , 1987. CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 23, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON APRIL 23, 1987 AT CITY HALL, 105 POLK AVENUE, CAPE. CANAVERAL, FLORIDA. CHAIRMAN CHARLES STENGLEIN CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: CHARLES STENGLEIN CHAIRMAN RONNIE LOPEZ ROY MOELLER JAMES OKELL MEMBERS ABSENT: MARY RUSSELL VICE CHAIRMAN' GEORGE HUTCHINSON DON ARABIAN VINCENT JAMES ALTERNATE OTHERS PRESENT:. JAMES S. THERIAC III CITY ATTORNEY LEO NICHOLAS CITY MANAGER EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER CHEYRL ROIG SECRETARY MR. MOELLER POINTED OUT THAT THE MINUTES OF THE SPECIAL MEETING OF MARCH 24, 1987 SHOULD REFLECT THAT MR. MOELLER MADE MOTION ON ITEM 1, CASE NO. 87-04. MR.. MOELLER MOVED TO APPROVE THE MINUTES OF MARCH 24, 1987, AS CORRECTED AND THE MINUTES OF MARCH 19, 1987- CHAIRMAN STENGLEIN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE NEXT MEETING DATE WAS SET FOR MAY 21, 1987. COMPLIANCE HEARINGS ITEM). CASE NO 86-57 JOSEPH J HARTNETTr LOT 4 BLOCK 23, AVON -BY -THE -SEA (515 MADISON AVENUE) - VIOLATION OF SECTION 645.07 OCCUPYING A SINGLEFAMILY RESIDENCE AS A DUPLEX WITHOUT CERTIFICATE OF OCCUPANCY MRS. HUTCHERSON STATED THAT SHE HAD INSPECTED THE PROPERTY AND THAT THERE WAS ONE FAMILY LIVING IN THIS RESIDENCE. MR. MOELLER MOVED TO FIND CASE NO. 86-57 IN COMPLIANCE WITH SECTION 645.07. MR. OKELL SECONDED MOTION.MOTION CARRIED UNANIMOUSLY. CODE ENPOI:'2•IMRU BOARD RDAIIAR MEETING APRIL 23, 1987 PAGE 1 OF 3 ITEM 2. CASE NO 87-4 KEVIN CLEW LOTS 1 AND 2, BLOCK 66, AV 2T (205 BUCHANAN AVENUE) - VIOLATION OF SECTION 673 GARBAGE AND TRASH REMOVAL MRS. HUTCHERSON REPORTED THAT MR. CLEW HAD BEEN GIVEN A COMPLIANCE DATE OF APRIL 1, 1987. FOLLOWING AN INSPECTION THAT DATE, MR. CLEW WAS ISSUED A NOTICE OF NON-COMPLIANCE. MR. CLEW CALLED FOR A REINSPECTION OF THE PROPERTY ON APRIL 10, 1987, AT WHICH TIME ALL DEBRIS HAD BEEN REMOVED AND A COMPLIANCE NOTICE WAS ISSUED. MR. OKELL MOVED TO FIND CASE NO. 87-4 IN COMPLIANCE WITH SECTION 673. MR. LOPEZ SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. UNFINISHED BUSINESS ITEM 1. CASE NO 86-54 OCEAN WOODS HOMEOWNERS ASSOCIATION,_ INC .75181 COURT - VIOLATION OF SECTION BUILDING PERMITS REQUIRED MRS. HUTCHERSON STATED THAT THERE HAD BEEN SOME MISUNDER- STANDING AS TO THE AMOUNT OF PAVEMENT WHICH HAD TO BE REMOVED. SHE EXPLAINED THAT FIVE FEET OF PAVEMENT HAD BEEN REMOVED) HOWEVER, AN ADDITIONAL FIVE FEET NEEDED TO BE REMOVED IN ORDER TO RESTORE THE BUFFER TO ITS ORIGINAL CONDITION. SINCE A NOTICE OF COMPLIANCE HAD BEEN ISSUED, SHE REQUESTED INPUT FROM THE BOARD AS TO HOW TO PROCEED. ATTORNEY. THERIAC. RECOMMENDED THAT SHE CONTACT THE HOMEOWNERS ASSOCIATION TO HAVE THE PAVEMENT REMOVED BEFORE TAKING ANY FORMAL ACTION. DISCUSSION MRS. HUTCHERSON ASKED CITY ATTORNEY THERIAC THE STATUS OF CAPE WINDS, WHICH WAS FOUND IN PARTIAL COMPLIANCE. ATTORNEY THERIAC STATED THAT HE WAS STILL RESEARCHING THIS MATTER. MRS. HUTCHERSON THEN INQUIRED ABOUT THE BEES ON MR. MILLIKEN'S PROPERTY. SHE STATED THAT SHE HAD MADE SEVERAL INSPECTIONS AND HAD NOT NOTED ANY BEE ACTIVITY ON THE PROPERTY. ATTORNEY THERIAC STATED 'SINCE THERE HAD BEEN NO COMPLAINTS, THIS ITEM SHOULD BE POSTPONED UNTIL THERE WAS ADDITIONAL EVIDENCE. OODE ENFORCEMENT BOARD REGULAR MEETING APRIL 23, 1987 PAGE 2 OF 3 THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 7:50 Y.M. APPROVED THIB 21st DAY OF MY r 1987 CHAIRMAN SE RE A tl CODE ENF0R32dNT BOAim REGJLAR MEETING APRIL 23, 1987 PAGE 3 OF 3 CODE ENFORCEMENT BOARD SPECIAL MEETING MARCH 24, 1987 A SPECIAL MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON MARCH 24, 1987 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN CHARLESSTENGLEIN CALLED THE MEETING TO ORDER AT 7130 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTt CHARLES STENGLEIN CHAIRMAN CHAIRMAN MARY RUSSELL VICE DON ARABIAN GEORGE HUTCHINSON ROY MOELLER JAMES OKELL RONNIE LOPEZ MEMBERS ABSENT: VINCENT JAMES ALTERNATE OTHERS PRESENT: KOHN BENNETT DEPUTY CITY ATTORNEY LEO NICHOLAS CITY MANAGER KATHY. PFIRMAN. SECRETARY CHARLES STENGLEIN