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Home My WebLink AboutCEB 1997 Minutes CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 23, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on January 23, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Carol Warner Vice Chairperson Thomas Stanker Karen Hartley Alternate MEMBERS ABSENT Donna Boone Walter Godfrey OTHERS PRESENT Beatrice McNeely P &Z Board Chairperson Leo Nicholas P & Z Board Member Mitch Goldman Assistant City Attorney Greg Mullins Code Enforcement Officer Susan Chapman Secretary Code Enforcement Officer Greg Mullins; Patrick Rooney and Mike Jackson, representatives for American Boom & Barrier, were sworn in by Attorney Goldman. It was noted that the next meeting would be held on February 20, 1997. COMPLIANCE HEARINGS: 1. Case No. 95-33, Frank Goshe, (307 Adams Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Lots 3-5, Block 9, Brevard County, Florida - Violation of Section 34-181, Parking or Leaving on Private Property of the City of Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 23, 1997 PAGE 2 2. Case No. 95-37, Resort Shops, (6850 N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 73, Lots 1-3 & 9-12, Brevard County, Florida - Violation of Section 94-7 Conformance and Section 95-64 (F) Criteria and Standards for Measurement and Placement. Code Enforcement Officer Mullins testified that this case was in compliance as of December 18, 1996. The imposed fine had accrued for 340 days. The fine totaled an approximate amount of $8,500.00, plus recording costs of the lien. Chairperson Russell informed the Board members that Mr. Melvin had been previously cited for various violations over the past several years and he had not been very cooperative in working with the city to keep his property properly maintained. She further advised, that the Mayor and volunteer citizens had painted Mr. Melvin's building and cleaned-up the parking lot in an effort to improve the looks of the property, which was located along the city's main corridor. Discussion followed regarding the excessive length of time it took Mr. Melvin to remove the sign. As per Chairperson Russell's request, City Attorney Goldman shared some suggestions for the Board members to consider, regarding the amount of time for Mr. Melvin to bring the property into compliance and the dollar amount of the imposed fine. Discussion followed. Motion by Chairperson Russell, seconded by Mrs. Warner, to find Case No. 95-37, Resort Shops in compliance as of December 18, 1996 and that the imposed fine be reduced to $500.00, plus costs incurred by city staff. Vote of the motion carried unanimously. 3. Case No. 96-16, NPI Foods, Inc., (8699 Astronaut Boulevard), Parcel 778, Section 15, Township 24 South, Range 37 East, Brevard County, Florida - Violation of Section 34-98, Building Appearance and Maintenance. Code Enforcement Officer Mullins testified that the extended compliance date in this case was August 19, 1996. The building had been demolished and the property was found in compliance as of January 7, 1997. Mr. Mullins respectfully requested that the Board waive the imposed fine. Motion by Mrs. Warner, seconded by Mr. Stanker to find Case No. 96-16 in compliance as of January 7, 1997 and that the imposed fine be waived. Vote on the motion carried unanimously. 4. Case No. 96-36, Robert & Jacqueline Bevis (607 Adams Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 12, Lot 1.01, Brevard County, Florida - Violation of Section 110-469, Visibility at Intersections of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance prior to the established compliance date. CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 23, 1997 PAGE 3 PUBLIC HEARINGS 1. Case No. 97-01, Atlantic Rentals, Inc., (6811 North Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Parcel 510.1, Brevard County, Florida - Violation of Section 110- 332, Principal Uses and Structures of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this property had outside sales display advertising for the sale of a recreational vehicle. He advised that sales displays were located on the vehicle and the business reader board sign. Mr. Mullins informed the Board members that this type of advertising would only be permissable by a special exception. He added that Atlantic Rentals was notified of this requirement. Discussion followed. Motion by Mrs. Warner, seconded by Ms. Hartley to find Case No. 97-01, Atlantic Rentals, Inc. in violation as follows: FINDINGS OF FACT: There existed outside sales advertising for a vehicle. CONCLUSION OF LAW: Atlantic Rentals, Inc. was in violation of Chapter 110, Section 110-332, Principal Uses and Structures of the Cape Canaveral Code of Ordinances. ORDER: Atlantic Rentals, Inc. shall comply with the aforementioned Section on or before February 13, 1997 by taking the following action: Remove all outside sales advertising for the vehicle. Upon complying, Atlantic Rentals, Inc. shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board of compliance. Should Atlantic Rentals, Inc. fail to comply on or before February 13, 1997 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 forthe first day of non-compliance and $25.00 per day thereafter, for each and every day the violation exists and continues to exist, plus any fees for costs incurred by city staff. Vote on the motion carried unanimously. 2. Case No. 97-02, American Boom & Barrier, (7077 North Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Parcel 500/D, Brevard County, Florida - Violation of Section 110-354, Special Exceptions Permissable by the Board of Adjustment. Code Enforcement Officer Mullins advised that this case was not in compliance. He testified that American Boom & Barrier had been granted a special exception on October 30, 1995 to allow a fenced area for outside storage of specific items. He further testified that various items were being stored outside the fenced area, (i.e. boom materials, utility trailers, wood pallets, detachable tractor trailer boxes, vehicles and a boat, etc.). CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 23, 1997 PAGE 4 Mr. Mullins submitted photographs (Exhibit A). The Board members reviewed the photographs, discussion followed. Patrick Rooney and Mike Jackson, representatives for American Boom & Barrier explained that they had remodeled the interior of the building as per the Fire Marshal's request. After remodeling was completed, they had discovered that the granted special exception for an outside fenced storage area of 35 ft. X 40 ft. was no longer sufficient. Mr. Rooney advised that he would request an extension to the granted special exception to enlarge the fenced storage area. The Board Secretary, Susan Chapman informed the Board that if American Boom & Barrier submitted an application packet for a special exception on or before Wednesday, January 29, 1997, it would be possible to schedule a Board of Adjustment meeting on March 10, 1997 to consider the request. Mr. Jackson stated that he would be submitting the special exception application packet by Wednesday. Motion by Mr. Stanker, seconded by Chairperson Russell to extend the compliance date in Case No. 97-02 until March 14, 1997. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 8:40 P.M. Approved this c�O�day of 1997. Mary K. Rus ell, Chairperson Sec Susan L. Chapman, etary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 20, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on March 20, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Carol Warner Vice Chairperson Thomas Stanker Donna Boone Karen Hartley Alternate MEMBERS ABSENT Walter Godfrey (Excused) OTHERS PRESENT Beatrice McNeely P &Z Board Chairperson Leo Nicholas P &Z Board Member Mitch Goldman Assistant City Attorney Greg Mullins Code Enforcement Officer Susan Chapman Secretary Code Enforcement Officer Greg Mullins; Tye Van Buren, Esq. representing Cape R & D Corporation, were sworn in by Attorney Goldman. It was noted that the next meeting would be held on April 17, 1997. MOTION FOR STAY: 1. Hearing of Motion for Stay Pending Review Regarding Case No. 96-32, Cape R & D Corp./Fairvilla Video, (8625 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 770.1, Brevard County, Florida. Attorney Goldman gave a brief history of this case and explained the meaning of a"Stay" for the Board members. Discussion followed. CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 20, 1997 PAGE 2 Attorney Van Buren, representing Cape R & D Corporation, explained that his client was requesting a stay until the Appellate Court made a decision regarding the Board's Order. In his opinion, a granted stay would waive the ongoing fine imposed in the Board Order which began on February 20, 1997. Discussion followed. After discussion, the Board concluded that Cape R & D Corporation was entitled to a stay as requested. However, the fine would continue to be enforced. Attorney Van Buren responded that he would be filing an appeal against the Board's decision if the granting of this requested stay was not to waive the ongoing daily fine. Attorney Goldman explained that the Appellate Court could take up to approximately two years to reach a final decision regarding the appeal which had previously been filed. Discussion followed. Motion by Ms. Boone, seconded by Mrs. Russell, that the request for stay be granted for a period of time not to exceed the earlier on nine months, or the date the Appellate Court issues a Final Order in the appeal. The Order shall further provide that within twenty days of the date of this Order, the respondent/appellant shall post a cash bond with the City Clerk of the City of Cape Canaveral, Florida in the amount of five thousand dollars for any damages or fines as appropriate, beginning on February 20, 1997. Said cash bond shall be released to the respondent/appellant if it prevails upon the appeal. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 1. Case No. 96-32, Cape R & D/Fairvilla Video, (8625 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 770.1, Brevard County, Florida - Violation of Section 94-7, Conformance; Section 94-64 (F), Criteria and Standards for Measurement and Placement; and Section 94-79, Off-Premise Signs of the Cape Canaveral Code of Ordinances. This item was removed from the agenda due to the fact, that the Board granted the request for Stay. 2. Case No. 97-01, Atlantic Rentals, (6811-B N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Parcel 510.1, Brevard County, Florida -Violation of Sections 110-332, Principal Uses and Structures; 110-334, Special Exceptions Permissible by Board Adjustment of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that the case was in compliance. 3. Case No. 97-02, American Boom & Barrier, (7077 N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Parcel 500/D, Brevard County, Florida - Violation of Section 110-354, Special Exceptions Permissible by the Board of Adjustment of the Cape Canaveral Code of Ordinances. CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 20, 1997 PAGE 3 Mr. Mullins informed the Board that American Boom & Barrier had submitted a request for a special exception to allow an expansion of the fenced outside storage area. The Board of Adjustment meeting was scheduled to hear the request for Monday, March 24, 1997. Mr. Mullins requested that this compliance hearing be postponed until the next meeting. Motion by Mrs. Russell, seconded by Mrs. Warner to postpone the Compliance Hearing in Case No. 97-02 until the next scheduled meeting. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 97-03, First United Bank, (102 West Central Boulevard), Section 14, Township 24 South, Range 37 East, Parcel D-2, Titans Subdivision, Brevard County, Florida - Violation of Section 110-469, Visibility at Intersection of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. 