HomeMy WebLinkAboutCEB 1991 Minutes CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
JANUARY 17 1991
A regular meeting of the Code Enforcement Board of the City of Cape
Canaveral Florida was held on January 17 1991 at the City Hall
Annex 111 Polk Avenue Cape Canaveral Florida
Chairman Stenalein called the meetina to order at 7 30 P M The
Secretary called the roll
Members Present
Charles Stenalein Chairman
Mary Russell Vice Chairman
Georae Hutchinson
Roy Moeller
James Okell
Jeanne Benson
Jean Porter-Gabler
Others Present
Joy Salamone Mayor
Ann Thurm Council Member
Andy Kedzierski Council Member
Edward Spenik City Manager
James Morgan Building Official
Mitch Goldman Deputy City Attornev
Evelyn Hutcherson Code Enforcement Officer
Wes Fox Animal Control/Code
Enforcement Officer
Thomas Klevinq Buildinq Inspector / Code
Enforcement Officer
Susan Nelson Secretary
Mr Hutchinson -roved to approve the minutes of December 6 1990 as
written Ms Benson seconded the motion Motion carried
unanimously
It was noted that the next meetina would be held on February 21
1991
The City Attorney swore in Evelyn Hutcherson Wes Fox and Thomas
Klevinq Code Enforcement Officers and James R Hughes
COMPLIANCE HEARINGS
1 Case No 90-22 R L May Parcel 2 Section 15 Township 24
South Range 37 East (South of Discovery Road Port Canaveral )
- Violation of Section 673 06 Unlawful Disposal
Ms Hutcherson testified that an inspection made on January 10
1991 revealed that no proaress had been made on removing the
debris Ms Hutcherson and Mr Klevina had met with Mr Garver on
January 11 1991 the officers pointed out the areas in violation
Mr Spenik City Manager and Ms Hutcherson met with Mr May and
Mr Garver on January 14 1991 and delivered the Affidavit of Non-
Compliance Mr May agreed to have the debris and unauthorized
fill removed from the property Ms Hutcherson further testified
that Mr Garver had been advised that it would be necessary to
obtain a fill permit from St Johns River Management prior to
requesting a fill permit from the City On Wednesday January 16
1991 Mr Garver had advised Ms Hutcherson that equipment was on
site and the work was in progress The officers inspected the site
Code Enforcement Board
Regular Meetina
January 17 1991
Page 1 of 4
on January 17 1991 and found that there was a considerable amount
of debris scallop shells and unauthorized fill to be removed The
members and audience viewed a video of the debris Ms Hutcherson
stated that Mr May had agreed to bring the property into
compliance She requested that the Board waive the fine imposed
on January 11 1991 and requested to extend the compliance date
until February 11 1991 provided that the work continued to
progress Discussion followed
Mr May advised that it would take approximately one month to
remove all of the debris and when all the debris was removed a
fence would be installed to avoid future dumping
Mr Hutchinson moved to extend the compliance date until February
11 1991 provided that the work continues to progress and is
completed by that date Ms Russell seconded the motion
Discussion followed Mr Hutchinson amended the motion to include
that if the property was not in compliance by February 11 1991
then the fine of $250 00 per day would go into effect Vote on the
amendment and main motion carried unanimously
2 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 Heating
Facilities , 302 5 Heating Facilities , 302 6 , Cooking and
Heating Equipment, 302 9 Smoke Detector Systems , 304 , Minimum
Requirements for Electrical Systems , 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 Dwelling Units and 307 4 Care of
Premises of the 1988 Standard Housing 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
Mr K1eving testified that the property was In compliance and that
an affidavit of compliance had been mailed Mr Klevinq inquired
about the hold harmless letter It was noted that the building had
be returned to a duplex The Board members summarized and
discussed the non-conforming use of the trailer
PUBLIC HEARINGS
1 Case No 91-01 James R Hughes , Lot 109 , Harbor Heights ,
Third Addition (368 Harbor Drive) - Violation of Section
701 05 Animals Prohibited in Parks and Beaches
Mr Fox testified that after numerous verbal warnings and an
abundant amount of recent verbal complaints from residents on
Harbor Drive who advised him of the times and locations where Mr
Hughes walked his dog The Building Official had agreed to change
Mr Fox s shift hours Mr Fox further testified that at
approximately 3 45 P M on November 27 1990 he parked his truck
in Ocean Woods and walked through the nature trail to the beach
At 4 05 P M Mr Fox witnessed Mr Hughes walking his dog on the
dunes approximately 100 yards east of Ridgewood Avenue and the No
Animals on Beach sign He had advised Mr Hughes of Cape
Code Enforcement Board
Regular Meeting
January 17 1991
Page 2 of 4
Canaveral Ordinance No 701 and County Ordinance 4-14 Sections 3
and 4 Mr Hughes was issued a Notice of Violation Mr Fox
further testified that he had been recently advised that Mr Hughes
still walked his doa in the same areas and dial not pick up the
feces or observed the No Animals on Beach sign However he had
not witnessed this himself
Mr Fox was asked by the City Attorney how many verbal warninas
were given to Mr Hughes Mr Fox reiterated that between seven
and ten within a year
Mr Hughes testified that he requested this hearing to protest the
violation It was his opinion that the violation was not legal
He advised the Board that he had asked Mr Fox to define a dune
area Mr Fox had explained that the dune area extended to the
east edge of Ridgewood Avenue It was Mr Hughes opinion that
Ordinance 701 05 in which he was sited did not mention dunes and
dune areas and that the Ordinance did not specifically state what
a dune area was It was also his opinion that the area was private
property the property did not belong to the beach or the County
the property was not posted and that the property was available
to the residents of Harbor Heights for 28 years He advised that
every resident who owned a dog in Harbor Heights utilized the
property Discussion followed
Attorney Goldman read from the Black Law Dictionary and defined a
beach Discussion followed The Board members reviewed Section
4-5 of the Brevard County Animal Control Act adopted by the City
of Cape Canaveral and Section 651 03 of the Cape Canaveral Code of
Ordinances Discussion continued
The Board members discussed possible future procedures for
contested animal control citations It was suggested that the City
Council review the Ordinance and possibly change it to clarify the
hearing process and define dune areas
Mr Moeller moved that in Case No 91-01 James R Hughes was found
in Violation of Ordinance 701 05 Animals Prohibited in Parks and
Beaches as adopted by Ordinance 701 05 that the respondent shall
pay the $35 00 fine If the fine was not paid the case would be
referred to the State Attorneys Office and shall be considered
under Section 801 01 Penalties Mr Hutchinson seconded the
motion Vote on the motion was as follows in favor Ms Benson
Mr Hutchinson Mr Moeller Mr Okell and Mr Stenglein opposed
Ms Porter-Gabler and Ms Russell Motion carried
2 Case No 91-02 , Canaveral Bay, Inc , Lot 1 16 Block 8 ,
Canaveral Beach Gardens , Unit 2 (8590 Canaveral Beach Blvd ) -
Violation of Sections 302 1 , Sanitary Facilities, 302 5,
Heating Facilities, 302 6 , Cooking & Heating Equipment, 302 9
Smoke Detector Systems, 305 8 , Windows to be Glazed and
305 10 , Windows to be Operable , of the Standard Housing Code ,
as adopted by Chapter 619 of the Cape Canaveral Code of
Ordinances , and the National Electrical Code, as adopted by
Chapter 617 of the Cape Canaveral Code of Ordinances
Mr Klevina testified that Destiny Glaubitz (Perez) had filed a
written complaint (Exhibit A) regarding deficiencies at Ebb Tide
Condominium 8590 Canaveral Beach Blvd Unit 15 He made an
inspection of the unit on November 19 1990 A Notice of Violation
was mailed to the owner Canaveral Bay Inc on November 21 1990
(Exhibit B) with a compliance date of January 10 1991 Mr
Kleving made an inspection of the unit on January 16 1991 with
Mr Biery previous owner and Mr Katz new owner Since Ms
Biery could not attend this meetina she had submitted a letter
advising that the property had been transferred to Mr Katz on
January 4 1991 The letter further advised that the apartment had
Code Enforcement Board
Reaular Meeting
January 17 1991
Page 3 of 4
been vacated by the previous tenant (Exhibit C) He further
advised that the power had been turned off However none of the
deficiencies had been corrected Mr Kleving reviewed the sited
violations
Mr Morgan Building Official advised the Board that he would
contact Florida Power & Light and request that the service be
discontinued until the unit was brought into compliance
Discussion followed
Mr Hutchinson moved that Case No 91-02 Canaveral Bay Inc be
tabled indefinitely The Building Official would see that electric
service remain off until the unit was brought into compliance or
until a negotiated arrangement could be made Mr Okell seconded
the motion Discussion followed Vote on the motion was as
follows In favor Mr Hutchinson Mr Moeller Mr Okell Ms
Porter-Gabler Mr Stenglein opposed Ms Benson Ms Russell
Motion carried
There being no further business the meeting was adaourned at 8 40
P M
Approved this al 5j day of _ 1991
i
Suwm L
Chairman
Secretary
Code Enforcement Board
Regular Meeting
January 17 1991
Page 4 of 4
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
FEBRUARY 21 1991
A reaular meeting of the Code Enforcement Board of the City of Cape
Canaveral Florida was held on February 21 1991 at the City Hall
Annex 111 Polk Avenue Cape Canaveral Florida
Chairman Stenalein called the meetina to order at 7 30 P M The
Secretary called the roll
Members Present
Charles Stenqlein Chairman
Mary Russell Vice Chairman
Georae Hutchinson
Roy Moeller
James Okell
Jeanne Benson
Members Absent
Jean Porter-Gabler
Others Present
Ann Thurm Council Member
Andy Kedzierski Council Member
James Moraan Building Official
Mitch Goldman Deputy Citv Attorney
Evelyn Hutcherson Code Enforcement Officer
Thomas Flevina Building Inspector / Code
Enforcement Officer
Susan Nelson Secretary
Mr Okell moved to approve the minutes of January 17 1991 as
written Ms Benson seconded the motion Motion carried
unanimously
It was noted that the next meetina would be held on March 21 1991
The City Attorney swore in Evelyn Hutcherson and Thomas Klevina
Code Enforcement Officers
COMPLIANCE HEARINGS
1 Case No 90-22 R L — May Parcel 2� Section 15 Township 24
South Ranke 37 East (South of Discovery Road Port Canaveral )
- Violation of Section 673 06 Unlawful Disposal
Ms Hutcherson testified that due to mechanical problems with the
equipment the work had not been completed on February 11 1991
However the property was in compliance and Mr Mays had aareed to
install a fence to prevent future dumping Ms Hutcherson
requested that the fine imposed beginning February 12 1991 be
waived
Mr Okell moved that Case No 90-22 R L May be found in
compliance and that the imposed fine be waived Mr Hutchinson
seconded the motion Motion carried unanimously
Code Enforcement Board
Regular Meetina
February 21 1991
Page 1 of 3
2 Case No 91-01y James�R Hughes_ Lot 109 _Harbor Heights_
Third Addition (368 Harbor_ Drive) - Violation of Section
701 05 Animals Prohibited in Parks and Beaches
Ms Hutcherson testified that Mr Hughes had paid the fine She
advised the members that City Council had made a revision to the
Animal Control Act in that future animal control hearings would be
heard by the Brevard County Circuit Court
PUBLIC HEARINGS
1 Case No 91-03 SSS Partnership Replat of Parcel A Ocean
Woods Stage 8 A (8751 Ilex Court) - Violation of Sections
103 2 , _ Unsafe Residential Building 302 1 , Sanitary
Facilities 303 4 Electrical Lights and Outlets 304 Minimum
Requirements for Electrical Systems , 305 2 , Exterior Walls
305 3 Roofs 305 7 Windows _305 11 Exterior Doors and
305 16 Interior Floors Walls_ and Ceilinas of the 1988
Standard Housing Code as adopted by Chapter 619 of Cape
Canaveral Code of Ordinances
Mr Klevina testified that the violations had been corrected and
that the property was in compliance
2 Case No 91-04 Arthur W Jones d/b/a Appearance Plus 8728
Croton Court - Violation of Florida Statutes 205 Local
Occupational License Taxes_ and Section 721 05 License
Required, Payment of Tax Prerequisite to Issuance and 721 11L
Unlawful to Engage in Business etc Without License
Ms Hutcherson testified that Mr Jones had received a renewal
application a delinquency notice and a notice of violation
(Exhibit A) She further testified that she had been unable to
reach him through his answering service Ms Hutcherson summarized
the requirements of a home occupational license
Mr Hutchinson moved as follows
Findings of Fact Arthur W Jones was operatina a business
without an occupational license
Conclusion of Law Arthur W Jones was in violation of
Sections 721 05 and 721 11 of the Cape Canaveral Code of
Ordinances
Order _ Arthur W Jones shall comply with the aforementioned
Sections on or before March 11 1991 by taking the following
action
1 Obtainina an Occupational License or
2 Notify the City in writina that he was no longer
operating a business in the City of Cape Canaveral
Upon complying Arthur W Jones shall notify Evelyn
Hutcherson a City Official in writing She shall inspect
the property and notify the Board of compliance
Should Arthur W Jones fall 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
S100 00 for the first day (March 12 1991) and S100 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 S250 00 per day shall be
imposed for each and every day the violation continues to
exist
Code Enforcement Board
Reqular Meeting
February 21 1991
Page 2 of 3
Mr Okell seconded the motion Motion carried unanimously
3 Case No 91-05 Georgia International Life Insurance Company,
Winston-Salem, N C - Violation of Florida Statutes 205 Local
Occupational License Taxes and Section 721 05 License
Required Payment of Tax Prerequisite to Issuance and 721 11
Unlawful to Enaaae in Business etc Without License
Ms Hutcherson testified that Georgia International Life Insurance
Company had received a renewal application a delinquency notice
and a notice of violation She further testified that she had no
local contacts Discussion followed
It was the consensus of the Board members to postpone this item
until the next scheduled meeting to allow the Code Enforcement
Officer time to contact Georgia International Life Insurance
Company by phone to confirm if they were doing business in the
City of Cape Canaveral
Ms Hutcherson advised that she had received the hold harmless
letter from the City Attorney and would request Mr Kirby to sign
the letter to relieve the City of any responsibility in reaards to
the trailer
There beina no further business the meeting was adjourned at 7 55
P M
Approved thisa�3rd day of nui 1991
Chairman
Secretary
Code Enforcement Board
Reaular Meeting
February 21 1991
Paae 3 of 3
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
MAY 23 1991
A reaular meetina of the Code Enforcement Board of the City of Cape
Canaveral Florida was held on May 23 1991 at the City Hall
Annex 111 Polk Avenue Cape Canaveral Florida
Chairman Stenalein called the meetina to order at 7 30 P M The
Secretary called the roll
Members Present
Charles Stenalein Chairman
Georae Hutchinson
Roy Moeller
James Okell
Jean Porter-Gabler
Members Absent
Mary Russell Vice Chairman
Jeanne Benson
Others Present
James Woodman City Attorney
Evelyn Hutcherson Code Enforcement Officer
Thomas Klevina B u 1 1 d i n a Inspector / Code
Enforcement Officer
Susan Nelsor Secretary
Mr Hutchinson moved to approve the minutes of February 21 1991
as written Ms Porter-Gabler seconded the motion Motion carried
unanimously
it was noted that the next meetina would be held on June 20 1991
The Secretary swore in Evelyn Hutcherson and Thomas Kleving Code
Enforcement Officers
COMPLIANCE HEARINGS
1 Case No 91-04 Arthur_W Jones d b a�Avvearance Plus 8_728
Croton Court - Violation of Florida Statutes �205 , Local
Occupational _ License_ r"axesl__and—Section 721 05 License
R_.equired- Payment of Tax Prereauisite to Issuance , and 721 11�
Unlawful to Enaaae in Business- Etc Without License
Ms Hutcherson testified that this case was in compliance
PUBLIC HEARINGS
1 Case No 91-06,_ Gary Bailey T Lot 8 Block A Lona Point
Subdivision Unrecorded 1210/212_Long Point Road) - Violation
of Chapter 671 01 Connections with Sewer Required
Ms Hutcherson testified that Mr Bailey had financial problems
He had assured her that the sewer line would be connected by the
middle of May She noted that the plumber had difficulty locatina
the main She advised the Board members that Mr Bailey had
requested a 15 day time extension to connect to the City sewer
sys tern
Code Enforcement Board
Regular Meeting
May 23 1991
Page 1 of 5
Mr Okell ~roved to extend the co-pliarc= data in Case No 91-06
Garti Bailey until ,:une 15 1891 Mr -iutchinson seconded the
~potion Motion carried unar-Tously
2 Case_ No_ 91-07 B & B B Li-^ited Partnersh.hin d b a _ Circle K
Coloration #4971 Lots 1-4 and- 9-10 Block_ 31—Avon-BY-The-
Sea
1 ,_Avon-BY-The-Sea (7700 North Atlantic Avenue )_ - Violation_ of Sectio-
652 11
ection65211 Proper Exterior Maintenance Standards Established
Paraarg.ph_(C),-and Section 652 13 Duties and Responsibili_t_ies
of- Maintenance-Standards Established- Paragraph (B) (2 )
Mr Klevincl testified that a non-conforrinq fence had been
installed and that the dumpster area fence was in need of repair
He advised that the contractor had been waiting to be paid for the
%ork he had already completed so that he could continue the work
Mr Kleving requested that the Board grant B & B B Limited
Partnership until June 10 1991 ro come into compliance
Attorney Woodman advised that Circle F Corporation had filed under
Chapter 11 Discussion followed
Mr Okell moved as follows
Findings of Fact The fence and duynpster enclosure Baas in
need of repair
Conclusion of - Law B & B B Limited Partnership was in
violation of Section 652 1,L Property Exterior Maintenance
Standards Established Paragraph (C) and Section 652 13
Duties and Resporsibil-ties of Mainterance Standards
Established Paraaraphs (B) ( 2)
Order B & B B Limited Partnership shall comply with the
aforementioned sections on or before June -0 1991 by
repairincr the fence and du7pster enclosure
Upon complyina B & B B Limited Partnership shall notsfy
Thomas Klev_na a City Official in writing He shall inspect
the property and notify the Board of compliance
Should B & B B LiTited Partnership tail to comply with the
above order and the Code Enforcerent Officer finds that he is
still in violation then a fine shall be levied in the amount
of $250 00 for the first day (June 11 1991) and $250 00 for
each and every day the violation exists and continues to
exist Should the violation reoccur upon notification by the
Code Enforcerent Officer a fine of 5250 00 per day shall be
imposed for each and ezery day the violation continues to
exist
Mr Moeller seconded the motion Motion carried unanimously
3 Case No —91-08-- Mercedes Montalvo -Lot 13 Block 36 nvon-
By-The-Sea_ (116 Tesler Avenue) _- Violation of Section_ 641 37
Parkincr and_Storage of-Certain Vehicles
Mr Kleving testified that this case was in compliance
4 Case No 91-09 Nell_ and Nancy_MacKonnon Lots 9 & 10_ Block
43 Avon,-By_-The-Sea (276-Polk Avenue) - Violation of Sections
302 1 - —Sanitary Facilities _ 302 6,_ Cooking_ and _Heating
Eoui,p7ent, 303_4,_ Electrical Lights _and Outlets_ 304- Mlrimum
Reauiraments for Electrical - Systems _ 305 6 _ Protective_
Railinas,-305-7 _ Windows 305 8 WindoRs to be Glazed_ 305 10
Windows to be op§.jrable _305 12, E�terior_Door Frares _305 13 _
Screens 305_16 Interior_Floors Walls and Ceili__ngs 305_22
Bathroom Doors 307 1 Sanitation__307 4 , -Care of Pre7ises of
Code Enforcement Board
