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HomeMy WebLinkAboutCEB 1989 Minutes CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 19 1989 A regular -eetina of the Code Enforcement Board of the City of Cape Canaveral Florida was held on January 19 1989 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 Donald Arabian James Okell Roy Moeller George Hutchinson Jean Porter-Gabler First Alternate Heler Kirchofer Second alternate Others Present James Theriac City Attorney Joy Salarrone Mayor Bob Hooa Mayor Pro Tem Leo Nicholas City Manager Evelyn Hutcherson Code Enforcement Officer Patti Bell Secretary Mr Moeller moved to approve the minutes of the November 14 1988 meeting Chairman Stenglein approved the minutes as written It was noted that the next -eetinq would be held on February 23 1989 The City Attorney swore in Mrs Hutcrerson Mr Edward Tobin Mrs Olga Tobin and Mr Milton Seidman COMPLIANCE HEARING 1 Case_ '"to 88-25 Southern_ Lakes Inc Parcel A-8 , Tuters Subdivision, and-Parcels 255_ and_5_00_ Section 14, Township 24 _South, Range 37 East (East side of _North Atlantic _between Ocean Woods and_ Harbor _ Heights and Northwest corner of Harbor_and Coral _ Driges ) - Violation of Section 673 11 Owner to Maintain_ _Premises_ Free �of Litters_ And Section 703 03 Public Nuisances Prohibited Evelyn Hutcherson testified that she had hand delivered tre order imposing penalty to Ms Deevers a Southern Lakes representative A contract was signed with Titusville Mowing and the work has been completed Mrs Hutcherson suggested that the fine be waived and that Southern Lakes be found in compliance of the Board s Order Discussion followed concerning the palmettos and underbrush remainina on the property Mrs Hutcherson noted that an agree-nent had been reached between Southern Lakes and the City for the palmetto clumps to remain Code Enforcement Board Regular Meeting January 19 1989 Page 1 of 4 Pages Mr O Kell moved that the fine be waived and Case No 88-25 be found in compliance Mr Arabian seconded the motion Vote on the motion was as follows In favor Mr Arabian Ms Benson Mr Moeller Mr 0 Kell Ms Russell and Mr Stenglein Opposed Mr Hutchinsor Motion carried PUBLIC HEARINGS 1 Case N_o_ 88-26 N Pat HarrisL Lots_ 7 and 8 Block 70 Avon- By-The-S_ea (227 -Lincoln Avenue) - Violation —of -Section 202 of the Standard_ Housing _Code _as _ adoQted by the Cabe 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 �— — � -- - -- -- - - — -- Mrs Hutcherson testified that all violations had been corrected with the exception of removal of the stack of concrete blocks which Ms Harris plans to use on the carport Mrs Hutcherson recommended that Ms Harris be found in compliance She noted that if the blocks were not used or removed within six months another violation notice would be issued Ms Russell moved to find Case No 88-26 in compliance Mr Arabian seconded the motion Motion carried unanimously 2 Case No 89-01 Edward J and Olga L Tobin_ Lots 1 and 2 , Block 9 , A_v_on_-B17Th_e-Sea_ ( 303 _Addams Avenue) Violation of Section_610 05 _ Abandoned_ Property on Pri_v_ate Property Section 652 11 (C) Property_ Exterior—Maintenance—Standards Section 675 11 , Owner to _Main_tain Premises free of litter, and Section 703 03 , Public Nuisances Prohibited Evelyn Hutcherson testified that Mr Tobin came into the Building Department and stated that he had removed the debris from the property and had stacked the concrete blocks at the rear of the property An inspection was made and Mr Tobin was advised that the location of the building materials was not acceptable Mrs Hutcherson further explained that Mrs Tobin had complained that rodents had entered the house since the buildina materials had been relocated and the debris removed Mrs Hutcherson displayed a video tape of the property and pictures taken of the rodents Discussion followed City Attorney Theriac advised Mrs Tobin that any ruling in this case would affect her as well as her husband Mr O Kell moved to defer action and have Evelyn Hutcherson oversee the property periodically Mr Hutchinson seconded the motion Discussion followed Mr Arabian voiced concern that there was no evidence that the property was not in compliance Mr O Kell withdrew his previous motion Mr Arabian concurred Mr Theriac read the letter from the City to Mr Tobin and agreed the wording properly stored could be confusing Discussion followed about storage of building materials Ms Russell moved to find this case in compliance of all violations with the exception of Sec 652 11 Paragraph C which would be given a compliance date of February 16 1989 and to comply by notifying Evelyn Hutcherson at the Building Department In addition a fine of $20 00 per day would be imposed if not in compliance Ms Benson seconded the motion Vote on the motion was as follo%s In favor Ms Benson Mr Hutchinson Mr Moeller Mr 0 Kell Ms Russell and Mr Stenglein Opposed Mr Arabian Code Enforcement Board Regular Meeting January 19 1989 Page 2 of 4 Pages 3 Case No 89-02 , Emory J Weaver and Mary S Seidman, Lot_ 22 01 Banana River Estates (6107 North Atlantic Avenue) - Violation of Section 637 47 Orincipal Uses and Structures Mrs Hutcherson testified that the school bus and truck were improperly stored on the property in that vehicular storage was permitted in a C-1 Zone by special exception Mr Seidran testified that he had been in business for 18 years at the Knot House The truck in front of his business was in working order and used for his business The other vehicle was in the process of restoration and was almost complete He stated that he felt he had a right to keep the vehicles on the premises since they were both runninq Discussion followed Mrs Russell moved to find Mr Weaver and Ms Seidman in non- compliance of Section 637 47 and to comply by doing the following 1) the bus must have all windows intact pass an inspection by a certified mechanic and the seats and interior must all be in place within 90 days and (2) that within 5 days proper registration must be shown to Evelyn Hutcherson or a fine of $25 00 per day will be ensued Mr O Kell seconded the motion Vote on the motion was as follows In favor Ms Benson Mr Hutchinson Mr Moeller Mr O Kell Ms Russell Mr Stenglein Opposed Mr Arabian 4 Case No89-03 , C _Arthur Ware Lots 1 and 2 Block 26 Avon-BY-The-Sea (201-203 MonroeAven_ue) - Violations of Section _3_07 2 Cleanliness and _Section 307 4 , Care_of Premises of the Standard Housing Code as a_d_opted by Section 619 of the Cape Canaveral_ Code of_ O_rdi_nan_ces , Section 652 11 , Property Exterior Maintenance and S_t_anda_rds , Section 652 13 , Duties and_Responsibilities_of Maintenance Standards Established, Section_673 06 Unlawful Accumulation, and Section 675 11 , Owner to Maintain Premises Free of Litter Mrs Hutcherson stated that Mr Ware had -Wade considerable progress toward compliance upon receipt of the notice of violation however there was still more work to be done Mr Moeller moved to find Mr Ware in violation of all sections with a compliance date of February 16 1989 and to provide upon compliance a notification in writing to Mrs Hutcherson that the necessary work has been completed specifically to remove all debris and materials outside to remove the building materials by the fence to remove the car hood and to maintain the dog area in a clean and sanitary manner Ms Benson seconded the motion Motion carried unanimously 5 Case No 89-04, Guy M Dryden, Lots 3 , 4 and 5 , Block 43 , Avon-BY-The-Sea (315-321 Tyler Avenue) - Vio_lation of Section 652 11 (C) , Property Exterior Maintenance Standards , Section 675 11 , Owner to Maintain _Premises Free of Litter, and Section 703 03 Public Nuisances Prohibited Mrs Hutcherson showed tre video tape of the property with the violations She indicated that the property owner was out of town which contributed to the negligence Discussion followed Ms Benson moved to find Mr Dryden in violation of all sections with a compliance date of February 16 1989 and impose a $100 00 per day fine if not in compliance Mr O Kell seconded the motion Motion carried unanimously 6 Case No 89-05 Kevin Clew Lots 1 and 2 , Block 66 Avon-By- The-Sea (205 Buchanan Avenue) - Violation of Section 639 25 , Visibility at Intersections Section 652 11 , Proper Exterior Maintenance and Standards _Section_652_1_3 Duties and Responsibilities of Maintenance Standards Established Code Enforcement Board Regular Meeting January 19 1989 Page 3 of 4 Pages Mrs Hutcherson testified that since the notice of violation the foliage had been pruned back and the piles of debris had been removed She recommended the Board find Mr Clew in compliance Mr O Kell moved to find Mr Clew in compliance of all violations Mr Arabian seconded the motion Motion carried unanimously DISCUSSION 1 Case No , 86-57 ,—Jose h J Hartnett , Lot 4 , Block 23 , Avon- By-The-Sea (515 Madison Avenue) = Occupyin. a Single Family Residence as a Duplex Mrs Hutcherson explained that the property had been sold to Mr Hartnett as a triplex and he had converted the home into a single family residence He had the electric meter removed and had given notice to the Finance Department of the singular billing for sewer and garbage in July of 1987 Recently there had been a complaint from a tenant at this address concerning the condition of the property and they had provided a copy of two leases for this residence as proof that Mr Hartnett had been using the dwelling as two separate units Mrs Hutcherson stated that the property was vacated at this time Discussion followed Deputy City Attorney Bennett advised that there was no way to cite Mr Harnett while the property was vacant There being no further business the meeting was adjourned at 9 55 P M Approved this 23rd , day of February 198Q Ghairm Secretary Code Enforcement Board Regular Meeting January 19 1989 Page 4 of 4 Pages CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 23, 1989 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral , Florida, was held on February 23 , 1989 , 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 Donald Arabian Jeanne Benson George Hutchinson Roy Moeller James Okell Jean Porter-Gabler First Alternate Members Absent Mary Russell Vice-Chairman Helen Kirchofer Second Alternate Others Present James Theriac City Attorney Bob Hoog Mayor Pro Tem Evelyn Hutcherson Code Enforcement Officer Angel Taylor Acting Secretary Mr Okell moved to approve the minutes of the January 19 , 1989 meeting Ms Benson seconded motion Motion carried unanimously It was noted that the next meeting date would be March 23, 1989 The City Attorney swore in Mrs Hutcherson COMPLIANCE HEARINGS 1 Case No 89-01 , Edward J and Olga L Tobin, Lots 1 and 2, Block 9, Avon-By-The-Sea (303 Adams Avenue ) - Violation of Section 610 05 , Abandoned Property on Private Property Section 652 11 (C) Property Exterior Maintenance Standards, Section 675 11 , Owner to Maintain Premises free of litter, and Section 703 03, Public Nuisances Prohibited Mrs Hutcherson reported that Mrs Tobin was pleased with the ruling of the Board She further noted all of the tiles , aluminum and concrete block had been removed and Mrs Tobin was in compliance 2 Case No 89-02 , Emory J Weaver and Mary S Seidman, Lot 22 01, Banana River Estates ( 6107 North Atlantic Avenue ) - Violation of Section 637 47, Principal Uses and Structures Mrs Hutcherson reported that this was a two part compliance The first part was in compliance since Mr Seidman submitted the registration on the truck Mr Seidman has 60 days for compliance on the bus This will be placed on the March 23, 1989 agenda 3 Case No 89-03, C Arthur Ware, Lots 1 and 2, Block 26, Avon- By-The-Sea (201-203 Monroe Avenue) - Violation of Section 307 2 , Cleanliness , and Section 307 4, Care of Premises of the Standard Housing Code as adopted by Section 619 of the CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 23, 1989 PAGE 1 OF 2 Cape Canaveral Code of Ordinances, Section 652 11, Property Exterior Maintenance and Standards, Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Section 673 06, Unlawful Accumulation, and Section 675 11 , Owner to Maintain Premises Free of Litter Mrs Hutcherson reported that Mr Ware had the tenants clean-up the duplex, however, there was still a small pile of lumber at the back of the yard which Mr Ware was using for construction of fences Mrs Hutcherson explained he could not be required to move this , while he is in the process of construction Mrs Hutcherson recommended the Board find Mr Ware in compliance 4 Case No 89-04 , Guy M Dryden, Lots 3, 4 and 5, Block 43, Avon-By-The-Sea ( 315-321 Tyler Avenue ) - Violation of Section 652 11 (C) , Property Exterior Maintenance Standards, Section 675 11, Owner to Maintain Premises Free of Litter, and Section 703 03, Public Nuisances Prohibited Mrs Hutcherson reported that after