READ THE STATEMENT OF PROCEDURES. PUBLIC HEARINGS NUE .ITEM 1. CLEW 205 VIOLAT%NBOFOSECT ONN673, GARBAGE UAND NTRASH AN EREMOVAL THE SECRETARY READ THE NOTICE OF VIOLATION. THE ATTORNEY SWORE IN MRS. HUTCHERSON, MR. CLEW AND MR. FEEMAN. MRS.HUTCHERSON STATED THAT SHE SENT A LETTER TO MR. CLEW ON MARCH 5, 1987 REQUESTING THAT THE OFFENSIVE DEBRIS ON HIS PROPERTY BE REMOVED. MRS. HUTCHINSON ENTERED INTO EVIDENCE PICTURES OF THE PROPERTY, ACOMPLAINT RECEIVED .FROM MR. FEEMAN AND THE NOTICE OF VIOLATION. MR. CLEW EXPLAINED THAT HIS TENANTS HAD CREATED THE PROBLEM AND THAT HE ATTEMPTED TO HAVE THEM CLEAN. THE PROPERTY. THE TENANTS DID NOT CLEAN THE PROPERTY ADEQUATELY ACCORDING TO MR. CLEW. MR. CLEW STATED THAT HE WAS EVICTING THE TENANTS AND THAT THE OFFENSIVE DEBRIS WOULD BE REMOVED BY MARCH 28, 1987. MR. HUTCHINSON MOVED TO FIND MR. CLEW IN VIOLATION OF SECTION 673 AND THAT HE COME INTO COMPLIANCE BY APRIL 1, 1987 BY CODE ENFUCEM Nf BOARD SPECIAL MEETING MARCH 24, 1987 PAGE 1 OF 2 REMOVING THE OFFENSIVE MATERIAL. UPON COMPLIANCE, MR. CLEW WILL NOTIFY MRS. HUTCHERSON IN WRITING. MRS. HUTCHERSON WILL THEN INSPECT THE PROPERTY. MRS. RUSSELL SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 8:05 P.M. APPROVED THIS 23rd DAY OF. April , 1987. CHAIRMAN SECRETARY NDE ENFORCEMENT BOARD SPECIAL MEE ING MARCH 24, 1987 PAGE 2 OF 2 s CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 19, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON MARCH 19, 1987 AT CITY HALL, 105 POLE AVENUE, CAPE CANAVERAL, FLORDIA. CHAIRMAN CHARLES STENGLEIN CALLED THE MEETING TO ORDER AT 700 P.M. THE SECRETARY CALLED THE ROLL.. MEMBERS PRESENTS CHARLES STENGLEIN CHAIRMAN MARY RUSSELL VICE CHAIRMAN JAMES OKELL GEORGE HUTCHINSON DON ARABIAN RONNIE LOPEZ ROY MOELLER MEMBERS ABSENT: VINCENT JAMES ALTERNATE OTHERS PRESENTS JAMES THERIAC CITY ATTORNEY LEO NICHOLAS CITY. MANAGER ENFORCEMENT OFFICER EVELYN HUTCHERSON CODE ARTIS GUNN BUILDING OFFICIAL. CHEYRL ROIG SECRETARY MR. STENGLEIN POINTED OUT. THERE WERE TWO SETS OF MINUTES, ONE DATED FEBRUARY 5, 1987 AND ONE DATED FEBRUARY 19, 1987. MR. HUTCHINSON POINTED OUT THAT THE MINUTES OF THE MEETING OF FEBRUARY 5, 1987, SHOULD REFLECT IT WAS A SPECIAL MEETING. MR. ARABIAN MOVED TO APPROVE THE MINUTES OF FEBRUARY 5, 1987, AS CORRECTED, AND THE MINUTES OF FEBRUARY 19, 1987. MR. HUTCHINSON SECONDED MOTION. 'MOTION CARRIED UNANIMOUSLY. A SPECIAL MEETING WAS SET FOR MARCH 24, 1987 TO ACT UPON A COMPLAINT REGARDING VIOLATION OF SECTION 673, GARBAGE AND TRASH REMOVAL - MR. KEVIN CLEW, 640, HARWOOD AVENUE, SATELLITE BEACH, FLORIDA 32957. THE NEXT REGULAR MEETING WAS SET FOR APRIL 23, 1987. MR. STENGLEIN READ THE STATEMENT OF PROCEDURES. ITEM 1.' CASE N0. 87-02 T.S. MILLIKEN 307 MADISON AVENUE - VIOLATION O.., 721 DOING BUSINESS WITHOUT AN OCCUPATIONAL LICENSE AND VIOLATION OF CODE ENFORCEMENT BOARD ORDER DATED DECEMBER 27 1984 ON CASE N0. CE- - HONEY PROCESSING. NDE E FXWC T4271 BOARD RSGUIAR MMARCH 19, EETING PAGE 1 OF 4 MR. MOELLER ABSTAINED FROM VOTING DUE TO A CONFLICT BECAUSE OF HIS FRIENDSHIP WITH MR. MILLIKEN. MRS. EVELYN HUTCHERSON WAS SWORN IN. MRS. HUTCHERSON TESTIFIED THAT SHE DID NOT HAVE ANY ADDITIONAL EVIDENCE IN THIS CASE BECAUSE MR. MILLIKEN WOULD NOT ALLOW HER ON HIS PROPERTY. SHE ALSO NOTED THAT SHE HAD NOT SEEN ANY BEE ACTIVITY. MR. WOODELL, PRESIDENT OF THE BOARD OF DIRECTORS OF CASA CANAVERAL, STATED THAT HE HAD SEEN BEES AROUND THEIR SPRINKLER SYSTEM. COUNCILMAN JEFF KIDD NOTED THAT MR. MILLIKEN, WHO SUPPLIES HONEY TO SUE BEE HONEY, DOES NOT LIVE AT THIS ADDRESS. ATTORNEY THERIAC ASKED THE BOARD FOR THEIR OPINION REGARDING OBTAINING A SEARCH WARRANT TO CHECK THE BUILDINGS LOCATED ON THE. BACK OF MR. MILLIKEN'S PROPERTY. MRS. RUSSELL EXPLAINED THAT SHOULD BE A DECISION OF MR. THERIAC AND THE BUILDING DEPARTMENT. MRS. RUSSELL MOVED TO POSTPONE THIS ITEM UNTIL MORE EVIDENCE IS OBTAINED. MR. STENGLEIN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY WITH MR. MOELLER ABSTAINING. COMPLIANCE HEARINGS ITEM 1. INCE N8751654 OCEAN ILEX COURT WOVIOLATION OFRSODS HOMED SECTIONIATION 637.03 OCCUPYING A SINGLE PAMILY