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HomeMy WebLinkAboutCEB 1992 Minutes CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 23 1992 A reaular meetina of the Code Enforcement Board of the City of Cape Canaveral Florida was held on January 23 1992 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 Jeanne Benson Marianne Sheffield Jean Porter-Gabler Leon Eldredae Alternate Members Absent Georae Hutchinson Others Present James Woodman City Attorney Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr Eldredge moved to approve the minutes of December 19 1991 as submitted Mr Okell seconded the motion Motion carried unanimously It was noted that the next meetina would be held on February 20 1992 The City Attorney swore in Evelyn Hutcherson Code Enforcement Officer David Shinn Romuald Des-iardins and Judy Rothrom citizens COMPLIANCE HEARINGS 1 Case No 91-33 Patsy J Arline Lot-4 Block 11Avon-_By-The- Sea_ ( 511-513 Adams Avenue) -_Violation of Section 652 11 (C) Property Exteri_orMainte_nan_ce _Standards Established, Section 652 13 (A) (1) _ and _(2) Duties and Responsibilities of Maintenance Standards Established Ms Hutcherson testified that this case was in compliance PUBLIC HEARINGS 1 Case No 9_2-01 David W Shinn _ Lot 3 _ Pampas Villas (215 Buchanan Avenue) - Violation_ of Section 641 37 Parking and Storage of Certain Vehicles Code Enforcement Board Reaular Meetina January 23 1992 Paae 1 of 4 Ms Hutcherson testified that in June of 1988 she had received a verbal complaint from the property owner of the vacant lot because the City had mowed around a vehicle that was parked on his vacant lot without his permission (Exhibit 1 ) the vehicle was moved by its owner Mr Fox Code Enforcement Officer noticed that the vehicle was parked there again and posted a 10 day towing notice on June 4 1990 (Exhibit 2) the vehicle was removed from the lot by its owner on August 20 1991 a Notice of Violation had been mailed to the vehicle owner because the vehicle had been parked on the vacant lot again the vehicle was then removed however the Violation Notice had advised Mr Shinn that should the violation continue bevond a specified time or reoccur that this case would be heard before the Code Enforcement Board (Exhibit 3) on December 27 1991 the vehicle was aaain parked on the vacant lot Ms Hutcherson submitted a photoaraph of the vehicle (Exhibit 4 ) She further testified that on January 2 1992 a Notice of Hearing had been mailed to Mr Shinn advisina him that he was requested to appear before the Board to aive testimony (Exhibit 5) The Board members reviewed the exhibits Discussion followed Mr Shinn testified that the vehicle had always been in operable condition and with a current tag He agreed that he never had written permission to park the vehicle on the vacant lot He stated that he had restricted parking at his residence and that he presently owned three vehicles Discussion followed Ms Hutcherson further testified that Mr Shinn had never contacted her reaardina owner information to find out if the lot owner would give him written permission to park his vehicle on the lot Discussion followed Mr Moeller moved as follows Findings_of Fact David Shinn had parked his Ford F-250 Pick- up truck on the vacant lot located on the southeast corner of Buchanan and Oranae Avenue Conclusion of Law David Shinn was in violation of Section 639 37 (A) on December 27 1991 Compliance_ David Shinn was found in compliance due to the fact that his vehicle had been removed from the vacant lot Order Should the violation reoccur upon notification of the Code Enforcement Officer a fine shall be levied in the amount of S50 00 for the first day of non-compliance and $100 00 per day thereafter for each and every day the violation exists and continues to exist Mr Okell seconded the motion Motion carried unanimously Discussion followed 2 Case-No 92-02 Hans K Saurenmann _President Canaveral _Bay Condominium Association Inc (200 _I_nternationa_l Drive) - Violation of Chapter 657^ Tree Protection and Land Clearing Ms Hutcherson testified that Mr Saurenmann had been called out of the Country and that a letter from him had requested that the case be postponed until the next scheduled meeting Ms Hutcherson stated that since Mr Saurenmann was responsible for hirinq the person that did the clearing his testimony would be very important in this case She respectively requested that this case be tabled until the next scheduled meeting Discussion followed Code Enforcement Board Reaular Meeting January 23 1992 Page 2 of 4 Mr Okell moved that Case No 92-02 be tabled until the next scheduled meeting Ms Sheffield seconded the motion Discussion followed Motion carried unanimously 3 Case No 92-03 Romuald Desiardins _Lot 11 _03 Block 44 Avon- By-The_Sea (438_ Polk Avenue) Violation_ of Section 641 33 (B) _ Location of _ _Recreational Vehicles_ Camping Equipment Boat and Boat Trailers Ms Hutcherson testified that a letter had been mailed to Mr Desiardins dated January 24 1991 advising him that his vehicle exceeded the size limit for parking in a residential zone (Exhibit 1) On January 7 1992 a Notice of Violation had been mailed for the same violation (Exhibit 2) The Board members reviewed the exhibits Discussion followed Mr Desiardins testified that he owned a condominium unit at 406 Tyler Avenue and 438 Polk Avenue and that he comes down from Canada six months out of the year He stated that the motor home was his only means of transportation Mr Desiardins advised the Board members that he would be going back to Canada on April 15 1992 and assured the members that he would not bring the mobile home back to Cape Canaveral Discussion followed Mr Okell moved as follows Findings of Fact A ~rotor home in excess of 21 feet was parked on the property Conclusion of Law_ Romuald Desiardins was in Violation of Section 641 33 (B) Location of Recreational Vehicles Camping Equipment Boats and Boat Trailers of the Cape Canaveral Code of Ordinances Order That Romuald Desiardins shall comply with the aforementioned Section on or before April 16 1992 by taking the following action Move the vehicle to an approved location within the City or store the motor home outside the City Upon complying Romuald Desiardins shall notify Evelyn Hutcherson a City Official in writing she shall inspect the property and notify the Board of Compliance Should the Violation reoccur upon notification by the Code Enforcement Officer a fine of 5150 00 per day shall be imposed for each and every day the violation continues to exist Ms Sheffield seconded the motion Motion carried unanimously 4 Case No92-04 Jeff Budlow_Lot_5_ Block 39 , Avon-by-the-Sea (411 Harrison_ Avenue) __ Violation _of Section 641 37 (A) Parking and Storage of Certain Vehicles Ms Hutcherson advised that a Notice of Violation had been mailed on January 2 1992 and that the returned certified receipt had not been returned from the post office She respectively requested that this case be tabled until the next scheduled meetinq The Board members concurred 5 Case No --9-2-05 S E Buck Lot 8 Block 22 Avon-_y-the-Sea (7777 Orange Avenue) -Violation_of Section 652 11 Property Exterior _Maintenance Standards Established, Section_652 13 Duties _a_nd__ Re_sRgRsibilities of Maintenance Standards Established_ and Section_ 675_1_1Owner to Maintain Premises Free of Litter Code Enforcement Board Regular Meeting January 23 1992 Page 3 of 4 Ms Hutcherson testified that the tenant had picked up the cans and debris and that he had assured her that he was in the process of receiving bids for reroofing and when the roof was completed he would then paint the bulldina She respectively requested that this case be tabled until the next scheduled meeting so that the owner could have more time to obtain a rooflna contractor The Board members concurred There being no further business the meeting was adjourned at 8 30 P M Approved this 0 day of _ 1992 Chairman Secretary Code Enforcement Board Reaular Meeting January 23 1992 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 20 1992 n regular -Teetina of the Code Enforcement Board of the Citv of Cape Canaveral Florida was held on February 20 1992 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 Georqe Hutchinson Roy Moeller Jeanne Benson Marianne Sheffield Jean Porter-Gabler Leon Eldredqe Alternate Others Present Leslie Clark City Attorney Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr Okell moved to approve the minutes of January 23 1992 as submitted Ms Sheffield seconded the motion Motion carried unanimously It was noted that the next meeting would be held on March 19 1992 The City Attorney sTAore in Evelyn Hutcherson Code Enforcement Officer and Hans Saurenmann a citizen COMPLIANCE HEARINGS 1 Case No 92-22 Neil and Nancy MacKinnon Lots 9 &_10 Block 42 Avon-By-The-Sea- ( 276 Polk Avenue? - Violation of Sections 101 6 Maintenance 302 6 Cooking and- Heating Equipment 303 5 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 Ms Hutcherson summarized that the Dolphin Apartments had numerous violations in a number of the units She explained that Mr Klevincq Code Enforcement Officer had inspected and approved four of the units for occupancy Ms Hutcherson advised that the property was in foreclosure and that George Lewis Realty was currently managinq the property She explained the Mr Lewis had been notified of the various code violations and advised that the units could not be occupied until inspected and approved for occupancy by the Building Department Ms Hutcherson respectively requested that this case be withdrawn Mr Hutchinson moved to withdraw Case No 91-22 Ms Benson seconded the motion Motion carried unanimously Code Enforcement Board Reaular Meeting February 20 1992 Page 1 of 8 PUBLIC HEARINGS 1 Case-No- 92-02 Hans K -Saurenmann President Canaveral Bay Condominium Association Inc ( 20_0 In_te_rnat_ional_ Drive) Violation of Chapter 657 Tree Protection and Land Clearing Ms Hutcherson testified that on January 23 1992 Mr James Murphy Agent for Mr William Bennix had reported that some of their property that the Code Enforcement Board had recently fined them for unauthorized land clearing had been cleared She was assured by Mr Murphv that neither Mr Bennix or himself had any part in the land clearina Ms Hutcherson further testified that she had inspected the property and learned that the Canaveral Bay Condominium Association had authorized the clearing and a Stop Work Order was posted Ms Hutcherson submitted Dhotoaraphs of the cleared property taken on January 3 1992 (Exhibit 1) On January 6 1992 additional photoaraphs and measurements were taken of the protected trees which had been destroyed (Exhibit 2) The Board members reviewed the exhibits Discussion followed Ms Hutcherson submitted an aareement between Mr Bennix and the Canaveral Bay Condominium Association for the replacement of the destroyed trees (Exhibit 3) Discussion followed Attorney Clark advised that the agreement to replant the destroyed trees was a civil matter The Board members reviewed and discussed Section 657 13 of the Cape Canaveral Zonina Reaulations and Chapter 801 of the Cape Canaveral Code of Ordinances Mr Hans Saurenmann President of the Canaveral Bay Condominium Association testified that he could not locate the property lines He stated that the property was cleared because a fire hazard had existed and that the property was previously used for a dump site and party area therefore making it an unsafe condition He advised that the Association had paid $1 625 00 to remove the dead debris and overarowth Discussion followed Mr Moeller moved as follows Findings_of_ Fact Trees and other vegetation were removed without authorization from an area approximately 40 to 50 feet by 250 feet on Parcel 14 1 Section 22 Township 24 South Ranae 37 East (immediately west of the tennis court ) Conclusion of Law The Canaveral Bay Condominium Association Inc was in violation of Chapter 657 Tree Protection and Land Clearina of the Cape Canaveral Code of Ordinances Order That the Canaveral Bay Condominium Association Inc be fined in the amount of 95 000 00 for the aforementioned removal of various trees and that the fine be Raid within 90 days of this Board Order Failure to pay the fine shall result in a lien being filed against the real property located at 200 International Drive Upon comDlyina Hans K Saurenmann President shall notify Evelyn Hutcherson a City Official in writing Should the violation reoccur upon notification by the Code Enforcement Officer a fine of 5250 00 Der inch in diameter shall be imposed for each and every tree removed Mr Okell seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting February 20 1992 Page 2 of 8 2 Case No 92-04_ Jeff Lynn Budow Lot 5_ Block 39 Avon-By-The- Sea (411 Harrison_Avenue) - Violation of Section_6_41 37__(_A) Parkinq_and Storage of Certain Vehicles Ms Hutcherson testified that a 10 day Towing Notice had been posted on the vehicle Ms Hutcherson requested that this case be tabled until the next scheduled meetina The Board members concurred 3 Case No 92-05- -S E Buck Lot 8 Block 32 Avon-Ay The-Sea (7777 Oran�ce_Avenue) = Violation of Section 6_52_11_ Property Exterior Maintenance Standards Established, Section. 652 13 Dutiesand Re_spgnsibilities of - -Maintenance Standards Established and Section 6_75_11 Owner to Maintain Premises Free of Litter Ms Hutcherson testified that this case was in compliance 4 Case_ No _9_2-06 John_Bolan_o_ws_ki Lots_2-5 , Sunset Arms ( 203 Loner Point_Road Units__B _ C__ D and_E_) - Violation_of_Section ra 673 03 Paaraph 3 _L_ocation_ o_f Garbage Receptacles and Section_ 6_73_0_5__ Proper_ Disposal of Garbage and Trash a Prerequisite_ to Collection Ms Hutcherson testified that Mr Bolanowski had advised that he had purchased trash cans and was in the process of buildina an enclosure for them Ms Hutcherson requested that this case be tabled until the next meetina The Board members concurred 5 Case No --92-07 --Kevin Maguire--Owner and Mr__ & Mrs _Char_les_ Oster_anderTenants--East 1/2 of Lot 2 and Lot _3 Block 15 Avon- The-Sea (315 Jefferson_Avenue) - Violation of Section 711 02 Enumeration of Prohibited Noises Paragraph E Ms Hutcherson testified that the doa owner and the docs had moved and that this case was in compliance 6 Case No 92-08_Jeff_ Budow_ Atlantis_Apartments (411 Harrison Avenue) - Violati_o_n of Florida Statute _205_ Local_ Occupational Taxes__, and Section__7_2_1 05 _ License Require_d, P_aymen_t of Tax Prerequisite _to_ Issuance and Section 721 11 Un_la_wfu_l to Engage in Business_ etc -Without -License Ms Hutcherson testified that the returned certified receipt had not been received Ms Hutcherson requested that this case be tabled until the next scheduled meetina The Board members concurred 7 Case No _92-09_ -Charles_E_ Roichek _d/b/a Charles_Main_Service ( 8501 Ridgewood Avenue) = Violation _of Florida Statute_205_ Local Occupational Taxes _- and__Section 7_21 05 License Re uq ired, Payment-ofTax Prerequisite to_ Issuance_ and Section 721 11 , Unlawful-to Engage in Business etc —Without_License Ms Hutcherson testified that Mr Roichek was in bankruptcy Since Mr Roichek was no longer in business Ms Hutcherson requested that this case be withdrawn The Board members concurred 8 Case No _92-10 , Fred Evans d/b/a Fre_d-e_s Custom Painting (431 Washington Avenue)___ Violation of _Florida St_atu_t_e_205 Local Occupational_Taxes and Section 721 05 License_ Required,Payment of Tax Prerequisite_ to Iss_uan_ce___and_Section 721 11 . Unlawful to Engage _in Business— etc --,- Without License Ms Hutcherson testified that Mr Evans had received his Notice of Violation and had made no contact with the City Discussion followed Code Enforcement Board Regular Meeting February 20 1992 Page 3 of 8 Mr Hutchinson moved as follows Findings of Fact Fred Evans d/b/a Fred-e s Custom Painting was operating a business without an occupational license Conclusion of Law Fred Evans was in violation of Florida Statute 205 Local occupational Taxes and Section 721 05 Licenses 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 Fred Evans shall comply with the aforementioned Sections on or before March 13 1992 by taking the following action 1 Obtain an Occupational License or 2 Notify the City in writing that you are no longer operating a business in the Citv of Cape Canaveral Upon complying Fred Evans shall notify Evelyn Hutcherson a City Official in writing She shall notify the Board of Compliance Should Fred Evans 