2. Case No. 97-04, Star Enterprise/Texaco Food Mart, (7200 N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 56, Lots 1, 2, 9 & 10, Brevard County, Florida - Violation of Section 110-469, Visibility at Intersections of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. 3. Case No. 97-05, Michael & Robin Hunter, (7709 Ridgewood Avenue), Section 23, Township 24 South, Range 37 East, Block 34, Lot 21, Brevard County, Florida - Violation of Section 110-469, Visibility at Intersections of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. 4. Case No. 97-06, Patricia Harris/Canaveral Office Center, (110 Polk Avenue), Section 23, Township 24 South, Range 37 East, Block 41, Lot 13.02, Avon by the Sea, Brevard County, Florida - Violation of Section 94-35 (4), Fees of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. 5. Case No. 97-07, Willard Declue, (118 Buchanan Avenue) - Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 61, Lots 15 & 16, Brevard County, Florida - Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 20, 1997 PAGE 4 Mr. Mullins testified that this case was in compliance. 6. Case No. 97-08, Cape Citgo, (8100 Astronaut Boulevard), Section 23, Township 24 South, Range 37 East, Parcel 255, Brevard County, Florida - Violation of Section 70-75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in violation in that Cape Citgo was doing business without the required business license. He explained that the manager of Cape Citgo was not cooperative with the City regarding this violation. Mr. Mullins advised that payment for the occupational license was due on September 30, 1996 and this was a re-occurring case. Mr. Mullins noted that the fine imposed by the City was due in the amount of $31.50. Since this amount remained to be unpaid, the required license had not been issued and several attempts to request payment had failed. Mr. Mullins requested that the Board find this case in non-compliance and the maximum allowable fine, as per Florida Statutes be imposed. Discussion followed. Motion by Mrs. Warner, seconded by Mrs. Russell to find Case No. 97-08, Cape Citgo in violation as follows: Findings of Fact: Cape Citgo Service Station was engaged in business within the City of Cape Canaveral and had not renewed their occupational license. Conclusion of Law: Cape Citgo Service Station was in violation of Sections 70-69, License Required; Payment of Tax Prerequisite to Issuance and 70-71, Engaging in Business Without Paying Tax or Making Reports of the Cape Canaveral Code of Ordinances. Order: That Cape Citgo comply with the aforementioned Sections on or before April 1, 1997 by taking the following action: Renew their occupational license and pay the applicable late fees in the amount of$31.50. Upon complying, Cape Citgo shall notify Greg Mullins, a City Official. He shall notify the Board of compliance. Should Cape Citgo 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 of non- compliance and $50.00 per day thereafter, for each and every day the violation continues to exist, which shall include all costs for fees incurred by city staff. Should the violation reoccur, upon notification of the Code Enforcement Officer, a fine shall be levied in the amount of$50.00 per day, for each and every day the violation continues to exist. Vote on the motion carried unanimously. CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 20, 1997 PAGE 5 7. Case No. 97-09, Crystal Dolphin Shuttle, (310 Grant Street, #C-13), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 75, Lots 6-9, Brevard County, Florida - Violation of Section 70-75, Penalty for Failure to Obtain or Renew License in that the business owner has not renewed the occupational license. Mr. Mullins testified that this case was in compliance. 8. Case No. 97-10, TMT Enterprises, (300 Columbia Drive, #3103), Section 22, Township 24 South, Range 37 East, Columbia Plaza S/D, Lot 7, Brevard, Florida - Violation of Section 70-75, Penalty for Failure to Obtain or Renew License. Mr. Mullins testified that this case was in compliance. 9. Case No. 97-11, Stage Tech Productions, (213 Canaveral Beach Boulevard), Section 14, Township 24 South, Range 37 East, Avon by the Sea, Block 4, Lot 1, Brevard County, Florida -Violation of Section 70-75, Penalty for Failure to Obtain or Renew License. Mr. Mullins testified that this case was in compliance. 10. Case No. 97-12, Mark Dooner Lawn service, (7521 Magnolia Avenue, Unit#1), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 43, Lots 15 & 16, Brevard County, Florida - Violation of Section 70-75, Penalty for Failure to Obtain or Renew License. Mr. Mullins testified that this case was in compliance. 11. Case No. 97-13, JJK Company, (Rental Apartments - 7522 Magnolia Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 44, Lot 8, Brevard County, Florida -Violation of Section 70-75, Penalty for Failure to Obtain or Renew License. Mr. Mullins testified that this case was in compliance. 12. Case No. 97-14, Casa Del Mar Condominium Association, (7081 Ridgewood Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 67, Lots 6 & 8, Brevard County, Florida - Violation of Section 34-181, Storing, Parking or Leaving on Private Property. Mr. Mullins advised that the City did not have a towing contract with any towing companies. He further advised that the enforcement of Section 34-181 was very difficult and a lengthy process because at this time, in order to have vehicles brought into compliance or having the City tow inoperable and unlicensed vehicles, was under the discretion of individual property owners due to the fact, that the city had no place to store vehicles or any type of contract with a towing company. Discussion followed. CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 20, 1997 PAGE 6 After discussion, the Board asked that the city recognize enforcement of Section 34-181 a priority and strongly requested that the city hire a towing company as soon as possible. Mr. Mullins testified that this case remained in violation. He explained that two vehicles were not licensed and inoperable; since there were no vehicle I.D. numbers on the vehicles, he had cited the condominium association. Mr. Mullins had suggested to the President of Casa Del Mar that signs be posted for inoperable vehicles to be removed by a local towing company. Motion by Ms. Boone, seconded by Mrs. Russell to find Case No. 97-14, Casa Del Mar Condominium Association in violation as follows: Findings of Fact: There existed inoperable vehicles located on the property. Conclusion of Law: Casa Del Mar Condominium Association was in violation of Section 34-181 of the Cape Canaveral Code of Ordinances. Order: That Casa Del Mar Condominium Association shall comply with Section 34-181 of the city code of ordinances on or before April 10, 1997 by taking the following action: 1. Have tenants register, license and maintain the vehicles in an operable state; or 2. Remove the vehicles from the property. The Order shall further provide that upon compliance, Casa Del Mar Condominium Association shall notify Greg Mullins, a City Official. The City Official shall then inspect the property and notify the Board. However, upon failure to comply by April 10, 1997, there shall be a fine of$100.00 for the first day of non-compliance and $25.00 per day thereafter until compliance, which shall include all costs for fees incurred by City staff. Vote on the motion carried unanimously. 13. Case No. 97-15, Ballard and Mary Beasley, (7008 North Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 65, Lots 9, 10 & West 1/2 of Lot 11, Brevard County, Florida - Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. 14. Case No. 97-16, Kenneth Douglas and Douglas Berbua, (7081 Ridgewood Avenue, Apt. #2), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 67, Lots 6-8, Brevard County, Florida - Violation of Section 34-181, Storing, Parkin or Leaving on Private Property. CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 20, 1997 PAGE 7 Mr. Mullins testified that there had been two inoperable vehicles when this property was cited. One of the vehicles had been removed. The owner of the other vehicle had advised him that the vehicle was being repaired and should be operable by the following weekend. Motion by Ms. Boone, seconded by Mrs. Warner to find Case No. 97-16, Kenneth Douglas and Douglas Berbua in violation as follows: Findings of Fact: The existed an inoperable vehicle located on the property. Conclusion of Law: Kenneth Douglas and Douglas Berbua were in violation of Section 34-181 of the Cape Canaveral Code of Ordinances. Order: That Kenneth Douglas and Douglas Berbua shall comply with Section 34-181 of the city code of ordinances on or before April 10, 1997 by taking the following action: 1. Register, license and maintain the vehicle in an operable state; or 2. Remove the vehicle from the property. The Order shall further provide that upon compliance, Casa Del Mar Condominium Association shall notify Greg Mullins, a City Official. The City Official shall then inspect the property and notify the Board. However, upon failure to comply by April 10, 1997, there shall be a fine of$100.00 for the first day of non-compliance and $25.00 per day thereafter until compliance, which shall include all costs for fees incurred by City staff. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:07 P.M. Approved this ;n4)- day of 1997. Mary K. Russell, Chairpersod Susan L. Chapman, Secr tary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 17, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on April 17, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Vice Chairperson Warner called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT Carol Warner Vice Chairperson Walter Godfrey Thomas Stanker Donna Boone Karen Hartley Alternate MEMBERS ABSENT Mary Russell Chairperson OTHERS PRESENT Beatrice McNeely P &Z Board Chairperson Leo Nicholas P &Z Board Member Mitch Goldman Assistant City Attorney Greg Mullins Code Enforcement Officer Susan Chapman Secretary Code Enforcement Officer Greg Mullins; and citizens John Stilley, Roland Carlson, and Alan Katz were sworn in by Attorney Goldman. It was noted that the next meeting would be held on May 22, 1997. APPROVAL OF MINUTES: Motion by Mr. Godfrey, seconded by Ms. Boone to approve the meeting minutes of March 17, 1997 as presented. Vote on the motion carried unanimously. NEW BOARD MEMBER INTERVIEW: 1. Charles L. Biederman The Board members reviewed Mr. Biederman's application. Mr. Biederman advised that he was a resident of Cape Canaveral and was head of the city's Citizens on Patrol program. Following a brief interview, the Board members recommended that City Council appoint Mr. Biederman to the Board at their next scheduled meeting. CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 17, 1997 PAGE 2 COMPLIANCE HEARINGS: 1. Case No. 96-35, Montasia Entertainment International, Inc., (6355 N. Atlantic Avenue) - Sec. 23, Twp. 24S, Rge. 37E, Parcel 254, Lots 3, 4 & 5, Brevard County, Florida -Violation of Section 94-64 (F) Criteria and Standards for Measurement and Placement of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that the sign had been removed on April 10, 1997 and this case was in compliance. 