RESIDENCE AS A DUPLEX. CHAIRMAN STENGLEIN AND MR. HUTCHINSON ABSTAINED FROM VOTING ON THIS ITEM DUE TO A CONFLICT, BECAUSE THEY ARE RESIDENTS OF OCEAN WOODS. VICE CHAIRMAN RUSSELL. ASSUMED, THE CHAIR. ATTORNEY THERIAC EXPLAINED THAT THERE WAS NO CONFLICT ON HIS PART AND HE WOULD SIT AS LEGAL COUNSEL ON THIS ITEM. MRS. HUTCHERSON STATED THAT SHE HAD INSPECTED THE PROPERTY AND FOUND THAT THE ASPHALT HAD BEEN REMOVEDi HOWEVER THE STABILIZATION MATERIAL NEEDED TO BE REMOVED AND THE AREA REPLANTED. RICHARD AND MARY VON GLATZEL, MANAGERS OF OCEAN WOODS, WERE SWORN IN. THEY STATED THAT THEY WERE WAITING FOR SHRUBBERY BEFORE REMOVING STABILIZATION. CODE ENFCACEMENT BOARD romam MEETING K'Rm 19, 1907 PAGE 2 OF 4 MR. ORELL MOVED TO FIND OCEAN WOODS IN COMPLIANCE CONTINGENT UPON THE ITEMS BEING COMPLETED BY MARCH 26, 1987, AND MRS. HUTCHERSON BEING NOTIFIED OF COMPLETION. MR. ARABIAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY WITH MR. STENGLEIN AND MR. HUTCHINSON ABSTAINING. ITEM 2. CASE N0. 86-55 OCEAN WOODS HOMEOWNERS ASSOCIATION INC. 875 ILEX COURT - VIOLATION OF SECTION 637.03 OCCUPYING A SINGLE FAMILY RESIDENCE AS A DUPLEX CHAIRMAN STENGLEIN AND MR. HUTCHINSON ABSTAINED FROM VOTING ON THIS ITEM DUE TO A CONFLICT BECAUSE THEY ARE RESIDENTS OF OCEAN WOODS. MR. THERIAC STATED THAT THERE WAS NO CONFLICT ON HIS PART AND HE WOULD SIT AS LEGAL COUNSEL ON THIS ITEM. MRS. HUTCHERSON STATED THAT BUILDING INSPECTOR, JEFFREY ECXLEY HAD INSPECTED THE HOUSE ON MARCH 17, 1987, AND IT WAS NOW SERVICED BY ONE ELECTRICAL METER AND A DOOR HAD BEEN INSTALLED BETWEEN THE TWO UNITS. MR. ARABIAN MOVED TO FIND OCEAN WOODS HOMEOWNERS IN COMPLIANCE WITH SECTION 637.03. MR. MOELLER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY WITH MR. STENGLEIN AND MR. HUTCHINSON ABSTAINING. ITEM. 3 CAFE NO. 87-03 CAPE WINDS JOINT VENTURE ARTHUR W. WIGCHERS JACK MOLINE AND JAMES SPEIGNER 7400 RIDGEWOOD AVENUE - VIOLATION OF SECTION 721 DOING BUSINESS WIHOUT AN OCCUPATIONAL LICENSE SECTION 645.11, USE REFLECTED ON CERTIFICATE OF OCCUPANCY SECTION 632.Ul# DEFINITION OF DWELLING UNIT_ SECTION 637.31 PERMITTED USE OF STRUCTURE IN R-3 ZONE. CHAIRMAN STENGLEIN RESUMED THE CHAIR. MRS. HUTCHERSON STATED THAT CAPE WINDS HAD STOPPED RENTING FOR LESS THAN ONE WEER AT A TIME. THE CITY ATTORNEY ADVISED. THAT HE .WAS RESEARCHING SECTION 645.11, TO DETERMINE THE REQUIREMENTS FOR MAINTAINING AN OFFICE ON THE PREMISES. MR. HUTCHINSON MOVED TO FIND CASE NO. 87-03, IN COMPLIANCE WITH SECTION 645.11, USE REFLECTED ON CERTIFICATE OF OCCUPANCY, AND SECTION 637.31, PERMITTED USE OF STRUCTURE IN R-3 ZONE. MRS. RUSSELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NDE ENFORCEMENT BOARD REGULAR MEETING MARCR 19, 1987 PAGE 3 OF 4 THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8.15 P.M. APPROVED THIS 23rd DAY OF April , 1987. HAIRMAN SECRET RY com 13g'OFP7-lENP BOARD REGULAR MEETING MARCH 19, 1987 PAGE 4 OF 4 FORM 8B MEMORANDUM OF VOTIN®CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I Afl M1AwI —I INXI M1A\IL—\IIUUII M1A\IL 11. UL UUANI� I Uli 'l1. lU\I\III\IUM1, Alillllll(II1, IN: II\I\III111. )7 I e l �h ��� aLEms, 1111. In NXIL U(IIi M1I II. III\IXII\\IUV, AU Illi NII I. FIX IUXI\III"I 1.1: lIM1 \IAlll , I111NLA] 11111111 It till. I\ A IIXal 111: /i /� C� Y `—'• Illi' T<'11UNI1 11111LN LLH AL AULM1 1111,1 -� 111UY11 NAXII: 1111IYII IIII AI UIIII 111UY: uvlL Illi 11 it"It \(IIL 1 L'UNXLIr ^ 11 11 ip, XII IYI11111IN 11. LI LL"II 1: �'AI'IYIII.I II'L 7A WHO MUST FILE FORM SS This form is for use by any person serving at the county, city, or other local [met of government on an appointed or elected board, council, commission, authority, or commillee It applies equally to members of advisory and non -advisory bodies who arc presented with a Toting conflict of interest under Section 112.7147, Florida Statutes, The requirements of this law are mandatory; all hough the use of this particular form is not required by law, you arc encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether lou hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which Inures to the special gain of a principal (.her than a government agency) by whom he Fs retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to she assembly the nature of your Interest In the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for wording the minutes of the meeting, who should Incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office hIUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which Inures to the special gain of a principal (other than a government agency) by whom he Is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his diwilon. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL RETAKEN: • You should complete and file this form (before making any attempt to Influence the decision) with the person responsible for wording the minutes of the meeting, who will Incorporate the form In the minutes. • A copy of the form should be provided Immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT UY DISCUSSION OR VOTE AT THE MELTING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 Jays after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST �� q p I, �Te4Y'�c L' Nsn�f h /RS.Mheteby disclose that on I' 1 �hU+� i 1 1911: Ir7 : (a) A measure came or will come before my agency which (check one) inured to my special private gain; or Inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: .I.(0 Case /Uo. 8G-S��Oceav l oo �6moo' Crs' �rh,69S/ 7larCt, UIo-O-e�=emet'j Svc. (o'JS•03) l r� Prwt I f5 (z�CaseNo, �Y6-5'S GCedp (00 A rs"J'"'ana gU(.K fit. V/fJ� �vI g� �c.637.63� cc • eSi�Qe �vl i>cea� T. z ab�(-�tinP� bpi aL4s r r � lJ tsTr� u-�-pve �1�•-�, glle�e� v/a�k�f �i� CIA Ire^ t1 5�t aS c2�m9u�b eh o /I . Oce,,. eY S� �ss�rhs �ViS�v7 �%jaty Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985), A FAILURE TO MADE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY HE PUNISHED BY ONE OR MORE OFTHE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. s'r InP\I 111 � 111 FA I'Ali! FORM 86 MENFRANDUM OF VOTIN CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCA PUBLIC OFFICERS IN11 N,\II:-111N011. NAfIL N//A11L ill' III IANO, LOONI'll.. QI,t,115,1uN, AUIIIUNII,'. lIN Cuw.1111I I 1 A11 NAW _I �, ` �'! S /CIL'L•-�C/IU i7�tl: IIIL IIILINI4L n/t'll/LU11111111 n. AU III�NI 11. Oil LU1111111 LL 01 11AII I'le An11Nt.11 N'llll'11111 N\'1: 11 A IINII llf: `le'vA "CK4Z (nUN11 :. 0111LN LOCAL AULNI'1' ,III c of z C./? -N 9✓L/;rFl IUUNII' NAMI:111 IYll.Iill'AI. IUIIUI1111UN: r ✓4+ems 0-• '/hif t I LUN 111111'11 \ II IL IN' L'UNNL II NIVITAI11UN IY: Ll Llll\'1: L/AI'IYIINIIve WHO MUST FILE FORM BB This form is for use by any person serving at the county, city, or other local level or government on an appointed or elected board, council, commission, authority, or commie e, It applies equally to members c radvisory and non•advirory bodies who arc presented with a voting conflict of interest under Section 112.7143, Florida Statutes. Tile requirements or this law arc mandatory; although the use or this particular form is not required by law, you arc encouraged to use it In making the disclosure required by law. Your responsibilities under the law when faced with a measure In which you have a conflict or Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and riling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly elle nature of your Interest in the measure on which you arc abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should Incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures tothe special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate In a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form In the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly m the meeting prior to consideration of the matter in which you Itgye a conflict of in"er"t". IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT RY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1, 0WA•:1-CJ ,S';1�94 A/ , hcrebydisclosetlmton _ /JSi/0C ti ,19.x: (a) A measure came or will come before my agency which (check one) inured to my special private gain; or Inured to the special gain of (b) The measure before my agency and rhe nature of my interest in the measure Is as follows: by whom 1 am retained. 