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 (March 14 1992) and 550 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 Sheffield seconded the motion Motion carried unanimously 9 Case No 92-11 Chris_tooher_ Manning d/b/a Ocean Property Service (108 Garden Beach Lane) -_Violation of Florida Statute 205 Local Occupational Taxes _ and Section 72105 License RequiredL Payment of_Tax P_rerequisite_to_Issuance and Section 721 11-Unlawful to Enga�e_in Business etc Without License Ms Hutcherson testified that Mr Manning had received his Notice of Violation on January 23 1992 and had made no contact with the City Discussion followed Ms Benson moved as follows Find1nncs of Fact_ Christopher Manning d/b/a Ocean Property Service is operating a business without an occupational license Conclusion of Law Christopher Manning d/b/a Ocean Property Service was in violation of Florida Statute 205 Local Occupational Taxes and Section 721 05 Licenses 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 The Christopher Manninq shall comply with the aforementioned Sections on or before March 13 1992 by taking the following action 1 Obtain an Occupational License or 2 Notify the City in writing that he is no longer operating a business in the City of Cape Canaveral Code Enforcement Board Regular Meeting February 20 1992 Page 4 of 8 Upon complying Christopher Manning shall notify Evelyn Hutcherson a City Official in writing She shall notify the Board of compliance Should Christopher Mannina 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 (March 14 1992) 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 $100 00 per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson seconded the motion Motion carried unanimously 10 Case No _92-12 Douglas S__Melvin d/b/a Resort_ Shops of Cape Canaveral (68_90 No Atlantic Avenue) - Violation of Florida_ Statute _205_ _ Local Occupational Taxes-- and Section 721 05 License Re_q ired, Payment of Tax Prerequisite to Issuance and Section_ 72_1_11 Unlawful to _Engage in Business etc-- Without License Ms Hutcherson testified that Mr Melvin had received his Notice of Violation on January 23 1992 Mr Melvin came into the Building Department and assured her that he would pay for the license prior to the case being heard by the Board She advised that Mr Melvin never return Mr Okell moved as follows Findings of Fact Doualas S Melvin d/b/a Resort Shops of Cape Canaveral was operatina a business without an occupational license Conclusion of Law_ Douglas S Melvin d/b/a Resort Shops of Cape Canaveral was in violation of Florida Statute 205 Local Occupational Taxes and Section 721 05 Licenses 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 Douglas S Melvin shall comply with the aforementioned Sections on or before March 13 1992 by takina the following action 1 Obtain an Occupational License or 2 Notify the City in writing that you are no longer operating a business in the City of Cape Canaveral Upon complying Douglas Melvin shall notify Evelyn Hutcherson a City Official in writing She shall notify the Board of compliance Should Douglas Melvin fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then a fine shall be levied in the amount of $50 00 for the first day (March 14 1992) and $50 00 for each and every day the violation exists and continues to exist Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $100 00 per day shall be imposed for each and every day the violation continues to exist Code Enforcement Board Regular Meeting February 20 1992 Page 5 of 8 Mr Hutchinson seconded the motion Motion carried unanimously 11 Case No 92-13 Jeff and Sandra Rich d/b/a Rich s Restaurant (8200 Astronaut Boulevard) - Violation of Florida Statute 205 Local Occupational Taxes and Section 721 05 , License Required Payment of Tax Prereisite to Issuance , and Section 721 11 Unlawful to Eggage_in_Business etc , Without License Ms Hutcherson testified that Mr Rich needed to complete his renewal application indicating the number of seats in the restaurant in order for and Occupational License Fee to be assessed Ms Sheffield moved as follows Findings of Fact Jeff and Sandra Rich d/b/a Rich s Restaurant were operating a business without an occupational license Conclusion of Law Jeff and Sandra Rich d/b/a Rich s Restaurant were in violation of Florida Statute 205 Local Occupation Taxes and Section 721 05 Licenses 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_ Jeff and Sandra Rich shall comply with the aforementioned Sections on or before March 13 1992 by taking the following action 1 Obtain an Occupational License or 2 Notify the City in writing that you are no longer operating a business in the City of Cape Canaveral Upon complying Jeff and Sandra Rich shall notify Evelyn Hutcherson a City Official in writing She shall notify the Board of compliance Should Jeff and Sandra Rich fail to comply with the above order and the Code Enforcement Officer finds that they are still in violation then a fine shall be levied in the amount of $50 00 for the first day (March 14 1992) 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 $100 00 per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson seconded the motion Motion carried unanimously 12 Case No 92-14_ Robert_Delcazel_ Scandia Apartments (233_ Jackson Avenue) Violation of Florida Statute 205 Local Occupational 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 testified that this case was in compliance 13 Case No 92-15--Joseph F Trappasso d/b/a Picovus Limited Management Group 401 Monroe_ Avenue Unit A-10_2} -_Violation of Florida Statute 205 Local O_ccupationa_l Taxes— and-Section 72105 _License Required, _ Payment of _Tax Prerequisite -to Issuances and Section 721 11 Unlawful to Engage in Business Code Enforcement Board Regular Meeting February 20 1992 Parte 6 of 8 etc __Without License Ms Hutcherson testified that the returned certified receipt had not been returned She requested that this case be tabled The Board members concurred 14 Case No 92-16 , Donald E Jacobs d/b/a Commercial Caulking & Coating (201 International Drive #201)_- Violation of Florida_ Statute 205 _Local Occupational 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 testified that the returned certified receipt had not been returned She requested that this case be tabled The Board members concurred 15 Case No 92-17 _William Warren , d/b/a Bill s Air Conditioning and Refrigeration Service _ Inc (6211 N Atlantic Avenue) - Violatio_n_of Florida_Statute 20_5 Local Occupational Taxes and Section 721 05 -a License Required, P�ment of Tax Prerequisite to Issuances and -Section 7_2_1 11 Unlawful t_o_E_n_qagee in_ Business etc Without License Ms Hutcherson testified that a check had been received for payment of the license however the insurance certificate had not been received Ms Porter-Gabler moved as follows Findings _ of Fact William Warren d/b/a Bill s Air Conditionina and Refrigeration Service Inc was operating a business without an occupational license Conclusion of Law_ William Warren d/b/a Bill s Air Conditioning and Refrigeration Service Inc was in violation of Florida Statute 205 Local Occupational Taxes and Section 721 05 Licenses 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 William Warren shall comply with the aforementioned Sections on or before March 13 1992 by taking the following action 1 Provide a Certificate of Insurance in order to obtain an Occupational License or 2 Notify the City in writing that he is no longer operating a business in the City of Cape Canaveral Upon complying William Warren shall notifv Evelyn Hutcherson a City Official in writing She shall notify the Board of compliance Should William Warren 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 (March 14 1992) 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 5100 00 per day shall be imposed for each and every day the violation continues to exist Code Enforcement Board Regular Meeting February 20 1992 Page 7 of 8 Ms Benson seconded the motion Motion carried unanimously 16 Case No _92-18 Michael JHunt_e_r _Northwind Apartments (7709 Ridgewood Avenue) _ Violation of Florida Statute 205 , Local Occupational Taxes , and Section 721 05 , License Required_, Payment of Tax Prerequisite_to_Issuance_ and Section 721 11 Unlawful to E; age in Business etc Without License Ms Hutcherson testified that the returned certified receipt had not been returned She requested that this case be tabled The Board members concurred There being no further business the meeting was adjourned at 9 30 P M Approved this ��( fti day of _ U l �l .Y� _ 1992 Chairma Secretary Code Enforcement Board Regular Meeting February 20 1992 Page 8 of 8 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 19 1992 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on March 19 1992 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 George Hutchinson Roy Moeller Jeanne Benson Marianne Sheffield Members Absent Jean Porter-Gabler Leon Eldredge Alternate Others Present Kevin Markey Assistant City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of February 20 1992 as submitted Ms Benson seconded the motion Motion carried unanimously It was noted that the next meeting would be held on April 23 1992 COMPLIANCE HEARINGS 1 Case No 92-10 , Fred Evans , d/b/a Fred-e s Custom Painting (431 Washington Avenue) - Violation of Florida Statute 205, Local Occupational Taxes , and Section 721 05 , License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc , Without License Ms Hutcherson reported that this case was in compliance 2 Case No 92-11 , Christopher Manning d/b/a Ocean Property Service (108 Garden Beach Lane) - Violation of Florida Statute 205, Local Occupational Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business, etc , Without License Ms Hutcherson reported that this case was in compliance Code Enforcement Board Regular Meeting March 19 1992 Page 1 of 4 3 Case No 92-12 , Douglas S Melvin, d/b/a Resort Shops of Cape Canaveral (6890 North Atlantic Avenue) - Violation of Florida Statute 205 , Local Occupational Taxes , and Section 721 05 , License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , Unlawful to Engage in Business , etc , Without License Ms Hutcherson reported that this case was in compliance 4 Case No 92-13 , Jeff and Sandra Rich, d/b/a Rich s Restaurant (8200 Astronaut Boulevard) - Violation of Florida Statute 205 Local Occupational Taxes, and Section 721 05 , License Required, Payment of Tax Prerequisite to Issuance, and Section 72111, Unlawful to Engage in Business , etc , Without License Ms Hutcherson reported that this case was in compliance 5 Case No 92-17 , William Warren, d/b/a Bill s Air Conditioning and Refrigeration Service, Inc (6211 North Atlantic Avenue) - Violation of Florida Statute 205, Local Occupational Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc , Without License Ms Hutcherson reported that this case was in compliance PUBLIC HEARINGS 1 Case No 92-04 , Jeff Lynn Budow, Lot 5, Block 39 , Avon-By-The- Sea (411 Harrison Avenue) - Violation of Section 641 37 (A) , Parking and Storage of Certain Vehicles Ms Hutcherson reported that this case was in compliance 2 Case No 92-06 , John Bolanowski , Lots 2-5, Sunset Arms (203 Long Point Road, Units B, C, D and E) - Violation of Section 673 03 , Paragraph 3 , Location of Garbage Receptacles, and Section 673 05, Proper Disposal of Garbage and Trash Prerequisite to Collection Ms Hutcherson reported that this case was in compliance 3 Case No 92-08 , Jeff Budow, Atlantis Apartments (411 Harrison Avenue) - Violation of Florida Statute 205, Local Occupational Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11, Unlawful to Engage in Business , etc , Without License Ms Hutcherson reported that this case was in compliance 4 Case No 92-15, Joseph F Trappasso, d/b/a Picovus Limited Management Group (401 Monroe Avenue, Unit A-102) - Violation of Florida Statute 205, Local Occupational Taxes , and Section 721 05, License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc , Without License Ms Hutcherson reported that the certified letter had been returned unclaimed She requested that this case be tabled until the next scheduled meeting Mr Moeller moved to table Case No 92-15 until the next scheduled meeting Ms Sheffield seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting March 19 1992 Page 2 of 4 5 Case No 92-16 Donald E Jacobs d/b/a Commercial Caulking & Coating (201 International Drive, #201) - Violation of Florida Statute 205 Local Occupational Taxes , and Section 721 05 , License Required, Payment of Tax Prerequisite to Issuance, and Section 721 11 , Unlawful to Engage in Business , etc Without License Ms Hutcherson reported that the certified letter had been returned unclaimed She requested that this case be tabled until the next scheduled meeting Mr Moeller moved to table Case No 92-16 until the next scheduled meeting Ms Sheffield seconded the motion Motion carried unanimously 6 Case No 92-18 , Michael J Hunter, Northwind Apartments (7709 Ridgewood Avenue) - Violation of Florida Statute 205, Local Occupational Taxes and Section 721 05 , License Required, Payment of Tax Prerequisite to Issuance , and Section 721 11 , unlawful to Engage in Business etc Without License Ms Hutcherson reported that this case was in compliance 7 Case No 92-19 The Canaveral Corporation, Parcel 269 , Section 14 Township 24 South, Range 37 East (South of 8901 North Atlantic Avenue) - Violation of Section 102 . 5, Unsafe Buildings or Systems of the Standard Housing Code as adopted by Chapter 611 of the Cape Canaveral Code of Ordinances , and Section 652 11, Property Exterior Maintenance Standards Established, Paragraph (A) and Section 652 15, Criteria for Building Appearance & Maintenance,_Commercial, Industrial and Residential , Paragraphs (D) and (H) Ms Hutcherson reported that a letter had been mailed on November 25 1991 advising the property owner that the building was in a state of disrepair and had not been occupied for approximately seven years She explained that Section 652 11 subparagraph (A) of the Cape Canaveral Code of Ordinances required that the exterior of the property be maintained in a clean sanitary and safe condition and that the structure be maintained in good repair and habitable Ms Hutcherson further reported that a Notice of Violation was sent by certified mail on February 21 1992 Discussion followed Mr Moeller moved as follows Findings of Fact The exterior of the building located South of 8901 North Atlantic Avenue was in a state of disrepair Conclusion of Law the Canaveral Corporation was in violation of Section 102 5 Unsafe Buildings or Systems of the Standard Housing Code as adopted by Chapter 611 of the Cape Canaveral Code of Ordinances and Section 652 ll (A) Property Exterior Maintenance Standards Established and Section 652 15 (D) (H) Criteria for buildinq Appearance & Maintenances Commercial Industrial and Residential of the Cape Canaveral Code of Ordinances Order the Canaveral Corporation shall comply with the aforementioned Sections on or before April 17 1992 by taking the following action Repair the exterior of the building in accordance with the Standard Building Code Upon complying the Canaveral Corporation 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 March 19 1992 Page 3 of 4 Should the Canaveral Corporation 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 (April 18 1992) and $50 00 for each and every day the violation exists and continues to exist Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $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 There being no further business the meeting was adjourned at 7 55 P M Approved this a.54rd day of He rL l 1992 Chairman Secretary Code Enforcement Board Regular Meeting March 19 1992 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 23 1992 A reaular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on April 23 1992 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 Georae Hutchinson Jean Porter-Gabler Leon Eldredge Alternate Members Absent Jeanne Benson Roy Moeller Marianne Sheffield Others Present Kevin Markey Assistant City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Susan Nelson Secretary Mr Okell moved to approve the minutes of March 19 1992 as submitted Ms Eldredae seconded the motion Motion carried unanimously It was noted that the next meetina would be held on May 21 1992 The City Attorney swore in Evelyn Hutcherson and Thomas Klevina Code Enforcement Officers and Rudolph Fecik a citizen COMPLIANCE HEARINGS 1 Case _No_ 92-03 Romaualad De_sJar_dins , Lot 11 03 Block 33 , Avon-by-the-Sea (438 _Polk Avenue) - Violation of Section_ 641 33 (B) _ Location _ of Recreational Vehicles , Camping Equipment Boats and Boat Trailers v Ms Hutcherson reported that this case was in compliance 2 Case No 92-15L JosePh F_ _Trappasso d b a_ Picovus Limited Management Group (401 Monroe Avenue Unit A-102) - Violation of Florida Statute 205 Local_Occ�;Rational _Taxes and Section 721 05 License gg wired, _P�kyment of Tax Prerequisite to Issuance , and Section 721 11_ Unlawful to Engage in Business etc Without License Ms Hutcherson reported that this case was in compliance 3 Case No 92-16 _Donald E Jacobs d b a_ Commercial Caulking Code Enforcement Board Regular Meeting April 23 1992 Page 1 of 5 3 Case No 92-16 Donald E Jacobs d b a Commercial Caulking &.