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HomeMy WebLinkAboutCode Enforcement Board Packets + Back Up DocsDates of Record Dates of Record Clerk's Office Use Clerk's Office Use Item No. Records Series Title From: To: Retention DD Box No. 1 8756 Banyan Way interior bearing wall - 2003 NONE 771 2 308 Beach Park Lane exterior sheathing & stucco 2002 NONE 771 3 806 Bayside Dr. Screen enclosure 2003 NONE 771 4 700 Bayside Dr. Swimming pool 2003 NONE 771 5 5807 N. Banana River Blvd Unit 1232 hurricane shutters 2003 NONE 771 6 6103 N. Atlantic Ave. Interior Build -out units A&B&J 2004 NONE 771 7 Beachside Townhomes 510&512 Adams Ave Construction plans 2004 NONE 771 8 7000 N. Atlantic Ave grease hood NONE 771 9 606 Shorewood Dr. hurricane shutters unit C307 2005 NONE 771 10 609 Shorewood Dr. hurricane shutters unit D505 2003 NONE 771 11 296 E. Central Blvd. shed 2005 NONE 771 12 166 Center St. electrical change -out 2004 NONE 771 13 8810 Astronaut Blvd. fire sprinklers, electrical & steel specs, A/C specs, walls specs, & remodel plans 2003, 1997, 1999, 2000, 2003 NONE 771 14 127 Madison Ave. Construction plans 2004 NONE 771 15 5805 N Banana River Blvd unit #1146 hurricane shutters 2003 NONE 771 16 5800 N. Banana Driver Blvd. unit #227 hurricane shutters, unit #235 hurricane shutters 2003, 2003 NONE 771 7910 Aurora Ct. Room Addition 2004 NONE 771 ,417�_ -18 _ Code Enforcement B'oard,Packets+ back=' ,Up docs ,� _ __..., a ... 74/03" 10/04 ^ 72 a �y 'NONE 771 19 P&Z Board packet & back-up docs. 10/3/2004, 12/8/2004, 4/13/2005, 7/27/2005, 11/8/2004, 2/9/2005, 8/10/2005, 9/22/2004, 7/25/2005, 8/24/2005 10/3/2004,` 12/8/2004, 4/13/2005, 7/27/2005, 11/8/2004, 2/9/2005, 8/10/2005, 9/22/2004, 7/25/2005, 8/24/2005 "'' NONE 771 . CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 17, 2003 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 17, 2003, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to Order at 7:00 P.M. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Jeffrey Ratliff Craig Stewart Charles Biederman James Hale Lars Holfve MEMBERS ABSENT Walter Godfrey Karen Hartley OTHERS PRESENT Susan Chapman James Watson Anthony Garganese- NEW BUSINESS: Chairperson Vice Chairperson Board Secretary Code Enforcement Officer City Attorney 1. Approval of Meeting Minutes: March 20, 2003. Motion by Mr. Biederman, seconded by Mr. Hale to approve the meeting minutes, as corrected. Vote on the motion carried unanimously. COMPLIANCE HEARING: 1. Case No. 03-20 - Violation of Section 34-181. Storing, Parking or Leaving on Private Property, 305 Surf Drive - (Inoperable Vehicle was to be Removed by March 27th). Code Enforcement Officer, Jim Watson testified that the vehicle had been removed and therefore this Case was in compliance. Code Enforcement Board Meeting Minutes April 17, 2003 Page 2 PUBLIC HEARINGS: 1. Case No. 03-21 - Violation of Section 34-38, Owner(s) Maintenance of Premises of the Cape Canaveral Code of Ordinances, Section 14, Township 24 South, Range 37 East, Block 4, Lot 14, Cape Canaveral Beach Gardens - Unit 2 Subdivision, Brevard County, Florida - Giuseppe and Louise Conoscenti, Property Owners. Code Enforcement Officer, James Watson testified that this Case was not in compliance. He explained that a letter had been received from the property owner advising that the property was going to be cleared for new construction on Friday, April 18th and the vehicle should be removed at that time. Mrs. Conoscenti testified that the vehicle was abandoned on her property and she has had a very difficult time with people using her property as a dumping ground. Officer Watson respectively requested that the Board table this Case until the next meeting to allow the property owner additional time to remove the vehicle. The Board members reviewed the letter from the Conoscenti's entered into the record as Exhibit A. Motion by Mr. Holfve, seconded by Mr. Hale to postpone Case No. 03-21 until the next scheduled meeting. Vote on the motion carried unanimously. 2. Case No. 03-25 - Violation of Section 34-181, Storing, Parking or Leaving on Private Property at 8401 N. Atlantic Avenue, Unit #A-17 - Deborah Benzal, Vehicle Owner. Code Enforcement Officer, James Watson testified that this Case was not in compliance. He explained that the vehicle was still parked at the residence. Chairperson Russell noted that Deborah Benzal was not present at the meeting. Officer Watson further testified that he hand -delivered the Notice to Appear to Ms. Benzal. Motion by Mr. Stewart, seconded by Mr. Hale to find this Case in non-compliance and that the City have the vehicle be towed no later than Friday, April 18th. Vote on the motion carried unanimously. Officer Watson advised that he would contact the towing company to have the vehicle towed as soon as possible. 3. Case No. 02-228 - Violation of Section 34-97, Duties & Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances, Section 14, Township 24 South, Range 37 East, Parcel A.18, Teutons Subdivision, Brevard County, Florida - James and Mary Rao, Property Owners. Code Enforcement Officer, James Watson testified that this Case was in compliance. Code Enforcement Board Meeting Minutes April 17, 2003 Page 3 DISCUSSION: City Attorney Garganese updated the Board on the former Rich's Restaurant Case. He advised that there was a Pending Order. He further advised that the Code Enforcement Lien against Magma Trading Corporation had been paid in the amount of $17,000. Motion by Mr. Stewart, seconded by Mr. Hale to adjourn the meeting at 7:32 P.M. Approved do this n day of , 2003. Susan L. apman Secretary Mary K. Ru ell Chairperson AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE MAY 22, 2003 7:00 P.M. Call to Order Roll Call Establishing Next Meeting Date: June 19, 2003 NEW BUSINESS: .4'. Approval of Meeting Minutes: April 17. 2003 COMPLIANCE HEARINGS: mac, 5 30 t�/--( (.. Case No. 03-21 - Violation of Section 34-38. Owner(s) Maintenance of rcat nlczt Canaveralof Beach Gardens - Unit 2 Subdivision, Brevard Count:.. Florida - Giuseppe and Louise Conoscenti, Property Owners. .1 PUBLIC HEARINGS:�� a, -�(�ic-o% ,'v ,r-&7' Case No. 03-30 — Violation of Section 94-6. Prohibited signs and features of the Cape Canaveral Ordinances, (7802 N. Atlanto Ave) - Calliope Holiasmenou, Property Owner. Case No. 03-32 - Violation of Section 34-96. Maintenance standard established of the Cape Canaveral Code of Ordinances, (220 Canaveral Beach Blvd) - Robert & Tricia Varner, Property Owner. Case No. 03-33 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (231 Canaveral Beach Blvd) - Patricia Peters, Property Owner. Case No. 03-34 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (233 Canaveral Beach Blvd) - Thomas Chastain, Property Owner. Case No. 03-35 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (235 Canaveral Beach Blvd) - Charles Hayton, Property Owner. Case No. 03-36 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (237 Canaveral Beach Blvd) - James Mathews, Property Owner. Case No. 03-37 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (239 Canaveral Beach Blvd) - Manuel DeLeon, Property Owner. w B. Case No. 03-38 - Violation of 1999 NEC Code of the Cape Canaveral Code of 0 - Ordinances, (243 Canaveral Beach Blvd) - Donald Bouchard, Property Owner, Case No. 03-40 - Violation of Section 34-97 Duties & Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances, (8101 Astronaut Blvd) - St Properties ILC, Property Owner. 10. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections of the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. Case No. 03-42 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections of the Cape Canaveral Code of Ordinances, (530 Seaport Blvd) - William Baldwin, Property Owner. Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868- 1221, 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MAY 22; 2003 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on May 22, 2003, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to Order at 7:00 P.M. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Jeffrey Ratliff Craig Stewart Charles Biederman Karen Hartley James Hale Lars Holfve MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Susan Chapman J68n.g> James Watson "aciaEeff Buak NEW BUSINESS: Chairperson - Vice Chairperson G • ecoriA Board Secretary Code Enforcement Officer City Attorney 1. Approval of Meeting Minutes: April 17, 2003. ob Mr. Hale questioned the dollar amount on the last pageplotion by Mr. Holfve, seconded by Mr. Hale to approv the meeting minutes with potenti4I corrected. Vote on the motion carried unanimously. Mal tP-- ovit44451 tit Owl f COMPLIANCE HEARING: 1. Case No. 03-21 - Violation of Section 34-38, Owner(s) Maintenance of Premises of the Cape Canaveral Code of Ordinances, Section 14, Township 24 South, Range 37 East, Block 4, Lot 14, Cape Canaveral Beach Gardens - Unit 2 Subdivision, Brevard County, Florida - Giuseppe and Louise Conoscenti, Property Owners. Code Enforcement Officer, James Watson testified that this Case was in compliance. CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case N A Florida municipal corporation, Complainant, v. William Baldwin Owner(s) of the property located at: 530 SEAPORT BLVD Respondent(s) ORDER IMPOSING PENALTY ON' RST VIOLATION(S) : 2003-00042 THIS CAUSE having come on for consideratio after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on ay 22, 2003, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances xist(s) or existed on the Property. The Board having heard the arguments of the parties and the evi• -nce presented and having reviewed the record and being otherwise fully advised, the following Findings .f Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact an Conclusions of Law Based upon the evidence and testi •ny presented at this hearing, the Code Enforcement Board finds: 1. The Respondent(s) was/were rovided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Or' inances and consistent with Section 162.12, Florida Statutes, that a violation or violations of Section(s 104 & 105 Florida Building Code / Permits & Inspections of the City of Cape Canaveral Code of Ordina ces existed upon the Property and further provided a reasonable time of seventeen (17) days to correct -aid violation(s); 2. The Respondent(s) eit er failed or refused to correct such violation(s) within the reasonable time period provided in the Notic: of Violation; that the.Respondent(s)was/were provided notice of the hearing before the Code Enforcem nt Board and was/were present/not present at this hearing; 3. Respondent(s) h=s/have violated the City of Cape Canaveral Code of Ordinances, to wit: Violation of the Florida Building ode - Permits & Inspections, pursuant to Section 162.07, Florida Statutes, and City if Cape Canaver=l Code Chapter 2, Article VI; 4. That said olation(s) exist(s), existed, or continue(s) to exist(s) within the City of Cape Canaveral and that such c• stitute(s) a violation of the City of Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes May 22, 2003 Page 2 PUBLIC HEARINGS: 1. Case No. 03-30 — Violation of Section 94-6, Prohibited signs and features of the Cape Canaveral Ordinances, (7802 N. Atlantic Ave) - Calliope Holiasmenou, Property Owner. Code Enforcement Officer, James Watson testified that this Case was in compliance. Case No. 03-32 - Violation of Section 34-96, Maintenance standard established of the Cape Canaveral Code of Ordinances, (220 Canaveral Beach Blvd) - Robert & Tricia Varner, Property Owner. Code Enforcement Officer, James Watson testified that this Case was not in compliance. He explained that the property was not secure and is a hazard to public safety. The owner has not contacted the City. Attorney Jeff Buak stated that the Cit has met the r- • ur-L ents for notice pursuant to Section 162.06, Florida Statutes. 4.1.1.1140 Motion by Mr. Holve, seconded by Mr. Stewart to order the City to immediately secure the premises and charge,the cost to the owner in the form of a lien. Vote on the motion carried unanimously. 3. Case No. 03-33 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (231 Canaveral Beach Blvd) - Patricia Peters, Property Owner. Code Enforcement Officer, James Watson testified that this Case was in compliance. 4. Case No. 03-34 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (233 Canaveral Beach Blvd) - Thomas Chastain, Property Owner. Code Enforcement Officer, James Watson testified that this Case was in compliance. Case No. 03-35 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (235 Canaveral Beach Blvd) - Charles Hayton, Property Owner. Code Enforcement Officer, James Watson testified that this Case was in compliance. 6. Case No. 03-36 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (237 Canaveral Beach Blvd) - James Mathews, Property Owner. Code Enforcement Officer, James Watson testified that this Case was in compliance. Code Enforcement Board Meeting Minutes May 22, 2003 Page 3 7i Case No. 03-37 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (239 Canaveral Beach Blvd) - Manuel DeLeon, Property Owner. Code Enforcement Officer, James Watson testified that this Case was in compliance. 8. Case No. 03-38 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (243 Canaveral Beach Blvd) - Donald Bouchard, Property Owner. Code Enforcement Officer, James Watson testified that this Case was in compliance. 9. Case No. 03-40 - Violation of Section 34-97 Duties & Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances, (8101 Astronaut Blvd) - St Properties ILC, Property Owner. Code Enforcement Officer, James Watson testified that this Case was in compliance. 10. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code - Permits & Inspections of the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. Code Enforcement Officer, James Watson testified that the property owner has applied for a permit and is working to correct this violation. Officer Watson requests the case be tabled. Motion by Mr. Hale, seconded by Mr. Stewart to postpone Case No. 03-41 until the next scheduled meeting. Vote on the motion carried unanimously. 11. Case No. 03-42 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections of the Cape Canaveral Code of Ordinances, (530 Seaport Blvd) - William Baldwin, Property Owner. baa Code Enfor R nt Officer, James Watson testified that this Case was not in compliance. Mr. Baldwin installed a fence without the required permit and inspection. Officer Watson explained that he contacted Mr. Baldwin two months ago and faxed him a building permit application to correct the violation. Officer Watson stated that there has been no word since. Motion by Mr. olfe seconded by Mr. Stewart to fine the owner ten dollars ($10.00) per day after June 1 , 2003. Vote on the motion carried unanimously. arc 5 dam-�o� DISCUSSION: Chairperson Russell requested a status update on the SAI store, stating that they are still not in compliance with the lack of visibility through the front of the store. Chairperson Russell asked the status on Mr. Milliken's bee case. Attorney Buak stated that a lawsuit forinjunctionwill be issued against Mr. Milliken. U11 Mr. Stewart announced a new community web site (ourcapecanaveral.com) where people can post free advertisements, garage sales, announcements, events, and meetings. Motion by Approved on this , seconded by to adjourn the meeting at 7:35 P.M. day of , 2003. Mary K. Russell Chairperson e)49 Secretary 1 c73v-eb( /t'st-c11 ner Jac v<1.7/ �cdr� _rGCr„�f 'ham •L..4.(/-(/�i ll r rl ;1-'6 Z.J5ff 9L�: 65.-- 14.19711)-0 , a << ' � Y a'r t_ c,fe:)r&=-EfidF O21L _(CJS:S __UL (_ • acv Q ��=— kin -2 a. o cele (L-'-2 0044,1 r- -c 1 -03- j2 - ees /W c-7-2 kicki-t-ei4 - C?,__,o de- Ati-i g7 r1,07ZED ;73 0 ; ss _ -= - _ _-__ _ z z rE,SS' -z N 'arc G(-- d-----UtS,e.��µ` ((y, - - i_o Ca.- i,m tl o��? - cu r s --j baSri �'v �e��— ;��5`>n �'u • 6Z✓i`Q :��-y/iq a,-' may. .49 - Case No. 03-21 - Violation of Section 34-38, Louise Conoscenti. PUBLIC HEARINGS: �1. Case No. 03-30 — Section 94-6, Calliope Holiasmenou. i✓� p) »i — 2. Case No. 03-32 - Section 34-96, Robert & Tricia Varner. ((or !moi 6e pool api-e IGfQ 3. Case No. 03-33 - NEC, Patricia Peters. /4. Case No. 03-34 - NEC Thomas Chastain. Z5. Case No. 03-35 — NEC Charles Hayton. 6. Case No. 03-36 — NEC James Mathews. 7. Case No. 03-37 - NEC Manuel DeLeon. 8. Case No. 03-38 - NEC Donald Bouchard. Case No. 03-40 - Section 34-97 St Properties ILC. �9. '2'3� �o �f c� ' ,'a�-tee_ - Nv 10. Case No. 03-41 —Sections 104 & 105 Florida Building Code,Robert Kennedy ted 11. Case No. 03-42 —Sections 104 & 105 Florida Building Code, William Baldwin. n -(j-{ dr e-525:17-1 p 144 - �-�'� �t �` `tel rrt-( n,o (12X-6:1161 Tore cord Qui v 32f r -r ebd7c--- rkr-{ ah, -,c1_01-191 Ie �.. 4 .. - JL5 aelhborio Ici';ft,,,d '. 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IC 11 strt li_ait___i,eAx,vk-trt2 .!' 1 Avt madmz) too- t, 12. 0, v(i;_e, ?6/ r1, , • 6z2gLi-g p-e70--frceA--- (OA l-li2cituLa. cjoaLkai Z--/TaY45 Ct5--i4.e-- • 14.ed oi_badciU)U1, :1-=f';' 0— t311,(P• , csf (AI, P ' ZdAa0 (61-Y1 01 ib ger - 1+ 3PIca GI -6 ciViLa)q-) d e 0 se CIO 6 v 1 6 Ufdat, 0-4A- ril(e. begiAt. te3_____dos,c/Ria pticzi2_60a424< (412)2ADC)j2ci . 191,1CL:'crul ______MA AGENDA CODE ENFORCEMENT BOARD REGULAR .MEETING 111 POLK AVENUE MAY 22 2003 7:00 P.M. Call to Order Roll Call Establishing Next Meetinc Date: NEW BUSINESS: 1. Approval of Meetinc Minutes: April 17. 2003 COMPLIANCE HEARINGS: 1 Case No. 03-21 - Vio ation of Section - -35. avmer (s) Maintenance of Premises of the Cape Canaveral Code of Ordinances. Section 14, \� Township 24 South, Range 37 East, Buock 4. Lc: 14, Cape Canaveral Beach Gardens - Unit 2 Subdivision, Brevard County. Florida - Giuseppe and Louise Conoscenti, Property Owners. PUBLIC HEARINGS: 1. \, Case No. 03-30 — Violation of Section 94-6. Prohibited signs and features of the Cape Canaveral Ordinances, (7802 N. Atlantic Ave) - Calliope Holiasmenou, Property Owner. Case No. 03-32 - Vication of Section 34-96. Maintenance standard established of the Cape Canaveral Code of Ordinances. (220 Canaveral Beach Blvd) - RQbert & Tricia Varner, Property Owner. Casedo 3 - Violation or-lt%-tQEC Code of the Cape Canaveral Code of Ordinances, (231 Canaveral Beach Blvd) - Patricia Peters, Property Owner. Case No. 03-34 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (233 Canaveral Beach Blvd) - Thomas Chastain, Property Owner. Case No. 03-35 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (235 Canaveral Beach Blvd) - Charles Hayton, Property Owner. 6. Case No. 03-36 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (237 Canaveral Beach Blvd) - James Mathews, Property Owner. 7. Case No. 03-37 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (239 Canaveral Beach Blvd) - Manuel DeLeon, Property Owner. 8. Case No. 03-38 - Violation of 1999 NEC Code of the Cape Canaveral Code of Ordinances, (243 Canaveral Beach Blvd) - Donald Bouchard, Property Owner. Case No. 03-40 - Violation of Section 34-97 Duties & Responsibilities for ifitGMaintenance of the Cape Canaveral Code of Ordinances, (8101 Astronaut Blvd) - St Properties ILC, Property Owner. 1(6) y` Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections of the Cape Canaveral Code of Ordinances, (7822 N. Intic Ave) - Robert Kennedy, Property Owner. /1 Case No. 03-42 — Violation of Sections 104 & 105 Florida Building Code — C_ ,)XPermits & Inspections of the Cape Canaveral Code of Ordinances (530 Seap rt Ci lh S `2�jPly 0 e ' Blvd) - William Baldwin, Property l b of �� 4 Pursuant to Section 286.0105. F.S., the City hereby advises the public that: tf a person cecides to appeal any decision made by the Code Enforcement Board with respect to any matter consider: at this meeting, that person will need a record of the proceedings, and for such purpose that Gerson may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868- 1221, 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 19, 2003 7:00 PM A Regular Meeting of the Code Enforcement Board of the City Florida was held on June 19, 2003, in the City Hall Annex, 111 Canaveral, Florida. Chairperson Russell called the meeting to order at 7:00 PM. Mrs. roll. MEMBERS PRESENT Mary Russell Jeffrey Ratliff Craig Stewart James Hale Charles Biederman Lars Holfve MEMBERS ABSENT Walter Godfrey Karen Hartley OTHERS PRESENT Susan Chapman Anthony Garganese James Watson Chairperson of Cape Canaveral, Polk Avenue, Cape Chapman called the Vice Chairperson Bldg. Dept. Administrative Assistant City Attorney Code Enforcement Officer The Board members established that the next meeting would be held on July 17, 2003. Mrs. Russell and Mr. Ratliff noted that they may not be able to attend the meeting. Chairperson Russell encouraged the Board members to inform the Secretary if they would not be available to attend the meeting. City Attorney Garganese sworn in all persons giving testimony. Code Enforcement Board Meeting Minutes June 19, 2003 Page 2 NEW BUSINESS: 1. Clarification of the Magma lien amount from April 17, 2003 meeting minutes. The Board members reviewed a memorandum from Joy Daine, Recording Secretary, which clarified that two liens were paid in April. Suzanne Jamieson satisfied a code enforcement lien in the amount of $17,636.59, and Magma Trading Corporation satisfied a code enforcement lien in the amount of $1,383.00. 