9S 2'rj p�UJJE2 /✓ (/u fi/✓ N�001%S/ L 19 133 191;V40 )7X`d1V\ dv '11A161 /N c'^N,' IVo e6l Cf)S'E No, d'l-�f ��i /n/lioi:v�NG- Oc�AA% rvduJS �fo.��w`c�wc12S %fffc.ZENc. BrC/i✓JE dr' CowlFl/ci Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 4112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. TzErffirnerm, FORM 8B MErWRANDUM OF VOTIN® CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ­1 N1\IL-1INNI NAwt-\1111111! NA\IL NANIL 111ROANI41'OI LIL. LOw111N11ON. All IIIONI IV. OREO%I%IIT 11.1: Moeller Richard Roy Cad= 'a c r NIAII INO AIIIINI.nN ill!. I111ANIL <IIIINI ll.lO\INIINNIIIN, AOIIIONII \, IIN 111NIN1111LL LIN P. o. Box 1469 w'lllt'll I NI Nv'L 11 A IINI 1111: x,cur alums ., OrTn:N uxaLu 111 a v courvrr Nnsu: or lolnlcnl \(JnunlsulN. Cape Canaveral Brevard Cape Canaveral O\IL ON vN 111('11 v1111 INIUNNI:U mr Iosl uuN Is: Mar 19 198 I:I.LL-111'1. X AI'IYIINIIIL WHO MUST FILE FORM 88 This form is for use by any person serving a1 the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or eommium II applies equally to members of advisory and non -advisory bodies who arc presented with a voting conflict of tntemst under Section 112.3143, Florida Statutes. The requirements of this law arc mandatory; although the use or this particular form Is not required by law, you are encouraged to use It in making the disclosure required by lax'. )'our responsibilities under the law when raced with a measure In which you have a conflict or interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which Inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict. - PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature or your interest in the measure on which you are abstaining from coling; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for mording the minutes of the meeting, who should incorporate the form In the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict or interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before snaking any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of she agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 11 I bN\I +11 In Nn I'AOl l IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should completethe form and file it within 15 days after the rote occurs with the person responsible for recording the minutes of the meeting, who should Incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1. R Roy Moeller , hereby disclose that on Mar 19 , 199_: (a) A measure conic or will come before my agency which (check one) x Inured to my special private gain; or _ Inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my Interest In the measure Is as follows: The respondent, Trent S. Milliken,: is and has been a friend for over 30 years. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 5112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION 17ROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 19, 1987 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON FEBRUARY 19, 1987 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN CHARLES STENGLEIN CALLED THE MEETING TO ORDER AT 7:30 P.M. ,THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTt CHARLES STENGLEIN CHAIRMAN MARY RUSSELL VICE CHAIRMAN DONALD ARABIAN GEORGE HUTCHINSON JAMES OKELL RONNIE LOPEZ MEMBERS. ABSENTt ROY MOELLER VINCENT JAMES. ALTERNATE OTHERS PRESENT: JAMES THERIAC CITY ATTORNEY EVELYN HUTCHERSON ,CODE ENFORCEMENT OFFICER JEFFREY, ECKLEY BUILDING INSPECTOR KATHY PFIRMAN .SECRETARY THE NEXT MEETING DATE WAS SET FOR MARCH 19, 1987. CHAIRMAN STENGLEIN READ THE STATEMENT OF PROCEDURES. PUBLIC HEARINGS ITEM 1. CASE NO. 87-02, T.S. MILLIKEN, 307 MADISON AVENUE - VIOLATION OF CHAPTER 721, DOING BUSINESS WITHOUT AN OCCUPATIONAL LICENSE AND VIOLATION OF CODE ENFORCEMENT BOARD ORDER, DATED DECEMBER 27. 