receiving the Board' s Order imposing a fine, Mr Dryden had turned this property over to a Realtor and that all of the debris had been removed She recom- mended the Board find Mr Dryden in compliance PUBLIC HEARINGS 1 Case No 89-06 , Cape Kennedy Leasing Corporation, Parcel 763 , Section 15 , Township 24 South, Range 37 East ( 8799 Astronaut Boulevard) - Violation of Section 652 11, Property Exterior Maintenance Standards , 652 15 , Criteria for Building Appearance and Section 675 11, Owner to Maintain Premises Free of Litter Mrs Hutcherson requested the Board postpone this Hearing until the next meeting because the registered letter sent to Cape Kennedy Leasing had been unclaimed Mrs Hutcherson reported that she had been unsuccessful in attempting to hand deliver a copy of the notice and would have to see if she could hand deliver a copy of the notice to either Mr or Mrs Moehle at their place of employment Mr Hutchinson made a motion to postpone Case No 89-06 until the March 23, 1989 Meeting Mr Moeller seconded the Motion Motion carried unanimously DISCUSSION Mr Stenglein requested City Attorney Theriac, give the Board some input regarding conducting the Board meetings Mr Theriac offered several suggestions Discussion followed Mr Stenglein reminded the Board that the Code Enforcement Seminar would be held in Winter Park on March 3, 1989 The Board commended Mrs Hutcherson for the manner in which she was compiling the cases and gathering evidence There being no further business, the meeting was adjourned at 8 20 P M Approved this day of � , 1989 Chairma S cretary CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 23 1989 PAGE 2 OF 2 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 23 1989 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on March 23 1989 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 Mary Russell Vice-Chairman Jeanne Benson Donald Arabian James Okell Roy Moeller Jean Porter-Gabler First Alternate Helen Ri.rchofer Second Alternate Members Absent Charles Stenglein Chairman George Hutchinson Others Present Rohn Bennett City Attorney Bob Hoog Mayor Pro Tem Leo Nicholas City Manager Evelyn Hutcherson Code Enforcement Officer Patti Bell Secretary The City Attorney swore in Mrs Hutcherson Mr Richard Treverton and Mr Charles Moehle Mr Okell moved to approve the minutes of the February 23 1989 meeting Ms Benson seconded the motion Motion carried unanimously It was noted that the next meeting would be held on April 20 1989 PUBLIC HEARING Vice Chairman Russell requested that Case No 1 under Public Hearings be postponed in order to allow Case No 2 to be heard first since Mr Treverton would have to leave soon to go to work Ms Porter-Gabler moved to postpone Case No 1 in place of Case No 2 Ms Rirchofer seconded the motion Motion carried unanimously 2 Case No 89-07 , Richard Treverton and Jamie Grimm, Lot 8 , Block 68 , Avon-By-The-Sea (412 Lincoln Avenue) - Violation of Section 639 09 , Home Occupation Requirements , Paragraphs- C, aragraphsC, F, H and R Mrs Hutcherson testified that a complaint had been made against Mr Treverton and Ms Grimm concerning the amount of children being watched at their home and the toys strewn around the exterior of the house She pointed out that this address was not zoned for a child care facility and the maximum amount of children allowed to be watched in a private home was five Mr Treverton stated that all the items on the complaint had been corrected He noted they had complied with the request as follows limited the number of children to five at any time Code Enforcement Board Regular Meeting March 23 1989 Page 1 of 3 Pages limited floor space to 25% in the main living area and removed all external evidence of a child care business on the exterior of the house He further pointed out that the children would be limited to play within the home and not outside Discussion followed Mr Arabian moved to table this item until the Code Enforcement Officer inspected the property for compliance Ms Porter-Gabler seconded the motion Motion carried unanimously 1 Case No 89-06 , Cape Kennedy Leasing Corporation, Parcel 763 , Section 15, Township 24 South, Range 37 East (8799 Astronaut Boulevard) - Violation of Section 652 11 , Property Exterior Maintenance Standards 652 15, Criteria for Building Appearance and Section 675 11 , Owner to Maintain Premises Free of Litter Mrs Hutcherson testified that she had hand delivered the notice of violation to Mr Moehle concerning the debris in back of the restaurant and the exterior overgrowth She further stated that she inspected the property earlier that day and noted Mr Moehle had removed much of the debris and overgrowth however it had not been completed Mrs Hutcherson showed the video tape of the property depicting the remaining overgrowth and strewn roof shingles Mr Moehle reported that since his restaurant had been closed it had been used as a dumping ground He pointed out that he had removed much of the debris found on the lot and inquired as to whether the maintenance of the rights-of-way was his responsibility The City Attorney noted that according to the aesthetic ordinance maintenance of the rights-of-way was the owners responsibility Discussion followed Mr Moeller moved to find Cape Kennedy Leasing Corporation in violation of Sections 652 11 652 15 and 675 11 and to comply as follows maintain the premises in a neat and orderly fashion remove all exterior debris and maintain the rights-of-way by April 6 1989 failure to comply would result in a $25 00 per day fine He further moved that upon compliance he must notify Mrs Hutcherson in writing that the property is ready for inspection Mr Porter-Gabler seconded the motion Motion carried unanimously 3 Case No 89-08 , William Warren, d/b/a Bill s A/C, 6213 North Atlantic Avenue - Violation of Florida Statute 205 Local Occupational License Taxes , And section 721 05 , License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc Without License Mrs Hutcherson testified that the address of record for Bill s Air Conditioning was incorrect and that she tried to reach Mr Warren by phone and to deliver the notice of violation without success She recommended postponing the case until Mr Warren could be notified of the violation City Attorney Bennett pointed out that Mr Warren could be notified by a personal carrier and that a motion to postpone would not be necessary 4 Case No 89-9 Willie Clark, Jr d/b/a Clark s Steaks & Hoagies, 8177 North Atlantic Avenue - Violation of Florida Statue 205 , Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to Engage in Business , etc Without a License Mrs Hutcherson reported that Clark s Steaks & Hoagies was still in business without an occupational license and recommended Code Enforcement Board Regular Meeting March 23 1989 Page 2 of 3 Pages finding them in violation of all sections Discussion followed Mr O Kell moved to find Willie Clark Jr in violation of all sections cited and that he shall comply by April 6 1989 or be fined at $10 00 per day accrued daily Ms Kirchofer seconded the motion Motion carried unanimously 5 Case No 89-10_, Ronald Jordasch, d/b/a Class Home Improvements , 506 Jackson Avenue - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in _Business , etc Without a License Mrs Hutcherson stated that Mr Jordasch had paid for his occupational license on September 30 1988 however he had not provided the required insurance and bond The violation had been returned unclaimed She noted that she had called earlier that day and Class Home Improvements was out of business and therefore in compliance 6 Case No 89-11 , L G Sonneberg, d/b/a Quality Installations, Inc , 310 East Central Boulevard - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section 721_05, License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to engage in Business , etc Without a License Mrs Hutcherson testified that Mr Sonneberg had hand delivered his surety bond late that day but needed to pay an additional late fee She recommended finding him in violation until the fee of $15 63 was paid in full Ms Benson moved to find Mr Sonneberg in violation of all sections to comply by paying the $15 63 penalty by March 30 1989 failure to comply would result in a fine of $25 00 per day Ms Kirchofer seconded the motion Motion carried unanimously 7 Case No 89-12, Kevin Walker, d/b/a Southern Pressure Cleaning, 321 Tyler Avenue - Violation of Florida Statute 205, Local Occupational License Taxes , and Section 721 05 , License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc Without a license Mrs Hutcherson stated that Mr Walker was still in business and had picked up the notice of violation on February 25 1989 Mr Moeller moved to find Kevin Walker in violation of all sections and that he shall comply by purchasing the occupational license and all late fees by April 6 1989 failure to comply would result in a fine of $25 00 per day Ms Benson seconded the motion Discussion followed on the inconsistency of the prior fines The motion was as follows In favor Ms Benson Ms Kirchofer Mr Moeller Mr Okell Opposed Mr Arabian Ms Porter-Gabler and Ms Russell Motion carried There being no further business the meeting was adjourned at 8 30 P M Approved this o2 U day of 41989 V(�.Ce-4 airman Secretary Code Enforcement Board Regular Meeting March 23 1989 Page 3 of 3 Pages CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 20 1989 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on April 20 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairman Stenalein called the meeting to order at 7 30 p m The Secretary called the roll Members Present Charles Stenalein Chairman Mary Russell Vice-Chairman Donald Arabian Jeanie Benson James Okell Roy Moeller Jean Porter-Gabler First Alternate Members Absent George Hutchinson Helen Kirchofer Second Alternate Others_Present Joy Salamone Mayor Bob Hoog Mayor Pro Tem Leo Nicholas City Manager Jim Theriac City Attorney Evelyn Hutcherson Code Enforcement Officer Patti Bell Secretary There being no corrections Chairman Stenalein approved the minutes as written It was noted that the next Code Enforcement Board meeting would be held on May 18 1989 The City Attorney swore in Mr Daniel Jones Mr Alex Nagy Mr Vincent Keenan and Mrs Evelyn Hutcherson Compliance Hearings 1 Case No 89-02 _Em_o_ry_Weaver_and Mary_S Seidman, Lot 22 01 , Banana_River _Estates_ ( 6_1_07 North Atlantic _Avenue) - Viola- tion of Section 637 47 Principal Uses and Structures Mrs Hutcherson explained that the Board Order dated January 19 1989 required that a current license plate be displayed on the truck and that the bus be in operable condition She reported that the bus had been removed from the property and a current license plate had been displayed on the truck She submitted pictures of the truck depicting missing head lights and broken windshield and pointed out that the vehicle was not in use and was being improperly stored on the property Discussion followed Attorney Theriac advised that no action could be taken on the storage of the vehicle since vehicular storage was not addressed in the Board order Mrs Russell moved to find Mr Weaver and Mrs Seidman in compliance with the Board s order dated January 19 1989 Ms Benson seconded motion Motion carried unanimously Code Enforcement Board Regular Meeting April 20 1989 Page 1 of 4 Pages 2 Case No 89-06Cape Kennedy Leasinq­Corporation Parcel 763 763 Section_15_ _Town_sh_ip 24 South, - Range_37_ East_ (8799 Astronaut -Boulevard) --Violation of Section 652 11 Property Exterior Maintenance Standards 652 _15, Criteria for Building Appearance Appearance_ and _ Section 6_75�11 - Owner to Maintain Premises Free- of-Litter 3 Case No 89-08-- Warren— d/b/a Bill s A/C , 6213 North_ Atlantic Avenue - Violation_ of Florida Statute 205_ _Loca_l Occupational License_ Taxes_ _ and Section 721 05, License Required Payment of Tax —Prerequisite--to- Issua_n_c_e _and Section 721 11,_Unlawful to Engaae in Business , etc Without License 4 Case No 89_-_9 Willie Clark Jr d/b/a Clark s Steaks & Hoagies , 8177 North Atlantic Avenue _-_ Violation -of—Florida Statue 205 Local Occupatio_na1 License Taxes , and Section 721 05 License Required1 _ Pa�mznt_ of Tax _Prer_equis_ite to Issuance , and _ Section 721 11 Unlawful to Engage _in Business etc Without a License 5 Case_ _No _89_-11 L GSon_ne_berg d/b/a _Quality Ins_talla_tions , Inc 310_ _East Central Boulevard_ - Violation of Florida_ Statute 20_5 _ Local Occupational License Taxes and Section 7_21 05 License Required, Pay-nent - of Tax Prerequisite to Issuance and Section 721 11,__Unlawful_to engage in Business etc Without a License 6 Case No 89-12 _Kevin_Walker, d/b/a Southern Pressure Cleaning, 321_ Tyler Avenue - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section_7_21 _05 License Required, Payment-of--Tax Pre_req_ isite___to Issuance and Section 721 11 Unlawful _to Engage ;,n-Business_ etc_ Without a license Mrs Hutcherson reported that Cases No 89-06 89-09 89-10 89-11 and 89-12 were in compliance Public Hearings 1 Case No 89-07 Richard Tre_verton and Jamie Grimm, Lot 8 Block 68 Avon-By-The_-Sea (412_ Lincoln Avenue)- - _Violation of Section 639 09 , Home Occupation RequirementsPara�raQhs C , F, H and K Mrs Hutcherson reported that Mr Treverton and Jamie Grimm were in compliance as no external evidence of the home occupation had been observed 2 Case No_ 89-13 James E Morgan Lot 14 , Block 41 Avon-By- The-Sea (160 Polk Avenue) - Violation of_Section 652 11 (C) Property Exterior Maintenance Standards , Section 675 11 Owner to Maintain Premises_ Free of Litter, and Section 703 03 , Public Nuisances Prohibited Mrs Hutcherson stated that this violation notice had been sent as a result of a complaint from Mr Daniel Jones She noted that Mr Morgan had obtained a building permit for the demolition of the trailer located on the property She explained that a building permit was valid for an indefinite period as long as work was in progress She explained that one roll-off dumpster had been filled and removed and another was now in place and that Mr Morgan had stated that he expected to have the work complete within the next two weeks A video tape depicting the condition of the property was shown Code Enforcement Board Regular Meeting April 20 1989 Page 2 of 4 Pages Mr Daniel Jones deliberated over the fact that the work had taken so lona and was a fire hazard He made issue of the fact that Mr Morgan had issued his own building permit Discussion followed It was the consensus of the Board that since a permit had been issued and the work was in progress Mr Morgan was not in violation 3 Case No 89-14 Richard Gramlinq , d/b/a Moon Hut Restaurant , Lots 9-11 , Block 19 Avon-By-The-Sea (7802 North Atlantic Avenue) Violation of Chapter 721 Occupational License , Section 64_5 11 Construction and Use to be as_Provided in Applications__Plans , —Permits a_nd_ Certificateu _ of Occpancy, and Section 635 05 Sewer ImQact Assessment Mrs Hutcherson stated that Attorney Holcomb representative for Mr Gramling had requested a continuance Mrs Russell moved for a continuance in Case No 89-14 Ms Benson seconded the motion Motion carried unanimously 4 Case No 89-16 Kennan _Ente_rprises , Inc and Alex Nagy, d/b/a Space Coast Auto Repair _ Lots 9_ & _10,_ Block _69_ Avon- By-The-Sea (6910 North Atlantic Avenue) Violation_of Florida Statutes 205, Local Occupational License Taxes_ and Section_ 721 05 License _Require_d Payment of Ta_x__Pre- requisite to Issuance_, Section_ 637 53 Prohibited _Uses and Structures , Section_ 653 06 Prohibited Signs_and_ Sign Features (E) Portable Sins, _ Section 653 09 Permits_ and Inspections , and Section 653 192- Temporary-On-Premise Suns Mrs Hutcherson testified that Mr Nagy had been issued an occupational license erroneously since the Special Exception for automotive repair had been denied by the Board of Adjustment on February 9 1987 Mrs Hutcherson further noted that Mr Nagy had been storing his tour buses and shuttle vehicles on the property and had installed several signs without a permit Mr Nagy stated that he only parked his vehicles on the property overnight and had removed the signs which he thought were in violation He produced the occupational license for the automo- tive repair business and informed the Board that he had signed a two-year lease on the property Mr Vincent Kennan Keenan Enterprises Inc explained that the property had been in use as a service station and automotive repair for a number of years and that he was not aware of the problem Discussion followed Attorney Theriac advised that even though the occupational license had been issued erroneously it should not be renewable unless a Special Exception has been obtained Discussion continued Mrs Russell moved that Kennan Enterprises Inc and Mr Nagy be found in violation of Florida Statutes 205 and Section 721 05 of the Cape Canaveral Code of Ordinances by operating a business with an erroneously issued occupational license which will expire on September 30 1989 and that Kennan Enterprises Inc and Mr Nagy shall comply by contacting the Building Department on the requirements for obtaining a Special Exception to allow auto- motive repair at this establishment beyond the date of September 30 1989 Mr Okell seconded the motion Motion carried unanimously Mr Arabian moved to find Kennan Enterprises Inc and Mr Nagy in violation of Section 637 53 by parking and storing vehicles that Keenan Enterprises Inc and Mr Nagy shall comply by obtaining an occupational license for Cocoa Beach Shuttle on or Code Enforcement Board Regular Meeting April 20 1989 Page 3 of 4 Pages before May 5 1989 or cease parking shuttle vehicles on the property upon complying Mr Kennan or Mr Nagy shall notify Evelyn Hutcherson in writing who shall inspect the property and notify the Board of compliance Should Mr Kennan and Mr Naay fail to comply and the Code Enforcement Officer finds that they are still in violation then a fine shall be levied in the amount of twentv-five dollars for eacr and every day the violation exists and continues to exist at 6910 North Atlantic Avenue past the abo,, e stated date Mrs Benson seconded the motion Motion carried unanimously There being no further business the meetina was adjourned at 8 55 P M Approved this �(� day ofCrcy 1989 (� hairman Secretary ~ Code Enforcement Board Regular Meeting April 20 1989 Page 4 of 4 Pages CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MAY 18 1989 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on May 18 1989 at the City Nall 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 Donald Arabian Jeanie Benson Janes Okell Roy Moeller George Hutchinson Jean Porter-Gabl�_r First Alternate McTbers r,.bsent Mari Russell Helen Kirchofer Second Alternate Others Present Bob Moog Mayor Pro Ter Leo Nicholas C-ty Manager Jim Theriac City Attorney Evelyn Hut&ierson Code Enforcement Officer Susan Nelson Secretary There being no correctiors Chair7an Stenglein approved the -inutes as written It was noted that the next Code Enforcement Board -^eetina would be held on June 22 1989 The City Attorney swore in Mr Franklin D Martir Mrs Lille Martin Mr Vincent C Keenan Mr Alen Naay Mr John Forster Ms Candace Davis Mr Milton Seiaman and Mrs Evelyn Hutcherson Mrs John Foster requested the Board ~rove Case No 89-19 to the first order of business because of medical reasons The Chairmar gra-ted her request Public Hearings 1 Case "T0 89-19 Mr John Forster Lot 1_18 Harbor Heights Second Additior ( 332 Harbor Drive) - Violation of Section 639 23 Accessory__ Structures , _and -Section-645- 03 Building Permits Required Mrs Hutcherson explained there was an accessory stracture located on the property TAhich does not meet the required setbacks She also noted there is no record of a Buildina Permit beina issued for the placement of the structure Mrs Hutcherson distributed photos of the accessory structure Mr Forster stated that the structure was on the property when he purchased his home in 1976 and questioned why he was being cited for a violation at this tiTe Discussion followed Attorney Theriac advised the city staff to research when Section 639 23 was adopted and suaaested postponement of Case No 89-19 Code Enforce7ent Board Regular Meeting May 18 1989 Page 1 of 1 pages Mr Benson proved to postpone Case No 89-19 until June 22 1989 Mr Arabian seconded the motion Motion carried unanirously Com_pliance Hearings 1 Case No 89-16 _ Keenan— Ente_rprises^_Inc_ and _Alex Nagy_ d/b/a Space_ Coast Auto_ Repair Lots _9_& 10 Block 69 _Avo_r- By-The-Sea (6910 North __Atlantic Avenue) - Violation of Florida Statutes 205 _ Loc_al_ Occupational License Taxes _ and Section _7_21 05 _ License_ Recgulred, _ Pay-nent__of Tax Prerequisite _to_ Issuance, Section 637 53, Prohibited Uses and_Structu_res , Section 653 06 Prohibited _Signs and Sign Features _ (E) _Portable Signs_ Section 653 09 ,—Permits and Inspections, and Section 653 19 _ Tem orary On-Premise Signs Mrs Hutcherson reported that Mr Nagy had come into the office to obtain an Occupational License out nad changed his mind She stated that the vehicles were still being parked on the property Mr Nagy explained that he had an Occupational License for his tour bus and shuttle service and it was his opinion the fee of $25 00 per vehicle was exorbitant He stated that the vehicles would only be parked on the property for service and repair Mrs Hutcherson explained that vehicles could not be parked or stored outside an auto-notive repair shop for -nore than four days She further noted the four days sere an accanulative tirie Discussion followed Mr Moeller moved that Case Number 89-16 be found in non- compliance of the Board s order dated April 20 1989 Mr Arabian seconded the motior Motion carried unanimously Public Hearings= Continued 2 Case No 89-_14_ Richard Gramling, d /b/a Moon Hut Restaurant , Lots_9-11� Block_19 ___ Avon-Bv-The-Sea _ (7802 North Atlantic Avenue) ----- Violation--of Chapter 7_21, Occupatio_n_al License Section_645_ 11 Construction and Jse to be as_ Provided in Appllcation_s - Plans , _Permits and _ Certificate of_Occupancy and Section 635_05__ Sewer Impact ,ssessnent Mrs Hutcherson informed the Board that Mr Gramlincr s Attorney had requested a continuance on this case and stated that the Moon Hut Restaurant should be in compliance within the -ionth Mr Benson moved to postpone Case No 89-14 until June 22 1989 Mr Hutchinson seconded the motion Motion carried unanimously 3 Case No_ 89_-17 _Emo_ry Weaver and Mary S Seidman Lot 2201, Banana_ River Estates (6107 North Atlantic Avenue) _Violation of National Electrical Code article 110-22 Identification of Disconnecting MeansArticle 370-8 - Unused Openings A_rticl_e_ 700-9, Wiring Eirergency _ System, of the National Electrical Code as adoptedby Chapter 617 of the Cape Canaveral Code of Ordinances_ Liffe_ Safety Code Chapter 27- 3_2 11_Prot_ection_from Hazards as adopted by Chapter 626 of the _Cape — Canaveral Code of Ordln_ances , Standard Building Code , Chapter 102 4 Unsafe Buildings , as_adopted b� Cha ter 611 of _the_ Cape _Cana_ve_ral Code _of Ordinances and Section 617 11 the Methods_ Paragraphs A B , H and N Mrs Hutcherson reported an inspection was made of the property by herself the Building Inspector and the Fire Inspector She reported their findings of numerous electrical fixtures devices pull and function boxes conduit bodies and fittings that were in a state of disrepair and caused unsafe and unsanitary conditions Mr Seidman reported on his progress and stated that the repairs would be finished by the following week at which time he would Code Enforcement Board Regular Meeting May 18 1989 Page 2 of 2 Pages call for an inspection Mrs Hutcherson recommended extendinu the compliance date until June 15 1989 without penalties Mr Okell moved to find Mr Weaver and Mr Seidran in Violation of the National Electrical Code Articles 110-22 370-8 370-10 370-11 370-15 and 700-9 as adopted by Chapter 617 of the Cape Canaveral Code of Ordinances Life Safety Code Chapter 27-3 2 1 as adopted by the Cape Canaveral Code of Ordinances Standard Building Code Chapter 102 4 as adopted by Chapter 611 of the Cape Canaveral Code of Ordinances and Section 617 that Mr Weaver and Mr Seidman shall comply with the aforementioned sections of the City Code on or before June 15 1989 by taking the following action Electrical fixtures in wet or damp vocations shall be repaired in accordance with the National Electrical Code 1987 (electrical repairs to be made and certified by licensed electrician) correct unsafe and unsanitary conditions and to call for reinspection Mr Arabian seconded the motion Motion carried Unanimously 4 Case No 89-18 tir F D Martin Loot 38 Harbor _Heights Third Addition_ (38_2 Coral Drive) -_Violation of _Section 639 23 Accessory Structures and Section 645 03 Building Permits Required Mrs Hutcherson explained her findings of an accessory structure which does not -eet the required setbacks which was replaced without a Building Permit Mr Martin stated trat he erected the original utility shed in 1967 and had replaced the shed in 1986 Mr Martin submitted copies of the utility shed warranty (Exhibit A) and a sketch of his property with locations of utility shed (Exhibit B) He also provided signatures of three adjoining neighbors which approved of his replacement of the old shed at TAhich time he had filled out a building permit application Discussion followed Mr Benson moved to postpone Case No 89-18 until June 22 1989 to allog the staff time to research Section 639 23 Mr Hutchinson seconded the motion Motion carried unanimously 5 Case_No___89-20 Ms Candace Davis_ Lot _1_27 Harbor-Heights