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Home My WebLink AboutCEB 1990 Minutes CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 18 1990 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on January 19 1990 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairman Stenqlein called the meeting to order at 7 30 P M The Secretary called the roll Members-Present Charles Stenalein Chairman Mary Russell Vice Chairman Jeanne Benson James Okell George Hutchinson Jean Porter-Gabler 1st Alternate Helen Kirchofer 2nd Alternate Members Absent Roy Moeller Others Present Leo Nicholas City Manager Mitch Goldman City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Klevina Code Enforcement Officer Raymond Fox Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson requested that the minutes of December 7 1989 be amended to reflect that he made the motion in Case Number 89-38 Ms Hutcherson explained that motion in Case Nos 89-52 89-54 89-55 89-56 and 89-60 stated that January 12 1990 as the first day the fine was to be levied however due to a typo the Board Orders depicted January 13 1990 as the date Discussion followed Mr Hutchinson moved to amend the date to read January 13 1990 Ms Benson seconded the motion Motion carried unanimously Mr Hutchinson moved to approve the minutes as corrected Ms Benson seconded the motion Motion carried unanimously It was noted that the next Code Enforcement Board meeting would be held on February 22 1990 The City Attorney swore in Evelyn Hutcherson Code Enforcement Officer COMPLIANCE HEARINGS 1 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 Prereq isite to Issuance— and Section ssuance_andSection721 11 Unlawful to Engage in Business - etc - Without etc _Without License Ms Hutcherson reported that she had no response from Mr Eady and that the fine was in effect Code Enforcement Board Regular Meeting January 18 1990 Page 1 of 4 2 Case No 89_-31 _Richard_ Vizenfelder DBA Atlantic Steam Cleaning (_1_09_ Garden Beach Lane) - Violation_of Florida Statute 205 Local Occupational_ License Taxes , and Section 721_05 , _ Lice_nse_ Required, Payment of Tax P_rerequisite_to Issuance_ and _Section 721 _11Unlawful to Engage in Business �etc _,_Without License Ms Hutcherson reported that Mr Vizenfelder was in business after the Occupational License fee was due However he was no lonaer in business Discussion followed Mr Okell moved to remove the accumulative penalty of the Board Order on December 7 1989 However if Mr Vizenfelder was found continuina business as Atlantic Steam Cleanina then the penalty would be effective as to the oriainal order Mrs Russell seconded the motion Motion carried unanimously 3 Case _No _ 89-32 o _ Jsen_h Visile_ J _ Visile _ DBA Big _Dad Carpet Cleaninq_ (109 Lincoln Avenue) - Violation of Florida Statute 205 ,_ Local Occupational License __Taxes and Section 721 05 _License Rees wired, _Payment of _Tax Pre_re gisi.te to Issuance_ and Section 721 11 Unlawful to Engage in Business etc Without License Ms Hutcherson reported that Mr Visile paid for his Occupational License However he could not afford the required insurance and respectively requested that the Board arant him a 30 day extension to seek adequate insurance Mrs Russell moved to grant Mr Visile until February 16 1990 to obtain adequate insurance Mr Okell seconded the motion Motion carried unanimously 4 Case No _89-33 David _R Spadd_en DBA E B S Emergency Board-up Service ( 8850 Brown Circle)_ - 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 5 Case No 89-36 Doug Rose _ & Associates_ DBA Galley Slave ( 8885 North Atlantic Avenue) - Violation Viola_tion of Florida Statute 205 Local Occupation__Lic_ense__Taxes and Section 721 05, License_Requlred_,_ _Pa�ment_of Tax Prerequisite to Issuance and _S_e_cti.o_n_721_11 Unlawful to Encrage in Business etc_ Without License 7 Case No 89-39 Manfred Herden (201 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 8 Case No 89-40 Frank T K_elsall _ 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 Ms Hutcherson reported that the above cases where no longer in business in the City of Cape Canaveral as of September 30 1989 6 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 Prereouisit_e to Issuance and Section 721 11 , Unlawful to Engage in Business etc _ Without License Code Enforcement Board Regular Meeting January 18 1990 Page 2 of 4 Ms Hutcherson reported that Mr Gray paid for his Occupational License and submitted his Surety Bond prior to the compliance date However his insurance was received after the compliance date and did not meet the minimum requirements Ms Hutcherson further stated that Mr Gray was in the process of increasing the limit to meet City requirement Ms Hutcherson respectively requested an extension of the compliance date Mrs Russell moved to extend Mr Gray s compliance date to February 16 1990 Mr Hutchinson seconded the motion Motion carried unanimously 9 Case No —A9-42,, Leon M Newman,_ _DBA _National_ General Enterprises/National General _Realty_ (7001 _North Atlantic Avenue) - -Violation of Florida Statute_ 205 Local Occupation License _ Taxes and _ Secti_on 721 05 , License Required Payment of Tax Prerequisite to Is_sua_nce and Section 721_11 Unlawful to Engage in Business etc without License Ms Hutcherson reported that Leon M Newman was in compliance 10 Case No 89-45, Douglas S Melvin, DBA Resort Shops of Cie Canaveral (67_90_N_o_rth _Atlantic _ Avenue)— - Violation of Florida Statute 205 ,_ Local OccupationalLicenseTaxes , and Section__721 05 License Required, _Payment of Tax Prerequisite to Issuance, and Section 721 11 Unlawful to E_ ng_age in Business , etc Without License Ms Hutcherson reported that Douglas S Melvin paid his Occupational License fee on January 12 1990 which was one day after his compliance date Ms Russell moved to accept payment on the date received with no penalty imposed and find Mr Melvin in compliance Mr Hutchinson seconded the motion Motion carried unanimously 11 Case No 89-50,_M G Thomas_ DBA Cape Central/ M G Thomas (1_45 Central Boulevard) - Violation of Florida Statute 205_ Local Occqpational _ License_ _Taxes and Section 721 05 License Re�cuired, _ Payment_of Tax_Prerequisi_te to Issuance and Section 721 11 Unlawful to _Engage_ in_B_usine_ss _ etc__ Without License Ms Hutcherson reported that the penalty had been paid 12 Case No 89-52 Alan Katz _ Lot_ 12 _ Block_ _ 36 — ( 206 Tyler Avenue) _ _Violation of Section 509 11 Numbers- to- be Posted, Dimensions , Coloration 15 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 Ms Hutcherson reported that house numbers were posted on the above two cases and properties were in compliance 13 Case_ No 89-54 ,__Ms_ B J Mu_hs , Lot 10 Block 37 , (206 Tyler Avenue) -_V_iolation of Section 509 11 Numbers to be Posted, Dimensions , ra Colotion ^ 14 Case _No__ 89-55_ Audrey_ Nachi_son, Lot 11 Block 37 (208 Tyler_Avenue) -_Violation of Section 5_0_9 11, Numbers to be Posted,_Dimensions Coloration Ms Hutcherson reported that numbers were not posted on the above two cases and notices of violations would be mailed indicating the fine as accumulated Code Enforcement Board Regular Meeting January 18 1990 Page 3 of 4 16 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 numbers were not posted and notice of violation would be mailed indicating the fine as accumulated In addition she noted that a for sale sign was posted on the property and requested that a lien be placed on the property Mrs Russell moved to instruct the City Attorney to place a lien on the property effective Monday January 22 1990 Mr Hutchinson seconded the motion Motion carried unanimously PUBLIC HEARINGS 1 Case No _ 89-53 , Tides Inn Condominium, Lot 11 , Block 72 (421 Lincoln Avenue) - Violation of Section 5_09 11 , Numbers_ to be Posted, Dimensions Coloration Ms Hutcherson reported that numbers were posted and that the property was in compliance At this time Ms Hutcherson introduced Mr Thomas Kleving and Mr Raymond Fox to the Board members and explained that they would be presenting cases to the Board in the future There being no further business the meeting was adjourned at 8 05 P M Approved this o�a - _ day of 1990 Chairman Se�Cr7 Code Enforcement Board Regular Meeting January 18 1990 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING FFBRUARY 22 , 1990 A Regular Meeting of the Code Fnforcement Board of the City of Cape Canaveral, Florida, was held on February 22, 1990 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida Chairman Stenglein called the meeting to order at 7 30 P M The Secretary called the roll Members Present Charles Stenglein Chairman Mary Russell Vice Chairman Jeanne Benson James Okell George Hutchinson Roy Moeller Jean Porter-Gabler 1st Alternate Members Absent Helen Kirchofer 2nd Alternate Others Present Joy Salamone Mayor Leo Nicholas City Manager Mitch Goldman City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Angel Taylor Secretary Mr Hutchinson moved to approve the minutes of January 18, 1990 as presented Ms Benson seconded the motion Motion carried unanimously It was noted that the next Code Enforcement Board meeting would be held on March 22 1990 The City Attorney swore in Evelyn Hutcherson, Code Enforcement Officer Mr Anthony Woodell and Mr Doug Cochran COMPLIANCE HEARINGS 1 Case No 89-29, Bruce Taylor, d b a , Auto Stock Exchanqe, Parcel 778, Section 15, Township 24 South, Range 37 East 8699 Astronaut Boulevard - Violation of Section 637 51 (K) , Special Exceptions Permissible By Board of Adjustment, and Special Exception No 85-17 Mrs Hutcherson reported that Mr Taylor was found in Violation of Section 637 51 (K) by not following the requirements set forth by Special Exception No 85-17 She further noted that Mr Taylor had requested relief throuqh the Board of Adjustment which was scheduled to hear the case on February 26, 1990 Mrs Hutcherson recommended this case be tabled until the March 22, 1990 meeting Mrs Russell moved to table Case No 89-29 until March 22, 1990 Motion seconded by Mr Hutchinson Motion carried unanimously Code Enforcement Board Regular Meeting February 22 1990 Page 1 of 4 PUBLIC HEARINGS 1 Case No 90-01 , Trent S Milliken, Lot 2, Block 21 , Avon- BY-The-Sea 307 Madison Avenue - Violation of Section 701 06, Bees and Beehives Prohibited Section 641 07, Per- mitted Home Occupations, and Section 64179, Home Occupation Requirements, Paragraphs B (C) , and F Mrs Hutcherson reported that this was the third time that Mr Milliken had been brought before the Code Enforcement Board and presented the following as Fxhibi.ts #1-10 Order , dated August 31 , 1984 Order Imraosing Penalty, dated December 27, 1984 Pictures of 307 Madison Avenue Minutes of the March 19, 1987 Code Enforcement Board Meeting Letter of October 5, 1989 , advising Mr Milliken the City had enacted an Ordinance prohibiting the raising of bees Letter of November 14, 1989, confirming a telephone conversation wherein Mr Milliken agreed to remove the beehives from the City before the end of the year Notice of Violation dated January 22, 1990 Pictures of Eberwein Road Hives and 307 Madison Avenue, taken on February 15, 1990 and, February 22, 1990 Mrs Hutcherson further reported that she had personally observed Sue Bee Honey Tractor Trailers loading barrels of honey from 307 Madison Avenue on August 15, 1989 and January 5, 1990 Discussion followed Mr Anthony Woodell, resident of 300 Monroe Avenue, Casa Canaveral Condominiums, testified he had personally observed bees coming from Mr Milliken's property and had been stung The City Attorney swore in Mr Paul Berner, President of the Owner ' s Association at Casa Canaveral Condominiums Mr Berner testified that the bees were a nuisance to residents of the condominium and he had also observed bees going and coming from Mr Milliken's property Discussion followed Mrs Russell moved as follows Finding of Fact That there were beehives at 307 Madison Avenue, and