2. Approval of Meeting Minutes: May 22, 2003. Motion by Mr. Holfve, seconded by Mr. Hale to approve the meeting minutes of May 22, 2003. Vote on the motion carried unanimously. COMPLIANCE HEARINGS: 1. Case No. 03-32 - Violation of Section 34-96, Maintenance Standards Established of the Cape Canaveral Code of Ordinances, (220 Canaveral Beach Blvd.) - Robert & Tricia Varner, Property Owner. James Watson, Code Enforcement Officer testified that this case was in compliance. 2. Case No. 03-42 - Violation of Sections 104 & 105 Florida Building Code - Permits & Inspections, (530 Seaport Boulevard) - William Baldwin, Property Owner. James Watson, Code Enforcement Officer testified that Mr. Baldwin had contacted the Building department and requested a building permit application be faxed to him. No other contact has been made since. The Board members reviewed the Case documents. Following discussion, the Board requested that Mr. Watson send a letter to Mr. Baldwin outlining the remaining items required to bring the Case into compliance. Motion by Mr. Stewart, seconded by Mr. Hale to table the Compliance Hearing for Case No. 03-42 until the next meeting. Vote on the motion carried unanimously. Motion by Mr. Holfve, seconded by Mr. Stewart to extend the compliance date until July 15, 2003. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes June 19, 2003 Page 3 PUBLIC HEARINGS: 1. Case No. 03-41 - Violation of Sections 104 & 105 Florida Building Code - Permits & Inspections of the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Avenue) - Robert Kennedy, Property Owner. (Tabled at previous meeting). James Watson, Code Enforcement Officer testified that this case was not in compliance. He advised that Mrs. Kennedy had started work without the required permit. He further advised that Mrs. Kennedy has applied for the necessary permit and the plans reviewer is waiting for additional information from her architect. Mrs. Kennedy testified that two plans review letters had been sent to her architect since she had applied for the permit. At the request of the Board Chairperson, Mrs. Kennedy read the second plans review letter into the record. Mrs. Kennedy further testified that the bottom two units have always been commercial and have been vacant for a long time and that she was living on the 2nd floor where she was making non-structural improvements. She did not know why the Plans Examiner was requiring her to hire a general contractor when she lived in the residential part of the building where she was making the renovations. Mr. Watson advised that the Building Official would be the only one to answer that question. Discussion followed. Following discussion, Code Enforcement Officer Watson respectfully requested that this case be tabled until the next meeting. Motion by Mr. Stewart, seconded by Mr. Hale to table Case No. 03-41 until the next scheduled meeting to allow Mrs. Kennedy additional time to comply with the requirements for obtaining the required building permit. Vote on the motion carried unanimously. DISCUSSION: Chairperson Russell asked for a status update on the Milliken case. Code Enforcement Officer Watson testified that an inspection on Monday, June 17, 2003 revealed that the bees and bee hives had been removed with the exception of one remaining in Mr. Milliken's garage. City Attorney Garganese reported that he filed a lawsuit on behalf of the City for an injunction. No contact has been made since. He noted that if Mr. Milliken is claiming homestead then the city could not foreclose on the property. Code Enforcement Board Meeting Minutes June 19, 2003 Page 4 There being no further business the meeting adjourned at 7:30 P.M. Approved on this day of , 2003 Mary Russell, Chairperson Susan Chapman, Board Secretary CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17, 2003 7:00 P.M. CaII to Order Roll Call / ✓Establishing Next Meeting Date: August 21, 2003 NEW BUSINESS: Approval of Meeting Minutes: June 19, 2003 PUBLIC HEARINGS: ✓h Case No. 03-41 — (7822 N. Atlantic Ave) - Robert Kennedy r 674L O arrF " -- N S-corY (_: Q►s-� -- ii( /-7-,f-A.2/ God-elf J syr+ - oc? /t * 2 3 _ he0<<ca--4,.1 I ' ihereC, drSCrrp u, ('.006; c7 £ r e- , St ( 6,6lco eJ-�. --. Ql&..-) , S 'a- t GO - ,2,-,, L),4 ovzz Z.- - dc,c„5- —t—,c1.--1,2 7 9e--) ✓to — O- r-c_�r' Ord JLdT-cz_ C.t...) Q -t7r(tiF n G -z �P. �,��z_ C4- ou t-2, r C�-*."( r�-) UJ ci AE c fir✓ -- ✓�v. _ Case No. 03-49 - (241 Cherie ,Down Ln) — Peter Nativo 1.1 00,41 Alcan rCd- =X r'.t� tS i�,� �✓�'' � iY.rl��i t Charles Biederman James Hale Karen Hartley Lars Holfve - Jeffrey Ratliff Mary Russell Craig Stewart, Vice Chair 1st Alt. Chair Case No. 03-50 - (218 Jackson Ave) - Thomas Mettee dneCeve - AzvbS ieLg f -- �4)'&tee 04a ---e4 EFe S,`cQ -ey.-cE. c -zc os- __ 4ac 4 t -i Mi. . C er,/�--c Octte /litct r*{ L/ ET' 9 i j /r© i''L — � - r�2 << cu' P - 0 vror /-1-(1.7%-C-R F -i Oee,( ($51 - tfotCe___ tc „joy- 621- C/ -c'. l ►cam— y7 — ad J - t.Xti C not A'rS c( co 044 - — c. L n".1 -"-C Cc& - C&'r CEJ ctCcs .f' '. An-no/IL( - rt ccs Lf m luiY - rJ ✓✓r. 0v4 tit Pct. fp- -- a. Case No. 03-53 - (7000 N. Atlantic Ave) - Mary Beasley 6a 1tard ,6c4Shy ` �2� l N Sri-( 'Pr�(6e tit-err f, c--1 %/If nCt2C— (Jtc c67 -- i l a 1A few Selo to cet`& Q . ✓� r s't �% y7 ‘A --r- •C. rAowc.( 2 7 5 btoet r -uta &-71-A ft)-( r imer-• - cam(' . S1► - z - 1.1 664, Kezo., - - fr-d7 0,3 C� — qt�Nut G� v- +-` -- a?n, nc-t ?fr 1 — e_.,_,--- --gin ,r Ito- v l 11t aY„L ca,_. 5 -ed _tlri- 1 i`7`j v #34 • 4CIAS CO,- dor 4 5rac'; ze, "4- r / ” 0,-;la il'cc -- I-GCPti-CPA4 m s' / /lcf (,C sfc kis /Cce_ / '11-&-11.-C'�S,u..,s: '( Wei< �<<, ci,,ry<i doC29 3,„,._,,r/(r /1,,,e4-4, Ltfil c.e, r,t r SS ',,--y- c&A-e --t ;„ S 1)Zc cc .--1-7- Ci, - (Lo Sz lz- -e• - 4Szr F wrK ID- r 04-62 rub e0-(Cre‘-t‘2-2 (t."27 (Ar-nD Jb cle3 0014<e-4) 9 L - (;) rr41•181. o3 a a-ccy\a_ /1-LC2 qc ) 7/17 , • LOGS-` - (Go%i 50 ;4 i3f(a i1 /oh 9 /0> ( 1 - +c' t r-cs��cs ° e , (e� - e CD ✓ z r�v.( l-- r-7'- tT t S' in Ca"► -1 h e�c9e ry e 1z ,, —)\41-e‘--7 e29alb _ ( -i Vie, ,� > - /No_ �6?eFS (eft Kea n j- ck'-t kt-ux Y v aelVa—r,,, 7` E- rr ( -evio- _ 90 ecD k4 - dam' 1 o.� 1707 Ccs. mac_ _ K107' 4fr7 ,, �- ' /tcC�( - !o(, /24,'e _ ' C� - r`a-7 a _ 4 r,‹, C )04„2% - \ r A /2d 2. — (-10C” 44r�`- , c v:� 2 Q Uan7sQ?lZ- f _ fL�t��c�rt� ( net / e -S5 e Ez(r'e- l � : 5 2-- .e? /-/-) -e-e.77 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JULY 17, 2003 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on July 17, 2003, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Jeffrey Ratliff Craig Stewart James Hale Charles Biederman Karen Hartley Lars Holfve MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Joy Daine Anthony Garganese Duree Alexander Ed Gardulski Chairperson Vice Chairperson man 49 to "„ Board Secretary City Attorney Code Enforcement Officer Public Works Director The Board members established that the next meeting would 'be held on August 21, 2003. City Attorney Garganese swore in all persons giving testimony. • 10‘C‘ NEW BUSINESS: 1. Approval of Meeting Minutes: June 19, 2003. Motion by Mr. Stewart, seconded by Mr. Hale to approve the meeting minutes of June 19, 2003 with the correction noted that Charles Biederman was absent. Vote on the motion carried unanimously. PS. — Ulm"' /lv-ee.-S a This Certificate issued pursuant to the requirements of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the City of Cape Canaveral Building Department. Address: 625 OCEAN PARK LA BLDG 61 CAPE CANAVERAL, FL Subdiv: VILLAGES OF SEAPORT Parcel: 24 371400 42W -� Construction Type: TYPE V .;, : Use Classification: TOWNHOUSES -J Permit Number: 1065 Date: 7/22/2003 rr Owner: DOWNS DEVELOPMENT CORP/SEAPOR 777 N HIGHWAY AIA INDIALANTIC FL 32903 uyl t 3 2cCJ DATE Code Enforcement Board Meeting Minutes July 17, 2003 Page 2 PUBLIC HEARINGS: 1. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspection . f the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. (Tabled at previous meeting) l` V 7MY) Q'ode Enforcement O Acer, Duree Alexander Ulf OUQJIV{'P147L and presented &(xhibits for the boar review. She requested the case.beostponed to !cto•er 20.13 in a. effort to all•w esponn dent to provide the � o umentation UV YU' "' e • 0 - = • : - : ! i 1 =.1 on April 14, 2003. Mrs. Kennedy has hired an attorney and an architect to help with the process. Discus 'on followed. $►�, no-G.d Lt Motion by Mr. Stewart, seconded by Mr. Ratliff to postpone this case until October 16, 2003. Vote on the motion carried unanimously. 2. Case No. 03-49 - Vi • lation of Section 34-181, Storing, parking or leaving vehicles on private propert ••f the Cape Canaveral Code of Ordinances, (241 Cherie ,Down Ln) — Peter Nativo, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. 3. Case No. 03-50 — Violation of Section 34-97, Duties & Responsibilities for Maintenance, of the Cape Canaveral Code of Ordinances, (218 Jackson Ave) — Thomas Mettee, Property Owner. 0A. O'Ke&{ek7 0046_Ca Q.Q.- Code Enforcement Officer, Duree Alexander ani presented .exhibits for the boards review, including the arbor�i-efrom Tim Davis. Officer Alexander recommended,on behalf of the Cityjthat the tree be trimmed. Ed Gardulski, P. wink, tIvaze- testified that the tree ison privateriproperty and this is a civil matter. Discussion followed. to ,an4 44141-k. Motion by Mrs. Hartley, seconded by Mr. Stewart to find no violation ofction 34 -97 -as, -eitoe No further action ill be taken. Vote on the motion carried unanimously. 4. Case No. 03-53 — Violation of Section 94-6, Prohibited signs and featureeof the Cape Canaveral Code of Ordinances, (7000 N. Atlantic Ave) — Mary Bea ey, Trustee, Property Owner. Code Enforcement Officer, Duree Alexander stated the history of the case and presented exhibits for the boards review. Officer Alexander testified that the sign is located in an incorrect area and is in violation. Mr. Beasley testified that the C9sie_Enforcement Board had him move his sign in 1996 t bring it into compliancy nd since the code has changed placing the sign in violation deer not ,Th kQ._ en -1 7 ° tt q4G, cvnd T This Certificate issued pursuant to the requirements of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances, of the City of Cape Canaveral Building Department. Address: 625 OCEAN PARK LA BLDG 61 CAPE CANAVERAL, FL Subdiv: VILLAGES OF SEAPORT Parcel: 24 371400 :42W Construction Type:; TYPE V TOWNHOUSES 1065 7/22/2003 Use Classification: Permit Number: Date: z7 ISSU D' B Owner:" DOWNS DEVELOPMENT CORP/SEAPOR - 777 N HIGHWAY A1A INDIALANTIC FL 32903 • r-- czcsi 1,41 DATE 1 Code Enforcement Board Meeting Minutes July 17, 2003 Page 3 3j4liPt P1a'\^'Wi V cfrots„%itd-QA_ koctika olvi- 0190. Mr. Leo Nicola the wrong code section was ci d. Should have , tri been cited under section 110, visibility at intersection.*'* gc" _! City Attorney Garganese recommended the case be dis irt...•f not appropriate) specific code section for1violation. 141- Case. Motion by Mr. Stewart, seconded by Mr. Hale to dismiss the ctr ige due to insufficient, �T= in documents. Discussion followed. Vote on the motion carried unanimously. DISCUSSION: Code Enforcement Officer, Duree Ajthonder asked the yoard to consider an urgent matter regarding a code enforcement lien 'blase #2002-DRS-00121Yogi Patel at 6850 N. Atlantic Ave. Officer Alexander stated that the Building Official requested a reduction or elimination of the lien due to finaAncial hardship to the respondent. -AseGreling-to-Mr. Patel the repairs to the parking lot were completed on Oct 26, 2002 within a few days of the Board Order on October 18,. 2002. The repairs were not called in to the Building Department for inspection, and the case was not found in compliance until May 1, 2002. • .V0 -We Mr. Stewart- etieves there are two differenteases involving Mr im Patel and there is not v"" enough information for the coard tom .64 Motion by Mr. ' olv• to reduce the lien 90%. Mr. Stewart stated that he was against the motion because the case is not clear. He does not believe the case was initially about•two potholes but ra • - the issue was for Mr. Patel to pave his parking lot. Motion by Civ seconded by Mr. Hale to withdraw the original motion. Uo ,dna Mahal') cutot There being no further business the meeting adjourned at 8:52 P.M. Approved on this day of , 2003 Mary Russell, Chairperson Joy Daine, Board Secretary This Certificate issued pursuant to the requirements of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the City of Cape Canaveral Building Department. Address: 625 OCEAN PARK LA BLDG 61 CAPE CANAVERAL, FL Subdiv: VILLAGES OF SEAPORT Parcel: 24 371400 42W r Construction Type: Use Classification: Permit Number: Date: TYPE V r'• TOWNHOUSES 1065 _' 7122/2003Y ... L 3 f t /1 t Owner: DOWNS DEVELOPMENT CORP/SEAPOR 777.N HIGHWAY AIA INDIALANTIC FL 32903 t' DATE` is ' • .J tr ' AGENDA CODE ENFORCEMENT BOARD August 21, 2003 Call to Order Roll Call Establishing Next Meeting Date: September 18, 2003 NEW BUSINESS: ,!n.'< uAir ace -N 1. Approval of Meeting Minutes: July 17, 2003 PUBLIC HEARINGS: 1. Case No. 03-31 — 276 Polk Avenue — K. Wilckens. 94L h -t( cons-fi-�C-t'c j oL uc--e-)r-r-.. :,(oJZ D-- 11"04/Y-- c=- `iti ag-{ vim, (./et(e-aa( Qt7/ 27 7:1 L7.yL/ r'7► ALL J -z e/1� �J�`( �L` Jl/101 a UrZ ✓�. � L l �Ci l �i:�. Y i erfL ���{ c��r4' if �r ID\) ft lis' n�v. 2. Case No. 03-83=7000-N. Atlantic Ave — M. Beasley. .� ri- Q�r�cr — C6‘64.-- • S 4 i2f cp �QJ� &dc • St,a-wL ff(4 ►'1�� 11'6 (-a- go, -3 Z - no--( 0 - Chore- lac firm` C`�r�GJI`Q' g=am UrL.( t-JLS�a: _ a c--lr tet APRT OS— 31 — sick, A'a hJrr'Z L -t; / arCG,U e S�rc�`� 6-2, - r)v7 J,t(o) — rt a1L 1-101J-e-- p_4_1 -}olJe-- -,1 Clo T t_1(11 �- I ??c rtar (lam k__)SL.� /i-( _ l I - 7 E�cY a/( j o�s seli5R -J 74, 4 - —,--- , 1 • , --- Aaece 4 A/W no ---t ccL1 a5 it Li. f) el,zF q • 7.-P). ( 1/4•••(( ea_ - - _ 0 Ca0V-(--- -,-e:12(- _______,Fit ( 4 , . - __ .4.. ____ _ _, ''‘C' ---• - . a , -I' 6„,ey,a; eiq co ote k • :1 ,29 6,?-7pP.3 L Q04' C -lam Kta�s l.eT1e. r i• Charles Biederman Vice Chair James Hale 7105 Lars Holfve J Jeffrey Ratliff Mary Russell ✓ z w F,V • 1 • 2 b'e✓eq f , 105 Polk eXve , Telephone: (321,, www•►n;. i .. • a 7.. 431 x 4. Case No. 03-59 - 145 E. Central Blvd — R. Kopitas. Trt Cbr. f i1 an cam. r els ✓1� /C ®3 4r 5. Case No. 03-62- 8406 Canaveral Blvd — C. Williams. Sn Com ` i 4i1 REQUEST FOR RECONSIDERATION OF IMPOSED FINE: uoZk-e (0 61G)- 1. Case No. 2002 -DRS -00191, Yogi Patel, 6850 N Atlantic Avenue. oral !oi`o`o?'' tp(�yrl GE6 61aLe'r. �o 5 —po3 (),(- ' CoMPAr`'� C•Je OY h.e-FI lelik3 //149 ff. �. Oro o r� � c9 laD (AerK tet- - io° - /00 Ay c f en-6 QP,� T /\22( 1 ,.;11 lOod dpirc no i " C \ 110 viol .1 Seo /14°1 /.0 ck_ !cr L(0J U�v ,ft) V:eJ -eA‘7 a,c3 da -717 /Yee) 4-c--)ztir A P4/1CIZ -4 • 72yere., _ YeT:71 - Caa -74 -4 ..... 4 .. - - ! ...-• --? f4,6.(---- --er--- - nir-t--4-4-- (&-7' l..e.c.--t, rt,p-i" ' 0 c_-7- 5/io z -it, Ate,c_c___-.., ' .---C.?_ - _ _ .,... 4 c 6c t -Wt` - - far-C—c) .1‘1, 11 , 0- V-- `1_ 45' ' oin Cc/ - - ce5e,E.A_ — - 4.- r-C-V3tlou,.5 Czt p 44-4 -a- 44-4 f 5 • • 4 >12(10.3 ,,(.....) .. . - .. -- -- - -- - -.......... _ Gu')Lc , .."_.l.._a �4_ 11 "F Call to Order Roll CaII City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE August 21, 2003 7:00 P.M. Establishing Next Meeting Date: September 18, 2003 NEW BUSINESS: 1. Approval of Meeting Minutes: July 17, 2003 PUBLIC HEARINGS: 1. Case No. 03-31 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (276 Polk Avenue) — Klaus Wilckens, Property Owner. 2. Case No. 03-53 — Violation of Section 94-64, Criteria and standards for measurements and placement; (f) Ground Signs, of the Cape Canaveral Code of Ordinances, (7000 N. Atlantic Ave) — Mary Beasley, Trustee, Property Owner. 3. Case No. 03-58 — Violation of Section 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (268 Canaveral Beach Blvd) — Anne Hawkins, Property Owner. 4. Case No. 03-59 - Violation of Section 34-181, Storing, parking or leaving vehicles on private property, of the Cape Canaveral Code of Ordinances, (145 E. Central Blvd).— Richard Kopitas, Property Owner. 5. Case No. 03-62- Violation of Section Violation of Section 34-181, Storing, parking or leaving vehicles on private property, of the Cape Canaveral Code of Ordinances, (8406 Canaveral Blvd.) — Carol Williams, Property Owner. REQUEST FOR RECONSIDERATION OF IMPOSED FINE: 1. Case No. 2002 -DRS -00191, Yogi Patel, 6850 N Atlantic Avenue - Violation of Section 34-97, Responsibilities for maintenance of parking areas of the Cape Canaveral Code of Ordinances. Request for consideration of a reduction or elimination of the imposed lien. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Code Enforcement Agenda August 21, 2003 Page 2 Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities -riding special assistance to participate in any of these proceedings should contact the Cty perk's office at 868-1221, 48 hours in advance of the meeting. Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 J m Ford, G:F A. Paroparity, Appraisaes Br,,avard Goa ntyi FI. Pr0pert y [Home] [Meet Jim Fordj [FAQ] [General Info] [Save Our Homes] [Exemption3 (Contact U3j [Form1 [Appe-a-IJ (Property Research] [Map Search] (Maps & Data] (Unusable Propertyj [Tax Authorities( (What's New] (Links] General Parcel Information for 24 -37 -23 -CG -00073.0-0001.00 Parcel Id: 24 -37 -23 -CG- 00073.0-0001.00 Map Millage Code: 26G0Exemption: Mailing Address: Use Code: 1100 Property Address: 6850 N ATLANTIC AV, CAPE CANAVERAL, FL 32920 Tax Account: 2434856 Owner Information Owner Name: YOGI'S FOOD & BEVERAGE INC Second Name: $0 Third Name: Mailing Address: 6850 N ATLANTIC AVENUE City, State, Zipcode: CAPE CANAVERAL, FL 32920 Value Summary for 2001 * Market Value: $290,000 Agricultural Assessment: $0 Assessed Value: $290,000 Homestead' Exemption: $0 Other Exemptions: $0 Energy Exemption: $0 Taxable Value: $290,000 Legal Description Plat Book/Page: 0003/0007 AVON BY THE SEA LOTS 1 THRU 3, 10 THRU 12 BLK 73 View Plat (re_uires Adobe Acrobat Reader - file size may be large) Land Information Acres: 0.86 Lots/Units: 1 Front Feet: 300 Depth: 125 Site Code: 0 Land Value: $175,000 This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Book/Page Sale Date Sale Amount Deed Type Disqualification Code Disqualification Source Vacant/Improved 4378/0815 4159/2315 3767/1819 2847/2534 2847/2547 6/2001 4/2000 11/1997 10/1987 10/1987 11 $408,000 $100 $0 $100 $275,000 11 WD CT WD PT WD 02 01 11 I I 11 http://65.123.231.4/asp/Show_parcel.asp?acct=2434856&gen=T&tax=T&bld=T&oth=T&s... 8/14/2002 CASE NO: ADDRESS: LEGAL: CEB DATE: CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD 105 POLK AVENUE - P.O. BOX 326 CAPE CAVAVERAL, FLORIDA 32920 2003-00053 7000 N ATLANTIC AVENUE PARCEL ID# 24 -37 -23 -CG -00065.0-0009.00 AUGUST 21, 2003 LIST OF EXHIBITS DESCRIPTION EXHIBIT# CODE SECTION 94-64-2 GROUND SIGN SITE TRIANGLE A RECENT SITE INSPECTION PHOTO.... B SIGN PERMIT APPLICATION WITH DRAWING ,C PLAN CORRECTION SHEET DATED 5/21/03 D t 5"! (1 , it, -ilk-) lq A 7,-) 10 Ylr.) (1511'0f.1 ITs.907IkT,7t ;.:1(1(Y) 14:1 ti xicei :I.' ;I./NV.1\ 'L\111,441,...1 1 r I;Nr :t't(UcJA FA': C11 .10(1E. t!.-: f",ti; ) i11).721'10 /01TALP" • . R.?te Cr/1;0,50 "1.(..10'..) -•• • , .... .... Cf; n1.19 ,/01.1-Y1tre,V,I •• ffr! ) ......... . .. ... 17/ viitYf r)T.i,i(ii • • I • ..... • f , p • • • • r. I al -J:1 r•ki;-i?.. EXHIBIT A § 94-64 CAPE CANAVERAL CODE Sign Hight measured from grade level of closest edge of street paving. Frontage= 100' Ground Sign Area= Max. 150 s.f. Supp. No. 8 Property Property Line Sign Setback measured from property line. Figure 94-64-2. Ground Sign Site Triangle. Street Street Site Triangle. (no ground signs permitted) CORNER LOT Total Frontage= 150' Ground Sign Area= Max. 150 s.f. Figures 94-64-1, 94-64-2 CD94:12 EXHIBIT B CITY OF CAPE CANAVERAL CODE ENFORCMENT BOARD SITE INSPECTION 8/20/03 7000 N ATLANTIC AVENUE GROUND SIGN LOCATED WITHIN SITE TRIANGLE EXHIBIT C ou m1y E-mail your application: cape®c',1 ^om or fax at: 868-1247) Pei 1 # EXR11 _ ,ITY OF CAPE CANAVERAL - BUILDING PERMIT APPLICATION ATE CERTIFIED AND REGISTERED CONTRACTORS MUST PROVIDE: )oy of State License,General Liability Insurance ($100,$300,$25 Thousand) , Worker comp or exemption ) Sealed plans when required (all commercial and new construction), Copy of Contract and sub -contracts YOU WILL BE CALLED WHEN YOUR PERMIT IS ISSUED. pe of Permit: _ Bldg. _ Elect._ Plumb._Mech._Other (Specify) c.),/, -Ai, operty Owner: (/`— :dress: 7Dm0 /V f G,�i✓ � , rce �--�% ��r✓,f,/,=o4�Z- so site address: 7.7--- � S o�'�d_, S - 70ov /0 / L-' .operty owner(s) phone# l- - 049r) TEW CONSTRUCTION: Construction Type Size of Bldg. # of stories_ f ai,velling units , # of bedrooms # of baths pe: SFR T/H Apt. Condo. Commercial other: .ate Project Approved by Community Appearance Board General Contractor Co. Name: Address: State License No. Phone: Electrical Contractor Name: Address: Phone: State License No. Plumbing Contractor Name: Address: Phone: State License No. Mechanical Contractor Name: Address: Phone: State License No. Specialty Contractor Name: cz5,,,LS' Address: //e -a .