-Coating (201 International Drive #201) - Violation of Florida Statute 205 Local- Occupational Taxes and Section 721 0_5License Required, P_yment of Tax Prerequisite _to Issuance and Section 721_11 , Unlawful to Engage in Business etc Without License Ms Hutcherson testified that the certified Notice of Violation had been returned unclaimed She requested that this case be tabled The Board members concurred 4 Case No 92-19 The Canaveral Corporation Parcel 269 Section 14 Township 24 South Range 37 East (South of 8901 North Atlantic Avenue) - Violation_ of Section 102 5 Unsafe Buildings or Systems of _the_ Standard Housing Code as adopted by Chapter 611 of the Cape Canaveral Code of Ordinances and Section 652 11 (A) Property Exterior Maintenance Standards Established and Section 652 15 (D) (H) Criteria for Building Appearance & Main_ten_ance. __Commercial Industrial _ and Residential Ms Hutcherson reported that this case was in compliance PUBLIC HEARINGS 1 Case No 92-20 Mae Arvensen Lot 3 Block 23 Avon-by-the-Sea (515 Madison Avenue) - Violation of _Secti.on 641 33 (B) (1), Location of Recreational Vehicles Camping Equipment, Boats and Boat Trailers Section 641 37 (A) Parking and Storaga of Certain Vehicles, and Section 652 11 , Pr9perty_ Exterior Maintenance Standards Established Ms Hutcherson testified that no effort had been made to bring the property into compliance with the exception of the boat being removed She submitted a written complaint from an adjacent property owner and photoaraphs of the property (Exhibit A) and a copy of the Notice of Violation (Exhibit B) The Board members reviewed the exhibits Discussion followed Mr Okell moved as follows Findings of Fact The vehicles which did not display a current license plate and which were not in operable condition were not removed from the property the motor home was not removed from the property and the exterior of the property was not maintained in a clean sanitary and safe condition Conclusion of Law Mae Arvensen was in violation of Sections 641 38 (B) (1) Location of Recreational Vehicles Camping Equipment Boats and Boat Trailers Section 641 37 (A) Parkinq and Storage of Certain Vehicles and Section 652 11 Property Exterior Maintenance Standards Established of the Cape Canaveral Code of Ordinances Order Mae Arvensen shall comply with the aforementioned Sections on or before May 14 1992 by taking the following action 1 Remove the motor home from the property 2 Removed the vehicles which do not display a current license plate and which are not in operable condition from the property 3 Maintain the exterior of the property in a clean sanitary and safe condition Code Enforcement Board Regular Meeting April 23 1992 Page 2 of 5 Upon complying Mae Arvensen shall notify Evelyn Hutcherson a City Official in writing She shall inspect the property and notify the Board of compliance Should Mae Arvensen fail to comply with the above order and the Code Enforcement Officer finds that she is still in violation then a fine shall be levied in the amount of 5250 00 for the first day (May 15 1992) 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 Hutchinson seconded the motion Motion carried unanimously 2 Case No 92-21 , Rudolph Fecik, Lot 63 Harbor Heights (226 Harbor Drive) - Violation of Section 4-14 Regulation of Animals , Paragraph 2 , of the Brevard_County Animal Control Act as adopted by Section 701 01 of the Cape Canaveral Code of Ordinances and Section 652 11 (C) , ProQerty i Exterior Maintenance Ms Hutcherson testified that a written complaint had been filed by an adiacent property owner reaardinq the smell of feces She had mailed a letter advising Mr Fecik that an inspection had revealed that the condition was not only a public nuisance but also could be considered a health hazard She had requested that the property be free of doq feces Ms Hutcherson explained that further inspections revealed that the property was cleared of feces Ms Hutcherson reported that this case was in compliance 3 Case No 92-22 Neil Warren Lot 8 01 Block 4 Cape Canaveral Beach Gardens , Unit 2 (8543 Rosalind Avenue) - Violation of Section 641 33 (B) (1) Location of Recreational Vehicles , Camping Equipment, Boats and Boat Trailers 4 Case No 92-23 Thomas DeTrevi.11e Lot 40 Harbor Heights Third Addition (374 Coral Drive) - Violation of Section 641 33 (B) (1) Location of Recreational Vehicles , Camping Equipment Boats and Boat Trailers Ms Hutcherson advised that the Mayor and City Council had plans to revisit Section 641 33 for possible changes She respectively requested that this case be tabled Mr Okell moved to table Case No 92-22 Neil Warren and Case No 92-23 Thomas DeTreville Ms Porter-Gabler seconded the motion Vote on the motion was a follows in favor Mr Eldredge Mr Hutchinson Mr Okell and Ms Porter-Gabler against Ms Russell Motion carried 5 Case No 92-24 Gerald Moores , Lot 8 , Block 42 , Avon-by-the- Sea (275 Tyler Avenue) - Violation of Section 641 37 (A) Parking and Storage of Certain Vehicles , Section 509 11 Numbers to be Posted Dimensions _and Section 652 13 (A) (2) Duties and Responsibilities of Maintenance Standards Established Mr Kleving reported that the vehicle had been removed and that the street address numbers were properly posted however tree limbs and branches remained to be trimmed and removed Discussion followed Code Enforcement Board Regular Meeting April 23 1992 Paqe 3 of 5 Ms Porter-Gabler moved as follows Findings of Fact Gerald Moores removed the vehicle properly posted the street address numbers on his residence and had removed numerous dead limbs and branches from trees Conclusion of Law Gerald Moores is in violation of Section 652 13 (A) (2) Duties and Responsibilities of Maintenance Standards Established of the Cape Canaveral Code of Ordinances Order Gerald Moores shall comply with the aforementioned Sections on or before May 14 1992 by taking the following action Continue to trim and remove all dead tree limbs and branches Upon complying Gerald Moores shall notify Thomas Klevi.ng a City Official in writing He shall inspect the property and notify the Board of compliance Should Gerald Moores 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 (April 23 1992) and $10 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 5100 00 per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson seconded the motion Motion carried unanimously 6 Case No 92-25 Sidney held Lots 1-5 and 11-15, Block 68 , Avon-by-the-Sea, (425 Buchanan Avenue) - Violation of Section 652 13 (A) (7) Duties and Responsibilities of Maintenance_ Standards Established, Section 703 03 , Public Nuisances Prohibited, Section 547 01 , Building Permit Fee Schedule,_ and Section 652 15 (D) , Criteria For Building Appearance and Maintenance Mr Kleving advised that Edwards Realty was the agent for the owner He explained that a copy of the Violation Notice dated April 7 1992 was mailed to Edwards Realty and that no effort had been made to bring the property into compliance Discussion followed Ms Porter-Gabler moved as follows Findings of Fact The property was littered with dead limbs and cuttings from trees several dead trees were still standing rotted window frames were in a state of disrepair hot water heater was changed without a building permit disconnect for A/C was installed without a building permit in Unit 3 and the exterior structure displayed signs of deterioration Conclusion of Law Sidney Held was in violation of Sections 652 13 (A) (7) Duties and Responsibilities of Maintenance Standards Established Section 703 3 Public Nuisances Prohibited Section 547 01 Buildinq Permit Fee Schedule and Section 652 15 (D) Criteria for Building Appearance and Maintenance Order That Sidney Held shall comply with the aforementioned Sections on or before May 14 1992 by taking the following action Code Enforcement Board Regular Meeting April 23 1992 Page 4 of 5 I Remove all dead limbs and branches from the property 2 Cut down remaining dead trees 3 Replace rotted window frames 4 Obtain necessary permits for unpermitted work 5 Brush scrape and repaint the residence at 425 Buchanan Avenue Upon complying Sidney Held shall notify Thomas Kleving a City Official in writing He shall inspect the property and notify the Board of compliance Should Sidney Held 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 (May 15 1992) 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 Discussion followed Motion carried unanimously There being no further business the meeting was adjourned at 8 30 P M Approved this _MCb-i day of _ _ � �� _ 1992 AAA, eio4� Chairman Secretary Code Enforcement Board Regular Meeting April 23 1992 Page 5 of 5 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MAY 21 1992 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on May 21 1992 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 George Hutchinson Jeanne Benson Roy Moeller Jean Porter-Gabler Members Absent Marianne Sheffield Others Present John Kancilia City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Kleving Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of April 23 1992 as submitted Ms Benson seconded the motion Motion carried unanimously It was noted that the next meeting would be held on June 18 1992 The City Attorney swore in Evelyn Hutcherson and Thomas Kleving Code Enforcement Officers Kelly Wages Paul Kozloff Hans Saurenmann Vincent Keenan and Patrick Lee citizens COMPLIANCE HEARINGS 1 Case No 92-02 Hans K Saurenmann, President, Canaveral Bay Condominium Association Inc (200 International Drive) - Violation of Chapter 657 Tree Protection and Land Clearing Ms Hutcherson testified that the fine imposed for the unauthorized tree removal had not been paid She explained that Mr Saurenmann had appeared before the City Council and that Council had referred the matter to the City Attorney for advisement Mr John Kancilia City Attorney advised that the fine had been partially paid and that the City Council had instructed him to review the code to determine what if anything could be done Discussion followed Mr Kancilia requested that this case be tabled until the regularly scheduled July meeting Mr Okell moved to table Case No 92-02 until the regular scheduled meeting in July Mr Hutchinson seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting May 21 1992 Page 1 of 4 2 Case No 92-20 , Mae Arvensen Lot 3 , Block 23 , Avon-by-the- Sea (515 Madison Avenue) - Violation of Section 641 33 (B) (1) , Location of Recreational Vehicles Camping Equipment, Boats and Boat Trailers , Section 641 37 (A) , Parking and Storage of Certain Vehicles, and Section 652 11 , Property Exterior Maintenance Standards Established Ms Hutcherson testified that this case was in compliance She requested that the fine imposed in the amount of $250 00 per day beginning on May 15 1992 be waived Mr Hutchinson moved in Case No 92-20 Mae Arvensen that the imposed fine beginning on May 15 1992 be waived since this case was found in compliance Ms Benson seconded the motion Motion carried unanimously 3 Case No 92-24 Gerald Moores Lot 8 , Block 42 , Avon-by-the- Sea, (275 Tyler Avenue) - Violation of Section 641 37 (A) , Parking and Storage of Certain Vehicles Section 509 11 Numbers to be Posted Dimensions _and Section 652 13 (A) (2) , Duties and Responsibilities of Maintenance Standards Established Mr Kleving Code Enforcement Officer testified that this case was in compliance 4 Case No 92-25 Sidney Held Lots 1-5 and 11-15 Block 68 Avon-by-the-Sea, (425 Buchanan Avenue) - Violation of Section 652 13 (A) (7) , Duties and Responsibilities of Maintenance Standards Established, Section703_ 0_3 , Public Nuisances Prohibited Section 547 01 , Building Permit Fee Schedule, and Section 652 15 (D) Criteria _for Building Appearance_ and Maintenance Mr Kleving Code Enforcement Officer testified that satisfactory progress was being made however this case was not in complete compliance He respectively requested that the compliance date be extended and the imposed fine beginning on May 15 1992 be extended until June 18 1992 Ms Porter-Gabler moved in Case No 92-25 Sidney Held that the compliance date be extended until June 18 1992 and that the imposed fine beginning on May 15 1992 be extended until June 18 1992 Mr Hutchinson seconded the motion Motion carried unanimously PUBLIC HEARINGS 1 Case No 92-26 , Anastas A Baadjieff , Lot 48 , Harbor Heights , Second Addition, (342 Coral Drive) _- Violation of Section 711 02 (F) Enumeration of Prohibited Noises Ms Hutcherson reported that she had been advised by Mr Kozloff s father that the dogs were being kept inside and were not a problem at this time She noted that she had not observed the dogs barking Mr Kozloff complainant concurred that the dogs were not a problem at this time He stated that the two dogs belonging to Mr Baadjieff had barked excessively which was most disturbing to him and his family He asked what should be done if the problem should reoccur Discussion followed Chairman Russell suggested that the next time this is observed Mr Kozloff should phone the Sheriffs Department immediately and notify the Code Enforcement Officer during business hours Code Enforcement Board Regular Meeting May 21 1992 Page 2 of 4 Ms Hutcherson Code Enforcement Officer testified that this case was in compliance 2 Case No 92-27 Vincent and Lorraine M Keenan Lot 6 Block 36 , Avon-by-the-Sea, (119-121 Harrison Avenue) - Violation of Section 304 , Minimum Requirements for Electrical Systems , Section 305 3 Roofs Section 305 8 Windows Section 305 11 Exterior Doors and Section 305 13 Screens of the Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances and Section 652 11 , Property Exterior_ Maintenance Standards Established Mr Kleving Code Enforcement Officer testified that the only progress made to bring the property into compliance was the replacement of one door Mr Moeller moved as follows Findings of Fact The fuse boxes near the electric service were loose from the wall portions of the roof were in a state of deterioration window pane was broken on west side of duplex door on east side (121 Harrison Avenue) was replaced however without hardware and not painted several screens for windows were damaged or missing and the exterior of the property was not being maintained Conclusion of Law Vincent and Lorraine Keenan were found in Violation of Section 304 Minimum Requirements for Electrical Systems 305 3 Roofs 305 8 Windows to be Glazed 305 11 Exterior Doors 305 13 Screens and Section 652 11 Property Exterior Maintenance Standards Established of the Cape Canaveral Code of Ordinances Order Vincent and Lorraine Keenan shall comply with the aforementioned Sections on or before June 11 1992 by taking the following action 1 Secure electrical boxes to exterior west wall 2 Have licensed roofer obtain a permit to make necessary repairs to roof system to be inspected after replacement of all rotten wood prior to dry-in 3 Replace broken or cracked window panes 4 Install hardware and paint new door on east side of duplex (121 Harrison Avenue) 5 Repair or replace all screens as needed 6 Maintain exterior of property in a clean sanitary and safe condition Upon complying Vincent and Lorraine Keenan shall notify Thomas Kleving a City Official in writing He shall inspect the property and notify the Board of compliance Should Vincent and Lorraine Keenan 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 (June 12 1992) and $50 00 for each and every day the violation exists and continues to exist Ms Porter-Gabler seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting May 21 1992 Page 3 of 4 3 Case No 92-28 , Patrick Lee , Parcel 