active/working hives were located on property north of Villages of Seaport and two shipments of honey have been transported from 307 Madison Avenue Conclusion of Law That Mr Milliken was in violation of Section 701 06, Section 641 07, and Section 641 09 Paragraphs B, r, and F of the Cape Canaveral Code of ordinances Order That Mr Milliken shall comply with the Cape Canaveral Code of Ordinances on or before March 15 1990 by taking the following action 1 Remove all beehives located within the City Limits of Cape Canaveral 2 Cease manufacturing and shipping barrels of honey at 307 Madison Avenue Upon complying Mr Milliken shall notify Evelyn Hutcherson a City Official, in writing, who shall .inspect the property and notify the Board of compliance Should Mr Milliken 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 two hundred dollars ( $200 00) for the first day (March 16, 1990) and one hundred seventy-five ( $175 00) for each and Code Enforcement Board Regular Meeting February 22 , 1990 Page 2 of 4 every day the violation exists and continues to exist at 307 Madison Avenue and the property north of Villages of Seaport past the date of March 16, 1990 Ms Benson seconded the motion Discussion followed Vote on the motion was as follows In favor, Ms Benson, Mr Hutchinson, Mr Okell, Ms Porter-Gabler, Ms Russell and Mr Stenglein opposed, Mr Moeller Motion carried 2 Case No 90-02, L & L Canaveral Enterprises, Parcel 15, Section 14, Township 24 South, Range 37 East North of Villages of Seaport - Violation of Section 701 06, Bees and Beehives Prohibited Mrs Hutcherson reported that L & L Canaveral Enterprises, were the owners of the property where Mr Milliken' s hives were located She stated she had been advised by L & L that they did not give permission for the hives to be located on their property and that if Mr Milliken does not have his hives removed, they will sign the necessary paper work for the City to have them removed Mrs Hutcherson requested this case be withdrawn because it appeared that L & L would cooperate with the Board The Board concurred with Mrs Hutcherson's request 3 Case No 90-03, Douglas Cochran, d b a Ocean Carpets, Parcel 761 , SEction 15, Township 24 South, Range 37 East Astronaut Boulevard) - Section 652 11 , Property Exterior Maintenance Standards Established Section 673 05, Proper Disposal of Garbage and Refuse as a Prerequisite to Collec- tion and Section 673 06, Unlawful Accumulation Mrs Hutcherson reported the following That Mr Cochran had been cited on December 20, 1989 The notice required him to obtain a larger dumpster or call for a special pickup when the dumpster was filled, to keep the dumpster in a clean and sanitary manner and to screen the dumpster on three sides Mr Cochran moved the dumpster to the north side of the building and installed the screening He agreed to call for an extra pickup when the dumpster was filled An excessive accumulation was observed on February 6, 1990, and had not been removed on February 9, 1990 Pictures of the dumpster were presented as evidence Mrs Hutcherson hand delivered a notice advising Mr Cochran that hearing on this violation had been scheduled for February 22, 1990, but the employees would not accept the notice She left a copy of the notice at the store and followed it up with a copy to Mr Cochran by certified mail Western Waste received a request for an extra pickup at 11 20 a m , February 9, 1990 Their truck was in the area and they responded immediately The dumpster area had been cleared of all debris at approximately 11 40 a m Mr Cochran, Owner of Ocean Carpets, testified that he maintains the dumpster area in a neat fashion and calls Western Waste for extra pickups He stated that the accumulation in the dumpster area on February 9th was not the same accumulation that had been observed on February 6th Mrs Russell recommended that a wall or fences be erected beside the dumpster area to screen the overflow from view Mr Cochran agreed to this recommendation Mr Okell moved to postpone this case until the next meeting, and that Mr Cochran shall notify Mrs Hutcherson when the fence Code Enforcement Board Regular Meeting February 22, 1990 Page 3 of 4 was erected Mr Hutchinson seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at R 35 P M/OLa,CVYrL"&A Approved this 2-2— day of 1990 Ch firman �l.�.001m 1... ��IQJI�QYI Secretary Code Enforcement Board Regular Meeting February 22 1990 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 22 1990 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on March 22 1990 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairman Stenglein called the meetina to order at 7 30 P M The Secretary called the roll Members Present Charles Stenalein Chairman Mary Russell Vice Chairman Jeanne Benson Roy Moeller George Hutchinson Helen Kirchofer 2nd Alternate Members_Absent James Okell Jean Porter-Gabler 1st Alternate Others Present Leo Nicholas City Manager Mitch Goldman City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Klevina Code Enforcement Officer Raymond Fox Code Enforcement Officer Susan Nelson Secretary Ms Benson amended the minutes of the February 22 1990 meeting as follows Case No 90-1 Trent S Milliken Order should the violation reoccur upon notification by the Code Enforcement Officer a fine of one hundred seventy-five dollars (S175 00) per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson moved to approve the minutes of February 22 1990 as amended Ms Benson seconded the motion Motion carried unanimously It was noted that the next Code Enforcement Board meeting would be held on April 19 1990 The City Attorney swore in Mr Trent Milliken and Ms Evelyn Hutcherson COMPLIANCE HEARINGS 1 Case No 90-03__Douglas _ Cochran d b_a Ocean Carpets Parcel 761__Section 15 Township 24 South_ Range 37 East (855_5 Astronaut___B_o_ulevard) __-__Section 652 11_ Property Exterior Maintenance Standards Established, Section 673_05 Proper Disposal _ of Garbage _and Refuse as_a_ Prereauislte_t_o Collection and Section 673 06 Unlawful Accumulation Ms Hutcherson reported that Mr Taylor was found in violation of Section 637 15 (K) Special Exceptions Permissible by Board of Adjustment and the restrictions imposed by Special Exception No 85-17 She further reported that Mr Taylor had requested relief through the Board of Adjustment (Special Exception No 89-12) which had amended the parking restriction to allow parking within Code Enforcement Board Regular Meetina March 22 1990 Paae 1 of 3 the eastern 25 foot setback exclusive of inventory or goods for sale Ms Hutcherson recommended a fine be established for displaying inventory or aoods for sale within the this setback Discussion followed Mr Hutchinson moved as follows Order Should the violation reoccur and Mr Taylor is found in violation by parkina inventory or goods for sale within the eastern 25 foot setback upon notification by the Code Inspector a fine of fifty dollars (850 00) per day shall be imposed for each and every day the violation continues to exist Mrs Russell seconded the motion Motion carried unanimously 2 Case No 90-01__ Trent_ S Milliken _Lot 2 Block 21 Avon-By- The-Sea -Subdivision--_Subdivisio_n-- (307 Madison Avenue) - Violation of Section 701 06 Bees and Beehives Prohibited Section 641_07 Permitted _Home_ Occupations and Section 641 09 Home Occupation Requirements Paragraphs (B) __ (C) -and (F) Ms Hutcherson reported that Mr Milliken hand delivered a letter on March 14 1990 stating that he had complied with the Board Order of February 22 1990 She stated that the hives had been re-roved from the property north of Villages of Seaport however Mr Milliken had not requested an inspection at 307 Madison Avenue A certified letter was mailed to Mr Milliken on March 15 1990 advising him that an inspection of the premises was required An inspection made on March 21 1990 revealed that the hives had been removed Ms Hutcherson respectfully requested that the Board find Mr Milliken in compliance The Board members concurred Discussion followed Mr Burton Green Attorney for Mr Milliken stated that he assumed an appeal was filed and anticipated a subsequent rehearincr He noted that Mr Milliken was in compliance now but he may not be tomorrow He asked the Board members if Mr Milliken could address the Board at that time The Board members agreed Mr Milliken apologized for being absent at the Code Enforcement Hearing held on February 22 1990 He noted that beekeeping was a hobby and should be arandfathered in He further noted that the bees were removed and he was in compliance He read Section 823 14 Florida Right to Farm Act letter dated February 20 1990 from the United States Senator regarding beekeepina and honey production being important industries for Florida and a copy of his Notice of Property Taxes and submitted them as evidence Discussion followed PUBLIC HEARINGS 1 Case No 90-03 - -Douglas -Cochran _ d ba - _OceanCarpets Parcel 761 ,Section 15 _ _ Township 24 South Rang_ 37 East ( 8_555_Astronaut_ Boul_evard) - Section 673 _05_ Proper Disposal of_G_a_rbage and_Refus_e as_ a_ Prerequisite to Collection and Section 673 06 Unlawful Accumulation - Ms Hutcherson stated that Mr Cochran planned to recycle the carpet padding and erect an accessory structure to hold the padding to eliminate the overflow problem he had experienced in the past Ms Hutcherson respectfully requested that this case be postponed until the April 19 1990 meeting Mr Hutchinson moved to postpone this case until April 19 1990 Ms Kirchofer seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting March 22 1990 Page 2 of 3 2 Case No _ 90-04 , VFW_ Post _131 _ Parcel_ _384 Section 23 Township 24 _South1 _Rance 37 East (101 Long Point Road) - Violation _of Section 652_13 _Duti.e_s and ^Responsibilities of Maintenance_ Standards Established Paragraph b_ 2, Screening Service Yards and Dum_pster Areas 3 Case _No_ 90-05 James _W_ Means _Owner and Smith Motor Company, Tenant Parcel 260 - Section_23_,_ Township 24 South, Range 37 East ( 80_8_5 North Atlantic_ Avenue)_-_Violation_ of Section 652 13_~ Duties and _Responsibilities of Maintenance Standards Established Paragraph b 2 Screening Service Yards and Dumpst=r Areas 4 Case No 90-06 Janes ^ W Means , Owner _ and Propac Professional Packers - Tenant 'Parcel 260 , Section 23 w , Tonship 24 South Ranae 37 _East , (8_085 North Atlantic Avenue) ---Violation _ of - __Section 652 13 , Duties and Responsibilities— of___Maintenance Standards Established Paragraph b 2 , ScreeService Yards and Dumpster Areas Ms Hutcherson stated that violation notices had been mailed requirina the dumpsters be screened on three sides Chairman Stenglein questioned the interpretation of Section 652 13 Discussion followed Mr Hutchinson moved to table these cases until clarification is recieved from the City Council Ms Russell seconded the motion Motion carried unanimously There beina no further business the meeting was adjourned at 8 30 P M t <gckeA Approved this _ _ _ °��h day of 1990 Chairm Secretary Code Enforcement Board Regular Meetina March 22 1990 Page 3 of 3 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 19 1990 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on April 19 1990 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 Roy Moeller George Hutchinson James Okell Jean Porter-Gabler Members Absent Charles Stenglein Chairman Helen Ri.rchofer Alternate Others Present Joy Salamone Mayor Leo Nicholas City Manager Rohn Bennett City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Raymond Fox Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of March 22 1990 with the correction that Item 1 under Compliance Hearing should be Case No 89-29 Bruce Taylor d b a Auto Stock Exchange Ms Benson seconded the motion Motion carried unanimously The minutes were approved as amended It was noted that the next Code Enforcement Board meeting would be held on May 17 1990 The City Attorney swore in Mr Paul Sibre Mr