First Addition (240 _ Coral Drive) - Violation of Section 639 23_Accessory _ Structures , and_ Section 645_231 Building Permits- Required Ms Davis stated she understood that a Building Permit should have been obtained before starting the fob Ms Davis informed the Board that the concrete slab was there when she purchased her home in 1977 Discussion followed Mr Hutchinson moved to postpone Case No 89-20 until June 22 1989 and sucggested that Ms Davis obtain a Building Permit Mr Arabian seconded the motion Motion carried unanimously 6 Case No _ 89-21_ Dr _Robert E Lehton, _Lots 3 & 4 Block 39 , Avon-By-The-Sea_(409_Harrison Avenue) = Violation of Section 673 02 (A) Garbage Receptacles to be Provided and_ Section 673 03 (E)s Use of Containers- Assigned to Another Address Mrs Hutcherson reported her findings of no garbage receptacles provided for the tenants who were using a durrpster assiqned to another address or placing garbage bags and trash at the curb Discussion followed Mr Hutchinson moved to find Dr Lehton in Violation of Sections 673 02 (A) and 673 02 (E) of the Cape Canaveral Code of Ordinances that Dr Lehton shall comply witn the aforementioned sections of the City Code on or before May 25 1989 by taking the following action Provide an adequate number of garbage receptacles or a dumpster Failure to comply will result in a fine of $100 00 Code Enforcement Board Regular Meetinq May 18 1989 Paqe 3 of 3 Pages the first day and $50 00 per day thereafter Mr Okell seconded the motion Motion carried unanimously City Attorney Jim Theriac suggested that the Board meet one-half hour early at their next scheduled meeting to discuss accessory structures There being no further business the meetina was adjourned at 8 55 P H Approved this day of 1989 Cna i r-q an Ulm ay) Secretary Code Enforcement Board Regular Meeting May 18 1989 Paqe 4 of 4 Pages �1TY 0- CAPE ,1TyLEAnL CODE E'TFC?CEIIEIiT BOARD SPECItiL TORFCHOP MEETING ,JITE 2- 1D8q Spec-al Worusrop -eetir^ ^t t]7,�. —.dc. Er,forcement Board of ttie C-ty of Capc Canaveral Florida rias held en June 22 108Q at the _-tv Pall rnn= --I -o-k Cap= Cana eral T;'lcr_da Cnair-an Stt�-.nalein called the -,-et-ra to oraer at 7 -10 P M Ve-ners P. escnr Charles Stenaf,=in Cn----an !orald ,rani an Jearie Benson ,aTes Okeii poy Moeller G�-oiae Hutcrinson Jean Porter-Cable- First Alternates Helen F-rchof=r Seco^d Alternate Members Absent Mary Russell lice Chaizr^an Others Present Joy Salamone TIa�or Bob Fooa Itayoi Pro Te- Rock,7 Fandels Council 1�--ber Leo Ii-cholas City Manaaer Ji- Theriac City attorney James Iioraan Buildira Offic-as Evel �r Hutcherson Code Enforce-ent Otficer Susar 11elsor Secretary Discussion y Discussion Regarding -,cc-ssor_j Structures ms Putcr=zsor erpiaired to the nearci members that tie coae on the Location of accessory Bdilainas and uses in Pesiaenr-al Areas was oriainally aacpted or I1o�member i7 -962 'he Orainance was amended on Octoner -9 19-11 Octoner 28 1975 Se----- be" -1 _976 a77d tn= latest amena-ncnt was adopted or -ebruar 15 1983 Discassior toliowed c- ncg o "iara-e r-7e cases as they ar= p-esentca Tne meetina was adDourred at 7 30 P 11 fS �cvy, L �ecreta.y - - CITY OF CnPE Crul.&NERriL CODE ESIFORCE11E11T BOtiRD REC,Lr,P MEETIT'G JUT E 2-- �L98a regular -eetina of t�"e Code Enforce-ert Bcara of the City of Cape Canaveral Florida 4as neld o-, June 22 1989 at the Citz Nall Anrcx 111 Polk A en?e Cape `-'a-aye—al F-oriaa CTiairman Stenalein called the -eetina to order at - _0 p Secretait ca_ied the roll Members Present Criarles Stenalein Chairman ,yea-ne Benson Dorald Araban Ja-es Okell Roy Moeller George Hutchirson Jean Porter-Gabler First alternate Fe!en fircnofer Second Alteinate Members Absent Mary Russell Vice Chairman Others Presenr Jov Salamone mayor Bob Hooa Mayor Pro T=m Rocky T'andels Council Member Leo 11-cholas City Manaaer Jim Theriac City httorney James Morgan Build­Lna Ofticial Eve.Lyn Hutchersor Code Enforcement Officer Sasan 11elsor Secretary Mr Moeller moved to approve t`Te mirutes of May 18 1989 as ,ori}ter Mr Hi-tcgi^son seconded the motion Motion carred ura^imousl y Chair-ar Sty nalein avpro�,ed the minutes as ,written COMPLIANCE HEnRI"1CT 1 Case No 89-17 _ ET y Weaver and Mary _S _ Seidman_ _Lot 2201 Banana Ryer Estates (b107 North n_tlantic r,venue) Violatlor of Nationa.L Electrical Codes Article -110-22 !dent-ficat_on of Disconnecting Means Article 370-8 Unused Openings Article 370-10 Flu_sh _Fittinas_in Walis or Ceilings Article 700-9 Wiring_ Emergency Syst_e- of the National Electrical Code_ as aaopted by_Chapter 617 of the Cape Canaveral Code of Ordinances_ Life Safety Code Chapter 27-32 1 Protectior from Hazards as adopted ray _Chapter 62_6 _of the Capc Canavera- Code of Ordinances_ Standard Building_ Code Chapter 102 4 _Ursafe Buildingsrt as adopted by Chapter 611 of the Cape Caravezal Code of Ordinances and Sectio- 617 11 Wiring Methods Paragraphs A B_H and 11 Ms Hutchersor reported that the electrical tiolaticrs had b=e- corrected and certified by a 1-censea electrician Sne further roted trat the nuildinaet all electrical coaes and was �r compliance 2 Case No 89-21 Dr Robert E Lehton Lots 3 & 4 Block- 39 Avon-By-The-Sea- (409 Harrison Avenue) - Violation of Section 67_3 02 (A) _Garbage_ Receptacles to be- Provided and Section 673 02 (E) Use of Containers Assigned to Arother ,,ddress Ms Hutcherson reported that the prooerty gas no4 in compliance Code Entorce-ert Board Regular Meetina ,u-e 22 1989 Paae 1 of 4 paa�s PUBLIC HE.,RINGS 1 Case No 89--14 Richard Gramlin_a d/b_/a Moon Hut Restaurant Lots 9-1_1__ Block 19 kvon-B_y-The-Sea (7802_North Ytlantic .,venue) - Violation of Chapter 721 T Occupat_onal License Section 645 11 Construction and Use to be as- Provided in Applications Plan Permits_ and _Certif-cate of Occupancy and Sectior 635 05 Sewer Impact Assess�ert (Postponed May 18 1989) Is Hutcherson requested that this case tae postponed for one -onth because Mr Gra-lira c-as still having Lroble-s with nis court case Mr Hutchinson ~roved to vostpone Case No 89-14 unt-1 July 2t, 1989 lir mran-an seconded the -ot-on Motion carried unanimously 2 Case No 89--8 Mr F D Martin Lot 38 Harbor Heiahts_ Third idditior ( 382 Coral DLije) - Violation of Section 639 23 Accessory _Structi-.res and Section 645 03 Buildina Permits Required (Postpored May 18 1989) Ms Hutcherson reported that Mr Martir had requested a posrpone-^ent because he was out of tOATr Mr Oxell moved to postpone Case 10 89-18 u~til July 20 1989 Mr Hutchinson seconded the -otior Mottor carried uranimausly 3 Case No 89-19 Mr Join Forster Lot 1_18 Harbor Heiahts_ Second Addition ( 332 HarboL Drive) - Violation of Sectior 639 23 _Accessory_ Structures_ and Section-645 03 Buildina Perr -ts Required -(Postponed May 18 1989 ) Ms Hutcherson reported that at the last meetina Mr Forster ind-catea that he Tould be cut of the area at this reetina Ms Hutcherson reauested that tris case be postponed until the next -eetincs Mr Hutchi-son -cvea to taostpore Case lie 89-19 unti- Ju�y 20 1QSQ Mrs Bensor seconded the -otion tiotior carried aranimousi�f 4 Case No 89-20 Ms Candace D"avis Lot 12_7 Harbor Heiahts First Addition ( z40 CoL al Drive) - -Violation of Section 639 23 , Accessory Structures and Section 64_5 23 - Building Permits Peaulred_(Postpo*ied May 18 1989) Ms Hutcherson reported that an accessory structure and patio cover were placed on referenced property without buildinq permits and they do not -~eet the required setnacks Ms Hutcherson sub--tted pictures of the accessory structure and patio cover Ms Davis stated that "Ir Hartley replaced an existing roof and did not think she n_eded a buildina perTit She notedt7e overhana gas two feet seven inches into the s=tbacr. encroachmenr Discussion continued Mr Arabian -oied as fo�logs Finding of Fact That Mrs Davis had placed an accessory structure and canopy on her property without a buildina peryrit and the structures do not meet the setback requiL e"Tlents Conclusions of Lag Mrs Da7is gas in violat-on of Sections 639 23 and 645 03 of the Code of Ordinances Order Ms Dais mast comply on or betore Septerb�_r 20 1989 b, obtaLn-Lra a buildiru per-it to relocate the accessory structure and canopy to comply with the setbacL requite-encs or - errove structures from the property Code Enforce-ent Board Feaular Meeting -une 22 198q Paae 2 of 4 Pages PUBLIC HEARIFGS - CONTINUED Fine Shoula Ms Davis fail to comply Rith the above order and the Code Enforce-ent Officer finds that she is still In violation then a fine shall be levied in the amourt of S25 00 for the first dad (9-21-89 ) and S25 OC per day thereafter for each and c7erl day until brouaht mento compliance Ms k�rchofer secondea roe -otion Vot-on carried unani-ously 5 Case No 89-21 John Bartola Banana River_ north of Centr a Boule"Vard - Vio_ation of Florlaa Statue Cnapter 37b 15 Derelict Vehicles Pemo al from_ __ Public-Waters ar3_Sect-en 610 03 -Lbandoned Property or Public Proerty Ms Hutcherson stated that she had contacted Mr Bartola in early Aori, to _nfor- fin that he needed to rerove his boat 'fir Bartola s boat Darned that evening Sne -ailed him a violation rotica or Ma 18 -989 bat hat noO received a resporse Ms Hutcherson farther rored r" at ro effcrts hat been made to have the debits re-cued Discussio- follcwad Mrs Benson -oved as follows Findings of Fact That no effort had been made to clear the xaterway of aebr_s ant remains of the boat Conclusion of Law mr Barto_a was in violation of Chapter 37b 15 of the Ficriaa Statute and Sector 610 03 of the Cape Canaveral Code of Ordinances Order Mr Ba? tola must coypiy or or before July 13 1989 by re-^o7al or all debris and re-gins of tre boat Fine Sho-id Mr Barto-a tai to comnly with the above order and the Code Enforce-ent Officer f-nas that ne _s st-Ll _n iolaticn then a fire snail be levied in the amount of 5250 00 for the tirst dal (July 14 1989 ) and $250 00 per day thereafter for each and evert day unti- brouaht into compliance Mr Hutchinson secorded the mot-on Vot-cn carried unanimously 6 Case No 89-22 121 Corporatior Lot 15 Block_ 21_ Avon-By- "'he-Sea (350 Monroe avenge ) - Vioiation of b75 1� Owner to Ma-n vre-ises Free of L-ttez and Sect-on 652 li Property Exterior Maintenance and Standards Vs watc^ersor reperted that there was an accumulation of aebrls dead trees and unaerbrush a-ona the east property line and the a.ea gas nad,y overaroun She sub-matted pictures of the area Ms Hutcherson roted that she had contacted Yin since Septe-ber 1988 arc Mr Firnj rat made ro effort to clear up the property niscuss�on continued M. Noel-er moved as follows Findings of Fact That the 121 Corporation had an accu-ulat-on of debris head trees and underbrush aiorq the East property i-ne Conclusion of Law 121 Corporation Ras _n violation of Sect-ons 67= 11 and 652 i1 Code Ertorcemant Bard Reau-ar Meeting June -2 1989 Pace j of 4 Rages FUBLIC HEARIIiGS - CONTINUED Oraer 121 Corporation ,gas ordered to comply or or before JuL� 13 i98Q by removal of dead trees and tree li-bs clearing the anaerbrush and haul�na away the deoris Fine SZould 121 Corporation fa-1 to comply with the above order and the Code Enforce-ent Officer finds that they are still in Violation then a fine shall be sevi�d in the a^ount of S50 00 for the first day (July 14 1989) and $50 00 per day thereafter for each and every day unt__ orouant into comp-Liance Ms Kirchofer sccondea the ^otion 'lotion carried unani-nously DISCUSS!01 1 Case To 89-16 __ Keenan Enterprises Inc _ara -L-Le.