Regular Meeting
May 23 1991
Paae 2 of 5
the Standard Housing Code as adopted by Chapter_ 619 of the
Cape__Canav_eral Code of Ordinances _ and Section 652 15
Criteria for Building &ppearances and Maintenance Commercial_
Industrial and Residential Paragraphs (C) and (D) _
Mr Klevincr testified that he had made an inspection of all the
units He submitted a copy of the violation notice as (exhibit A)
Mr Klevina advised that only one item on the violation notice had
been corrected
Mr Moeller moved as follows
Findings of Fact The plumbina fixtures leaked numerous
burners did not work on sto,7es many switches and receptacles
did not work plates were Tissina from electrical bores panel
covers were not secure to walls panels were not labeled
blanks were needed in panels water heater in unit 11 was not
wired correctly wiring was exposed in box in bathroom stair
railinas were loose windows were out of their frames windows
would not operate properly nur•erous panes were broken
exterior door frames lacked weather stripping and thresholds
screens were missinu ceiling in bathroom in Unit 11 was
falling in bathroom bathroom door hardware did not work raw
sewaae on around under south units buildina material and
other articles posina a fire hazard were stored under south
units A/C units were not screened shutters were missing off
south face of building paint TAas peelina off buildina and
exterior walls were discolored with stains and paint
Conclusion of Law_ Nell and Nancy MacKennon were in violation
of Sections 3021 Sanitary Facilities 302 6 Cookina and
Heating Equipment 303 4 Electrical Lights and Outlets 304
Minimum Reauirements for Electrical Systems 305 6 Protective
Railings 305 7 Windows 305 8 Windows to be Glazed 305 10
Windows to be openable 305 12 Exterior Door Frames 305 13
Screens 305 16 Interior Floors Walls and Ceilings 305 22
Bathroom Doors 307 1 Sanitation 307 4 Care of Premises of
the Standard Housing Code as adopted by Chapter 619 of the
Cape Canaveral Code of Ordinances and Section 652 15
Criteria for Building Appearances and Maintenance Commercial
Industrial and Residential Paragraphs (C) and (D)
Order_ Neil and Nancy MacKennon shall comply with the
aforementioned sections on or before June 14 1991 by takina
the following action
1 Maintain all plumbing fixtures and pipes in good sanitary
workina condition free from defects leaks and
obstructions
2 Repair or replace all defective burners and thermostats
on ovens and stoves
3 Bring all electrical violations into compliance with the
N E C and Chapter 17 of the Cape Canaveral Code of
Ordinances This work shall be performed by a qualified
electrician
4 Repair or replace defective stair railings
5 Make all windows substantially weather tight in sound
working condition and replace all broken panes
6 Maintain all exterior doors in sound working condition
and in good repair Doors shall be substantially weather
tight %ater tight and insect resistive
Code Enforcement Board
Regular Meeting
May 23 1991
Page 3 of 5
7 Install screens in windows where missing
8 Repair ce-linq it bathroom in Unit 11
9 Supply all interior doors with proper hardware securely
attached and ~maintained
10 Clean up raw sewage under south units
11 Remove all building materials mattresses and other
unnecessary articles stored under south unit
12 Screen A/C units
13 Remove existing shutters or replace those which are
missing
14 Repaint building where needed
Upon complying Neil and Nancy MacKennon shall notify Thomas
Kleving a City Official in writing he shall inspect the
property and notify the Board of compliance
Should Nell and Nancy MacKennon 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 two-hundred and fifty dollars ( $250 00) for the first day
(June 15 1991) and two-hundred and fifty dollars ($250 00)
for each and every day the violations exists and continues to
exist 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 Hutchinson seconded the motion Motion carried "L.nanimously
5 Case No 91-10 , Gladys Kendall and Leon Barnett, Lots 9-11 ,
Block— 19 , Avon-BY-The-Sea _ (7802 astronaut Boulevard)
Violation of _ Section 63_7 53'_ C=1 Prohibited Uses and
Structuress Section 641 331_Location of Recreational Vehicles,
Etc -Paragraphs _A_ ana _C —_and Section 602 6 , Access to
Buildings by-Fire Apparatus of -the _S_tandard Fire Prevention
Code as adopted by Chapter _621 of the Cape Canaveral Code of
Ordinances
Ms Hutcherson testified that a mobile home was parked between two
buildings in a fire lane and had electricity hooked up to it Ms
Hutcherson reviewed the cited violations to the Board members
She advised that Mr Barnett had stated that he refused to remove
the mobile home from the property She had suggested to him that
he come to this meeting to talk to the Board Ms Hutcherson
recoir~nended that the Board find Gladys Kendall and Leon Barnett in
violation and give thea no -ore than five (5) days to remove the
mobile home or impose a substantial fine Discussion followed
Mr Hutchinson moved as follows
Conclusion of Law_ Gladys Kendall and Leon Barnett were in
Violation of Section 637 53 C-1 Prohibited Uses and
Structures Section 641 33 Location of Recreational Vehicles
Etc Paragraphs A and C and Section 602 6 Access to
Buildincs by Fire Apparatus of the Standard Fire Prevention
Code as adopted by Chapter b21 of the Cape Canaveral Code of
Ordinances
Code Enforcement Board
Regular Meeting
May 23 1991
Page 4 of 5
Order Gladys Kendall and Leon Barnett shall comply with the
aforementioned Sections on or before May 30 1991 by removing
the recreational vehicle illegally parked between buildinas
from the property
Upon complying Gladys Kenaall and Leon Barnett shall notify
Evelyr Hutcnerson a City Official in writing she shall
inspect the property and notify the Board of co-oliance
Should Gladys Kendall and Leon Barrett 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 (Ma ,- 31 1991) and two-hundred and fifty dollars
($250 00) for each and every day the violation exists and
continues to exist Sqould the violation reoccur upon
notification by the Code Enforcement Officer a fine of two-
hundred and fifty dollars t $250 00) per day shall be imposed
for each and every day the violat-on continues to exist
Mr Moeller seconded the motion Motion carried unanimously
DISCUSSION
1 Case No _89-29 Bruce g
_Taylor_Auto Stock Exchane - Payment
of Fine _
Ms Hutcherson reported that Auto Stock Erchanae had been sold ana
that the title companv had paid the imposed fine
There being no further business the 7reetina was adjourned at 8 20
P M
Approved this _ D�� � day of _ �(J}tIZ T _ 1991
t } ChairTan _
Secretary
Code Enforcement Board
Reqular Meeting
May 23 1991
Page 5 of 5
0
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
JUNE 20 , 1991
A regular meeting of the Code Enforcement Board of the City of Cape
Canaveral , Florida , was held on June 20 , 1991 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
Roy Moeller
James Okell
Jeanne Benson
Roy Moeller
Members Absent
Mary Russell Vice Chairman
Jean Porter Gabler
Others Present
James Woodman City Attorney
Evelyn Hutcherson Code Enforcement Officer
Susan Nelson Secretary
Mr. Hutchinson moved to approve the minutes of May 23 , 1991 as
written. Mr. Okell seconded the motion. Motion carried
unanimously.
It was noted that the next meeting would be held on July 18 , 1991 .
The Secretary swore in Evelyn Hutcherson, Code Enforcement Officer
and Neil MacKennon, citizen.
COMPLIANCE HEARINGS :
1 . Case No. 91-07 , B & B B Limited Partnership, d.b. a. Circle K
Corporation #4971 , Lots 1-4 and 9-10 , Block 31 , Avon-By-The-
Sea (7700 North Atlantic Avenue) - Violation of Section 652. 11
Property Exterior Maintenance Standards Established, Paragraph
(C) , and Section 652 . 13 , Duties and Responsibilities of
Maintenance Standards Established, Paragraph (B) (2)
Ms. Hutcherson testified that the fence and dumpster enclosure had
been repaired and that the property was in compliance.
2 . Case No. 91-09 , Neil and Nancy MacKennon, Lots 9 & 10 , Block
43 , Avon-By-The-Sea (276 Polk Avenue) - Violation of Sections
302. 1 ` Sanitary Facilities; 302 . 6 , Cooking and Heating
Equipment; 303 . 4 , Electrical Lights and Outlets; 304 , Minimum
Requirements for Electrical Systems ; 305. 6 , Protective
Railings ; 305 .7 , Windows ; 305. 8 , Windows to be Glazed; 305. 10 ,
Windows to be Openable; 305 . 12 , Exterior Door Frames ; 305. 13 ,
Screens ; 305.16 , Interior Floors , Walls and Ceilings ; 305 . 22 ,
Bathroom Doors ; 307 . 1 , Sanitation; 307 . 4 , Care of Premises of
the Standard Housing Code as adopted by Chapter 619 of the
Cape Canaveral Code 'of Ordinances , and Section 652 . 15 ,
Criteria for Building Appearances and Maintenance, Commercial ,
Industrial , and Residential , Paragraphs (C) and (D)
Code Enforcement Board
Regular Meeting
June 20 , 1991
Page 1 of 5
Ms . Hutcherson testified that Mr. MacKennon had made an earnest
effort to correct the violations . She stated that Mr. MacKennon
had experienced some unforeseen problems and was not able to meet
his compliance date. She recommended that his compliance date be
extended for two weeks .
Mr. Hutchinson moved as follows :
Findings of Fact: Neil and Nancy MacKennon had made an
earnest effort to correct the violations noted in the Board
Order dated May 23 , 1991 . Due to a unforeseen problem, he was
not able to meet his compliance date of June 13 , 1991 .
Order: That the compliance date be extended to July 8 , 1991 .
Upon complying, Neil and Nancy MacKennon shall notify Evelyn
Hutcherson, a City Official , in writing. She shall inspect
the property and notify the Board of compliance.
Should Neil and Nancy MacKennon 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 $250 . 00 for the first day (July 9 , 1991) 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. Okell seconded the motion. Motion carried unanimously.
3 . Case No. 91-10 , Gladys Kendall and Leon Barnett, Lots 9-11 ,
Block 19, Avon-By-The-Sea (7802 Astronaut Boulevard) -
Violation of Section 637 . 53 , C-i , Prohibited Uses and
Structures; Section 641 . 33, Location of Recreational Vehicles,
Etc. , Paragraphs (A) and (C) ; and Section 602 . 6 , Access to
Buildings by Fire Apparatus of the Standard Fire Prevention
Code as adopted by Chapter 621 of the Cape Canaveral Code of
Ordinances
Ms . Hutcherson testified that a notice of non-compliance had been
hand delivered on June 6, 1991 which Mr. Barnett had refused. The
notice was then mailed by certified mail and returned unclaimed.
She submitted a photo of the mobile home that was parked on the
property (Exhibit A) . She advised that the mobile home had been
relocated to the east side of the building. She noted that it had
been hooked up to electricity until the day of this meeting. She
further noted that another vehicle was parked in the fire lane
between two buildings . Discussion followed.
Mr. Hutchinson moved that in Case No. 91-10 , the $250 .00 a day fine
continue until the case was in compliance and that the City
investigate records to find out whom the legal property owner (s)
are. Mr. Okell seconded the motion. Motion carried unanimously.
PUBLIC HEARINGS
1 . Case No. 91-06 , Gary Bailey, Lot 8 , Block A, Lonq Point
Subdivision Unrecorded (210/212 Lonq Point Road) - Violation
of Chapter 671 . 01 , Connections with Sewer Required
Ms . Hutcherson testified that this case was in compliance.
2 . Case No 91-11, Harry L. Martin, Lots 1 , 2 , 9, 10 , 11 and 12,
Block 62, Avon-By-The-Sea, Section 23, Township 24 South,
Range 37 East (201-205 Pierce Avenue and 200-212 Buchanan
Code Enforcement Board
Regular Meeting
June 20 , 1991
Page 2 of 5
0
Avenue) - Violation of Section 652 . 11 , Property Exterior
Maintenance Standards Established; Section 652 . 13 , Duties and
Responsibilities of Maintenance Standards Established; and
Section 675. 11 , Owner to Maintain Premises Free of Litter
A typographical error was noted on the agenda. Section 652 . 12
should read Section 652 . 13 .
Ms . Hutcherson testified that some of the dead Australian Pines had
been cut down. However , the stumps were not removed and there were
dead tree limbs remaining. She submitted a photo of the property
(Exhibit A) and requested direction from the Board regarding stump
removal . The Board members reviewed Section 652 . 13 . Discussion
followed. The Board members concluded that the stumps did not need
to be removed.
Mr. Okell moved as follows :
Findings of Fact: Dead tree limbs had not been removed from
the property.
Conclusion of Law: Harry L. Martin was in violation of
Section 652. 11 , Property Exterior Maintenance Standards
Established, Section 652 . 13 , Duties and Responsibilities of
Maintenance Standards Established, and Section 675. 11 , Owner
to Maintain Premises Free of Litter.
Order: That Harry L. Martin shall comply with the
aforementioned Sections on or before July 15 , 1991 by taking
the following action: Remove the dead tree limbs from the
property.
Upon complying, Harry L. Martin shall notify Evelyn
Hutcherson, a City Official , in writing, she shall inspect the
property and notify the Board of compliance.
Should Harry L. Martin fail to comply with the above order and
the Code Enforcement Officer finds that he is still in
violation, then a fine shall be levied in the amount of
$250 . 00 for the first day (July 16 , 1991) and $250 . 00 for each
and every day the violation exists and continues to exist at
201-205 Pierce Avenue and 200-212 Buchanan Avenue . Should the
violation reoccur, upon notification by the Code Enforcement
Officer, a fine of $250. 00 per day shall be imposed for each
and every day the violation continues to exist.
Mr. Hutchinson seconded the motion. Motion carried unanimously.
3. Case No. 91-12, Emory J. Weaver, Lot 22.01 , Banana River
Estates , Section 26 , Township 24 South, Range 37 East (6103-
6113 North Atlantic Avenue) - Violation of Section 652. 13 ,
Duties and Responsibilities of Maintenance Standards
Established, Paragraph (A) (1) , and Section 652 . 15, Criteria
for Building Appearance and Maintenance; Commercial ,
Industrial , and Residential , Paragraph (D)
A typographical error was noted on the agenda. Section 652 . 12
should read Section 652 . 13 .
Ms . Hutcherson testified that the walls , facia , and soffit were in
need of repair; the fence around the rear property was
deteriorated; and various debris needed to be removed. She
submitted photos of the property (Exhibit A) . Discussion followed.
Mr. Okell moved as follows :
Findings of Fact: The building walls , facia, and soffit had
not been brushed, scraped and repainted where needed; debris
Code Enforcement Board
Regular Meeting
June 20 , 1991
Page 3 of 5
0
around the property had not been removed; and the exterior of
the premises was not clean, sanitary, and in safe condition.
Conclusion of Law: Emory J. Weaver was in Violation of
Section 652 . 13 , Duties and Responsibilities of Maintenance
Standards Established, Paragraph (A) (1) , and Section 652 . 15 ,
Criteria for Building Appearance and Maintenance; Commercial .
Industrial , and Residential , Paragraph (D) .
Order: That Emory J. Weaver shall comply with the
aforementioned Sections on or before July 15 . 1991 by taking
the following action:
1 . Brush, scrape and repaint building walls . facia and
soffit where needed.
2 . Remove all debris from around the property.
3 . Maintain exterior of premises in a clean, sanitary, and
safe condition.
Upon complying Emory J. Weaver shall notify Evelyn Hutcherson
a City Official , in writing, she shall inspect the property
and notify the Board of compliance .
Should Emory J. Weaver 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 (July 16 , 1991) and $250 . 00 for each
and every day the violation 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.
4 . Case No. 91-13 , Peter Rodriquez , Lot 16, Block 13 , Avon-By-
The-Sea, Section 23 , Township 24 South, Range 37 East (8001
Poinsetta Avenue) - Violation of Section 641 . 33 (B) (1) ,
Location of Recreational Vehicles , Camping Equipment, Boats
and Boats Trailers
Ms . Hutcherson testified that the City had received a written
complaint regarding a walk-in cooler and two (2) boats on the
property fronting Madison Avenue that were not screened from view.
She reported that the walk-in cooler had been removed. However,
the two (2) boats were not removed. She submitted photographs
(Exhibit A) and noted that various recreational vehicles were
sometimes parked on the property fronting Madison Avenue.
Discussion followed.
Findings of Fact: The boats and boat trailers were not
removed from the front setback and relocated to an approved
area.
Conclusion of Law: Peter Rodriquez was in Violation of
Section 641 . 33 (B) (1) , Location of Recreational Vehicles ,
Camping Equipment , Boats and Boat Trailers .
Order: That Peter Rodriquez shall comply with the
aforementioned Sections on or before July 15 , 1991 by taking
the following action: Remove boats and boat trailers .
Recreational vehicles of any type may not be parked within the
front setback.
Upon complying, Peter Rodriquez 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 20 , 1991
Page 4 of 5
Should Peter Rodriquez 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 (July 16 , 1991) 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 5250 . 00 per day shall be
imposed for each and every day the violation continues to
exist.
Ms . Benson seconded the motion. Motion carried unanimously.
5. Case No. 91-14 , James E. Allen, Parcel 817 , Section 15,
Township 24 South, Range 37 East (8801 Astronaut Boulevard) -
Violation of Section 652. 13 (A) (2) Duties and Responsibilities
of Maintenance Standards Established
A typographical error was noted on the agenda. Section 652. 12
should read Section 652 . 13 .
Ms . Hutcherson testified that numerous dead palm trees had not been
removed from the property and that no contact had been made from
Mr. Allen pertaining to this matter. She submitted a photo of the
dead trees (Exhibit A) .
Mr. Hutchinson moved as follows:
Findings of Fact: The dead palm trees had not been removed
from the property.
Conclusion of Law: James E. Allen was in Violation of Section
652 . 13 (A) (2) Duties and Responsibilities of Maintenance
Standards Established.
Order: That James E. Allen shall comply with the
aforementioned Section on or before July 15 , 1991 , by taking
the following action: Remove the dead palm trees from the
property.
Upon complying, James E. Allen shall notify Thomas Kleving,
a City Official , in writing, he shall inspect the property and
notify the Board of Compliance.
Should James E. Allen 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 (July 16 , 1991) 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. Okell seconded the motion. Motion carried unanimously.
There being no further business , the meeting was adjourned at 8 :45
P.M. V nCI
Approved this tecrD day of =c , 1991 .
4"44* 1714L1
Chairman
(-, ill p le..0c�
Secretary
Code Enforcement Board
Regular Meeting
June 20 , 1991
Page 5 of 5
*04110,
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
JULY 18 , 1991
A regular meeting of the Code Enforcement Board of the City of Cape
Canaveral . Florida , was held on July 18 , 1991 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
Roy Moeller
James Okell
Jeanne Benson
Marianne Sheffield Alternate
Members Absent
George Hutchinson
Jean Porter Gabler
Others Present
James Woodman City Attorney
Evelyn Hutcherson Code Enforcement Officer
Thomas Klevina Code Enforcement Officer
Susan Nelson Secretary
Mr . Okell noted that he had made the motion in Case No . 91-13 . Mr .
Moeller moved to approve the minutes of June 20 . 1991 with the
amendment that Mr. Okell had made the motion in Case No . 91-13 .
Ms . Benson seconded the motion. Motion carried unanimously.
It was noted that the next meeting would be held on August 22 ,
1991 .
The Secretary swore in Ms . Evelyn Hutcherson , Code Enforcement
Officer , Mr . Thomas Klevina, Code Enforcement Officer , and Ms .