�SCvy" Phone: c� % J State or County License No. sc: iption of Work: /11/ `al Valuation of Work$ 400 (submit copy of contract) Today's date: 7/-24//eL? "plication is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or :iL tion has commenced priolr to the issuance of a permit and that all work will be performed to meet the ..ndards of all laws regulating construction in this jurisdiction. ;„plicant's Name: -47:-/ / `�'°(G Applicant's Signature: cv",/Y/; /ARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY ESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU ':TEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY EFORE RECORDING YOUR NOTICE OF COMMENCEMENT. It EXHIBIT D JOB ADDRESS 7000 N Atlantic APPLICANT: Wayfast Signs BUILDING USE: Sign CONST. TYPE: PLAN CORRECTION SHEET PAGE 1 OF 1 DESIGNER: Wayfast Signs OCCUPANCY: AREA: 93 Sq Ft FLOOR AREA LOCATION OF PROPERTY: NORTH: EAST: SOUTH: WEST: HEIGHT: 8' OCCITE) ANT LOAD: AREA SEPT .ATION: STORIES SPRINKLER RQUIRED: YES (0.1.0 OCCUPANCT SEPARATION: RATED CORRIDORS: REVIEW OF ?LANS FOR THE ABOVE PROJECT REVEALS THE FOLLOWING DEFICENCIES: 1) Submit a survey showing location of sign. Include setbacks from property line. Per Ord. Sec. 94-61. 2) Is sign properly identified per Ord. Sec. 94-8. Post-ir Fax Note 7671 REVIEWED BY - DTH DATE : 5-21-03 k ' f 4py r r ., Maio 1 N- MIIIPl loll ■ { I J6, IL NNW, r I A AF v VII e Engineering, Inc. Monday, April 21, 20033 Mr. Klaus Wilckens Dolphin Apts. 276 Polk Ave Cape Canaveral, FL 32920 Ref: Legal Description 24 -37 -23 -CG -0043.0-0009 To Whom It May Concern: Please be advised that we inspected the above structure and recommended the following changes which have been implemented by the Owner: • Disconnect the electrical lighting and have it re -installed by, a licensed electrical Contractor. • Remove the overhead glazing. Noting that the above changes have been done (we did indeed witness them), this structure meets and exceeds the requirements set forth by the Florida Building Code, 2001 and current revisions. We analyzed the structure for wind loading up to 50 lbs./sq. ft which exceeds the loading caused by wind speed of 130 mph at exposure C. The above opinion is expressed without bias or prejudice and is based on those features which can be seen and measured. Sincerely, Byron Evens, P.E. Principal Engineer APR 2 2 2003 Enc: Photos, notes and calcs. 166 Center Street, Suite 203, Cape Canaveral, Florida 32920 Phone 321-784-5811 Fax 321-784-5815 trUCtures Engineering, Inc. CLIENT • SHEET NO. OF 2— PROJECT CPD SUBJECT e.c.A DATE Lit 2-214, BY 1 N 0 N, NA Z; 1 ,---. \ 4 ->r i" Z %D G. (' ,---- -J A 1 ' 5 ---, 7. , 1? Y ) 9c ) ) f\) rj N r .— -t) --I . _ NI 4: i ... r - APR 2 2 2003 1 rr , VI 1, www.existingstructures.com Str Pus g : LICitires Engineering, Inc. CLIENT PROJECT a 4.)t" of Gc . 60 SUBJECT SHEET NO. 2OFZ DATC4( (-2Z/0) BY U.II 5-0 A = t (6zs C 1S'i Z, o 4 - (Z- D vest = 1,6zS (S,S")C t5')(G7 f 7meg) = Co ISS. Jr (`i4 tAL Toe, ut(,w.,si, (egg) z 5-0 1bS www.existingstructures,com Table 12.3A Common Wire or Box Nail Design Values (Z) for Single Shear (two member) Structural Connections'' Structural panel to lumber with structural panel side members with an effective G=0.504 Side Member Thickness t inches Penny Weight' Specific Gravity (G) 0.55 0.50 0.45 0.40 0.35 Common Box Z lbs. Z lbs. Z lbs. Z lbs. Z. lbs. - 6d 47 45 44 42 39 6 d ... 6 8d _58 56_..54 78 51 __48 10 gage 3d 10d, 12d 72 70 67 64 59 7/16 - 16d 80 77 . 73 70 - 65 10d, 12d 20d, 30d 90 87 83 79 73 16d 40d. 106 102 98. 93 .86 20d - 126 122 116 110 102 - 6d 48 47 45..' 43.. -4o -- 6d 8d 60 58 55 53 49 8d IOd, 12d ' 74 71 68 65 6I 15/32, - 16d 81 78 75 71 66 1/2 10d, 12d 20d, 30d 91 88 84 80 75 16d 40d 108 104 99 94 88 20d - 127 123 117 111 103 - 6d 55 53 51 49 46 6d 3d ' 66 ' 64 62 59 55 8d 10d. 12d 80 78 74 71 67 19/32, - 16d 87 84 81 ' 77 72 5/8 10d, 12d 20d, 30d 98 95 91 87 81 16d 40d 114 110 105. 100 94 20d - 133 128 123 117 109 - 6d 58 55 53 50 46 6d 3d 69 67 63 60 55 3d 10d. 12d 88 85 82 78 74 23/32, - 16d 95 92 89 85 79 3/4 10d, I2d 20d, 30d 106 103 99 94 ,. 89 16d 40d 122 118 113 108 102 20d ' 6d 141 136 130 124 116 -6d' . 8d 49 47 44 42 39 18 gage 6d .... _- -.. 8d :56... .. 1. 74 66 t.3.048" 8d' IOd, 12d 97 93 90 83 76 1 - 16d . 108.. 103 .....4‘..-- 98 92 .85 10d, 12d 20d, 30d 123 118 112 105 97 16d 40d .: 146 . 141. 134 126. .116 20d - 164 159 153 146 138- - ' . 43 41.. =_39... 37 32 20 gage 6d4 8d 49 47 44 40 34 t,4.036" - IOd, I2d. :. 89 85:. .:8L ..-:'.76-,;70 72 1-1/8 - 16d 108 103 98 92 85 10d, 12d ' 20d, 30d ..: 123•: .1.18:.:112 ; • 105: .. 97.; . 16d 40d 147 141 134 126 116 20d--. - - 176. 170 161:,152..`140 ; - 6d' 37 35 33 30 25 6c14_._. 8d' 10d, 12d 81 7773 69 64 1-1/4 - • 16d 108 103 _ 98 ' : 92 . :.85 10d4, 12d 20d, 30d 121 116 110 104 96 16d 40d ' 147. .141' .134 126 ' 116 20d - 177 170 161 152 140 ' Tabulated lateral desien values (Z) for nailed connections shall be multiplii Steel side plate to lumber connections with ASTM A653, Grade 33 Steel Side Plates Side Member Thickness t inches Penny Weight' Specific Gravity (G) 0.55 0.50 0.45 0.40 0.35 Common Box Z lbs. Z lbs. Z lbs. Z lbs. Z lbs. - 6d 74 69 63 58 52 6d. - 8d 90 84 78 71 64 10 gage 8d 10d, 12d 111 103 95 87; 78 V-0.134" - .. 16d . 121 113 104 ' "95 85 10d, 12d 20d, 30d 137 127 117 107 96 16d . 40d 160 149 137 125 112 20d - 188 174 160 147 131 - 6d .67 62 57 52 47 6d 8d 83 78 71 65 58 8d . 10d, 12d 104 96 88 81 '72 12 gage - 16d 114 106 97 89 80 t,=0.105" 10d, 12d 20d, 30d 129 120 110 101 90 16d 40d 152 141 130 119 106 20d . - 181 168 154 140 125 - 6d 61 57 52 48 43 6d .._ 8d 78 . 72 . 66 61 .. - 54 8d 10d, 12d 98 91 84 76 68 14 gage - 16d 109 101 92 84 75 V0.075" 10d, 12d 20d, 30d 124 115 105 96 85 16d 40d 147 136 125 114 101 20d - 176 163 149 136 121 - 6d 59. 55 50 .46 41 6d8d 76 70 64 59 52 8d..., ... 10d, 12d 97 89 82 . 75 -66 16 gage t.-0.060" - 10d, 12d 16d . 20d, 30d 107, .122 99 113 91 .103 83 -- 94 74 84 16d 40d 146 135 123 112 100 20d ` - -175 162 -148 135 '120 - 6d 58 54 49 45 40 .6d : . 8d _75 69 63 "'58 51 18 gage 8d 10d, 12d 96 89 81 74 66 t.3.048" - .16d 106 98 90 - 82 ' 73 10d, 12d 20d, 30d 121 112 102 93 83 .16d.' :.40d 145 134' 123 112 ,99 20d - 171 162 147 134 119 . - ;. 6d ; 57 53 48 44 ,39 6d 8d r 75 69 63 57 51 20 gage 8d-- 10d, 12d 96. .. 88 81 :'93 .- 65 t,4.036" - 16d 106 98 90 82 72 IOd, 12d 20d,.30d. -` 12I . 112' 102 ',T93 ° : 82 16d 40d 145 134 122 111 99 v.20d :. - .129 129- 129 -129 119 y all applicable adjustment factors (see ANSI/AF&PA NDS -1997, Table 7.3.1). • Tabulated lateral design values (Z) are for common wire nails inserted in side grain with nail axis perpendicular to wood fibers, and with the following nail bending yield strengths (F F� = 100,000 psi for 0.113")and 0.131" diameter common wire nails and for 0.099", 0.113", 0.128", and 0.135" diameter box nails = 90,000 psi for 0.148" and 0.162" diameter common wire nails and for 0.148" and 0.162" diameter box nails F, = 80,000 psi for 0.192", 0.207" and 0.225" diameter common wire nails, FA, = 70,000 psi for 0.244" and 0.263" diameter common wire nails ' Tabular design values have been adjusted by the penetration depth factor, Cd, assuming main member penetration, p, equals nail length, L, • the side member thickness, t,:(p=L-tJ. See ANSI/AF&PA NDS1-1997 Section 12.3.4. Effective specific gravity assumes Douglas fir -Larch structural -use panel. Fd assumed for side member. ' Tabulated lateral design values (Z) are based on a dowel bearing strength (F) of 45,000 psi for ASTM A653, Grade 33 steel. See Table 12.3C for lengths and diameters of common wire and box nails based on penny weight designations. AMFRICAN FfRFRT R PAPER ASSOCJATI(1N APR 2 2 2003 S3f11VA NOIS3a Zrrx 6' &4 APR 2 2 2003 u dye - APR 2 2 2003 --? "Dr- <- e -eki- - 1-0 -� , 2 ,Q / Z n �.15f-see'- /0p-Ye i` yu k. q I (LB I SET •5 I Po 14119) REBAR II E R POLE* ♦ THE NORTH 17 FEET OF LOTS 8 & 9, BLOCK 43 m m ( UNMARKED) m ^ FOUND 1' IRON PIPE • -• -4 N89' 54' 40' E 99. 92 I DUMPST:, 1 1.45 PAD — Q, 6' P. V. C. FENCE C.�A '7 1 5. 3' X 1 2. 0' ARBOR 1111111111 I c~o ( SEE DETAI L ON SHEET 2) C 12 I . 51 r�%—��.:�7 77.0 131 I 3m p N 1 0. 29 A .• TWO STORY CONCRETE -BLOCK 1 M APARTMENT BUI LDI NG ~ z c i I N50.3 ^ W co in mm nt 13.4 c45 3. 5 I. E-. I jr-41 � J ri 13.3 W ¢ .-4 CONCRETE ATRI UM ::4 a Cr .--• CJI NC o m El 81 � 44 o 1 1� 1 ( UNMARKED) w m mm z 11.29 CHECK ¢ 12 1. 51.5 0 13. a T m m THREE STORY CONCRETE -BLOCK I N m APARTMENT BUI LDI NG 0 J 00 'DOLPHIN APARTMENTS' N f N 1 12.4 77.2 �' - 13.4 N ASPHALT PAVING m w VALVE w ~ o —J a - m ~ 3. 55 (LB 411 9) FOUND •5 REBAR =' SET *5 REBAR WATER METERS S89' 49' 05' W 99. 93 MAI L BOXES CEC WATER VALVES • MI AMI CURB • ( 48 FOOT RIGHT -OF - WAY ) POLK AVENUE LEGEND S89' 49' 05' W (BEARI NG BASI S) SEWER MAN HOLE o FOUND •5 REBAR Q SANI TARY SEWER MANHOLE • SET •5 REBAR A FOUND NAIL & DISC SHEET 1 OF 2 - POWER POLE jX LIGHT POLE FLOOD ZONE ' X' PER F. I . R. M. MAP NO. 1 2009C0 313 E (COMMUNI TY NO. 1 25094) , 1 1 -1 3- 97. PLAT OF SURVEY PREPARED FOR AND CERTIFIED TO : KLAUS WILCKENS LOT 9 AND 10, BLOCK 43, LESS THE NORTH 17. 00 FEET THEREOF, AVON -BY -THE SEA AS RECORDED I N PLAT BOOK 3, PAGE 7 OF THE PUBLI C RECORDS OF BREVARD COUNTY, FLORI DA. MPROVEMENT SURVEY 03-084, V. E. M. 08-08-03. NOT VALI 0 WI THOUT SURVEYOR' S I MPRESSI ON SEAL. BEARINGS REFER TO RECORD PLAT WITH THE CENTERLINE OF POLK AVENUE BEARI NG S 89' 49' 05' W. ELEVATIONS DEPICTED HEREON REFER TO NATIONAL GEODETIC VERTI CAL DATUM OF 1929. NO ENCROACHMENTS NOTED AT TI ME OF SURVEY. THE SURVEY DEPICTED HEREON I S TRUE AND MEETS THE MI NI NUM TECHNI CAL STANDARDS ACCORDI NG TO CHAPTER 61 G17-6, FLORI DA ADMI NI STRATI VE, CO E PURSUANT TO FLORI DA STATUTES , 77 AND 472.1 f `�/ M , �� O WM. V. POWELL P. L. S. ,NO. 2787 STATE OF FLORI DA DATE: 08-08-03 BEACH MAPPING A N D SURVEYING 8010 N. ATLANTIC AVE. SUITE 12 P.O. BOX 542 CAPE CANAVERAL, FLORIDA 32920 PHONE (321) 783-4174 FAX (321) 783-1058 SCALE: 1' 20' REF: 03-084 JOB NO. ; 03-084 A: \03084 . DGN 08/08 03 02:55:08 PM 0. 9 PROPERTY LINE 6'2. V. C. FENCE 12.1' 1. 80' w z J >- w IL O 0 1. 0' 0. D. COLUMN WI TH 2' SQUARE CONCRETE BASE ( TYPI CAL) 10. 29 APARTMENT BUI LDI NG WOODEN ARBOR (NO ROOF OR CONCRETE FLOOR) 2. 59' SHEET 2 OF 2 ARBOR DETAIL "DOLPHIN APARTMENTS" DATE: 08-08-03 SCALE: 1' = 5' REF: 03-084 JOB NO. : 03-084 BEACH MAPPING AND SURVEYING 8010 N. ATLANTIC AVE. SUITE 12 P.O. BOX 542 CAPE CANAVERAL, FLORIDA 32920 PHONE (321) 783-4174 FAX (321) 783-1058 A: \03084.06N 08/08/03 02: 55: 51 PM CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES AUGUST 21, 2003 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 21, 2003, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Jeffrey Ratliff Craig Stewart James Hale Charles Biederman Karen Hartley Lars Holfve MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Joy Daine Jeff Buack Duree Alexander Todd Morley Chairperson Alternate Vice Chairperson CRAFT Board Secretary Ass 4esr City Attorney Code Enforcement Officer Building Official The Board members established that the next meeting would be held on September 18, 2003. f 'bity Attorney Buack swore in all ttestimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 17, 2003. Motion by Mr. Biederman, seconded by Mr. Hale to approve the minutes of July 17, 2003. Vote on the motion carried unanimously. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS* DIVISION 1. GENERALLY ZONING • .t. Sec. 110-466. Application of performance standards. (a) Any use, building, structure or land devel- oped, constructed or used for any permitted prin- cipal use or any use permissible as a special exception or any accessory use shall comply with all of the performance standards set by federal, state'rand countv,,regulations. " (b) If any use or building or other structure is extended, enlarged or reconstructed, the perfo mance standards involved shall apply with 'e- spect to such extended,,enlarged or reconstru ed portion of such use, building or other struc re. (Code 1981, § 641.15) Sec. 110-467. Garage sales. The noncommercial sale of privat items at retail from residential pre monly known as a garage sale or y comply with the following: Hours of sale shall be re light hours. The sale may continue not more than three each. The two perio separated by a days, and the tot completed within days. Yards shall be all nonsale d y owned ses, com- sale, shall cted to'day- or two periods of consecutive days s of sale shall be um of four nonsale sale days shall be 5 consecutive calendar § 110-169 - (5) A sign pecifying a garage or yard sale ';^ may ►e displayed on the premises of the l" sale •n sale days only. Such sign shall not ex -ed four square feet in size. (6) ►' e person in charge of the sale shall ensure that automotive vehicles of poten- tial or actual customers do not interfere with pedestrian or vehicular traffic in the vicinity. (C de 1981, § 641.13) ec. 110-468. Accessory structures. (a) No accessory structure shall be erected in any front yard, and the accessory structure shall not cover more than 30 percent of any required rear setback. No separate accessory structures shall be erected within ten feet of any building on the same lot or within five feet of any lot line. An , accessory structure shall not exceed 24 feet in height. However, a lot with a one- or two-family residence only may have one additional accessory structure erected per unit, not to exceed 100 square feet with a maximum height of ten feet if detached or 32 square feet with maximum height of ten feet if attached in rear setback. 'In new construction an accessory building may not be constructed prior to the construction of the main building. No accessory building shall be used for any home occupation or business or for perma- nent living quarters; it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or otherwise used 3' as.a separate dwelling. eared of salable items on Subsequent garage sales conducted on the same p emises by the same household are pe -d 180 days after the close of the prec ' ding sale. • 'Cross refe :. ces—Litter, § 34-26 et seq.; property main- , tenance require .• eats, § 34-97; lighting regulations, § 34-206 ; et seq.; solid waste, ch. 62; floodplain protection regulations, § 90-91 et seq.; signs restrictions based on zoning district, § 94-96 et seq. Supp. No. 7 • J (b) Storage or utility sheds of a temporary nature, without a permanent foundation, not over';i 100 square feet in size or more than seven feet high, are exempt from this section, provided they are in the rear yard only. (Code 1981, § 641.23) Sec. 110-469. Visibility at intersections. On a corner lot in any zoning district, nothing; with 'the exception of traffic signs,' utility poles: and open chain link �or' wire fences, shall bei erected, placed, planted of alld-wed to grow be=` tween a height_ of 2i/2 feet and ten feet above the centerline grades of the intersecting streets in the CD110:59 ' +'firlarJuq' kr Code Enforcement Board Meeting Minsitacir•t � z .d August 21, 2003 , ft, 1 �4 . .. _R,_ . �' : ,'`"; Page 2 , . =F, . — ,I 6. p x 9 1. cL ? f 'Ilii .l4 g [ } 1" y L PUBLIC HEARINGS: , �� -Ze.2, a`� 4.srLiao ':ng ..f...: '.'; „ ., t , s c Q1,. , klik.,,7110 4"•i;';1;1�k r §�`:,Id4 ' q2 S! . 1. Case No.X 03-31 — Violation -of Sections 104 & 105 Florida Building 'Code — Permits & Inspectionsof"the Cape Canaveral Code Of Ordinances, (276 Polk Avenue) —. Klaus Wilckens, Property Owner. • ., .. Code Enforcement Officer, Duree Alexander provided an. overview' of•tlie case history and presented Exhibits for the Board's review. Officer Alexander stated" that the • structure was constructed in the setbacks without a permit., Fri _ O,lboC Klaus Wilckens provided Exhibits for the board to'review. `Mr. Wilckens testif d that he was unaware that he needed a permit. He further testified that he built the alaby so his, tenants could, enjoy the yard. Mr. Wilckens stated that 'he is' working'.to improve4and'' beautify the property. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Hale to allowDi� e thirty (30) days to obtain a permit to move the structure to bring it into compliance Vote on the motion carried unanimously. r, 4143 , 2. Case No. 03-53 — Violation of Section 94-64, Criteria and standards for measurements and placement; (f) Ground Sign .f the Cape `Canaveral Code of Ordinances, (7000 N. Atlantic Ave) — Mary Bea ey, Trustee, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the case history and presented Exhibits for the Board's review. 4�allAtd /401% of 4 t' Pr' 00 owiur� s ' j.t Mr. lata h Beasley, testified that he' roved `ethelsign in•1996 to bring it up to code and poured four feet of concrete around the base to strengthen the sign for hurricanes. t V'r x-- .. �• . John. Reagan; owner of JR's Hot Dog, testified that he chose this location because of the.: sign, and he believes.his business could not operate without the `sign. `" Motion by Mr. Stewart, seconded by Mr. Holfve to find Mary Beasely in compliance' with Section 94-64 of the City of Cape Canaveral Code of Ordinance, accepting the sign as a lawfully existing non -conforming structure. Discussion followed. Vote on the motion carried unanimously. 3. Case No. 03-58 — Violation of Section -104 & 105 Florida Building Code — Permits & Inspection (/•f the Cape Canaveral Code of Ordinances, (268 Canaveral Beach Blvd) nne Hawkins, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. Sent By: BROWN,SALZMAN,WEISSIdARGANESE' 407,425 9598; Sept Sen. Aug -2217D3 5:03PM; -44 Pagel 07-200 'e ndi.E l4.ter 22 .t e ar %., } 1f ther1. are any fit,(&sugn ref4a _ding r•h's fax, jet: ! i !'+ fblk •)-1 ,M: s B. 'i 3 t'a t:. i _..a. •.. ''n f* si r S .a ,P.yt►:1i� iiit.is `fists:` it`tt st Code Enforcement Board, -1'.'1--A1-1,--1.-,, �..`t • 4 r ' r 5 .. ,;�� 3+^.a rt a �,r w Meefirg Minutes. , elf w �. _ s k t L A. ti August 21, 2003 „ r 0..s ° ' : f. Page3..�:R,.� ,:,':n-... rye • �. �:. - IL. f 21 r aI e [I • '4. Case No. 03-59.- Violation of Section 34-181, Storing, parking g or leaving vehicles 4.41 on private property,rof the Cape Canaveral Code of Ordinances; (145 E. Central Blvd) — Richard Kopitas, Property Owner. • • w.. '.; Code Enforcement Officer,.;Duree,Alexander,testified that.this,Case was•in compliance: 5. • Case No. 03-62- Violation of Section Violation of Section 34-181, Storing, parking or leaving vehicles on private property, of the Cape Canaveral Code of Ordinances, (8406 Canaveral Blvd.) — Carol Williams, Property Owner. Code Enforcement•Officer,.Duree Alexander testified that this Case was in compliance. s # „• • ti REQUEST FOR RECONSIDERATION OF IMPOSED FINE: 1. Case No. 2002 -DRS -00192, Yogi Patel, 6850 N Atlantic Avenue - Violation of Section 34-97,° Responsibilities for maintenance of parking areas of the Cape Canaveral Code of.•Ordinances. Request for consideration of a reduction or vi•elimination of the imposed lien.` Code Enforcement Officer;' Duree Alexander provided an overview of the case history and "presented Exhibits for,the Board's review. Officer Alexander stated that Mr. Morley, -City•of Cape Canaveral Building Official •completed a site inspection on May 5,2003. At which time the Building Official found the 'property to be in compliance. Discussion i followed: Motion by Mr. Stewart, seconded'byiMr. Biederman to find the respondent in compliance with the City of Cape Canaveral,Code of Ordinance as of May 5th, 2003, based on the testimony by the Building Official: Vote on the motion carried unanimously. ., Mr. Patel testified that he did not have the money to pay the pending lien. He stated that `all available funds are used for property improvements. ° , Motion by Mr. Holfve, seconded by Mr. Stewart to recommend that the Cape Canaveral City Council.order Mr. Patel to obtain a permit within six months to pave the parking lot at 6850 N. Atlantic Ave and upon completion of the project, the Code Enforcement ,:Board recommends that the City Council rescind the fine/lien imposed on the property. ..Note on the motion carried unanimously. DRAFT CO 4g,.1'N'.411.',N.;14,ti.,..7-,:-:4-414`t....,;, • 0. • • A • • • • .24 • • . "*. •-• : • - •••a•• zr• . . • •• - • %;-4 st•°;.1.,0 W' • , • I z. PATIO • ,r%,19419uNriezoioN). =wart serreireinriclooK' OULDEP(VEDOlamorsoar.4,..4 • "•• .-••••fri.^..‘fr • • • •• • - THE :DAEMON • . " • t. 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' : - I ' e• 4 e .. • : . _ . : ,..):4- '..4....e. / -- ;' ;.-`,, .at ,... . ''.. 34-1 ••••••• 't' ••,-- u Chll , - - r'z 7,4 ? " t') • • • .7" • ,,te,t . 1 e ; 5 . • • • • 7..!'.1 •••••3.3 •••••••.•4 • • • •-.„, • • •• •-•••?•-- • •:••,-'?".ir-•r t4;..• • : ALIT< • • • • • 7.'47.7; ; • "4 t • • • t • 1.11" :•It • •:; • r ez:. , . k r,-.• ' • ...1 c , ,,,..... ki• ...44-. t:',*.di •,.." .1 - -1.• CodeEnforcement Board• „ ! , ''.‘ ‘. Meeting Minutes , . . Augt:ist.21, 2003 Id rl: i 1.Page'4- t ..,..t . There being no further business the meeting adjourned at 8:40 P.M. ''' , :49 ., 4 • ,, , • i, ' i' ; ) "",-.',Z...i dayof ;04 k ; 4ri ApproNied'on this •SOf‘' • • t t P. P 'Joy Daine, Board Secretary • , 2003 Mary Russell, Chairperson J Charles Biederman Walter Godfrey /James Hale J , 'Lars Holfve Vice Chair 1st Alt. Jett / Mary Russell ✓ Chair 0`3— MMS_ o deiry wa- 1 •p r 0-3—P6 to S� r Or- c�_ *dam .41 (P;( • .....