- Nagy a/b/a_Space Coast _Auto Re_pair__Lots_ 9 & 10 Block 69 _Avon- B� -'I'he-Sea (6910 North fttlantic Avenue) -- Fine imposed _n Board Ord`r of April -0 1Q89 Mrs Hutcherson stated that a f-re of S25 00 per day -ad been --posed effecti% e May 6 ig89 She noted that a certified letter fro- Mr Naay dated May _0 1989 and ~na-led on May 26 1989 was recei4ed i- the office on May 30 _L989 Sne requested direction from the Board for the compliance date Irs Hutchersor stated that Mr Willia- E Weller Attorney for Mr Keenan in a l=tter dated Mai 19 1989 advised Mr Naay that e ict_on proceea�nas would be instituted if the property was not brought into corpliance within five days She noted that Mr Fee-a- _ equested that he be rel-eved of a lien aaainst his property since ne had ~made every effort to have tri propert, brought _nto co-pi_ance Ms Hutcherson reco- Tended that Mr Keenan be re.Lieved of the fine and that the Board establish the date of co-pl-arce for Mr liaa� Discussion folioged Mr Moeller moved to find Fee-an Erterpr-ses in compliance Faith the City of Cape Canaveral Code of Ordinarces and f-nes previously levied oe waived Mrs Bensor seconded the motior Motion carried unarimously Mr Moeller -roved that IIr raay was doina business at Space Coast nuto r'ep--r i^ cc-pliance as of Ila 26 1989 The fi-e of $25 00 per day levied May 6 1989 be ^ortiruea to the compliance date of May 26 1989 XIS Berson seconded the motion Motion carred unanimously There beina no further business the meetina was ad-lourned at 8 45 P 11 approved this: da, of 1888 Chair-ar Secretary Code Enforce~ent Boara Reauiar Meet_na Jure 22 -989 -aae µ of 4 Pages CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING July 20 1989 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on July 20 1989 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 Jeanne Benson James Okell Roy Moeller George Hutchinson Members Absent Mary Russell Vice Chairman Donald Arabian Jean Porter-Gabler 1st Alternate Helen Kirchofer 2nd Alternate Others Present Bob Hoog Mayor Pro Tem Leo Nicholas City Manager Jim Theriac City Attorney James Morgan Building Official Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of June 22 1989 as written Ms Benson seconded the motion Motion carried unanimously Chairman Stenglein approved the minutes as written It was noted that the next Code Enforcement Board meeting would be held on August 17 1989 The City Attorney swore in Mr Franklin Martin Mrs Nellie Martin Mr Willie Womack and Ms Evelyn Hutcherson COMPLIANCE HEARINGS 1 Case No 89-21 , John Bartola, Banana River , North of Central Boulevard - Violation of Florida Statute, Chapter 376 15, Derelict Vehicles, Removal from Public Waters , and Section 610 03 , Abandoned Property on Public Property Ms Hutcherson reported that Mr Womack had removed a considerable amount of debris from the river but there was still debris under the murky water which visibly looked like the bottom of the boat Ms Hutcherson and Mr Womack submitted photos for the boards review Discussion followed Mr Womack representing John Bartola stated that he cleaned up the debris to his satisfaction and that the debris under the water were not visible from the photos Ms Hutcherson pointed out that the board order required that the remains of the boat be removed Code Enforcement Meeting July 20 1989 Page 1 of 4 COMPLIANCE HEARINGS - CONTINUED Mr Moeller moved to find Mr Bartola not in compliance with order issued on June 22 1989 in that debris was not completely removed and that the fine of $250 00 per day shall continue until all remains were removed to the satisfaction of the Code Enforcement Officer Ms Benson seconded the motion Vote of the motion was as follows In favor Mrs Benson Mr Moeller and Mr Okell Opposed Mr Hutchinson and Mr Stenglein Motion carried 2 Case No 89-22, 121 Corporation, Lot 15, Block 21 , Avon-By- The-Sea (350 Monroe Avenue) - Violation of 675 11 Owner to Maintain Premises Free of Litter, and Section 652 11 , Property Exterior Maintenance and Standards Ms Hutcherson reported that the property was in compliance PUBLIC HEARINGS 1 Case No 89-14 , Richard Gramling, d/b/a Moon Hut Restaurant, Lots 9-11 , Block 19 , Avon-By-The-Sea (7802 North Atlantic Avenue) - Violation of Chapter 721 , Occupational License, Section 645 11 , Construction and Use to be as Provided in Applications , Plans , Permits and Certificate of Occupancy, and Section 635 05, Sewer Impact Assessment (Postponed June 22, 1989) The City Attorney stated that he had been contacted by Attorney Holcomb Mr Gramling s Attorney who stated that the court proceedings were still in litigation Attorney Holcomb suggested that the board find Mr Gramling in violation and requested 45 days to comply Discussion followed Mr Okell moved as follows Findings of Fact The Moon Hut Restaurant had an approved seating capacity of sixty seats and that Mr Gramling was operating the Moon Hut Restaurant without an occupational license Conclusion of Law That Mr Gramling was in violation of Chapter 721 Section 645 11 and Section 635 05 of the Cape Canaveral Code of Ordinances Order That Mr Gramling shall comply on or before September 3 1989 by taking the following action 1 Reduce the seating capacity to sixty seats or meet the requirements for up to ninety-nine seats and 2 Obtain an Occupational License Upon complying Mr Gramling shall notify Evelyn Hutcherson a City official in writing who shall inspect the property and notify the Board of compliance Ms Benson seconded the motion Motion carried unanimously 2 Case No 89-18 , Mr F D Martin, Lot 38 , Harbor Heights , Third Addition (382 Coral Drive) - Violation of Section 639 23 , Accessory Structures , and Section 645 03 , Building Permits Required (Postponed June 22, 1989) Ms Hutcherson reported that an accessory structure which did not meet the required setbacks was replaced without a building permit Code Enforcement Meeting July 20 1989 Page 2 of 4 PUBLIC HEARINGS - CONTINUED Mr Martin explained that he had applied for a building permit and since he had not heard from the building department assumed a permit was not required Discussion followed Ms Benson moved as follows Findings of Fact Mr Martin placed an accessory structure on his property without a building permit and the structure does not meet the setback requirements Conclusion of Law Mr Martin was in violation of Sections 639 23 and 645 03 of the Cape Canaveral Code of Ordinances Order That Mr Martin shall comply on or before October 18 1989 by taking the following action 1 Obtaining a building permit to relocate the accessory structure to comply with the setback requirements or 2 Removing the structure from the property Upon complying Mr Martin shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Mr Okell seconded the motion Motion carried unanimously 3 Case No 89-19, Mr John Forster, Lot 118 , Harbor Heights , Second Addition (332 Harbor Drive) - Violation of Section 639 23 , Accessory Structures , and Section 645 03, Building Permits Required (Postponed June 22 , 1989) Ms Hutcherson reported that she was unable to reach Mr Forster by phone and assumed he was still out of the area Ms Benson moved to postpone Case No 89-19 until August 17 1989 Mr Hutchinson seconded the motion Motion carried unanimously 4 Case No 89-23 , Mr Ballard Beasley, Sr and Mr Ballard Beasley, Jr , d/b/a Lucky Trader, Lots 9 , 10 and W 1/2 of 11 , Block 65, Avon-By-The-Sea (7006 N Atlantic Avenue) - Violation of Section 637 51 , Special Exceptions Permissible by the Board of Adjustment, Paragraph (J) , Outside Display Area, and Paragraph (K) , New and Used Automobile Sales and Rentals Ms Hutcherson reported that the Board of Adjustment denied Mr Beasley s request for outside display and that Mr Beasley was requested on numerous occasions to cease all outside display She also explained that Mr Beasley was advised that a special exception was required to sell or rent automotive vehicles Discussion followed Ms Benson moved as follows Findings of Fact The Board of Adjustment denied Mr Beasley s request for outside display and Mr Beasley Jr did not remove all merchandise from the exterior of the property Conclusion of Law Mr Beasley Jr and Mr Beasley Sr were in violation of Section 637 51 Paragraphs (J) and (K) of the Cape Canaveral Code of Ordinances Code Enforcement Meeting July 20 1989 Page 3 of 4 PUBLIC HEARINGS - CONTINUED Order That Mr Beasley Sr and Mr Beasley Jr shall comply on or before August 10 1989 by taking the following action 1 The removal of all items stored or placed on the exterior of the property 2 The removal of all vehicles for sale or rent including those being stored on the property Upon complying Mr Beasley Sr or Mr Beasley Jr shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Mr Okell seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at 9 00 P M as Corr ed Approved/ this day of — 1989 OceChairma Secretary Code Enforcement Meeting July 20 1989 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 17 1989 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on August 20 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Vice Chairman Russell called the meeting to order at 7 30 P M The Secretary called the roll Members Present Mary Russell Vice Chairman Jeanne Benson James Okell Roy Moeller George Hutchinson Jean Porter-Gabler 1st Alternate Helen Rirchofer 2nd Alternate Members Absent Charles Stenglein Chairman Donald Arabian Others Present Joy Salamone Mayor Bob Hoog Mayor Pro Tem Leo Nicholas City Manager Jim Theriac City Attorney James Morgan Building Official Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Ms Benson amended the minutes of the July 20 1989 meeting as follows Case No 89-18 Mr F D Martin order should Mr Martin fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then a fine shall be levied in the amount of twenty-five dollars ($25 00) for the first day (October 19 1989) and twenty-five dollars ($25 00) per day thereafter for each and every day until brought into compliance Case No 89-23 Mr Ballard Beasley Sr and Mr Ballard Beasley Jr d/b/a Lucky Trader order should Mr Beasley Sr and Mr Beasley Jr fail to comply with the above order and the Code Enforcement Officer finds that they are still in violation then a fine shall be levied in the amount of two hundred fifty dollars ($250 00) for the first day (August 11 1989) and two hundred fifty dollars ($250 00) per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of two hundred fifty dollars per day shall be imposed for each and every day the violation continues to exist The minutes were approved as corrected It was noted that the next Code Enforcement Board meeting would be held on September 21 1989 The City Attorney swore in Mr Jack Moline Ms Eileen Razzano Mr James Morqan and Ms Evelyn Hutcherson Code Enforcement Board Regular Meeting August 17 1989 PAGE 1 OF 4 COMPLIANCE HEARINGS 1 Case No 89-23 Mr Ballard Beasley, Sr and Mr Ballard Beasley, Jr , d/b/a Lucky Trader, Lots 9 , 10 and W 1/2 of 11 , Block 65 , Avon-By-The-Sea (7006 N Atlantic Avenue) - Violation of Section 637 51 , Special Exceptions Permissible by the Board of Adjustment , Paragraph (J) , Outside Display Area, and Paragraph (K) , New and Used Automobile Sales and Rentals Mrs Hutcherson reported that the property was in compliance PUBLIC HEARINGS 1 Case No 89-19 , Mr John Forster , Lot 118 , Harbor Heights , Second Addition (332 Harbor Drive) - Violation of Section 639 23 Accessory Structures , and Section 645 03 , Building Permits Required (Postponed July 20, 1989) Ms Hutcherson stated that she had written to Mr Forster advising him of the postponement and requested that he contact her upon his return Since she was unable to reach Mr Forster by phone she assumed he was still out of the area Mrs Russell postponed Case No 89-19 until September 21 1989 2 Case No 89-24 , Cape Winds Inc , Block 50 , Avon-By-The-Sea (7400 Ridgewood Avenue) - Violation of Section 645 11 , Use _Reflected on Certificate of Occupancy, and Section 637 31 , R-3 , Principal Uses and Structures Ms Hutcherson pointed out that this was the second public hearing on daily rentals for Cape Winds noting that Cape Winds Joint Venture (Jack Moline Arthur Wigchers and James Spiegner) had been cited on February 13 1987 She reviewed the testimony presented at the public hearing held on February 19 1987 as follows Mr Moline had been advised by Mr Artis Gunn prior to construction that daily rentals for less than one week were prohibited The Certificate of Occupancy was issued on November 5 1985 with a use classification of Residential Condominium Mr Jeffrey Eckley Code Enforcement Officer in a letter dated November 12 1985 advised Mr Jack Bennett Project Coordinator and Mr Jack Moline Project Owner for Cape Winds that their permit application for a sign which read Cape Winds Resort Rentals Day Week Month had been denied He pointed out that Section 632 01 of the Cape Canaveral Zoning Ordinance did not allow daily rentals and noted that rentals could not be for less than seven days Mr Artis Gunn Building Official in a certified letter dated November 27 1985 advised Cape Winds Joint Venture (Jack Moline and James Spiegner) that rental of dwelling units for any period of time of less than one week was prohibited Mrs Evelyn Hutcherson received a confirmation letter dated February 13 1987 from Cape Winds for three nights February 20-22 1987 Mr Mosley representing Cape Winds testified that the sign advertising daily rentals had been removed and that no rentals of less than seven days would be allowed Code Enforcement Board Regular Meeting August 17 1989 PAGE 2 OF 4 Mrs Hutcherson noted that on February 19 1989 the Board found Cape Winds in Violation of Section 637 31 and 632 01 of the Cape Canaveral Code of Ordinances and ordered that effective immediately Cape Winds should cease renting for any period of less than seven days and rentals not advertised as such She added that an Affidavit of Compliance had been mailed on March 20 1987 Mrs Hutcherson explained that a citizen s complaint filed by Ms Eileen Razzano dated July 28 1989 (Exhibit #1) had prompted the second notice of violation to Cape