Thompson , Citizen.
COMPLIANCE HEARINGS :
1 . Case No. 91-09 . Neil and Nancy MacKennon , Lots 9 & 10 , Block
43 , Avon-By-The-Sea (276 Polk Avenue) - Violation of Sections
302 . 1 , Sanitary Facilities ; 302 . 6 . Cooking and Heating
Equipment; 303 . 4 , Electrical Lights and Outlets : 304 , Minimum
Requirements for Electrical Systems ; 305. 6 . Protective
Railings ; 305 .7 , Windows ; 305. 8 . Windows to be Glazed; 305. 10 ,
Windows to be Openable; 305. 12 . Exterior Door Frames ; 305. 13 ,
Screens ; 305 . 16 . Interior Floors . Walls and Ceilings ; 305 . 22 ,
Bathroom Doors ; 307 . 1 . Sanitation: 307 . 4 , Care of Premises of
the Standard Housing Code as adopted by Chapter 619 of the
Cape Canaveral Code of Ordinances . and Section 652 . 15 ,
Criteria for Building Appearances and Maintenance , Commercial ,
Industrial . and Residential . Paragraphs (C) and (D)
Mr. Klevina testified that Mr . MacKennon had thanked the Board for
extending his compliance date . Mr . Klevina reported that this case
was in compliance .
Code Enforcement Board
Regular Meeting_
July 18 , 1991
Page 1 of 3
411
2 . Case No 91-11 , Harry L. Martin, Lots 1 , 2 , 9 , 10, 11 and 12,
Block 62 , Avon-By-The-Sea, Section 23 , Township 24 South,
Range 37 East (201-205 Pierce Avenue and 200-212 Buchanan
Avenue) - Violation of Section 652. 11 , Property Exterior
Maintenance Standards Established; Section 652 . 13 , Duties and
Responsibilities of Maintenance Standards Established; and
Section 675. 11 , Owner to Maintain Premises Free of Litter
Ms . Hutcherson testified that the dead tree limbs had been removed
and that some of the stumps had been lowered. She reported that
this case was in compliance.
3 . Case No. 91-12 , Emory J. Weaver , Lot 22 . 01 , Banana River
Estates , Section 26 , Township 24 South, Range 37 East (6103-
6113 North Atlantic Avenue) - Violation of Section 652. 13 ,
Duties and Responsibilities of Maintenance Standards
Established, Paragraph (A) (1) , and Section 652 . 15 , Criteria
for Building Appearance and Maintenance; Commercial ,
Industrial , and Residential , Paragraph (D)
Mr. Kleving testified that this case was not in compliance . He
advised that Mr. Weaver had made no attempt to contact the Building
Department and that Mr. Weaver had only removed some debris from
the front of the property. It was noted that Mr. Weaver had
received the Code Enforcement Board Order on June 25 , 1991 by
registered mail . Discussion followed.
4 . Case No. 91-13 , Peter Rodriquez , Lot 16 , Block 13 , Avon-By-
The-Sea, Section 23 , Township 24 South, Range 37 East (8001
Poinsetta Avenue) - Violation of Section 641 . 33 (B) (1) ,
Location of Recreational Vehicles , Camping Equipment , Boats
and Boats Trailers
Mr. Kleving testified that the Boats and Boat Trailers had been
removed out of the City and that this case was in compliance.
5. Case No. 91-14 , James E. Allen, Parcel 817 , Section 15 ,
Township 24 South, Range 37 East (8801 Astronaut Boulevard) -
Violation of Section 652 . 13 (A) (2) Duties and Responsibilities
of Maintenance Standards Established
Mr. Kleving testified that the dead palm trees had been removed
from the property, new trees had been planted in the same
locations , and that this case was in compliance .
PUBLIC HEARINGS
1 . Case No. 91-15 , Eugene Melgaard, Lots 13 & 14 , Block 4 , Avon-
By-The-Sea (418 Adams Avenue) - Violation of Section 652. 13
(B) (2) , Screening of Service Yards and Dumpster Areas
Ms . Hutcherson testified that Mr. Melgaard had been notified twice
to screen the dumpster area, the original Notice of Violation was
dated March 22 , 1990 and the other was dated July 8 , 1991 .
Ms . Thompson, a friend of Mr. Melgaard' s , testified that Mr.
Melgaard had been waiting to screen the dumpster due to the fact
that the parking area was going to be repaved. She advised that
Mr. Melgaard was in the process of receiving bids from various
contractors to do the work. Ms . Thompson noted other dumpster
areas that were not screened throughout the City. Discussion
followed.
Code Enforcement Board
Regular Meeting
July 18 , 1991
Page 2 of 3
Mr . Moeller moved as follows :
FINDING,.. OF FACT: The dumpster was not screened on three
sides .
CONCLUSION OF LAW: Eugene Melaaard was in Violation of
Section 652 . 13 . Duties and Responsibilities of Maintenance
Standards Established, Paragraph (3) ( 2) , Screening Service
Yards and Dumpster Areas . of the Cape Canaveral Code of
Ordinances .
ORDER: That Eugene Melaaard shall comply with the
aforementioned Section on or before August 15 , 1991 by taking
the following action:
1 . Screen dumpster on three sides
Upon complying, Eugene Melaaard shall notify Evelyn Hutcherson
a City Official . in writing, she shall inspect the property
and notify the Board of Compliance .
Should Eugene Melaaard fail to comply with the above order and
the Code Enforcement Officer finds that he is still in
violation , then a fine shall be levied in the amount of fifty
dollars ( S50 . 00) for the first day (August 16 , 1991 ) and fifty
dollars (550 . 00) for each and every day the violation exists
and continues to exist .
Ms . Russell seconded the motion. Motion carried unanimously.
There being no further business , the meeting was adjourned at 8 : 05
P .M.
Approved this , j ?„n0 day of flugc 5+' , 1991 .
Chairm
,:AAfocvn L.
Secretary
Code Enforcement Board
Regular Meeting
July 18 , 1991
Page 3 of 3
11
posS
,44100
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
AUGUST 22 , 1991
A regular meeting of the Code Enforcement Board of the City of Cape
Canaveral . Florida , was held on August 22 , 1991 at the City Hall
Annex, 111 Polk Avenue , Cape Canaveral . Florida.
Mr . Hutchinson called the meeting to order at 7 : 30 P .M. The
Secretary called the roll .
Members Present
George Hutchinson
James Okell
Jeanne Benson
Marianne Sheffield Alternate
Members Absent.
Charles Stenalein Chairman
Mary Russell Vice Chairman
Roy Moeller
Jean Porter Gabler
Others Present
James Woodman City Attorney
Evelyn Hutcherson Code Enforcement Officer
Thomas Klevinq Code Enforcement Officer
Susan Nelson Secretary
Mr. Okell moved to approve the minutes of July 18 , 1991 as
submitted. Ms . Sheffield seconded the motion. Motion carried
unanimously.
It was noted that the next meeting would be held on September 19 ,
1991 .
The City Attorney swore in Ms . Evelyn Hutcherson , Code Enforcement
Officer , Mr . Thomas Klevinq, Code Enforcement Officer , and Mr .
Jerry Sale , Citizen.
COMPLIANCE HEARINGS :
1 . Case No. 91-15 , Eugene Melgaard, Lots 13 & 14 , Block 4, Avon-
By-The-Sea (418 Adams Avenue) - Violation of Section 652 . 13
(B) (2) . Screening of Service Yards and Dumpster Areas
Ms . Hutcherson testified that a suitable location had been
determined for the dumpster. Ms . Hutcherson respectively requested
that the imposed fine be waived since Western Waste had not placed
the dumpster to the appropriate location as promised. She stated
that Western Waste had assured her that they would relocate the
dumpster tomorrow.
Mr. Okell moved that in Case No . 91-15 , Euaene Melgaard , the
imposed fine beginning August 16 , 1991 , be waived and if in fact
the dumpster is not properly located and screened, the fine be
reinstated and the case be brought before the Board. Ms . Sheffield
seconded the motion. Motion carried unanimously.
Code Enforcement Board
Regular Meeting
August 22 , 1991
Page 1 of 4
111
PUBLIC HEARINGS
Ms . Hutcherson respectively requested that Case No. 91-19 be heard
at this since Mr. Sale was the only violator in the audience. The
Board members concurred.
1 . Case No. 91-19 , Gerald and Joyce Sale , Lots 1 and 2 , Block 69 ,
Avon-By-The-Sea (6952 North Atlantic Avenue) - Violation of
Section 637 . 47 , C-1 , Principal Uses and Structures , and
Section 637 . 51 , Special Exceptions Permissible by Board of
Adjustments , Paragraphs (J) (K)
Ms . Hutcherson testified that Mr. Sale from time to time , had
vehicles , bicycles and trailers parked on the parking lot. An
inspection revealed that five automobiles were parked for sale at
this time . Ms . Hutcherson submitted the violation notice and
photographs of the vehicles parked (Exhibit 1) .
Mr. Sale testified that the vehicles were pawned and that he had
no other place to park them. Mr. Sale stated that he would not buy
or pawn vehicles in the future and respectively asked that the
Board allow him (30) days to dispose of them. Discussion followed.
Mr. Okell moved as follows :
Findings of Fact: All vehicles offered for sale had not been
removed from the premises . All outside display of merchandise
offered for sale had not ceased; or Special Exception to allow
outside display and new and used automobile sales had not been
obtained.
Conclusion of Law: Gerald and Joyce Sale were in Violation
of Section 637 . 47 , C-1 Principal Uses and Structures , and
Section 637 . 51 , Special Exceptions Permissible by the Board
of Adjustments , Paragraphs (J) and (K) of the Cape Canaveral
Code of Ordinances .
Order: That Gerald and Joyce Sale shall comply with the
aforementioned Sections on or before September 22 , 1991 by
taking the following action:
1 . Remove all vehicles offered for sale from the premises ;
2 . Cease all outside display of merchandise offered for
sale; or
3 . Obtain a Special Exception to allow outside display and
for new and used automobile sales .
Upon complying, Gerald and Joyce Sale shall notify Evelyn
Hutcherson, a City Official , in writing, she shall inspect the
property and notify the Board of compliance.
Should Gerald and Joyce Sale 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 S150 .00 for the first day (September 23 . 1991) and $150 . 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 $150 . 00 per day shall be
imposed for each and every day the violation continues to
exist.
Ms . Benson seconded the motion. Motion carried unanimously.
Code Enforcement Board
Regular Meeting
August 22 , 1991
Page 2 of 4
S
2 . Case No. 91-16 , Amin & Patel Investments , Inc. , Lots 1-3 and
West 1/2 of Lot 4 , Block 13 , Avon-By-The-Sea (8020-8050 North
Atlantic Avenue) - Violation of Section 652. 11 , Property
Exterior Maintenance Standards Established, Paragraph C;
Section 652 . 13 , Duties and Responsibilities of Maintenance
Standards Established, Paragraph A. 1 ; Section 652 . 19 , Criteria
of Sign Appearance and Maintenance; Section 653 . 09 , Permits
and Inspections ; Section 653 . 15 , Wind Pressure and Dead Load
Requirements and 653 . 28 , Special District Regulations ,
Paragraph D
Ms . Hutcherson testified that this case was in compliance.
3 . Case No. 91-17 , Guy Dryden, Lots 3-5, Block 43, Avon-By-The-
Sea (315 Tyler Avenue) - Violation of Section 302. 1 , Sanitary
Facilities; Section 302. 4 , Water Heating Facilities; Section
302.6 , Kitchen Facilities; Section 302 . 9 , Smoke Detector
Systems; Section 304 , Minimum Requirements for Electrical
Systems ; 305 .6, Protective Railings; 305. 11 , Exterior Doors;
305 . 13 , Screens ; Section 305. 16 , Interior Floors , Walls and
Ceilings; Section 305. 21, Interior Door Hardware; and Section
307 . 5, Extermination, of the Standard Housing Code , as adopted
by Chapter 619 of the Cape Canaveral Code of Ordinances
Mr. Kleving testified that this case was in compliance .
4 . Case No. 91-18 , Herbert Mendel , Trustee , Parcel 750 , Section
14 , Township 24 South, Range 37 East (North of 8600 Ridgewood
Avenue) - Violation of Section 703 . 3 , Public Nuisances
Prohibited, and Chapter 620 , adopting the Standard Code for
the Elimination or Repair of Unsafe Buildings
Ms . Hutcherson described the location of the property and testified
that there was an abandoned structure which had been permitted but
never completed in addition to an excessive accumulation of
untended weeds , undergrowth or other plant life and dead limbs or
portion of trees on the property. She testified that the Notice
of Public Nuisance had been mailed on April 11 , 1991 (Exhibit 1) .
She submitted a memorandum notifying the City Manager that Mr.
Rossi , Realtor, had been unable to locate Mr. Mendel (Exhibit 2) ;
the Violation Notice dated July 24 , 1991 (Exhibit 3) ; and Sheriff ' s
Reports (Exhibit 4) . Ms . Hutcherson advised that the property and
unfinished structure was unsafe and needed to be cleaned up.
Discussion followed.
Mr. Okell moved as follows :
Findings of Fact: The abandoned incomplete structure was not
removed or secured. The weeds and undergrowth had not been
mowed or cut, dead trees and dead tree limbs and debris had
not been removed from the property.
Conclusion of Law: Herbert Mendel , Trustee, was in Violation
of Section 703 . 3 , Public Nuisance Prohibited, and Chapter 620 ,
adopting the Standard Code for the Elimination or Repair of
Unsafe Buildings .
Order: That Herbert Mendel , shall comply with the
aforementioned Sections on or before September 12 , 1991 by
taking the following action:
1 . Remove or secure the abandoned incomplete structure on
the property.
2 . Cut or mow the weeds and undergrowth, removed dead trees
and dead tree limbs , and remove all debris from the lot.
Code Enforcement Board
Regular Meeting
August 22 , 1991
Page 3 of 4
Upon complying, Herbert Mendel shall notify Evelyn Hutcherson
a City Official , in writing, she shall inspect the property
and notify the Board of compliance .
Should Herbert Mendel 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 13 , 1991) 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.
Ms . Sheffield seconded the motion. Motion carried unanimously.
Add-On Items
1 . Case No. 90-23 , Joseph Hartnett (515 Madison Avenue)
Ms . Hutcherson reported that Mr. Harnett had been fined $1 , 375. 00
and that a lien was placed on the property which had been recently
sold.
2 . Case No. 90-21 , Douglas Melvin (6790 North Atlantic Avenue)
Mr. Kleving reported that Mr. Melvin had been in violation of the
Cape Canaveral Code Enforcement Board Order , dated June 21 , 1990 ,
in that vehicles were being stored on his property, parking areas
were littered and overgrown and the open areas were overgrown. A
Notice to Comply was mailed August 19 , 1991 , notifying Mr. Melvin
that should the above violations continue to exist at 4 : 30 P .M. ,
Wednesday, August 21 , 1991 , a fine would be imposed in the amount
of $50 . 00 for the first day (August 19 , 1991) and $50 . 00 for each
and every day the violations continue to exist (Exhibit 1) . Mr.
Kleving advised that Mr. Melvin had been fined for four days of
non-compliance.
There being no further business , the meeting was adjourned at 8 : 30
P .M.
Approved this /9 _ day of , ', , 1991.
C airma
Secretary
Code Enforcement Board
Regular Meeting
August 22 , 1991
Page 4 of 4
0
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
SEPTEMBER 19 , 1991
A regular meeting of the Code Enforcement Board of the City of Cape
Canaveral , Florida . was held on September 19 . 1991 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 Stenalein Chairman
Mary Russell Vice Chairman
George Hutchinson
Roy Moeller
James Okell
Marianne Sheffield Alternate
Members Absent
Jeanne Benson
Jean Porter Gabler
Others Present
Ann Thurm Council Member
James Woodman City Attorney
Evelyn Hutcherson Code Enforcement Officer
Thomas Klevina Code Enforcement Officer
Susan Nelson Secretary
Mr. Okell moved to approve the minutes of August 22 , 1991 as
submitted. Mr. Hutchinson seconded the motion. Motion carried
unanimously.
It was noted that the next meeting would be held on October 17 ,
1991 .
The City Attorney swore in Ms . Evelyn Hutcherson . Code Enforcement
Officer , Mr. Thomas Klevina, Code Enforcement Officer . Mr .
MacKinnon and Mr . Adams . citizens .
COMPLIANCE HEARINGS :
1 . Case No. 91-18 , Herbert Mendel , Trustee . Parcel 750 . Section
14� Township 24 South, Range 37 East , (North of 8600 Ridgewood
Avenue) - Violation of Section 703 . 3 , Public Nuisances
Prohibited, and Chapter 620 . Adopting the Standard Code for
the Elimination or Repair of Unsafe Buildings
Ms . Hutcherson . Code Enforcement Officer , testified that Morris
Trucking had been hired to remove the abandoned incomplete
structure from the property; cut or mow the weeds and undergrowth;
remove the dead trees and dead tree limbs ; and remove all the
debris from the lot. She reported that progress was being made .
She respectively requested that the Board waive the imposed fine
beainninq September 13 , 1991 and extend the compliance date to
October 16 . 1991 to allow the hired contractor ample time to
complete the work. Discussion followed.
Code Enforcement Board
Regular Meeting
September 19 , 1991
Page 1 of 6
•
Mr . Okell moved that in Case No. 91-18 . Herbert Mendel . Trustee ,
the imposed fine beginning September 13 , 1991 , be waived and the
compliance date be extended to October 16 , 1991 . Mr. Hutchinson
seconded the motion. Motion carried unanimously.
PUBLIC HEARINGS
1 . Case No. 91-20 , Kim Adams . d/b/a Adams Enterprises , 230
Columbia Drive , #109 - 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, Code Enforcement Officer , testified that she had
picked up a business card from the bulletin board at a local
laundry and dry cleaners . she checked city records and determined
that Mr . Adams did not have an occupational license . She further
testified that a notice was mailed to Mr . Adams advising him that
it was necessary for him to obtain an occupational license (Exhibit
1) ; Mr . Adams had come into the office and was very argumentive ,
he had reached over and tore the business card off the letter , tore
it into small pieces and put it in his pocket . A Notice of
Violation was mailed to Mr . Adams dated August 13 , 1991 (Exhibit
2) . She advised the Board that a neighbor had verbally complained
about the packages being left in front of Mr. Adams ' unit.
Mr. Adams testified that he was an Amway distributor; his
deliveries were made to his business in Rockledge ; customer orders
were normally delivered direct ; occasionally. customers picked up
orders at his residence .
The Chairman asked Mr . Adams why he had destroyed the business card
that was part of the code enforcement evidence . Mr . Adams stated
that the card did not belong to Ms . Hutcherson.
Ms . Hutcherson advised that an occupational license for Mr . Adams '
type of business would cost $31 . 25 per year . Discussion followed.
Ms . Russell moved as follows :
Findings of Fact: Kim Adams . d/b/a Adams Enterprises , was
operating a business without an occupational license .
Conclusion of Law: Kim Adams was in violation of Florida
Statue 205 , Local Occupational License Taxes and Section
721 . 05 , License Required; Payment of Tax Prerequisite to
Issuance and Section 721 . 11 . Unlawful to Engage in Business ,
Etc . , Without License , of the Cape Canaveral Code of
Ordinances .
Order: That Kim Adams shall comply with the Cape Canaveral
City Code of Ordinances on or before October 3 , 1991 , by
obtaining an occupational license .
Upon complying. Mr. Adams shall notify Evelyn Hutcherson, a
City Official , in writing, who shall inspect the property and
notify the Board of compliance .