2. Case No. 97-02, American Boom & Barrier, (7077 N. Atlantic Avenue) - Sec. 23, Twp. 24S, Rge.37E, Parcel 500/D, Brevard County, Florida - Violation of Section 110-354 Special Exceptions Permissible by Board of Adjustment of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that the special exception had been approved by the Board of Adjustment to expand the outside storage area at American Boom & Barrier. Mr. Mullins requested that the Board table the compliance hearing in this case until the next meeting to allow ABBCO to file for the required permit to expand the fenced area. Motion by Mr. Godfrey, seconded by Mr. Stanker to postpone the compliance hearing in Case No. 97-02 until the next scheduled meeting. Vote on the motion carried unanimously. 3. Case No. 97-08, Cape Citgo, (8100 Astronaut Boulevard) - Sec. 23, Twp. 24S, Rge. 37E, Parcel 255, Brevard County, Florida - Violation of Section 70-75 Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 4. Case No. 97-14, Casa Del Mar Condominium Association (7081 Ridgewood Avenue) - Sec. 23, Twp. 24S, Rge. 37E, Avon by the Sea Subdivision, Lots 6, 7 & 8, Block 67, Brevard County, Florida - Violation of Section 34-181 Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 5. Case No. 97-16, Kenneth Douglas and Douglas Berbua (7081 Ridgewood Avenue, Apt. 2) - Sec. 23, Twp. 24S, Rge. 37E, Avon by the Sea Subdivision, Lots 6, 7 & 8, Block 67, Brevard County, Florida - Violation of Section 34-181 Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 17, 1997 PAGE 3 PUBLIC HEARINGS: 1. Case No. 97-17, John Stilley (310 West Central Boulevard) - Sec. 15, Twp. 24S, Rge. 37E, Parcel 784, Brevard County, Florida - Violation of Code Enforcement Board Order 95-17, Outside Display Sales and Storage. Mr. Mullins testified that Mr. Stilley was the owner of the property located at 310 West Central Boulevard. He explained that in 1995, the Board had found Mr. Stilley in violation at this same location for outside storage and sales. Mr. Mullins entered the Board Order (Exhibit A) and advised that on Friday, March 15, 1997 he had observed Mr. Carlson, a tenant, displaying sale items outside the warehouse in violation of the city code. Mr. Mullins had witnessed the sales activities throughout the weekend. Mr. Mullins further testified that this was considered a yard sale. He advised that yard sales were not permissible in the M-1 zoning district and this was a repeat violation of the Board Order imposed in Case No. 95-17. Mr. Mullins had informed Mr. Stilley via telephone of the repeat violation. Mr. Stilley had stated that he was not aware that his tenant was having weekend sales. Mr. Mullins had followed with a letter to Mr. Stilley advising him of the repeat violation. Mr. Stilley had received the letter on March 21, 1997. Mr. Mullins submitted photographs of items being stored on a trailer that he had taken on March 17, 1997 (Exhibit B). Mr. Mullins verified that on Thursday, March 21, 1997, the trailer of the items displayed for sale had been removed from the property. Mr. Mullins added that this was not the only instance since 1995 that Mr. Carlson was advised that yard sales were not allowed at this location. Mr. Mullins advised that he had driven by the property on this meeting date and observed that the property was in compliance. Mr. Carlson, tenant, stated for the record, that he was a U.S. citizen and had certain rights. One of those rights, was to acquire property and to sell the property when he needed to support himself. He added that where he sells his belongings, as far as the constitution states, unless he is in violation of public safety and morals, than no one could tell him how or where to do it. He advised that there had been no complaints from the public. He stated that the only ones complaining was the city. Mr. Carlson advised that he was never cited or served with a violation notice. He advised that he utilized Mr. Stilley's storage facility because he was an alcoholic and occupied his time their when he was not on the boat. He explained that the city was discriminating against him from allowing him to continue his life style. City Attorney Goldman clarified for Mr. Carlson that he was not being cited for a violation as a tenant, but rather, Mr. Stilley was cited because he was the property owner and the city was not required to give the tenant notice. Mr. Stilley testified that when he was cited in 1995, he expressly told his tenant (Mr. Carlson), that he didn't care what he did, just don't get him in trouble. Vice Chairperson Warner suggested to Mr. Stilley that he should care because as the property owner, he was responsible for his tenants. He advised that it was very difficult to control his tenants when he was not their all the time. CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 17, 1997 PAGE 4 Mr. Goldman read from Florida Statutes, Section 162.09 which stated that a fine could be imposed for each day that a repeat violation continued past the day notice to the violator was received. It was clarified that Mr. Stilley was notified of the repeat violation on March 21, 1997, which was the same day the property was brought into compliance. Therefore, there would be no fine imposed for this repeat violation. Brief discussion followed. Motion by Mrs. Warner, seconded by Mr. Godfrey to find Case No. 97-17 in compliance since he did remove the sales materials from the property upon notification and that this case be dismissed. Vote on the motion carried unanimously. Mrs. Warner noted that Mr. Carlson and Mr. Stilley were now aware that there was to be no sales on the property. Mr. Carlson responded that if he is stopped again by the city, then he would be filing an injunction against the city. 2. Case No. 97-18, Douglas & Janet Melvin (6850-7090 North Atlantic Avenue) - Sec 23, Twp. 24S, Rge. 37E, Avon by the Sea Lots 1-3 and 9-12, Block 73, Brevard County, Florida - Violation of Sections 34-97 Duties and Responsibilities for Maintenance and 34- 181 Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in partial compliance. He advised that the grass was mowed, weeds and some debris had been removed. He advised that he had been trying to work with Mr. Melvin for approximately one month to have an old vehicle removed from the property however, the Mr. Melvin had simply relocated to vehicle to the back of his building. Mr. Alan Katz, an adjacent property owner, advised that his tenants were complaining because the vehicle had been relocated next to his property and vagrants were living in it. The windows were all broken out of the vehicle and the vehicle was clearly a hazard. Mr. Katz further advised that debris were being stored in back of the building which was adjacent to his property and an eyesore. Motion by Ms. Boone, seconded by Mr. Stanker to find Case No. 97-18 Douglas and Janet Melvin in violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact: An inoperable vehicle and debris were located on the property. Conclusion of Law: Douglas and Janet Melvin were in violation of Sections 34-97 Duties and Responsibilities for Maintenance and 34-181 Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Order: That Douglas and Janet Melvin shall comply with the aforementioned Sections on or before May 15, 1997 by taking the following actbn: Remove the vehicle and debris from the property. CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 17, 1997 PAGE 5 The Order shall further provide that upon compliance, Douglas and Janet Melvin shall notify Greg Mullins, a City Official. The City Official shall then inspect the property and notify the Board. However, upon failure to comply by May 15, 1997, there shall be a fine of $100.00 for the first day of non-compliance and $25.00 per day thereafter until compliance. Vote on the motion carried unanimously. 3. Case No. 97-19 Harry Carswell and W. Meadlock (201-215 Washington Avenue) - Sec 23, Twp. 24S, Rge. 37E, Avon by the Sea, Lots 1 & 2, Block 2, Brevard County, Florida - Violation of Sections 34-97 Duties and Responsibilities for Maintenance and 34-98 Building Appearance and Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 4. Case No. 97-20, Klaus & Ari Wilckens (276 Polk Avenue) - Sec. 23, Twp 24S, Rge 37E, Avon by the Sea, Lot 1, Block 52, Brevard County, Florida - Violation of Section 34-181 Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 5. Case No. 97-21, John Bolanowski, (203 B Long Point Road) - Sec 14, Twp 24S, Rge. 37E, Avon by the Sea, Lot 12, Block 20, Brevard County, Florida - Violation of Section 34- 181 Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was not in compliance. He advised that the City had been receiving complaints from residents of Long Point Road, almost on a daily basis, regarding an inoperable vehicle and a motor located on the property. Mr. Mullins submitted a photograph of the property (Exhibit A). He advised that the property owner was duly notified of the violation and was aware of the violation. Brief discussion followed. Motion by Ms. Boone, seconded by Mr. Stanker to find Case No. 97-21, John Bolanowski in violation as follows: Findings of Fact: There existed an inoperable vehicle and motor on the property. Conclusion of Law: John Bolanowski was in violation of Section 34-181 Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Order: That John Bolanowski shall comply with the aforementioned Section of the City code on or before May 15, 1997 by taking the following action: Register, tag and maintain the vehicle; or remove the vehicle and motor from the property. CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 17, 1997 PAGE 6 The Order shall further provide that upon compliance, John Bolanowski shall notify Greg Mullins, a City Official. The City Official shall then inspect the property and notify the Board. However, upon failure to comply by May 15, 1997, there shall be a fine of$100.00 for the first day of non-compliance and $25.00 per day thereafter until compliance. Vote on the motion carried unanimously. 6. Case No. 97-22 James Murphy, (212/214 Monroe Avenue) - Sec. 14, Twp 24S, Rge 37E, Avon by the Sea, Lot 12, Block 20, Brevard County Florida - Violation of Section 34-181 Storing, Parking or Leaving on Private Property. Code Enforcement Officer Mullins testified that this case was in compliance. There being no further business, the meeting was adjourned at 8:23 P.M. Approved this .wL day of f'1'1CiJ 1997. Mary K. sell, Chairperson Susan L. Chapman, Sec etary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MAY 22, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on May 22, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Donna Boone Karen Hartley Charles Biederman Alternate MEMBERS ABSENT Carol Warner Vice Chairperson Walter Godfrey Thomas Stanker OTHERS PRESENT Rocky Randels Mayor Pro-Tem Beatrice McNeely P &Z Board Chairperson Mitch Goldman Assistant City Attorney Greg Mullins Code Enforcement Officer Susan Chapman Secretary Code Enforcement Officer Greg Mullins; Dorothy Smith and Tamara Groska, citizens, were sworn in by Attorney Goldman. It was noted that the next meeting would be held on June 19, 1997. Motion by Ms. Boone, seconded by Ms. Hartley to approve the meeting minutes of April 17, 1997 as presented. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 1. Case No. 97-02, American Boom & Barrier, (7077 N. Atlantic Ave.), Section 23, Township 24 South, Range 37 East, Parcel 500/D, Brevard County, Florida -Violation of Section 110- 354, Special Exceptions Permissible by Board of Adjustments. CODE ENFORCEMENT BOARD MEETING MINUTES MAY 22, 1997 PAGE 2 Code Enforcement Officer Mullins testified that this case was in compliance. 