19 Section 14 , Township 24 South, Range 37 East (East of Ridgewood Avenue, Harbor Heights Subdivision) - Violation of Section 645 03 , Buildin Permits Required Ms Hutcherson testified that Mr Lee had applied for an after-the- fact building permit for the fence on January 20 1992 She stated that Mr Morgan Building Official had contacted Neil Rogers Department of Natural Resources (DNR) to determine if a permit would be required from DNR Mr Rogers stated that DNR would not issue an after-the-fact permit unless a written complaint was filed with DNR She added that Mr Morgan had rejected the permit application based on this information and had advised Mr Lee of his findings Ms Hutcherson explained that Mr Morgan had been instructed by Mr Edward Spenik City Manager to refer this matter to the Code Enforcement Board for necessary action She noted that no written complaint had been filed with the City or DNR Mr Patrick Lee property owner testified that he had met the City Manager on the property to discuss the problem of the general public trespassing on his property and his liability He stated that Mr Spenik had advised him to go ahead and install the fence Mr Lee further testified that the fence was installed on January 18 1992 and confirmed that he had applied for an after-the-fact permit on January 20 1992 He noted that the City had refected his request for a permit due to the fact that a permit from DNR had not been issued Discussion followed Mr Lee stated that he was in the process of filing an application with DNR to develop the property He was not certain when the necessary paperwork would be completed for submission to DNR Discussion followed Mr Okell moved that in Case No 92-28 Patrick Lee to allow Mr Lee 90 days to submit an application to the Department of Natural Resources for the development of the fence which is located East of the construction control line and to postpone this case until the DNR permit is issued Mr Hutchinson seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at 9 00 P M Approved this 18 ` day ofdune- 1992 L C firman Secretary Code Enforcement Bdard Regular Meeting May 21 1992 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 18 1992 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on June 18 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Vice Chairman Okell called the meeting to order at 7 30 P M The Secretary called the roll Members Present James Okell Vice Chairman Georqe Hutchinson Jeanne Benson Roy Moeller Marianne Sheffield Carol Warner 1st Alternate Members Absent Mary Russell Chairman Jean Porter-Gabler Others Present Kevin Markey Assistant City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Klevinq Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of May 21 1992 as submitted Mr Moeller seconded the motion Motion carried unanimously It was noted that the next meeting would be held on July 23 1992 The City Attorney swore in Evelyn Hutcherson and Thomas Klevina Code Enforcement Officers COMPLIANCE HEARINGS 1 Case No 92-25 _Sidney Held, Lots 1-5 and 11-15 Block 68 Avon-by-the-Sea (425 Buchanan Avenue) - Violation of Section 652 13 (A) (7 ) Duties and Responsibilities of Maintenance Standards Established_,_ Section 703 03L_ Public- Nuisances Prohibited, Section 547 01 Buildin _Permit Fee Schedule, and Section 652 15 ( 5) _Criteria for Building Appearance and Maintenance Mr Kleving Code Enforcement Officer testified that satisfactory progress had been made however this case was not in complete compliance because there were piles of twigs remaining to be removed He respectively requested that the compliance date be extended and the imposed fine beginning on May 15 1992 extended until June 18 1992 be extended again until July 16 1992 Discussion followed Code Enforcement Board Regular Meeting June 18 1992 Page 1 of 3 Mr Moeller moved that Case No 92-25 Sidney Held was not in compliance with the Board Order of May 21 1992 and that the compliance date be extended until July 16 1992 to allow the owner additional time to remove the remaininct piles of twigs Mr Hutchinson seconded the motion Discussion followed Mr Hutchinson moved to amend the motion to state that the imposed fine beginninq on June 18 1992 be extended until July 16 1992 Ms Sheffield seconded the amendment The Secretary called the role Vote on the main motion and the amendment was unanimous Discussion followed The Secretary called the role again as requested by Vice Chairman Okell The vote was unanimous 2 Case No 92-27 Vincent & Lorraine M Keenan Lot 6 Block 36 Avon-by-the-Sea (119-121 Harrison Avenue) - Violation of Section 304 , Minimum Requirements for Electrical Systems, Section 305 22 Exterior Doors , and Section 305 13 , Screens of the Standard Housing Code as a_d_opted by Chapter 619 of the Cape Canaveral Code of Ordinances_ and Section 652_ 11 Property Exterior Maintenance Standards Established Mr Klevina Code Enforcement Officer testified that this case was not in compliance He advised that the electrical boxes remained to be fastened and that the facia board needed to be painted He respectively requested that the compliance date and the imposed fine beginninq on June 12 1992 be extended Discussion followed Mr Hutchinson moved that Case No 92-27 Vincent & Lorraine M Keenan were not in compliance with the Board Order of May 21 1992 that the compliance date be extended until July 16 1992 and that the imposed fine beginning on June 12 1992 be extended until July 16 1992 Ms Sheffield seconded the motion Discussion followed Mr Hutchinson amended the motion to state that the extensions were granted to allow the owners additional time to hook-up the electrical boxes and paint the wooden door Ms Sheffield seconded the amendment The Secretary called the role Vote on the main motion and the amendment was unanimous Discussion followed The Secretary called the role again as requested by Vice Chairman Okell The vote was unanimous PUBLIC HEARINGS 1 Case No 92-29 Carl R Swisher, Lot 16 , Block 36 Avon-by- the-Sea, (7603 Poinsetta Avenue) - Violation of Section 641 37 (A) Parking and Storage of Certain Vehicles , of_the Cape Canaveral Code of_Ordinances Mr Kleving Building Inspector testified that he had requested the vehicle owner provide proof of insurance The insurance coverage was not provided He reported that this case was not in compliance Discussion followed Ms Benson moved as follows Findings of Fact_ Proof of vehicle insurance was not provided as requested Conclusion of Law_ Carl R Swisher was found in violation of Section 641 37 (A) Parking and Storage of Certain Vehicles of the Cape Canaveral Code of Ordinances Order Carl R Swisher shall comply with the aforementioned Section on or before July 16 1992 by taking the following action Code Enforcement Board Regular Meeting June 18 1992 Page 2 of 3 1 Provide proof of vehicle insurance 2 Move the vehicle if necessary Upon complying Carl R Swisher shall notify a City Official in writing whom shall inspect the property and notify the Board of compliance Should Carl R Swisher fail to comply with the above order and the Code Enforcement Officer finds that he is still in violation then a fine shall be levied in the amount of two hundred and fifty dollars ($250 00) for the first day (July 16 1992) and fifty dollars ($50 00) for each and every day the violation exists and continues to exist at 7603 Poinsetta Avenue Should the violation reoccur upon notification by the Code Enforcement Officer a fine of two hundred and fifty dollars ($250 00) per day shall be imposed for each and every day the violation continues to exist Mr Hutchinson seconded the motion The Secretary called the role The motion carried unanimously Discussion followed The Secretary called the role again as requested by Vice Chairman Okell The vote was unanimous There being no further business the meeting was adjourned at 8 00 P M Approved this _��rcl day of �Ct _i__ 1992 n ` � Chair m Secretary Code Enforcement Board Regular Meeting June 18 1992 Paqe 3 of 3 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JULY 23 1992 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral Florida was held on July 23 1992 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 Georae Hutchinson Roy Moeller Marianne Sheffield Carol Warner 1st Alternate Thomas Beasley 2nd Alternate Members Absent James Okell Vice Chairman Jeanne Benson Jean Porter-Gabler Others Present Kevin Markey Assistant City Attorney Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to approve the minutes of June 18 1992 as submitted Ms Sheffield seconded the motion Motion carried unanimously It was noted that the next meeti.na would be held on Auaust 20 1992 The City Attorney swore in Evelyn Hutcherson Code Enforcement Officer COMPLIANCE HEARINGS 1 Case No 92-02 Hans Saurenmann, President , Canaveral Bay Condominium Association Inc Parcels _297-297 9 Phase I1 Parcels 298-2_99 1 _Phase II Parcel 299 2 , Phase III, Parcels 300 4-3_01 5 Phase_IVL Parcels 301 _6-30_2 5� Phase V, Parcels 306-3_06_1_, Phase VI Parcels 28_3_ A_-283 R_ Phase VII _and Parcels 306 J-307 _Phase XI_,_Canaveral Bay_ Condominiums Sections 22 and 23 Township 24 South, Range 37 East (200 International Drive) Violation_ of C_hapter_ 657 Tree Protection and Land Clearing Ms Hutcherson Code Enforcement Officer testified that she had received a letter from Mr Saurenmann addressed to Mr Spenik advisina that he would be out of town until the first week in August Ms Hutcherson requested that this case be postponed until the next scheduled meeting Discussion followed Code Enforcement Board Regular Meeting July 23 1992 Page 1 of 4 Ms Sheffield moved to postpone Case No 92-02 until August 20 1992 Mr Hutchinson seconded the motion Motion carried unanimously 2 Case No 92-25 , Sidney Held, _Lots 1-5 and 11-15 , Block 68 , Avon-by-the-Sea (425_ Buchanan Avenue) - Violation of Section 652 13 (a) (7) Duties and Responsibilities of Maintenance Standards -- Established _Section 7_03 03 Public Nuisances Prohibited, Section 547_ g Pemit 01 , BuildinrFee Schedule, an_d Section 652_15 (d) Criteria_ for_ Building Appeara_n_ce _and Maintenance Ms Hutcherson reported that this case was in compliance 3 Case No 92-27 Vincent & Lorraine M Keenan_, Lot 6 , Block 36 Avon-by-the-Sea (119-121 Harrison_Avenue) - Violation of Section 304 , Minimum Requirements_ for _Electrical Systems, Section 305 11 Exterior Doors , and Section 305 13 , Screens , of the Standard Housing Code as adopted_ bT Chapter_619 of the Cape Canaveral_Code of Ordinances and Section_ 6_52_ 11 _ Property Exterior Maintenance Standards Established Ms Hutcherson testified that Mr Keenan had made the electrical repairs and replaced a considerable amount of wood on the buildincq Mr Keenan had asked that the Board consider granting another time extension because he was in the process of painting the entire exterior of the buildina Ms Hutcherson respectively requested that the Board grant Mr Keenan another time extension until August 20 1992 and waive the fine imposed beginning on July 16 1992 Mr Moeller moved that Case No 92-27 Vincent & Lorraine M Keenan be qranted another time extension until August 20 1992 and waive the fine imposed beginning on July 16 1992 Ms Sheffield seconded the motion Motion carried unanimously 4 Case No 92-29 Carl R Swisher,_Lot 16 Block 36 , Avon-b- the-Sea (7_603 Poinse_tta Avenue) - Violation of Section 641 37 (A) Parkin and Storage_of Certain Vehicles Ms Hutcherson reported that this case was in compliance PUBLIC HEARINGS 1 Case No 92-30 Kishor and_Rachna K Pathare Lot 7 , Keyshore Townhomes , Section 14 Township_24 _South, _Ranee _37 East_ (299 G Chandler�Street) Violation of Sections 302 1 Sanitary Facilities 3_02 6 Kitchen Facilities 304 ,_Minimum Requirements for Electrical Systems , 305 12 , Exterior Door Frames and Section _30_5 20 _In_terior Doors_ of the 1988 Standard Housing Code as adopted by Chapter_ 619 of the Cape Canaveral Code of Ordinances Ms Hutcherson explained that a former tenant in Unit G had filed a written complaint the owner had been cited for numerous defects in the unit the owner had assured her that most of the items had been corrected and that the current tenant had a death in the family and was out of town therefore no inspection of the unit could be made Ms Hutcherson respectively requested that this case be postponed until August 20 1992 Mr Hutchinson moved to postpone Case No 92-30 until August 20 1992 Ms Sheffield seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting July 23 1992 Page 2 of 4 2 Case No 92-31 Ida A Bruss , Lot 1 01 , Block 4 , Cape Canaveral Beach Gardens , Unit 2 , Section 14 , Township 24 South, Range 37 East (8201 Canaveral Boulevard) - Violation of Section 652 11 Property Exterior Maintenance Standards Established, Paragraph C, Section 652 12 Duties and Responsibilities of Maintenance Standards Established Paragraph A, Section 6_41_ 23 Accessory Structures , Section 641 25 , Visibility at Intersections , and Section_645 03 , Building Permits Required Ms Hutcherson testified that the overgrown yard had been mowed and that a canopy had been installed over the parking area without a permit which obstructed visibility at an intersection She submitted the Notice of Violation (Exhibit 1) and photographs of the canopy (Exhibit 2) The Board members reviewed the exhibits Discussion followed Mr Moeller moved as follows Findings of Fact An accessory structure was erected in the front yard which obstructed visibility at an intersection Conclusion of Law Ida Bruss was found in violation of Sections 641 23 Accessory Structures and 641 25 Visibility at Intersections of the Cape Canaveral Code of ordinances Order Ida Bruss shall comply with the aforementioned Sections on or before August 13 1992 by removing the accessory structure Upon complying Ida Bruss shall notify Evelyn Hutcherson a City official in writing she shall inspect the property and notify the Board of compliance Should Ida Bruss fail to comply with the above order and the Code Enforcement Officer finds that she is still in violation then a fine shall be levied in the amount of $25 00 for the first day (August 14 1992) and $10 00 for each and every day the violation exists and continues to exist at 8201 Canaveral Boulevard Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $200 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 92-32 Michael Notary, Lots 1 , 2 and 3 Block 65, Section 23 , Town_sh_jp_24 South Range 37 East (7090 North Atlantic Avenue) - Violation of S_ec_ti.on_ 652_11 _ Property Exterior Maintenance Standards Established Ms Hutcherson submitted a letter dated February 21 1992 advising Mr Notary to remove the debris and abandoned sign from behind the building (Exhibit 1) Notice of Violation dated July 1 1992 (Exhibit 2) and photographs of the debris and scan (Exhibit 3) Ms Hutcherson testified that Mr Notary had made no attempt to clean up the property The Board members reviewed the exhibits Discussion followed Mr Hutchinson moved as follows Findings of Fact There was an excessive accumulation of building materials an abandoned sign and other debris stored behind the building Code Enforcement Board Regular Meetinct July 23 1992 Page 3 of 4 Conclusion of Law Michael Notary was in violation of Sections 652 11 Property Exterior Maintenance Standards Established of the Cape Canaveral Code of Ordinances Order Michael Notary shall comply with the aforementioned Section on or before August 13 1992 by taking the following action 1 Remove and dispose of properly all building materials abandoned sign and other debris from the rear of the building 2 Maintain exterior of the property in a clean sanitary and safe condition Upon complying Michael Notary shall notify Evelyn Hutcherson a City official in writing She shall inspect the property and notify the Board of compliance Should Michael Notary 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 (August 14 1992) and $50 00 for each and every day the violation exists and continues to exist Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $200 00 per day shall be imposed for each and every day to violation continues to exist Ms Sheffield seconded the motion Motion carried unanimously There beinct no further business the meeting was adjourned at 8 07 P M Approved this a-0-lh day of _ ` u _ 1992 �, Chairman Secretary Code Enforcement Board Regular Meeting July 23 1992 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING AUGTTST 20 1982 A reaular meetina of the Code