Should Mr . Adams 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 550 . 00 for the
first day (October 4 . 1991) and 5100 . 00 per day thereafter for
each and every day the violation continues to exist .
Mr. Hutchinson seconded the motion. Discussion followed. Motion
carried unanimously.
Code Enforcement Board
Regular Meeting
September 19 , 1991
Page 2 of 6
0 0
2 . Case No. 91-21 , Alan Katz and Clyde Robinson, Lot 12 , Block
36 , Avon-By-The-Sea , Section 23 , Township 24 South, Range 37
East , (114 Tyler Avenue) - Violation of Section 652 . 11 (C),
Property Exterior Maintenance Standards Established; Section
652 . 13 , Duties and Responsibilities of Maintenance Standards
Established, Paragraph (A) , Subparagraphs 2 , 6 and 7 ; and
Section 641 . 37 (A) , Parking and Storage of Certain Vehicles
Mr . Kleving, Code Enforcement Officer , testified that a written
complaint had been filed by Mercedes Montalvo (Exhibit 1) ; a Notice
of Violation had been mailed to Mr . Katz , property owner and Mr .
Robinson, occupant , on August 23 , 1991 (Exhibit 2) . Mr. Klevina
reported that litter and debris were not removed from the premises ,
dead tree limbs were not trimmed, the lawn was not mowed and the
vehicle was not covered or removed. Discussion followed.
Mr . Okell moved as follows :
Findings of Fact : The litter and debris were not removed from
the premises , dead tree limbs were not trimmed , lawn was not
mowed and the vehicle was not covered or removed from the
premises .
Conclusion of Law: Alan Katz and Clyde Robinson were in
violation of Sections 652 . 11 (C) , Property Exterior Maintenance
Standards Established; Section 652 . 13 , Duties and
Responsibilities of Maintenance Standards Established ,
Paragraph (A) , Subparagraphs 2 , 6 and 7 ; and Section
641 . 37 (A) . Parking and Storage of Certain Vehicles .
Order: That Alan Katz and Clyde Robinson shall comply with
the aforementioned Sections on or before October 10 , 1991 , by
taking the following action:
1 . Remove all litter & debris from premises .
2 . Trim all dead tree limbs from trees .
3 . Recycle all empty cans .
4 . Mow lawn.
5 . Completely cover the vehicle or remove it from the
premises .
Upon complying, Alan Katz and Clyde Robinson shall notify
Thomas Kleving, a City Official , in writing, he shall inspect
the property and notify the Board of Compliance .
Should Alan Katz and Clyde Robinson fail to comply with the
above order and the Code Enforcement Officer finds that you
are still in violation, then a fine shall be levied in the
amount of $250 . 00 for the first day (October 11 , 1991 ) and
$250 . 00 for each and every day the violation 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. Hutchinson seconded the motion. Motion carried unanimously.
Code Enforcement Board
Regular Meeting
September 19 , 1991
Page 3 of 6
® 4
,
3 . Case No. 91-22 , Neil and Nancy MacKinnon, Lots 9 & 10 , Block
43 , Avon-By-The-Sea, Section 23 , Township 24 South, Range 37
East , (276 Polk Avenue) - Violation of Section 101 . 6 ,
Maintenance; Section 302 . 6 , Cooking and Heating Equipment;
Section 303 . 5, Light in Public Halls and Stairways; Section
305. 3 , Roofs ; Section 305 . 6 , Protective Railings ; Section
305. 16 , Interior Floors , Walls and Ceilings ; and Section
307 . 5 , Extermination, of the 1988 Standard Housing Code as
Adopted by Chapter 619 of the Cape Canaveral Code of
Ordinances
Mr. Kleving, Code Enforcement Officer , submitted the Notice of
Violation, dated September 6 , 1991 (Exhibit 1) and a letter from
D.C . Pest Control , Inc. , dated September 10 , 1991 (Exhibit 2) . He
testified that the pest control company had found German roach
infestation in most apartments and that Mr. MacKinnon was making
an earnest effort to correct the problems .
Mr. Mackinnon, Owner , testified that he was in the process of
evicting many of his tenants . He asked that the Board consider
extending his compliance date so that he could go through each
unit, after the tenants were evicted with Mr. Kleving, to make
notations of all code violations .
Mr . Hutchinson moved that Case No. 91-22 , be tabled for 90 days to
allow Mr. MacKinnon time to evict tenants , allow Tom Kleving, a
City Official , to inspect the units and make notations of all code
violations and report back to the Board. Ms . Russell seconded the
motion. Motion carried unanimously.
4 . Case No. 91-23 , Jack Moline , Lot 14 . 05 , Block 5 , Cape
Canaveral Beach Gardens , Unit 2 , Section 14 , Township 24
South, Range 37 East, (8410 Canaveral Boulevard) - Violation
of Sections 305. 3 . 2 , Roofs ; 305. 5 , Stairs , Porches and
Appurtenances ; 305 . 16 . 1 , Interior Floors , Walls and Ceilings ,
of the 1988 Standard Housing Code as Adopted by Chapter 619
of the Cape Canaveral Code of Ordinances and Section 652 . 11
(C) , Property Exterior Maintenance Standards Established;
652 . 13 , Duties and Responsibilities of Maintenance Standards
Established, Paragraphs (A) (2) and (6) ; and Section 652. 15 ,
Criteria for Building Appearance and Maintenance , Commercial ,
Industrial and Residential , Paragraph (D) of the Cape
Canaveral Code of Ordinances
Mr. Kleving, Code Enforcement Officer , testified that the roof
shingles needed to be replaced, facia and soffit were in disrepair,
addition to rear of house was in a state of disrepair , ceiling
drywall had fallen down, both upstairs and downstairs showed
evidence of water damage, lawns were overgrown, a tree was dead in
the backyard, overgrowth in backyard was a source of infestation
and paint about windows were cracked and peeling. He advised that
the property was in foreclosure and that overdue sewer charges
existed in the amount of approximately $633 . 00 .
Mr. Kleving submitted the Notice of Violation, dated July 25 , 1991
(Exhibit 1) ; a letter to Florida Power & Light Company, authorizing
them to pull the power meter, dated July 26 , 1991 (Exhibit 2) ; and
a letter from Attorney Patricia Bower, from the Law Offices of
Giles , Hedrick & Robinson, representative for The First, F.A. ,
dated August 7 , 1991 (Exhibit 3) . He stated that Ms . Bower had
requested that the Board extend the time period for compliance so
that her firm could continue their efforts to obtain access to the
property. Discussion followed.
Code Enforcement Board
Regular Meeting
September 19 , 1991
Page 4 of 6
r.•. ,".w
Nue °w✓
Mr . Moeller moved as follows :
Findings of Fact: The roof had not been inspected by a
licensed roofer and re-roof where deemed necessary, all facia
and soffit was not repaired or replaced as necessary, addition
at rear of house was not repaired or painted , ceiling drywall
was not replaced where necessary , lawn was not maintained in
a neat and orderly fashion, dead tree in backyard was not
removed, heavy overgrowth in backyard was not removed,
exterior of buildings were not brushed , scraped and painted
where needed.
Conclusion of Law: Jack Moline was in violation of Section
305 . 3 . 2 , Roofs ; 305 . 5 , Stairs , Porches and Appurtenances ;
305 . 16 . 1 , Interior Floors , Walls and Ceilings of the 1988
Standard Housing Code as adopted by Chapter 619 of the City
of Cape Canaveral Code of Ordinances and Sections 652 . 11 (C) ,
Property Exterior Maintenance Standards Established; 652 . 13 ,
Duties and Responsibilities of Maintenance Standards
Established, Paragraphs (A) (2 ) and (6 ) ; and Section 652 . 15 (D) ,
Criteria for Building Appearance and Maintenance , Commercial ,
Industrial and Residential , of the Cape Canaveral Code of
Ordinances .
Order: That Jack Moline shall comply with the aforementioned
Sections on or before October 10 , 1991 , by taking the
following action:
1 . Have the roof inspected by a licensed roofer and re-
roofed where deemed necessary.
2 . Repair or replace all facia and soffit as necessary.
3 . Repair and paint addition at rear of house.
4 . Replace all ceiling drywall where necessary.
5 . Maintain lawns in a neat and orderly fashion.
6 . Remove dead tree in backyard.
7 . Remove all heavy overgrowth from backyard.
8 . Brush, scrape and paint exterior of building where
needed.
Upon complying , Jack Moline shall notify Thomas Kleving, a
City Official , in writing, he shall inspect the property and
notify the Board of Compliance .
Should Jack Moline 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 (October 11 , 1991) and $250 . 00 for each and every
day the violations continue to exist .
Mr . Hutchinson seconded the motion. Motion carried unanimously.
5 . Case No . 91-25, William Bennix, Owner and James Murphy, Agent,
Parcel 2 , Section 22 and Parcels 263 and 283 . 2 , Section 23 ,
Township 24 South, Range 37 East (South of 8095 Astronaut
Boulevard) - Violation of Section 657 . 03, Land Clearing
Regulations ; _ Section 657 . 05 , Protection of Trees and
Vegetative Buffers , Paragraph (C) , Removal Criteria,
Subparagraphs 1 , 2 and 3
Code Enforcement Board
Regular Meeting
September 19 , 1991
Page 5 of 6
•
Ms . Hutcherson testified that on September 16 , 1991 , Mr . Donald
Arabian , a former Council member , brought in pictures taken of
unauthorized land clearing South of 8095 Astronaut Boulevard. She
had visited the site and observed work in progress and immediately
advised the equipment operator to cease . She contacted the owner ,
Mr. William Bennix and advised him that she had placed a Stop Work
Order on the property. Mr. Bennix had advised her that he was
going out of the country and that he would have Mr. Murphy contact
her.
Ms . Hutcherson reported that a Notice of Violation was hand -
delivered to Mr . Bennix and Mr . Murphy on September 16 , 1991
(Exhibit 1 ) ; a letter from Mr . Bennix dated September 16 , 1991 ,
advised that since he was going out of the country, he requested
that this case be postponed until he returned (Exhibit 2) ;
photographs of the land clearing were submitted as (Exhibit 3) .
Discussion followed.
Mr . Hutchinson moved to postpone this case until the next scheduled
meeting (October 17 , 1991) . Mr . Russell seconded the motion.
Motion carried unanimously.
There being no further business , the meeting was adjourned at 8 : 45
P .M.
Approved this +,
/_ ! _ day of ._.._. -.._.. 1991 .
„".gymOccai- - Chairman -
Secretary
Code Enforcement Board
Regular Meeting
September 19 , 1991
Page 6 of 6
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
OCTOBER 17 1991
A regular meeting of the Code Enforcement Board of the City of Cape
Canaveral Florida was held on October 17 1991 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
Roy Moeller
James Okell
Jeanne Benson
Jean Porter-Gabler
Members Absent
Marianne Sheffield Alternate
Others Present
Ann Thurm Council Member
James Woodman City Attorney
Evelyn Hutcherson Code Enforcement Officer
Thomas Klevina Code Enforcement Officer
Susan Nelson Secretary
Mr Okell moved to approve the minutes of September 19 1991 as
submitted Mr Hutchinson seconded the motion Motion carried
unanimously
It was noted that the next meetings would be held on November 21
1991 and December 19 1991
The City Attorney swore in Evelyn Hutcherson and Thomas Klevzng
Code Enforcement Officers
COMPLIANCE HEARINGS
1 Case No 91-18 Herbert Mendel Trustee Parcel 750 , Section
14 Township 24 South, Range 37 East (North of 8600 Ridgewood
Avenue) - Violation of Section 703 03 , Public Nuisances
Prohibited, and Chapter 620 , adopting the Standard Code for
the Elimination or Repair of Unsafe Buildings
Ms Hutcherson testified that this case was in compliance
2 Case No 91-19 , Gerald and Joyce Sale , Lots 1 and 2 , Block 69 ,
_Avon-By-The-Sea (6952 North Atlantic Avenue) - Violation of
Section 637 47 , C-1 , Principal Uses and Structures, and
Section 637 51 Special Exceptions Permissible by Board of
Adiustments , Paragraphs (J) and (K)
Ms Hutcherson testified that this case was in compliance
3 Case No 91-20 , Kim Adams d/b/a Adams Enterprises , 230
Columbia Drive , #109 - 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 Engaae in Business Etc , Without License
Code Enforcement Board
Reaular Meeting
October 17 1991
Page 1 of 4
Ms Hutcherson testified that this case was in compliance
4 Case No 91-21 , Alan Katz and Clyde Robinson, Lot 12 , Block
36 , Avon-By-The-Sea, Section 23 Township 24 South, Range 37
East (114 Tyler Avenue) - Violation of Section 652 11 (C) ,
Property Exterior Maintenance Standards Established, Section
652 13 , Duties and Responsibilities of Maintenance Standards
Established, Paragraph (A) , Subparagraphs 2 , 6 and 7 , and
Section 641 37 (A) , Parking and Storage of Certain Vehicles
Mr Kleving testified that most of the litter and debris were not
removed from the premises dead tree limbs were not trimmed lawn
was not mowed and the vehicle was not covered or removed from the
premises
Mr Hutchinson moved that in Case No 91-21 the $250 00 a day fine
continue until the case was in compliance and should the fine not
be paid a lien shall be filed against the property Said lien
shall be subject to interest filing fees and attorney fees Mr
Okell seconded the motion Motion carried unanimously
5 Case No 91-23 , Jack Moline , Lot 14 05, Block 5 , Cape
Canaveral Beach Gardens Unit 2 ( 8410 Canaveral Boulevard) -
Section 305 3 2 Roofs 305 5 Stairs , Porches and
Appurtenances, 305 16 1 Interior Floors , Walls and Ceilings
of the 1988 Standard Housing Code as adopted by Chapter 619
of the Cape Canaveral Code of Ordinances , and Section 652 11,
Property Exterior Maintenance Standards Established, Section
652 13 , Duties and Responsibilities of Maintenance Standards
Established, Section 652 15 , Criteria for Building Appearance
and Maintenance Commercial Industrial and Residential
Paragraphs (D) and (E)
Mr Kleving testified that Mr Moline was in the process of going
through a bankruptcy He submitted a letter from Mr Moline dated
October 7 1991 which referenced a copy of a U S Bankruptcy Court
Order dated July 9 1991 (Exhibit 1) Mr Kleving advised that
this case was not in compliance
Attorney Woodman reviewed the exhibit and gave a legal opinion
He noted that the exhibit had not been furnished to him as
specified in the letter dated October 7 1991 Discussion
followed
Mr Moeller moved that Case No 91-23 was not in compliance with
the Order of this Board dated September 19 1991 and that the
$250 00 per day fine beginning on October 11 1991 continue until
the property was found in compliance Mr Hutchinson seconded the
motion Motion carried unanimously
PUBLIC HEARINGS
1 Case No 91-25 , William Bennix Owner and James Murphy, Agent ,
Parcel 2 Section 22 and Parcels 263 and 283 2 Section 23
Township 24 South, Range 37 East (South of 8095 Astronaut
Boulevard) - Violation of Section 637 03 , Land Clearing
Regulations , Section 657 05 Protection of Trees and
Vegetative Buffers , Paragraph C , Removal Criteria,
Subparagraphs 1 , 2 and 3
Ms Hutcherson testified that a video was taken of the property on
September 16 1991 She noted that Mr Murphy was with her when
the video was taken The Board members viewed the video of the
property (Exhibit 1) Ms Hutcherson further testified that an
inspection of the property was made on September 23 1991 with a
State Forester Kay McKee Landscape Gardener and herself
Code Enforcement Board
Regular Meeting
October 17 1991
Page 2 of 4
A member from the St Johns Water Management District had also made
an inspection and determined the lake that was filled-in was not
considered wetlands However the fill taken from a pond to fill
in the lake would need to be carefully monitored
Ms Hutcherson advised that Mr Murphy was very cooperative with
the recommendations made and had immediately doctored the damaged
root systems She further advised that no plans were submitted or
a permit pulled for the work and that Mr Murphy did not follow the
guidelines specified in the Chapter 657 03 and 657 05 of the Cape
Canaveral Land Development Regulations Discussion followed
Mr Murphy was sworn in by Attorney Woodman Mr Murphy testified
that he had intended to only use a bushhog to cut down weeds not
to land clear the property
Discussion was held regarding the dimensions of the property
interrupted
Ms Porter-Gabler moved as follows
Findings of Fact Land was cleared and vegetation removed on
subject property
Conclusion of Law William Bennix Owner and James Murphy
Agent were in Violation of Section 657 03 Land Clearing
Regulations Section 657 05 Protection of Trees and
Vegetative Buffers Paragraph (C) Subparagraphs 1 2 and 3
of the Cape Canaveral Code of Ordinances
Order No permit was taken out for the work as the ordinance
required the ordinance stated that no permit can be issued
after the work was done and that a fine shall be levied based
on the square footage of land that was cleared It was the
Order of this Board that William Bennix Owner and James
Murphy Agent were in violation of the aforementioned
Sections the Board determined to the best of their knowledge