Winds Inc and to all owners of record on the Brevard County Tax Roll Mrs Hutcherson submitted into evidence a receipt received from Mike Mishler Wakulla Motel Cocoa Beach Florida (Exhibit #2 Rental Receipt from Cape Winds issued to Mike Boudreau for five nights August 17-21 1988 ) She noted that this was a repeat offense and should be treated as such Discussion followed Attorney Bruce Jacobus representing Cape Winds expressed his interpretation of Section 632 01 Definitions Dwelling units noting that a definition was not a limitation He contended that the old ordinance did not provide a limitation on the length of rentals and it was his opinion that Cape Winds was grandfathered in since they had been in operation since November 1985 Discussion followed Ms Eileen Razzano testified that she stayed at Cape Winds for three nights the middle of July and when she called to make her reservations no one challenged her Discussion continued Mr Moeller moved as follows Findings of Fact Cape Winds Inc continued to rent individual units for less than the required seven-day period Conclusion of Law Cape Winds Inc was in violation of Section 645 11 and Section 637 31 of the Cape Canaveral Code of Ordinances Order That Cape Winds Inc shall comply with the afore- mentioned sections on or before September 15 1989 by taking the following action Cease and desist all operations involving the rental or lease of individual units within the Cape Winds Condo- minium for periods of less than seven consecutive days Upon complying Cape Winds Inc shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Failure to comply by September 15 1989 shall result in a fine in the amount of two hundred fifty dollars ($250) for the first day of non-compliance and two hundred fifty dollars ($250) per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of two hundred fifty dollars ($250) per day shall be imposed for each and every day the violation continues to exist Mrs Kirchofer seconded the motion Motion carried unanimously 3 Case No 89-25, Douglas Melvin, Lots 1-3 and 9-12, Block 73 Avon-By-The-Sea (6790 North Atlantic Avenue) - Violation of Section 637 51 (M) , Storage and Parking of Recreational Vehicles Code Enforcement Board Regular Meeting August 17 1989 PAGE 3 OF 4 Ms Hutcherson reported that the notice of violation to Mr Melvin had been returned unclaimed however upon receipt of the agenda Mr Melvin contacted the office Ms Hutcherson read the letter from Mr Melvin which stated that the motor home was being repaired and he expected to have the work complete in three weeks She recommended that Mr Melvin be extended the time requested Ms Benson moved as follows Findings of Fact The GMC motor home was improperly stored at 6790 North Atlantic Avenue Conclusion of Law Mr Melvin was in violation of Section 637 51 (M) of the Cape Canaveral Code of Ordinances Order Mr Melvin shall comply with the aforementioned section on or before September 8 1989 by taking the following action 1 Obtain a Special Exception for storage and parking of recreational vehicles or 2 Remove the motor home from the property Upon complying Mr Melvin shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Failure to comply by September 8 1989 shall result in a fine in the amount of two hundred fifty dollars ($250) for the first day of non-compliance and one hundred dollars ($100) per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of one hundred dollars ($100) per day shall be imposed for each and every day the violation continues to exist Mr Okell seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at 8 45 P M Approved this �+ day of ��x= r� �C 1989 Chairman Secretary Code Enforcement Board Regular Meeting August 17 1989 PAGE 4 OF 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 21 1989 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on September 21 1989 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 Donald Arabian James Okell Roy Moeller George Hutchinson Members Absent Jean Porter-Gabler First Alternate Helen Kirchofer Second Alternate Others Present Bob Hoog Mayor Pro Tem Leo Nicholas City Manager Jim Theriac City Attorney Janes Morgan Building Official Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of August 17 1989 as written Mrs Benson seconded the motion Motion carried unanimously The City Attorney swore in Ms Evelyn Hutcherson Ms Brenda Cook and Mr F D Martin COMPLIANCE HEARING 1 Case No 89-14 , Richard Gramling, d/b/a Moon Hut Restaurant Lots 9_-_11 Block 19 Avon-By he-Sea (7802 North Atlantic Avenue) !- Violation of Chapter_7_21 , Occupational License , Section 645 11 Construction and Use to be as_Provided in Applications Plan Permits and—Certificate of Occupancy, and Section 635 05 Sewer Impact_Assessment Ms Hutcherson reported that the Moon Hut Restaurant was in compliance Since the compliance date was Saturday September 3 and Monday was a holiday she respectfully requested that the fine imposed by the Board be Raived Mr Okell moved to waive the imposed fine Ms Russell seconded the motion Motion carried unanimously 2 Case No 89-20 Ms Candace Davis , Lot 127 , Harbor Heic jhts First Addition (240 _Coral Drive) - Violation of Section 639 23 , Accesso_r_y_ Structures and Section 645 23 , Building Permits Required Ms Hutcherson reported that an Affidavit of Compliance had been mailed due to the fact that Ms Davis had obtained a Building Permit and relocated the structures Code Enforcement Board Regular Meeting September 21 1989 Page 1 of 4 COMPLIANCE HEARINGS - CONTINUED 3 Case No 89-24 , Cape Winds Inc Block 50 , Avon-By-The-Sea (7400 Ridgewood Avenue)— Violation of Section 645 11 , Use Reflected on Certificate of Occupancy, and Section 637 31 , R-3 Principal Uses and Structures Ms Hutcherson reported the Mr Bruce Jacobus Attorney for Cape Winds Inc had filed a notice of appeal with the Eighteenth Judicial Circuit on the Code Enforcement Board Order dated Aucrust 17 1989 The City Attorney noted that Attorney Jacobus had also filed a Motion of Stay Discussion followed This case will be continued until litigation has been settled 4 Case No 89-25 , Douglas Melvin, Lots 1-3 and 9-12 Block 73 , Avon-By-Th_e-Sea (6790 North Atlantic Avenue) - Violation of Section 637 51_(M) Storage and Parking of Recreational Vehicles Ms Hutcherson reported that an Affidavit of Compliance had been mailed to Mr Melvin She added that the notice included a reminder of the fine imposed should the violation reoccur PUBLIC HEARINGS 1 Case No 89-19 , John Forster Lot 118 , Harbor Heights , Second Addition (332 Harbor Drive) - Violation of Section 639 23 , Accessqry Structures , and Section 645 03 Building Permits Required (Postponed August 17 , 1989) Ms Hutcherson reported that Mr Forster had obtained a Building Permit to relocate the accessory structure and requested that this case be withdrawn 2 Case No 89-26 , Raymond J Berckes President, Plaza Condominium Association and Brenda Cook Celebration, Lots 13-17 , Columbiad Plaza (221-231 Columbia Drive) - Violation of Chapter 8 Maintenance of Exit Ways , Sections 801 1 4 and 802_1 1 of the Standard Fire Prevention Code as adopted by Chapter 621 of the Cape Canaveral Code of Ordinances and Chapter 5 , Means of Egress , Sections 5-1 7 3 and 5-2 1 5 5 of the Life Safety Code as adopted by Chapter 626 of the Cape Canaveral Code of Ordinances Ms Hutcherson reported that she and the City Fire Inspector made a walk-through inspection and found that required exit doors were locked and one leaf on the two leaf doors throughout the complex had been nailed in a closed position which prevented free and unobstructed egress from all parts of the building Ms Brenda Cook Celebration stated that Installation Unlimited Company had ordered the parts and expected delivery the follow- ing week Ms Russell moved as follows Findings of Fact The required exit doors were locked and one leaf of the two leaf doors had been secured in a closed position which prevented free and unobstructed egress from all parts of the building Code Enforcement Board Regular Meeting September 21 1989 Page 2 of 4 PUBLIC HEARINGS - CONTINUED Conclusion of Law_ Plaza Condominium Association and Celebration were in violation of Sections 801 1 4 and 802 1 1 of the Fire Prevention Code as adopted by Chapter 621 of the Cape Canaveral Code of Ordinances and Sections 5-1 7 3 and 5-2 1 5 5 of the Life Safety Code as adopted by Chapter 626 of the Cape Canaveral Code of Ordinances Order That Plaza Condominium Association and Celebration shall comply with the aforementioned section of the Cape Canaveral City Code of Ordinances on or before October 1 1989 by taking the followina action Provide free and unobstructed egress from all parts of the buildings so as to be available for full instant use in case of fire or other emergency Upon complying Plaza Condominium Association and Celebration shall notify Evelyn Hutcherson or Vance Huber City Officials in writing who shall inspect the property and notify the Board of compliance Should Plaza Condominium Association and Celebration fail to comply with the above order and the Code Enforcement Officer finds that they are still in violation then a fine shall be levied in the amount of fifty dollars ($50 00) for the first day (October 3 1989) and fifty dollars ($50 00) per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of fifty dollars ($50 00) per day shall be imposed for each and every day the violation continues to exist Mr Okell seconded the motion Motion carried unanimously 3 Case No 89-27 , Alan Katz_ Lots 4 an_d 5, Block 67 , Avon-By- The-Sea (315 Buchanan Avenue) - Violation of Section 673 06 Unlawful Accumulation Ms Hutcherson reported that maintenance personnel of the Sea Moon Apartments had placed palm fronds and other debris on adjacent property Ms Hutcherson stated she had discussed this matter with Mr Katz on several occasions and obtained a cost of the removal of the debris from Western Waste However in a City clean up effort Western Waste removed the palm fronds from the property Ms Hutcherson submitted pictures of the palm fronds before and after the removal Discussion followed Ms Russell moved as follows Findings of Fact Palm fronds and other debris were placed on adjacent property by -maintenance personnel Conclusion of Law Mr Alan Katz was in violation of Section 673 06 of the Cape Canaveral Code of Ordinances Code Enforcement Board Regular Meeting September 21 1989 Paae 3 of 4 PUBLIC HEARINGS - CONTINUED Order_ That Mr Katz shall comply with the aforementioned section of the Cape Canaveral City Code of Ordinances on or before September 28 1989 by taking the following action Clear the area of the remainina debris Upon complying Mr Katz shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Should Mr Katz fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then a fine shall be levied in the amount of fifty dollars ($50 00) for the first day (September 28 1989) and fifty dollars ($50 00) per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of fifty dollars ($50 00) per day shall be imposed for each and every day the violation continues to exist Ms Benson seconded the motion Motion carried unanimously ADD ON ITEM Ms Hutcherson stated that Mr F D Martin had requested that Case No 89-18 be added to the agenda for disucssion Mr Arabian moved to add this item to the agenda Mr Okell seconded the motion Motion carried unanimously 1 Case No 89-18 Mr F D Martin Lot 38 Harbor Heights , Third Addition (382 Coral Drive) - Violation of Section 639 23 , Accessory Structures , and Section 645 03 , Building Permits Required Mr Martin stated that he had obtained a Building Permit to relocate the accessory structure He asked the Board for an extension on his compliance date since he was having problems finding a company to do the work Discussion followed Mr Arabian moved to extend the compliance date of the Code Enforcement Board Order from October 18 1989 until November 17 1989 Ms Russell seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at 8 45 P M Approved this _( day of 60& e.4- _ 1989 Aa� Chairmag NA Secretary Code Enforcement Board Regular Meeting September 21 1989 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 19 1989 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on October 19 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Vice Chairman Russell called the meeting to order at 7 30 P M The Secretary called the roll Members Present Mary Russell Vice Chairman Donald Arabian James Okell Roy Moeller George Hutchinson Members Absent Charles Stenglein Chairman Jeanne Benson Jean Porter-Gabler lst Alternate Helen Kirchofer 2nd Alternate Others-Present Mitch Goldman City Attorney Leo Nicholas City Manager James Morqan Buildina Official Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr Okell moved to approve the minutes of September 21 1989 as written Mr Hutchinson seconded the motion Motion carried unanimously Mr Okell moved to set the next Board meeting date for December 7 1989 Mr Hutchinson seconded the motion Motion carried unanimously The City Attorney swore in Ms Evelyn Hutcherson COMPLIANCE HEARINGS 1 Case No 89-26G,_Raymond_ _J Berckes , President , Plaza C_o_ndominium Association and Brenda Cook Celebration Lots 13-17 , Columbiad Plaza (221-231 Columbia Drive) - Violation of_C_hapter 8 ,_Maintenance of Exit Ways Sections 802 1 1 and 802 1_1 of the _Standard Fire Prevention_ Code as adopted Chapter_ 621 of _ the _Cape Canaveral Code^of Ordinances and Chapter 5 Means of gess _ Sections 5-1 7 3 and 5-2 1 5 5 of the_Life Safety Code as adopted by Chapter 626 of the Cape Canaveral Code of Ordinances Ms Hutcherson reported that the City Fire Inspector inspected the fire exit doors and reported them to be in compliance She added that an Affidavit of Compliance had been mailed to Mr Berckes and Ms Cook 2 Case No_ 89-27 ,—Alan Katz Lots 4 and 5 _Block -67 , Avon-By- The-Sea_(315 Buchanan Avenue) - Violation of Section 67_3 06 Unlawful Accumulation Ms Hutcherson reported that this case was in compliance Code Enforcement Board Regular Meeting October 19 1989 Page 1 of 2 PTJBL--'- HEAPI113S I :ase 10 89-28 7uscara Irternatlonal Inc Pola1 Vans-ors ?esort Parcel 753 Sectior 1A -''ogrshlp 24 5outi, Oanae 3- East (861 8b10 and 86-" pidae400d - ,7epie) - Violation of �ectlor b45 11 ase Pcf�ccted on Cert-Lt-cate of Oc_ucanc and Sec}ior -)3- 31 T?