Enforcement Board of the City of Cape Canaveral Florida was held on Auaust 20 19x2 at the Citv Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairman Pussell called the meetina to order at 7 30 P M The Secretary called the roll MEMBERS PRESENT Mary Russell Chairman James Okel-L Vice Chairman Georae Hutchinson Jeanne Benson Jean Porter-Gabler Rod Moeller Carol Warner 1st Alternate Thomas Beaslev 2nd Alternate (entered after roll call ) MEMBERS eBSENT Marianne Sheffield OTHERS PRESENT Joy Salamone Mavor Andv Kedzierski Council Member Edward Spenik City Manaaer James Moraan Buildina Official John Karcili.a City -ittornev E7elvn Hutcherson Code Enforcement Officer Thomas Klevina Code Enforcement Officer Susan Nelson Secretary Mr Hutchinson moved to appro ie the minutes of July 23 1992 as submitted Ms Warner seconded the motion Motion carried unanimously It was noted that the next meetina would be held on September 17 1992 The Citv Attorney swore in Evelvn Hutcherson and Thomas Klevina Code Enforcement Officers and the followina citizens Norma Revnolds Charles Stenalein RLssell Lloyd Kans Saurenmann Charles Pindziak Robert Abbott James Moraan and Kishor Pathare COMPLIANCE HEARINGS 1 Case No 92-02 Hans Saurenmann President Canaveral Ba Condominium Association Inc Parcels 297-297 9 Phase I Parcels 298-29Q 1 Phase II Parcel 299 2 Phase III Parcels 300 4-301 5 Phase IV Parcels 301 6-302 5 Pnase V Parcels 306-306 1 Phase VI Parcels -83 A-283 R Phase VII and Parcels 306 J-307 Phase XI Canaveral Bay Condo-iniums Sections 22 and 23 Townshir) 24 South Ranae 37 East (200 Internatiorai Drive) - Violation of Chatter 657 Tree Protection ara Land Clearing Code Enforcement Beard Keaular Meeting Auaust 20 1992 Paas 1 of 8 P The Board members reviewed the contents of a letter fro-i Mr Kancilia City Attorney reaardina a request for relief made to the City Council by Mr Saurenmann on behalf of the Canaveral Bay Condominium Association of a five thousand dollar fine levied upon the Association by the Code Enforcement Board on Fenruary 2b 1992 It was Mr Kancilia s leaal opinion that the only remedy that the Association rad was to seek a reduction of the fine by request to the Code Enforcenent Board Mr Kancilia advised that the Code Enforcement Board may reduce a fine ir,Dosed pursuant to Section 162 09 (2 ) (C) of the Cape Canaveral Code of Ordinances Discussion folloc,ed Mr Paul Wean Attorney representing Canaveral Bav Condominium Association cave a history of the case and presented a detailed analysis of the reasons why the Association in his legal opinion was treated unfairly He advised that the Association had paid S2 000 dollars of the $5 000 aollar imposed fine and respectively reauested that the fine be reduced since it was substantially larger than anv other previoLs violator Discussion followed Mr Hutchinson stated for the record that he had felt that the imposed fine was quite excessive at the time it was imposed by the Code Enforcement Board Discussion was held reaardina an aareement between the two land owners to replace the trees After discussion it was the consensus of the Board members to continue this case at the next scheduled meetina Mr Wean aareed to present the Board with an aareement which he hoped would be acceptable to evervone involved in this case Mr Hutchinson -roved to continue Case No 92-02 at the next scheduled meeting and reauestea that the Canaveral Bav Condominium Association provide the necessary data to meet an acceptable aareenent at that time Mr Okell seconded the motion Motion carried unanimously 2 Case_No 92-27 Vincent & Lorraine M Keenan Lot 6 Block 36 Avon by the Sea (119-121 Harrison Avenue) - Violation of Section 304 Mini-num Reauirements for Electrical Systems Section 305 11 Exterior Doors and Section 305 13 Screens of the Standard Housina Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances and Section 652 11 Property Exterior Maintenance Standards Established Mr Klevina reported that this case was in compliance 3 Case No 92-31 Ida A Bruss Lot 1 01 Block 4 Cape Canaveral Beach Gardens Unit 2 Section 14 Township 24 South Ranae 37 East ( 8_201 Canaveral Boulevard) - Violation of Section 652 11 (C) Property exter-or Maintenance Standards Established_ Section 652 12 tA1_ Duties and Responsibilities of Maintenance Standards Established Section 641 23 Accessory Structures_ Section 641 25 Visibility at Intersections and Section 645 03 Building Permits Required Ms Hutcherson reported that tnis case was not in compliance She e-plained that Ms Bruss is elderly and that she was out of town Ms Hutcherson testified that Ms Bruss did not receive the Board Order until Auaust 5 1992 She respectively rectuested that the imposed fine be waived until Ms Bruss returned to the City Discussion followed Code Enforcement Board Reaular Meetina Auaust 20 1992 Paae 2 of 8 Mr Hutchinson moved to hold the imposed fine beainnina on August 13 1992 in abeyance until Ms Bruss returned to the City not to exceed the reaularly scheduled meetina in November 1992 Ms Benson seconded the motion Discussion followed Mr Hutchinson amended the original motion to include that Case No 92-31 ne tabled until the reaularly scheduled November 1992 -neetina Ms Benson seconded the amendment Vote on the amendment and oriainal motion were unanimous 4 Case No 92-32 Michael Notary Lots 1_ 2 and 3 _Block 65 Section 23 Township 24 South Range 37 East (7090 North Atlantic Avenue) - liolation of Section 652 11 Property Exterior Maintenance Standards Established Ms Hutcherson reported that this case was in compliance PUBLIC HEARINGS 1 Case No 92-30 Kishor and Pachna_K Pathare Lot 7 Keyshore To_wnh_omes Section 14 Township 24 South Range 37 East (299G Chandler Street) - Violation of Sections 302 1 Sanitary Facilities 302 6 Kitchen Facilities 304 Minimum Requirements for Electrical Systems,_ and _Section 305 12 Exterior Doors_ of the 1988 Standard Housing Code as adopted by_Chavter b19 of the_Cape Canaveral Code of Ordinances Mr Klevina testified that Mr Pathare had informed him that every item had been corrected with the exception of the stove replacement He advised that since no inspection of the unit was made this case was not in compliance Discussion followed Mr Pathare reiterated that all the violations were corrected with the exception of the stove He advised that an inspection of the stove revealed that the pilot liaht stayed on due to the wirina system He was advised by his technician that the stove did not need to be replaced Based on the testimony Given by Mr Klevina Code Enforcement Officer Mr Okell moved as follows Findings of Fact The handle for upstairs toilet was broken off a burner on the stove would not shut off the refrigerator did not work several cover plates were missing from electrical boxes an exterior door needed a new weatherstrip slidina screen doors were all off their tracks and the upstairs closet door %ould not close Conclusion of Law Kishor and Rachna K Pathare were in violation of Sections 302 1 Sanitary Facilities 302 6 Kitchen Facilities 304 Minimum Requirements for Electrical Systems 305 12 Exterior Door Frames and 305 20 Interior Doors of the 1988 Standard Housina Code as adopted by the City of Cape Canaveral Code of Ordinances Order That Kishor and Rachna K Pathare shall comply with the aforementioned Sections on or before September 15 1992 by takina the following action 1 Install new handle on toilet 2 Repair or replace the stove 3 Repair or replace the refrigerator 4 Instail plates on electrical boxes as needed Code Enforcement Board Reaular Meeting Auaust 20 1992 Paae 3 of 8 5 Replace old weatherstrip on front door 6 Repair or replace screen sliders 7 Repair or replace closet door Upon complying Kishor and Rachna K Pathare shall notify a City Official in writina whom shall inspect the property and notify the Board of compliance Should Kishor and Rachna K Pathare fall to complv with the above Order and the Code Enforcement Officer finds that they ar= still in violation then a fine shall be levied in the amount of 5200 00 for the first day (September 16 1992) and two hundred dollars $200 00 for each and every day the violation exists ana continues to exist at 299G Chandler street Should the violation reoccur upon notification by the Code Enforcement Officer a fine of $200 00 per day shall be imposed for teach and every day the violation continues to exist Mr Hutchi-ison seconded the motion Motion carriea unanimously 2 Case No 92-33_ Development Design Engineering_ Inc __ K_l_shor and_Rachna K _Pathare Lots 1-8 Keyshore TownhomesSe_ction 14 Township 24 South Range 37 East (299 A - H Chandler Street) - Violation of Section 652 11 (C)_ Exterior xterior Maintenance Standards Established Section 652 13 (B) (1) Duties and Responsibilities of Maintenance Standards Established_ and Section 652 15 Criteria for Building Appearance and Maintenance Mr Klevina testified that a considerable amount of progress was being made However this case was not in compliance Mr Klevinq respectively reauested that this case be tabled until September 17 1992 Mr Okell moved as follows Findings of Fact Fencina was in a state of disrepair garbage receptacles and recycling bins were not being used awnina canvas was rotted off leaving only awning frame and exterior of buildlna was not painted Conc_lus_i_on_ of Law Development Desian Enaineerinq Inc Kishor and Rachna K Pathare were in violation of Sections 652 11 (C) Property Exterior Maintenance Standards Established 652 13 (B) (1) Duties and Responsibilities of Maintenance Standards Established and 652 15 (D) Criteria for Buildinq Appearance and Maintenance Commercial Industrial and Residential of the ape Canaveral Code of Ordinances Order That Kishor and Rachna K Pathare shall comply with the aforementioned Sections on or before September 15 1992 by takina the following action 1 Repair fencing as needed 2 Furnish tenants %ith aarbaae receptacles and ensure that tenants have recycling bins 3 Either replace missing awnira canvas or remove awning frames 4 Paint exterior of buildlna Code Enforcement Board Reaular Meeting Auaust 20 1992 Page 4 of 8 Upon complyina Development Design Enaineerina Inc Kishor and Rachna K Pathare shall notify a City Official in writing whom shall inspect the property and notify the Board of compliance Should Development Desian Enaineerina Inc Kishor and Rachra K Pathare 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 $200 00 for the first day (September 16 1992) and $200 00 for each and every day the violation exists and continues to exist at 299 A-H Chandler Street Should the jiolation reoccur upon notification by the Code Enforcement Officer a fine of 5200 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 3 Case No 92-34 Robert Abbott Lot 15__Block 28 Avon by the Sea_ (414 Jackson Avenue) - Violation of Section_ 641 61 (A) (D) (G) Earth Station Antenna Regulations Mr Klevina Code Enforcement Officer advised that the legal description in the Notice of Violation was incorrect Mr Abbott waived the irreau_arity in the leaal description and consented to proceed Mr Kleving testified that no permit was issued for the satellite dish and noted that the dish was presently 21 feet high Mr Abbott testified that the satellite earth station antenna had been installed in 1984 when no building permit was required He read portions of City Council minutes which pertained to the adoption of Section 641 61 of the Cape Canaveral Zoning Regulations Mr Abbott disagreed with the recommendations to comply with the cited violation and explained his reasons for disacrreeina He submitted photoaraphs of the satellite dish as (Exhibit 1) He testified that the dish was removed for maintenance and re-installed four vears later He submitted a copy of the Federal Communication Commission Code of Federal Regulations and Case Law as (Exhibit 2) The Board members reviewed the exhibits Discussion followed Mr Kancilia City Attorney reauested that this case be continued at the next scheduled meeting in order to allow legal council time to examine the submitted FCC exhibits and review the arandfatherina provisions of the City ordinance Ms Warner moved to continue Case No 92-34 on September 17 1992 Mr Hutchinson seconded the motion Motion carried unanimously 4 Case No 92-35 NPI Foods_ Inc Parcel 778 Section 15 Township 24 South Range 37 East ( 8699 Astronaut Boulevard) - Violation or Section 652 11 (C) Property Exterior Maintenance Standards Established Section 652 13 (A) (7 ) Duties and Responsibilities of Maintenance Standards Established and Section 652 15 (H) _Criteria For Building Appearance Maintenance Commercial Industrial and Residential Ms Hutcherson testified that the certified Notice of Violation had been returned unclaiTed She requested that this case be tabled until the next meeting Mr Warner moved to table Case No 92-35 until September 17 1992 Mr Okell seconded the motion Motion carried unanimously Code Enforcement Board Reaular Meeting auaust 20 1992 Page 5 of 8 5 Case No 92-36 Virginia Eberwein Lot 1 Block 16_ Avon bar the Sea Section 23 _Township 24 South,-Range 37 East _( 8012- 8018 _Magnolia _Avenue)- - Violation of Section 641 37 (A) Parking and Storage of_Certain Vehicles and Section 652_ 11 (C) Property_Extersor Maintenance Standards Established Ms Hutcherson testified that the certified Notice of Violation had been returned unclaimed She requested that this case be tabled until the next meeting Mr Hutchinson moved to table Case No 92-36 until September 17 1992 Mr Okell seconded the motion Motion carried unanimously 6 Case No 92-37 Ronald Benedetti Lots 3-_5__Block 9 Avon by the Sea _(307 Adams Avenue) - Violation of Section E1091__5 Abandoned Facilities of_the Standard Plumbing Code as adopted by Chapter 613 of the Cape Canaveral Code of Ordinances Ms Hutcherson testified that the certified receipt had not been returned She requested tnat this case be tabled until the next meeting Ms Benson moved to table Case No 92-37 until Septemner 17 1992 Ms Porter-Gabler seconded the motion Motion carried unanimously 7 Case No 92-38 Ocean Woods Homeowners Association_ In_c Ocean Woods Stage 10C Section 14 Township 24 South Ranke 37 East_ (Bay Court and Common Grounds ) - Violation of Code Enforcement Board Order in Case No 86-54 Dated-February 5 1987 _ -- Ms Hutcherson testified that she nad received a verbal complaint from Dr Pindziak reaardina a possible violation of a previous Code Enforcement Board Order that had required Ocean Woods Homeowners Association to restore the buffer zone at the end of Bay Court Ms Hutcherson submitted the complete Case File No 86-54 as (Exhibit A) She submitted the meeting minutes pertainina to the case as (Exhibit B) Ms Hutcherson testified that she had hand delivered a Notice of Violation to Norma Reynolds Manaqer of Ocean Woods She had explained to Ms Reynolds that Ocean Woods was in violation of a previous Code Enforcement Board Order and requested that the corrective action ne completed by Auqust 19 1992 She submitted the Notice of Violation as (Exhibit C) She explained that in 1986 she had inspected the area and found that the buffer zone had been restored and replanted However after reviewing the case file and making a visual inspection it was noted that foliage had been removed and that vehicles were parking in the same buffer zone area that had been previously restored Mr Hutchinson announced that he lived in Ocean Woods on Bay Court and since there was no financial involvement in this case he chose not to abstain from votina Mr Kancilia City Attorney informed the Board members that they must make a findinq of the Board Order entered in 1986 It was noted that there was no fine established in the oriainal Order Mr Kancilia swore in Russell Lloyd an owner of Ocean Woods and present Chairman of the Board of Adjustments Mr Lloyd gave a brief history of the development of Ocean Woods He explained that a stipulation had been placed on the granted Special Exception which required that there be two parking spaces per unit provided by the developer the developer had been approvea to provide some of the parking at the recreation buildina Bay Court and Live Oak Court were the last two staaes of development the developer did not provide adequate parking on those two Courts in an effort to provide some relief to the residents on Bay Court the developer Code Enforcement Board Regular Meeting August 20 1992 Paqe 6 of 8 has stabilized and paved a portion of the south buffer zone Ocean Woods had becr