2. Case No. 97-18, Douglas & Janet Melvin, (6850/7090 N. Atlantic Ave.), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 73, Lots 1-3 & 9-12, Brevard County, Florida - Violation of Sections 34-97, Duties and Responsibilities for Maintenance and 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. PUBLIC HEARINGS: 1. Case No. 97-23, Francis Watson (8911 N. Atlantic Ave., Lot #1), Section 14, Township 24 South, Range 37 East, Parcels 251.2 & 258.1, Brevard County, Florida - Violation of Section 110-106, Permits Required of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 2. Code No. 97-24, Professional Automotive Sales & Service, (8698 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 802, Brevard County, Florida - Violation of Sections 110-352, Principal Uses and Structures, Chapter 70, Taxation, 70-75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that Professional Automotive had been leasing U-Haul equipment for several years without a business license. He informed the Board that this use was not a permissible or allowed by special exception in the M-1 zoning district. Brief discussion followed. Motion by Ms. Boone, seconded by Mrs. Hartley to find Case No. 97-24 in violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact: Professional Automotive Sales & Service was operating a U-Haul equipment leasing business in the M-1 zoning district. Conclusion of Law: Professional Automotive Sales & Service was in violation of Sections 110-352, Principal Uses and Structures; and 110-353, Accessory Uses and Structures of the Cape Canaveral Code of Ordinances. Order: That Professional Automotive Sales & Service comply with the aforementioned Sections on or before June 12, 1997 by taking the following action: Discontinue leasing equipment. CODE ENFORCEMENT BOARD MEETING MINUTES MAY 22, 1997 PAGE 3 Upon complying, Professional Automotive Sales & Service shall notify Greg Mullins, a City Official. He shall notify the Board of compliance. Should Professional Automotive Sales & Service 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$150.00 for the first day of non-compliance and $25.00 per day thereafter, for each and every day the violation continues to exist, which shall include all costs for fees incurred by City staff. Vote on the motion carried unanimously. 3. Case No. 97-25, Patricia Goebel, (116-118 Lincoln Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Lot 15, Block 65, Brevard County, Florida - Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 4. Case No. 97-26, Ocean Carpets, (8555 Astronaut Blvd.), Section 25, Township 24 South, Range 37 East, Parcel 761, Brevard County, Florida - Violation of Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 5. Case No. 97-27, Tamara Groska, (412 Monroe Av., Apt. K-101), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Lot 12, Block 20, Brevard County, Florida - Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins submitted a photograph of the inoperable red pontiac firebird (Exhibit A). Ms. Groska testified that she was the owner of the vehicle. She explained that she was waiting for a duplicate title; when received, she would be donating the vehicle to charity. Ms. Groska respectfully requested a three week time extension. Brief discussion followed. Motion by Chairperson Russell, seconded by Mr. Biederman to table Case No. 97-27 until the July, 1997 meeting. Vote on the motion carried unanimously. 6. Case No. 97-28, Albert J. Francis (210 Harbor Drive), Section 14, Township 24 South, Range 37 East, Harbor Heights - 1 st Addition, Lot 67, Brevard County, Florida -Violation of Section 110-106, Permits Required and 110-468, Accessory Structures of the Cape Canaveral Code of Ordinances. CODE ENFORCEMENT BOARD MEETING MINUTES MAY 22, 1997 PAGE 4 Mr. Mullins advised that there existed an unpermitted large wooden skateboard ramp, erected on the rear of the property which was located in the R-1 single family residential zoning district. He explained that the skateboard ramp was of homemade construction, not engineered, which the Building department considered an unsafe structure. Code Enforcement Officer Mullins entered an undated letter from Mr. Francis the property owner, which had been received in the Building department the day prior to this meeting, requesting that this case be postponed until the June meeting, due to the fact that Mr. Francis was out of town. The Board members reviewed the letter. Attorney Goldman advised that it was at the Board's descretion whether or not to postpone the hearing. After reviewing Mr. Francis' letter and consideration of the structure, which was determined unsafe by city staff, the Board agreed to proceed with the hearing. Mr. Mullins entered the Building Official's Formal Code Interpretation (Exhibit B) of City Code Section 110-273, Accessory Structures and Uses. He advised that it was the Building Official's opinion that a skateboard ramp was not a customary accessory use in a residential zoning district, and therefore, was a prohibited use. Mr. Mullins explained that it was the Building Official's opinion that the unsafe structure could not be compared to playground equipment because the skateboard ramp was not designed and tested for safety requirements by the manufacturer. Mr. Mullins entered photographs of the skateboard ramp. He explained that Mr. Francis' daughter would not allow him to take pictures of the ramp, and therefore, the photos were taken from a neighbors' property (Exhibit C). While the Board members were reviewing the photographs, Mr. Mullins further testified that the skateboard ramp was erected a year ago January, initially it was located in the front yard of the property and moved to the rear of the property within a fenced area. He added that fence slats were broken from the kids banging into the fence and the structure was in violation of the setback requirements. Mr. Mullins entered police reports from the neighbors (Exhibit D). He explained that the reports were concerning noise disturbances. Mr. Mullins advised that it was the city's policy to work pro- actively by not requiring citizens to make complaints in writing, in order to initiate code enforcement action. Mrs. Dorothy Smith, owner of 205 Harbor Drive, testified that she always got along with her neighbor and helped Mr. Francis' daughter and her children when they were in need. There friendship had subsided when Mr. Francis' daughter was continually uncooperative when asked by her neighbors to turn down the noise. Mrs. Smith advised that she could not open her doors or windows because of the noise. She explained that kids from all over came to use the skateboard ramp and that several neighbors continuously complained about the noise, however, they were not at the meeting because of fear for retribution. She advised that the kids parked there vehicles in the street and in a vacant lot. Mrs. Smith noted that her property value had decreased substantially because of the noise and the ramp being adjacent to her property. Chairperson Russell requested that the C.O.P. officers patrol the area on a regular basis. CODE ENFORCEMENT BOARD MEETING MINUTES MAY 22, 1997 PAGE 5 Code Enforcement Officer Mullins entered a survey of Mr. Francis' property (Exhibit E) and reiterated that the structure was located within the required rear setback. Mr. Mullins advised that research revealed that there were no skateboard ramps located in adjacent city's (that had been legally permitted) or any others in the City. Discussion followed. Mr. Mullins further testified that no house numbers were posted on the building in violation of the City code of ordinances. Motion by Ms. Boone, seconded by Chairperson Russell to find Case No. 97-28 in violation of the City Code of Ordinances as follows: FINDINGS OF FACT: That a large wooden skateboard ramp had been erected on the rear of the property in the R-1 zoning district and street address numbers were not posted on the building. CONCLUSION OF LAW: Albert J. Francis was in violation of Sections 82-371, Posting of Numbers; 110-106, Permits Required; and 110-468, Accessory Structures of the Cape Canaveral Code of Ordinances. ORDER: That Albert J. Francis comply with the aforementioned Sections of the City code on or before June 12, 1997 by taking the following action: 1. Dismantle and remove the skateboard ramp from the property and properly dispose of the debris. 2. Post address numbers on the building. Upon complying, Albert J. Francis shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board of compliance. Should Albert J. Francis fail to comply on or before June 12, 1997 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$150.00 for the first day of non-compliance and $25.00 per day thereafter, for each and every day the violation exists and continues to exist, plus any fees for costs incurred by city staff. Vote on the motion, as amended, carried unanimously. CODE ENFORCEMENT BOARD MEETING MINUTES MAY 22, 1997 PAGE 6 There being no further business, the meeting was adjourned at 8:25 P.M. Approved this day of J _ 1997. Mary K. Russell, Chairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 19, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on June 19, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT Carol Warner Vice Chairperson Donna Boone Karen Hartley Charles Biederman Alternate MEMBERS ABSENT Mary Russell Chairperson Walter Godfrey Thomas Stanker OTHERS PRESENT Beatrice McNeely P &Z Board Chairperson Mitch Goldman Assistant City Attorney James Watson Fire Marshal Greg Mullins Code Enforcement Officer Susan Chapman Secretary Code Enforcement Officer Greg Mullins; Fire Marshal James Watson; and citizen Burt Francis were sworn in by Attorney Goldman. It was noted that the next meeting would be held on July 17, 1997. Motion by Ms. Boone, seconded by Mr. Biederman to approve the meeting minutes of May 22, 1997 as presented. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 1. Case No. 97-24, Professional Automotive, (8698 Commerce Street), Section 15, Township 24 South, Rang 37 East, Parcel 802, Brevard County, Florida - Violation of Sections 110- 352, Principal Uses and Structures and 110-353, Accessory Uses and Structures of the Cape Canaveral Code of Ordinances. CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 19, 1997 PAGE 2 Code Enforcement Officer Mullins testified that this case was in compliance. 2. Case No. 97-28, Albert Francis, (210 Harbor Drive), Section 14, Township 24 South, Range 37 East, Harbor Heights 1st Addition, Lot 67, Brevard County, Florida - Violation of Sections 82-371, Principal Uses and Structures, 110-106, Permits Required, and 110-468, Accessory Structures of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that no effort had been made to bring this property into compliance. Mr. Mullins submitted a letter from Mr. Francis requesting a rehearing (Exhibit A). Mr. Francis testified that the skateboard ramp had been constructed by his daughter; he had submitted a letter prior to the previous meeting advising the Board that he would be out of town and would be unavailable to attend the meeting, he resented that fact that the Board heard the case without his being available to speak to the Board at that meeting. He questioned what was a reasonable time for a citizen to appear before the board and believed that a notice dated five days prior to the meeting was insufficient. Mr. Francis then questioned the definition of an"accessory structure". Attorney Goldman explained to Mr. Francis that the Board had already heard the case and found that the case was in non-compliance of the city code. Vice Chairperson Warner cited the code sections in which Mr. Francis had been found in violation of. Mr. Francis read a letter from Terry Sigman, his daughter into the record (Exhibit A), and a photograph of the skateboard ramp (Exhibit B). Mr. Francis testified that the skateboard ramp had been disassembled so that it was not usable, the structure was still located on the property and he had no intentions of removing it from the property. Mr. Goldman summarized that the Board had found the case in non-compliance of the city code at the last meeting based on the evidence and testimony of the city code enforcement officer and clarified that it was at the Board's discretion whether or not to rehear the case or extend the compliance date. Discussion followed. Discussion continued. Ms. Boone questioned if the house numbers had been posted. Mr. Mullins testified that he did not witness the numbers on the building. Mr. Francis responded that the house numbers were placed on the front door. Mr. Mullins advised that the house numbers had to be clearly visible from the street in order to meet the code requirement and he would revisit the property to verify that they had been posted. Motion by Ms. Boone, seconded by Mr. Biederman to extend the compliance date in Case No. 97-28 until July 10, 1997 and that the imposed fine be held in abeyance until that date. Vote on the motion carried unanimously. CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 19, 1997 PAGE 3 PUBLIC HEARINGS: 1. Case No. 97-29, Myfryn Thomas & Thomas Collins, (145 E. Central Blvd.), Section 14, Township 24 South, Range 37 East, Cape Canaveral Beach Gardens, Block 3, Lot 12.01, Brevard County, Florida -Violation of NFPA 101, 1994 Edition, Chapter 19-3.4.4, Detection and Section 38-7, Smoke Detectors to Have Battery Backup. Fire Marshal Watson testified that the property owner had applied for the required permit to install the smoke detectors and requested that this case be postponed until the next meeting. Motion by Ms. Boone, seconded by Mrs. Hartley to postpone Case No. 97-29 until the next meeting. Vote on the motion carried unanimously. 