that 360 square feet of land had been affected Therefore
a fine of $250 00 per 100 square feet cleared was imposed
Total imposed fine was $900 00
Ms Russell seconded the motion Vote on the motion was as
follows in favor Ms Benson Mr Hutchinson Mr Okell Ms
Porter-Gabler and Ms Russell opposed Mr Moeller
2 Case No 19-26 Don Applegate , Lot 11 and 12 Block 6 Avon-
By-The-Sea (615 Washington Avenue) - Violation of Section
101 6 , Maintenance, Section 305 7 Structural Supports of the
1988 Standard Housing Code as adopted by Chapter 619 of the
Cape Canaveral Code of Ordinances , Section 652 11 Property
Exterior Maintenance Standards Established, Section 652 13
Duties and Responsibilities of Maintenance Standards
Established, Section 652 15 , Criteria for Building Appearance
and Maintenance, Commercial , Industrial and Residential
Paragraphs (D) and (E)
Mr Rleving respectively requested that this case be continued at
the next meeting
Mr Okell moved that this case be continued on November 21 1991
Mr Hutchinson seconded the motion Motion carried unanimously
3 Case No 91-27 , John Bolanowski , Lot 1 , Block 72 Avon-By-The-
Sea (6920 Ridgewood Avenue) - Violation of Section 652 11 (C)
Property Exterior Maintenance Standards Established Section
652 13 (A) (2) Duties and Responsibilities of Maintenance
Standards Established
Code Enforcement Board
Regular Meeting
October 17 1991
Page 3 of 4
Mr Kleving testified that the property was not in compliance
However Mr Bolanowski had made a considerable amount of progress
Discussion followed
Mr Hutchinson moved as follows
Findings of Fact Dead growth from trees and a pile of debris
had not been removed from the property
Conclusion of Law John Bolanowski was in Violation of
Sections 652 ll (C) Property Exterior Maintenance Standards
Established and Section 652 13 (A) (2) Duties and
Responsibilities of Maintenance Standards Established of the
Cape Canaveral Code of Ordinances
Order That John Bolanowski shall comply with the
aforementioned Sections on or before November 14 1991 by
taking the following action
1 Remove all dead growth from the trees
2 Remove the pile of debris from the property
Upon complying John Bolanowski shall notify Thomas Kleving
a City Official in writing he shall inspect the property and
notify the Board of Compliance
Should John Bolanowski 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
$100 00 for the first day (November 14 1991) and $100 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 Okell seconded the motion Motion carried unanimously
NEW BUSINESS
1 Election of Officers
Mr Okell nominated Ms Russell as Chairman Mr Hutchinson
seconded the nomination Nomination carried unanimously
Ms Benson nominated Mr Okell as Vice Chairman Ms Porter-Gabler
seconded the nomination Ms Russell nominated Ms Benson as Vice
Chairman Mr Hutchinson seconded the nomination The Board
members voted by secret ballot The Secretary calculated the
ballots It was determined that Mr Okell received four votes and
Ms Benson received two votes
There being no further business the meeting was adjourned at 9 10
P M
Approved this cj "° day of 1991
IN Chairm
Suuyt ) L K.6kDC4
Secretary
Code Enforcement Board
Regular Meeting
October 17 1991
Page 4 of 4
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
NOVEMBER 21 1991
A regular meetina of the Code Enforcement Board of the City of Cape
Canaveral Florida was held on November 21 1991 at the City Hall
Annex 111 Polk Avenue Cape Canaveral Florida
Chairman Russell called the meetina to order at 7 30 P M The
Secretary called the roll
Members Present
Mary Russell Chairman
James Okell Vice Chairman
Roy Moeller
Jeanne Benson
Jean Porter-Gabler
Leon Eldredge
Members Absent
George Hutchinson
Marianne Sheffield
Others Present
James Woodman City Attorney
Evelyn Hutcherson Code Enforcement Officer
Thomas Klevi.ng Code Enforcement Officer
Susan Nelson Secretary
Mr Okell moved to approve the minutes of October 17 1991 as
submitted Ms Porter-Gabler seconded the motion Motion carried
unanimously
It was noted that the next meetina would be held on December 19
1991
The City Attorney swore in Evelyn Hutcherson and Thomas Kleving
Code Enforcement Officers
COMPLIANCE HEARINGS
1 Case No 91-21 Alan Katz and Clyde Robinson, Lot 12 , Block
36 Avon-By-The-Sea Section 23 Township 24 South Ranae 37
East (114 Tyler Avenue) - Violation of Section 652 ll (C)
Property Exterior Maintenance Standards Established Section
652 13 Duties and Resyonsibi.liti.es of Maintenance Standards
Established, Paragraph (A) Subparagraphs (2) , (6) and (7)
and Section 641 37 (A) Parking and Storaae of Certain Vehicles
Mr Klevina testified that this case was in compliance He
requested that the imposed fine beainnina on October 11 1991 be
waived
Mr Okell moved that the fine in the amount of $250 00 per day
which was imposed beginning October 11 1991 be waived Mr
Moeller seconded the motion Motion carried unanimously
Code Enforcement Board
Reaular Meeting
November 21 1991
Page 1 of 5
2 Case No 91-25 William Bennix Owner and James Murphy, Agent
Parcel 2 Section 22 and Parcels 263 and 283 2 Section 23-
Township 24 South, Range 37 East (South of 8095 Astronaut
Boulevard) - Violation of Section Section 637 03 Land Clearing
Regulations Section 657 05 Protection of Trees and
Vegetative Buffers Paragraph (C) Removal Criteria ,
Subparagraphs (1) , (2) and (3)
Ms Hutcherson submitted a letter dated November 12 1991 from the
St Johns River Water Manaaement District reaarding their site
visit on September 27 1991 (Exhibit 1) Ms Hutcherson advised
that it did not appear to St Johns River Water Management District
that Mr Bennix had violated any district rules
Ms Hutcherson testified that the fine imposed by the Board on
October 17 1991 in the amount of $900 00 had been paid
3 Case No 19-26 Don Applegate Lot 11 and 12 Block 6 , Avon-
By-The-Sea (615 Washington Avenue) - Violation of Section
101 6 , Maintenance Section 305 7 , Structural Supports of the
1988 Standard Housing Code as adopted by Chapter 619 of the
Cape Canaveral Code of Ordinances Section 652 11 , Property
Exterior Maintenance Standards Established Section 652 13
Duties and Responsibilities of Maintenance Standards
Established, Section 652 15 Criteria for Building Appearance
and Maintenance Commercial Industrial and Residential
Paragraphs (D) and (E)
Mr Kleving testified that this case was not in compliance He
advised that he and the Building Official had an appointment with
the property owner next week Mr Klevinq requested that this case
be continued until the next scheduled meeting The Board members
concurred
4 Case No 91-27 John Bolanowski Lot 1 Block 72 , Avon-By-The-
Sea (6920 Ridgewood Avenue) - Violation of Section 652 11 (C) ,
Property Exterior Maintenance Standards Established Section
652 13 (A) (2) Duties and Responsibilities of Maintenance
Standards Established
Mr Klevina testified that this case was in compliance
PUBLIC HEARINGS
1 Case No 91-28 , Randall May Parcel 657 Section 14 , Township
24 South, Range 37 East (approximately 400 feet North of 8817
North Atlantic Avenue) - Violation of Section 657 Tree
Protection and Building Permit No 6433
Ms Hutcherson testified that Mr May had a land clearina
contractor remove a numerous amount of trees from the property
which were specifically excluded in the special conditions of the
building permit She noted that the matter had been turned over
to the City Council at that time Ms Hutcherson explained that
a Notice of Violation had been sent on November 8 1991 requesting
that Mr May provide replacement trees as requested by City
Council She further explained that Chapter 657 Tree Protection
of the Cape Canaveral Code of Ordinances had been amended since the
time this unfortunate work had been done She noted that the
penalty under Chapter 657 07 of the Cape Canaveral Code of
Ordinances had only provided for a fine not to exceed $500 00
Code Enforcement Board
Regular Meetina
November 21 1991
Page 2 of 5
Ms Hutcherson reported that Mr May had hand delivered a check in
the amount of $500 00 along with a letter whish stated that the
best way to handle the problem was to pay the maximum fine set at
the time the trees were cleared in the amount of $500 00
Ms Hutcherson requested that the Board accept the $500 00 and
consider the case closed since the City had no other alternatives
Discussion followed
Mr Moeller moved as follows
Findings of Fact Trees were removed from the property whish
were specifically excluded in the special conditions of the
building permit
Conclusion of Law R L May was in Violation of Section 657
Tree Protection of the Cape Canaveral Code of Ordinances and
Buildina Permit No 6433
Order That R L May shall comply with the aforementioned
Sections on or before November 21 1991 by taking the
following action Pay the imposed fine of $500 00
Mr Okell seconded the motion Motion carried unanimously
Mr Okell moved that Case No 91-28 R L May was in compliance
with the fine imposed by the Code Enforcement Board on November 21
1991 in the amount of $500 00 fine was paid Ms Benson seconded
the motion Motion carried unanimously
2 Case No 91-29 Lynda E Miles Lot 6 Block 70 Avon-By-The-
Sea (219 Lincoln Avenue) - Violation of Section 652 11 (C) ,
Property Exterior Maintenance Standards Established, Section
652 13 (A) (1) Duties and Responsibilities of Maintenance
Standards Established
Ms Hutcherson testified that she had received a written complaint
from Mr Andrew Kowalsky on August 26 1991 regarding grass
overgrowth and a doa running at large (Exhibit 1) A Notice of
Violation was mailed on October 28 1991 (Exhibit 2) Discussion
was held regarding the property location Ms Hutcherson submitted
photographs of the property (Exhibit 3) Discussion followed
Mr Moeller moved as follows
Findinas of Fact Weeds were overgrown and grass was not
maintained along the east side of property alona the walkway
Conclusion of Law Lynda Miles was in Violation of Sections
652 11 (C) Property Exterior Maintenance Standards
Established and Section 652 13 (A) (1) Duties and
Responsibilities of Maintenance Standards Established of the
Cape Canaveral Code of Ordinances
1 Remove all overgrown weeds
2 Mow and maintain crass alona east side of the property
Should Lynda Miles fall 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 (December 12 1991) and $50 00 for each and every
day the violation exists and continues to exist
Code Enforcement Board
Regular Meeting
November 21 1991
Page 3 of 5
Should the violation reoccur upon notification by the Code
Enforcement Officer a fine of 5100 00 per day shall be
imposed for each and every day the violation continues to
exist
Ms Benson seconded the motion Motion carried unanimously
3 Case No 91-30 , Alan Katz , Lot 15 01 , Block 43 , Avon-By-The-
Sea (7521-7523 Magnolia Avenue) - Violation of Section 673 03
Residential Garbage and Trash Pick-up Conditions , Paragraph
(C) , Location of Garbage Receptacles , and Section 652 13 ,
Duties and Responsibilities of Maintenance Standards
Established, Paragraph (B) (2) , Screening Service Yards and
Dumpster Areas
Ms Hutcherson testified that this case had been previously heard
by the Board the dumpster had been moved to the adjacent property
and properly screened and the case had been reported in
compliance She explained that Mr Anderson the owner of the
adjacent property was very upset that the dumpster enclosure had
been placed on his property The dumpster enclosure was removed
but the dumpster was not Ms Hutcherson submitted a picture of
the dumpster location (Exhibit 1) She testified that she had met
with Mr Katz but could not find an acceptable location for the
dumpster and had suggested that Mr Katz convert to can service
She advised that no contact had been made since their meeting
Discussion followed
Mr Okell moved as follows
Findings of Fact The dumpster was improperly located and not
properly screened
Conclusion of Law Alan Katz was in Violation of Section
673 03 Residential Garbage Refuse and Trash Pick-up
Conditions Paragraph (C) Location of Garbage Receptacles
and Section 652 13 Duties and Responsibilities of Maintenance
Standards Established Paraaraph (B) (2) Screening Service
Yards and Dumpster Areas of the Cape Canaveral Code of
Ordinances
Order That Alan Katz shall comply with the aforementioned
Sections on or before December 12 1991 by takina the
following action Relocate the dumpster to an approved site
on his property and properly screen the dumpster on three
sides or use a different type of garbage receptacle
Upon complying Alan Katz shall notify Evelyn Hutcherson a
City Official in writing she shall inspect the property and
notify the Board of compliance
Should Alan Katz fail to comply with the above order and the
Code Enforcement Officer finds that he is still in violation
then a fine shall be levied in the amount of $50 00 for the
first day (December 12 1991) and 950 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 Porter-Gabler seconded the motion Motion carried unanimously
Code Enforcement Board
Regular Meeting
November 21 1991
Page 4 of 5
4 Case No 91-31 , Sandra Ann Butler Lot 7 , Block 56 , Avon-Bv-
The-Sea (119 Fillmore Avenue) - Violation of Section 652 11
(C) , Property Exterior Maintenance Standards Established,
Section 652 13 (A) (1) and (2) , Duties and Responsibilities
of Maintenance Standards Established
Ms Hutcherson reported that a Notice of Violation had been mailed
and that the certified receipt was returned unsianed
Ms Hutcherson requested that this case be continued at the next
scheduled meeting The Board members concurred
There being no further business the meeting was adjourned at 8 35
P M
Approved this +h day of L�rlL 1991
RLa,-tf:I ✓1
,*" e—�— —
Chairman
E�`)UQCj,Y� L KLLn
Secretary
Code Enforcement Board
Regular Meeting
November 21 1991
Pace 5 of 5
r
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
DECEMBER 19 1991
A regular meeting of the Code Enforcement Board of the City of Cape
Canaveral Florida was held on December 19 1991 at the City Hall
Annex 111 Polk Avenue Cape Canaveral Florida
Chairman Russell called the meeting to order at 7 30 P M The
Secretary called the roll
Members Present
Mary Russell Chairman
James Okell Vice Chairman
Roy Moeller
George Hutchinson
Jean Porter-Gabler
Leon Eldredae Alternate
Members Absent
Jeanne Benson
Marianne Sheffield
Others Present
James Woodman City Attorney
Evelyn Hutcherson Code Enforcement Officer
Thomas Kleving Code Enforcement Officer
Susan Nelson Secretary
Mr Eldredge moved to approve the minutes of November 21 1991 as
submitted Mr Hutchinson seconded the motion Motion carried
unanimously
It was noted that the next meetina would be held on January 23
1992
The City Attorney swore in Evelyn Hutcherson and Thomas Kleving
Code Enforcement Officers and Tracey Creech Manager of Dolphin
Apartments
COMPLIANCE HEARINGS
1 Case No 91-22 , Neil and Nancy MacKinnon, Lots 9 & 10 , Block
43 Avon-By-The-Sea (276 Polk Avenue) - Violation of Sections
101 6 , Maintenance, 302 6 Cooking and Heating Equipment,
303 5 , Light in Public Halls and Stairways , 305 3 Roofs ,
305 6 Protective Railings , 305 16 , Interior Floors , Walls and
Ceilings , and 307 5 , Extermination, of the 1988 Standard
Housing Code as Adopted by Chapter 619 of the Cape Canaveral
Code of Ordinances
Mr Kleving testified that four of the twelve units at the Dolphin
Apartments were in compliance and that a continuous effort was
being made to bring the remaining units to come into compliance
Ms Tracey Creech Manaaer of the Dolphin Apartments gave a
progress report of the remaining units
Code Enforcement Board
Regular Meeting
December 19 1991
Page 1 of 3
Mr Hutchinson moved to extend the compliance date until February
17 1992 Mr Okell seconded the motion Motion carried
unanimously
2 Case No 91-29 , Lynda E Miles Lot 6 , Block 70 Avon-By-The-
Sea (219 Lincoln Avenue) - Violation of Section 652 11 (C) ,
Property Exterior Maintenance Standards Established, Section
652 13 (A) (1) , Duties and Responsibilities of Maintenance
Standards Established
Ms Hutcherson submitted photographs of the property (Exhibit 1)
She testified that no contact or effort had been made to make the
property in compliance
She advised that a f ine in the amount of f if ty dollars had been
imposed on December 12 1991 and that the fine would continue to
accumulate at a rate of fifty dollars for each and every day
thereafter until the property was brought into compliance
3 Case No 91-30 , Alan Katz , Lot 15 01 , Block 43 , Avon-By-The-
Sea (7521-7523 Magnolia Avenue) - Violation of Section 673 03 ,
Residential Garbage and Trash Pick-up Conditions , Paragraph
(C) , Location of Garbage Receptacles , and Section 652 13 ,
Duties and Responsibilities of Maintenance Standards
Established , Paragraph (B) (2) Screening Service Yards and