Gerry Schmitz Ms Lynn Rapoza Mr Antonio Ruvira Mr Thomas Garboski Ms Evelyn Hutcherson Mr Thomas Rleving and Mr Raymond Fox PUBLIC HEARINGS 1 Case No 90-03 , Douglas Cochran, d b a Ocean Carpets, Parcel 761, Section 15, Township 24 South, Range 37 East (8555 Astronaut Boulevard) - Section 652 11 , Property Exterior Maintenance Standards Established Section 673 05, Proper Disposal of Garbage and Refuse as a Prerequisite to Collection and Section 673 06 Unlawful Accumulation Ms Hutcherson reported that the property was in compliance 2 Case No 90-04 VFW Post 131 Parcel 284 Section 23 Township 24 South, Range 37 East (101 Long Point Road) - Violation of Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Paragraph b, 2 , Screening Service Yards and Dumpster Areas 3 Case No 90-05, James W Means , Owner, and Smith Motor Company, Tenant, Parcel 260, Section 23 , Township 24 South, Range 37 East (8085 North Atlantic Avenue) - Violation of Code Enforcement Board Regular Meeting April 19 1990 Page 1 of 6 Section 6S213 Duties and Responsibilities of Maintenance Stardar_ds Established Paragraph _ b__ _ 2_ _Screening Service Yards and Dumpster Areas Ms Hutcherson noted that these cases had been tabled until clarification was made on dumpster screening by Council Clarification was -Wade on March 29 1Q90 and it was the consensus of Council that the intent of the Ordinance was to screen the dumpsters on three sides Ms Hutcherson testified that no contact was made by the property owners and the dumpsters were not screered Mr Okell moved as follows Findinas of Fact _ The dumpsters had not been screened Conclusion of Law VFW Post 131 (Case No 90-04) and Janes W Means Owner and S-nith Motor Company (Case No 90-05) were in violation of Section 652 13 Paragraph B 2 of the Cape Canaveral Code of Ordinances Order VFW Post 131 (Case No 90-04) and James W Means Owner and Smith Motor Company (Case No 90-05) shall comply with the Cape Canaveral City Code of Ordinances Section 652 13 B 2 on or before May 14 1990 by takina the followina action 1 Screen dumpsters on three sides Upon complying VFW Post 131 (Case No 90-04) and James W Means Owner and Smith Motor Company (Case No 90-05) shall notify Evelyn Hutcherson a City Official in writina who shall inspect the property and notify the Board of Compliance Should VFW Post 131 (Case No 90-04 ) and James W Means Owner and Smith Motor Company (Case No 90-05) fall 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 (May 15 1990) and $50 00 for each and every day the violation exists and continues to exist Should the violation reoccur upon notification by the Code Enforcement Officer a fine of 850 00 per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson seconded the motion Notion carried unanimously 4 Case _No 90-06 JaTres_ W - Means Owner and_ Propac Professional Packers _ Tenant Parcel _ 2_601__ Section 23_ Township__ 24_ South _ Range_ 37 East__( 8085 North Atlantic Avenue) - Violation_ _of Section _6_52 13 _ Duties and Responsibilities _ of Maintenance Standards Established Paragraph B 2 Screenina Service Yards and Dumpster Areas Ms Hutcherson reported that the property was in compliance and the dumpster would be removed by Western Waste 5 Case No _ 90-07 Gary Hollingsworth _ d_b a - Related Properties Lot 8_ _ Block 44 Avon-By-The-Sea (7522-7524 Magnolia - Avenue) Violation-of 653 11 Property Exterior Maintenance Standards - Established,_ _Section 652 13 Duties and Responsibilities of Maintenance Standards Established Paragraph - B Section 673 03 C Location _of _Garbage Receptacles Section 6_4_1_ 25-_ Vislb_llity_at_Intersections Section 703 03 _Public Nuisances Prohibited and Section 50911 Numbers to be Posted Dimensions Coloration Ms Hutcherson reported that all violations with the exception of screening the dumpster had been corrected Ms Hutcherson Code Enforcement Board Reaular Meeting April 19 1990 Page 2 of 6 respectively requestea that this case be postponed until May 17 1990 to allow t-me for Western Waste to relocate the dumpster Ms Lynn Rapoza Manager Canaveral Horizons noted possible violations not cited in the aforementioned violation Ms Hutcherson read the Violation Notice Attorrey Bennett explained that the Board could only address iters violated and noted that a written complaint must be submitted to the City for any additional violations Mr Antonio Ruvira owner of 7523 Magnolia Avenue complained about the type of tenants living at the violated property He testified that they were a nuisance and effecting the tenants at his property Attornel Bennett made suggestions to rectify onaoina problems Mr Okell moved to postpone Case No 90-07 until May 17 1990 to allow tire for Western Waste to relocate the dumpster Mr Moeller seconded the motion Motion carried unani-ously 6 Case -No- 90-08 _ Gerry Schmitz _ Lot 3- —Block7 _ Cape Canaveral_ _Beach Gardens Unit Two (3_05 _Surf_ Drive) - Violation of Section _652 11 Property Exterior Maintenance Standards Established Section -652- 13- _Duties and Respansibilities_ of Maintenance_ Standards _Established P_aracrraphs A 1 and 6 _Unlawful -Accumulation of the_Cape _ Canavera_1 Code of Ordinances1 Section _307 4 Care of Premises of the Standard Housina Code as adopted by Chanter 619 of the Cape_ Canaveral Code of Ordinances and Section 502 1 Accumulation of Waste_ Materials_ P_a_raaraDh 502 1 1 of the Standard Fire Pre�,ention Code as adopted by Cha_pter 621 of the Cape Canaveral Code of Ordinances Mr Klevina Code Enforcement Officer submitted exhibits for the Boards review as follows Photos of aforementioned violations taken on May 23 1989 (Exhibit 1) Copy of written complaint (Exhibit 2) Photos taken by complainant on March 29 1990 (Exhibit 3) Notice of Violation (Exhibit 4) Photos taken by Mr Klevina in Mr Schmitz s presence on April 19 1990 of his property (Exhibit 5) The Board reviewed the exhibits Discussion followed Mr Schmitz owner read and submitted a letter (Exhibit 6) reaardina the cited violations Mr Moeller reviewed the Aesthetic Regulations Attorney Bennett noted that the contents of the letter was not co-pleted to text and storage of materials were unfeasible in a residential zone Mr Garboski neighbor at 303 Surf Drive testified that Mr Schmitz was a good neighbor Mr Hutchinson moved as follows Findinas of_ Fa_c_t The back yard is beina used for storage of building -materials scrap lumber miscellaneous dunk and other debris Property is not being maintained in a clean sanitary and safe condition Conclusion of Law Mr Schmitz was in violation of Sections 652 11 652 13 Paraaraphs A 1 and A 6 of the Cape Canaveral Code of Ordinances Section 307 04 of the Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances and Section 502 1 1 of thz Standard Fire Code as adopted by Chapter 621 of the Cape Canaveral Code of Ordinances Order That Mr Srhritz shall comply with the Cape Canaveral City Code of Ordinances Sections 652 11 652 13 and Chapter 619 and 621 on or before June 14 1990 by taking the followina action Code Enforcement Board Reaular Meeting April 19 1990 Paae 3 of 6 1 Properly store or dispose of buildina materials scrap lumber miscellaneous �unr and other debris (mulch system excluded) 2 Maintain propertv in a clean sanitary and safe condition Upon complyina Mr Schmitz shall notify Evelyn Hutcherson a City Official in u.ritina who shall inspect the property and notify the Board of compliance Should Mr Schmitz 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 (June 15 1990 ) and $50 00 for each and every day the violation exists and continues to exist at 305 Surf Drive 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 Mr Moeller seconded the motion Motion carried unanimously 7 Case No 90-09 Paul Sibre Lots 7-9_ BL_ock 23 Avon-By-The- Sea (520-540 Monroe Avenue) - Violation of Section 652 11 Property Exterior Mairtenance Standards Established Section 64137 Parki_na and St_oraae_of Certain Vehicles ,- and Section 701 01 Animals Controlled Mr Fox Code Enforcement Officer submitted exhibits for the Boards review as follows copy of written complaint (Exhibit 1) photoaraphs of yard area (Exhibit 2) Violation letter (Exhibit 3) letter from Xan Rawls County Animal Control reaardina excessive cats (Exhibit 4 ) newspaper add that Mr Sibre placed to relocate the cats (Exhibit 5) Mr Fox testified that the cats used the courtyard area as a litter box and the only items that had been removed vias the boat car and antenna He noted that approximately 30 to 40 cats lived at the property and the number had increased considerably The Board members reviewed the exhibits Discussion folloged Mr Sibre testified that he was in process of removing the cats and planned to remove the remainder of debris as soon as possible Mr Nicholas Castellano testified that he filed a written complaint and that -ost of the debris had been removed However there was still a numerous amount of cats and believed that Mr Sibre could continue to relocate them Mr Moeller moved as follows Findings of Fact Cats were alloged to roam at large no litter boxes were provided Property is not being ~maintained in a clean sanitary and safe condition Conclusion of Law Pr Sibre Taas in violation of Sections 652 11 and 701 01 of the Cape Canaveral Code of Ordinances Order That Mr Sibre shall comply with the Cape Canaveral Code of Ordinances Sections 652 11 and 701 01 on or before May 14 1990 by takina the followina action 1 Remoje debris fro- rear yard 2 Confine cats in a closed area or remove cats 3 Maintain exterior of property in a clean sanitary and safe condition Code Enforcement Board Regular Meeting April 19 1990 Pace 4 of 6 Upon Complying Mr Sibre shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Should Mr Sibre fail to comply with the above order and the Code Enforce-tent Officer finds that he is still in violation then a fine shall be levied in the amount of $50 00 for the first day (May 15 1990) and $50 00 per day for each and every day the violation exists and continues to exist at 520-540 Monroe Avenue Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $50 00 per day shall be imposed for each and every day the violation continues to exist Mr Okell seconded the Trotion Mr Hutchinson amended the motion to state that Mr Sibre was found in compliance of Section 641 37 Mr Okell seconded the armendrent Vote on the amendment and the main ~notion were unani-nous 8 Case No _ 90-10 Elizabeth Hall 221 _Lincoln Avenue_ _Black Buick_ Electra - Violation of - Section 641 _37 Parking and Storage _ of Certain Vehicles Section — 651 _l1__ Propert_y Exterior_ Maintenance Standards Established P_aragr�h B Section 652_ 13 _ Dutiesand__Re_sponsibili_ti_es of Maintenance Standards Established, Paragraphs A 1 and B_ 2Z_ and—Section 610 05 Abandoned Property on _Private_Property Ms Hutcherson reported that this case was not ready to be presented and requested that the case be postponed The Board members agreed 9 Case No- - 90-11 Chandler Bend Condominium Association Lots 11_01-11 07 _Block 4 Cape Canaveral BeachGardens_Unit 2 Section 14 _ To_wns_hip_24South_ Range_3_7 East_(238_ Chandler Street) - Violation of _ Section—_652 13 Duties and Responsibilities of Maintenance _Stan_dar_ds__Standards-Established Paragraph B_ 2 _Screening Service Yards and Dumpster Areas 11 Case No 90-13 _Paul Hopewell and Alan Katz Lot 15 1 Block 67 Avon-By-The-Sea —Section 23 Township 2_4_ South_ _R_ange 37 East_ (752_1-7523_Magnolia Avenue) - Violation o_f__Section 652_13 Duties and Responsibilities of Maintenance Standards Established Paragraph B 2 Screening _Service Yards and Dumpster Areas Ms Hutcherson reported that no action was taken to screen the dumpsters and respectively requested that the Board find the owners in violation Mr Hutchinson moved as follows Findings of Fact_ Dumpsters have not been screened Conclusion of Law Chandler Bend Condominium Association Paul Hopewell and Allen Katz were in violation of Section 652 13 