- - -. _t -a( 0-,/ - - ac'— Caje°.36:7L P.^ - er....7:r 6:247.0_7 _.0-42V.1.122‘?>17- / VILA 1 ceep-__Pr-ce 7 k'IL4-1.1 ' -F1 E-1? -‘er_ — e 14- ; - - 6e.?f-LL fLt . bealc ,•• r- 77 r- e2 -a-,11., CZ/4_7a _ -.PCC) (T.. _ --ee) (..)( /1 -vg bcd:,; 1 3 -Coo( )0(--- FOC1 ."7 CNOV1--f (PA • -."-r ^7" _r) 1.3 LI; la e.c..)1cf t ‘‘). 71,-ceezt _ - L)flc..e.,s3..f _C f r, ...- i T `. a 3 ,r— • a+- Call to Order Roll Call City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE SEPTEMBER 18, 2003 7:00 P.M. Establishing Next Meeting Date: October 23, 2003 NEW BUSINESS: 1. Approval of Meeting Minutes: August 21, 2003 PUBLIC HEARINGS: Case No. 03-66 — Violation of Section 70-69, Occupational License Required, of the Cape Canaveral Code of Ordinances, (8211 Magnolia Ave.) — Keith Timmerman, Property Tenant. 2. Case No. 03-67 — Violation of Section 302.7.2, International Property Maintenance Code, Swimming Pools, (218 Jackson Ave.) — Thomas Mettee; Property Owner. 3. Case No. 03-76 — Violation of Section 70-69, Occupational License Required, of the Cape Canaveral Code of Ordinances, (141 Riverside Dr.) — Michael Harris, Property Owner. Case No. 03-85 - Violation of Section 34-98, Building Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (105 Justamere Rd.) — Donald Regan Jr., Property Owner. icf,-fgo-- REPORTS: 1. Case No. 2002 -DRS -00192, Yogi Patel, 6850 N. Atlantic Avenue - Violation of Section 34-97, Responsibilities for maintenance of parking areas of the Cape. Canaveral Code of Ordinances. City Council's response to the Code Enforcement Board's recommendation for reconsideration of the imposed lien. 2. Quarterly Code Enforcement Report. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfIrr.com Code Enforcement Agenda September 18, 2003 Page 2 Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES AUGUST 21, 2003 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on August 21, 2003, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Jeffrey Ratliff Craig Stewart James Hale Charles Biederman Karen Hartley Lars Holfve MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Joy Daine Jeff Buack Duree Alexander Todd Morley Chairperson Alternate Vice Chairperson Board Secretary Assistant City Attorney Code Enforcement Officer Building Official The Board members established that the next meeting would be held on September 18, 2003. Assistant City Attorney Buack swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: July 17, 2003. Motion by Mr. Biederman, seconded by Mr. Hale to approve the minutes of July 17, 2003. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes August 21, 2003 Page 2 PUBLIC HEARINGS: 1. Case No. 03-31 — Violation of Sections 104 & 105, Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (276 Polk Avenue) — Klaus Wilckens, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the case history and presented Exhibits for the Board's review. Officer Alexander stated that the structure was constructed in the setbacks without a permit. Klaus Wilckens provided Exhibits for the board to review. Mr. Wilckens testified that he was unaware that he needed a permit. He further testified that he built the arbor so his tenants could enjoy the yard. Mr. Wilckens stated that he is working to improve and beautify the property. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Hale to allow Mr. Wilckens thirty (30) days to obtain a permit to move the structure to bring it into compliance. Vote on the motion carried unanimously. 2. Case No. 03-53 — Violation of Section 94-64, Criteria and standards for measurements and placement; (f) Ground Signs, of the Cape Canaveral Code of Ordinances, (7000-N. Atlantic Ave) — Mary Beasley, Trustee, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the case history and presented Exhibits for the Board's review. Mr. Ballard Beasley, son of the property owner, testified that he moved the sign in 1996 to bring it up to code and poured four feet of concrete around the base to strengthen the sign for hurricanes. John Reagan, owner of JR's Hot Dog, testified that he chose this location because of the sign, and he believes his business could not operate without the sign. Motion by Mr. Stewart, seconded by Mr. Holfve to,find Mary Beasely in compliance with Section 94-64 of the City of Cape Canaveral Code of Ordinance, accepting the sign as a lawfully existing non -conforming structure. Discussion followed. Vote on the motion carried unanimously. 3. Case No. 03-58 — Violation of Section 104 & 105 Florida Building Code, Permits & Inspections, of the Cape Canaveral Code of Ordinances, (268 Canaveral Beach Blvd) — Anne Hawkins, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. Code Enforcement Board Meeting Minutes August 21, 2003 Page 3 4. Case No. 03-59 - Violation of Section 34-181, Storing, parking or leaving vehicles on private property, of the Cape Canaveral Code of Ordinances, (145 E. Central Blvd) — Richard Kopitas, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. 5. Case No. 03-62- Violation of Section 34-181, Storing, parking or leaving vehicles on private property, of the Cape Canaveral Code of Ordinances, (8406 Canaveral Blvd.) — Carol Williams, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. REQUEST FOR RECONSIDERATION OF IMPOSED FINE: 1. Case No. 2002 -DRS -00192, Yogi Patel, 6850 N. Atlantic Avenue - Violation of Section 34-97, Responsibilities for maintenance of parking areas, of the Cape Canaveral Code of Ordinances. Request for consideration of a reduction or elimination of the imposed lien. Code Enforcement Officer, Duree Alexander provided an overview of the case history and presented Exhibits for the Board's review. Officer Alexander stated that Mr. Morley, City of Cape Canaveral Building Official completed a site inspection on May 5, 2003. At which time the Building Official found the property to be in compliance. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Biederman to find the respondent in compliance with the City of Cape Canaveral Code of Ordinance as of May 5th, 2003, based on the testimony by the Building Official. Vote on the motion carried unanimously. Mr. Patel testified that he did not have the money to pay the pending lien. He stated that all available funds are used for property improvements. Motion by Mr. Holfve, seconded by Mr. Stewart to recommend that the Cape Canaveral City Council order Mr. Patel to obtain a permit within six months to pave the parking lot at 6850 N. Atlantic Ave. and upon completion of the project, the Code Enforcement Board recommends that the City Council rescind the fine/lien imposed on the property. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes August 21, 2003 Page 4 There being no further business the meeting adjourned at 8:40 P.M. Approved on this day of , 2003 Mary Russell, Chairperson Joy Daine, Board Secretary 9/03/2003 City of Cape Canaveral NOTICE OF ORDINANCE/CODE VIOLATION 2003-00066 Keith Timmerman 8211 Magnolia Cape Canaveral, Florida 32920 According to our records you are the business owner of the following described property: 243723CG00003.0-0008.0, 8211 Magnolia Avenue, Cape Canaveral, Florida 32920 , Brevard County, Florida. You are hereby notified that you are in violation of Sec. 70-69 Occupational License Required of the Cape Canaveral Code of Ordinances. Each person who shall engage in, transact or manage any business or who shall perform or offer to perform services or sell goods, for any business, shall first procure an occ. license. You must obtain an occupational license for your handyman business. If corrective action is completed in 10 days no further action will be taken. If corrective action is not completed then this matter will be scheduled for a Code Enforcement Board Hearing on 09/18/2003, at 7:00 P.M. at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. Your cooperation is appreciated. If you have any questions concerning this notice, please contact the City of Cape Canaveral Code Enforcement Office at (321) 868-1222. uree Alexander Code Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.corn .1 City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case No: 2003-00066 A Florida municipal corporation, Complainant, v. Keith Timmerman Tenant(s) of the property located at: 8211 Magnolia Avenue, Cape Canaveral, Florida 32920 Respondent(s) NOTICE OF VIOLATION PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within (15 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 8211 Magnolia Avenue, Cape Canaveral, Florida 32920 2. Name and address of owner(s) of Property where violation(s) exist(s): Carol M Irwin 101 N Riverside Drive Apt. 102 New Smyma Beach, Florida 32168 3. Description of violation(s) at Property: Sec. 70-69 Occupational License Required 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com a D 4. Recommendations to correct violation(s) described above: Each person who shall engage in, transact or manage any business or who shall perform or offer to perform services or sell goods, for any business, shall first procure an occ. license. You must obtain an occupational license for your handyman business. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. dee---/eaz-<0 ee Alexander Code Enforcement Officer Date: 7/29/2003 C: Carol M Irwin, 101 N Riverside Drive Apt. 102, New Symma Beach, FI <U.S. Postal'�ServiceTM ',CERTIFIED MIAILTM'RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comee HH 11SA 4 e 321 . Postage Certified Fee Return Redept Fee ment Required) SECTION ON DELIVERY inn ;, ame) C e • e • ❑ nt Addressee f Delivery ess different from item 1? • Yes livery address below: o 0280 04 Postmark Here US Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.corns Postage 2_Ea1/4D 3 -�c7 Certined Fee 52.30 0280 Return Reelept Fee 04 Postmark (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) 1 $4.42 07/30/2003 eith Timmerman X211 Magnolia Avenue citCape Canaveral, Florida 32920 PS Form 3800, June 2002 See Reverse for Instructions I 0 Expr Receiptll l'fietu for Merchandise 0 C.O.D. ery? (Extra Fee) 0 Yes 540 4835�/ 40.3 —Ob(�G 2ACPRI-03-P-4081 Section 70-69 -- Page 1 of 1 Section 70-69. License required; payment of tax prerequisite to issuance. Each person who shall engage in, transact or manage or be the agent for any business or who shall perform or offer to perform services or sell goods, advertise goods for sale or perform services or solicit or advertise the performance of services for any of the businesses, professions or occupations mentioned in this article shall first procure a license from the city and shall, upon procuring the license and before the issuance of the license, pay the amount of license tax required as provided in section 70-89. http://www.eog.state.fl.us/cape/CapeCanaveralCode/70-69.htm 7/29/03 THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, v. Thomas Mettee J Owner(s) of the property located at: 218 JACKSON AV Respondent(s) City of Cape Canaveral Case No. 2003-00067 NOTICE OF HEARING A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 18 day of September, 2003 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation, attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this :-'c day of ALI. , 2003. edording S etary Duree Alexander Code Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA »-IE } CITY OF CAPE CANAVERAL, Case No: 2003-00067 'VyA Florida municipal corporation, Complainant, v. Thomas J. Mettee Owner(s) of the property located at: 218 JACKSON AV Respondent(s) NOTICE OF VIOLATION PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within (15 ) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 218 JACKSON AV 2. Name and address of owner(s) of Property where violation(s) exist(s): Thomas J. Mettee 8515 Frankford Avenue Philadelphia, PA 19135 3. Description of violation(s) at Property: 302.7.2 Int. Property Maint. Code; Swimming Pools 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com 4. Recommendations to correct violation(s) described above: Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. Your pool is green and the tile is falling off the sides on several places. Please clean the pool and repair the damaged areas. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. Duree Alexander Code Enforcement Officer Date: 7/30/2003 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. I Print your name and address on the reverse so that we can return the card to you. 1 Attach this card to the back of the maiipiece, r on the front if space permits. t . rticle Addressed to: Thomas J. Mettee 8515..Frankford Avenue Philadelphia, PA 19135 c=� COMPLETE THIS SECTION ON DELIVERY A.:Signature B. Received bly (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes if YES, enter delivery address below: 0 No 3. Sery type ertified Mail ❑ Registered ❑ Insured Mail ❑ Ex Mail O'Rretum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Article Number., 7003 0500 0004 1840 4842 , e(rom service (Trann sffer from label) 'S Form 3811, August 2001 Domestic Return Receipt aCO3 -00&-.7 2ACPRI-03-P.4081 302.7.1 — 303.2 302.7.1 Gates. Gates which are required to be self-closing and self -latching in accordance with the International Building Code shall be maintained such that the gate will positively close and latch when released from a still position of 6 inches (152 mm) from the gatepost. + This performance-based criteria was specifically added to address pool -related problems where a child could gain entry through a gate that failed to close and latch properly and possibly drown. Gates that may have de- teriorated over time through age, wear and exposure to the elements are now addressed so that they will con- tinue to provide the intended level of protection. 302.7.2 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. ❖ Swimming pools, if neglected, can become a health hazard as a result of insect -attracting stagnant water. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul. including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. ❖ Improper storage of inoperable vehicles can be a seri- ous problem for a community. The vehicles are un- sightly, clutter the neighborhood, provide a harborage for rodents and are an attractive nuisance for children. This section establishes criteria for acceptable vehi- cle storage. No inoperable or unlicensed vehicles are permitted on a property unless approved in other regu- lations adopted by the community. This regulation ad- dresses two problems associated with vehicle storage and repair: • The blighting influence that improperly stored in- operable vehicles have on a neighborhood; and • The neighborhood mechanic who attempts to op- erate a vehicle repair business from home. Major vehicle repairs are permitted, but only if the work is performed in a structure designed and ap- proved for such use. Of course, this regulation does not affect the storage of vehicles on property that complies with applicable zoning or license requirements, such as repair ga- rages, salvage yards and similar establishments. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by plac- ing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. ❖ It must be the responsibility of the owner to, restore said surface to an approved state of maintenance and repair. Graffiti, carving and damage is a problem that plagues exterior surfaces of walls, fencing and sidewalks in cities and towns of all sizes. This problem begins as an eyesore and can result in serious consequences, including declin- ing property values and degradation of the structures' ability to repel rain and snow. Chapter 4 of the International Building Code should be consulted for spray booth approval criteria. The code prohibits painting operations outside of spray booths. SECTION 303 EXTERIOR STRUCTURE ❖ Maintenance criteria for the exterior elements of a structure are established in this section. The goal is to determine that the exterior of every structure is safe and structurally sound. 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. ❖ The exterior of structures must perform four primary functions: • R must be in good repair. There should be no evi- dence of deterioration, or damaged or loose ele- ments. • It must be structurally sound. There should not be any loose or collapsing pieces. Stairways, porches, balconies and similar structural elements must safely perform their intended functions. • It must be kept in a sanitary condition. There should be no accumulation of litter or debris on porches and other parts of the exterior structure. • It must be capable of preventing the elements (rain, snow, and wind) and rodents from entering the interior areas. 303.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -re- sistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces re- painted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or cor- rosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior sur- faces. Surfaces designed for stabilization by oxidation are ex- empt from this requirement. ❖ Other sections of the code require items such as walls, doors, windows and architectural trim to be maintained 26 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® COMMENTARY 3 City of Cape Canaveral NOTICE OF ORDINANCE/CODE VIOLATION 9/03/2003 2003-00076 Michael Harris 141 Riverside Drive Cape Canaveral, Florida 32920 According to our records you are the business owner of the following described property: , 141 Riverside Drive , Brevard County, Florida. You are hereby notified that you are in violation of Sec. 70-69 Occupational License Required of the Cape Canaveral Code of Ordinances. Per Section 70-69; each person who shall engage in or who shall perform or offer to perform services, or advertise the performance of services for any business shall first procure a license from the City. Please obtain an occupational license. If corrective action is completed in 10 days no further action will be taken. If corrective action is not completed then this matter will be scheduled for a Code Enforcement Board Hearing on 09/18/2003, at 7:00 P.M. at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. orwnrpr'iatari_If you have_anv questions concerning this notice, please contact the City 1110. nrnnnnr crc rurc,cC Trnnr S. PostajServjceTM CERTIFIED MAILTM,RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ;i For delivery information visit our website at:www.usps.coms 1 nnn,n, CTC Tu Postage Certified Fee Retum Reclept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total ' $4.42 enr , Michael Harris 141 Riverside Drive °rro, Cape Canaveral, Florida 32920 city, s SECTION ON DELIVERY 'rented ame) �(S O Agent D -Aailressee C. D.te of Deliv f..ss different from item 1? 0 Yes {livery address below: 0 No it 0 Expres ail { etum Receipt for Merchandise 0 C.O.D. eery? (Extra Fee) 0 Yes 1840 5795 ,.,.,.,. -'fib FL 32920-0326 (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com 2ACPRI-03-13-4 1 t: City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, ��'" Case No: 2003-00076 A Florida municipal corporation, Complainant, v. Michael Harris Owner(s) of the property located at: 141 Riverside Drive Respondent(s) NOTICE OF VIOLATION PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 141 Riverside Drive 2. Name and address of owner(s) of Property where violation(s) exist(s): Michael Harris 141 Riverside Drive Cape Canaveral, Florida 32920 3. Description of violation(s) at Property: Sec. 70-69 Occupational License Required 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX (321) 799-3170 • www.kn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com 4. Recommendations to correct violation(s) described above: Per Section 70-69; each person who shall engage in or who shall perform or offer to perform services, or advertise the performance of services for any business shall first procure a license from the City. Please obtain an occupational license. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. Duree Alexander Code Enforcement Officer Date: 8/12/2003 Section 70-69 Page 1 of 1 Section 70-69. License required; payment of tax prerequisite to issuance. Each person who shall engage in, transact or manage or be the agent for any business or who shall perform or offer to perform services or sell goods, advertise goods for sale or perform services or solicit or advertise the performance of services for any of the businesses, professions or occupations mentioned in this article shall first procure a license from the city and shall, upon procuring the license and before the issuance of the license, pay the amount of license tax required as provided in section 70-89. http://www.eog.state.fl.us/cape/CapeCanaveralCode/70-69.htm 8/12/03 THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, v. Donald J. Regan Jr. Owner(s) of the property located at: 105 Justamere Road Respondent(s) City of Cape Canaveral NOTICE OF HEARING Case No. 2003-00085 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 18 day of September, 2003 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation, attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATED this 4 day of 5-9( , 2003 l C� Recording Secretary Duree Alexander Code Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case No: 2003-00085 A Florida municipal corporation, Complainant, v. Donald J. Regan Jr. Owner(s) of the property located at: 105 Justamere Road Respondent(s) NOTICE OF VIOLATION PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 105 Justamere Road 2. Name and address of owner(s) of Property where violation(s) exist(s): Donald J. Regan Jr. 107 Justamere Rd. Cape Canaveral, FI. 32920 3. Description of violation(s) at Property: Sec.34-98 Building appearance and maintenance 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com 4. Recommendations to correct violation(s) described above: Section 34-98 (4) all surfaces shall be maintained free of broken glass or other conditions reflective of deterioration or inadequate maintenance. Sec. 34-98 (5) Exterior porches sahll be provided with railings properly designed. Please repair the windows and provide railings for the porch. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. 111.2‘ L1.27 puree Alexander tode Enforcement Officer Date: 8/20/2003 U:S:.> Postal: ServiceTM i CERTIFIED-VAILTM RECEIPT (Domestic Mail Oiillii No Insurance Coverage Provided) 1 r delivery information visit our website at www.usps.comfi, CAREr>Ct VErff R L L 9OA L aa.E Postage $ 80,37 ,-PPE 17,0_0 Certified Fee 82.30 / T $1,75 q(f 03 po c Hereriga G 2 2 2003 Tr'f4.�2 ....0A 3A@ swp Retum Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 80.00 Donald J. Regan, -rn 107 Justamere Road f Cape Canaveral, F132920 Jr. ini rr• ar1�Y City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 3 2. City Council Regular Meeting Minutes of August 19, 2003. Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove an item for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 3. Motion to Approve: Short List of Respondents to Request for Bid No. 03-05, Consultant/ Professional Engineering Services. Mr. Morgan asked if the Council would proceed with the top-ranking firm. Mayor Randels stated that traditionally Council performs an initial ranking and then interviews the top three firms. Mayor Pro Tem Petsos stated his desire to see staffs input on the firms to which Council members agreed. Mr. Boucher recommended a Ranking Workshop meeting immediately following the Budget Hearing on Monday, September 8th at 5:30 P.M. Council Members agreed. Mayor Randels summarized that selections would be finalized after reviewing staffs input. Representative Bob Allen arrived at this time. Motion to Approve: Satisfaction or Release of Code Enforcement Lien, Yogi Patel, Applicant. Mayor Randels reviewed background on the item and read the Requirement of City Code Section 2-260. Mayor Pro Tem Petsos pointed out that the Code Enforcement Board recommended rescinding the fine if Mr. Patel paved the parking lot. Mr. Morgan stated that a building permit is not required to patch a parking area. Mr. Yogi Patel explained that he patched holes in the parking lot within 10 -days of the order. Mr. Todd Morley, Building Official, reported after the order was imposed Mr. Patel repaired the holes however neglected to call Code Enforcement for an inspection. Mr. Morgan recommended releasing the lien in that the applicant was found in compliance. Mr. Morley informed that the Code Enforcement Board recommended that Mr. Patel obtain a permit to repave the parking lot prior to releasing the lien. Mr. Morgan expressed that such an action would set a precedent with other parking areas in states of disrepair. Mr. Hoog said that the Board's expectation was aesthetic improvement. Mr. Morgan said that resealing and re -striping might suffice. Mr. Hoog referred to the south of the parking area. Mayor Randels informed that the City desired to install and maintain a south entrance City sign in front of Mr. Patel's property and attempted to acquire an easement to do so. Mr. Morgan stated that the City City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 4 as authority within the right-of-way. Mayor Randels stated that the south portion on the 100 Block of Grant Street was within City limits and the City could maintain this area. Mayor Randels addressed Mr. Patel on the issue of an easement on the North Atlantic Avenue side in order for the City to install a sign and sidewalk and subsequently maintain the area. Mr. Patel replied that his attorney was reviewing the documents he received from the Public Works Director. Mayor Randels concluded that this item would be heard at a later time once the documents were reviewed. Attomey Garganese recommended a Motion to Table the item. A motion was made by Mr. Treverton and seconded by Mr. Hoog to Table Satisfaction or Release the Code Enforcement Lien, Yogi Patel, Applicant. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Building Permit Extension Request, The Scales Company of Brevard, Inc., Applicant. Mr. Morley stated that the Florida Building Code requirement is 90 -days for a building permit extension. He replied to Mr. Morgan that a separate permit was obtained for demolition. A representative from the Scales Company reported that the investors withdrew from the property due to the Space Shuttle Columbia incident. He responded to Mayor Randels that no new construction was begun under the previous permit and the permit was indeed issued under the new 2001 Florida Building Code. Attorney Garganese stated that a new permit is required due to lack of progress. Mr. Morley informed that under City Code provisions the local jurisdiction has the authority to extend the request. Mayor Pro Tem Petsos expressed his concern with transients occupying the unfinished buildings. Mr. Tom Parker said that plywood could be adhered to prevent vagrant occupancy. Mr. Hoog requested to have the plywood painted. Mayor Randels summarized a motion to approve the conditional extension to January 21, 2004, contingent upon adhering plywood with tapcons in order to prevent transient occupancy and painted in a neutral color. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the Extension until January 21, 2004 of the Existing Building Permit, Contingent Upon Adhering Plywood with Tapcons in -Order to Prevent Transient Occupancy and Painted in a Neutral Color. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 18-2003; Repealing Section 50-2 and Amending the Adult Entertainment Code. Mayor Randels read Ordinance No. 18-2003 by title. 9/11/2003, 9:50AM Case Number Address Description Master Activity Report CITY OF CAPE CANAVERAL- CODE ENFORCEMENT MONTHLY ACTIVITY REPORT Description (Full) 2003-00052 Section 110-551 Recreational. Vehicles, Boets,Trailer A site inspection on June 25, 2003, revealed a commercial vehicle perked at your propertyl located at 418 Lincoln Ave. Cape Canaveral The vehicle needs to be removed Property Printed by Duree 2003-00053 SEC. 94-64 (f), CRITERIA /STNDS FOR MEASUREMENTS AND PLACEMENT. The Location of the existing sign does not meet the current City of Cape Canaveral Code requirements for the location of the ground sign. Sign must be removed. 2003-00054 110-47 Written findings certifying compliance Violation of Special Exception 95-09, visual screening on fence and storage of vehicles. 2003-00055 34-122 (a) PUBLIC NUISANCS PROHIBITED The City of Cape Canaveral code Chapter 34, Section 122 requires all property be maintained in a neat manner and grass shall not exceed six inches. Please comply by mowing your front and back yard. 2003.00058 Sec. 34-96 Maintenance standard established Light Pole in parking lot leaning severely. Please repair structure. 2003-00057 Sec. 104.18105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS Constriction of a railing located above the garage without a permit Must obtain a building permit. 2003-00058 Sec. 104.18105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS 268 Canaveral Beach Blvd. Cape Cananveral FI. 32920 You must obtain a permit to replace roof sheathing. 2003-00059 Sec. 34-181 (a) Storing, parking or leaving on private property. '1. Blue Buick without a current license plate. 2. White Toyota without a cement license plate. Both vehicles are being parked/stored on your property. The vehicles must have a current year license plate or be removed from the Property 2003-00060 Sea 34-181 (a) Storing, parking or leaving on private property. Please remove the inoperable vehicle or provide proof of a current tag to this office. Upon failure to remove/provide a current tag the vehicle will be removed by the City with the cost of removal to be levied against the property owner or occupant 2003-00061 Sea 34-97 (a), (1) Duties & Responsibilities for Maintenance Please remove the garbage, trash and debris from the front yard. 2003-00062 Sec. 34-181 (a) Storing, parking or leaving on private property. 8406 Canaveral BNd Vehicles are not permitted to be parked, stored or left untagged within the City limits. Please obtain e current tag for the green Volvo Station Wagon or remove the vehicle. 2003-00064 34-97 (7) Duties and responsibllites for maintenance Vacant lot on the comer of Jefferson and Pointsett Vacant property shall be kept free of refuse, debris, trash, and/or Inver and vegetation cut periodically as needed. Please remove all trash and debris and cut the lot. , 2003-00065 34-97 (7) Duties and responsibilfes for maintenance Vacant lot between Madison and Monroe Vacant property shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. Please remove all debris and out back vegetation. 2003-00068 Sec. 70-69 Occupational License Required 8211 Magnolia Avenue, Cape Canaveral, Florida 32920 Each person who shalt engage In, transact or manage who shall perform or offer to perform services or set goods, for any business shall first procure an occupational license. You must obtain an occupational license for your. handymen business. 2003.00087 302.7.2 Int Property Maint. Code; Swimming Pools Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. Your pool is green and the tile is falling off on several places. Please clean the pool and repair the damaged areas. 2003-00068 34-122 (a) PUBLIC NUISANCS PROHIBITED All grass areas and yards on Improved property shall be property maintained In a neat and attractive manner end kep free of dead plants, debris. Please mow the grass and remove all trash and debris. Page 2 9111/2003, 9:50AM Case Number Address Description Master Activity Report CITY OF CAPE CANAVERAL- CODE ENFORCEMENT MONTHLY ACTIVITY REPORT Description (Full) Printed by Duree 2003-00069 34-97 (7) Duties and responsibilites for maintenance Vacant lot between Tyler and Harrison Avenues Vacant property shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed.Your property is overgrown and has adversely affected the adjacent property. Please mow the property and cut back the vegetation. 2003-00070 34-122 (b) Public Nusiances Prohibited 8817 N Atlantic Avenue Untagged vehicles are not permitted in the City limits. Please tag or remove the vehicles. 2003-00071 Section 110-334 Special Exception Required 8817 N Atlantic Avenue You must apply for a special exception for outside storage under 110334 (9) for recreational equipment. Please remove the recreational vehicles or obtain a special exception. 2003-00072 Sec. 34-96 Maintenance standard established 214 Jefferson Avenue SEC. 34-96 (d) exterior property shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Please remove all the cans and trash piled up at the back of your property. 2003-00074 Sec. 104.1&105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS 7605 Ridgewood Avenue Apt 16 You must obtain a building pent to replace the window in your unit per the Florida Building Code 104.1 and 105. 2003-00075 Sec. 34-97 (a), (1) Duties & Responsibilities for Maintenance 218 E Long Point Road Property must maintained free of brush, weeds, obnoxoius growth, garbage, trash, debris in order to avoid infestation of your property and surrounding properties. Per section 34-97 (a), (1), (6). Please mow your yard and remove the trash and debris. 2003-00076 141 Riverside Drive Per Section 70.69; each person who shall engage in or who shall perform or offer to perform services, or advertsie the performance of services for any business shall first procure a license from the City. Please obtain an occupational license for your home business. Sec. 70-69 Occupational License Required 2003-00077 Sec. 94-6 Prohibited signs and features. 8797 N Atlantic Avenue, Cape Canaveral, Florida 32920 Per Section 94-8, (r) temporary signs, unless specifically mentioned in this code are prohibited. Please remove the temporary signs attached to the pole of the ground sign located on the above mentioned property. 2003-00078 Sec. 104.1&105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS A building permit is required when you construct or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building or structure. Please obtain a building permit for your deck/porch. 2003-00079 302 Lincoln Avenue Operating a business without an occupational license. The City of Cape Canaveral does not have any record of you obtaining an Occupational License. Please obtain an Occupational License from the City of Cape Canaveral. Sec. 70-69 Occupational License Required 2003-00080 Sec. 70-69 Occupational License Required 8911 N Atlantic Avenue You applied for an occupational license on 4/11/03 for a mobile detailing business, but failed to pick up the license. You must obtain an occupational license 10 operate any type of business within the City times. 2003-00081 VACANT LOT ON SEASHELL Unimproved property shall be maintained in a manner so that vegetation shall not exceed 12 inches. Please mow the property. The vegetation exceeds the required height limit. 34-122 (a) PUBLIC NUISANCS PROHIBITED 2003-00082 34-122 (a) PUBLIC NUISANCS PROHIBITED VACANT LOT SEASHELL All umimproved property in the City shall be maintained in a manner such that the vegetation does not exceed twelve inches in height. Please mow the lot 2003-00083 Sea 34-97 Responsibilities for Maintenance of Parking areas Vacant property located on Canaveral Beach Blvd. Sec 34-97, (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. The vegetation is adversely effecting the adjoining property, please cut beck the vegetation and remove the trash and debris. Page 3 9/11/2003, 9:50AM Case Number Address Description Master Activity Report CITY OF CAPE CANAVERAL- CODE ENFORCEMENT MONTHLY ACTIVITY REPORT Description (Full) 2003-00084 Sec. 94-78Temporary on -premise signs 8400 N Mantic Avenue Per Section 94-76, (c) a temporary banner is issued for a period of thirty days only. Please remove your banner as the permit number 1352 has expired. 2003-001705 105 Justamere Road Section 3498 (4) all surfaces shall be maintained free of broken glass or other conditions reflective of deterioration a inadequate maintenance. Sea 34-98 (5) Exterior porches sate' be provided with railings properly designed. Please repair the windows and provide railings on the porch. Printed by Duree Sec.34-98 Building appearance and maintenance 2003-00086 SEC 34-209 Spillover lighting standards established 6103 N Atlantic Avenue Per Sec. 34-209; Area floodlighting factures within the coporate limits of the City shall be installed or equipped so that the light source does not transmit excessive spillover beyond the boundaries of the property. Please adjust the light on the pole (located on the southeast side) or provide a cover so that the light does not shine into the aparenents located south of the property. 2003-00087 Sec. 34-97(bX2) Screening of dumpster area on three sides 6952 N Atlantic Avenue, Cape Canaveral Per Section 34-97 (b), (2) Screening of dumpster area by use of walls, fencing, planting or a combination of these on three sides with the open side positioned away from public view when possible. Therefore, per our conversation, please move the screening to enclose the dumspter. 2003-00088 Sea 34-97(b)(2) Screening of dumpster area on three sides 105 Lincoln Avenue, Cape Canaveral, FI Per Section 34-97 (b), (2) Screening of dumpster area by use of walls, fencing, planting Of a combination of these on three sides with the open side positioned away from public view when possible. Therefore, per our conversation, please provide screening for your dumpster. Per Section 94-6 (e) any sign which is mobile oris not securely and permanently attached to the ground or a building is prohibited. Please remove your thirtty store sign (which is placed in front of the dumpster) and all non -permanent signage located on your property. 2003-00089 Sec.34-98 Building appearance and maintenance 6870 N Atlantic Avenue, Cape Canaveral, FI Per Section 34-98, (3) Mechaincial equipment, including air co dtioners or other utility hardware, on the rood, ground or buildings shall be screened from public view when practicable with materials harmonious with the buidling or they shall be located so as not to be visible from any public ways. You must provide screening for the NC Condnser Units located on the roof, on top of Play it Again. 2003-00090 315 E Central Avenue Per Section 34-96 (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, objects, materials or conditions which may create a health or fire hazard. Fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Please remove the brown bags end glass bottles from the fence. SEC 34-96 (d) Standards Established 2003-00091 Lincoln Anns Condo Staff would like to remind you that before any wok is preformed on the balconies, you must obtain a permit. Sec. 104.1&105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS 2003-00092 Sec.34-98 Building appearance and maintenance 332 Tyler Avenue, Cape Canaveral Sec. 34-98, (7) Vacant property and must be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. The back yard is overgrown and needs to be cut. Sea 34-96, (b) The owner is responsible for maintaining the exterior in a clean, sanitary and safe c ondition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure Is intended to be used. The metal shed is in disrepair and needs to be repaired or removed. 2003-00093 Sec. 34-96 Maintenance standard established 504 Jefferson Avenue, Cape Canaveral Sec. 34-96 (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or co dtions which may create a health or fire hazard. Exterior property areas unkept may cause a blighting or deteriorating effect on the neighborhood. 