Dumpster Areas
Ms Hutcherson testified that Mr Katz had provided cans for his
tenants and Western Waste had been advised to remove the dumpster
She reported that this case was in compliance
PUBLIC HEARINGS
1 Case No 91-26 Don Applegate , Lot 11 and 12 , Block 6 , Avon-
By-The-Sea (615 Washington Avenue) - Violation of Sections
101 6 , Maintenance, and 305 7 , Structural Supports , of the
1988 Standard Housing Code as Adopted by Chapter 619 of the
Cape Canaveral Code of Ordinances , Sections 652 11 , Property
Exterior Maintenance Standards Established 652 13 Duties and
Responsibilities of Maintenance Standards Established, 652 15 ,
Criteria for Building Appearance and Maintenance Commercial
Industrial , and Residential , Paragraphs (D) and (E)
Mr Kleving testified that this case was in compliance
2 Case No 91-31 , Sandra Ann Butler , Lot 7 , Block 56 , Avon-By-
The-Sea (119 Fillmore Avenue) - Violation of Sections 652 11
(C) , Property Exterior Maintenance Standards Established,
652 13 (A) (1) and (2) , Duties and Responsibilities of
Maintenance Standards Established
Ms Hutcherson testified that this case was in compliance
3 Case No 91-31 , H Patel , d b a O B 2 Jewelry & Pawn and
Electronics Concepts , Inc (8040 North Atlantic Avenue) -
Violation of Florida Statute 205 , Local Occupation License
Taxes , and Sections 721 05 License Required, Payment of Tax
Prerequisite to Issuance and 821 11 , Unlawful to Engage In
Business etc Without License
Ms Hutcherson testified that this case was in compliance
4 Case No 91-33 , Patsy J Arline , Lot 4 , Block 11 , Avon-By-The-
Sea (511-513 Adams Avenue) - Violation of Section 652 11 (C)
Property Exterior Maintenance Standards Established, Section
652 13 (A) (1) and (2) , Duties and Responsibilities of
Maintenance Standards Established
Code Enforcement Board
Regular Meeting
December 19 1991
Page 2 of 3
Ms Hutcherson testified that the vegetation had been trimmed back
from the fence line However the debris had not been cleared from
the area She further testified that the property was not being
maintained in a clean sanitary and safe condition She advised
that Ms Arline had hired a contractor to do the work and was not
aware that the debris were not removed Ms Arline had stated that
the contractor was unavailable to return to the property until
after the first of the year Ms Hutcherson requested that no fine
be imposed since it was her opinion that Ms Arline would bring the
property into compliance
Findings of Fact The vegetation had been trimmed back from
the fence line However the debris had not been cleared from
the area The property was not being maintained in a clean
sanitary and safe condition
Conclusion of Law Ms Arline was in violation of Sections
652 11 (C) Property Exterior Maintenance Standards
Established and 652 13 (A) (1) Duties and Responsibilities
of Maintenance Standards Established of the Cape Canaveral
Code of Ordinances
Order That Ms Arline shall comply with the aforementioned
sections on or before January 17 1992 by taking the following
action
1 Remove debris along fence line
2 Maintain the exterior of the property in a clean
sanitary and safe condition
Upon complying Ms Arline shall notify Evelyn Hutcherson A
City Official in writing she shall inspect the property and
notify the Board of compliance
Ms Porter-Gabler seconded the motion Motion carried unanimously
There being no further business the meeting was adjourned at 8 05
P M
Approved this 3rtl day of _(AiL1. 1992
U
�} Chairm n
X t�L 11 �ti l L Ly) 1
Secretary
Code Enforcement Board
Regular Meeting
December 19 1991
Page 3 of 3
CITY OF CAPE CAN,VER,L
CODE ENFORCEPIENT BOARD
REGULAR MEETING
JUNE 20 1991
A reaular meetina of the Code Enforcement Board of the Cit,, of Cape
Canaveral Florida was held on Jure 20 1991 at the City Hall
Annex 111 Polk ,venue Cape Canaveral Florida
Chairman Stenalein called the rreetina to order at 7 30 P M The
Secretary called the roll
Members Present
Charles Stenalein Chairman
Georae Hutchinson
Roy Moeller
James Okell
Jeanne Benson
Roy Moeller
Members_Absent
Mary Russell Vice Chairman
Jean Porter Gabler
Others Present
James Woodman City -ittorney
Evelvn Hutcherson Code Enforcement Officer
Susan nelson Secretary
Mr hutchinson moved to approve the minates of May 23 1991 as
written Mr Okell seconded the motion Motion carried
unanimously
It was noted that the next meptina 4ould be held on July 18 1991
The Secretary swore in Evelvn Hatcherson Code Enforcement Officer
and Neil MacKennon citizen
COMPLIANCE_HEARINGS
1 Case No 91-07 B _&_B_B_Lir?ited _P_artncrship_ d b_a Circle_ K
Corporation #4Q71_Lo_t_s_1-4 and 9-1G B_lock _31_ Avon-B�-The-
Sea (7700 North Atlantic Avenue) - Violation_ of Sect-on 652__11
Property Exterior Maintenance Standards Established , Paragraph
(C) and Section 652 13 _ Duties_ and Responsibilities—of
Maintenance Standards Established Paraaraph (B) ( 2)
Ms Hutcherson testified that the fence and dumpster enclosure rad
been repaired and that the property was in compliance
2 Case No 91-09 , Neil and Nance MacKennon- Lots 9-& 10 Block
43 Avon—By The-Sea_(276 Polk_Avenue) - Violation of Sections
302 1 Sanitary_ Facilities 302 6 Coo_king__ and�Heatina
Equipment 303 4 _ Electrical Llants_and Outlets_ 304 Minimum
Pegu:�rements for_ Electrical_ Systems 305 6 _ Protective
Railings 305 7 Windows 3058 Windows to be Glazed - 3_05 10
Windows to be_Openable, _3O5__12 Exterior Door Frames 305 13
Screens 305 16 Interior_Floors -Walls-and Cei.�inas,_ 305 22
Bathroo- Doors_ 307_ 1 _ Sanit_at_ior ,, 307 4 , Ca-re—of_ Premises of
the Standard Housing Code as adopted Chapter 619 of- the
Cape _Canaveral_ Code_�of Ordinances - and--Section 6_5_2_15 y
Criteria for Building Aopearan_ces_and Maintenance �Conmercial
Industrial _ and Residential �Paraar_aT)hs (C)-and- (D)
Code Enforcement Board
Reaular Meetira
JunC 20 1941
Daae 1 of 5
Ms Hutcherson testified that Mr MacKennon had grade an earnest
eftort to correct the violations She stated that Mr MacKennon
had experiences some unforeseen problems and ,gas not able to Teet
nis co-ipliance date She recon-ended that his compliance date be
extended for two weeks
Mr Hutchinson moved as follows
Findinas of Fact Neil and Nancy MacKennon had made an
earnest effort to correct the violations noted in the Board
Order dated May 23 1A91 Due to a unforeseen problem he vas
rot able to meet his compliance date of June 13 1991
Order That the compliance date be exterded to Jaly 8 1991
Upon complying Neil ana Hancy MacKennon shall notify Eve-1 ,7n
Hutcherson a Citv Official in yr-tirc{ She shall inspect
the property ana, notifv the Board of compliance
Should Neil and IJancy TlacFennon 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 $250 00 for the first day tJuly 9 1991 ) and 5250 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 5250 00 per day shall be
imposed for each and every day the violation continues to
exist
Mr Okell seconded the motion Motion carried unanirousli
3 Case No- 91-10 Glamis Kendall and Leon _Barnett Lots 9-11
Block 19 Avon-_Bv-The-Sea (78_02 Astronaut _Boulevard)
Violation of Section 637_5_3_ C-1 Prohibited Uses_ and
Structures_ Section 641 33 Location of Recreational Vehicles
Etc -Pa_racrraphs -(A) and (C) and_ Section 602 6 Access to
Buildi_n�s_b _Fire�paratus of_the vStandard Fire Prevention
Code as adopted by Chapter 621_of the Cape Canaveral Code of
Ordinances _
Ms Hutcherson testified that a notice of ron-compliance had been
hand delivered on June 6 1991 which Mr Barnett had refused The
notice was then railed by certified mall and returned unclaimed
She submitted a photo of the mobile home that was parked on the
property (Exhibit A) She advised that the mobile home had been
relocated to the east side of the buildina She noted that it had
been hooked un to electricity until the day of this meeting She
further noted that another vehicle vas barked in the fire lane
between two buildinas Discussion followed
Mr Hutchinson moved that in Case No 91-10 the $250 00 a day fine
continue until the case was in compliance and that the City
investigate records to find out whom the legal property owner (s)
are Mr Okell seconded the motion Motion carried unanirously
PLBLIC HEARINGS
1 Case No 91-06 , Gary I- ai12y , _Lot 8 ,_ Block A _Lona Point
Subdivision Unrecorded_ (210/212 Lona Point Road) - Violation
of Ch_qpter 671 01-Connections with Sewer Required�
Ms Hutcherson testified that this case was in coTpliance
2 Case No 91-1i _Marry L Martin, Lots 1 21 9 10 11 and 12
Block 62 , Avon-By-The-Sear_ Section 23 , Township 2a South
Rance 37 East (201-205 Pierce Avenue and 200-212 Buchanan
Code Enforcemert Board
Reaular Medina
June 20 1991
Page 2 of 5
Avenue) - Violation of Section _652 11 Prop_er._ty._ Exterior
Maintenance Standards Established Section 652 13 , Duties and
R2Sponsibilitles_of Maintenance_ Standards Established and
Section 675 11 Owner to Maintain Premises Free of Litter
A typographica- error was noted on the agenda Section 652 12
should read Section 652 13
Ms Hutcherson testified that some of the dead Australian Pines had
been cut down Ho%ever tre stumps were not removed and there were
dead tree limbs remainina She submitted a photo of the property
(Exhibit A) and requested direction from the Board regarding stump
removal The Board members reviewed Section 652 1.3 Discussion
followed The Board members concluded that the stumps did not need
to be removed
Mr Okell moved as follows
Findings of _Fact Dead tree limbs rad not been removed from
the property
Conclusion_ of Law Harry L Martin was in violation of
Section 652 11 Property Exterior Maintenance Standards
Established Section 652 13 Duties and Responsibilities of
Maintenance Standards Established and Section 675 11 Owner
to Maintain Premises Free of Litter
Order That Harry L Martin shall cor,ply with the
aforementioned Sections on or before July 15 1991 by taking
the following action Remove the dead tree limbs from the
property
Upon complying Harry L Martin shall notify Evelyn
Hutcherson a City Official in writing she shall inspect the
property and notify the Board of compliance
Should Harry L martin fail to comply with the above order and
the Code Enforcement Officer finds that he is still in
violation then a fines shall be levied in the amoa-it of
$250 00 for the first day (July 16 1991 ) and $250 00 for each
and every day the violation exists and continues to exist at
201-205 Pierce Avenue and 200-212 Buchanan Avenue Should the
violation reoccur upon notification by the Code Enforcement
Officer a fine of $250 00 per day snall be imposed for each
and every day the violation continues to exist
Mr Hutchinson seconded the motion Motion carr-ea unanimously
3 Case No 91-12 Emory J Weaver Lot 22 01 Banana River
Estates , Section 26 , Township 24 South Range 37 East (6103-
6113 North Atlantic Avenue) - Violation of Section 652 13
Duties and Responsibilities of Maintenance Standards_
Estab 11shed�Paraara_�h _(_A) (1) , and_Section 652 15 , Criteria
for Buildinq _ Appearance ana - Maintenance Commercial ,
Industrial and Residential Paragraph (D)
A typographical error was noted on the agenda Section 652 12
should read Section 652 13
Ms Hutcherson testified that the walls facia and soffit were in
need of repair the fence around the rear propertv was
deteriorated and various debris needed to be removed She
submitted photos of the property (Exhibit A) Discussion followed
Mr Okell moved as follows
Findings of Fact The buildina walls facia and soffit had
not been brushed scraped and repainted where needed debris
Code Enforcement Board
Regular Meeting
June 20 1991
Page 3 of 5
around +-he propert raa not beer re-oved and the e terior of
rr4 pre-ises ,was no- clean saritar and _r safe Condit-or
Conclusio^ (-r _,aw E-ory i r_a 7=r TTTas it T_oiat-Lo- -f
Sectior t52 1_ DLtl_s aro of Maiire-arce
Standards --stablis`)ea paraarapr kH) i ` a-d bectior X52 15
Criver-a for Btildina apnea_ ance and Tialrterarcc rn merr a_
industrial and R _s-dertial Paraarann (D)
Ord-r That E-or ria �=r sha_1 co- r)l a -I-- t r e
azo-e- ntlDns 1 Sect'. o-s _n -- refcre jell ? 15 1891 bZ talo a
tnC follo _na acri^n
1 Brwsh scrape a-a r --aint ouildira a.L-s facia ani
soft_t
2 Remove X11 aerrls rro-r =ro_-d -ho -crone_ ,
3 '4alrtai- e -crier of n _-ises _n a clear sanita- a-a
safe cordit_on
',)pon co-pl7ina E-^cr1 Ti=a7er shawl notif Ev?l`n Hut -"erso-
a Citi Oft_r_a-L Tr_tlna shy -hal_ iasoect th-_ nroncrt,,
a-d not-ty the Bcird t -c- viiirce
Should i fail to cc -l�, Ta_tl tln= abo — -rd-r and
fine -odc EnfoY ,-m--v uft-cer tinds that he _s st-ll i-
iclation tree a fir= sl --- re le ivd it tre a^ourt of
5255 00 for }l,e f-rst da 1 17 16 laai , ana S_5C (-)0 t(--r earn
and - e- ,- the -, iclation conte^aes to -vis{- Snosld the
violation reoccur apo- -ctiticat- n by rre Code Enfor e-enr
Office a f.L-e of S<5�, ( , nor dati sna11 be --r)cs=d for teach
and every dal the Iiolat_or co'?r_.nues to e` -st
4 Case Jo 31--- Rete_ Pcdriauez L-t 16 Block 13 Rvc--B7-
The-Sea Section 23 Tcwnshiir) 24 Scath Parge 37 East ( 8001
Roinsetta v=-Up ) - % iclat-on of Section 641 33 t B) (1)
Locator of Pecreat-ona1 Veh_cles Camping Egaipment Boats
and Boats Tra_le_ s
Ms Hutcl-,-rson testifi=d t -at the C t- 7 '^ad rerel cd a aritt=
co-pl-int reaaraina a ,alk-ten cool-_ a-d rTAo (2 ) boats on the
property frc-tlna 4adison rhat Rerc rot screened frog 7iew
She renc- t_d that tie a_r-ir coo_er pad been re-owed Fc�.,evpr
the two t2) boats we- e not re—ved bi,e submitted nrotoaraph-z
(Ezr-b_t ana nc"-=-d that arious 2e-reatloral 7eniclPs were
comeri�es parked on tlynr-p_Tty trortin^ Madison revenue
D_=cusszor folloged
Findiras of pact Tnc boats and boat trailers were rpt
re-uvea tro- tre frn-t s�:tnacy a-d V-Ll-sated to ar ap-crc ed
area
ronclus_-r r)f Lasa Petr Pcdrigacz jas in \,iolatic- of
Section 641 .53 tB ) t -L ) -cation _t Recreat oral Vehiclrs
ra-nina Egainmcrt Boats and Bcat Tiailers
Order That Petr Pc_,drigT_ez sha!1 co-p1 ,alr'z T_r,
aforerent-oned Sect-ors on -r betcr� Tul 15 19A1 by saki-a
the folio _na a-t on 'Pe-rote noats and boar tra-lers
Recreational 7ehicies of a"y t me ma not bG parked Ritr_n th,
front setba-k
Upon cornp_vina Pet-;=i Podria-ez sha11 not1fv E el7n
Katcrerson a City Official in -ritina sh-_ shawl inspect the
property and rotltY the Board of Co-pliance
Code Enforcement Board
P-crular M�_etzna
Ju-e 20 1991
Raa�_ 4 of '-
Shoula Peter Rodriauez fall to cor Div wltn the above order ana
the Code Enforcement Officer tends tl-rat '-ie is sti-1 in
,710-ation trer a fine shall be Leveed Ln tl.e a-oant of 5250 00
for the first day (July 16 19A1) aria 5250 00 for eacn ara
every aay the violation exists and continues to exist Should
the violation reoccur an= not-flcation by the Code
Enforcement Officer a fire of 5250 00 per day shall be
lmposea for each and every day the violation continues to
exist
Ms Benson seconded the motion Motion carried unanimously
5 Case_ No 91-14 James E - Allen Parcel 817_ S_e_ctlon _1_5
Townshi_p_24_Soutr _ Range _37 _Eas_t_( 8801 Astronaut_ Boulevard)T-
Violation of Sect-Lon 652 13 (A) (2) Duties and Res_ponsibi11ties
of Maintenance Stardards Established
A tvuoarar)hical error T.as notea on the agenda Section 652 12
should read Section 652 13
Ms Hutcherson testified that nuTerous ciead nalrr trees nad not been
removed from the property and that no contact had been made rrom
Mr mllen nertainina to this matter She submitted a D-oto of the
dead trees (Exhibit A)
Mr Hutchinson moved as follows
Finainas of Fact The dead palm trees lead not been removed
from the orouerti
Conclusion of Law James E Allen was in Violation of Section
652 13 �(A) (2 ) Duties and Resnonsib-11ties of Maintenance
Standards Establishea
Order That Janes E Allen sna11 comply with the
aforementioned Section on or before Julv 15 1991 by taking
the followlra action Pemore the dead palm trees from the
property
Upon complvina James E Alen snail notify Thomas Klevina
a City Official in writira ne shall inspect the oroberty and
notifv the Board of Compl� arce
Should James E Allen fail to comply with the above order and
the Code Enforcement Officer finds tnat he is still --i
violation then a fine sha11 be leviea in the amount of
5250 00 for the first day (July lb 1991 ) and 5250 00 for each
and eaery aa7 tl^e violation =xists and continues to exist
Should the violation reoccur uvon notification by the Coae
Erforcement Officer a fine of 5250 00 Der aay sha11 be
lmposea for each ana every day the violation continues to
exist
Mr Okell seconded tre motion Motion carried unanimously
' here be�na no further business the meetina was ad turned at 8 45
P M V 0'jw ILA- d r
ADprov-d this 1841 _ day of
Cria_rran�
Secretary
Code Enforcement Board
Reaular Meetirct
June 20 1991
Paae 5 of 5
rTT� ,_ LE tI- ER.,-.L
CODE E FOR(-EATETTT BOARD
PEG' L -LP NEETIITC
�' Li _, 10g1