-3 �rlrcica_ TseS ara Strl-ctures� C-tZ -tto_ne ; 11_1-c^ cldwa- 11Taa- Faccara Internat-cra- inc Ro7al �1arsions kesorr -,aa tiled fcr 2,=claratcr udje-ert ,D-scusslcn fols.oT ed Tr-s vase -,..11 ce ccntlrued -nt-Ll 1-tlzration pias n en sett-ea TTET B .SINESS 1 Election of Off_cers Sinc- all Board -a-bc-rs Gcrc no, present Mrs Fi-sse_i suaaested nostpcn_na this Ite- The Boma e-^b is present corcuired STkmJS REPORT 1 Case To 8--08 X21 torp-zaticn Wesley R1rbZ Poiyres_3r Pai-s zpai t-~ents 250 1lcnroe P eni.e -'rc Hutcterson rcperzed finis -ase gas closed and the Citv did nor p e,, a-1 Ine rIrci.it C^uL t O-Jer _ndlcated t'aat 12_ Corporat_on rias coli--aered cr- anafatrerect In Disc lsslon tnilowed There ceina no further buz-tress -eet�na Pas ad ourned at 7 45 P 11 -.p-proved this day of 1 C 198 � _nai.-an Secretary Code Enforcement Board Peau-Lar Meetlnct October -9 198Q Paac 2 of 2 0 PUBLIC HEARINGS 1 . Case No . 89-28 , Fuscana International , Inc . Royal Mansions Resort , Parcel 753 , Section 14. Township 24 South, Range 37 East (8600 , 8610 and 8620 Ridgewood Avenue) - Violation of Section 645 . 11 Use Reflected on Certificate of Occupancy, and Section 637 . 31 , R-3 , Principal Uses and Structures City Attorney Mitch Goldman reported that Fuscana International , Inc . Royal Mansions Resort had filed for Declaratory Judgement . Discussion followed. This case will be continued until litigation has been settled. NEW BUSINESS 1 . Election of Officers Since all Board members were not present , Mrs . Russell suggested postponing this item. The Board members present concurred. STATUS REPORT 1 . Case No. 87-08 , 121 Corporation, Wesley Kirby, Polynesian Palms Apartments , 250 Monroe Avenue Mrs . Hutcherson reported this case was closed and the City did not prevail . The Circuit Court Order indicated that 121 Corporation was considered Grandfathered in. Discussion followed. There being no further business , the meeting was adjourned at 7 : 45 P .M. t � Approved this I day of _ be(1. _, 1989 . Chairman ' --I)(-Wan �.kO n --- Secretary Code Enforcement Board Regular Meeting October 19 , 1989 Page 2 of 2 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 7 1989 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on December 7 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairman Stenalein called the meeting to order at 7 30 P M The Secretary called the roll Members Present Charles Stenglei.n Chairman Mary Russell Vice Chairman Jeanne Benson James Okell Roy Moeller Georae Hutchinson Helen Kirchofer 2nd Alternate Members Absent Jean Porter-Gabler 1st Alternate Others Present Leo Nicholas City Manaqer Mitch Goldman City Attorney Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of October 19 1989 as submitted Mr Okell seconded the motion Motion carried unanimously It was noted that the next Code Enforcement Board meeting would be held on January 18 1990 COMPLIANCE HEARINGS 1 Case No 89-18 , F D Martin Lot 28 , Harbor Heights , Third Addition (382 Coral Drive) - Violation of Section 639 23 Accessory Structure and 645 03 Building Permits Required Ms Hutcherson reported that a building permit was issued and a final inspection was made finding the accessory structure in compliance PUBLIC HEARINGS 1 Case No 89-29 _ Bruce Taylor, DBA Auto Stock Exchange , Parcel 778 , (8699 Astronaut Boulevard) - Violation of Section 637 51 (K) Special Exceptions Permissible By Board of Adjustment, and Special Exception No 85-17 Ms Hutcherson reported that the Board of Adjustment approved Mr Taylor s request for a special exception for Auto Sales and Rentals with the following restrictions (1) Maximum of 100 autos at any one time (2) Installation of permanent fence (3) No parking within the eastern 25 feet of the required front setback and (4) To be used for wholesale auto sales only and not for auto rentals She submitted the special exception request as Exhibit 1 Code Enforcement Board Regular Meeting December 7 1989 Page 1 of 10 PUBLIC HEARINGS - CONTINUED Photographs taken on June 10 1989 showina several vehicles parked in the right-of-way were submitted as Exhibit 2 A certified letter was mailed to Mr Taylor advising him of the conditions of the special exception (Exhibit 3) Mrs Hutcherson noted that Mr Taylor continued to park vehicles for sale within the required front set back and a violation notice was mailed on November 6 1989 (Exhibit 4) A photograph was taken of vehicles parked in the right-of-way on November 21 1989 (Exhibit 5) She further reported that photographs were taken on December 5 1989 which depict the required 25 foot front setback (approximately 3 1/2 feet eastward from the fence) and vehicles parked in the setback (Exhibit 6) Mr Taylor asked to review the exhibits He stated that if he had to comply with the 25 foot setback it would be a hardship The City Attorney sugaested he ao back to the Board of Adjustment for possible granted relief Discussion followed Mrs Russell moved as follows Findings of Fact The vehicles parked within the required 25 foot front setback were a violation of the restrictions of the special exception granted by the Cape Canaveral Zoning Board of Adjustment Conclusion of Law Mr Taylor was in violation of Section 637 51M Special Exceptions Permissible by Board of Adjustment of the Cape Canaveral Code of Ordinances and Special Exception No 85-17 Order That Mr Taylor shall comply with the Cape Canaveral City Code of Ordinances on or before February 22 1990 by taking the following action 1 Request relief through the Board of Adjustment to allow parking within the required front setback or 2 Cease parking vehicles in the required front setback Upon complying Mr Taylor shall notify Evelyn Hutcherson a City Official in writina who shall inspect the property and notify the Board of compliance Should Mr Taylor fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then a fine shall be levied in the amount of $25 00 for the first day (February 23 1990) and $25 00 per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $25 00 per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson seconded the motion Motion carried unanimously 2 Case No 89-30 , Frederick L Eady, DBA Aircraft Electronics (222 Jackson Avenue) - Violation of Florida Statute 205 Local Occupational License Taxes , and Section 721 05 , License Required, Payment of Tax Prerequisite to Issuance and Section 721 11 , Unlawful to Engage in Business , etc Without License 5 Case No 89-33 , David R S adden DBA E B S Emergency Board-up Service (8850 Brown Circle) - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc , Without License Code Enforcement Board Regular Meeting December 7 1989 Page 2 of 10 PUBLIC HEARINGS - CONTINUED 8 Case No 89-36 , Doug Rose & Associates , DBA Galley Slave (8885 North Atlantic Avenue) - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section 721 05 , License Require, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to Engage in Business , etc , Without License 11 Case No 89-39 , Manfred Herden (210 International Drive) - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section 721 05 , License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to Engage in Business , etc , Without License 12 Case No 89-40, Frank T Kelsall , DBA Frank T Kelsall Electric (8850 Brown Circle) - Violation of Florida Statute 205, Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to Engage in Business , etc Without License 14 Case No 89-42 , Leon M Newman DBA National General enterprises/National General Realty (7001 North Atlantic Avenue) - Violation of Florida Statute 205 Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc Without License 17 Case No 89-45 , Douglas S Melvin, DBA Resort Shops of Cape Canaveral (6790 North Atlantic Avenue) - Violation of Florida Statute 205 , License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11, Unlawful to Engage in Business etc , Without License The Board addressed all the aforementioned cases at one time Ms Hutcherson reported that renewal notices were mailed to the aforementioned businesses prior to the end of their license year Delinquent notices were mailed on October 13 1989 Notices of Violation were mailed on November 15 1989 with a compliance date of November 29 1989 Mrs Hutcherson advised that none of the aforementioned businesses had renewed their licenses Discussion followed Mr Moeller moved as follows Findings of Fact That the aforementioned individuals were engaged in business in the City of Cape Canaveral and had not renewed their occupational licenses Conclusion of Law The aforementioned cases were in violation of Florida Statute 205 Local Occupational License Taxes and Sections 721 05 License Required Payment of Tax Prerequisite to Issuance and 721 11 Unlawful to Engage in Business etc Without License of the Cape Canaveral Code of Ordinances Order That the aforementioned individuals shall comply with the Cape Canaveral City Code of Ordinances on or before January 11 1990 by taking the following action 1 Obtain an occupation license or 2 Cease operating a business within the City of Cape Canaveral Upon complying the aforementioned individuals shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Code Enforcement Board Reqular Meeting December 7 1989 Page 3 of 10 PUBLIC HEARINGS - CONTINUED Should the aforementioned individuals fail to comply with the above order and the Code Enforcement Officer finds that they are still in violation then a fine shall be levied in the amount of $50 00 for the first day (January 12 1990) and $25 00 per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $250 00 per day shall be imposed for each and every day the violation continues to exist Mrs Benson seconded the motion Motion carried unanimously 3 Case No 89-31 , Richard Vizenfelder, DBA Atlantic Steam Cleaning (109 Garden Beach Lane) - Violation of Florida Statute 205, Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business etc Without License Ms Hutcherson reported that a renewal notice was mailed to Mr Vizenfelder prior to the end of the license year A delinquent notice was mailed on October 13 1989 A notice was mailed on November 15 1989 with a compliance date of November 29 1989 Mr Vizenfelder had advised Mrs Hutcherson that he was going out of business the first of the year Mrs Hutcherson noted that since he was in business on September 30 1989 he should be found in violation Discussion followed Mr Hutchinson moved as follows Finding of Fact That Mr Vizenfelder was engaged in business in the City of Cape Canaveral and had not renewed his occupational license Conclusion of Law Mr Vizenfelder was in violation of Florida Statute 205 Local Occupational License Taxes and Section 721 05 License Required Payment of Tax Prerequisite to Issuance and Section 721 11 Unlawful to Engage in Business etc Without License of the Cape Canaveral Code of Ordinances Order That Mr Vizenfelder shall comply with the Cape Canaveral City Code of Ordinances on or Before January 11 1990 by taking the following action 1 Obtain an occupational license Upon complying Mr Vizenfelder shall notify Evelyn Hutcherson a City Official in writing who will inspect the property and notify the Board of Compliance Should Mr Vizenfelder fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then a fine shall be levied in the