Paragraph B 2 of the Cape Canaveral Code of Ordinances Order_ That Chandler Bend Condorinium Association Paul Hopewell and Alan Katz shall comply with the aforementioned Section on or before May 14 1990 by taking the followina action 1 Screen dumpster on three sides Upon compliance Chandler Bend Condominium Association Paul Hopewell and Alan Katz shall notify Evelyn Hutcherson a City Official in writing She shall inspect property and notify the Board of Compliance Code Enforcement Board Regular Meetina April 19 1990 Paae 5 of 6 However upon failure to comply by May 14 1990 there shall be a fine of $50 00 for the first day of non-compliance (May 15 1990 ) and $50 00 per day thereafter for each and every day until brouqht into compliance Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $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 10 Case No 90-12 _ Ebb Tide Condo_miniu~n Association Lots 1 01- 1 06 Block 8 Cape Canaveral Beach Gardens Unit 2 Section 14 , Township 24 South Range 37 East (8590 Canaveral Beach Boulevard) - Violation of-Section- 652 13 Duties and_ RegRonsibilities of Maintenance Standards Established Paragraph B 2 Screening Service Yards and Dumpster Areas Ms Hutcherson respectively requested that this item be tabled since the certified return receipt had not been received The Board members concurred 12 Case No 90-14 Patrick Lee , Lots 13 - 15 Block 69 Avon- Py-The-Sea, Section Section 23 Township _24 South_ Ranke 37 East_ (150 _- 154 Johnson Avenue) - Violation of Section 652 13 Duties and_ _ Responsib_il_ities of `Maintenance Standards Established_ Paragraphb 2 _Screening Service Yards-and Dumpster-Areas 13 Case No 90-15, Joseph Hartnett_ East 1/2 Lot 13 and Lot 14 Block 9 _Avon-By-The-Sea_ S_ection _23 Township 24 South R_anae_ 37 East (368_ - 374 Jefferson Avenue) - _Violation of Section 652 13 Duties and _Responsibilities_ of_Maintenance Standards Established_ Paragraph b _2 , Screening_ Service_ Yards and Dumpster Areas 14 Case No 90-16 Joseph Hartnett Lots 4 _- 5 Block 9 Avon- By-The-Sea Section 23 Township 24 South Ra_nge_ 37 East (307 Adams Avenue) - Violation of Section_652 131 Duties _and _ Responsibilities_ of t ai_nte_nance Standards Established Paragraph b 2 Screening Service Yards and Dumpster Areas Ms Hutcherson respectively requested that Cases 90-14 90-15 and 90-16 be postponed until May 17 1990 to allow time for Western Waste to relocate the dumpsters Mr Moeller so moved Mr Hutchinson seconded the motion Motion carried unanimously There being no further business the meetina was adjourned at 8 30 P M Approved this `7 4-1\ day of YYIcl U� _ 1990 Chairman Secretary Code Enforcement Board Regular Meeting April 19 1990 Paqe 6 of 6 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MAY 17 1990 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on May 17 1990 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairman Stenglein called the meeting to order at 7 50 P M The Secretary called the roll Members Present Charles Stenglein Chairman Mary Russell Vice Chairman Jeanne Benson George Hutchinson James Okell Jean Porter-Gabler Helen Kirchofer Alternate Members Absent Roy Moeller Others Present Ann Thurm Mayor Pro Tem Leo Nicholas City Manager Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Raymond Fox Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of April 19 1990 as written Ms Kirchofer seconded the motion Motion carried unanimously It was noted that the next Code Enforcement Board Meeting would be held on June 21 1990 Due to the fact that the City Attorney was not in attendance the meeting was adjourned at 8 00 P M Approved this a 15� day of 1990 mauvl, �/ 1-11, V(ee-Chairma Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 21 1990 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on June 21 1990 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 George Hutchinson James Okell Roy Moeller Members Absent Charles Stenglein Chairman Jeanne Benson Jean Porter-Gabler Helen Kirchofer Alternate Others Present Ann Thurm Mayor Pro Tem Mitch Goldman Deputy City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Raymond Fox Code Enforcement Officer Susan Nelson Secretary Vice Chairman Russell accepted the minutes of May 17 1990 as written It was noted that the next Code Enforcement Board Meeting would be held on July 19 1990 COMPLIANCE HEARINGS 1 Case No 90-04 , VFW Post 131 , Parcel 384 , Section 23 , Township 24 South, Range 37 East (101 Lona Point Road) - Violation of Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Paragraph B, 2 , Screening Service Yards and Dumpster Areas Ms Hutcherson reported that the dumpster was screened and that an Affidavit of Compliance had been mailed 2 Case No 90-05 James W Means Owner, and Smith Motor Company, Tenant , Parcel 260 , Section 23 , Township 24 South, Range 37 East (8085 North Atlantic Avenue) - Violation of Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Paragraph B, 2 , Screening Service Yards and Dumpster Areas Ms Hutcherson reported that the dumpster was screened and that an Affidavit of Compliance had been mailed 3 Case No 90-07 , Gary Hollingsworth, d b a Related Properties , Lot 8 , Block 44 , Avon-By-The-Sea (7522-7524 Magnolia Avenue) - Violation of Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Paragraph B , 2 , Screening Code Enforcement Board Regular Meeting June 21 1990 Page 1 of 5 Service Yards and Dumpster Areas Ms Hutcherson reported that the dumpster was screened and that an Affidavit of Compliance had been mailed She respectively requested that the fine be waived due to a delay by Western Waste in relocating the dumpster Mr Hutchinson moved to waive the imposed fine Mr Okell seconded the motion Motion carried unanimously 4 Case No 90-08 , Gerry Schmitz , Lot 3 , Block 7 , Cape Canaveral Beach Gardens , Unit Two (305 Surf Drive) - Violation of Section 652 11 , Property Exterior Maintenance Standards Established, Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Paragraphs A, 1 and 6 , Unlawful Accumulation of the Cape Canaveral Code of Ordinances , Section 307 4 , Care of Premises , of the Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances , and Section 502 1 , Accumulation of Waste Materials , Paragraph 502 1 1 , of the Standard Fire Prevention Code as adopted by Chapter 621 of the Cape Canaveral Code of Ordinances Mr Klevi.ng reported that the back yard had been cleaned up and an Affidavit of Compliance had been mailed Attorney Spielvogel representing Mr Schmitz requested the Board to reconsider the finding of violation He stated that Mr Schmitz felt he was not in violation and that the items found in his backyard were used to build a frame work shed He submitted a copy of a building permit hard card which was issued June 7 1988 as Exhibit 1 Mr Spielvogel voiced the opinion that the debris was of no jeopardy of health or safety Mr Moeller reiterated that an owner could only appeal the Board s decision through Circuit Court 5 Case No 90-09, Paul Sibre, Lots 7-9, Block 23 , Avon-By-The- Sea (520-540 Monroe Avenue) - Violation of Section 652 11 , Property Exterior Maintenance Standards Established, and Section 701 01 , Animals Controlled Ms Hutcherson reported that the exterior of the property had been cleaned up and animals were being controlled and an Affidavit of Compliance had been mailed 6 Case No 90-11 Chandler Bend Condominium Association Lots 11 01-11 07 , Block 4 , Cape Canaveral Beach Gardens , Unit 2 , Section 14 , Township 24 South, Range 37 East (238 Chandler Street) - Violation of Section 652 13 Duties and Responsibilities of Maintenance Standards Established, Paragraph B , 2 , Screening Service Yards and Dumpster Areas Ms Hutcherson reported that an Affidavit of Non-Compliance had been mailed to the owner on April 20 1990 However the Certified Returned Receipt had not been returned Attorney Goldman advised to serve the Non-Compliance Notice to a Registered Agent and allow 20 days to respond to the Board Order The Board members concurred 7 Case No 90-13 , Paul Hopewell and Alan Katz , Lot 15 1 , Block 67 , Avon-By-The-Sea, Section 23 , Township 24 South, Range 37 East (7521-7523 Magnolia Avenue) - Violation of Section 65.213, Duties and Responsibilities of Maintenance Standards Established, Paragraph B , 2 , Screening Service Yards and Dumpster Areas Code Enforcement Board Regular Meeting June 21 1990 Page 2 of 5 Ms Hutcherson reported that an Affidavit of Non-Compliance had been mailed on May 12 1990 and that the dumpster had been screened on adjacent property without consent from the property owner She further reported that Mr Hopewell and Mr Katz were notified to notify the owner for written consent of the dumpster placement However no contact had been made by the property owner After discussion the Board members found Case No 90-13 in compliance PUBLIC HEARINGS 1 Case No 90-12 , Ebb Tide Condominium Association Lots 1 01 - 1 06 , Block 8 , Cape Canaveral Beach Gardens Unit 2 , Section 14 , Township 24 South, Range 37 East (8590 Canaveral Beach Boulevard) - Violation of Section 652 13 Duties and Responsibilities of Maintenance Standards Established Paragraph B , 2 , Screening Service Yards and Dumpster Areas 2 Case No 90-14 , Patrick Lee , Lots 13 - 15 Block 69 , Avon-Bv- The-Sea, Section 23 , Township 24 South, Range 37 East (150 - 154 Johnson Avenue) - Violation of Section 652 13 Duties and Responsibilities of Maintenance Standards Established, Paraara h B , 2 , Screening Service Yards and Dumpster Areas 5 Case No 90-17 , Clifton L Gurr, Lot 2 01 Block 3 Cape Canaveral Beach Gardens , Unit 2 , Section 14 , Township 24 South, Range 37 East (8110 Canaveral Boulevard) - Violation of Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Paragraph B 2 , Screening Service Yards and Dumpster Areas 6 Case No 90-18 , James A Devlin, Block 75 Avon-BY-The-Sea, Section 23 , Township 24 South, Range 37 East (321 Johnson Avenue) - Violation of Section 652 13 , Duties and Responsibilities of Maintenance Standards Established Paraaraph B , 2 , Screening Service Yards and Dumpster Areas 8 Case No 90-20 , RMDH, Parcel 286 , Section 23 Township 24 South, Range 37 East , (8200 Astronaut Boulevard) - Violation of Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Paragraph B 2 , Screening Service Yards and Dumpster Areas Ms Hutcherson reported that the above cases were in compliance due to the fact that the dumpster areas had been screened 3 Case No 90-15 , Joseph Hartnett, East 1/2 Lot 13 and Lot 14 Block 9 , Avon-BY-The-Sea , Section 23 , Township 24 South, Range 37 East , Duties and Responsibilities of Maintenance Standards Established, Paragraph B , 2 , Screening Service Yards and Dumpster Areas 4 Case No 90-16 , Jeff Hartnett , Lots 4 - 5 Block 9 , Avon-By- The-Sea, Section 23 , Township 24 South, Range 37 East (307 Adams Avenue) - Violation of Section 65213 , Duties and Responsibilities of Maintenance Standards Established Paragraph B , 2 , Screenina Service Yards and Dumpster Areas 7 Case No 90-19 , Ocean Mist Owners , Lots 9 - 11 Block 67 Avon-By-The-Sea, Section 23 , Township 24 South Range 37 East (302 Lincoln Avenue) - Violation of Section 652 13 Duties and Responsibilities of Maintenance Standards Established Paragraph B , 2 , Screening Service Yards and Dumpster Areas Code Enforcement Board Regular Meeting June 21 1990 Page 3 of 5 Ms Hutcherson respectively requested that the above cases be tabled until July 19 1990 to allow Western Waste time to arrange the dumpster positions 9 Case No 90-21 Douglas Melvin Lots 1 - 3 and 9 - 12 , Block 73 , Avon-Bv-The-Sea Section 23 Township 24 South Range 37 East, (6790 North Atlantic Avenue) - Violation of Section 637 51 , C 1 , Special Exceptions Permissible by Board of Adjustment , Paragraph J Outside Display, Section 637 53 C- 1 , Paragraph A, Prohibited Uses and Structures Section 652 11 , Property Exterior Maintenance Standards Established Paraaraph C, and Section 652 