z reaular meetina `t the Coav Erzorce-err Bcerd of '-q- "ir ^{ -aL-e
Cana -ra- Florias Gas ',end on Jain _b 1091 at tr- Ci- a1i
hnre s. 111 Polk Aver-ie rac= r ana e_ al --crida
Cl--rmar Stenalein called. rhe _et na to crde at 3 P 11 Tr_
Secretar; called the r 11
T1=mbers Presert
Charles Steraleln f�alrTan
Mari Bussell Gice rha_r-ar
Rov 11celler
Ja- -s 4ell
Jeanne Benson
far-an-�. Sr�,fti, 7 -, .te ',rra-,z
CeoNae F-tcrlrson
ear Por-er ab1�r
Otr :�rs Present
Ja-es Wooamar " 1r lttornel
E e1 r Ha}cr_rs— ---d= Erforce—nt (-ffir-er
Tr o- as cde E-row ce` ,-r 0--tine
SaCan cls- - S-c? ,r are
Mr Ok=ll nnt=d. *ha+ I,- naa - idc -ne -or_cr _ _ase ITo C)1-11 TTr
Ho-l-er -o ea to a:Dnr^ L tr, -i- -tic o+- Tune ?`T 1Ac)I r yrh the
a-crdment that ITr rare ti, -otyc^ _- C -TS_ T T o al-1
Ifs Berson se-c—aer' tre "^ot�r*' I1-i-icr Cairie`7 --"ar -rously
It was rotca rhar *-ne r- t- o-la n, held ^r ruausr 3
a )
The Secretary s Tor= n If^ n P_rc1'`r-c r ('ca=
ntfLCer 1`4- 'I-o-as T -c _-a '�od= Erf--c -e-T- :floc'` and 14
TT,o-psr)r --ti-e'^
COIfpLInT ('E FE�PIiTCS
rase rTe q1-00 Tell arra Tfanc Lc is c) l0 Blocx
13 -, or By-The-Sea 2"'r+ Pc-h r 7 ac _ rT101at-o1 of sccr_o-s
302 1 Sanirar -acii-ries C-ok_r- and ieatiria
Equip-e-t M3 4 Elec}rica_ Liahts ana Outlers X04 Illni-i--
Pequi- e-eats for E-ecti _ca1 S stems 3 )5 h Wrotzcti 7e
-Pallings 31")5 7 '71n1 as 305 8 limo 7s to be Clazed 305 1
Windows to be OT)enani= I-- __ E�,rerior Door �7ra-es 3C5 13
Screens _05 1t Inr=ric. Floors 7aiis and eilinas 305
Bathroo- Doors 3177 1 aritaticn 307 4 Car. or Pre-_scs ^1
the Stanaara 'Aousina rods as ado,.tea by Lhavter 6iG of *he
r-ape tana7Cral CD de ct -ralrances ana �>�-ctlon o52 15
Criteria for Balldiria -�.ppeara.rc=s ana M-)lntenanrc Cc- -e_ -lay
Industrial and ParaaraL�rs C and D)
mr Ttl- lra r-srir-L a t-ar 1r 'fact as rnanxec? the Board for
tendira h-s N^re rar kl= ynr reperrea trat th_s caSp
as it com�l_arce ~
od- Dnf^rre-Pnt B^arrt
a=aular p4eerlra
July -L° lac)—
race 1 of j
2 Case No Q1-11 Karry L Ma tin Lors 1 2 1(1 1- ana 12
B1oCle b- kvon-BY- Phe-qea Secrior -3 TOT-Inship 24 Scut—
Rance 3- East t201-_05 'P_ercz 7erue and 2�_ 0-212 Bucnaran
ti , enae) - Vio-ation of `�,ertion b52 11 Prooert7 Exterior
Mainterance �tandaras Established section 61)2 13 Duties and
Responsibilities ct Maintenance wtanaards Eatabi_sned and
Seetior 675 i1 _ rrer to Iia -tain �re-~ises Free of Lirrer
TIS Hirchersr- testiticd tnar -Pe dean -rvc -i-bs ha-1 Deen -=-o led
ana rnat sane cr tre sramcs -aa been 1-kc�red Sne eccr*pd -hat
this case was Ln c -piiance
< Case o a1-1- Emcr J Wca .7er -ot 22 ')1 Tiarana 'Ry 7-r
Estates Section _t To -snio _1 Bourn Fanc7e -7 East blD3-
6113 Nortn ktlanric A7en?.e - Violation of Section 652 13
Duties ana Respcnsib�_y*les of Maintenance Standards
Established Paragraph ) al ) ara Sectlor 6::2 15 criteria
for Build_na ,ppeararce anx Naintenance Ccmmercial
Industrial and residential Paracrrap�l tD)
MY Klevina testiti..d trat tris ~ase Baas rot -n co-pliance HP
advisea chat I1r Weaver -aa -adz no attemcr to contac'- tre Buiidina
Depart-^ent and that Mr Tleaver aaa only re-ovea so-^e debris fro-
the front of the pronert It c, as noted that Mr Weavei has
received the Code Jntorce-rent Bozrd Order on Jure 25 1991 ba
realst_red -ail Discussion collo ed
4 Case _No 91-13 Peter Rodr?auez Lot 16 Bloc} 13 ,vrr-Bv-
The-Sea _ Sect-on _23 Township 2d South Range 37 East t8001
Poins-tta Avenue ) - Violation of Sectlor b41 33� (B) (1 )
Location of 1:1ecreational \'ericles Camping Equip-ent Boats
and Boats Trailers
I1r Klevina testif-ed that *-e Boats and Boat Trailers has been
re-no .za out or rre C-Ltv ana t-at this _,se ,gas in corlp-Liance
5 Case P o _?1-14 a-es 7 n11er Parcel 81- Section
Townsnip 24 South Rana 37 East 88)1 ,stronait Boul.vara) -
Violation of Section b52 -3 A � 2) Duties ana Res_ponsib-l_ries
of Maintenance Standards Esraolislea
Mr Klevina testified that the teas pal- Lre`s nad been re -vr-d
from tre procert� new trees )-aa been planted in tnP same
locations and rnat this case ias _r ccmpilance
PUBLIC HEAPINGq
Case No 9_--15_ Eugene Melaaard Lots 13 & la Block 4 nvon-
By-The_-Sea t d18 ,dams nvenuc ) _- Vioi-atlon of Sect-on 652 1j
(B) (2) Screen-ng c'- Dervlce taras and DumpsteY tireas
Ms Hutcherson test tied that Mr Melcaars hid oeen notifiea tgice
to screen the ctu-aster area tre orictinal `doticc of Violation was
dated March 22 1QG0 and the other eras dared Julv a 1Q9.L
Ms Tho-psor a filerd of Mr 11elaaard s testifies tnat Fr
Melcraard had been gait-ncr to screen the dumpsrer d-P to the fact
t`aat the parking area i as cro-rg to be recap ed Sne advised that
Mr M,lgaard was an the procPs= of receiving bids from various
contractors to do the pork FIs Tnorpson noted other duTpst r
areas that .were not screened tnrouchuut the Clty D-scussic-r
foiloT ed
Code Enforcement Boara
Reaular Meeting
July 18 + 991
Oaae 2 of 3
lir tl"-r.L "'cV el oc fz.l c
-Il1LIT C C_7 Fn( T t cr �i- ric - ::-rezz7-ed r rrree
sydes
Dara la£
JC'-" Ion '--z a- a_ eC
r a-da_ds Ecrab-_y ^ `I ICS -•7,r � t > CrC='^1r,- _ r-c
'ia'Ir z �*-a rlia ?pct-- f-- t r^ aTD _a I ca r� f
di-arc--
1)p.E- 'rr-at E SC_.aaar- cr31_ CM"-_ 7_T-
S-r=--n di-rst- -n r 2r _ z-,a
from co-iD.L ln7 t el-aa�a c-a_i nrlt E,, �lt � a �rC� ersnr
a Citi .Jfri-iai _ r----a -r sna-1 ynSL?-Ct rw nlnnC r
ar a nc-if th_ -PCar or __Tn_lpnc:
Sr'nUid _Ua=-C PiEiCra:._d `ay_ r C -Ci T 11" " aIc` P -rd� - orr,
rh` C-d:;; Er'fo-C.- n+- (--.- L __ I _q -rat r .�._. £t_ll
lciatic -hen a Tit _ nal 1= __d _'S r- cU r C f r
,in_i arc 1 Sri i__ i V f_ Gr da a s, _tl iqD! a-d YY
diol-a s -5 !:-1 -a-" i-a _r J t1C 1c!arlor _ icrs
t-d ^c r l r =z r c ... _ z t
Pis Russ_... cp---ded _ w ri^ i^tl n ^arr
T'-ere Del-a rn fart^_r as as c_ire(� ar
P rl
ap"�)rc ea t'Zis z2PO 'xa ^t �UqL' laa
St:_--r?tar
r _ ^f 3
CITt O- : �F C of,VER-i-
CODE EITFOFCEMEiTT BJ RD
FECJLr%F rfEETIPTr
,, rJSP 22 laal
z -=crular -eetlra of th_ roams _rt rre enr Boa- ,-i rf tn= rlt of -app
Ca^a-� eral Flo- -aa a= ne_d on laaast -2 1991 at "--ie C_t� �4a__
erne s 111 polr A eras CaL, :aravera_ "lrr-na
11_ Putchinson -aijea tn= -rte r t^ crag a* P 11 Tr_
S=rr,tary called rr= r ll
e-bcrs Present
_eczac h-rch--sor
James UK- 1
Jeanne Bers-n
Harlar^e !�r,_ffl Lc'
Memners �osLP*
C`-larles Stenai,_- _�alrMa�
tsar T� wsse_- HT1 C�ia_rMqr
pot, Moe_icr
-ean :'crier Gal-l-_
Ctrers ':)"esert
J3-_- Wood- an It At`cr^r
Eve. r Puy ch�_rson Hca- Offic r
'"hc-as F-e` _na f oae Error-_-int Ctf_Lcer
S.acar Bels r S=cr�rar
Mr Okell -c .7-1 -c aero me - _Lrutes Jul
submittea PRs Shett_e-d sec-rded tI^,� otic- motion carr -(-q
unari"ous-
It aas n(-tecd rrat fire Pett eet�na acusd bG "eld or Senn-e-ber 1Q
1ag1
The City A*tornev sir^re in 14s E eltir lig ,-cberso Coda Erfor-=- �rr
Off_�:Lr Mr Tro- as Fl=� i-!u _oae Enferc_-ert Officer and PJf
Jerr'� Sale itiZer
CCMP,I--110E HEi PI 13S
1 rasp TTo 91-15 Eugene 14elaaar. Lors 13 & 1-- Blcck 4 At ot-
B,r-TI,G-Sea { 410 dams ,ver ae ) - lolat-or of Section D52 13
t B ) ( 2 ) Screenlna rf Sei. lcr Paras and Dc_Mpst�_r areas
Ms H-tchcrsor restified t^a a cal-ante _ocat.Lcn nad best
deter-_-ed for tri dampsrer PIS hurcPc-scr resnectivcty ipquested
that the imp sed fine b�_ calved -nc` Western Waste nag Pot placed
~^e aamrster to the aLpropriar� lc^a}zon as proras'd She s, ai-,d
that Wpsterr Waste has as=ux -- A her trat t+"=v 7C-la -=locat- the
dumpster * omvrro�
TTr Okel1 -o� ed rnat yn _as= 1c u 1 -_5 r iuene 1,,::laaa,- ten '
i-TDosea fit - n�_a_nnl-a ucT_ist It 1AG1 bC al ca and _f lr Ta-r
I-ne aumpstcr is not -Q--vcr_ 7 loca.tea ata sc,-cenca r ., fiP= ::e
e_-stat=d and r1--z case ne nro_,�hr nctore th= Boara Pts Shefri-lc
set"-'ia_d thG "Pots n Motlo- carrl_a - ani-c siv
-oae ErrorcCmenr B^arc
Feau ar Pi��rina
117UST 2" 1 Q
Pac of -
rTJBLI 1-4Er'�'I14GS
Ms Hut Lrcrson resD,ct- T,i r,aL.estea t-at Cas, No wl-_9 oe -,=ar-
at this sinc, Mr Sa-e as t , nniv iolarcr lr tre aidicrc, Thi
Board concurred
Case To Q1-19 r"�ra.td and Joti ce Sale Lots - and 2 Blau bq
AVon-By-Tre-Sea i'1er ,.tlart-c ve*ii.e - vic-ation of
Sect-on 637 47 r-1 Pr---ipal Uses and Struct,_s a- I
Section 6j- 51 SD,c_al E cc7Jtlons Per-issib-, n7 Board of
.,d-ius,mentu P-i_ aaraphs t 7� t F�
Ifs H�_.tcherson test-flea t"lat Mr S=.1e fro- t_mc rn r_ c rad
aericles b__y cles and tralle s par-,d on this nar Tina lot kr
inspection r,a aled tnat f- 7e Rutomo7l_es were par'e-ect for sal= at
rays T-i-e j9� F-',?tc�"= sor S n "-tL-a The lolation noLycc and
nrotoaravhs of tr, 7erlr es par? _d E �rinit 1
rr Sale testified twat t-e -ricles cYe na nea and tray- ie naa
no oth,r place to part rne� Nr Sale stated -nat ne woula rot buy
or naT n ve"'iCleS _n the r -1rure ara r-spect-vel r asired Lrat to
Board allow hl-n ( 301 days to aisrose of rnem Dlsct.ssior folio T,_a
11_ Ok ell -^o` ed as *clic s
F-Lndinas of Fact -Ll eh-ries nffercd for sale ad not Dee-
removed fro- tnc premises k13 ourside display or -errs -%ndi-,e
offered for sale Pad rot ceased oz Sia=cial Exrepr-on to allow
outside aisTJla t ana nea and usea auto-enile sales has rot neen
octal-ea
Conclusion ^f y,a a Gerald and Jo ce Salo Ter, In Violat-r)r
of Section 63- 47 C-1 Or_nciz " Ls,=s aid S+*rl-c t res -nd
gecricn tD37 51 Snecia- L-ce )t1^ns Der-iss_ble by tre Bcard
of Adlustmerrs Paraaraprs (J) and + Kl of tnc -ap, Cane, era-
Code or Orainanceq
Oraer What G=rales and -ovice Sal= sbai_ co-iDi 7it'1 tre
aforemert-onea Sections on cr n,rore Si:z:,te-.oer _2" _a91 n
*aP -ra tPe follo q-ra action
- RemcJe al- Jer.c--s offer,-) for sale from me pre—ises
2 Cease a-! �u`s_de :'isnla of -erchardi=e otferea for
salt- or
3 r,' ai-7 a Snec_al -,cc.pLio- to a-coq outside diSN-3 ,, and
for rev, and .Lsea a-to--b-le sales
Lpon co~ olvina :,erala ata Jovice gale spa r^tif Evc1 Tr
Hutcherson : Ci} Dff_c-ai in � r_tiria sre sna-- insDe-t tr,
proT),rty and not-fv the Board of compiiar^,
Should Gcra_a and Tovice Salc fail to corrpl a A-tr the abo-, e
order and the Coae Enfor^ement Officer finds that they ars
stll- _n lola*lo- rhe- a fine shall be 1=�, _ed it the a-ou^t
of 5150 00 to me first aav ( SeDt�_mner 2j 1u411 and $150 00
for eac} ana e er dati t-ez �, iolat_or ,Xists and co-itiri-eS tc-
e ist
Shouid t^e violation reoccur �por rot-1-cation nJ tie Coae
E,rfo- cement Gttic,r a tine of S150 00 per aav shali ne
imposed foz eacr, and , ;ery d-i t^e vici cat-on cont�n-i s -cc
ez' -St
Ms Benson seco-iaea }h= -or-on Piotion carried urani-ousiv
Code :Inforcererr Bcara
Reailar Mcg-tlnc
raaust -2 I0q_L
Paar, :� of 4
Case To Q1-16 A-in " Pate__ I r< -st- ents I-c ,..ots 1-2 ana
West 1i2 of Lot 4 Bloc-, 13 ,-or-B.1-The-Sea ( 802u-8051 ITorrr
Atlantic Avenue) - Jiolation -f Seetior b,D2 11 0ro_pertti
E)�terlor Maint,_nance Standards Established Paracrrapa C
Section b52 _L3 Dut-es ana Pespons_uzllties of Mal-+-enanc=
Stanaar_ds Establ-Lsnea Paraaraph k i Section 65_ 19 Criteiia
or Sign yppearance ara Faintenanee Seetlor 6�.. 09 Per- -ts
and _Inspections S�_ctic,n b5_ 15 Wind Pressure and Dead �oaa
?egulr��^erts and b5- 28 Spec-al Jistr-ct Peaulat-onc
Paraara�n D
Ms Hutchersor testified that -h-s case Tas in co-Ll_anciz-,
3 Casa 'To yi-17 Gav D- aen moots 3-5 Blocx 43 nvon-B ,r-The-
Sea ( 315 Tyler , cnue - %lio-ation of Section 302 14 Sariterti
Fac_lit_cs_ Sect_c-, 3C2 4 later Healing Facilities _ Sectio-
3J2 b v-tchen Fac-1-t-es Section 202- 9-- -S-oke- Detector
Svst�rs Sect-Lon_ 30,� Pin--u- RegLiremertsfor Electi -ca-
S� stems 305 b Protect_� e Pa_i-n,s j05 11 Evttzrlor Doors
305 _3 Screens Section 3)5 16 Interior F-Loors galls a-a
Cei-inns Sect-on 305 2- Intei -or Cocr FardiNare ana Sectior
307 5 Etter-inatlon of the Stardard Housina Code as aacptca
bl Chapter b1j of the Cao - Ca-a eras Codes of Crdlrances
M klev-na test-tiea trat this case Tas in co-pi-ance
4 Case No a1-18 4e. k-crt IT-nael Tri.stGe Parc-1 lou 5ect_on
14 Township 24 South Ran,e _7 East (North of 8600 PidgelTood
Avenge) - Wilolatior -f �,,-_cti-n 703 3 "Qublic Nuisances
Proh�b_itea and Chap-Cr btu aaonrinct tre Standara Code for
tr,e Eli-iratior or Repair of Unsat= Builai-as
Ms Hutcherson descr-bea ne loca -cr or tnc Dropert and test fled
-nat tree aas an abandonca stractare h.Lch -saa neve oerT-itrea but
never cornio _ted in additi�r t an e .ces-Sivc acct-ulat_on Df
iz enier weeds und�razoi tr er other nlanr life a-d diad lirbs or
Dorton of trees on tI" -� prroert I She- testified treat me lot 2 "c
of Public uisance nad bier -awl-d o- -,pri1 1- 199 t Exl . bit 1 z
She supra-t*ed a --n�_-ncY-a-di - -orifyi , the Ciro Ria aa�r t-at Mr
Foss_ '�,`ea_toi -aa b=czr u nab-P to lorar::; I1r Iler,i (EXhioir 2)
the V Dlatior iotic, sated Jt.17 >u _cQ1 tlkrlyblt aid S'-�Priff s
Pei�,crts (E A IIS ratcherso- as -sea that rrone-rt and
urfinished structure as L-:tease and needed w-) be cleaned Lo
Discission fol_oued
IIr Okell moaeu as to-lows
Firdinas of Fact Tr1,= av-indonCz incompler, structure eras not
removed o_ sec.irec_ The aceds 2nd Lracrarr+ 7th had not nein
owed or cut aead trees and deaa =ree limbs and aebr_s had
not been remo7ea tro, tri= propertv
Conc_usion of Lai teroeit Bendel Trustee was _n Vic-atio-
or Seetlor) 70_ 3 Pun11c ITu-sarce prcn_oited a a Chanter 62 +
aaooti-a t- e Stardard Ccne for tre E1im_nar�on or ReiDair of
Unsafe Blilrina~
OrdCr That I~erA t rI=nd__ Thal l co-r-1 r sitn tri
aforcrn-coned Sect-n-s -n or !^=fore 1 991 u 7
tar,ira t-� follo -na acr-c-
Pero7e or secarc to,, a--a-de-e- income-,t- structdre o-
r �_ Nrooe_ tti
2 CuT or -o d me )cods ant. _raera_ oRt 7 re"^CZ "d aeaa T -ecS
ana aead r ee _L-bs aria re-nve ail Pbris fror tnc lot
Codes Errorc�=menr B(-ar
"taala- 4=�_t_na
A1CT_,zr d,2 1914-
a
a�
9u-aa�_ 3 cf 4
UDon compi�rina Hern=rt Men_el .nal_ -ot-f r Eve- ,7n har_r_Nso^
a C-tv Officiai in gr_tira s~c sha - _rsp,_ct tr= prop,rty
and rotit� me Boara of zomp_iarcr
Shoald Herb=rt IIendei fail to cemnly gity th= abo7e order a^a
the Coae Entorce-ert Of-"-i--=r finas t1at he is sr-i_1 in
violation trier a fine s-all oe _Lc ,,ird in the a-ourt of
$250 00 for t e first aay tSGpter_"�_r 13 g91I and 5250 Ou fo
each and eve_ , day t _ _ciat-on - ,ists and continues to
exist
Sriould tie .71olaL_on reoccur upon rot_s_catlDr ny rl^- "ore
Errorc=ment- Officer a f_r_ of S25a 00 per day shp-1 be
imposed for eacr and 7very day rri,:; -io-atior ccnti-ii—s ro
e� 1St
,Is Spefficld secondees the motion erotism carried nanimous a
tiad-On Items
1 Case No 90-23 Jose n riartnett t t_5 Madison ti� enue)
ds H itcher�zon z �_portGa that lir '-arnetr has omen fined S_ 3-5 uu
anc tnar a _ien gas pi is a o t-c picTD-rri nick has bee-i r_certl-�
sola
2 Cas, Ao c'0-21 Doua_ as Mil i^ tt790 "crrri ,rlanr_c k,7�_n .i_-
Pt_ Klevina reportea rnat Par r el _r -ad ne;^n -ri lo-Lar-ion of to
Cabe Canaveral Coae E-zorcement Boara Orcer dated June 2- zg90
it that vehicles were be-Lna stoma on his =crerry oarx-na az -as
F _r_ littered and c, =raroTAn ana the oo-_n azeas Aer- ov,raro n n
TTotire to Compl i gas ail a �uaust 1a 1g91 motif �7i„a Mr PIr1 ,7i z
t-at snou!a the above violatiors contira= tc e �-st at 4 30 P M
Wearesday Auadst 21 L991 a f_ne gould be imposes' _n th, aroun}
of SSI, ( ) for tri= first da (raaust _9 1991 and $50 00 for each
and every day the violati(-ns cc--irue ro ex_st Exnibit 1 ) Hr
Ylevina advised teiar lir ITelvin rad r)een fined for =our dais of
non-compliance
There oeina no further busir,ss the eetineT gas aaiourned ar 8 -�0
P M
Apvrov_d this da ; of �����1� _991
Cnair-ar
Secretary
Lode Ep forcerent Bcara
aeau_ar Meetinsr
Aucrast 22 1981
paa,-- 4 of 4
7a L
�P3_A1H IT PC �D
FE _ PiE TL
reat_ar Myna of +r ori _ +_ c 7 _R a-ra or "'c _t 0t '-ID
-ara _ a1 C _aa a
-rne _11 Pcil y - _` Z a r --a CI T
_. ,a__-an �tcnal i ::a-ie-1::a-ie-1t ryn r^ ravr t _ ?' P 1 p 2
S,cl star called ry c
_ ^bcL s Pre-en-
(-Ina--!,s
recenrrI+a=l,s 3-c lc _-r ha_rwai
I arti F _Ssc_l L c C-ai r -
�'eorae atrr_rs^r
�c� iccl�c_
a es (-)kcl_
_r- -atc
jea--nc
man F( r C i
amVy cli an 1r rr^r eT
E .re_ +ur -,rsor
tt C
is
f r e -c _a .= 01 _u -Ti=t- 22 " 1y ac
-I- -_Ltr-d M Cr Z3 C :1 0- tIr+ _ a} r �
Tr as n-rec tra' r r� 11 w_ IU r Oc� r �-� 1
C
Tr v_r �r� r c 3C c 1 _ y I� rw T ^a,
T ' ^d_ :Crc -ent
'a-KIP on a-la M- -Ld5 r'ir __ns
C_I
Cas _ o q_-_3 -rnc r le-w l sr ar_ ��C a_rrinn
�s Toms-i_o _ I ,)o-* ,an-te 3- _-s' Toft-- of 7-o(-_
n eri_e ' - l:)lat_L--- _ - - 7- _:iic
prCr _��tc a -r ..1 aH.r_r t2 _ca Nt- tnC Jt"anaara ..n- fo r
Ei_- irat_C" Cr RcT:ay_ c" TTrs,xic_ 3u_l ;.i -)as
its -tc- r �*� ?c�= ��ro� t tf e rnar rs
"I -cl --a nd !Dcc^ n� c � ' t- a!Danao"ca
strucrare ti - r _r)=rta rye a_=ac a a uracr�r c i-
_ _-c% ;. r _ (acad rrs "r-1 ae-1� � 4 is-- s ana rV-o
aenris fro- t^_ lot' -"a` ' -ccrr�a_ aa~
r r_' e t_ ri � c i <CS' a a} r oai- a- _ rn c ca t1
I`eui-nlna S= r _-n-r 1.. iWa_ a-a _r o T)--Lai a'ar- r^
O^'Z:cb 1h _aq1 rc al_o ,n, it d
COW .-lefc t)-_ rk Dsz-- '_''7L10 `"..