cited in violation the developer had removed the paving and stabilization from that area there was an attempt to replant the area however some of the ulantlnas died and that no effort by the Homeowners Association was made to replace the stabilization or the paving Mr Lloyd stated that it was the Ocean Woods Homeowners Associations interpretation that they were not in violation of the Code Enforcement Board Order and noted that the residents attempted to maintain the area as close to a natural state as possible with arass and/or mulch Discussion followed Mr Stenglein an owner of Ocean Woods and former Chairman of the Code Enforcement Board supported Mr Lloyd s statements Ms Norma Reynolds Manaaer of Ocean Woods for the past three years testified that Ms Hutcherson had hand delivered the Notice of Violation to her and reauested that railroad ties be used and tied down in order to correct the violation Ms Reynolds noted that railroad ties were not used in that area for at least the past three years since she has been Manager Dr Pinaziak property owner stated that he was sympathetic of the parking sltuatior He explained that this situation was heard back in 1986 with the same statements from the residents of Ocean Woods He advised that a fence had been installed on his property without a permit and was later removed asphalt was installed without a permit which was later removed trees were planted alona the buffer zone from east to west and that Ocean Woods was found in violation in 1986 It was Dr Pindzlak s opinion that no effort had been made to restore the buffer zone He noted that Bav Court currently had no buffer zone and was the orly road in Ocean Woods that allowed parklna in a buffer zone Dr Pindziak stated that the rules were for everybody Chairman Russell reported that she had looked at all of the Courts south of Ocean Woods Boulevard and noted the Bay Court was the only area which allowed parking in the buffer zone She inquired if Ocean Woods allowed parking on other common areas Ms Reynolds responded that vehicular parklna was not permitted because of possible damacre to the sprinkler systems Mr Hutchinson stated that Ocean Woods was found In compliance of the previous violation He inquired if Ms Hutcherson had the authority to request that railroad ties be used He noted that Ocean Woods was not found in violation for parking in the buffer zone back in 1986 He noted that Ocean Woods had an outstanding community spirit He voiced the opinion that selective enforcement had been used He requested that all information pertainina to this case be furnished to the Board for review because the Board s final decision would impact a lot of lives Ms Hutcherson testified that the reason she requested that railroad ties be used was because they were used when the property was brought into compliance in 1986 She stated that Ocean Woods was in violation of the Board Order of 1986 with the exception of paving and installing the fence She explained that the foliage had been removed mulch was spread In place of the pavement and vehicles were parkina in the buffer zone Ms Hutcherson stated that It was her interpretation of the Code Enforcement Board Order in 1986 that the buffer was to be restored to its original state lncludina being maintained In its oriainal condition not -lust restored then immediately destroyed because they still needed the parklna She admitted that parklna soaces were not addressed but parklna was not considered restoring a buffer area to its original condition Code Enforcement Board Regular Meeting August 20 1992 Page 7 of 8 Discussion was held regardina various buffer zone areas throughout Ocean Woods Mr Hutchinson reiterated that had the buffer zone been restored to its original state the area would be sandy weedy and dirty Discussion followed Mr Saurenmann a citizen inquired if there was a written policy for citizens to make a complaint He asked if a citizen could make a verbal complaint or did a complaint need to be in writing Chairman Russell answered that she did not know the procedure Discussion followed Since there was additional information to be furnished to the Board members regardina the history of this case Ms Porter-Gabler moved to continue Case No 92-38 at the next scheduled meeting Mr Hutchinson seconded the motion Motion carried unanimously REQUEST FOR HEARING 1 Richard St_ottlerS President Corimunication Conce_pts and Caere Canaveral Office Center_ Inc 7980 North Atlantic Avenue - Vi.olatlo_n of Section 64_5_25 Visibility_at Intersections and Section 641 61 Earth Station Antenna Regulations Para�graphs A E and H Ms Hutcherson explained that she had contacted Communication Concepts in December 1992 reaardinq the location and use of the earth station antenna located at the intersection of N Atlantic Avenue and Madison Avenue A letter had been mailed on December 22 1991 citing the various code violations On January 14 1992 a Notice of Violation had been mailed with a compliance date of January 30 1Q92 The violation had been corrected prior to the compliance date Ms Hutcherson advised that the violation has reoccurred and respectively requested a hearina before the Code Enforcement Board Discussion followed Ms Porter-Gabler moved to place this case on the next schedule meeting agenda for a public hearing Mr Moeller seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at 10 35 P M Approved this I'7 day of — _ _ 1992 Chairma Secretary Code Enforcement Board Reaular Meeting August 20 1992 Page 8 of 8 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 22, 1992 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on October 22, 1992 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 Jeanne Benson Marianne Sheffield Carol Warner Thomas Beasley Walter Godfrey 2nd Alternate MEMBERS ABSENT Roy Moeller Gerald B Reiner 1st Alternate OTHERS PRESENT Kevin Markey City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Klevmg Code Enforcement Officer Susan Nelson Secretary Mr Okell moved to approve the minutes of September 22, 1992 as submitted Ms Benson seconded the motion Motion carried unanimously It was noted that the next two meetings would be held on November 19, 1992 and December 17, 1992 The City Attorney swore in Evelyn Hutcherson and Thomas Klevmg, Code Enforcement Officers, and Robert Abbott, a citizen COMPLIANCE HEARINGS 1 Case No 92-30. Kishor and Rachna K Pathare. Lot 7 Keyshore Townhomes. Section 14, Township 24 South, Range 37 East. (299 G Chandler Street) Violation of Sections 302 1. Samtary Facilities, 302 6, Kitchen Facilities, 304, Minimum Requirements for Electrical Systems, 305 12, Exterior Doors, of the 1988 Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordinances Code Enforcement Board Meeting October 22, 1992 Page 1 of 6 2 Case No 92 33, Development Design Engineering, Inc , Kirshor and Rachna K Pathare. Lots 18. Keyshore Townhomes. Section 14 Township 24 South Range 37 East, (299 A H Chandler Street) Violation of Section 652 11(C). Property Exterior Maintenance Standards Established, Section 652 13 Duties and Responslbihties of Maintenance Standards Established, Paragraph (B)(1), and Section 652 15, Criteria for Building Appearance and Maintenance Mr Klevmg testified that Cases 92 30 and 92 33 were in compliance 3 Case No 92 31, Ida A Bruss, Lot 101, Block 4 Cape Canaveral Beach Gardens, Unit 2. Section 14, Township 24 South,Range 37 East (8210 Canaveral Boulevard) Violation of Section 64123, Accessory Structures, and Section 64125, Visibility at Intersections Ms Hutcherson testified that every attempt had been made to contact Mrs Bruss regarding the violation She advised that Mr Markey, Assistant City Attorney, had mailed a letter to Mrs Bruss dated October 20, 1992, advising her of the ramifications if she did not come into compliance As a last effort and one more attempt to bring Ms Bruss into compliance, she respectively requested that the Board extend the compliance date until October 26, 1992 Mr Okell moved in Case No 92 31, that the compliance date be extended until October 26, 1992 and that the unposed fine beginning on August 14, 1992 be waived and extended until October 26, 1992 Mr Beasley seconded the motion Motion carried unanimously 4 Case No 92 34, Robert Abbott, Lot 15, Block 28 Avon by the Sea, Section 23, Township 24 South, Range 37 East (414 Jackson Avenue) Violation of Section 641 61, Paragraphs A. D and G. Earth Station Antenna Regulations Mr Klevmg testified that this case was not in compliance He submitted a letter addressed to the Code Enforcement Board dated October 8, 1992 (Exhibit A) and a letter of response addressed to Mr Abbott from Mr Kanciha, City Attorney, dated October 20, 1992 (Exhibit B) The Board members reviewed the exhibits Mr Abbott testified that he did not file for an appeal with the circuit court, he was aware that the 30-day tune frame to file an appeal had expired, and that he had advised Mr Kanciha's Secretary that he intended to file an appeal on the evening of October 21, 1992 Discussion followed Chairman Russell reiterated that the allowable time to file an appeal with the circuit court had expired Discussion followed Ms Warner moved that Case No 92-34 Mr Abbott was not in compliance with the Code Enforcement Board Order dated September 17, 1992 because Mr Abbott continued to be in violation of Section 64161, Paragraphs (A)(D) & (G) and that the fine levied in the amount of $20 00 for the first day (October 21, 1992) and $50 00 per day thereafter for each and every day the violation exists, remain in full force until the property is found in compliance Mr Okell seconded the motion Motion carried unanimously 5 Case No 92-38, Ocean Woods Homeowners Association Inc Ocean Woods, Stage 10 C. Section 14, Township 24 South, Range 37 East (Bay Court and Common Grounds) Violation of Code Enforcement Board Order in Case No 86-54, Dated February 5. 1987 Code Enforcement Board Meeting October 22, 1992 Page 2 of 6 Ms Hutcherson testified that Ms Reynolds, Property Manager for Ocean Woods, had hand delivered a letter on October 12, 1992 advising that railroad ties had been placed, mulch was spread and three trees had been planted along the end of Bay Court in the buffer zone Ms Hutcherson explained that the type of trees were not a native of this area, did not enhance or blend into the other growth to the east and west of the parking area She testified that an inspection had been made and Mr Klevmg had probed underneath the mulch along the parking area and found a considerable amount of stabilization material very close to the surface Ms Hutcherson submitted photographs of the buffer zone area Discussion followed Ms Norma Reynolds was sworn in by the City Attorney She testified that she was not familiar with the stabilization underneath the mulch The area had been cleared after a freeze in 1989 with killed the growth She noted that nothing was replaced until she had received the Notice of Violation She advised that the nursery personnel where the new trees were purchased had informed her that the trees would grow quickly and fill-m the area Discussion followed Ms Warner moved that Case No 92-38 was in compliance Ms Sheffield seconded the motion Motion carried unanimously 6 Case No 92 39, Richard Stottler. President Communication Concepts. and Cape Canaveral Office Center. Inc . Lots 13. Block 19 Avon by the Sea Section 23 Township 24 South, Range 37 East (7980 North Atlantic Avenue) Violation of Section 645 25. Visibility at Intersections, and Section 64161,Earth Station Antenna Regulations, Paragraphs A. E. and H Ms Hutcherson testified that the antenna had been moved until a few days ago but was now situated on the north side of the building, open and in use She advised that another antenna had been installed in front of the building She submitted a photograph of the new antenna (Exhibit A) She respectively requested that this case be withdrawn and recited to specify any earth station dish antenna erected, secured and operable that is placed on the property Discussion followed Ms Benson moved that the Board Order dated September 17, 1992 in Case No 92-39 be withdrawn and the case be re-cited and agended for the next scheduled meeting Ms Sheffield seconded the motion Motion carried unanimously PUBLIC HEARINGS 1 Case No 92 35, NPI Foods Inc Parcel 778, Section 15 Township 24 South Range 37 East (8699 Astronaut Boulevard) Violation of Section 652 11, Property Exterior Maintenance Standards Established, Paragraph C. Section 652 13, Duties and Responsibilities of Maintenance Standards Established, Paragraph A 7, and Section 652 15. Criteria for Building Appearance Maintenance, Commercial Industrial and Residential, Paragraph H Ms Hutcherson testified that the Notice of Hearing was hand delivered to the property owner on October 13, 1992 She advised that the property had been mowed and piles of debris had been removed from the front of the building Ms Hutcherson further testified that overgrown vegetation was untended around the property and the building was not secured properly She submitted a photograph of the property (Exhibit A) Discussion followed Code Enforcement Board Meeting October 22, 1992 Page 3 of 6 Mr Okell moved as follows Fmdmgs of Fact There was untended vegetation around the property and the building was not securely boarded Conclusion of Law NPI Foods, Inc , was in violation of Sections 652 11, Property Exterior Maintenance Standards Established, Paragraph C, Section 652 13, Duties and Responsibilities of Maintenance Standards Established, Paragraph A, and Section 652 15, Criteria for Building Appearance Maintenance, Commercial, Industrial and Residential, Paragraph H Order NPI Foods, Inc shall comply with Section 652 11(C) on or before October 29, 1992 by taking the following action Mow the untended weeds and dispose of debris Should NPI Foods, Inc fail to comply with the above order and the Code Enforcement Officer finds that they are still in violation, then a fine shall be levied in the amount of $100 00 for the first day of non-comphance and $50 00 per day thereafter for each and every day the violation exist and continues to exist Should the violation reoccur, upon notification by the Code Enforcement Officer, a fine of $100 00 per day shall be unposed for each and every day the violation continues to exist Chairman Russell seconded the motion for the purpose of discussion Discussion followed Ms Benson amended the original motion to include the following Order NPI Foods, Inc shall comply with Section 652 13 (A)(7) and 652 15 (I) on or before March 1, 1992 by taking the following action Apply for a building permit or securely boarding up the area, and maintain the exterior of the property in a clean, sanitary and safe condition Mr Beasley seconded the amendment Vote on the amendment and main motion were unanimous 2 Case No 92-36, Virginia Eberwein. Lot 1. Block 16, Avon by the Sea, Section 23 Township 24 South, Range 37 East (8012 8018 Magnolia Avenue) - Violation of Section 641 37(A) Parking and Storage of Certain Vehicles and Section 652 11(C), Property Exterior Maintenance Standards Established Mr Klevmg testified that the property was not in compliance He advised that the vehicle had a current license plate, however, all of the items stored on the east side of the building had not been removed He respectively requested that this case be tabled so that he could make another attempt to ask the tenants to properly cleanup the property Ms Benson moved to table Case No 92 36 until the next scheduled meeting Ms Sheffield seconded the motion Motion carried unanimously 3 Case No 92 40, Ronald Benedetti and C F M & I Corporation Lots 3 4 and 5. Block 9. Avon by the Sea. Section 23, Township 24 South, Range 37 East (Avon Arms Condominium, 307 Adams Avenue) Violation of Section E10915. Abandoned Facilities, of the Standard Plumbing Code as adopted by Chapter 613 of the Cape Canaveral Code of Ordinances Code Enforcement Board Meeting October 22, 1992 Page 4 of 6 Ms Hutcherson testified that Mr Benedetti had received the Notice of Violation on September 25, 1992 Mr Benedetti had assured Mr Morgan, Budding Official, that he would be working on filling the septic tanks She advised that a permit had not been pulled for the demolition of the septic tanks and the no subsequent work on the demolition had been performed She outlined the standard procedure for filling in a septic tank for the Board members Discussion followed Mr Okell moved in Case No 92 40 as