13 Paragraphs A 1 and 7 and _B_, 3 , Duties and Responsibilities of Maintenance Standards Established Mr Kleving testified that an inspection of the property on June 14 1990 revealed that the debris branches metal and corrugated fiberglass on Grant Avenue had been removed the south half of the parking area facing North Atlantic Avenue had been resealed some of the materials stored on the east wall of the building had been removed electric wire in planter area by sign had been removed some of the weeds in the parking lot had been removed outside display had been discontinued and one of the vehicles had been removed the other vehicle was still there He noted that Mr Melvin was in compliance of Section 637 51 in that the outside display had been removed Mr Kleving submitted photographs of debris branches metal and corrugated fiberglass as Exhibits A B and C letter from Mr Melvin dated May 21 1990 regarding the Violation Notice as Exhibit D response letter from Mr Kleving dated June 6 1990 regarding Mr Melvin s letter as Exhibit E The Board members reviewed the exhibits Discussion followed Mr Moeller moved as follows FINDINGS OF FACT A vehicle was improperly stored on the property a portion of the parking area was in a state of disrepair untended vegetation and debris remained on the property and other materials were improperly stored on the east wall of the building CONCLUSION OF LAW Douglas Melvin was in violation of Section 637 53 Paragraph A Section 652 11 Paragraph C Section 652 13 Paragraphs A 1 and 7 and B 3 of the Cape Canaveral Code of Ordinances ORDER That Douglas Melvin shall comply with the aforementioned Sections on or before July 12 1990 by taking the following action 1 Remove all vehicles being stored on the property 2 Dispose of or properly store all materials and dunk stored around the building 3 Maintain parking area in good repair properly marked and clear of litter debris and vegetation 4 Clear open area of untended vegetation 5 Maintain exterior of property in a clean sanitary and safe condition Upon complying Mr Melvin shall notify Evelyn Hutcherson a City Official in writing She shall inspect the property and notify the Board of Compliance Code Enforcement Board Regular Meeting June 21 1990 Page 4 of 5 Should Mr Melvin 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 (July 13 1990) and $25 00 for each and every day the violation exists and continues to exist at 6790 North Atlantic Avenue Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $50 00 per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson seconded the motion Motion carried unanimously IMPOSITION OF FINE 1 Case No 89-29 , Bruce Taylor , d b a Auto Stock Exchange , 8699 Astronaut Boulevard - Parking of inventory or goods for sale within the eastern twenty-five (25) foot setback Ms Hutcherson advised that Mr Taylor continued to park vehicles which did not have a license plate displayed or have temporary or dealer tags displayed within the 25 foot setback She further advised that vehicles whish were considered inventory were parked within the setback on April 30 and May 1 1990 She attempted to deliver an order imposing penalty on May 1 1990 Mr Taylor s employee on duty would not sign for the order She explained to him that the Board had imposed a fine of $50 00 per day for each and every day the violation reoccurred A notice of violation and order imposing a fine was mailed (certified) to Mr Taylor On May 2nd 3rd 4th and 7th the same vehicle pictured on April 30th was parked within the setback area A fine in the amount of $550 had been imposed for the 11 days the violation reoccurred Attorney Goldman stated that he had been contacted by Attorney Joe Matheny representing Mr Taylor who asked that the fine imposed be reconsidered in that Mr Taylor pay $200 of the imposed $1 100 within two weeks If payment of $200 was not paid within the two weeks then he would pay the entire imposed fine of $1 100 He further advised that Mr Taylor had filed an appeal After brief discussion it was the consensus of the Board that Mr Taylor pay the entire imposed fine of $1 100 DISCUSSION 1 Case No 89-24 , Cape Winds , Inc Attorney Goldman advised that Motion for Rehearing had been denied in the 18th Judicial Court 2 Case No 90-1 Trent S Milliken Attorney Goldman advised that an Appeal had been filed against the Code Enforcement Board s findings in this case There being no further business the meeting was adjourned at 8 40 P M Approved this �� day of :U t U 1990 L +l_�A \ � Chairman Secretary Code Enforcement Board Regular Meeting June 21 1990 Page 5 of 5 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JULY 19 1990 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on July 19 1990 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 George Hutchinson James Okell Jeanne Benson Helen Kirchofer Alternate Members Absent Mary Russell Vice Chairman Roy Moeller Jean Porter-Gabler Others Present Ann Thurm Mayor Pro Tem Mitch Goldman Deputy City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of July 21 1990 as written Ms Benson seconded the motion Motion carried unanimously It was noted that the next Code Enforcement Board Meeting would be held on August 19 1990 COMPLIANCE HEARINGS 1 Case No 90-21 Douglas Melvin, Lots 1 - 3 and 9 - 12 , Block 73 , Avon-By-The-Sea , Section 23 Township 24 South, Range 37 East (6790 North Atlantic Avenue) - Violation of Section 637 51 , C 1 , Special Exceptions Permissible by Board of Adjustment Paragraph J , Outside Display, Section 637 53 C- 1 , Paragraph A Prohibited Uses and Structures , Section 652 11 Property Exterior Maintenance Standards Established , Paragraph C and Section 652 13 Paragraphs A 1 and 7 , and B 3 , Duties and Responsibilities of Maintenance Standards Established Mr Kleving testified that an inspection was made of the property on July 12 1990 the property was found in non-compliance and an Affidavit of Non-Compliance had been mailed A reinspection of the property was made on July 13 1990 the property was found in compliance and an Affidavit of Compliance had been mailed Mr Kleving respectively requested that the imposed fine be waived due to the fact that Mr Melvin was found in compliance Mr Okell moved that Case No 90-21 Douglas Melvin be found in compliance according to Mr Klevina s testimony and no fine be imposed Mr Hutchinson seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting July 19 1990 Page 1 of 3 PUBLIC HEARINGS 1 Case No 90-15 , Joseph Hartnett , East 1/2 Lot 13 and Lot 14 , Block 9 Avon-By-The-Sea Section 23 Township 24 South Ranae 37 East (368-374 Jefferson Avenue) - Violation of Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Paragraph B 2 Screening Service Yards and Dumpster Areas Ms Hutcherson testified that the dumpster had been relocated and that no effort had been made to screen the dumpster Mr Hutchinson moved as follows Findings of Fact The dumpster had not been screened Conclusion of Law Joseph Hartnett was in violation of Section 652 13 Paragraph B 2 of the Cape Canaveral Code of Ordinances Order Joseph Harnett shall comply with the Cape Canaveral City Code of Ordinances Section 652 13 B 2 on or before August 9 1990 by taking the following action 1 Screen dumpster on three sides Upon complying Joseph Hartnett shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Should Joseph Hartnett 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 (August 10 1990) and $50 00 for each and every day the violation exists and continues to exist Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $50 00 per day shall be imposed for each and every day the violation continues to exist Ms Kirchofer seconded the motion Discussion followed Vote on the motion was unanimous 2 Case No 90-16 , Jeff Hartnett Lots 4 - 5 , Block 9 , Avon-By- The-Sea Section 23 Township 24 South, Range 37 East , (307 Adams Avenue) - Violation of Section 652 13 , Duties and Responsibilities of ~Maintenance Standards Established, Paragraph B 2 , Screening Service Yards and Dumpster Areas Ms Hutcherson testified that the dumpster was encroaching on adjacent property and had not been screened Ms Benson moved as follows Findings of Fact The dumpster was encroaching on adjacent property and had not been screened Conclusion of Law Jeff Hartnett was in violation of Section 652 13 Paragraph B 2 of the Cape canaveral Code of Ordinances Order Jeff Hartnett shall comply with the Cape Canaveral City Code of Ordinances Section 652 13 Paragraph B 2 on or before August 9 1990 by taking the following action 1 Relocate dumpster from adjacent property 2 Screen dumpster on three sides Code Enforcement Board Regular Meeting July 19 1990 Page 2 of 3 Upon complying Jeff Hartnett shall notify Evelyn Hutcherson a City Official in writing who shall inspect the property and notify the Board of compliance Should Jeff Hartnett 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 $50 00 for the first day (August 10 1990) and $50 00 per day for each and every day the violation exists and continues to exist Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $50 00 per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson seconded the motion Motion carried unanimously 3 Case No 90-19 , Ocean Mist Owners , Lots 9 - 11 , Block 67 , Avon-BY-The-Sea, Section 23 , Township 24 South, Range 37 East, (302 Lincoln Avenue) - Violation of Section 652 13 , Duties and Responsibilities of Maintenance Standards Established, Paragraph B 2 , Screening Service Yards and Dumpster Areas Ms Hutcherson testified that the dumpster had been screened and the property was in compliance There being no further business the meeting was adjourned at 7 45 P M ,n Approved thisd day of 1990 k- Chairman crn Secretary Code Enforcement Board Regular Meetina July 19 1990 Page 3 of 3 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 23 1990 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on ,,ugust 23 1990 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 George Hutchinson James Okell Jeanne Benson Roy Moeller Jean Porter-Gabler Helen Kirchofer Alternate Others Present Mitch Goldman Deputy City Attornev Evelyn Hutcherson Code Enforcement Officer Thomas Klevina Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of July 19 1990 as written Ms Okell seconded the motion Motion carried unanimously It was noted that the next Code Enforcement Board Meetina would be held on September 20 1990 COMPLIANCE HEARINGS 1 Case No 90-15 , Joseph Hartnett East 1/2 Lot 13 and Lot 14 Block 9 , Avon-by-the-Sea Section 23 Township 24 South, Range 37 East , (368-374 Jefferson Avenue) - Violation of Section 652 13 Duties and Responsibilities of Maintenance Standards Established, Paragraph b, 2 Screening Service Yards and Dumpster Areas Ms Hutcherson reported that the dumpster was screened and that an Affidavit of Compliance had been mailed 2 Case No 90-16 Jeff Hartnett Lots 4 - 5 Block 9 Avon-by- the-Sea , Section 23 , Township 24 South, Range 37 East , (307 Adams Avenue) - Violation of Section 652 13 , Duties and Responsibilities _ of _ Maintenance Standards Established Paragraph b 2 Screening Service Yards and Dumpster Areas Ms Hutcherson reported that the dumpster was screened and that an Affidavit of Compliance had been mailed PUBLIC HEARINGS 1 Case No 90-22 R L May Parcel 2 Section 24 Township 24 South, Range 37 East (South of Discovery Road Port Canaveral) - Violation of Section 638 01 M-1 Prohibited Uses and Structures , Section 641 33 Location of Recreational Vehicles Camping Equipment Boats and Boat Trailers paragraph A, Section 673 06 Unlawful Accumulation and Section 673 07 Unlawful Disposal Code Enforcement Board Regular Meeting August 23 1990 Page 1 of 4 Ms Hutcherson reported that the three trailers and the bus that belonaed to Mr Womack had been removed from the property but nothing had been done on the removal of debris She further reported that Mr Garver Mr May s assistant had assured her that