2. Case No. 97-30, Magma Trading Corp. (307 Adams Avenue/Avon Arms Apts.), Section 23, Township 24 South, Range 37 East, Block 9, Lots 3, 4 & 5, Brevard County, Florida - Violation of NFPA 101, 1994 Edition, Chapter 19-3.4.4, Detection, and Section 38-7, Smoke Detectors to Have Battery Backup. Mr. Goldman advised that Magma Trading Corp. was a client of his firm, however, he had no conflicts with advising the Board. Fire Marshal Watson testified that a notice of violation had been issued on November 2, 1994 (Exhibit A) and again on April 7, 1997 (Exhibit B). He clarified that Magma Trading Corp. had three years to correct the life safety violation. Mr. Watson requested that the maximum allowable fine be imposed against the property owner for this life safety violation. Motion by Ms. Boone, seconded by Mrs. Hartley to find Case No. 97-30, Magma Trading Corp. in violation as follows: Findings of Fact: Smoke detectors were not installed. Conclusion of Law: Magma Trading Corp. was in violation of NFPA 101, 1994 Edition, Chapter 19-3.4.4; and Section 38-7 of the Cape Canaveral Code of Ordinances. Order: That Magma Trading Corp. shall comply with the aforementioned Sections on or before July 10, 1997 by taking the following action: Install a smoke detector in each individual unit that is hard wired with a battery backup. Upon complying, Magma Trading Corp. shall notify James Watson, a City Official, in writing. He shall inspect the property and notify the Board of compliance. CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 19, 1997 PAGE 4 Should Magma Trading Corp. 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 of non-compliance and $50.00 per day thereafter, for each and every day the violation exists and continues to exist. Should the violation reoccur, upon notice of the code enforcement officer, a fine shall be levied in the amount of $100.00 per day for each and every day until the property was brought into compliance, which shall include all costs for fees incurred by City staff. Vote on the motion carried unanimously. 3. Case No. 97-31, Thomas Garboski, Section 15, Township 24 South, Range 37 East, Canaveral Beach Gardens, Block 7, Lot 1.01, Brevard County, Florida -Violation of Section 62-11, Unlawful Acts of the Cape Canaveral Code of Ordinances. Mr. Mullins advised that this case was in compliance. 4. Case No. 97-32, John Bolanowski, (6920 Ridgewood Avenue/8060, 8058, 8056, 8054 Sunset Court), Section 23, Township 24 South, Range 37 East, Block 72, Lot 1, Sunset Arms Townhomes, Lots 2, 3, 4 & 5, Brevard County, Florida - Violation of Section 82-371, Posting and Specification of Numbers of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. There being no further business, the meeting was adjourned at 8:12 P.M. Approved this day of 1997. ✓l Mary K. sell, Chairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on July 17, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Member Donna Boone called the meeting to order at 7:35 P.M. The Secretary called the roll. MEMBERS PRESENT Donna Boone Walter Godfrey late Karen Hartley Thomas Stanker Charles Biederman Alternate MEMBERS ABSENT Mary Russell Chairperson Carol Warner Vice Chairperson OTHERS PRESENT Beatrice McNeely P &Z Board Chairperson Mitch Goldman Assistant City Attorney James Watson Fire Marshal Greg Mullins Code Enforcement Officer Susan Chapman Secretary Code Enforcement Officer Greg Mullins; Fire Marshal James Watson; and citizens, Marion McQuaid, Bert Francis, Teri Sigman and Bill Hodge were sworn in by Attorney Goldman. It was noted that the next meeting would be held on August 21, 1997. Motion by Mr. Biederman, seconded by Mr. Stanker to approve the meeting minutes of June 19, 1997 as amended. Vote on the motion carried unanimously. CODE ENFORCEMENT BOARD MEETING MINUTES JULY 17, 1997 PAGE 2 COMPLIANCE HEARINGS: 1. Case No. 97-30, Magma Trading Corp., (307 Adams Avenue, Avon Arms Apartments), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 9, Lots 3, 4 & 5, Brevard County, Florida - Violation of NFPA 101, 1994 Edition, Chapter 19-3.4.4, Detection, and Cape Canaveral Code of Ordinances, Section 38-7, Smoke Detectors to Have Battery Backup. Assistant City Attorney Goldman advised that Magma Trading Corporation was a client of his firm, and rendered a conflict of interest. He suggested that since there were apparent factual and legal issues regarding this case, the City should seek a different legal council to advise the Board. Motion by Mr. Stanker, seconded by Mr. Biederman to postpone the compliance hearing until the next scheduled meeting. Vote on the motion carried unanimously. 2. Case No. 97-28, Albert Francis, (210 Harbor Drive), Section 14, Township 24 South, Range 37 East, Harbor Heights 1 st Addition, Lot 67, Brevard County, Florida - Violation of Sections 82-371, Principal Uses and Structures, 110-106, Permits Required, and 110-468, Accessory Structures of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins submitted a letter from Mr. Francis dated July 7, 1997. He testified that an inspection made on July 11, 1997 revealed that this case was in non-compliance of the Board's Extended Order rendered on June 19, 1997. Mr. Francis testified that at the advise of Chairperson Russell, he had submitted a letter to the Board that requested postponement of the initial hearing because, he would be out-of-town and questioned the Board's authority to hear the case without him being present at that meeting. He further testified that the skateboard ramp was disassembled however, the remaining parts were still on the property because, he was requesting a rehearing and believed that no decision should be rendered by the Board until he had an opportunity to be heard. Discussion followed. Assistant City Attorney Goldman recapped that the Board had considered testimony at the initial hearing; Mr. Francis was given proper notification of the initial hearing, in a timely manner; the Chairperson at that meeting had read the Mr. Francis' letter into the record; his request to postpone the initial hearing was considered by the Board members; the required building permit was not obtained by the property owner for the accessory structure; there was nothing under the law that prohibited the Board from hearing a case without the alleged violator being present at the hearing; and Mr. Francis had the right to file an appeal against the Board's decision by petitioning the Circuit Court. Discussion followed. CODE ENFORCEMENT BOARD MEETING MINUTES JULY 17, 1997 PAGE 3 Terry Sigman, resident at 210 Harbor Drive, voiced her opinion that the skateboard ramp was recreational equipment for children. She noted that over 80 phone calls had been received, some were engineers that offered to build the ramp to city specifications. She respectfully requested that the Board grant a rehearing of this case. Discussion followed. Assistant City Attorney Goldman clarified that at this compliance hearing, the Board should only consider finding the property in compliance or non-compliance; extend the Board Order compliance date; or grant a rehearing. Discussion continued. Motion by Mr. Stanker, seconded by Mrs. Hartley to grant this case a rehearing, to be scheduled at the next meeting. Vote on the motion was as follows: Charles Biederman -for Donna Boone - against Karen Hartley-for Walter Godfrey - abstain (due to the fact that he was not present at the meetings when the Board rendered the Orders) Thomas Stanker-for Motion carried by a (3 to 1) majority vote. PUBLIC HEARINGS: 1. Case No. 97-29, Myfryn Thomas & Thomas Collins, (145 E. Central Blvd.), Section 14, Township 24 South, Range 37 East, Cape Canaveral Beach Gardens, Block 3, Lot 12 01, Brevard County, Florida - Violation of NFPA 101, 1994 Edition, Chapter 19-3.4.4, Detection, and Section 38-7, Smoke Detectors to Have Battery Backup. Fire Marshal James Watson testified that this case was in compliance. 2. Case No. 97-27, Tamara Groska, (412 Monroe Avenue, Apt. K-101), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 20, Lot 12, Brevard County, Florida-- Violation of Section 34-181, Storing, Parking or Leaving on Private Property. Code Enforcement Officer Mullins testified that this case was in compliance. 3. Case No. 97-33, JJK Company, (7522 Magnolia Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 43, Lots 9 & 10, Brevard County, Florida -Violation of Chapter 82, Building and Building Regulations and Section 82-371, Posting and Specification of Numbers. CODE ENFORCEMENT BOARD MEETING MINUTES JULY 17, 1997 PAGE 4 Code Enforcement Officer Mullins testified that the individual apartment numbers had been posted. However, the principal building address was not displayed on the building. Brief discussion followed. Motion by Mr. Godfrey, seconded by Mr. Biederman to table Case No. 97-33 until the next scheduled meeting. Vote on the motion carried unanimously. 4. Case No. 97-34, Jeff& Sandra Rich, (8200 Astronaut Boulevard), Section 23, Township 24 South, Range 37 East, Parcel 286, Brevard County, Florida - Violation of Chapter 34, Environment; Section 34-97, Duties and Responsibilities for Maintenance; Chapter 94, Signs; and Section 94-61, Restrictions on Placement of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins submitted photographs of the property (Exhibit A). He advised that the property owners were being cooperative and some progress had been made in an effort to bring the property into compliance. He advised that there remained two sign frames that needed to be removed and overgrowth existed in the flower box. Brief discussion followed. Motion by Mr. Stanker, seconded by Mr. Godfrey to find Case No. 97-34 in Violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact : There existed overgrowth of weeds upon the property within the flower box; and two unpermitted sign frames had been attached to two light poles. Conclusion of Law: Jeff & Sandra Rich were in violation of Sections 34-97, Duties and Responsibilities for Maintenance and 94-61, Restrictions on Placement of the Cape Canaveral Code of Ordinances. Order: That Jeff & Sandra Rich shall comply with the aforementioned Sections on or before August 14, 1997 by taking the following action: 1. Remove all weeds from the flower box. 2. Remove both unpermitted sign frames from the light poles within the parking lot. Upon complying, Jeff & Sandra Rich shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board. Should Jeff& 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 $100.00 for the first day of non-compliance and $25.00 per day, thereafter, for each and every day the violation continues to exist, which shall include all costs for fees incurred by city staff. CODE ENFORCEMENT BOARD MEETING MINUTES JULY 17, 1997 PAGE 5 Should the violation reoccur, upon notification of the Code Enforcement Officer, a fine shall be levied in the amount of $25.00 per day, for each and every day the violation continues to exist. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 8:32 P.M. 04 Approved this day of , 1997. Mary K. Oissell, Chairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 21, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on August 21, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral,Florida. Chairperson Mary Russell called the meeting to order at 7:30 p.m. The Acting Secretary called the roll. MEMBERS PRESENT Charles Biederman Alternate Donna Boone Karen Hartley Mary Russell Chairperson Thomas Stanker Carol Warner Vice Chairperson MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Beatrice McNeely P&Z Board Chairperson Mitch Goldman Assistant City Attorney Kim McIntire Acting Secretary G. J. "Whitey"Moran Building Official Greg Mullins Code Enforcement Officer Motion by Ms. Warner to approve the meeting minutes of July 17, 1997 as amended. Vote on the motion carried unanimously. It was noted that the next meeting would be held on September 18, 1997. Ms. Russell requested that members unable to attend this meeting,please notify Ms. McIntire,Acting Secretary. Ms. Russell stated she would like to address reappointments to the Code Enforcement Board even though this item was not on the agenda. She noted that her reappointment as well as Mr. Godfrey and Mr. Stanker were due. She advised members that Mr. Stanker would be moving out of the city and,therefore,would be unable to remain on the board. Ms. Russell noted that she was willing to continue serving on the board and requested that staff notify Mr. Godfrey. Code Enforcement Officer Greg Mullins, Building Official G. J. "Whitey" Moran, and citizens, Bert Francis,Bill Hodge,Teri Sigman and Terry Bohak were sworn in by Attorney Goldman. Code Enforcement Board Page Two August 21, 1997 COMPLIANCE HEARINGS: 1. Case No. 97-30, Magma Trading Corp., (307 Adams Ave., Avon Arms Apts.), Section 23, Township 24 South, Range 37 East, Avon-Bv-The-Sea, Block 9, Lots 3,4,5, Brevard County, Florida-Violation of NFPA 101, 1994 Edition, Chapter 19-3.4.4, Detection, and Cape Canaveral Code of Ordinances, Section 38-7 Smoke Detectors to Have Battery Backup. Code Enforcement Officer Mullins testified that this case was in compliance and distributed an independent counsel recording of the building official's determination. Motion by Mr. Stanker, seconded by Mr. Biederman that Case No. 97-30 was in compliance. Motion on the vote was as follows: Charles Biederman For Donna Boone For Karen Hartley For Mary Russell For Thomas Stanker For Carol Warner For 2. Case No. 97-34, Jeff and Sandra Rich, (8200 Astronaut Blvd.), Section 23, Township 24 South, Range 37 East, Parcel 286, Brevard County, Florida Violation of Chapter 34 Environment, Section 34-97 Duties and Responsibilities for Maintenance and Chapter 94 Signs, Section 94-61 Restrictions on Placement. Code Enforcement Officer Mullins testified that this case was in compliance. Motion by Ms.Warner, seconded by Mr. Stanker that Case No. 97-34 was in compliance. Motion on the vote was as follows: Charles Biederman For Donna Boone For Karen Hartley For Mary Russell For Thomas Stanker For Carol Warner For PUBLIC HEARINGS: 1. Case No. 97-28, Albert Francis (210 Harbor Drive), Section 14, Township 24 South, Range 37 East, Harbor Heights 1st Addition, Lot 67, Brevard County, Florida - Violation of Section 82-371 Posting of Address Numbers, Section 110-106 Permits Required and Section 110- 468 Accessory Structures. Code Enforcement Board Page Three August 21, 1997 Mr. Mullins testified that the property owner, Mr. Francis, and the resident, Terri Sigman, had erected a skateboard ramp measuring 16'x26'. Mr. Mullins distributed pictures of said skateboard to members. Mr. Mullins also testified there were some accessory pieces lying in the back yard which added to the 400+ square footage of the structure. Mr. Mullins stated that the present zoning ordinance stated that an accessory use or structure must be customary, incidental and subordinate to the principal structure and that the subject property was located in a R-1, low density residential district. Mr. Mullins stated that anything built within the city that was erected, constructed or made up of construction material with a value of over $100, including labor and materials, required a building permit. Per Section 110-106, no structure shall be erected until the building department approves the plans. Mr. Mullins testified that the building department never received any plans for the structure itself. Mr. Mullins further stated that skateboard ramps were not listed anywhere in the city's zoning codes-as approved,accessory structures. Per Section 110-273, R-1 low density residential district, accessory uses are allowed that are customary to and clearly incidental and subordinate to the principal structure, which is the single family dwelling. These uses include car ports, sheds, garages and pools. Further, per Section 110-275, any uses not listed including two family, multi family dwelling townhomes, are prohibited. Mr. Mullins testified that the lot in question measured 75'x100' and the maximum coverage permitted on the lot is 40 percent. Further, the setback on the property is 25' on the rear and nothing can be put into that area except something permitted that takes up to 30% of the required rear setback. The structure in question exceeds what a permitted accessory structure would be allowed; i.e., it takes up more than the required rear setback that is allowed. In the city's opinion, it is an unsafe structure and does not meet any engineering or hurricane requirements;therefore,the city would like to see the structure removed. Mr. Mullins stated there was an interpretation by the building official included in the members' packets which stated that a skateboard ramp was not considered a customary, accessory use in a single family residential district. In response to Ms. Boone's query regarding the relevancy of whether the skateboard ramp was or was not an accessory structure, Ms. Russell stated that what was relevant was that if it was an accessory structure, it must be specifically stated within the ordinance and by the fact that it was not specifically stated, it was not allowable. Ms. Russell asked if a building pennit for the skateboard ramp had been applied for,would the city have granted said permit. Mr. Moran responded that the city was not given the opportunity to deny a building permit; however, had it been applied for, it would have been denied based on the code section as written. It was Mr. Moran's opinion that the skateboard ramp was not a customary, accessory use in a R-1 zoning district. Mr. Goldman referred members to Section 110-273, Subsection 3, which stated accessory structures shall be permitted if they are customary accessory uses of a residential nature, clearly Code Enforcement Board Page Four August 21, 1997 incidental and subordinate to the principal use including garages, car ports and the like in keeping with the residential character of the district. He said it was up to the board to determine what meets that criteria; however, it must be subordinate to the customary use and the customary use in R-1 is residential. He further stated that there were a number of factors that the board could consider in determining whether a user structure was accessory; such as the size of the land involved, the nature of the primary use, the use made of the adjacent lots by neighbors, the economic structure of the area and whether similar uses or structures exist in the neighborhood on an accessory basis. In response to Ms. Boone's query regarding other skateboard ramps in the area, Mr. Mullins responded that to his knowledge there were no skateboard ramps of that size in the area. Mr. Moran further stated that he had surveyed all the local municipalities and none of them considered skateboard ramps as customary, accessory uses in a residential district. He further stated that he based his opinion on a case cited in a recent Building Permits Law Bulletin, a copy of which is attached and made a part of the minutes. Mr. Mullins testified that this case was in compliance with Section 82-371, Posting of Address Numbers. Discussion followed relating to coverage and setbacks. Ms. Hartley asked if in the event a structure was being built without first pulling a permit, was there a procedure whereby the city could notify the individual so that he could apply for said permit. Mr. Mullins stated there was a procedure; however in this case, it was not explored by the resident. Therefore,the city had to take code enforcement action. Mr. Francis thanked Mrs. Hartley, Mr. Biederman and Mr. Stanker for voting to give him the opportunity for a rehearing and requested that Mrs. Boone remove herself from this evening's hearing. Attorney Goldman advised Mr. Francis that this was not appropriate and the only way a board member could remove himself or herself from voting was if there was a conflict of interest. In response to Mr. Mullins' testimony, Mr. Francis stated that in his opinion the skateboard ramp was not an accessory structure,but a temporary recreational structure. He did say that application for a permit should have been made to the city. Ms. Sigman stated that she was unaware that a building permit was required by the city or she would have applied for said permit. She felt that the skateboard ramp would provide a safe, supervised area in which children could play in the backyard and not on the streets and public parking lots. Ms. Sigman discussed accessory structures, neighbors complaints and her opinion as to the safeness of the ramp. Ms. Russell stated to Ms. Sigman that the issue at this evening's meeting was not whether the board was pro or con skateboard ramps,but rather a discussion of whether a skateboard ramp with Code Enforcement Board Page Five August 21, 1997 the dimensions of the one in Ms. Sigman's rear yard was allowable in a residential, single family neighborhood. In response to Mr. Goldman's query regarding recreation equipment, Mr. Moran responded that this type of equipment was pre-manufactured, pre-tested and pre-engineered in a manufacturing plant and were not built on site. It was impossible to compare a pre-manufactured piece of equipment with an on site constructed piece of equipment. Ms. Boone asked if engineers had presented a plan to the building department, would that not have made a difference. Mr. Moran stated that an accessory structure was defined, per code, as that which was built or constructed and accessory was just the type. A skateboard ramp was still a structure which happened to be a non-permitted accessory. He stated that skateboard ramps of this size were usually found in commercial areas and further stated that the city was working with neighboring cities in locating an appropriate place in which to locate a skateboard ramp. Discussion