2003.00094 Sec 34-209 Spillover Lighting Standards Established 6099 N Atlantic Avenue, Cape Canaveral, FI Sec 34-209 Area floodlighting fixtures within the corporate limits of the City shall be installed or equipped so the light source does not transmit excessive spillover beyond the boundaries of the property. Please adjust the light on the pole located on the southeast side of 6103 N Atlantic or provide a cover so that the light does not shine into the apartments located south of the property. Page 4 9111/2003, 9:50AM Case Number Address Description Master Activity Report CITY OF CAPE CANAVERAL- CODE ENFORCEMENT MONTHLY ACTIVITY REPORT Description (Full) Printed by Dune 200300095 Sec 34-97 Respcnsibilities for Property Maintenance -overgrowth. Vacant Lot on N Atlantic Avenue•2437-14-28-00000.0.O00A.24 Sec. 34-97, (7) Vacant property shall be kept free of refuse, debris, trash and vegetation shall be cut periodically as needed. Please mow the property and maintain it. Page 5 Master Activity Report Summary CITY OF CAPE CANAVERAL- CODE ENFORCEMENT 9/11/2003, s:50AM MONTHLY ACTIVITY REPORT Printed by Duree 42 activity case records processed. Description Summary: District Summary: Department Summary: Employee Summary: *blank* 0 *blank* 0 *blank* 0 *blank* 0 ABAND-PU 0 SEC 14 18 AD 0 AB 0 ABAND-PV 3 SEC 15 2 BP 0 BB 0 ADDRESS 0 SEC 22 5 BZ 0 DBA 42 ANIMALS 0 SEC 23 17 CE 42 DRS 0 AANN mobile 1 SEC 26/27 0 FFDM 0 DS 0 BLDG APR 3 OL 0 GM EG 00 BOATS 0 PW 0 JB 0 CRITERIA 1 SD 0 JC 0 Dumpster 2 ,IWy 0 MR 0 FBC FENCES 0 RR 0 FLBC 5 SC 0 GRASS0 GRASS2 4 TB 0 IMPC 1 0 INTENT 0 intersects 0 Landscape 0 LIGHTING 0 LIGHTS 1 LITER 1 LITTER 0 MAINTENAN 0 C 2 MPA 1 NEC 0 NOISE 0 OCC. LIC. 4 OL -HOME 0 OP -MOW 1 PARK LOTS 0 Pools 1 PRKRWAY 0 RESPONSE 3 SBC 1994 0 SEA 0 TURTLE 0 set backs 0 SIDEWALKS SIGN ABND 0 SIGN APP 0 SIGN HAZ 0 SIGNS 1 SpecialEXP 1 STANDARD 1 STANDARD 3 S 0 TRASH 0 Unsafe Bks 0 USES 0 Zone R2 0 ZONING 1 ZONING110 Page 6 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 2, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: State Representative Bob Allen, Legislative Update State Representative Bob Allen addressed the Council with an update from the State Legislation. Representative Allen related that the Legislature completed Special Sessions on Medical Malpractice and Worker's Compensation and he would provide a synopsis on both. He reported that Ms. Nancy Hanson, Recreation Director kept him apprised of State recreational grant funding awarded to the City and he commended the City on Cherie Down Park being acknowledged as one of the cleanest beaches. He commented on the overall positive changes in the area. Representative Allen related that one idea to establish State revenue streams was for cities to pay Code Enforcement fees when going to Court and he supports the repeal of this bill due to its effect on the judicial process. Representative Allen acknowledged the City's 40th Anniversary and pledged support to assist with leveraged funding. He announced his return to the Transportation and Economic Development Appropriations Committee. Representative Allen spoke on the results of the Hospital Mitigation project in that land was increased to provide expansion. He related that the High Speed Rail would come before the legislature in an upcoming session. He encouraged Council to stay abreast of this issue in that transportation funding in the area is impacted. Representative Allen stated that Property Insurance rates had increased dramatically in Florida. He reported that the Wind Storm and Joint Underwriters Program were united in order to result in a cost savings under Citizens Insurance. He along with Commissioner Gallagher planned to remove the Arbitration Panel on insurance rates. He related that the Panel had power to increase rates and its repeal may prevent any special interest. He reported on the increasingly high rates for Workers Compensation and explained how fraud played a major part in the increased rates. The systems payment process created a City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 2 new enterprise among physicians, chiropractors and workers compensation attorneys who were receiving more payment than the injured worker. Representative Allen related that a new and more stringent definition for permanently disabled was introduced. The expectation is a 10 to 14 percent rate decrease. Representative Allen then spoke on Medical Malpractice and he related that Tort Reform was also introduced since Emergency Room care is a requirement with or without available insurance. Physicians felt left at greater risk and asked for sovereign immunity. Tort Reform would place a $150,000 cap on Emergency Room malpractice suits and all doctors are required to work for one hour in the Emergency Room (ER) in order to declare them ER physicians. A general cap of $500,000 was placed per offending group with a release of the cap for egregious proven medical malpractice. Medical specialists were reluctant to practice in the ER and the legislature saw the need to take action in order to retain the level of service for a Level One Trauma center. Representative Allen summarized that regulated rates would prompt the health insurance industry to disclose their rate structures. Mayor Randels asked if there were questions from the audience. Mr. Boucher informed that Citizens Insurance recently sent a cancellation notice on his wind damage insurance. Mayor Randels reported that the City does not pay for health insurance for dependants and now requires cost sharing for its employees, which does not fair equitably with the Cost of Living Allowance. Mayor Randels related that the Lt. Govemor said the Cape Canaveral hospital expansion had only one purpose, "to meet the health care needs of our growing community." Mr. Hoog inquired about the 15 percent savings in Workers Compensation insurance. Representative Allen replied that the industry should experience a 12 to 15 percent roll back due to legislative measures that took effect in July. However, overall the Legislature did not desire to regulate a free enterprise system. Mr. Hoog reported that as contractor he was not allowed to shop for rates since the industry sets the rates based on category. Representative Allen responded that each category is rated however Florida had excessive workers compensation rates for less riskier occupations by comparison on a national average. Representative Allen affirmed for Mr. Treverton that the actual amounts for malpractice were less threatening to the overall system. Mayor Pro Tem Petsos asked about telephone rate bills. Representative Allen responded that rates are now approved through the Public Service Commission. Mayor Pro Tem Petsos also expressed that the State legislature needs to address fireworks. Representative Allen replied that the fireworks industry has grown exponentially since its established use for agricultural purposes and discussion on regulation is forthcoming. Mayor Randels informed the audience that the desire is to restrict fireworks sales. Representative Allen encouraged the Council to continue to submit data on issues of concern. CONSENT AGENDA: 1 City Council Special Meeting Minutes of August 19, 2003. • Florida Recreation Department Assistance Program Grants for Banana River Park and Canaveral City Park Playground Renovations City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 3 2. City Council Regular Meeting Minutes of August 19, 2003. Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove an item for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 3. Motion to Approve: Short List of Respondents to Request for Bid No. 03-05, Consultant/ Professional Engineering Services. Mr. Morgan asked if the Council would proceed with the top-ranking firm. Mayor Randels stated that traditionally Council performs an initial ranking and then interviews the top three firms. Mayor Pro Tem Petsos stated his desire to see staffs input on the firms to which Council members agreed. Mr. Boucher recommended a Ranking Workshop meeting immediately following the Budget Hearing on Monday, September 8th at 5:30 P.M. Council Members agreed. Mayor Randels summarized that selections would be finalized after reviewing staffs input. Representative Bob Allen arrived at this time. ----> 04' Motion to Approve: Satisfaction or Release of Code Enforcement Lien, Yogi Patel, Applicant. Mayor Randels reviewed background on the item and read the Requirement of City Code Section 2-260. Mayor Pro Tem Petsos pointed out that the Code Enforcement Board recommended rescinding the fine if Mr. Patel paved the parking lot. Mr. Morgan stated that a building permit is not required to patch a parking area. Mr. Yogi Patel explained that he patched holes in the parking lot within 10 -days of the order. Mr. Todd Morley, Building Official, reported after the order was imposed Mr. Patel repaired the holes however neglected to call Code Enforcement for an inspection. Mr. Morgan recommended releasing the lien in that the applicant was found in compliance. Mr. Morley informed that the Code Enforcement Board recommended that Mr. Patel obtain a permit to repave the parking lot prior to releasing the lien. Mr. Morgan expressed that such an action would set a precedent with other parking areas in states of disrepair. Mr. Hoog said that the Board's expectation was aesthetic improvement. Mr. Morgan said that resealing and re -striping might suffice. Mr. Hoog referred to the south of the parking area. Mayor Randels informed that the City desired to install and maintain a south entrance City sign in front of Mr. Patel's property and attempted to acquire an easement to do so. Mr. Morgan stated that the City City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 4 as authority within the right-of-way. Mayor Randels stated that the south portion on the 100 Block of Grant Street was within City limits and the City could maintain this area. Mayor Randels addressed Mr. Patel on the issue of an easement on the North Atlantic Avenue side in order for the City to install a sign and sidewalk and subsequently maintain the area. Mr. Patel replied that his attorney was reviewing the documents he received from the Public Works Director. Mayor Randels concluded that this item would be heard at a later time once the documents were reviewed. Attorney Garganese recommended a Motion to Table the item. A motion was made by Mr. Treverton and seconded by Mr. Hoog to Table Satisfaction or Release the Code Enforcement Lien, Yogi Patel, Applicant. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Building Permit Extension Request, The Scales Company of Brevard, Inc., Applicant. Mr. Morley stated that the Florida Building Code requirement is 90 -days for a building permit extension. He replied to Mr. Morgan that a separate permit was obtained for demolition. A representative from the Scales Company reported that the investors withdrew from the property due to the Space Shuttle Columbia incident. He responded to Mayor Randels that no new construction was begun under the previous permit and the permit was indeed issued under the new 2001 Florida Building Code. Attorney Garganese stated that a new permit is required due to lack of progress. Mr. Morley informed that under City Code provisions the local jurisdiction has the authority to extend the request. Mayor Pro Tem Petsos expressed his concern with transients occupying the unfinished buildings. Mr. Tom Parker said that plywood could be adhered to prevent vagrant occupancy. Mr. Hoog requested to have the plywood painted. Mayor Randels summarized a motion to approve the conditional extension to January 21, 2004, contingent upon adhering plywood with tapcons in order to prevent transient occupancy and painted in a neutral color. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the Extension until January 21, 2004 of the Existing Building Permit, Contingent Upon Adhering Plywood with Tapcons in Order to Prevent Transient Occupancy and Painted in a Neutral Color. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 18-2003; Repealing Section 50-2 and Amending the Adult Entertainment Code. Mayor Randels read Ordinance No. 18-2003 by title. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 50-2 OF THE CODE OF ORDINANCES; PROVIDING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE, TO CONFORM TO THE BREVARD COUNTY PUBLIC NUDITY ORDINANCE; AMENDING THE PLATFORM REQUIREMENT FOR PERFORMERS IN ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Mayor Pro Tem Petsos replied to Mr. Nicholas that the City is responsible for public nudity enforcement. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Ordinance No. 18-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Adopt: Ordinance No. 22-2003; Amending Section 54-47; Providing for a Revised Definition of Vessel. Mayor Randels read Ordinance No. 22-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 54-47 RELATING TO THE VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR A REVISED DEFINITION OF VESSEL; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO, THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 22-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Adopt: Ordinance No. 23-2003; Amending Chapter 62; Relating to the Collection of Solid Waste. Mayor Randels read Ordinance No. 23-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECOVERABLE MATERIALS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR THE REGULATION OF RECOVERABLE MATERIALS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 6 There was no public comment. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Adopt Ordinance No. 23-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Adopt: Ordinance No. 24-2003; Amending Chapter 34, Article II, Lifter. Mayor Randels read Ordinance No. 24-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34, ARTICLE II ENTITLED LITTER; PROVIDING FOR THE ADOPTION OF CODE SECTIONS 34-42 AND 34-43; PROVIDING FOR THE REPEAL OF CHAPTER 34, ARTICLE II, DIVISION 3 IN ITS ENTIRETY; PROVIDING FOR ENFORCEMENT OF THE CITY'S CODE ENFORCEMENT BOARD OF LITTER CONTROL REGULATIONS; PROVIDING FOR THE ABATEMENT OF LITTER AND ASSESSMENT OF COSTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Adopt Ordinance No. 24-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 10. Motion to Adopt: Ordinance No. 25-2003; Amending Chapter 34, Relating to Inoperable Motor Vehicles. Mayor Randels read Ordinance No. 25-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34 OF THE CAPE CANAVERAL CODE RELATING TO INOPERABLE MOTOR VEHICLES; PROVIDING FOR A REFINED DEFINITION OF INOPERABLE MOTOR VEHICLE; PROVIDING FOR SCREENING OF INOPERABLE VEHICLES STORED WITHIN A CARPORT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 25-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 7 11. Motion to Adopt: Ordinance No. 26-2003; Amending Chapter 54, Relating to Commercial Solicitation. Mayor Randels read Ordinance No. 26-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54 OF THE CITY CODE RELATING TO COMMERCIAL SOLICITATION; PROVIDING FOR THE REGULATION OF COMMERCIAL SOLICITATION UPON THE CITY'S BEACHES AND WITHIN CITY PARKS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 26-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 12. Motion to Approve: Ordinance No. 28-2003; Amending Section 66-39, Providing for the Vacation or Closure of a Public Street by Resolution, for second reading. Mayor Randels read Ordinance No. 28-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE VACATION AND CLOSURE OF PUBLIC STREETS AND OTHER PLACES USED FOR TRAVEL; PROVIDING FOR THE AMENDMENT OF SECTION 66-39 OF THE CITY CODE; PROVIDING FOR VACATION OR CLOSURE THROUGH_ ADOPTION OF A RESOLUTION BY THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council inquired about the change of procedure. Attorney Garganese stated that Vacation of property was historically performed by Resolution and this would bring Closure of Public Streets into a conforming process. Mayor Pro Tem Petsos expressed instead to change the platting requirement to an ordinance form. The Council expressed to prevail on the side of caution and provide legal advertising notice to residents when public property is involved. Mr. Gene Petre asked how the residents were notified on Item No. 14. The City Clerk responded by mail. He recommended that the City make such notifications by Certified Mail. Ms. Lee Vicidomini pointed out that in the past when a vacation was done as a Resolution such as the subsequent item it was_not recorded and an ordinance would allow for an official adoption. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 8 A motion was made by Mayor Randels and seconded by Mayor Pro Tem Petsos to Approve Ordinance No. 28-2003 for discussion. The vote on the motion failed 5-0 with voting as follows: Mr. Hoog, Against; Mr. Morgan, Against; Mayor Pro Tem Petsos, Against; Mayor Randels, Against and Mr. Treverton, Against. 13. Motion to Approve: Ordinance No. 29-2003; Amending Chapter 74, Relating to Penalties for Parking, for second reading. Mayor Randels read Ordinance No. 29-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CITY CODE RELATING TO PENALTIES FOR PARKING VIOLATIONS; PROVIDING FOR THE COORDINATION OF THE CITY'S PENALTIES FOR PARKING VIOLATION WITH REQUIREMENTS OF THE FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels responded to Mr. Gene Petre that parking fines would be increased to $30.00 in order to come into compliance with the Florida Statutes. Mr. Leo Nicholas inquired about No. 6 and questioned if that should read unauthorized parking in a handicapped space. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve Ordinance No. 29-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 14. Motion to Approve: Resolution No. 2003-28;Vacating a (12) -Foot Wide Alleyway Adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75 — Avon -by - the -Sea. Mayor Randels reported that a letter was submitted requesting postponement until legal counsel for one of the parties would be prepared to attend. Council agreed to proceed due to changing the procedural form for Vacation of Public Lands from a Resolution to an Ordinance. For the record the title of Resolution No. 2003-28 was changed to Ordinance No. 31[32]-2003. Mayor Randels read Ordinance No. 31[32]-2003 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL; BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF A TWELVE -FOOT WIDE, ALLEYWAY LYING WEST AND ADJACENT TO LOTS 5, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON -BY - THE -SEA," RECORDED IN PLAT BLOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 9 COUNTY, FLORIDA, (CONTAINING APPROXIMATELY 3,257 SQUARE FEET, MORE OR LESS); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Garganese provided background on the issue summarizing that the property owners had litigated an issue conceming the alleyway and part of their settlement agreement was to re -petition the City for the vacation of this alleyway, which is the matter before the Council. In review of the record, a previous Council had adopted a Resolution vacating this alleyway in 1973 with a condition prior to its recording in the Public Records however the condition was not fulfilled and the Resolution was subsequently not recorded. Attomey Garganese advised that the Council focus on the issue of "does the alleyway serve a public purpose," on the decision to vacate. Mr. Treverton asked if the vacation could be retroactive to 1973. Attorney Garganese replied no. Mr. Hoog asked for the previous condition on the vacation. Attorney Garganese replied that the condition called for construction in order to vacate. Jason Hedman attorney for Mr. and Mrs. Moriarity, owners of Lot 13, addressed the Council and referred to Page 49 in the package. Attorney Hedman clarified that he did not represent any of the other parties involved. He referred to a memo from former Code Enforcement Officer, Greg Mullins to then Building Official, Dennis Franklin that outlines the history of Resolution No. 73-11that was also attached. Mr. Treverton inquired which parties were in favor of vacating. Mr. Schoenfeld expressed that his legal counsel was not available and he had submitted a letter requesting a delay. Mr. Morgan replied that since the Resolution was now an Ordinance he would have additional time for representation. Mr. Morgan noted that Lot 5 was legally permitted to make additions on his property. He said that the City was responsible to either make his construction non -conforming or pay him for the concrete poured. Mr. Morgan stated that if the Council vacates the alleyway, the driveway for Lot 5 goes into the other half of the alleyway. Attorney Hedman distributed a letter entitled a Summary of Petition to Vacate the Alleyway and stated that there were signed consents from all adjoining property owners. Attomey Hedman summarized the points in the Petition as: 1) the petition is to correct a misunderstanding on the vacated property. Mayor Randels inquired why the Title insurance did not cover that aspect of transferring property. Since public records were not researched throughout the transfers of deeds among subsequent property owners, each owner assumed what they thought was ownership of a vacated property. Attorney Hedman continued with Point number 2) public purpose, does it serve viable use, Point number 3) to expedite the time in resolving the issue and Point number 4) there is no recorded vacation of this alleyway verified by Forrest Broker in Item No. 66 in the Planning and Zoning package. Attorney Hedman had also submitted copies of the settlement suit, Items No. 77-83. He became involved when Mr. Moriarity was informed that he would no longer have access to his home due to an anticipated fence installation that followed in a 20 -foot access easement agreement. Consequently, there was still the issue of the alleyway'and it was determined to vacate the alleyway in order to provide all parties with an additional 12 -feet providing 6 -feet to the property owners on either side of it. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 10 Mayor Randels pointed out that for some property owners the allocated 6 -feet would extend beyond that measurement. Attorney Hedman stated that public purpose was the rationale. He stated that those in Siesta Del Mar had consented. Mr. Hoog noticed that Lots 5 had a structure in the alleyway and he inquired about the outcome of vacating. Mayor Randels clarified that the Council's only focus was to decide on whether to vacate the alleyway. Mr. Vicidomini, of Lot 11, said that Lots 10 through 12 would have the problem of litigation at this point the City owns the property. He pointed out that if the alleyway is vacated then there is an access egress issue. Mr. Vicidomini stated that one of the points of previous litigation was whether the alleyway was vacated. He expressed that he did not desire to maintain or make changes to the alleyway after the City vacates it. M'r. Hoog pointed out that Lot 5 was permitted through the City for a driveway and the problem lies in that the Resolution was not recorded and these things were performed in a non- conforming manner. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to extend the meeting until 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Mr. Vicidomini expressed that if there are obstructions in the alleyway, he would prefer that the City correct them prior to vacating. Mr. Hoog expressed that the City neglected to record the Resolution and subsequent construction was permitted. Mayor Randels clarified that the previous Resolution was adopted contingent upon an action. Mr. Boucher stated that a review of the documentation was needed of what was provided to the Building Department for construction. Mr. Hoog asked the City Attorney if Lot 11 decided to sell the property is it required to disclose in the deed that the property has ingress and egress to Lot 12 and 13. Attorney Garganese affirmed. Mrs. Vicidomini expressed that when Lot 11 was purchased the property transferred with the Lot plus the eastern 6 -feet of the vacated alley in their title. When the Kister's purchased Lot 12 they too were transferred with the Lot plus 6 -feet of the vacated alleyway. Mr. Moriarity of Lot 13 also had 6 -feet of the vacated alleyway. Mrs. Vicidomini stated that when Mr. Moriarty installed his driveway he moved farther into the stated 6 -feet of the vacated alley. The property owners merely wanted to know if the City had vacated the alley. Mrs. Vicidomini expressed that little headway was made with the City in establishing if the alleyway were vacated since she began her inquiry in the early 1990's. Mr. Treverton asked the City Attorney if the alleyway could be vacated with conditions. Attorney Garganese replied that the alleyway is not used for utility purposes and therefore serves no public purpose. Attorney Garganese stated that the City would encounter private issues on who has the obligation of maintaining the ingress and egress. Mayor Randels made a point of order that the City's decision is to determine if the alley serves a public purpose. Mr. Walter Schoenfeld, of Lot 5, stated that the City has issued him four building permits and he also had the authorization of the title company and the surveyor. He stated that vacating the alleyway would ensue for him a civil suit with his neighbors and therefore this decision would not benefit his property. Mr. Hoog suggested that the owner of Lot 5 remove the City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 11 existing shed and the City could bear the expense of paving 150 -feet and change the driveway accesses from Lots 12 and 13 off of Lot 11. Mayor Randels clarified that if the City paved the entire 12 -feet of the alley allowing access to Lot 12 and 13 off the alley and eliminated people driving through Lots 11 and 12 the City would keep and maintain the alley. Attorney Hedman responded that the two condominiums have been platted over an alley that was not legally vacated and these legal problems would remain. However, if the City finds that there is no public purpose then the decision to vacate is that of the Council. Mr. Hoog re -stated his point to pave the alleyway and then vacate it. Mayor Randels concluded that no motion or action was taken on the ordinance and a first reading would defer to the next City Council meeting and the remaining Agenda Items would also be on the next meeting. ADJOURNMENT: There being no further discussion, the Chair adjourned the meeting at 10:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK 9/11/2003, 9:50AM Case Number Address Description Master Activity Report CITY OF CAPE CANAVERAL- CODE ENFORCEMENT MONTHLY ACTIVITY REPORT Description (Full) Printed by Duree 2003-00052 Section 110-551 Recreational. Vehicles, Boets,Trailer A site inspection on June 25, 2003, revealed a commercial vehicle parked at your property located at 418 Lincoln Ave. Cape Canaveral. The vehicle needs to be removed from property. 2003-00053 SEC. 94.84 (f), CRITERIA /WINDS FOR MEASUREMENTS AND PLACEMENT. The location of the existing sign does not meet the current City of Cape Canaveral Code requirements for the location of the ground sign. Sign must be removed. 2003-00054 110-47 Written findings certifying compliance Violation of Special Exception 95-09, visual screening on fence and storage of vehicles. 2003-00055 34-122 (a) PUBLIC NUISANCS PROHIBITED The City of Cape Canaveral code Chapter 34, Section 122 requires all property be maintained in a neat manner and grass shall not exceed six inches. Please comply by mowing your front and bads yard. 200300058 Sec. 34-96 Maintenance standard established Light Pole in parking lot leaning severely. Please repair structure. 2003-00057 Sec. 104.1&105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS Construction of a railing located above the garage without a permit. Must obtain a building permit. 2003-00058 Sec. 104.1&105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS 288 Canaveral Beath Blvd. Cape Cananveral FI. 32920 You must obtain a permit to replace roof sheathing. 2003-00059 Sea 34-181 (a) Storing, parking or leaving on private property. 1. Blue Buick without a current license plate. 2. White Toyota without a current license plate. Both vehicles are being parked/stored on your property. The vehicles must have a current year license plate or be removed from the Pr'oPerly 2003-00060 Sec. 34-181 (a) Storing, parking or leaving on private property. Please remove the inoperable vehicle or provide proof d a current tag to this office. Upon failure to remove/provide a aurent tag the vehicle will be removed by the City with the cost of removal to be levied against the property owner or occupant. 2003-00061 Sea 34-97 (a), (1) Duties & Responsibilities for Maintenance Please remove the garbage, trash and debris from the front yard. 2003-00062 Sec. 34-181 (a) Storing, parking or leaving on private property. 8406 Canaveral Blvd Vehicles are not permitted to be parked, stored or left untagged within the City limits. Please obtain a current tag for the green Volvo Station Wagon or remove the vehicle. 2003-00064 34-97 (7) Duties and responsibilites for maintenance Vacant lot on the caner of Jefferson and ParHsette Vacant property shall be kept free of refuse, debris, trash, and/or litter and vegetation cut periodically as needed. Please remove all trash and debris and cut the lot. 2003-00065 34-97 (7) Duties and responsibilites for maintenance Vacant lot between Madison and Monroe Vacant property shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. Please remove all debris and cut bads vegetation. 2003-00068 Sec. 70-89 Occupational License Required 8211 Magnolia Avenue, Cape Canaveral, Florida 32920 Each person who shall engage In, transact or manage who shall perform or offer to perform services or set goods, for any business shall first procure an occupational license. You must obtain an occupational license for your handyman business. 2003-00067 302.7.2 Int. Property Maint. Code; Swimming Pools Swimming pools shall be maintained in a dean and sanitary condition, and in good repair. Your pool is green and the tile is falling off on several places. Please clean the pool and repair the damaged areas. 2003-00068 34-122 (a) PUBLIC NUISANCS PROHIBITED All grass areas and yards on improved property shall be property maintained in a neat and attractive meaner and kep free of dead plants, debris. Please mow the grass and remove all trash and debris. Page 2 9/11/2003, 9:50AM Case Number Description (Full) Address Description Master Activity Report CITY OF CAPE CANAVERAL- CODE ENFORCEMENT MONTHLY ACTIVITY REPORT Printed by Duree 2003-00069 34-97 (7) Duties and responsibilites for maintenance Vacant lot between Tyler and Harrison Avenues Vacant property shall be kept free of refuse, debris, trash or litter and vegetation cut periodically es needed.Your property is overgrown and has adversely affected the adjacent property. Please mow the property and cut back the vegetation. 2003-00070 34-122 (b) Public Nusiances Prohibited 8817 N Atlantic Avenue Untagged vehicles are not permitted in the City limits. Please tag or remove the vehicles. 2003-00071 Section 110-334 Special Exception Required 8817 N Atlantic Avenue You must apply for a special exception for outside storage under 110334 (9) for recreational equipment. Please remove the recreational vehicles or obtain a special exception. 2003-00072 Sec. 34-96 Maintenance standard established 214 Jefferson Avenue SEC. 34-96 (d) exterior property shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Please remove all the cans and trash piled up at the back of your Pay 2003-00074 Sec. 104.18105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS 7605 Ridgewood Avenue Apt 16 You must obtain a building permit to replace the window in your unit per the Florida Building Code 104.1 and 105. 2003-00075 Sec. 34-97 (a), (1) Duties & Responsibilities for Maintenance 218 E Long Point Road Property must maintained Nee of brush, weeds, obnoxoius growth, garbage, trash, debris in order to avoid infestation of your property and surrounding properties. Per section 34-97 (a), (1), (6). Please mow your yard and remove the trash and debris. 2003-00078 Sec. 70-69 Occupational License Required 141 Riverside Drive Per Section 70-69; each person who shall engage in or who shall perform or offer to perform services, or advertsie the performance of services for any business shall first procure a license from the City. Please obtain an occupational license for your home business. 2003-00077 Sec. 94-6 Prohibited signs and features. 6797 N Atlantic Avenue, Cape Canaveral, Florida 32920 Per Section 94-8, (r) temporary sign, unless specifically mentioned in this code are prohibited. Please remove the temporary signs attached to the pole of the ground sign located on the above mentioned property. 2003-00078 Sec. 104.1&105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS A building permit is required when you construct or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building or structure. Please obtain a building permff for your deck/porch. 2003-00079 Sea 70-69 Occupational License Required 302 Lincoln Avenue Operating a business without en occupational license. The City of Cape Canaveral does not have any record of you obtaining an Occupational License. Please obtain an Occupational License from the City of Cape Canaveral. 2003.00080 8911 N Atlantic Avenue You applied for an occupational license on 4111/03 for a mobile detailing business, but failed to pick up the license. You must obtain an occupational license to operate any type of business within the City Limits. Sec. 70-69 Occupational License Required 200300081 VACANT LOT ON SEASHELL Unimproved property shall be maintained in a manner so that vegetation shall not exceed 12 inches. Please mow the property. The vegetation exceeds the required height limit. 34-122 (a) PUBLIC NUISANCS PROHIBITED 2003-00082 34-122 (a) PUBLIC NUISANCS PROHIBITED VACANT LOT SEASHELL All umimproved property in the City shall be maintained in a manner such that the vegetation does not exceed twelve inches in height Please mow the lot 2003-00083 Sec34-97 Responsibilities for Maintenance of Parking areas Vacant property located on Canaveral Beach Blvd. Sec 34-97, (7) Vacant property and improve rents shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. The vegetation is adversely effecting the adjoining property, please cut back the vegetation and remove the trash and debris. Page 3 9/11/2003, 9:50AM Case Number Address Description Master Activity Report CITY OF CAPE CANAVERAL- CODE ENFORCEMENT MONTHLY ACTIVITY REPORT Description (Full) Printed by Duree 2003-00084 Sec. 94-l6Temporary on -premise signs 8400 N Atlantic Avenue Per Section 94-76, (c) a temporary banner is issued for a period of thirty days only. Please remove your banner 8s the permit number 1352 has expired. 2003-00065 Sec -34-98 Building appearance and maintenance 105 Justantere Road Section 34-98 (4) all surfaces shall be maintained free of broken glass or other conditions reflective of deterioration or inadequate maintenance. Sec. 34-98 (5) Ederior porches aahli be provided with railings properly designed. Please repair the windows end provide railings on the porch. 2003-00086 SEC 34-209 Spillover lighting standards established 6103 N Atlantic Avenue Per Sea 34-209; Area floodlighting fixtures within the coporate limits of the City shall be installed or equipped so that the light source does not transmit excessive spillover beyond the boundaries of the property. Please adjust the Tight on the pole (located on the southeast side) or provide a cover so that the light does not shine irdo the apartments located south of the property. 2003-00087 Sec. 34-97(bX2) Screening of dumpster area on three sides 6952 N Atlantic Avenue, Cape Canaveral Per Section 34-97 (0), (2) Screening of dumpster area by use of walls, fencing, planting ora combination of these on three sides with the open side positioned away from public view when possible. Therefore, per our conversation, please move the screening to enclose the dum apter. 2003-00088 Sea 34-97(b)(2) Screening of dumpster area on three sides 105 Lincoln Avenue, Cape Canaveral, FI Per Section 34-07 (b), (2) Screening of dumpster area by use of walls, fencing, planting or a combination of these on three sides with the open side positioned away from public view when possible. Therefore, per our conversation, please provide screening for your dumpster. Per Section 94-6 (e) any sign which is mobile or is not securely and permanently attached to the ground or a building is prohibited. Please remove your thirfty store sign (which is placed in front of the dumpster) and all non -permanent signage located on your property. 2003-00089 Sec.34-98 Building appearance and maintenance 6870 N Atlantic Avenue, Cape Canaveral, FI Per Section 34-98, (3) Mechaincial equipment, including air condtianers or other utility hardware, on the roof, ground or buildings shall be screened from public view when practicable with materials harmonious with the buidling or they shell be located so as not to be visible from any public ways. You must provide screening for the PJC Condnser Units located on the roof, on top of Play it Again. 200300090 315 E Central Avenue Per Section 34-98 (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, objects, materials or conditions which may create a health or fire hazard. Fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. Please remove the brow) bags and glass bottles from the fence. SEC 34-98 (d) Standards Established 2003-00091 Lincoln Arms Condo Staff would like to remind you that before any work is preformed on the balconies, you must obtain a permit. Sea 104.1&105.4 FLORIDA BUILDING CODE- PERMITS & INSPECTIONS 2003-00092 Sec.34-98 Building appearance and maintenance 332 Tyler Avenue, Cape Canaveral Sec. 34-98, (7) Vacant property and must be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. The back yard is overgrown and needs to be cut. Sec. 34-96, (b) The owner is responsible for maintaining the exterior in a clean, sanitary end safe c ondition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure Is intended to be used. The metal shed is in disrepair and needs to be repaired or removed. 2003-00093 Sec. 3496 Maintenance standard established 504 Jefferson Avenue, Cape Canaveral Sec. 34-96 (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or condtions which may create a health or fire hazard. Exterior property areas unkept may cause a blighting or deteriorating effect on the neighborhood. 2003-00094 Sec 34-209 Spillover Lighting Standards Established 6099 N Atlantic Avenue, Cape Canaveral, FI Sec 34-209 Area floodlighting fixtures within the corporate limits of the City shall be installed or equipped so the light source does not transmit excessive spillover beyond the boundaries of the property. Please adjust the light on the pole located on the southeast side of 6103 N Atlantic or provide a cover so that the light does not shine into the apartments located south of the property. Page 4 9/11/2003, 9:50AM Case Number Description (Full) Address Description Master Activity Report CITY OF CAPE CANAVERAL- CODE ENFORCEMENT MONTHLY ACTIVITY REPORT Printed by Duree 200300085 Sec 34-97 Respansbilities for Property Maintenance -overgrowth. Vacant Lot on N Mantic Avenue•24-37-14-2&-00000.0-000A.24 See. 34-97, (7) Vacant property shall be kept free of refuse, debris, trash and vegetation snail be cut periodically as needed. Please mow the property and maintain it. Page 5 9/11/2003, 9:50AM Master Activity Report Summary CITY OF CAPE CANAVERAL- CODE ENFORCEMENT MONTHLY ACTIVITY REPORT Printed by Duree 42 activity case records processed. Description Summary: District Summary: Department Summary: Employee Summary: *blank* 0 *blank* 0 *blank' 0 *blank* 0 ABAND-PU 0 SEC 14 18 AD 0 AB 0 ABAND-PV 3 SEC 15 2 BP 0 BB 0 ADDRESS 0 SEC 22 5 BZ 0 DBA 42 ANIMALS 0 SEC 23 17 CE 42 DRS 0 Automobile 1 SEC 26/27 0 FD 0 DS 0 BANN 1 FM 0 EG 0 BLDG APR 3 OL 0 GM 0 BOATS 0 PW 0 JB 0 CRITERIA 1 SD 0 JC 0 Dumpster 2 JW 0 FBC MR FENCES 0 RR 0 FLBC 0 SC 0 GRASS ti TB 0 GRASS2 4 TD 00 IMPC INTENT 0 intersecti 0 Landscape 0 LIGHTING 0 LIGHTS 1 LITER 1 LITTER 0 MAINTENAN 0 C 2 MPA 1 NEC 0 NOISE 0 OCC. LIC. 4 OL -HOME 0 OP -MOW 1 PARK LOTS 0 Pools 1 PRKRWAY 0 RESPONSE 3 SBC 1994 0 , SEA 0 TURTLE 0 set backs 0 SIDEWALKS SIGN ABND 0 SIGN APP 0 SIGN HAZ 0 SIGNS 1 SpecialEXP 1 STANDARD 1 STANDARD 3 S 0 TRASH 0 Unsafe Ski 0 USES 0 Zone R2 0 ZONING 1 ZONING110 Page 6 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 18, 2003 7:00 PM DRAFT A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on September 18, 2003, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter Godfrey James Hale Charles Biederman Lars Holfve MEMBERS ABSENT Jeffrey Ratliff Craig Stewart Karen Hartley OTHERS PRESENT Joy Daine Jeff Buack Duree Alexander Chairperson Vice Chairperson Alternate Board Secretary Assistant City Attorney Code Enforcement Officer The Board members established that the next meeting would be held on October 23, 2003. Assistant City Attorney Buack swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: August 21, 2003. 1 Motion by Mr. Biederman, seconded by Mr. Holfve to approve the/minutes of August 21, 2003. Vote on the motion carried unanimously. Code Enforcement Agenda September 18, 2003 Page 2 Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by :;the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. t Code Enforcement Board Meeting Minutes September 18, 2003 Page 2 PUBLIC HEARINGS: 1. Case No. 03-66 - Violation of Section 70-69, Occupational License Required, of the Cape Canaveral Code of Ordinances, (8211 Magnolia Ave.) - Keith Timmerman, Property Tenant. Code Enforcement Officer, 2. Case No. 03-67 Maintenance Code, Property Owner. Duree Alexander testified that this Case was in compliance. - Violation of Section 302.7.2, International Property Swimming Pools, (218 Jackson Ave.) - Thomas Mettee, Code Enforcement Officer, Duree Alexander provided an overview of the case history and presented Exhibits for the 9oard6 review. Officer Alexander stated that Terri Mancera, property caretaker, gave her written permission to enter the property. f r - ; • - - vacant ov r t� wo yeah. She 3a pool Terri Mancera testified that testified that the pool is contractor said he pool =-.: _-_ - _ - -'• • • • • '. • beozer- Motion by r. I ve, secoride• r. Godfrey, based on the evidence and testimofiy presented, two liundwd and fifty dollars ($250.00) per day after ten (10) days om meeting date. iscussion followed. Vote on the motion carried unanimously.1t, impose o,. eI ne in -t-he. arnounI- o� 3. Case No. 03-76 - Violation of Section 70-69, Occupational License Required, of the Cape Canaveral Code of Ordinances, (141 Riverside Dr.) - Michael Harris, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the case history and presented Exhibits for the Boards review. Officer Alexander testified that Michael Harris is advertising his business in the yellow pages and h n t - ne hi occupationaj ice se for the fiscal year 02-03. Officer Alexander.-ff s eztenua ing circumstances in this case respectfully requested that the board4able the case until the next scheduled meeting. Posipcm eof Motion by Mr. Hale, seconded by Mr. Godfrey to .table Case No. 03-76 until the next scheduled meeting to allow Mr. Harris additional time to comply with the requirements for obtaining the required occupational license. Vote on the motion carried unanimously. Code Enforcement Agenda September 18, 2003 Page 2 Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure -that a verbatim record of the proceedings is made, which record includes the testimonjr.and'vidence upon which the appeal is to be based. This notice .does not constitute consent by the City for the introduction or admission,into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals' not` otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. ^tom[:Iri' ti, rt- ss"a ,.`• • r t Code Enforcement Board Meeting Minutes September 18, 2003 Page 3 4. Case No. 03-85 - Violation of. Section 34-98, Building Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (105 Justamere Rd.) — Donald Regan Jr., Property Owner. Code Enforcement Officer, Duree Alexander stated that the respondent has not been properly_ noticed and respectfully requested the board postpone the case until October meeting. Motion by Mr. Godfrey, seconded by Mr. Hale to postpone case #03-85 unit the next scheduled meeting. Vote on the motion carried unanimously. REPORTS: 1. Case No. 2002 -DRS -00192, Yogi Patel, 6850 N. Atlantic Avenue - City Council tabled the satisfaction or release of the imposed lien. 2. Following the board's review of the quarterly Code Enforcement report, the board stated they liked the information and presentation. DISSCUSION: Chairperson Russell requested a status update on the Klaus Wilckens property. Officer Alexander stated that Mr. Wilckens is in compliance, he removed the structure. There being no further business the meeting adjourned at 7:50 P.M. Approved on this day of , 2003. Mary Russell, Chairperson Joy Daine, Board Secretary 028€ adfiois Charles Biederman .1 James Hale Lars Holfve effrey-Rattiff Mary Russell Craig Stewart 1 Vice Chair 1st Alt. Chair Call to Order Roll Call City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE OCTOBER 23, 2003 7:00 P.M. Establishing Next Meeting Date: November 20, 2003 NEW BUSINESS: 1. ,4proval of Meeting Minutes: September 18, 2003 2. Interview Perspective Board Member, Alice Filteau. COMPLIANCE HEARINGS: 1. Case No. 03-67 — Violation of Section 302.7.2, International Property Maintenance Code, Swimming Pools, (218 Jackson Ave.) — Thomas Mettee, Property Owner. Ex comer/ 6d4fc___ NO0. 