follows Findings of Fact A permit has not been pulled for the demolition of the septic tanks A visual inspection of the septic tanks has revealed no subsequent work on the demolition had been performed Conclusion of Law Ronald Benedetti and C F M & I Corp is in violation of Section E109 15, of the Standard Plumbing Code as adopted by Chapter 613 of the Cape Canaveral Code of Ordinances Order Ronald Benedetti and C F M & I Corp shall comply with the above described Section on or before November 12, 1992 by taking the following action 1 Obtain a budding permit to fill septic tanks 2 Septic tanks must be pumped clean and inspected A hole must be punched in the bottom of the tank and the tank should be filled with clean rill dirt and compacted prior to final inspection Should Ronald Benedetti and C F M & I Corp fad to comply with the above order and the Code Enforcement Officer rinds that they are still in violation, then a fine shall be levied in the amount of $200 00 for the rust day of non-compliance (November 13, 1992) and $150 00 per day thereafter 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 unposed for each and every day the violation continues to exist Ms Sheffield seconded the motion Motion carried unanimously 4 Case No 92 41, O Scott McCauley. Lot 2, Sea Monica I. Section 23, Township 24 South,Range 37 East (601 Monroe Avenue) Violation of Section 64147, Swimming Pools. Enclosures and Accessories. Paragraph D. Specified Mmumum Setback Requirements for Swimming Pools, Screen Enclosures and Accessories Ms Hutcherson testified that Mr McCauley had constructed a swimming pool and screen enclosure which encroached into the required setbacks He had applied for a Variance before the Board of Adjustments On July 13, 1992, the Board of Adjustments granted hum a Variance to allow the swimming pool to encroach into the required setbacks but denied the screen enclosure (Exhibit A), On July 15, 1992, Mr Morgan, Building Official, marled Mr McCauley an Official Notice advising hum to remove or modify the screen enclosure Ms Hutcherson advised that nothing had been done Ms Hutcherson advised that on Mr McCauley had received the Notice of Violation on September 16, 1992 Discussion followed Code Enforcement Board Meeting October 22, 1992 Page 5 of 6 Ms Benson moved in Case No 92-41 as follows Findings of Fact The Cape Canaveral Board of Adjustment denied Mr McCauley's request for a variance on the setback requirements for the screen enclosure and the screen enclosure encroaches on the required setbacks Conclusion of Law O Scott McCauley is in Violation of Section 641 47(D), Swimming Pools, Enclosures and Accessories, Specified Minimum Setback Requirements for Swimming Pools, Screen Enclosures and Accessories, of the Cape Canaveral Zoning Regulations Order O Scott McCauley shall comply with the above described Section on or before November 12, 1992 by taking the following action 1 Obtain necessary permit 2 Modify the screen enclosure to meet the required setbacks Should O Scott McCauley 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$200 00 for the fust day of non compliance (November 13, 1992) and $100 00 per day thereafter 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 unposed for each and every day the violation continues to exist Ms Sheffield seconded the motion Motion carried unanimously NEW BUSINESS 1 Election of Officers Mr Okell nominated Ms Russell to remain as Chairman Ms Sheffield seconded the nomination Vote on the nomination was unanimous Ms Warner nominated Ms Benson as Vice Chairman Mr Okell seconded the nomination Vote on the nomination was unanimous There being no further business, the meeting was adjourned at 9 30 P M Approved this )911 day of ���41�� , 1992 Chairm Secretary Code Enforcement Board Meeting October 22, 1992 Page 6 of 6 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 17, 1992 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on September 17, 1992 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 Jeanne Benson Roy Moeller Carol Warner 1st Alternate Thomas Beasley 2nd Alternate MEMBERS ABSENT Marianne Sheffield OTHERS PRESENT Joy Salamone Mayor Ann Thurm Council Member James Morgan Building Official John Kanciba City Attorney Evelyn Hutcherson Code Enforcement Officer Thomas Klevmg Code Enforcement Officer Susan Nelson Secretary Ms Warner moved to approve the minutes of October 20, 1992 as submitted Mr Okell seconded the motion Motion carried unanimously It was noted that the next meeting would be held on October 22, 1992 The City Attorney swore in Evelyn Hutcherson and Thomas Klevmg, Code Enforcement Officers, and the following citizens Hans Saurenmann, Russell Lloyd, Charles Stenglem, George Hutchinson, Norma Reynolds, Robert Abbott, James Hines, and James Lewis COMPLIANCE HEARINGS 1 Case No 92 02, Hans Saurenmann, President Canaveral Bay Condominium Association. Inc . Parcels 297-297 9. Phase I. Parcels 298 299 1 Phase H. Parcel 299 2. Phase III, Parcels 300 4-3015. Phase IV, Parcels 3016-302 5. Phase V. Parcels 306 306 1.Phase VI. Parcels 283 A 283 R.Phase VII,and Parcels 306 T 307, Phase XI. Canaveral Bay Condominiums, Sections 22 and 23 Township 24 South, Range 37 East. (200 International Drive) Violation of Chapter 657 Tree Protection and Land Clearing Code Enforcement Regular Meeting September 17, 1992 Page 1 of 7 Mr John Kanciha, City Attorney, stated that Mr Paul Wean, Attorney for Canaveral Bay Condominium Association, Inc , was to present an offer of agreement for Canaveral Bay and the Code Enforcement Board for his review Subsequently, he was advised that Mr Wean was no longer representing Canaveral Bay He noted that Hans Saurenmann, President of Canaveral Bay Condominium Association, Inc , was present to represent the Association with the request that the Code Enforcement Board reduce the fine levied, in the amount of $5,000, to the $2,000 which had already been paid Mr Kanctha verified that Canaveral Bay Condominium Association, Inc , had entered into an agreement with the adj ommg property owner for the replacement of the trees which had been removed unlawfully Discussion followed Mr Moeller moved that Case No 92 02, Canaveral Bay Condominium Association, Inc , was found in violation of Chapter 657, Tree Protection and Land Clearing, and based on the evidence presented, the Board found no ,justification or mitigating circumstances to reduce the fine levied in the amount of $5,000 Therefore, the request to reduce the unposed fine was denied Ms Warner seconded the motion Motion carried unanimously Mr Saurenmann presented a check to the City Attorney in the amount of $3,000, along with a letter which indicated he was paying the fine under protest 2 Case No 92-31, Ida A Bruss Lot 101, Block 4, Cape Canaveral Beach Gardens Unit 2. Section 14, Township 24 South, Range 37 East (8201 Canaveral Boulevard) Violation of Section 652 11 Property Exterior Maintenance Standards Established Paragraph C. Section 652 12. Duties and Responsibilities of Maintenance Standards Established, Paragraph A. Section 64123, Accessory Structures, Section 64125, Visibility at Intersections, and Section 645 03, Building Permits Required Ms Hutcherson testified that Ms Bruss had returned to the City and on September 14, 1992, an attempt was made to hand deliver a notice for the compliance hearing Ms Hutcherson explained that Ms Bruss appeared to be confused and would not accept the notice Ms Hutcherson stated that the notice had been mailed by certified mail return receipt requested and the return receipt had not been received She requested that this case be postponed until the next meeting Ms Warner moved to postpone Case No 92 31 until the next scheduled meeting Mr Okell seconded the motion Motion carried unanimously 3 Case No 92 30, Kishor and Rachna K Pathare, Lot 7, Keyshore Townhomes, Section 14 Township 24 South Range 37 East 299 G Chandler Street Violation of Sections 302 1. Sanitary Facilities, 302 6 Kitchen Facilities, 304, Minimum Requirements for Electrical Systems 305 12, Exterior Doors, of the 1988 Standard Housing Code as adopted by Chapter 619 of the Cape Canaveral Code of Ordmances Mr Klevmg testified that this case was in compliance with the exception of a cover on an electrical box He requested that the compliance date be extended until October 20, 1992 and the fine unposed beginning on September 16, 1992 be waived Mr Okell moved in Case No 92 30, that the compliance date be extended until October 20, 1992, the fine unposed beginning on September 16, 1992 be waived and extended until October 22, 1992 Mr Beasley seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting September 17, 1992 Page 2 of 7 4 Case No 92-33, Development Design Engineering, Inc Kirshor and Rachna K Pathare, Lots 1 8, Keyshore Townhomes Section 14 Township 24 South Range 37 East. (299 A H Chandler Street) - Violation of Section 652 11(C), Property Exterior Maintenance Standards Established, Section 652 13. Duties and Responsibilities of Maintenance Standards Established, Paragraph (B)(1). and Section 652 15, Criteria for Building Appearance and Maintenance Mr Klevmg testified that this case was in compliance with the exception of painting where the awning brackets had been removed Ms Warner moved in Case No 92 33, that the compliance date be extended until October 20, 1992, the unposed fine beginning on September 16, 1992 be waived and extended until October 22, 1992 Mr Beasley seconded the motion Motion carried unanimously PUBLIC HEARINGS 1 Case No 92-34, Robert Abbott Lot 15 Block 28 Avon by the Sea (414 Jackson Avenue) Violation of Section 64161, Paragraphs A. D & G Earth Station Antenna Regulations Mr Klevmg explained the layout of the property and the dimensions and placement of the satelhte dish He advised that he had spoke with Mr John R Coulson, representative of Techmcal Research Institute, Inc who advised hun that the satellite dish could be relocated in the side yard between the fence and wall of the house, placed on the ground, and still receive reception from the satellites Mr Klevmg submitted photographs of the property and satellite dish (Exhibit 1) He noted the dish exceeded the maximum allowable size Imitation He gave a response to Mr Abbott's letter which had been addressed to the Mayor, City Manager and Council members, dated August 24, 1992 Discussion followed Mr Kanciha, City Attorney, advised that the Federal Communications Rule did not prohibit municipalities from regulating satellite antennas Mr Kanciha read a portion of the Federal Communications Commission regarding preemption of Local Zoning and Other Regulation of Receive-Only Satellite Earth Stations and Section 64161, Earth Station Antenna Regulations of the Cape Canaveral Code of Ordinances Mr Kanciha reviewed that Mr Abbott had admitted at the previous meeting that the antenna was installed in 1984 and the antenna had been removed for a period of approximately four years Discussion followed Mr Abbott testified that he had originally installed the dish in 1984 on the ground but the antenna would not work He noted that the building was too high to receive the satellites when placed on the ground, he could not meet the City setback requirements if he placed the dish in the rear yard, the dish was mounted on a three inch pipe and anchored to the side of the building, he currently received 20 satellites, the dish was being utilized for a hobby not for business purposes, he had removed the dish because it needed maintenance, he left the State on a,lob assignment, and repeated that the dish had been removed from its installation for a period of approximately four years Mr Kanciha presented the legal opinion that the non conforming use of the satellite dish had exceeded the 90 days allowable to be grand fathered and that Mr Abbott was not entitled to continue the non-conforming use He questioned if an unreasonable burden would be placed on Mr Abbott if, in fact, he was ordered to move the antenna Discussion followed Code Enforcement Board Regular Meeting September 17, 1992 Page 3 of 7 Ms Warner moved that Case No 92-34 be dismissed because Mr Abbott was exempt by the grand fathering clause and that the break in tune that he was absent was not of his volition Mr Okell seconded the motion for the purpose of discussion A brief discussion was held regarding conforming and non conforming Vote on the motion was as follows for, Ms Warner, against, Mr Beasley, Ms Benson, Mr Moeller, Mr Okell and Ms Russell Motion was denied Mr Moeller moved in Case No 92 34 as follows FINDINGS OF FACT The non conforming satellite dish was erected without a building permit The satellite dish is mounted to the side of the residence and exceeds the allowable height for a R 2 Zone CONCLUSION OF LAW Robert Abbott is in violation of Section 641 61, Paragraphs A, D & G, Earth Station Antenna Regulations of the Cape Canaveral Code of Ordinances Order That Mr Abbott shall comply with the aforementioned Sections on or before October 20, 1992 by taking the following action Detach the antenna from the residence and reinstall to conform with applicable City of Cape Canaveral Regulations Upon complying, Mr Abbott shall notify Thomas Klevmg, a City Official, in writing He shall inspect the property and notify the Board of compliance Should Mr Abbott 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 $20 00 for the first day (October 21, 1992) and $50 00 per day 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 unposed for each and every day the violation continues to exit Mr Okell seconded the motion Discussion followed Vote on the motion was as follows for, Mr Beasley, Ms Benson, Mr Moeller, Mr Okell, and Ms Russell, against, Ms Warner Motion carried by a majority vote Mr Abbott, for the record, questioned the City Attorney if he had been contacted by James R Hobson, Dunley, Clarey, Woods and Maser, or Halland and Knight from Orlando Attorney Kanctha answered that he had not been contacted by them 2 Case No 92-35, NPI Foods. Inc , Parcel 778, Section 15 Township 24 South,Range 37 East (8699 Astronaut Boulevard) Violation of Section 652 11, Property Exterior Maintenance Standards Established, Paragraph C. Section 652 13 Duties and Responsibilities of Maintenance Standards Established, Paragraph (A)(7). and Section 65215, Criteria for Building Appearance Maintenance, Commercial, Industrial and Residential Paragraph H Ms Hutcherson testified that she had been unable to locate the owners of NPI Foods, Inc She requested that this case be postponed until the next meeting Mr Okell moved to postpone Case No 92 35 until the next meeting Ms Warner seconded the motion Motion carried unanimously Code Enforcement Board Regular Meeting September 17, 1992 Page 4 of 7 3 Case No 92 36, VwEuua Eberwem. Lot 1, Block 16, Avon by the Sea, Section 23 Township 24 South, Range 37 Eat (8012 8018 Magnolia Avenue) Violation of Section 641 37(A). Parking and Storage of Certain Vehicles and Section 652 11(C). Property Exterior Maintenance Standards Established Mr Klevmg testified that he had hand delivered the Notice of Violation on September 15, 1992 to Ms Eberwem He reported that the vehicle had been removed, however, the property was not cleared of the stored items He requested that this case be postponed until the next scheduled meeting Mr Okell moved to postpone Case No 92 36 until the next scheduled meeting Ms Benson seconded the motion Motion carried unanimously 4 Case No 92 37, Ronald Benedetti, Lots 3 5. Block 9 Avon by the Sea (307 Adams Avenue) Violation of Section E109 15. Abandoned Facilities, of the Standard Plumbing Code as adopted by Chapter 613 of the Cape Canaveral Code of Ordinances Ms Hutcherson withdrew this case because the ownership had changed She advised that this case would be recited and the new owner(s) notified 5 Case No 92-38, Ocean Woods Homeowners Association, Inc Ocean Woods Sta e 10 C. Section 14, Township 24 South Range 37 East (Bay Court and Common Grounds) - Violation of Code Enforcement Board Order in Case No 86-54, Dated February 5. 