�_od� �n� o �^ Boar-
e-d--I
oar^ensy-I I �etlrn
La;_ of
lir Ca --a_ _ „aC ^ -4 � ncrn rt 1 nd_L trr as �C
t-p y ^Oa Q fes-- Ccal""�jr_ "'' -- ar __ l? a_ cCt _lla '
d � �= 9_ if �srr �rson
cc�oLlanC� ate .,� _ _ a� t.. r'T�. � � _
s=—) d:d tr rr1D, 0--c"
B,.,I- tiErPll
sc to _a s a a zda-s E-tcr-c_ ises _-5
C _L-n1a Lil :�r -_cr_da r 1*aT _ 5 L_ a_
Occupational L1 "rsc ascs a -,_Cr1C" '7 1 "1C- S
R�aLirC,. FaJmtrr or Ta PrcreaLLsitc to Istiaarcc and Ser --o-
73i L_ T-n-aP7fui __'iaaae 3us1"'__s ErWitnout L-cersc
Is T' dtcherso-i Coate ^r-- -= ,_rT rtl t tcStLflcd --at s np-
TJLC -a _'O 7 a _ C_ r-c 2 rca? a ar 1( C"1_
laLnrr ar i arp ^rs vn r-n_-" _d It re-orris ar- -ter- -e,
llr -aa-s aid "Cr -F P -c- e ri_ ' nCr
es`-fled tn3t a 1^' i c Ias t > > r id- s -av_ S,i- ( _ "a-
�r Lhas `7 Cessa_� rC" "_ 'C i ra_ = C c aria-i-1 _lc-nse (EKn_p r
l
Ir -,da-s r-d C--, _rt- 'ric ct:ir ala Ian cr 1 ll" ^Ly 7c
as re=1cr a o 2 a-a rf 'n _ r-s s - C,jr3 crf rhe let-"_j tor-
t
.iL _nt7 s"�a_,� pi"'f Cc -i-_ x�..�1� .� � ....c' +7Q-}SCr 'i TTCt._.CC
y l;*- aS - qi__ tC _ - 2 '' 'µ` �a s- 1 -9QI { r.-,''- it
.' ire a- t"7c 3-a rr r aac_ '_ ail /
a cur I c pac a' -s Heir f- 1 _ f lir a=I-s _L
llr -,da-s tccrir __J ' a+ n` 'S - " Ta 1��r1 _batC_ -S
a :iyes crc male LC 1-is �D_sLrcSc _n KC leaac ci sto- c.L ^ra, f`'
were riCi-a.Ll ,r dci_ 7crcC a-rc- CC ^Lo � lv C Ise ^ cr C_cF'_rq LTJ
ord_zs ar rye- Isla-, e
'Ire Chair-an asYCd Plr rias r ne I as t- nusl-^Gss Cl--'!
t'-at hAas par- Cr "d -err IT- r,aa-^s srar`a
that t-e card d_a of uel ra rc Is _r- �_.rsc
Mc Muter -iSCr ac _Sz- a --at a- _,_spa^ural liccns= ror lir naa-s
tyDE of nus-ress 3 alu ros` Si c_ J ar vLs_ 1� slOr fG �CwcC
i s ._.ss___ -c -a as r^LyC s
-lnainas or _lcT �d, s d -.Ca-s nt..rt,- Ls�s vas
OperatLnu a nas---ss 41rr'oa' ar ::Cc-Dar-c-a- . Ce'l;�c
C:)rclusio- ^r La E _ as-s as Lr Lol-ition -�r F_^r_da
Statue Gl, rl LOC:L L_ -e isc -'a %es ara S-c-tior
7-_ JG Ce Sc Y c ' 1L �a ea -iT Cr za prereauls_t- tt
Issi..a'ic _ ana jcCt_c- / 2_ 1_ r �a r .._ tC EnGaae _ 3us-res-
EtC [ 1'rvLt L_C_rs- _ ' r ape Cara,Tcrd_ C0a or
Ord-narc s
Cr-der Tr,-,t K-- baa s �,~a_ cc ^l _ta th�_ Cape (-a-at eral
y '.:,'ode or C- ina--,, J- o_ . More -)cTcbei -991 n
obt�irl-a _ c_tw rlona- -_cer-_
Upon cc tii rl a iii tea, v -na_- c _t r h% c.l� n T-+a+ ' =rso- a
Cit Ott-c-a_ sna-_ instcct to nrcpertl and
roof the 'Beard cf -^ pilar
^o» l r aams fai_ r^ row ,l [ _* t,,e abC e Cra_i ara r
Cod= Enf"rcPnt Officer firds TnaT is sti__ yr J- _ar-c-
ti en a f_-� s--a__ n-- Le L=a _ T zz7 a-To-nr of SoC nO for trr-
first iav cCc+over _9 1 - Y) ) r da tnGrear foY-
`�c. a-a -% _ a� ..r' l at c' t_r. s Lr' e-" -st
Mr Tisr-i scnd, a rr W -cr_cr 1 Z �ss.«`i fcL_O I=- �"lc 1 o
Carr �ca w'^ar1'T(`�cl
ode InfcrrgmCnt 9narr
Neu-_ar llevtinr
c7 -pt_-Mn=r -0 j gal
'Daae 2 ^f ti
2 Cas PTO 91-21 ,-lar k ?tz a"a ltiae Poni-spr Lor B_ ch
36 Section 2 Tcwnsnlp 21 :cuth lanae 7
East t114 T lwr ti,7enael - i plat_^~1 of Sect-on 6!D- 11 {C
Property -, terlor llalntenarc= Sta^cards Es-abllsned Sectlor
b52 13 Dutl=s ara Respors-billtles of lalrte-larce Stanaaras
stool-sned varaarann � A) Sanarzarapns " 6 and 7 arC
,--ct-or r-t_ -�7 { Par', _rc ana Storage of Certalr Elenlc_es
'fir K_=v_na -ode E^±"rc,~ _-,t `_f_cc_ tnat a rltte-
-o-n_a�nr '-ad b1 Tierccaes licrtal c (E _b_r ) a licticv
of V..olatiop Paa uecr -1,,_ tC r a-- prcrerty cwrcr ana Mr
am - sen ccc�ca,it Cr - ---ust 1981 --bit - ) Mr K,,7ina
teoortea that litter ara aenr.ls cT c "^r rp-ovea trr„ r}"'e Dre"T'.. ses
cieaa -i ee E -- e la r Nas -,-- 'no acd -ird tr,-
venlc c gas nor el e(- _ _ c 11 u �S1Cr *C11C�Jc �
t '"i l y w•• J�d "'S iCll`J� S
nalnas or Fact Th C __ttcr and a Cr IS T7cr ^ot r� �o Iia `r m
tnc or-^ises -ot tr-- -,=a wa 7- T a r
--,Fed ara -e en_^lam T 1�r or) Yea c c"l"ove f rro- }r_
ore is-s
Conclusior cr La iyar -tv a-,- L.i.tide -onirscn T7erc _
lolat--or of pct-ors b52 1 ._ 1(- ) �'—i =erty L }ter_^r 4alrr=-ian---
Staraa_as Es-ar__sn= S;ct-^r 52 13 D itl-s aT a
Responslo_ilt-_s of 'a-r°- na c,:7 ~ar-iaxds -srab�isred
Jaracf- aDr =Tnd - P-a S,c-t-cn
641 37ttii ara S-c_ aa= nr r*alr Ienl(-les
r)_ acr T-ar iia^ k atz a-- P olrson srai_ co- of ltr
tee afore-er +-icnc.c b,cr_ons cn or oetore uctobcr _u _991 bI
tak _r:; tre rC11"T Ira Ct_
1 Re-c7= all --rter 6 lenris tro- re- s-s
Tr- a1_ r`=d tr-e -1—s tro- r=-=s
Rer- cle zll c—s
4 +l^�, 1 a r
5 _c"np.LCte17 o 7-_ _ eel i or re Ole _T from r-_
ere--ces
Upo- co-o--,. Ira k_an Car_ ana (- Icy "orlrsor sea - roryry
Trio-as K-ev_-a a (__rt Ctf-c_a_ -i i ritlncr re shall _rsTcr+-
tne r)roperry and rotlty -c ?-ara o` Co-ulla-ce
Sho-la nia-i Patz a^a C_ do Pcbirs fail to co-Ply T_th -rte
abo% e order and tr= roae �ft_c-r f_ ids Mat you
a_ e st_l- _r tr)e^ a t_-_ scall ce 1p ica an r�L
a-ourt -f S2oJ 0 for the __rsr nav JCtobcr 11 _9q1 ' and
S25! 00 ::cr =acr ara e- I . a% —e v_J-aT-io- cont ri is s to
e 1St
S -,,1J, he Il0iat_7' cJc ,.._ ioc- -ct-f Cary--, by -hc Coae
E^for-c_-eri7 C)trlCcr a f- = S2O 00 pc7 aa� gna_l be
i-T,osccl r^r ac`' ar-+ r daz, t,e i-,a+---n r^nr; les to
c lS
lr Hutchinson se^r edea '-rc= -t_- P --r_oT ^al'_". cd __ --ina ous
-cdc E-force-enr Bna
�--cr-- a1 ice r in„
Sei�,teW b _a _qq
P a cr G
3 -se IIO Al-22 T7c:.11 a.na T an-v *fack_nrc Lcrs -1 & Bloch
a3 ti rn-By-Tre-�)-a gecty^r 23 -ownsh_p 26 Soutl Rance 37
Egst 72'6 Pc� er -,=) - VLclarLon of Sectior 1,1 6
�9ainterance Section -02 b _ooj irc and Heather Egai_p-Grr
Section j0_ 5 L_art -n Oabl_c ua--s and Stairways 5ectlor
305 Roofc Sect.,.On SJR 6 P -orective Ra--inas Section
305 1b Interior -locis Ways ara _elllras and S�ct_or
307 5 Extermination of tie 1c)88 Starda_a moss-nct Code_ as
,tdopted bN chapter b1Q ct the Cape Cara oral ode of
Ordinances
Mr Klevira Code Ertorce-ent nff.Lc.er submitted the Notice of
V-oLation dated Bente-ber 6 1091 (Exhibit 1) and a latter from
D C Pest Control Inc datLd Sentemncr 0 1GQ- (E.hinit 2) �e
rest-flea that the nest cont-c1 co pa-1 had _ound German roach
irf-station in -osr aparr-tints and tna` Mr Macki non was Marina
ar earnest cffcrt t- Drre_-r rhe rrobl=-s
Mr Mack--non 07ne test-f_cd t-ar r gas _n tr,= Droccss of
_Jlctina -anti cf h_s rcnarts t4a�,ycd that the Board consld-r
,S .endina his '"O""�_Liance aate s'J t -at c could ao ' (rough cacti
anyt after trt re-ants � cr_ _tr 11, Fr1e% Lna to aKe
notations of a_1 -ode 71ol a-aD-s
192 - atcninscn -cved trat Cas, To q_-22 tic tabled for 9C da ,, to
al_O 7 Mr Mac7inn ^ r_-e to c v_ct t _ P is a11oTA To- F i;ry ria a
C_tv Orr-clal t' tnc _ - -rs and a c notat_ors _f all c( r4
viclatlons ana report- --ac?, tc t P B_arc Ms ?Lss,-! s,cond�_d r}-
-Otlon Iictior ca rlea anar--ous11
a Case IFo 91-23 acn I9olire Lot 14 J5 Block 5 Cao-
Canav=ral B,ac>' Caraens Jnit sect-on 14 To 7-stip 2a
Scatn Rana 3- E=ast ' S41-) :.ana-, raL Boulevara) - Violat---i
of Secti_ors X05 - - Roofs 30!D 5 Stairs Poi ches and
Appurtenances _ _sO- _b 1_ Interior --oors Walls ara Cci-inas
of the 1988 Stanaard --roi-sires Code as ndopt a y _( chap}er 619
of the Cane Canavcra_ Code of Ordinarces ana Section )52 11
(C) Propert ,7 E termor Ha_ntenance Stanaards Established
65_2 13 Duties ana Pesponsibilities of laintenance Standards
Establisrea Paraarap~s n) ( 2 ) ana ( 6 ) and Section n5Z 1�-,
Cr_t�_ria for Baildira -irb,-arance a d Maint_erance Cc--erclal
Industrial and araaiaD (D) of t Cape
Caraveral Cca_ or Ord-man-es
Mr Klev nc Coati E^fo= Brent ^fr =r tcsrifica tnat ~rte roof
s^ina-es needed to DC ren-ac d favi- Pnd softit we e in d-srena-i
adaitsor to rear of house 7 s in a state of aisrcpalr c.ei1_na
arvt a1'_ nad fa-1--i do nctn ( nsrairs and dojnsta__ s shoe ea
e 7lacncc of aa*-er da- acre la ns 7cre - 7prar^,an a -ree 7a- aced _n
t"c backvard o cralov?t1' in barkra-a was a sourCc of _nfesterion
and paint abou H Aindows wer= Grack=- ani pe=lina -�_ a-i 7isea tliar
the tarrpel ty , as in fore-lcs _.trc and t}"ar O crdue scF^Ter characs
existed it the amount of aprr_ {LYTatc_ $633 00
Mr Fievina sub-Lttea the Ilo-ic= of violation aatea _1y 25 1Q9_
(EKnlblt 1 ) a letter to F lo.L _as Poa_r & Liant Co-pan, aathoriZina
tram to pall the voNer -ete. dated Duty 26 1991 (Exhinit 2) ana
a letter fro- nttorney Patric. a Boger fro,) the Law Offic-s of
Giles Hedrick & FonlDsor _ vnresentar_ e fox R'he First n
dated -tuaust 7 1A91 (Exnlri_t 3 ) T-ic stat-d that I9-, Born r rad
rcauested that the Board ektend me ti-c oerioa foi co-pliance s-
that her fLr- could continue their Gfforts to onta- access to t-e
prop=ity D-scussi�i fol'_cwed
Code Enforcer,ent Bc.ard
Peaalar I9eetlra
Senre^lner .9 199
Pace 4 of 6
11r IIOP_1er ~mired as to!-oi s
Fir dinas of Fact Th, roof as not beer -nspcctea nv a
.ce-sed oofcr ara rc -oor ghee neccssary a-- facia
and soff-t aa- rot rcpa-. d or rvpla-ed as necessary a-d-t-o-
at rear of roast „-s rot pa--red cc: mina drtiwa-
aas rot r_placed ; n__ C nacessar aai aas not -aintalncd -n
r-at and o de- -v fasn_c-n d,=aa tree -n nac vard uas nct
*c nov�d ncavv of ernroT rr -n bark. and Tnas no:. _ �--ov_d
* ter-c_ ,t ba-la_^as -re no- c -s�-ect scraped and pairt�d
4here neea,-d
Conclusion of LaE -acs Mol-n, 7a- -n 7iolatlon of Section
20t 3 2 woofs 30n 5 Sta-rs 1^rcn�-s --a -ppurrenarc,=s
235 16 Inter-or -!D-- s [lads and Ceilynas of tre 988
Stardard piousLn.x ("ods as ado-t,--a bT Cnarrur 619 of tn, C t- ,r
of Cape Canave_ a !^ae of --rd rands and Sectaors 6�-2 1- (C`
Property Ext=rler Nai t=ra-ice Sta-aa-as Estarlisaed 652 1-
D-t-es an~ _wpc* sib !it_es of Ilaint�-ranc� Stanaards
Estanl-s-=a ar�arap ( " a^3 b ) arl Sec-ion b52 15 (D )
Cr-terra for Ba-ld--a -:,r,-ararc- Co-m-rc-Lai
In(austria- a.na 'Q-s-aent-a_ c` t^ Cape ( ana �;ra- t ade or
Ordi^arcs
Order rhat Taok o-L_r- sPa-1 more- -rr cned
Sections -r or bc+orc Ocr-;Der 1991 Ay takina the
fo i!oTTina act-on
1 iia e the roof -nspector bi -i licensed roofer and r,:-
roofed � ^ere .aee-ea r cessar I
2 Repair or r place al_ facia ana soffit as ne-essary
- Pepai_ and nal-1- aaa-t on ar rc�r of rouses.
4 Rep-3c a_- cilira dr zRall a c_ �, recess=ry
5 'izin}a_^ ns i- a near and oraerl� fa5n-o z
6 Re-o 7e dead rrG^ -- nac 7a a
'7 Re-ove all Ica t c rercr oTnrr fro- nac? ,rai a
8 Bri sn sc_ app ana part c%tcr_Gr or b--lainca W le"z-
n C G a e a
lTpon vn plYira jack Mclin�- shall -otitc, Tl----as k'e -L-ia a
C-tv _tt-c-a_ � r_t--a re s"a-_ rspect the prowertti and
rotif the Boara :f Cc n��anr
Shou-a fact, 1cl-Lne ra-i cmp-,v tiyrn the above order and
Coa= Enforce- -nt -)ft-c-r r-rd^ r-ar re Ls still in tiiolat_or
t-ien a r--e snal- be -ev_ca _Ln tr:. Iwo-rt of $2;�0 ^C for th
f-rst dati (October~ s _qal ana )2!Du uJ for edrr a a :7verti
aay tl-e -clatinns c-.nt-,u to
Mr iutchi^son sccondca the -Tot o- rioticr carr-ea i-na- .mous-,
5 Case jo Q--25_ t -i-Lia- Benn-n O -er ana fares Ilarphy_ Aa=nt`
Darce- 2 _Sect-or 22 a-d Parce-s 2b-s and 281 2 Sect-en 23
Township 2Q South Ranae 3- East ( South of _80x_5 Astr_onai r
Boulcvard� - V-clarion of Section _ b57 03 Land Cl,--ar-na
Reaularlo-s_ S=ct-on 65"' COrorection or Trees arc
veaetati Batters Da.—raph tr` -''eCr-te. -a
Suopa-aararas and i _ __- _ _ _ _
Ccdc; :nforce^cnt B^ar-
a:.cTul=r 11=etyna
I;epte-• -r -L9 1991
aa.xe 5 of 6
PIs rli t"ct7_rson ^_T' c cr ' ` " cr 16 yCC t It, IIcrp1d
nrab_an a :tor-=- :ourc_- r-mbe- cr�Dta:nr in pi-tures -alien nt
_-ia_t�lor_z-d -ana clearlra Scwrq , t OQ5 st--ra-r Boulevara SrE
'lad kited t^e site ai ons 1 Tor � _ iDrocrress and
ad Tlscd tile c-uin-ent oT-)eratcr } ceas, Sne cc-tdcted -"c ogner
Mr Willa- Bernlz a d ad Asea teat z le nad placed a S"oo Joxk
2,(-cr or t`'c orO_�rty Pr Benr'- �' is adv-sed "le- ~rat t"e Wa"
"cine"' car of the =o-nrr and talar �ac ou_d ray= Mi Niurbrti contact
r v
TMIs Muter -rson reoorrel a 10-_crc f V-ola--or aas rand -
de__,7=rea tc lir Senrc' ".J- 1-, 1891
(E nl.blt 1 a letr r trc- I _ Be-r- late Septe-^ner lb
ac isea *-ha- s_nce �-e Gas o-t of rilp coui try nE= re-qucstc
tr'at t-is case tc t)os",_-)Gnpa anr- i c Ycr r--a E-q ^, r
oretoa aot-is of _--d as (E ill)-t )
Di.scuss-on fclloa_
TMfr }iatch-risor otic d t oostporc rn, c untli t -,dul--
eetyrlc ( :)ctcDer 1- _qal �_ wa-,,ll seccnded tre `"odor
Ifo-ion carr-L=c Grarll-ous-
There beinct nc furttler n-s les- as ac. ourr= at 8 µ5
p r�
,,ppro�,ed tri- / da of 199L
+ v_
r
Secretary
Code --riforr-tmenfi Bcara
!�'eaalar Meet_na
Septe-bar 19 1Q91
Pane 6 of 6