Mr May would continue to follow up on the cited violations Ms Hutcherson respectfully requested that this case be tabled until September 20 1990 since Mr May had shown good faith in bringina the property up to compliance Mr Okell moved to table Case No 90-22 R L May until September 20 1990 Mr Hutchinson seconded the motion Motion carried unanimously 2 Case No 90-23 , Joseph Hartnett Lot 4 , Block 23 , Avon-By-The- Sea , Section 23 , Township 24 South Range 37 East (515 Madison Avenue) - Violation of Section 103 2 Unsafe Residential Buildings , Section 302 1 Sanitary Facilities , 302 9 , Smoke Detector Systems , Chapter 304 Minimum Requirements for Electrical Systems Section 305 2 , Exterior Walls Section 305 3 Roofs Section 305 7 Windows Section 305 8 Windows to be Glazed Section 305 11 Exterior Doors Section 305 13 Screens Section 305 21 Interior Door Hardware and Section 305 22 Bathroom Doors of the Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances and Section 651 11 , Property Exterior Maintenance Standards Established, Paragraph A Section 652 13 Duties and Responsibilities of Maintenance Standards Established, Paragraphs A 1 and 6 , and 652 15 Criteria of Building Appearance and Maintenance , Paragraph D Mr Kleving stated that Dave Sargent Fire Chief requested that he make a safety inspection of the property Mr Klevinq testified that a housina inspection revealed leaky faucets two inoperable smoke detectors switch by the front door not wired correctly electrical wire hung from the ceiling in front bedroom main electrical panel not secure sub panels in bedroom closet were not accessible and cover plates were not in place panels were not labeled wiring was not protected the outlet on exterior of the west side of the building with window air conditioning unit plugged into it was not weather proof outlets in the northwestern bedroom did not work plaster was falling off the exterior south and west walls of the building wall area around hose bid on south side of the building was broken roof leaked at southwestern corner of living room windows throughout house did not work correctly broken window panes southwestern exterior door did not close properly weatherstrip and thresholds on exterior doors were in need of repair screens were -Hissing on windows exterior doors and interior doors would not shut securely carport roof leaked and appeared to be in danaer of falling in paint was peeling off facia eaves and soffits accessory building was in a state of deterioration and was a source of infestation and exterior of property was in need of yard maintenance Discussion followed Mrs Russell moved as follows Findings of Fact The property did not meet the Standard Housing Code requirements and the exterior of the property had not been maintained Conclusion of Law Mr Harnett was in violation of Sections 103 2 302 1 302 9 304 305 2 305 3 305 7 305 8 305 11 305 13 305 21 and 305 22 of the 1988 Standard Housing Code and Sections 652 11 paragraph A 652 13 paragraphs A 1 and 6 and 652 15 paragraph D of the Cape Canaveral Code of Ordinances Code Enforcement Board Regular Meeting Auaust 23 1990 Page 2 of 4 Order Mr Harnett shall comply with Sections 103 2 302 1 302 9 304 305 2 305 3 305 7 305 8 305 11 305 13 305 21 and 305 22 of the 1988 Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances and Sections 652 11 paragraph A 652 13 paragraphs A 1 and 6 and 652 12 paragraph D of the Cape Canaveral Code of Ordinances on or before September 13 1990 by taking the followincr action 1 Maintain plumbing fixtures and water and waste pipes in good sanitary working conditions free from defects leaks and obstructions 2 Maintain smoke detectors in operable condition 3 BrincT all electrical violations in compliance with the National Electrical Code and Chapter 17 of the Cape Canaveral Code of Ordinances This work shall be performed and certified to by a qualified electrician 4 Seal all penetrations and holes in exterior walls and repair areas where stucco has fallen off 5 Make all windows substantially weather tight in sound workincr condition and repair of broken panes 6 Maintain exterior doors in sound working condition and in Good repair Doors shall be substantially weather tight water tight and rodent proof 7 Install screen doors with self-closing device on all exterior doors except the main entrance door 8 Install screens on all windows 9 Supply all interior doors with proper hardware securely attached and maintained 10 Repair leak in main roof and carport roof 11 Repair interior and exterior of accessory structure or remove the structure from your property 12 Maintain exterior of property in a clean sanitary and safe condition Lawns and landscaping shall be maintained Upon complying Mr Hartnett shall notify Thomas Kleving a City Official in writing He shall inspect the property and notify the Board of compliance Should Mr Hartnett 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 $250 00 for the first day (September 14 1990) and $250 00 for each and every day the violation exists and continues to exist 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 Moeller seconded the motion Discussion followed Mr Hutchinson amended the motion to recommend that the Building Official consider condemning the building due to the fact that it was unsafe to occupy Mr Okell seconded the amendment Discussion followed Vote on the amendment was as follows Code Enforcement Board Regular Meeting August 23 1990 Page 3 of 4 In favor Mr Hutchinson aaainst Ms Benson Ms Kirchofer Mr Moeller Mr Okell Ms Porter-Gabler Mr Stenalein motion failed Vote on the main motion on the floor was unanimous There being no further business the •neetina was adjourned at 8 20 P M Approved this day of 1990 Ice-Chairman Secr tary Code Enforcement Board Regular Meetinq August 23 1990 Paqe 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 20 1990 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on September 20 1990 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Vice-Chairman Russell called the meeting to order at 8 00 P M The Secretary called the roll Members Present Mary Russell Vice Chairman Jeanne Benson James Okell George Hutchinson Members Absent Charles Stenglien Chairman Roy Moeller Jean Porter-Gabler Others Present Kohn Bennett City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Angel Taylor Secretary Mr Hutchinson moved to approve the minutes of August 23 1990 as presented Mr Okell seconded the motion Motion carried unanimously It was noted that the next Code Enforcement Board meeting would be held on October 18 1990 It was further noted that the November meeting would be held on November 28 1990 The City Attorney swore in Evelyn Hutcherson Code Enforcement Officer Mr Thomas Kleving Code Enforcement Officer Mr Joseph Hartnett and Mr R H Delcazal COMPLIANCE HEARINGS 1 Case No 90-23 Joseph Hartnett Lot 4 Block 23 Avon-By- The-Sea von-B -The-Sea Section 23 Township 24 South Range 37 East 515 Madison Avenue - Violation of Section 103 2 Unsafe Resi- dential Buildings Section 302 1 Sanitary Facilities 302 9 Smoke Detector Systems Chapter 304 Minimum Require- ments for Electrical Systems Section 305 2 Exterior Walls Section 305 3 Roofs Section 305 7 Windows Section 305 8 Windows to be Glazed Section 305 11 Exterior Doors Section 305 13 Screens Section 305 21, Interior Door Hardware and Section 305 22 Bathroom Doors of the Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances and Section 651 11 Property Exterior Maintenance Standards Established Para- graph A Section 652 13 Duties and Responsibilities of Maintenance Standards Established Paragraphs A 1 and 6 and 652 15 Criteria of Building Appearance and Maintenance Paragraph D Mr Kleving reported that an inspection of exterior of the property had been made on September 20 1990 He further stated Code Enforcement Board Regular Meeting September 20 1990 Page 1 of 4 there were still eight (8) items of the original order which had not been brought into compliance Mr Kleving presented the Board with the following exhibits Exhibit A - Affidavit of Non-Compliance Exhibit B - Code Enforcement Board Order Exhibit C - Copy of the Unsafe Accessory Building Notice Exhibit D - Copy of the Unsafe Building Notice of the principal building Mr Harnett testified there had been a fire in the unit six weeks ago and that he had attempted to make repairs as previously directed by the Board s Order He further requested indulgence of Board to give him time to repair those items not in compliance Discussion followed Mr Hutchinson moved as follows Mr Harnett be found in non-compliance of the Board Order and that the fine which was imposed and went into effect on September 14 1990 at $250 00 a day and every day thereafter as long as the violation continues to exist remain in effect Mr Okell seconded the motion Discussion followed Vote on the motion was unanimous PUBLIC HEARINGS 1 Case No 90-22 R L May Parcel 2 Township 24 South Section 24 South Range 37 East South of Discovery Road Port Canaveral - Violation of Section 638 01 M-1 Prohib- ited Uses and Structures Section 641 33 Location of Recreational Vehicles, Camping Equipment, Boats and Boat Trailers Paragraph A Section 673 06 Unlawful Accumu- lation and Section 673 07 Unlawful Disposal Mrs Hutcherson reported that an inspection made this date revealed that the three trailers and bus had been removed from the property but nothing had been done on the removal of debris from the property Additional building materials roofing materials and other debris had been dumped on the property Mrs Hutcherson recommended the Board find Mr May in violation and give him a time certain to come into compliance Discussion followed Ms Benson moved as follows Findings of Fact There was an accumulation of building materials ruble horticultural trash and other debris on the property Conclusion of Law Mr May was in violation of Section 673 06 and 673 07 of the The Cape Canaveral Code of Ordinances Order That Mr May shall comply with the aforementioned Se tic on on or before October 11 1990 by taking the following action Remove the accumulation of building materials ruble horti- cultural trash and other debris from the property That Mr May also provide written prove of proper disposal of the debris The Order shall also further provide that upon compliance Mr May shall notify Evelyn Hutcherson a City official in writing She shall inspect the property and notify the Board of Compliance However upon failure to comply by October 11 1990 there shall be a fine of $250 00 for the first day of non-compliance October 12 Code Enforcement Board Regular Meeting September 20 1990 Page 2 of 4 1990 $250 00 per day for each and every day until brought into complete 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 Vote on the motion was unanimous 2 Case No 90-24 Jon C Windhorst and R H Delcazal Lot 5 Block 32 Avon-By-The-Sea 233 Jackson Avenue - Violation of Sections 103 2 Unsafe REsidential Buildings 302 1 Sanitary Facilities 302 9 Smoke Detector Systems 304 Minimum Requirements for Electrical systems 305 2 Exterior Walls 305 3 Roofs 305 7 Windows 305 8 Windows to be Glazed 305 11 Exterior Doors 305 12 Exterior Door Frames 305 13 Screens and 305 21 Interior Door Hardware of the 1988 Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances and Section 652 12 Duties and Responsibilities of Maintenance Standards Established Paragraphs A 1 and 7 and Section 652 15 Criteria for Building Appearance Mr Kleving presented the Board with Exhibit A - Citizen Com- plaint and Exhibit B - Notice of Ordinance Code violation Mr Kleving reported he had been in contact with both Mr Windhorst and Mr Delcazal and that both had been cooperative in bringing the property into compliance Mr Delcazal testified to the Board that the complaint was initiated due to a landlord-tenant dispute He further testi- fied that all efforts were being made to bring the property