1984. ON CASE NO. CE -84-2, HONEY PROCESSING. MRS. HUTCHERSON PRESENTED PICTURES OF THE PROPERTY AT 607 MADISON AVENUE SHOWING EMPTY BEE HIVES. SHE STATED SHE HAD NO AUTHORIZATION TO. INVESTIGATE A STRUCTURE AT THE BACK OF MR. MILLIKEN'S PROPERTY WHERE IT IS POSSIBLE THAT THE BEES ARE HOUSED. SHE ALSO TESTIFIED THAT SHE COULD DETECT NO BEE ACTIVITY. MR. WOODELL, PRESIDENT OF THE BOARD OF DIRECTORS OF CASA CANAVERAL, STATED THAT THE BEES CREATE A NUISANCE AT THE CONDOMINIUM. HE SAID THAT SEVERAL RESIDENTS AND GUESTS HAD BEEN STUNG. CODE ENFORCEMENT BOARD RECIRAR MEETING FEBRUARY 19, 1987 PAGE 1 OF 2 IN THE ABSENCE OF ANY EVIDENCE THAT MR. MILLIKEN IS ENGAGING IN HONEY PROCESSING, MR. HUTCHINSON MOVED TO POSTPONE THIS ITEM UNTIL MARCH 19, 1987. MR. ARABIAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. CASE NO. 87-03 CAPE WINDS JOINT VENTURE ARTHUR W. WIGCHERS JACK MOLINE AND JAMES SPEIGNER 7400 RIDGEWOOD AVENUE — VIOLATION OF SECTION 721 DOING BUSINESS WITHOUT AN OCCUPATIONAL LICENSE) SECTION 645.11 UBE REFLECTED ON CERTIFICATE OP OCCUPANCYS SECTION 632 01DEFINATION OF DWELLING UNIT SECTION 637.31 PERMITTED USE OF STRUCTURE iN R-3 ZONE. MR. THERIAC SWORE IN ALL INTERESTED PARTIES. MRS. HUTCHERSON STATED THAT SHE HAD BEEN ABLE TO RESERVE A ROOM FOR THREE NIGHTS AND ENTERED INTO EVIDENCE HER VISA RECEIPT. RENTAL FOR LESS THAN SEVEN DAYS VIOLATES THE CITY ORDINANCE. MRS. HUTCHERSON ALSO PRESENTED COPIES OF THE YELLOW PAGES WHICH LISTED CAPE WINDS AS A HOTEL, AND DID NOT MENTION ASEVEN—DAY MINIMUM RENTAL. MR. MOSELY REPRESENTED CAPE WINDS IN THIS MATTER. HE STATED THAT THE SIGN ADVERTISING DAILY RENTALS HAD BEEN REMOVED AND THAT NO RENTALS FOR LESS THAN SEVEN DAYS WOULD BE ALLOWED. FOLLOWING DISCUSSION, MRS. RUSSELL MOVED TO FIND CAPE WINDS IN VIOLATION. OF SECTIONS 637.31 AND 632.01 AND THAT EFFECTIVE IMMEDIATELY CAPE WINDS SHOULD CEASE RENTING FOR ANY PERIOD LESS THAN SEVEN DAYS. MR. LOPEZ SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COMPLIANCE HEARING ITEM 1. CABS NO. 87-1 JERRY SALES BEACH PAWN SHOP 6952 NORTH ATLANTIC AVENUE — VIOLATION OF CHAPTER 639 O1 OFF STREET PARKING REQUIREMENTS MRS. HUTCHERSON REPORTED THAT BEACH PAWN SHOP WAS NOW IN COMPLIANCE. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:45 P.M. CHA�� SECRET dY CODE ENFORCEMENT BOARD REGULAR MEETING FEBrdym 19, 1987 PAGE 2 OF 2 CODE ENFORCEMENT BOARD gree --- FEBRUARY --FEBRUARY 5, 1987 SPCGIAI A RE646AR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON FEBRUARY 5, 1987 AT CITY HALL, 105 POLE AVENUE, CAPE CANAVERAL, FLORIDA. VICE CHAIRMAN MARY RUSSELL, CALLED THE MEETING TO ORDER AT 7130 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: MARY RUSSELL VICE CHAIRMAN DONALD ARABIAN GEORGE HUTCHINSON ROY MOELLER RONNIE LOPEZ JAMES OKELL VINCENT JAMES ALTERNATE MEMBER ABSENT: CHARLES STENGLEIN CHAIRMAN OTHERS PRESENT:. - JAMES THERIAC CITY ATTORNEY DAN STEPHENS DEPUTY CITY ATTORNEY JEFFREY ECELEY 'BUILDING INSPECTOR EVELYN HUTCHERSON CODE ENFORCEMENT OFFICER KATHY PFIRMAN SECRETARY MR. HUTCHINSON POINTED OUT THAT TWO CORRECTIONS WERE NEEDED IN THE MINUTES OF THE MEETING OF DECEMBER 11, 1986. ON PAGE 1, IT SHOULD READ THAT CHAIRMAN STENGLEIN READ THE STATEMENT OF PROCEDURES. ON PAGE THREE, THE MINUTES SHOULD REFLECT THAT MR. HUTCHINSON WAS OPPOSED TO THE MOTION THAT CAMELOT INN AND CAPE KENNEDY LEASING CORPORATION BE FOUND IN COMPLIANCE. MR. MOELLER MOVED TO APPROVE THE MINUTES OF DECEMBER 11, 1986, AS CORRECTED. MR. HUTCHINSON SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE NEXT MEETING DATE WAS SET FOR FEBRUARY 19, 1987. MRS. RUSSELL READ THE STATEMENT OF PROCEDURES. PUBLIC HEARINGS ITEM 1. CASE NO 86-54 OCEAN WOODS HOMEOWNERS ASSOCIATION,_ INC. 8751 ILEX COURT - VIOLATION OF SECTION "5.03, 03 BUILDING PERMITS REQUIRED. MR. HUTCHINSON STATED A VOTING CONFLICT BECAUSE HE IS A RESIDENT OF OCEAN WOODS. CITY ATTORNEY, JIM THERIAC, STATED THAT HE WOULD NOT ACT AS ATTORNEY ON THIS CASE BECAUSE OF A CONFLICT OF INTEREST. MR. DAN STEPHENS SAT AS COUNCIL ON THIS ITEM. MRS. EVELYN HUTCHERSON, MR. ROWE WARREN AND DR. PINDZIAK WERE SWORN IN. CODE m*X)RCUMU BOARD FEBRUARY 5, 1987 PAGE 1 OF 3 0 ep MRS. EVELYN HUTCHERSON, CODE ENFORCEMENT OFFICER. EXPLAINED THAT OCEAN WOODS HOMEOWNERS ASSOCIATION, INC. HAD INSTALLED TWO PARKING SPACES AT THE END OF BAY COURT WITHOUT OBTAINING A