1987 Ms Hutcherson submitted aerial photographs of Ocean Woods dated 1975, 1980, 1983, 1986 and 1989 which she had obtained from the Brevard County Land Records and a photograph of a vehicle parked in the buffer zone area (Exhibit 1) She testified that three small trees had been planted which were not listed as desirable trees and they were placed so that vehicles could continue to park in the buffer zone Ms Hutcherson read a portion of the Puerto Del Sol Final Judgement and Order as follows (g ) Buffer Zones Buffer zones of 35 feet have been provided along the southerly property line next to property zoned for multiple family use and of 80 feet along the northerly property line adjacent to the existing Harbor Heights subdivision Ms Hutcherson submitted a sketch of the placement and location of the building on Bay Court (Exhibit 2) The Board members reviewed the exhibits Discussion followed Mr Russell Lloyd, a citizen and Chan-man of the Zoning Board of Adjustments, voiced the opinion that the Code Enforcement Board Order dated February 5, 1987, Case No 86-54, violated Ocean Woods for the construction a fence and paving without a building permit not for parking vehicles in a buffer zone Mr Lloyd noted that Ocean Woods spends approximately$100,000 in landscaping annually It was his opinion that obscurity exceeded 80% in visual screening between Bay Court and Dr Pmdziak's property He stated that the Association was willing to add to the visual screen if requested He submitted a photograph of Bay Court's buffer one taken from Central Boulevard (Exhibit 1), and a photograph of a buffer zone at a different location taken from Central Boulevard (Exhibit 2) Dr Pmdziak reiterated from the previous meeting that Ocean Woods was in violation of the buffer zone regulation He noted that no code adjustment was made to the Court Order or the approved site plan He advised that the laws were written for everyone to comply with Discussion followed Code Enforcement Board Regular Meeting September 17, 1992 Page 5 of 7 Mr James Hines, former Building Official, gave a brief history of the Ocean Woods development Discussion was held regarding subcontractors dumping debris in the buffer during construction Ms Benson pointed out that the Notice of Violation dated June 23, 1986, clearly stated that it was necessary to restore the buffer zone to resemble its natural state prior to being disturbed by unauthorized construction activity Discussion was held regarding various buffer zones throughout Ocean Woods Discussion continued Ms Warner moved in case No 92 38 as follows Findings of Fact Parking spaces were constructed on Bay Court in the buffer zone without a building permit Conclusion of Law The Ocean Woods Homeowners Association, Inc is in violation of the Code Enforcement Board Order in Case Number 86-54, dated February 5, 1987 Order The Ocean Woods Homeowners Association, Inc shall comply with the Code Enforcement Board Order in Case Number 86-54, dated February 5, 1987 by taking the following action Cease parking in the buffer zone, remove all stabilization materials, and restore the buffer zone to its natural state prior to being disturbed by unauthorized activity Upon complying, Ocean Woods Homeowners Association, Inc shall notify Evelyn Hutcherson, a City Official, in writing She shall inspect the property and notify the Board of compliance Should the Ocean Woods Homeowners Association, Inc , fail to comply with the above order and the Code Enforcement Officer finds that they are still in violation, then a fine shall be levied in the amount of $100 00 for the first day (October 14, 1992) and $50 00 per day thereafter for each and every day the violation continues to exist Should the violation reoccur, upon notification by the Code Enforcement Officer, a fine of $100 00 per day shall be unposed for each and every day the violation continues to exist Ms Benson seconded the motion Motion carried unanimously 6 Case No 92 39, Richard Stottler. President Communication Concepts, and Cape Canaveral Office Center, Inc , Lots 13. Block 19 Avon by the Sea (7980 N Atlantic Avenue) Violation of Section 64125, Visibility at Intersections and Section 64161, Earth Station Antenna Regulations, Paragraphs A. E and H Ms Hutcherson submitted a photograph of the satellite dish placed on the trailer in a parking space (Exhibit 1), a letter of response from Mr Jim Lewis, Vice President of Communications Concepts (Exhibit 2), a letter from Ms Hutcherson addressed to Mr Stottler, President of Communications Concepts,Inc , dated December 27, 1991, explaining the violation (Exhibit 3), the Violation Notice dated January 14, 1992 (Exhibit 4), a photograph of the intersection depicting the placement of the satellite antenna (Exhibit 5), the Notice of Hearing dated August 26, 1992 (Exhibit 6) Ms Hutcherson testified that the antenna had been removed for a short period of tune but reappeared on August 17, 1992 The Board members reviewed the entered exhibits Discussion followed Code Enforcement Board Regular Meeting September 17, 1992 Page 6 of 7 Mr Jim Lewis, Vice President of Communications Concepts, explained that when they had first placed their satellite dish in front of the building, they called the city manager who said there were no restrictions on the location of mobile satellite dish, the dish was placed in a legally authorized parking space, the dish was mounted on a currently licensed trailer, present City ordinances appeared to address fixed installations in residential neighborhoods Mr Lewis noted that the City had made exceptions to other satellite dishes He stated that Communications Concepts, Inc , was a clean, non polluting, environmentally safe industry, satellite transmission and reception was important to the business to be a continued success, the satellites were in line of sight transmission and were located over the equator, and in order to be operable, the satellite dish must be located in front of the building otherwise, the building would block the transmission and reception Mr Lewis submitted a photograph of the intersection visibility (Exhibit 1), a photograph of the satellite dish placement at the intersection (Exhibit 2), and a photograph of vehicles passing through the mtersectnon (Exhibit 3) The Board members reviewed the exhibits Discussion followed Ms Hutcherson recommended that Communications Concepts, Inc , apply to the Board of Adjustments to request a Variance of they intended to leave the satellite dish in its present location Discussion followed Ms Benson moved in Case No 92 39 as follows Findings of Fact The earth station antenna was improperly located and obstructed visibility at intersections Conclusion of Law Richard Stottler, President, Communications Concepts, Inc , and Cape Canaveral Office Center, Inc , are in Violation of Section 64161 (E), Earth Station Antenna Regulations of the Cape Canaveral Code of Ordinances Order Richard Stottler, President, Communications Concepts, Inc , and Cape Canaveral Office Center, Inc , shall comply with the aforementioned Section on or before October 15, 1992 by taking the following action Move the earth station antenna from the intersection or apply to the Board of Adjustments to request a Variance Upon complying, Richard Stottler, President, Communication Concepts, Inc , and Cape Canaveral Office Center, Inc , shall notify Evelyn Hutcherson, a City Official, in writing She shall inspect the property and notify the Board of compliance Mr Okell seconded the motion Motion carried unanimously There being no further business, the meeting was adjourned at 10 50 P M Approved this ��`'—d day of 0JO6r , 1992 Cv( Chairman 2mom L K Secretary Code Enforcement Board Regular Meeting September 17, 1992 Page 7 of 7 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 19, 1992 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on November 19, 1992 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 Jeanne Benson James Okell Thomas Beasley Gerald Reiner Carol Warner Gary Phillips Walter Godfrey MEMBERS ABSENT Marianne Sheffield OTHERS PRESENT Kevin Markey Evelyn Hutcherson Thomas Klevmg Susan Nelson Chairman Vice Chairman 1st Alternate 2nd Alternate City Attorney Code Enforcement Officer Code Enforcement Officer Secretary Ms Benson moved to approve the minutes of October 22, 1992 as submitted Mr Godfrey seconded the motion Motion carried unanimously It was noted that the next meeting would be held on December 17, 1992 The City Attorney swore in Evelyn Hutcherson and Thomas Kleving, Code Enforcement Officers, and O Scott McCauley, a citizen COMPLIANCE HEARINGS 1 Case No 92 35, NPI Foods, Inc . Parcel 778, Section 15, Township 24 South Range 37 East (8699 Astronaut Boulevard) Violation of Section 652 11, Property Exterior Maintenance Standards Established, Paragraph C. Section 652 13, Duties and Responsibilities of Maintenance Standards Established, Paragraph A 7. and Section 652 15. Criteria for Buddmg Appearance Maintenance, Commercial, Industrial and Residential. Paragraph H Ms Hutcherson testified that this case was in partial compliance with the Code Enforcement Board Order of October 22, 1992 She advised that the untended weeds had been mowed and the debris removed She reminded the Board members that NPI Foods, Inc , had until March 1, 1993 to apply for a Building Permit to board up the building securely Code Enforcement Board Meeting November 19, 1992 Page 1 of 3 2 Case No _92-40. Ronald Benedetti and C F M & I Corporation, Lots 3 4 and 5 Block 9. Avon by the Sea Section 23 Township 24 South, Range 37 East (Avon Arms Condominium, 307 Adams Avenue) Violation of Section E10915 Abandoned Facilities, of the Standard Plumbing Code as adopted by Chapter 613 of the Cape Canaveral Code of Ordinances Ms Hutcherson testified that the owner had applied for a Building Permit to fill the abandoned septic tank, after the owner had inspected the tank, he determined that it was necessary to hire a contractor to do the ,lob and requested that the Board grant an extension of the compliance date and waive the unposed fine beginning on November 23, 1992 Ms Benson moved that the compliance date in Case Number 92 40 shall be extended until December 15, 1992 and the unposed fine beginning on November 13, 1992 shall be waived and extended until December 15, 1992 Ms Warner seconded the motion Motion carried unanimously 3 Case No 92 41, O Scott McCauley. Lot 2, Sea Monica I Section 23, Township 24 South, Range 37 East (601 Monroe Avenue) - Violation of Section 64147, Swimming Pools. Enclosures and Accessories. Paragraph D Specified Minimum Setback Requirements for Swimming Pools Screen Enclosures and Accessories Ms Hutcherson testified that no attempt had been made by Mr McCauley to bring this case into compliance She advised that a fine had been levied in the amount of $200 00 for the first day of non compliance (November 13, 1992) and $100 00 per day thereafter for each and every day the violation continues to exist Discussion followed Mr McCauley stated that he was not aware that his public hearing had been scheduled for October 22, 1992 Chairman Russell reiterated that a Notice of Hearing had been delivered by Certified Mail and accepted by Mr McCauley on September 16, 1992 She advised that Mr McCauley was allowed one more day to file an appeal with the circuit court regarding the Board's decision if he so desired Mr Markey explained the steps of filing an appeal at Mr McCauley's request PUBLIC HEARINGS Case No 92-36 Vw una Eberwem Lot 1 Block 16 Avon by the Sea Section 23 Township 24 South, Range 37 East (8012-8018 Magnolia Avenue) Violation of Section 641 37(A) Parkmg and Storage of Certain Vehicles and Section 652 11(C), Property Exterior maintenance Standards Established Mr Klevmg testified that this case was in compliance 2 Case No 92 42, Richard Stottler. President, Communication Concepts. and Cape Canaveral Office Center, Inc Lots 13. Block 19 Avon by the Sea. Section 23 Township 24 South, Range 37 East (7980 North Atlantic Avenue) Violation of Section 64161, Earth Station Antenna Regulations, Paragraphs A E,H and I, and Section 645 03, Building Permit Required Paragraph A Ms Hutcherson testified that Communication Concepts had applied to the Board of Adjustments for a Special Exception She requested that the compliance date be extended until the Board of Adjustments takes action on the request for a Special Exception Code Enforcement Board Meeting November 19, 1992 Page 2 of 3 Ms Warner moved that the compliance date in Case Number 92-42 be extended until the City of Cape Canaveral Board of Adjustments has taken action on the request for a Special Exception Ms Benson seconded the motion Motion carried unanimously 3 Case No 92 43, Gladys B Kendall and Leon Barnett. Jr . Lots 9. 10 & 11. Block 25. Avon by the Sea, Section 23, Township 24 South, Range 37 East(7802 Astronaut Boulevard) Violation of Section 637 53, C 1. Prohibited Uses and Structures. Section 64133, Location of Recreational Vehicles. Camping Equipment, Boats and Boat Traders, Paragraphs A and C. of the Cane Canaveral Code of Ordinances, and the Code Enforcement Board Order in Case No 91-10 Ms Hutcherson testified that Ms Kendall's and Mr Barnett's attorney had advised that he would be out of the Country at the tune of this hearing and requested that the Board continue his clients matter until the meeting in December Mr Godfrey moved that Case No 92 43 by continued on December 17, 1992 Ms Benson seconded the motion Motion carried unanimously There being no further business, the meeting was adjourned at 7 52 P M Approved this 194 day of -.t"-L, , 1992 111MTIL I, "7�t__. Secretary yy 1 Code Enforcement Board Meeting November 19, 1992 Page 3 of 3 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 17, 1992 A regular meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on December 17, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida Mr Okell called the meeting to order at 7 30 P M The Secretary called the roll MEMBERS PRESENT James Okell Gerald Renner Carol Warner Thomas Beasley Gary Phillips Walter Godfrey MEMBERS ABSENT Mary Russell Jeanne Benson Marianne Sheffield OTHERS PRESENT Kevin Markey Evelyn Hutcherson Thomas Klevmg Susan Nelson 1st Alternate 2nd Alternate Chairman Vice Chan -man Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Secretary Mr Beasley moved to approve the minutes of November 19, 1992 as submitted Ms Warner seconded the motion Motion carried unanimously It was noted that the next meeting would be held on January 21, 1993 The City Attorney swore in Evelyn Hutcherson and Thomas Klevmg, Code Enforcement Officers, Leon Barnett, a citizen, and Michael Mmot, Attorney representing Mr Barnett COMPLIANCE HEARINGS 1 Case No 92 40, Ronald Benedetti and C F M & I Corporation, Lots 3 4 & 5 Block 9. Avon by the Sea. Section 23, Township 24 South, Range 37 East (Avon Arms Condominium, 307 Adams Avenue) Violation of Section E10915. Abandoned Facilities. of the Standard Plumbing Code as adopted by Chapter 613 of the Cape Canaveral Code of Ordinances Ms Hutcherson reported that this case was in compliance Code Enforcement Board Regular Meeting December 17, 1992 Page 1 of 2 PUBLIC HEARINGS 1 Case No 92 43, Gladys B Kendall and Leon Barnett, Jr . Lots 9, 10 & 11 Block 25. Avon by the Sea. Section 23, Township 24 South, Range 37 East (7802 Astronaut Boulevard) Violation of Section 637 53, C 1, Prohibited Uses and Structures, Section 64133, Location of Recreational Vehicles, Campmg Equipment Boats and Boat Traders, Paragraphs A and C. of the Cape Canaveral Code of Ordinances and the Code Enforcement Board Order in Case No 92 10 Ms Hutcherson testified that she had not recently witnessed the motor home being connected to water, electricity or being occupied during daylight hours She advised that Mr Barnett had applied for a Special Exception to be allowed to park the vehicle on his property and to further be allowed to reside in the budding She respectively requested that this case be tabled until the Board of Adjustments makes a decision on the Special Exception Request Discussion followed Attorney Mmot pointed out that Mr Barnett had no intentions on occupying the motor home and requested that the Board find Mr Barnett in compliance since the Code Enforcement Officer had testified that the motor home was not being occupied Discussion followed Ms Warner moved in Case No 92 43, that Gladys Kendall and Leon Barnett, Jr , be found in partial compliance since the motor home was currently not being occupied and that this case be tabled until the Board of Adjustments makes a decision regarding Mr Barnett's request for a Special Exception Mr Beasley seconded the motion Motion carried unanimously There being no further business, the meeting was adjourned at 7 55 P M Approved this X15 day of oarLl '1992 11-1 Sl"vn [_ Secretary ff 4"0 Chairma Code Enforcement Board Regular Meeting December 17, 1992 Page 2 of 2