into compliance Mr Okell moved as follows Findings of Fact Exterior doors not maintained house needs a new roof exterior of building needs to be scraped brushed and painted and debris needs to be removed from the back yard Conclusion of Law Mr Windhorst and Mr Delcazal are in violation of Sections 305 3 and 305 11 of the 1988 Standard Housing Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances and Sections 652 11 paragraph A 652 13 paragraphs A 1 and 6 and 652 15 paragraph D of the Cape Canaveral Code of Ordinances Order It is the Order of the Board that Mr Windhorst and Mr Delcazal shall comply with the Cape Canaveral City Code of Ordinances Sections 305 3 and 305 11 of the Standard Housing Code and Sections 652 11 Paragraph A and 652 15 Paragraph D on or before November 20 1990 by taking the following action Maintain exterior doors in sound working condition and in good repair Doors shall be substantially weathertight watertight and rodent proof Replace roof on building scrape brush and paint exterior of the building and remove debris from back yard Upon complying Mr Windhorst or Mr Delcazal shall notify Thomas Kleving a City Official in writing who shall inspect the property and notify the Board of Compliance Should Mr Windhorst and Mr Delcazal fail to comply with the above order and the Code Enforcement Officer finds Code Enforcement Board Regular Meeting September 20 1990 Page 3 of 4 that they are still in violation then a fine shall be levied in the amount of $250 00 for the first day (November 21 1990) and $250 00 per day thereafter for each and every day the violation exists and continues to exist at 233 Jackson Avenue Ms Benson seconded the motion Vote on the motion was unanimous There being no further business the meeting was adjourned at 9 40 P M Approved this � -` day of °� �� r� � 1990 Chairman - A.k.Xy r 1 c� Secretary Code Enforcement Board Regular Meeting September 20 1990 Page 4 of 4 CITY OF C-,PE CnTtAvE?AL CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 18 1990 A reaular meetina of the Code Enforcemert Board of the City cf Cape Canaveral Florida gas held on October 18 1990 at the City Hall Annex 111 Polk Averue Cape Canaveral Florida Ms Hutcherson noted a typoarapnical error in the time specified for the Qeetina to beair lifter brief discussion the City Attornev stated that t"e meetina could be called to order at 7 30 P M and discussion could be held on the cases However no action could be taken until 8 00 P M Chairman Stenalein called the meerina to order at 7 30 P M The Secretary called the roll Members Present Charles Stenaleir Chairman Mary Russell Vice Chairman George Hutchinson James Okell Jeanne Benson Foy Moeller Members Absent Jean Porter-Gabler Others Present Mitch Goldman Deputti City Attorney Evelyn Hutcherson Code Erforcement Officer Thomas Klevina Cedes Erforcement ()fficer Susan Nelson Secretar% Mr Hutchinson moved to apprctie the minutes of September 20 19Q0 as writter Ms Benson seconded the motion Motion carried unanimously It was noted that the Nope-ber and December meetinas would be combined The next -neetina would be held on DeceTber 6 1990 The City Attornev swore in Evelyn qutcherson and Thomas Klevira Code Enforcement Officers COMPLIANCE HEARINGS 1 Case No _90_-22_ R L Mme_ Parcel 2— Section 15__Townsh__lp 24 South _Ranae~ 37 _East (South of Discove_r_v_ Road _ Port Canaveral ) '--Violation of Section _638 01 - M-1 Prohibited_Uses and Structres Section_641-33--Location of Recreational Vehicles _ Campina _Equipment Boats and ~Boat __Trailers Paraaraph A__Section_ 673 06_ Unlawful Disposal Ms Hutcherson testified that Mr Garver acting anent for Mr May submitted a bill from Pov D Harrell Construction in the amount of 85 510 00 along with receipts for hauling from Brevard Fill & Excavation She further testified that an inspection of the property gas made on r)ctober 11 1990 at which time the propertv was found in non-compliance because there was still a considerable amount of buildina materials debris etc to be removed She stated that an inspection made this date revealed that additional concrete had been dumped -lust South of Port Canaveral property since the original inspection TAas made She further stated that Code Enforcement Board Regular Meeting October 18 1990 Page 1 of 4 Mr Garver had requested an e-tension of the compliance date until January 1 1991 It was Ms Hutcherson s opinion that approximately 150 loads of debris rernained to be removed and since Mr May had ~Wade an effort to co*rply with the Board order she requested that the e-tension be aranted with compliance by January 10 1991 Discussion tollowed When discussion was completed the Board deferred action PUBLIC HEARIIIGS 1 Case No 90-25 Joseph Scott Lot_1_ 03 Block 35 Avon_-by-the- Sea ( 503 Jackson Avenue - Violation _ofSection _65_2 11 Property_Maintenance Standards_ Established_—Paraaraphs A and C1 Section_652 13 _Duties and Responsibilities of-Maintenance Standards Established and__Section 67303 Refuse and Trash Pickin Conditions _ Paragraph B Ms Hutcherson testified that the violations had been corrected and the property was in compliance 2 Case No 90-26 Ocean Park North Condominium Association Lots 13-16 Block_ 48Avon-by-_theme-Sea t350_ T4yor_ Avenue) _- Violatlo_n of Section 652_ 13 Duties_ and Responsibilities of Maintenance Standards_ Established -P_araaraph B 2 Screenlra of Service Yards and Dampsters v - - Ms Hutcherson testified that the dumpster had been screened and the property was in compliance DISCUSSION 1 Case No 90-23 Joseph _ Hartnett 515_Madison Avenue - Affidavit of Partial Compliance � Reguest for__reconsider_ation of fine imposed �! At this time the City Attorney swore in Mr Hartnett Ms Hutcherson testified that Air Hartnett had requested reconsideration of the fine unposed She noted that Mr Morgan Building Official submitted a memorandum which recommended that the fine for non-compliance be waived due to the facts that Mr Hartnett bad obtained a building permit for the removal of the accessory structure Since the structure had to be dismantled prior to its removal Mr Hartnett was given sixty days from September 25 1990 to complete the work It was Mr Moraan s opinion that Mr Hartnett had made a concerted effort to correct the violations and it was the intent of the City to make certain that the provisions of the Standard Housing Code and the ,esthetic Regulations be met Ms Hutcherson noted that the imposed fire was to start on September 14 1990 The Board members reviewed the aforementioned memorandum from Mr Morgan Discussion followed Mr Hartnett testified that it was his opinion that the violations had been completed on September 25 1990 with the exception of the rer^o� al of the accessory structure having the water turned back on and obtaining the affidavit from the electrician Mr Klevina testified that an inspection was made on September 10 1990 and at that time Mr Hartnett was found in non-compliance and an Affidavit of 'Ion-Compliance was mailed to Mr Hartnett on September 14 1990 He further testified that to date all of the violations nad been completed with the exceptions of removal of the accessory structure and the certification letter from the electrician An affidavit of Partial Compliance was mailed to Mr Hartnett on October 2 1990 Discussion ,gas held on possible reduction of the imposed fine Code Enforcement Board Reaular Meeting October 18 1990 Page 2 of 4 Mrs Russell moved as follows Reduction of Fine The imposed fine which had accuTulated in the amount of $4750 was reduced to S1 375 for the purpose of enticina Mr Hartnett to spend the remainina money on the improvement of his property Order That Joseph Hartnett shall comply with Chapter 619 of the Cape Canaveral Coae of Ordinances on or before November 30 1990 by takina the following action 1 The rer~oval of the accessory structure and all debris from the property 2 Provide a letter from Rvder Electric certifying that the electrical violations had been corrected in accordance with the National Electrical Code Upon complying Joseph Hartnett shall notify Thomas Klevinct a City Official in writina he shall insoect the property and notify the Board of compliance Should Joseph Hartnett fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then the fine shall be levied in the amount of 5250 00 a day for each and evert day the violation exists and continues to exist at 515- Madison 15Madison Avenue Mr Okell seconded the motion Vote on tree ~notion was as follows in favor Mr Hutchinson Mr Okell Ms Russell and Mr Stenalein opposed Ms Benson and Mr Moeller Motion carried COMPLIANCE HEhRINGS - CONTINUED Case No 90722 , R _ L_ May Mr Hutchinson moved as follows Findings of Fact_ Due to the quantity of building materials tree rubble horticultural trasr and other debris on the property additional time was needed to conDlet= the work Order_ It was the Order of tris Board that Mr May shall comply with the Cape Canaveral Codc of Ordinances Sections 673 06 and 673 97 on or before January 10 1991 by takina the following action 1 Remove the accumulation of buildina Taterials tree rubble horticultural trash and other debris from the property 2 Provide written proof of proper disposal of the debris Upon complyina Mr May shall notify Evelvn Hutcherson a City Official in writlna who shall inspect the property and notify the Board of compliance Should Mr May fail to corply with the above order and the Code Enforcement Officer finds that he is still in violation thin a fine shall be le-vied in the amount of $250 00 for the first day (January 11 1991) and $250 00 for each and every day the violation exists and continues to exist at Parcel 2 Section 15 Towrship 24 South Ranae 37 East Mrs Russell seconded the motion Discussion followed Vote on the notion was unanimous Code Enforcement Board Regular Meeting October 18 1990 Page 3 of 4 ITEW BUSINESS 1 Election of Officers Mr Moeller nominated Charles Stenalein as Chairman and Mary Russell as Vice Chairman Mr Okell seconded the -^otion Motion carried unanimously There being no further business the Teetina was adjourned at 8 30 P M Appro ied this day of _ 1990 Chairman Secretary Code Enforcement Board Regular Meeting October 18 1990 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD SPECIAL MEETING NOVEMBER 7 1990 A special meetina of the Code Enforcement Board of the City of Cape Canaveral Florida was held on November 7 1990 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairrian 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 George Hutchinson James Okell Jeanne Benson Roy Moeller Jean Porter-Gabler Others Present Joy Salamone Mayor Edward Spenik City Manager Mitch Goldman Deputy City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Susan Nelson Secretary The City Attorney swore in Mr Kirby Ms Hutcherson and Mr Klevina PUBLIC HEARING 1 Case No 90-27 , T W K Properties Inc Lot 5 and Part of Lot 6 , Block 69 , Avon-By-The-Sea (109 Lincoln Avenue) - Violation of Sections 103 2 , Unsafe Residential Buildings , 302 1 Sanitary Facilities , 302 2 , Location of Sanitary Facilities , 302 3 , Hot and Cold Water Supply, 302 4 Water Heatina Facilities , 302 5 , Heating Facilities , 302 6 , Cooking and Heating Equipment , 302 9 Smoke Detector Systems , 304 Minimum Requirements for Electrical Sistems , 305 2 , Exterior Walls, 305 3 Roofs 305 8 Windows to be Glazed 305 10 Windows to be Operable 305 12 Exterior Door Frames 305 13 Screens 305 16 Interior Floors Walls and Ceilings 305 20 Interior Doors 305 21 Interior Door Hardware 305 23 Skirting 306 1 , Required Space in Dwellinq Units , and 307 4 . Care of Premises , of the 1988 Standard Housinq Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances , the National Electrical Code as adopted by Chapter 617 of the Cape Canaveral Code of Ordinances and Sections 652 11 Property Exterior Maintenance Standards Established Paragraphs A and C 652 13 Duties and