BUILDING PERMIT. SHE ENTERED A PHOTOGRAPH OF THE TWO PARKING SPACES INTO EVIDENCE. MR. ROWE WARREN OF OCEAN WOODS ASKED THAT HE BE ALLOWED TO TAKE THIS CASE BACK TO THE BOARD OF ADJUSTMENT BECAUSE HE HAD NEW INFORMATION TO PRESENT. HIS REQUEST WAS DENIED. HE ENTERED INTO EVIDENCE AN AFFIDAVIT FROM BILLY TURNER, FORMER EMPLOYEE OF OCEAN WOODS, WHICH STATED THAT BILLY TURNERHAU A VERBAL APPROVAL FOR THESE PARKING SPACES FROM THE BUILDING OFFICIAL. DR. PINDZIAK, AN ADJACENT PROPERTY OWNER, EXPLAINED THAT HE HAD REGISTERED A FORMAL COMPLAINT WITH THE CITY ABOUT THESE PARKING SPACES ALMOST ONE YEAR AGO. HE STATED THAT BILLY TURNER TOLD HIM REPEATEDLY THAT HE WOULD RECTIFY THE SITUATION BUT NOTHING WAS EVER DONE. MR. ARABIAN MOVED TO FIND OCEAN WOODS HOMEOWNERS ASSOC- IATION, INC. SSOC-IATION,INC. IN VIOLATION OF SECTION 645.03 IN THAT NO BUILDING PERMIT WAS ISSUED AND THAT THEY BE IN COMPLIANCE BY MARCH 6, 1987. MR. OKELL SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. CASE N0. 86-55 OCEAN WOODS HOMEOWNERS ASSOCIATION INC. 8751 ILEX COURT - VIOLATION OF SECTION 637.03 OCCUPYING A SINGLE FAMILY RESIDENCE AS A DUPLEX MRS. HUTCHERSON TESTIFIED THAT THE BUILDING OFFICIAL WAS NOTIFIED ON MAY 21, 1986 THAT A SINGLE FAMILY RESIDENCE HAD BEEN CONVERTED INTO A DUPLEX. THE BOARD OF ADJUSTMENT SUBSEQUENTLY DENIED A VARIANCE REQUEST. MR. WARREN OF OCEAN WOODS TESTIFIED THAT SINCE ONE UNIT HAD BEEN DELETED ON LIVE OAK COURT, THIS CONVERSION SHOULD BE ALLOWED. MR. ARABIAN MOVED TO FIND OCEAN WOODS HOMEOWNERS ASSOCIATION, INC. IN VIOLATION OF.. SECTION 637.03 IN THAT NO BUILDING PERMIT HAD BEEN ISSUED AND THAT THEY BE IN COMPLIANCE BY MARCH 6, 1986. MR. MOELLER SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CODE FNPOACE<'2'I' T BOARD FEBRUARY 5, 1907 PAGE 2 OF 3 ITEM 3. CASEIO 87-1 JERRY SALES BEACOPAWN SHOP, 6952_ NORTH ATLANTIC AVENUE - VIOLATION OF CHAPTER 639.01 OFF STREET PARKING MRS. HUTCHERSON STATED SHE DELIVERED A NOTICE OF VIOLATION ON JANUARY 20, 1987. MRS. HUTCHERSON ENTERED INTO EVIDENCE A PHOTOGRAPH SHOWING VEHICLES FOR SALE IN FRONT OF THE PAWN SHOP. MR. OKELL MOVED TO FIND BEACH PAWN SHOP IN VIOLATION OF SECTION 639.01 AND THAT THEY BE IN COMPLIANCE BY MARCH 6, 1987. MR. HUTCHINSON SECONDED MOTION. DISCUSSION FOLLOWED. MR. OKELL MOVED TO AMEND HIS MOTION TO PROVIDE FOR A COMPLIANCE DATE OF FEBRUARY 12, 1987. MR. HUTCHINSON SECONDED THE AMENDMENT. THE MAIN MOTION AND THE AMENDMENT BOTH CARRIED UNANIMOUSLY. COMPLIANCE HEARING ITEM 1. CASE NO 85-4 MARY LOU DORSEY D.B.A. MARY AND DEE' BOOK STORE 8110 NORTH ATLANTIC AVENUE - VIOLATION OF SECTION 721 DOING BUSINESS WITHOUT AN OCCUPATIONAL LICENSE. MRS. HUTCHERSON REPORTED THAT MARY AND DEE'S BOOK STORE WAS NOW IN COMPLIANCE. NEW BUSINESS ITEM 1. MOTION REt APPROVAL OF REVISED NOTICE OF ORDINANCE CODE VIOLATION. MRS. HUTCHERSON EXPLAINED THAT THE VERBAGE REGARDING THE VIOLATOR BEING SUBJECT TO A FINE OF UP TO $250.00 PER DAY HAD BEEN DELETED. THE REVISED NOTICE SIMPLY STATES THAT THE BOARD MAY IMPOSE A FINE. MRS. RUSSELL ASKED THAT THE WORD "MAY" BE UNDERLINED. MR. MOELLER MOVED TO APPROVE THE REVISED NOTICE AS AMENDED. MR. LOPEZ SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. A COPY OF THE REVISED NOTICE IS ATTACHED TO THESE MINUTES AND MADE 'A PART HEREOF BY REFERENCE. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:00 P.M. q APPROVED THIS �y DAY OF 1987. CHA- IRMAN'�-4`�- SECRETARY CODE ENFORCEMENT BOARD FE8lWM 5, 1987 PAGE 3 OF 3 . FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I A]I NA]IL-I Ix]i NA\IL-\11nU1I. NA\II. NAIL 111 IIINx1A (IIIM(II. ((1\1.\11]]x1]. AUIIII WI IY, lIN ()1\1\111 III. ],AIII All-ill IIII: II(M l - 1 ll C(I I tl ]I f. AUIII II X w\II y1,:L UN _ Mlacl I 11141 n A 1111 W. (-Duanunux uxwL aanvY tin l'(lUNl l'NALI1:(11.1111111'AI.]U11111\ 1]1(1N: �'Ll�� �;,�na`•;�r^.� ��—N�ae'�� [,ly 17111r� nAIt. TIN M111('11\(IIL(x:t'UNNLII MY IYI]Iil(IN I]'. 