followed on permit requirements, definitions of recreational equipment and the possibility of review by the Planning and Zoning Board for an ordinance change. Ms.Warner asked Mr. Goldman to provide a definition of"accessory structure". He stated that an accessory structure was one which is dependent on or pertains to the principal or main use and which may be considered an integral part of the primary use. He provided examples for board members. He stated that the factors which will determine whether a use or structure is accessory within the terms of the zoning ordinance will include the size of the land involved,the nature of the primary use,the use made of the adjacent lots by neighbors,the economic structure of the area and whether similar uses or structures exist in the neighborhood on an accessory basis. Mr. Goldman's summarized vested right issues at the request of Ms.Warner. Attorney Goldman reminded the board that they were empowered to interpret code based upon information provided to them by city staff. In response to Ms. Russell's inquiry, Mr. Moran stated that a permit would absolutely not have been issued for this structure. Ms. Warner asked if the board could decide that the nature of the use was not an integral part of the primary use in this case. Mr. Goldman confirmed that this was a determination that could be made by the board. In response to Mr. Stanker's question regarding denial of a building permit, Mr. Moran explained the appeal process to members . Ms. Russell reminded members that the issue at this evening's hearing was that there was an unpermitted structure and said structure did not qualify as an accessory structure in an R-1 zone Code Enforcement Board Page Six August 21, 1997 Mrs. Terry Bohak, 214 Harbor Drive,advised the board that she had been told by city hall that she would be able to speak on the nuisance and noise issue at this evening's meeting. Mr. Goldman said that Mrs. Bohak's testimony may be relevant because it relates to the use of adjacent lots, the structure of the area and other similar uses made in that area. Mrs. Bohak testified that she was against the skateboard ramp for the following reasons: (1) Noise, (2) No supervision, (3) The large number of people, and (4) Safety and health issues. Motion by Ms. Warner, seconded by Ms. Russell that in Case No. 97-28 we make the following findings of fact: That a large wooden skateboard ramp has been erected on the rear of the property in an R-1 zoning district without a building permit. That we make the following conclusions of law: That Albert Francis is in violation of Section 110-106 Permits Required. That he shall comply with this Section of the city code of ordinances on or before September 11, 1997 by taking the following action: Dismantle and remove the skateboard ramp from the property and properly dispose of the debris or obtain the proper permits to construct the skateboard ramp. Upon complying,Albert Francis shall notify Greg Mullins,a city official, and he shall notify the board of compliance. Should Albert Francis 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$150 for the first day of non-compliance and $25 per day thereafter for each and every day the violation continues to exist which shall include all costs for fees incurred by city staff. Should the violation reoccur, upon notification of the code enforcement officer, a fine shall be levied in the amount of $50 per day for each and every day the violation continues to exist. Mr. Warner stated that it was her intention not to include Section 110-468, Accessory Structures, in her motion and summarized her reasoning for members. Ms. Boone asked if the board needed to further define removal of debris. Ms. Russell stated that debris only referred to the material that made the skateboard ramp. Ms. Boone asked if the skateboard was disassembled,but the debris was left on the property, would the board be unable to find them in compliance. Ms. Warner stated that it was her intent that all debris be properly disposed. Mr. Goldman stated there could be two separate findings of violation based upon different conclusions of law;therefore,there could be another motion made to find the violation of accessory structure provision of the city's code as well as another finding that it violates the code because a permit was not required. Code Enforcement Board Page Seven August 21, 1997 Motion on the vote was as follows: Charles Biederman For Donna Boone For Karen Hartley For Mary Russell For Thomas Stanker For Carol Warner For Motion by Ms. Warner, seconded by Mr. Stanker that in Case No. 97-28, Mr. Francis is not in violation of an accessory structure. Discussion followed on the interpretation of accessory structures. Mr. Stanker proposed the addition of the following verbiage"Section 110468"to be specific.. Motion by Ms.Warner, seconded by Mr. Stanker to amend the motion to read, In Case No. 97-28, Section 110468,Mr. Francis is not in violation of an accessory structure. Mr. Goldman advised members that the board did not have to make a finding on whether the skateboard was or was not an accessory structure. Mr. Moran testified that the skateboard ramp was within one foot of the rear yard line and, therefore was is in violation of Section 110-468. He advised the board if they found the skateboard ramp in compliance with Section 110468,the board will have found against the code. Ms.Warner removed her motion. Motion by Ms. Boone, seconded by Ms. Hartley that we enter an order as follows in Case No. 97- 28,that we make the following findings of fact. That there is a large structure erected in the rear of the property at 210 Harbor Drive. That we make the following conclusions of law. That Mr. Francis is in violation of Section 110468 Accessory Structure. That Mr. Francis shall comply with the above named section on or before September 11, 1997 by taking the following action. Remove the structure from the property. The order shall further provide that upon compliance, Mr. Francis shall notify Greg Mullins, a city official and city official shall then inspect the property and notify the board. However, upon failure to comply by September 11, 1997, there shall be a fine of $100 for the first day of non-compliance and $25 per day thereafter until compliance which shall include all costs for fees incurred by city staff. Should the violation reoccur upon notice by code enforcement officer, a fine shall be imposed in the amount of$25 for each and every day until the property is brought into compliance Code Enforcement Board Page Eight August 21, 1997 Motion on the vote on the main motion was as follows: Charles Biederman For Donna Boone For Karen Hartley For Mary Russell For Thomas Stanker For Carol Warner For Ms. Boone amended her motion as follows: In that no accessory structure shall be erected not to cover more than 30%of any required rear setback. Motion on the amended motion was as follows: Charles Biederman For Donna Boone For Karen Hartley For Mary Russell For Thomas Stanker For Carol Warner For Ms. Russell commented on the well mannered audience in attendance at this evening's hearing. Mr. Francis requested an extension of time if he decided not to apply for a building permit but only to remove the skateboard ramp. Ms. Russell said this request could be considered by the board. Mr. Goldman stated that because the voting had taken place and was closed, this request was out of order and premature at this time. Ms. Russell advised Mr. Francis that prior to September 11, 1997, he make a decision. put in writing and forward to Mr. Mullins who will agenda the item for Mr. Francis's compliance hearing. 2. Case No. 97-33 JJK Company(7522 Magnolia Avenue) Section 23 Township 24 South, Ranee 37 East. Avon-By-The-Sea, Block 43, Lots 9,10, Brevard County Florida - Violation of Chanter 82 Buildings and Building Regulations Section 82-371 Posting and Specifications of Numbers. Code Enforcement Officer Mullins testified that this case was in compliance. There being no further business,the meeting was adjourned at 9:28 p.m. The meeting was reconvened at 9:29 p.m. for the purpose of discussion. Ms. Boone stated she was unprepared when she found herself in the position of having to chair the last meeting without any type of format to follow and asked if there were some type of guidelines that could be provided to members. Code Enforcement Board Page Nine August 21, 1997 Ms. Boone asked if it was proper for a member who may not be present at the initial hearing to make a motion at the compliance meeting. Mr. Goldman advised that a member could not abstain from voting except for a pecuniary reason. Mr. Moran advised members that he would talk to the city manager regarding members attending a parliamentarian seminar by Linda Chapin being held in Orlando on September 13th. Ms. McNeely asked if the Code Enforcement Board wanted the Planning & Zoning Board to clarify the definition of accessory structure and stated it was the philosophy of the Planning & Zoning Board to list all allowable uses. Ms. Russell requested that the P&Z Board specifically address recreational accessory structures. There being no further business,the meeting was adjourned at 9:37 p.m. Approved this may of OU 1997. Mary K. Rus 1, Chairperson Kim M. McIntire,Acting Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 18, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on September 18, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:30 P.M.. The Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Carol Warner Vice Chairperson Donna Boone Karen Hartley Charles Biederman MEMBERS ABSENT Walter Godfrey (unexcused) OTHERS PRESENT Beatrice McNeely P &Z Board Chairperson Kohn Bennett City Attorney G. J. Moran Building Official Greg Mullins Code Enforcement Officer Sandi Sims City Clerk Code Enforcement Officer Greg Mullins and G. J. Moran, Building Official; citizens, Teri Sigman, Burt Francis, Bill Hodge, Terry Bohak were sworn in by Attorney Goldman. It was noted that the next meeting would be held on October 23, 1997. Motion by Mr. Biederman, seconded by Ms. Boone to approve the meeting minutes of August 21, 1997 as amended. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 1. Case No. 97-28, Albert Francis, (210 Harbor Drive), Section 14, Township 24 South, Range 37 East, Harbor Heights 1st Addition, Lot 67, Brevard County, Florida - Violation of Sections 82-371, Principal Uses and Structures, 110-106, Permits Required, and 110-468, Accessory Structures of the Cape Canaveral Code of Ordinances. CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 18, 1997 PAGE 2 Code Enforcement Officer Mullins testified that this case was in partial compliance with the Board's Order. He explained that the skate board ramp had been dismantled; however, the debris remained to be removed from the property. He submitted a photograph of the dismantled skate board ramp (Exhibit A). Mr. Burt Francis requested that the Board allow him additional time to find a place to store the wood. Mr. Mullins submitted a memorandum from the Building Official (Exhibit B) requesting that the Board grant an extension not to exceed 60 days for compliance. Ms. Sigman, resident at 210 Harbor Drive commented that she assumed that the city allowed residents to store wood. Chairperson Russell clarified the Board Order for Ms. Sigman. Motion by Mrs. Warner, seconded by Ms. Boone to find Case No. 97-28 in partial compliance and grant an extension of 60 days from September 11, 1997 to bring the case in full compliance. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 97-35, Carl Swisher, Owner and Maurice Johnson, Tenant, (7603 Poinsetta Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lot 16, Block 36, Brevard County, Florida - Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 2. Case No. 97-36, Richard L. Beck, (309 Pierce Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Lot 3, Block 63, Brevard County, Florida - Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins submitted a letter from Mr. Beck (Exhibit A) requesting an extension due to the fact that the estate was in probate. City Attorney Bennett reviewed the letter and commented that it appeared to be legitimate. Motion by Mrs. Warner, seconded by Mrs. Hartley to postpone Case No. 97-36 until the Board's November meeting. Vote on the motion carried unanimously. 3. Case No. 97-37, Edward & Rose Mari Janci, (230 Fillmore Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lots 15 & 16, Block 52, Brevard County, Florida - Violation of Section 82-371, Posting and Specification of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 18, 1997 PAGE 3 4. Case No. 97-38, Burton & Diana Kennedy, (7814-7822 North Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lots 1-4, Block 25, Brevard County, Florida - Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 5. Case No. 97-39, Thomas & Helen Mettee, (218 Jackson Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lot 13, Block 26, Brevard County, Florida - Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins advised that the return certified receipt had not been returned and requested that this case be tabled. Motion by Ms. Boone, seconded by Mr. Biederman to postpone Case No. 97-39 until the October meeting. Vote on the motion carried unanimously. 6. Case No. 97-40, Peter Nativo, (241 Cherie Down Lane), Section 14, Township 24 South, Range 37 East, Beach Park Village Subdivision, Lot 8, Brevard County, Florida - Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins submitted a photograph of the inoperable vehicle (Exhibit A). He advised that the property owner requested his case be tabled until the meeting in October because he was out-of-state. Motion by Mrs. Hartley, seconded by Ms. Boone to table Case No. 97-40 until the next meeting. 7. Case No. 97-41, Nancy Gorman, (7306 Poinsetta Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lot 9.04, Block 52, Brevard County, Florida -Violation of Section 82-371, Posting and Specifications of Numbers. Code Enforcement Officer Mullins testified that this case was in compliance. 8. Case No. 97-42, Richard Higgins, (220 Harrison Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Brevard County, Florida - Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins advised that the return certified receipt had not been returned and requested that this case be tabled. CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 18, 1997 PAGE 4 Motion by Mrs. Warner, seconded by Ms. Boone to postpone Case No. 97-42 until the October meeting. Vote on the motion carried unanimously. 9. Case No. 97-43, Sharon Mittman, (251 Tyler Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lot 5, Block 42, Brevard County, Florida - Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 10. Case No. 97-44, Alice Neilsen, (315 Buchanan Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lot 4, Block 67, Brevard County, Florida - Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 11. Case No. 97-45, Rajar, Inc., (207 Pierce Avenue), Section 23, Township 24 South, Range 37 East, Lot 3, Block 62, Avon by the Sea Subdivision, Brevard County, Florida - Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that he had advised the tenant of the violation. However, the certified returned receipt had not be received and therefore, he requested that this case be tabled until the next meeting. Motion by Mrs. Warner, seconded by Ms. Boone to table Case No. 97-45 until the next scheduled meeting. Vote on the motion carried unanimously. 12. Case No. 97-46, Daniel Keane, (443 Monroe Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lots 7 & 8, Block 28, Brevard County, Florida - Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins advised that the property owner(s) name was incorrect on the Brevard County Tax Rolls and withdrew the case. DISCUSSION; Chairperson Russell expressed concern that a quorum may not be available for the next meeting. The Board requested that the City extend strong recruiting efforts to fill Board vacancies. CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 18, 1997 PAGE 5 There being no further business, the meeting was adjourned at 8:13 P.M. Approved this day of , 1997. A'4�" X. Mary K. R sell, Chairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 23, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was scheduled on October 23, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. MEMBERS PRESENT Donna Boone Karen Hartley Charles Biederman Alternate MEMBERS ABSENT Mary Russell Chairperson (Unexcused) Carol Warner Vice Chairperson (Unexcused) Walter Godfrey (Excused) OTHERS PRESENT Beatrice McNeely P &Z Board Chairperson Kohn Bennett City Attorney Greg Mullins Code Enforcement Officer Susan Chapman Secretary Due to the fact that there was no quorum present the meeting was not held. It was noted that the next scheduled meeting would be held on November 20, 1997 and it was encouraged that.if board members planned on not attending the meeting to contact the Board Secretary. There being no furth siness, the meeting was adjourned at 8:12 P.M. Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 11, 1997 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on December 11, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:30 P.M.. The Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Carol Warner Vice Chairperson Walter Godfrey Donna Boone Karen Hartley Charles Biederman OTHERS PRESENT Mitch Goldman Assistant City Attorney Greg Mullins Code Enforcement Officer James Watson Fire Marshal Susan Chapman Board Secretary Code Enforcement Officer Greg Mullins, Fire Marshal James Watson, and citizens.; Teri Sigman and Rick Kopitas were sworn in by Attorney Goldman. It was noted that the next meeting would be held on January 22, 1998. Motion by Mrs. Warner, seconded by Ms. Boone to approve the meeting minutes of September 18th and October 23, 1997 as submitted. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 1. Case No. 97-28, Albert Francis, (210 Harbor Drive), Section 14, Township 24 South, Range 37 East, Harbor Heights 1 st Addition, Lot 67, Brevard County, Florida - Violation of Sections 82-371, Principal Uses and Structures, 110-106, Permits Required, and 110-468, Accessory Structures of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that the skateboard ramp had been dismantled however, there remained wood scattered throughout the back yard. He entered a photograph of the debris (Exhibit A). The Board members reviewed the photograph. CODE ENFORCEMENT BOARD MEETING MINUTES DECEMBER 11, 1997 PAGE 2 Ms. Sigman testified that the skateboard ramp had been donated to the Kidney Foundation. She further testified that the wood in her backyard was there previous to the skateboard ramp and was not a violation. Motion by Mr. Godfrey, seconded by Ms. Boone to find Case No. 97-28 in compliance. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 97-39, Thomas & Helen Mettee, (218 Jackson Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lot 13, Block 26, Brevard Councy, Florida - Violation of Section 82-371 Posting and Specification of Numbers. Mr. Mullins testified that this case was in compliance. 2. Case No. 97-40, Peter Nativo, (241 Cherie Down Lane), Section 14, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lot 3, Block 63, Brevard County, Florida - Violation of Section 34-181 Storing, Parking or Leaving on Private Property. Mr. Mullins testified that this case was in compliance. 3. Case No. 97-42, Richard Higgins, (220 Harrison Avenue), Section 23, Township 24 South, Range. 37 East, Avon by the Sea Subdivision, Lots 15 & 16, Block 52, Brevard County, Florida -Violation of Section 82-371 Posting and Specifications of Numbers. Mr. Mullins testified that this case was in compliance. 4. Case No. 97-45, Rajar, Inc., (207 Pierce Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lots 1-4, Block 25, Brevard County, Florida-- Violation of Section 82-371 Posting and Specifications of Numbers. Mr. Mullins testified that this case was in compliance. 5. Case No. 97-46, James & Karen Severson, (443 Monroe Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Lot 13, Block 26, Brevard County, Florida - Violation of Section 82-371 Posting and Specifications of Numbers. Mr. Mullins testified that this case was in compliance. 6. Case No. 97-47, Thomas Collins, C/O Rick Kopitas, (145 E. Central Blvd.), Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens, Lots 12.01 and 13, Block 3, Brevard County, Florida - Violation of Section 110-106, Permits; 110-337, Minimum Setbacks; and 110-193, Non-Conforming Structures. CODE ENFORCEMENT BOARD MEETING MINUTES DECEMBER 11, 1997 PAGE 3 Mr. Mullins testified that a non-conforming overhang, that was attached to the rear of the building, had been altered by enclosing the overhang with structural walls, within the 10 ft. required setback. Mr. Kopitas had been mailed the Notice of Violation on July 23, 1997. Mr. Mullins submitted photographs of the structure (Exhibits A& B) and property survey (Exhibit C). Mr. Kopitas testified that he had contacted a few contractors to obtain proposals for the work however, he did not hire anyone yet. He stated that the overhang was enclosed to provide a laundry facility for his tenants. Brief discussion followed. Motion by Mrs.Warner, seconded by Mr. Biederman to find Case No. 97-47 in violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact: A structure was contructed that does not meet the minimum required setbacks and was built without the necessary building permits. Conclusion of Law: Rick Kopitas is in violation of Sections 110-106, 110-337 and 110-193 of the Cape Canaveral Code of Ordinances. Order: That Rick Kopitas shall comply with the aformentioned Sections on or before February 13, 1998 by taking the following action: Remove the structure or construct the structure in compliance with applicable codes and with the required permits; or remove the structure, water heater, laundry washing machine and dryer. The Order shall further provide that upon compliance, Rick Kopitas shall notify Greg Mullins, a City Official. The City Official shall then inspect the property and notify the Board. Upon failure to comply by February 13, 1998, there shall be a fine of $100.00 for the first day of non-compliance and $25.00 per day thereafter until compliance, which shall include all costs incurred by City staff. Should the violation recoccur upon notice by the Code Enforcement Officer, a fine shall be imposed in the amount of $100.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously, as amended. 7. Case No. 97-48, Treasure Island Club Condo. Association (300 Columbia Drive), Section 22, Township 24 South, Range 37 East, Columbiad Plaza Subdivision, Lots 6-13, Brevard County, Florida -Violation of National Fire Protection Act 101, Life Safety Code, Chapter 5, Section 1.3.1, Exits, Chapter 19, Section 3.1 Protection of Vertical Openings. CODE ENFORCEMENT BOARD MEETING MINUTES DECEMBER 11, 1997 PAGE 4 Fire Marshal James Watson, testified that a contractor had been obtained and the proper permit had been applied for. He requested that this Case be tabled until the next meeting to ensure compliance. Motion by Mr. Godfrey, seconded by Mrs. Warner to table this Case until the next meeting. There being no further business, the meeting was adjourned at 8:00 P.M. Approved this ''day of 1998. Mary K. ssell, Chairperson 1 Susan L. Chapman, Sec etary