Responsibilities of Maintenance Standards Established, Paragraph A 1 , 652 15 , Criteria For Building Appearance and Maintenance , Commercial Industrial and Residential , Paragraph D of the Cape Canaveral Code of Ordinances Code Enforcement Board Special Meeting November 7 1990 Page 1 of 2 Ms Hutcherson testified that Allen Poole and Charles Scheible had filed written complaints (Exhibits A and B) and affidavits (Exhibits C D and E) reaardina deficiencies at 109 Lincoln Avenue and work that they had performed at 109 Lincoln Avenue and 305 Monroe Avenue An inspection of the property was made except for Unit D and numerous violations were noted Three of the five units were posted as Unsafe for Occupancy on September 20 1990 (Exhibit F) A notice of violation with a compliance date of October 10 1990 was hand delivered to Mr Kirby on September 24 1990 (Exhibit G) An inspection made on October 9 1990 revealed that Mr Kirby was making needed repairs on the trailer and his request for an extension of time was granted Due to a landlord/tenant dispute Mr Poole refused to vacate his unit (C) so that the violations in that unit C could not be corrected Ms Hutcherson further testified that since the progress of bringing the property into compliance was at a standstill Mr Kirby had been given notice of the special meeting (Exhibit H) to hear this case on November 2 1990 She advised the Board that Mr Kirby had provided the City with a copy of a Summons and Notice of Hearina (Exhibit I) to evict Mr Poole and that the hearing was scheduled for November 28 1990 Mr Kleving sketched a layout of the building and the trailer He noted that the electrical meter for the trailer was located on the adiacent property He explained how the original duplex had been modified to create two additional units Discussion followed Mr Kirby testified that he bought the building as a triplex in 1983 and submitted a copy of the deed as (Exhibit J) He further testified that a shower had been installed in unit C without a buildina permit A wall had been installed to divide units B and C without a buildina permit and that the electrical service to the trailer was hooked up to the abutting property at 113 Lincoln Avenue Mr Kirby noted that the owner of 113 Lincoln Avenue had aiven him permission to place the meter for the trailer at 113 Lincoln Avenue Discussion followed Mr Moeller moved as follows CONTINUATION OF HEARING A continuation of the Public Hearina on Case No 90-27 would be heard by the Code Enforcement Board of the City of Cape Canaveral on December 6 1990 ORDER It was the order of this Board that T W K Properties shall 1 Allow the City to inspect Unit D for possible violations 2 Return the principal structure to a duplex 3 Have Unit F inspected and certified by HUD 4 Correct violations listed in the Notice of Violation Mr Hutchinson seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at 8 37 P M Approved this _ day of �o.2Z1 a� 1990 Chairman Secretary Code Enforcement Board Special Meeting November 7 1990 Page 2 of 2 CITY OF CAPE CANAVERAL COLE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 6 1990 A reaular Teetina of the Code Enforcement Board of the City of Cape Canaveral Florida was held on December 6 1990 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairman Stenalein called tre meeting to order at 7 30 P M The Secretary called the roll Members-Present Charles Stenalein Chairman Mary Russell Vice Chairman Georae Hutchinson James Okell Jeanne Benson Members—Absent Roy Moeller Jean Porter-Gabler Others Present Edward Spenik City Manaaer Ann Thurr Council Member Rocky Randels Council Member Dave Saraeant Fire Chief Mitch Goldman Deputy City Attorney Evelvn Hutcherson Code Enforcement Officer Thomas Klevina Code Enforcement Officer Susan Nelson Secretary Mr Okell moved to approve the minutes of October 18 1990 as written Mr Hutchinson seconded the motion Motion carried unanimously Mr Hutchinson moved to approve the minutes of November 7 1990 as written Ms Benson seconded the motion Motion carried unanimously It was noted that the next meetina would be held on January 17 1991 The City ,,ttorney swore in Evelyn Hutcherson and Thomas Klevina Code Enforcement Officers COMPLIANCE HEARINGS_ 1 Case No 90-23 _Josevh Hartnett Lot 4 _Block 23 Avon-By-The- Sea , Section 23 Township 24 South _Rance 37 East (515 Madison Avenue) _Violation of Section 103 2 , Unsafe Residential Buildings , Section 302 1_ Sanitary Facilities 302 9 Smoke Detector _Systems Chapter_ 304 Minimum _R_e�c_uirements for Electrical Systems _ StionT305_2Exterior Walls _Section 305 3 RoofsSection 305 7 Windows Section 305 8 _Windows to be Glazed,_Section 305 11- Exterior Doors , Section 305 13 Screens _ Section _305 21 Interior Door Hardware and Section 305 22 Bathroom_ Doors _of the Standard Housing Code _as adopted by Chapter _619 of� the Cape_Canaveral Code _ of Ordinances and Section 651 11 Property Exterior Maintenance Standards Established paragraph A, Section 652 13 Duties and Responsibilities of Maintenance _ Standards Established Code Enforcement Board Regular Meeting December 6 1990 Page 1 of 4 Paragraphs A 1_ and_ 6� and_ 652 15 , Criteria_ of_ Building Appearance and Maintenance Paragraph D Mr Klevina testified that the property was in compliance and that an Affidavit of Compliance had been nailed 2 Case No 90-24 ,_ Jon C Windhorst and R H Delcazal Lot 5 Block 32_x-,Avon-By-The-Sea (233 Jackson Avenue) - Violation of Section 103 2 , Unsafe Residential Buildings 302 1 , SanitaKy Facilities 302 9 Smoke Detector Systems 304 Minimum Reguirements for Electrical Systems,_305 2 , Exterior Walls 305 3 , Roofs , 305 7 T Windows_ 305 8 , Wlndows to be -Glazed 305 11 , Exterior Doors 305 12 Exterior Door Frames 305 13 Screens and 305_21 , Interior Door hardware of the 1988 Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances and Section 652 12 Duties_and Responsibilities of__ Maintenance _ Standards Established paragraphs A 1 and 7 and Section 652 15 Criteria_ for Building Appearance Mr Klevinq testified that the property was in compliance and that an Affidavit of Compliance had been mailed PUBLIC-HEARINGS- 1 UBLICHEARINGS1 Case No 90-27�T W K Properties Inc Lot 5 and Part of Lot 6L Block_ 69 , Avon-BY-The-Sea (109_ Lincoln Avenue) -_Violation of Sections_ 103 2 Unsafe Residential. Buildings _ 302 1 Sanitary Facilities , 302 2 _Location of Sanitary Facilities 302 3 __Hot and Cold Water Supply 302 4 _Water_ Heatina Facilitiest 302 5 _Heating Facilities , 302 6 , Cooking and Heat ing_Egui=ent 302 9 Smoke Detector Systems 3041 Minimur Requirements—for Electrical_,_. Systems 305 2 , Exterior Walls_ 305 31 Roofs 305 8 Windows to be Glazed 305 10 , Windows_t_o be _Operable , 305 12 , Exterior—Door _Frames , 305 13 , Screens , 305 16 Interior Floors Walls andCeilings , 305 20, Interior Doors 305 21 Interior _Door Hardware , 305 23 , Skirting, 306 1 Required Space in Dwelling Units , and 307 4 Care of Premises of the 1988 Standard Housing Code as adoptedby Chapter 619 of the _Cape Canaveral Code of Ordinances , the National Electrical Code as adopted�_y__ _ _pter 617 of the Cape Canaveral Code of Ordinances and Sections 652 11 Propertv exterior Maintenance Standards Established, Paragraphs A and C , 652 13 Duties and Responsibilities of Maintenance Standards Established, Paraaraioh A 1 , 652 15 , Criteria for Building Appearance and Maintenance , Commercial Industrial and Residential Paragraph D of the Cape Canaveral Code of Ordinances Mr Klevinq testified that Mr Kirbv had made aood proaress in brinaina the property into corpliance He advised that Mr Kirby had a problen vacating one of the tenants However that tenant had been evicted and a court inzunction was filed to keep that tenant off of the property Mr Klevinq advised that HUD would not make an inspection on the trailer An inspection of Unit D was made on December 26 1990 and at which time some deficiencies were found He subiritted a copy of a letter noting deficiencies for Unit D (Exhibit A) Kirby Electric provided a letter which outlined the work performed and certified that the electrical work complied with the Cape Canaveral Building Code (Exhibit B) Mr Kirby provided a letter to the City which held the City harmless of any structural electrical plumbina or life threatening situations (Exhibit C) After reviewing the Hold Harmless letter Attorney Goldman stated that the letter was inadequate and since the City had no safety standards for mobile homes he agreed to research the issue and report back to the Board at the next meeting Mr Klevina further testified that the wall separating Code Enforcement Board Reaular Meeting December 6 1990 Paqe 2 of 4 Units B and C had been removed thereby convertins the principal structure back to a duplex The outdoor commode for Unit C had been removed Unit L-3 would only be used for a storage room A water heater gas improperly installed In the bathroom for Unit B without a permit The smoke detector was missina in Unit B The electrical panel box in Unit B was not properlv labeled The vent pipes corina from Units B and D needed to be extended Discussion followed Mr Hutchinson moved as follows FINDINGS OF FACT There was a hot water heater installed in Unit B withouth a permit ri smoke detector was -nlssina In Unit B The electrical panel box In Unit B was improperly labeled The vent pipes corina from Units B and D needed to be extended above the roof vent CONCLUSION OF LAW T W K Properties Inc was in violation of Sections 302 4� 302 9 and 304 of the 1988 Standard housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances ORDER T W K Properties Inc shall comply with the aforementioned Sections on or before January 7 1991 by takina the following action 1 Obtain permit for installation of hot water heater in Unit B 2 Install smoke detector In Lnit B 3 Label electrical panel box in Unit B 4 Extend the vent pipes in Units B and D 5 Repair or replace any item (s ) not mentioned above that are deemed necessary to comply with all applicable Coaes and Ordinances 6 All deficiencies and violations must be corrected in accordance to all applicable Codes and Ordinances 7 The City shall reserve the richt to defer consideration of Jnit P until the next hearing Upon complying T W K properties Inc shall notify Thomas Klevina a City Official in writing he shall inspect the property and notify the Board of Compliance Should T W K Properties Inc 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 and fifty dollars ($250 00 ) for the first day (January 8 1991 ) and one hundred dollars ($100 00) for each and every day the violation exists and continues to exist at 109 Lincoln Avenue Should the violation reoccur upon notification by the Code Enforcement Officer a fine of two-hundred and fifty dollars (5250 00) per day shall be imposed for each and every day the violation continues to exist Mr Okell seconded the motion Discussion followed Motion carried unanimously Code Enforcement Board Reaular Meeting December 6 1990 Page 3 of 4 REQUEST FOR HEARING 1 Mr James Hughes 368 Harbor_Drive requested a hearing before the Code Enforcement Board—regardina an Animal Control Citation -M- Chairman Stenalein advised the Board members that the Animal Control Officer had issued Mr Huahes a Citation for walkina his doa on the beach He noted that the City had adopted the Brevard County Animal Control Act in its entirety Discussion followed Attorney Goldman read for the Board members a portion of Chapter 701 which stated No animal shall be allowed at any public or on any beach in the City of Cape Canaveral Discussion followed Attorney Goldman advised that he ,could research as to where the appellant process would take place and report his findings to the City Manaqer There being no further business tqe meeting was adjourned at 8 30 P 11 Approved this _ � � day of UL0 til __ 19 airman Secretary Code Enforcement Board Regular Meetinq December 6 1990 Paqe 4 of 4