1.1 Llllv'I' AI'Y(IIN111'L L/ Fb- � 1 �)t�'7 WHO MUST FILE FORM BB This form is for use by any person serving at the county, city, or other local Incl of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who ate presented with a voting conflict of Interest under Section 112.3143, Florida Statutes. The requirements of this law arc mandatory; although the use of this particular form Is not required by law, you arc encouraged to use it in making the disclosure required by law. lour responsibilities under the law when faced with a measure in which you hme a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also Is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either casci you should disclose she conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly lite nature of your interest in the measure on which you are abstaining from voting; and WITHIN 13 DAYS AFTER THE VOTE OCCURS by comPleting and filing this form with the person responsible for recording the minutes of lite meeting, who should incorporate she form In 1110 minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, ar other local public office MUST ABSTAIN from voting on a measure which inurcs to his special private gain. Each local officer also Is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he Is retained. A person holding an appointive local office otherwise may participate in a molter In which he has a conflict of interest, but must disclose she nature of the conflict before making any altelnpt to influence she decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt 10 Influence she decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in she minutes. • A copy of the form should be provided Immediately to the other members of the agency. • The form should be read publicly at the meeting prior 10 consideration of the matter in which ,ou have a convict of interest. n n,vu m m.n IF YOU MAKE NO ATTEMPT TO INFLUENCE TIIC DECISION EXCEPT UY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and filch within 15 days after the vole occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form In the minutes. 1 DISCLOSURE OF STATE OFFICER'S INTEREST I,—, s'ol"9r. (-.�-1•-s�cptrl}uYl_, hereby disclose that on ✓( ���rN dry ,19f%7 (a) A measure came or rill come before my agency which (check one) ✓nured to my special private gain; or Inured to the special gain of , by whom I ant retained. (b) The measure before my agency and the nature of my Interest In the measure is as follows: Z - CLASC..IVO. 66-S9 CCeAYI W,,JS Ouveir-u`cp—. 1�e i 645,03 ,�Btlitc�tul$ �ertmt� Y T>vvl Urpsi�etl� of �CeO,v. oY( 01- Srezalt^�Q.re C, "b "d oe l ail ��r � ace ' 'j uwc� (`i ckrvlI,, en1 �� stt �s enn`�ew.�oNr 0`�- -kAAl'-C)Ce�v� Woo�.S \a�nne u,�i�fs 1`1 SSuc.(4,1,-�fS ) Io'VvTu✓� 8 a A4 m �� --- Cose 6 -SS C'Ce'f(e CoKb-�-: Vtof-i+-Tr ons o- ,� Se�.-(za�l G3.'•o3C5c�-"tQY_1�"f., Y-oStc(7f''^CO�- GS � SAAN a� �b0✓�' Date Filed Signature ' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 4112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S3,0D0. o � NOTICE CORR CTIVE ACTION REQUIRED TION TIME FOR COMPLIANCE NOTICE OF HEARING T0: Our records Indicate that you are the owner/tenant of the following described properly[ of You are In violation of Chapter the Cape Canaveral Code or Ordinances. This violation can be corrected by performing the following' 1f corrective action Is coon 1p eted by 1987, no further action will be taken.if the corrective action Is not completed by 1987, then this case will be heard by the Code Enforcement Board or the City of Cape Canaveral on , 1987, at 7'30 p.m., or as soon thereafter as possible, at Cape Canaveral City Hall, 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to comply with an Order of the Board may result In the Imposition of a fine and the filing of a lien against your property. You may have an attorney, at your expense, represent you before the Code Enforce- ment Board. It you would like clarification of this notice, contact the City of Cape Canaveral, Building Department, City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida 32920, telephone (305)783-1391. EVELYN B.HUTCHERSON • CODE ENFORCEMENT OFFICER ARTIS A. GUNN' BUILDING OFFICIAL TIME. DATE' ATIAC iMI U 700 CODE 1D]FOIa•7M BOW RE=AR HEEP1NCi FEBIWay 5, 1987