amount of $50 00 for the first day (January 12 1990) and $25 00 per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $250 00 per day shall be imposed for each and every day the violation continues to exist Mrs Kzrchofer seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting December 7 1989 Page 4 of 10 PUBLIC HEARINGS - CONTINUED 4 Case No 89-32 , Joseph J Visile, DBA Big Dad Carpet Cleaning (109 Lincoln Avenue) - Violation of Florida Statute 205, Local Occupation License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 Unlawful to Engage in Business , etc Without License Ms Hutcherson reported that a renewal notice was mailed to Mr Visile prior to the end of his license year A delinquent notice was mailed on October 13 1989 A notice of violation was mailed on November 15 1989 with a compliance date of November 29 1989 Mr Visile had informed Mrs Hutcherson that he would obtain his license by December 15 1989 Discussion followed Mr Okell moved as follows Findings of Fact Mr Visile was engaged in business in the City of Cape Canaveral and has not renewed his occupational license Conclusion of Law Mr Visile was in violation of Florida Statue 205 Local Occupational License Taxes and Section 721 05 License Required Payment of Tax Prerequisite to Issuance and Section 721 11 Unlawful to Engage in Business etc Without License of the Cape Canaveral Code of Ordinances Order That Mr Visile shall comply with the Cape Canaveral City Code of Ordinances on or before January 11 1990 by taking the following action 1 Obtain an occupational license Upon complying Mr Visile shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Should Mr Visile fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then a fine shall be levied in the amount of $50 00 for the first day (January 12 1990) and $25 00 per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the code Enforcement Officer a fine of $250 00 per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson seconded the motion Motion carried unanimously 10 Case No 89-38 , John K Gray (222 Adams Avenue) - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to Engage in Business , etc , Without License Ms Hutcherson reported that a renewal notice was mailed to Mr Gray prior to the end of his license year A delinquent notice was mailed on October 13 1989 A notice of violation was mailed on November 15 1989 with a compliance date of November 29 1989 She further noted that this was a second offense (Code Enforcement Case No 88-09) Ms Hutcherson submitted the Board Order from that case (Exhibit 1) which was for the same violation She added that he would not renew his license until it was brought before the Board Discussion followed Code Enforcement Board Regular Meeting December 7 1989 Page 5 of 10 PUBLIC HEARINGS - CONTINUED Findings of Fact John R Gray was operating a business without an occupational license Conclusion of Law Mr Gray was in violation of Florida Statute 205 Local Occupational License Taxes and Section 721 05 License Required Payment of Tax Prerequisite to Issuance and Section 721 11 Unlawful to Engage in Business etc Without License of the Cape Canaveral Code of Ordinance Order That Mr Gray shall comply with the Cape Canaveral City Code of Ordinances on or before January 11 1990 by taking the following action 1 Obtain an occupational license Upon complying Mr Gray shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Should Mr Gray fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then a fine shall be levied in the amount of $50 00 for the first day (January 12 1990) and $25 00 per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $250 00 per day shall be imposed for each and every day the violation continues to exist Mr Okell seconded the motion Motion carried unanimously 22 Case No 89-50, M G Thomas , DBA Cape Central/M G Thomas (145 Central Boulevard) - Violation of Florida Statute 205 Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to Engage in Business , etc , Without License Ms Hutcherson reported that Mr Thomas paid for his occupational license on September 26 1989 however he did not have a current brokers license which is required prior to issuance By a letter dated September 20 1989 (Exhibit 1) Mr Thomas was advised that he would be subject to a penalty on the license fee if he did not furnish a copy of his brokers license by November 15 1989 A notice of violation was mailed to Mr Thomas on November 15 1989 She further reported that Mr Thomas came into the office on November 20 1989 with his brokers license however he refused to pay the 15% penalty of $9 37 She added that the brokers license was dated September 10 1989 Mrs Hutcherson recommended that Mr Thomas doing business as Cape Central be found in violation and be required to pay the 15% penalty Attorney Goldman suggested that the payment be returned to Mr Thomas as soon as possible Discussion followed Mr Hutchinson moved as follows Findings of Fact That M G Thomas d/b/a Cape Central was operating a business without an occupational license Conclusion of Law Mr Thomas was in violation of Florida Statute 205 Local Occupational License Taxes and Section 721 05 License Required Payment of Tax Prerequisite to Issuance and Section 721 11 Unlawful to Engage in Business etc Without License of the Cape Canaveral Code of Ordinances Code Enforcement Board Regular Meeting December 7 1989 Page 6 of 10 PUBLIC HEARINGS - CONTINUED Order That Mr Thomas shall comply with the Cape Canaveral City Code of Ordinances on or before January 11 1990 by taking the following action 1 Obtain an occupational license Upon complying Mr Thomas shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of Compliance Should Mr Thomas fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then a fine shall be levied in the amount of $50 00 for the first day (January 12 1990) and $25 00 per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $250 00 per day shall be imposed for each and every day the violation continues to exist Mrs Benson seconded the motion Motion carried unanimously 6 Case No 89-34 , David R Smith and Birgit D Korth, DBA Executive Design (8714 Croton Court) - Violation of Florida Statute 205, Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to En age in Business , etc , Without License 7 Case No 89-35, David R Smith, DBA Executive Design (Subcontractor) (8714 Croton Court) - Violation of Florida Statute 205, Local Occupational License Taxes, and Section 721 05 , License Required, Payment to Tax Prerequisite to Issuance , and Section 721 11, Unlawful to Enaa a in Business , etc , Without License 9 Case No 89-37 , James L Greenfield (8700 Commerce Street) - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance and Section 721 11 , Unlawful to Engage in Business , etc , Without License 13 Case No 89-41 , Michael Carretta and Ron Barker, DBA Micron Painting Services (221 Columbia Drive) - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section 721 05 License Required, Payment of Tax Prerequisite to Issuance and Section 721 11 , Unlawful to Engage in Business , etc , Without License 15 Case No 89-43 , Edward A Sikor, Angel A Pardo, Eric Mickelson and Jerry Taylor, DBA Noel Specialties (105 Garden Beach Lane) - Violation of Florida Statute 205 Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc , Without License 16 Case No 89-44 , Gerald Petriccione, DBA Gerald Petriccione & Associates (7515 Ridgewood Avenue) - Violation of Florida Statute 205, Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc , Without License Code Enforcement Board Regular Meeting December 7 1989 Page 7 of 10 PUBLIC HEARINGS - CONTINUED 18 Case No 89-46 , Orion Group, DBA Security Insurance Company of hartford/Orion Group, Inc - Violation of Florida Statute 205 , Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc Without License 19 Case No 89-47 , Barbara Drew DBA S acecoast Florida Marketing (531 Harrison Avenue) - Violation of Florida Statute 205 , Local Occupation License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to Engage in Business , etc , Without License 20 Case No 89-48 , Stan Paski DBA Stan s Body Shop (102 Columbia Drive) - Violation of Florida Statute 205 Local Occupational License Taxes , and Section 721 05 , License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc , Without License 21 Case No 89-49 , Kerry Garrison DBA Sunshine State Hot Air Corps (530 Adams Avenue) - Violation of Florida Statute 205 , Local Occupation License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to Engage in Business , etc Without License 23 Case No 89-51 , Barbara and Dan Drew, DBA Tour-Rific Tours and Receptive Services (531 Harrison Street) - Violation of Florida Statute 205, Local Occupational License Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business etc , Without License Ms Hutcherson reported that the above cases were in compliance 24 Case No 89-52 , Alan Katz , Lot 12 , Block 36 , (114 Tyler Avenue) - Violation of Section 509 11 Numbers to be Posted Dimensions, Coloration 26 Case No 89-54 , Ms B J Muhs , Lot 10, Block 37 , (206 Tyler Avenue) - Violation of Section 509 11 , Numbers to be Posted Dimensions Coloration 27 Case No 89-55, Audrey Nachison, Lot 11 , Block 37 , (208 Tyler Avenue) - Violation of Section 509 11 , Numbers to be Posted, Dimensions, Coloration 27a Case No 89-56 , N Patricia Harris , Lot 8 , Block 70 , (227 Lincoln Avenue) - Violation of Section 509 11 Numbers to be Posted Dimensions Coloration 31 Case No 89-60, Kevin L Clew, Lots 1 and 2 , Block 66 , (205 Buchanan Avenue) - Violation of Section 509 11 Numbers to be Posted, Dimensions , Coloration Ms Hutcherson reported that the above property owners were notified to post house numbers on their buildings Notices of Violation were mailed on November 3 1989 with a compliance date of November 27 1989 She added that to date these cases had not complied Discussion followed Mrs Russell moved as follows Findings of Fact That the aforementioned property owners had not posted house numbers on their buildings Code Enforcement Board Regular Meeting December 7 1989 Page 8 of 10 PUBLIC HEARINGS - CONTINUED Conclusion of Law The aforementioned property owners were in violation of Section 509 11 Numbers to be Posted Dimensions Coloration of the Cape Canaveral Code of Ordinances Order It was the Order of this Board that the aforementioned property owners shall comply with the Cape Canaveral City Code of Ordinances on or before January 11 1990 by taking the following action 1 Post numbers on building in a manner to be clearly visible and distinguishable from the street Such numbers shall be a minimum of three (3) inches in height and one-half (1/2) inch in width Upon complying the aforementioned property owners shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Should the aforementioned property owners fail to comply with the above order and the Code Enforcement Officer finds that they are still in violation then a fine shall be levied in the amount of $50 00 for the first day (January 13 1990) and $25 00 per day thereafter for each and every day until brought into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $100 00 per day shall be imposed for each and every day the violation continues to exist Mrs Benson seconded the motion Motion carried unanimously 25 Case No 89-53 Tides Inn Condominium Lot 11 Block 72 (421 Lincoln Avenue) - Violation of Section 509 11 Numbers to be Posted, Dimensions, Coloration Ms Hutcherson respectively requested that this item be tabled since she was scheduled to meet with Mr Vogue on Monday who was presently out of town Mr Hutchinson moved to table this case Mrs Russell seconded the motion Motion carried unanimously 28 Case No 89-57 , Virginia G Downing, Lot 5, Block 38 , (307 Harrison Avenue) - Violation of Section 509 11 , Numbers to be Posted, Dimensions , Coloration 29 Case No 89-58 , Gladys Ann Moore, Lot 1, Block 23, (501 Madison Avenue) - Violation of Section 509 11 , Numbers to be Posted Dimensions Coloration 30 Case No 89-59 , James E Shively, Lot 2 , Block 23 , (505 Madison Avenue) - Violation of Section 509 11 , Numbers to be Posted, Dimensions, Coloration Ms Hutcherson reported that the above cases were in compliance NEW BUSINESS 1 Election of Officers Mr Moeller nominated Charles Stenglein as Chairman and Mary Russell as Vice Chairman Mr Okell seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting December 7 1989 Page 9 of 10 STATUS REPORT 1 Case No 86-31 , Henry Lemerise , Design Air Ms Hutcherson reported that the Lien in the amount of $1 000 had been satisfied and Mr Lemerise was in compliance There being no further business the meeting was adjourned at 9 10 P M Approved this i 8}� day of �Ta=LL � t :989�- Chairman 75unasn L Klo-Lc�n Secretary Code Enforcement Board Regular Meeting December 7 1989 Page 10 of 10