0.,Qe_71-ny,) PUBLIC HEARINGS: 1. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. (Postponed from July 17, 2003 meeting) Qo31-pon<__ To , / /DLL_ Case No. 03-85 - Violation of Section 34-98, Building Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (105 Justamere Rd.) — Donald Regan Jr., Property Owner. (Postponed at previous meeting) ;;-N c2i'� Case No. 03-92 — Violation of Section 34-98, Building Appearance and Maintenance, of the Cape Canaveral Code of Orcl*nances, (332 Tyler Ave.) — Deborah Spadafora, Property Owner. ,'.' CoPLca 4. Case No. 03-97 — Violation of Section 70-69, Occupational License Required, of the Cape Canaveral Code of Ordinances, (414 Monroe Ave.) — John Peasley, Property Owner. 5. Case No. 03-100 — Violation of Section 110-523, Home Occupational License Required, of the Cape Canaveral Code of Ordinances, (8817 N. Atlantic Ave.) — Kevin Singer, Property Owner. uSt:�c%,4 h- L3 erne' 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com Code Enforcement Agenda October 23, 2003 Page 2 6. Case No. 03-117 – Violation of Section 82-371, Posting & Specification of Numbers, of the Cape Canaveral Code of Ordinances, (128 Adams Ave.) – Rick Myers, Property Owner. (ct, < i . r ,e--(;v� Case No. 03-121 – Violation of Section 82-371, Posting & Specification of Numbers, of the Cape Canaveral Code o dinances, (507 Jackson Ave.) – Trish Kelly, Property Owner. iv-) Cori-IP/Lan 8. Case No. 03-137 – Violation of Section 34-181, Storing, Parking or Leaving on Private Property, of the Cape Canaveral Code of Ordinances, (505 Fillmore Ave.) – Vincent Marino, Property Owner. Com Pi,aAc&. j 0 -6 -On CASES TABLED FROM PREVIOUS MEETING: 1. Case No. 03-76 – Violation of Section 70-69, Occupational License Required, of the Cape Canaveral Code of Ordinances, (141 Riverside Dr.) – Michael Harris, Property Owner. -(fie LEI -ea Koui_ r � REPORTS: 1. Adoption of Ordinance 25-2003 – Inoperable Motor Vehicles Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. DATE CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL CASE NUMBER 6-5-11.7 Charles Biederman AYE NAY Walter Godfrey AYE NAY James Hale AYE NAY Karen Hartley AYE NAY Lars Holfve AYE NAY Jeffrey Ratliff AYE NAY Mary Russell, Chairperson AYE NAY Craig Stewart AYE NAY Motion: Made By: 't ( e460;Q9-__. Seconded By: Llte —� "erK _ c'5 ski y 1/4, COM-7? LA6e2 644 Ij, GC/De( Ekerc,qL DATE CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL CASE NUMBER Charles Biederman AYE NAY Walter Godfrey AYE NAY James Hale AYE NAY Karen Hartley AYE NAY Lars Holfve AYE NAY Jeffrey Ratliff AYE NAY Mary Russell, Chairperson AYE NAY Craig Stewart AYE NAY Motion: Made By: Seconded By: /-1-1 /v1;1(74f 47f-cua I al( ,regi CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL DATE CASE NUMBER £> - .7 Charles Biederman AYE NAY Walter Godfrey AYE NAY James Hale AYE NAY Karen Hartley AYE NAY Lars Holfve AYE NAY Jeffrey Ratliff AYE NAY Mary Russell, Chairperson AYE NAY Craig Stewart AYE NAY Motion: Made By: 5 Jai-( Seconded By: ave Com' � L)/ C ( / 7 A -e ao e G i l 5"e_)a,-` u air 9� El) /4 7, -Cc) Li 2 r 3,2.e.(c_s0c) / ,foo 9113(0.:D Order / P c( -rt- , 1e -X- Poo 11'31 , r�o Prge a ea -24T ✓r, acc�S f iw,- Ph y e°d c, ( Corrlf 111 Coc..t.d c- C 2f/esu' / i -4 q' re/7A L. r CJ-ee - Jf Pedi N k, • ec a( /1 ee„oef oZ--SJ , gceye Uc. (I rn r( ifyaZt.--) On I ,tier / rem i .S' 0593 e--) . in cPoc-- - Lcz Lc>c-k_ C' (f DU( '- a 064 L_AcS Prv..1 r-A.T Pao( 1-‘45 U�- CASE NO. 2003-00067 Good Evening, my name is Duree Alexander, I am the Code Enforcement Officer for the City of Cape Canaveral and I will be presenting this case to the Code Enforcement Board on behalf of the City this evening. The Respondent in this case is Thomas Mettee The property address is 218 Jackson Avenue The property is legally described as Avon by the Sea, lot 13, Blk 26, Plat Book 0003, Page 007. The respondent is cited as being in violation of Section 302.7.2 of the International Property Maintenance Code; Swimming pools. The property owner was found in Violation and a Motion by Mr. Holfve, seconded by Mr. Godfrey, based on the evidence and testimony presented, to impose a fine in the amount of two hundred and fifty dollars ($250.00) per day after ten (10) days from the meeting date of September 18, 2003. Discussion followed. Vote on the motion carried unanimously. An Order Imposing ,Penalty was sent by certified mail on September 13, 2003, return receipt requested. Receipt was made on September 22, 2003. On September 23, 2003 Mr. Mettee called and asked me to fax copies of the telephone book listing of pool contactors, which was done. On September 29, 2003 Mr. Mettee contacted our office and spoke with Jim Watson. He stated he was having the pool drained today and would start repairs. I did a site visit was unable to gain access onto the property. Checked next door no one available. On October 2, 2003 contacted Terri Mancera for access and was informed she was no longer permitted on the property and the locks had been changed. On October 6, 2003 I contacted Mr. Mettee and was informed a Steve Murphy had drained the pool was repairing the sides and a netting was to be placed over the pool. I contacted Mr. Murphy the next day (October 7, 2003) and gained access to the property. Photos I attempted to contact Mr. Murphy again On October 16, 2003, to see if the pool was in compliance, (refilled, repaired) and was unable to reach Mr. Murphy. I sent Mr. Mettee Correspondence regarding access to view the pool and requested he contacted me by October 22, 2003. On October 20, 2003 Mr. Mettee contacted our office and informed staff that Pinch a Penny Pool Service was coming every week to service the pool. I contacted the owner Patrick Ahern -and requested access to view the pool again. Photos He informed me that he was not repairing the sides, but was bringing in an electric vacuum and a loop Lock cover had been ordered for the pool. I requested a letter as to his responsibilities for maintenance. CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL DATE CASE NUMBER D 3- c -C( Ref) i'ezZ Charles Biederman - AYE NAY Walter Godfrey AYE NAY James Hale AYE NAY Karen Hartley AYE NAY Lars Holfve AYE NAY Jeffrey Ratliff AYE NAY Mary Russell, Chairperson AYE NAY Craig Stewart AYE NAY Motion: Made By: J4C.)l0-e-- Seconded By: all ..a>rz_ 00(1 n� Qc,r) q41 - cd �d ane. C 3v Qn -moo vSb�rcr zap iu 3,5.E Prce ( ZG'Le, c2/ UQT hQS Lx Dr\ c11 czar ( �QJ�' Good Evening, my name is Duree Alexander, I am the Code Enforcement Officer for the City of Cape Canaveral and I will be presenting this case to the Code Enforcement Board on behalf of the City this evening. The Respondent in this case is Robert Kennedy Sr. The property address is 7822 Atlantic Avenue, also known as 113 %z Monroe Avenue. The property is legally described as Avon by the Sea lots 1 to 4 of Bik 25, Plat Book 0003, Page 0007. The respondent is cited as being in violation of Sections 104 Permits & 105 Inspections of the Florida Building Code. Service of Notice of Hearing was sent by certified mail, return receipt requested. Receipt was made on October 7, 2003. The violation cited is for construction of a structure , .••`t' electrical without a permit. The Florida Building Code Section 104 Permits- requires any owner, who desires to construct, enlarge, alter, repair, move, or change occupancy or occupant content of a building or structure, shall first make application to the building official and obtain the required permits for the work. The Florida Building Code Section 105 Inspections — states the building official shall inspect or cause to be inspected at various intervals, all construction or work for which a permit is required. A meeting was held October 15, 2003 with Todd Hazel Plans Reviewer, Todd Morley, Building Official and myself on behalf of the City and Mr. Mrs. Kennedy the respondent, Don R. Bryant Architect, Gregory Popp Attorney at law. It was determined that there exists additional issues related to the zoning status of the property that must be resolved prior to a permit being issued to the respondent. Staff requested a letter from the respondents to present to the Code Enforcement Board. Staff requests that the Code Enforcement Board Postpone the case to a Date Certain of January 22, 2001- to allow the respondent and City staff time to research the zoning issues. �� � dth /p->/6 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL DATE CASE NUMBER 03 — q 7 Charles Biederman AYE NAY Walter Godfrey AYE NAY James Hale AYE NAY Karen Hartley AYE NAY Lars Holfve AYE NAY Jeffrey Ratliff AYE NAY Mary Russell, Chairperson AYE NAY Craig Stewart AYE NAY Motion: Made By: fie '-' -- Seconded By: /447 •l' y qlC Fir---- frir P.0,6 Ley- g<ree.a (39 a 40055 Aft:, =Cer. tr NiLeal Jr, Pe45 / „c2c Gar <6 old it-( cr2../'9 5tc,5 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL DATE CASE NUMBER 03- loo Charles Biederman AYE NAY Walter Godfrey AYE NAY James Hale AYE NAY Karen Hartley AYE NAY Lars Holfve AYE NAY Jeffrey Ratliff AYE NAY Mary Russell, Chairperson AYE NAY Craig Stewart AYE • NAY Motion: Made By: Seconded By: Md—, bey-. „t,,. Ja 1 �� c p,„; 725 ...ea r Ay, 073 713-7 5°5- ATlinio.. C_L__L-19(cfz, • /1/2iter - • I kg. +4- 44 114 1.4 - 3 /11' 4eA• 644 Af-6 • SF ' _ . FJ_bi-r-e: c ----,:c--- - SLS ,...::::- ,/9,5 •)1 ...- ..11114-4 • .4. LP .4,44, 44 1ms • —7 or......6 ! ..... a-aa..7,4.- ..,.........,-,..t .a. t..- ...... a -)r. -.C............1.: :-.... .....7 ,;. 4.-.. .. ,_. - ...:.-a..... a........... - ....- - 1111-11- - 4- -144 A 4.• *44-4- -44 c CASE NO. 2003-00076 Good Evening, my name is Duree Alexander, I am the Code Enforcement Officer for the City of Cape Canaveral and I will be presenting this case to the Code Enforcement Board on behalf of the City this evening. The Respondent in this case is Michael Harris The property address is 141 Riverside Drive The property is legally described as Banyan Cove, lot 21, Plat Book 00036, Page 00023. The respondent is cited as being in violation of Section 70-69, Occupational License Required; which reads in part "each person who shall engage in or who shall perform or offer to perform services, or advertise the performance of services for any business shall first procure a license from the City. Service of Notice of Hearing was sent by certified mail, return receipt requested. Receipt was made on September 4, 2003. HISTORY: On June 20, 2003, a request for code enforcement action came to me from Trixie Stone a City Employee for enforcement of an occupational license. I attempted to contact the respondent on the following dates: Site visit on June 23, 2003, no response Called on June 24, 2003 no answer mail box full Called on June 25, 2003 no answer mail box full Tagged the door on June 26, 2003 Site visit July 1, 2003 Site visit August 8, 2003 no response, Notice of Violation sent with return receipt of August 14, 2003. I received correspondence from Mr. Harris on August 18, 2003 stating he had some health problems but wish to renew his occupational license. I spoke with Andrea Bowers on August 19, 2003 regarding the renewal of his license and a letter was sent by her regarding the fees to renew the license. No further correspondence and the respondent has not obtained his license. At the last Meeting of the code Enforcement Board A; Motion by Mr. Hale, seconded by Mr. Godfrey to table Case No. 03-76 until the next scheduled meeting to allow Mr. Hams additional time to comply with the requirements for obtaining the required occupational license. Vote on the motion carried unanimously. A check no# 3415 dated September 14, 2003 was received by the finance department. The check was returned as a NSF on October 1, 2003 to the City. A letter was sent certified by the Finance Dept. on October 10, 2003. Delivery was attempted on October 11, 2003 by the postal service. An OTA was hand delivered to Michael Harris on October 15, 2003. A letter was received today at the finance dept. It was the same letter previously rec'd with an attachment stating; Let me try this again. I didn't realize the check I sent was sent back NSF until I saw my bank statement. I am under going a chemo treatment today and will be in no condition to attend any meetings of the board. t.- 3 s t• K 3 1 a: Imw • r f v t MARKEY & FOWLER, P.A. Attorneys At Law KEVIN P. MARKEY 25 McLeod Street ParalegaIs: DANIEL B. FOWLER Merritt Island, Florida 32953 FRAN NEALE BART A. BRINK, LL. M. (321) 453-0547 ROBERTA T. REAUME, CLA, CFLA (321) 453-0958 fax SCOTT A. BLAUE, LAW CLERK October 17, 2003 VIA FACSIMILE (321) 868-1247 AND U.S. MAIL Duree Alexander, Code Enforcement Officer City of Cape Canaveral 105 Polk Avenue/ P.O. Box 326 Cape Canaveral, FL 32920 Re: CEB Case No. 2003-00041; Burton & Diana Kennedy; 7822 N. Atlantic Avenue, Cape Canaveral • '." . to ,1.; • .),• . , 1:: • Dear Ms. Alexander; „ • •,- • ; ;; : This letter follow' s the informal conference held inthis matter -Wednesday , afterno9n,.October 15,-200.3',at;Cityn' all attended by yourself, Todd Hanzel and Todd Morley, on behalfof the.City,.an. d Mr.& Mrs. Kennedy, their architect,D'Oii:k.-Bryant,, and the undersigned. Based upon the discussions held, it appears that there exits a threshold issue related to the zoning status of the property that must be resolved as a predicate to the resolution of the issues subject of the instant action before the Code Enforcement Board ("CEB"). Confirming our understanding, the City, through you as Code Enforcement Official, has stipulated to our request that this matter be abated and continued from the hearing presently scheduled before the CEB on October 23, 2003 until the January 22, 2004 meeting of the CEB. The purpose of the continuance is to permit a review of the zoning status of the subject property. An underlying reason is the absence of the respondent's architect on October 23"I due to his pre-existing business commitment out of state on that date.. Furthermore, this letter constitutes a formal request by the re§pondents;.Burton & Diana Kennedy, as owners of the cited property, for a continuance of thetE8,,,- - proceedings until January 22, 2004.-.As,I)have explained to y9u,.I,apian adjunct instructor at ERAU/PAFB on Thursday evenings and Will not be personally appearing in regard to this request so that I do not have to cancel my class solely to submit the continuance request to the CEB. You have assured me that Mr. & Mrs. Kennedy will not suffer any prejudice by reason of a non-appearance before the CEB on October 23`dand that you will communicate and deliver to the CEB this letter reflecting the stipulation and request for continuance. On behalf of the clients, we appreciate the effort of each of you who attended the meeting this past Wednesday to work with Mr. & Mrs. Kennedy to amicably resolve the matter. Hopefully, after inquiry of the zoning question, the steps to follow on the CEB matter will be more readily determined. Thank you again for your assistance and cooperation. Please contact me immediately if there are any questions, comments or misunderstandings on this matter. GAP/sap cc: Client Anthony Garganese, Esq. (Via facsimile) sr BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L. Brown • Suzanne D'Agresta" Anthony A. Garganese Gary S. Salzman° John H. Ward • Jeffrey S. Weiss •Board Certified Civil Trial Lawyer °Board Certified Business Litigation Lawyer Board Certified City, County & Local Government Law Offices in Orlando, Kissimmee, Cocoa & Viera September 22, 2003 Mary Russell, Code Board Chairperson and Members of the Code Enforcement Board City of Cape Canaveral P. 0. Box 326 Cape Canaveral, FL 32920 • Re: Adoption Ordinance 25-2003 - Inoperable Motor Vehicles Our File No.: 513-001 Dear Board Members: Debra S. Babb-Nutcher Jeffrey P. Buak° John U. Biedenharn, Jr. Joseph E. Blitch Douglas Lambert Katherine Latorre Jennifer A. Michael Michelle A. Reddin Erin J. O'Leary Of Counsel Please allow this correspondence to serve as a follow up to our conversation of September 18, 2003 regarding the above -referenced matter. As I indicated at the meeting, we had prepared ordinance 25-2003 for the consideration of the City Council and the same was adopted on September 2, 2003. I have provided for your convenience, a copy of the ordinance. Should you have any questions or comments, please do not hesitate to contact our offices. Very truly yours, 'ey P. Buak Assistant City Attorney JPB/cg Enclosure cc: Bennett Boucher, City Manager (w/o encl.) 225 East Robinson Street, Suite 660 • P.O. Box 2873. Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: jbuak@orlandolaw.net 1 .340. . ORDINANCE NO. 25-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34 OF THE CAPE CANAVERAL CODE RELATING TO INOPERABLE MOTOR VEHICLES; PROVIDING FOR A REFINED DEFINITION OF INOPERABLE MOTOR VEHICLE; PROVIDING FOR SCREENING OF INOPERABLE VEHICLES STORED WITHIN A CARPORT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. , WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral is undertaking a comprehensive review of the City Code of Ordinances to determine where the City Code is in need of clarification or updating; and WHEREAS, during this review it was determined by the City Council that the regulations regarding the storage of inoperable motor vehicles was in need of clarification; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, herebyfinds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 34 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 34. It is intended that the text in Chapter 34 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 25-2003 Page 1 of 4 CHAPTER 34. ENVIRONMENT * * * Article IV. Abandoned Property Sec. 34-176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the coritext clearly indicates a different meaning: Abandoned property means all tangible personal property which does not have an identifiable owner and which has been disposed of in a wrecked, inoperative or partially dismantled condition or which has no apparent intrinsic value to the rightful owner. Abandoned property shall include, but not be limited to, motor vehicles, machinery, refrigerators, washing machines, plumbing fixtures, and, furniture which have been left unprotected from the elements. Enforcement authority means the person designated by the city manager to enforce this article, and his or her agents and designees. t • Inoperable motor vehicle means a motor vehicle which is unuseable for its intended purpose or incapable of operating under its own power due to extensive damage, disassembly, deterioration, or the existence of trash or undergrowth in or around the motor vehicle indicating disuse. The absence of a license plate for the current year and/or the absence of a current motor vehicle registration shall be prima facie evidence that such motor vehicle is inoperable. t This definition shall not apply to motor vehicles owned or leased by an automobile dealer, provided that such dealer shall possess a current, valid occupational license and the vehicles are stored on property which is properly zoned and approved for use as an automobile dealership. Motor vehicle means a vehicle or conveyance which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go-carts, golf carts, campers, motor homes and trailers Private property means any real property within the city which is privately owned and which is not defined in this section as public property. .\ 1 • . . • . ■ . 11 Public property means any property in the city which is owned by a governmental body and buildings, parking lots, parks, streets, sidewalks, swales, rights-of-way, easements and other similar property, except paved portions of rights-of-way * City of Cape Canaveral Ordinance No. 25-2003 Page 2 of 4 Sec. 34-181. Storing, parking or leaving on private property. * * * in Required screening for inoperable or abandoned motor vehicles. al Any inoperable motor vehicle parked or stored within a carport or in a building that is not fully enclosed and which is visible from the right-of-way or other public or private property shall be completely covered with an opaque covering made of either vinyl, nylon, chamois, or other similar material that is resistant to weather and is commercially intended to be used as an outdoor protective cover. Each cover shall display a solid and uniform, neutral or earth tone color and be securely fastened to the inoperable motor vehicle at all times, except when such vehicle is being actively repaired. Neutral or earth tone colors include white, brown, grey and black. All coverings must provide sufficient screening so as to prevent ordinary viewing of any inoperable motor vehicle from adjacent public and private property. Any motor vehicle parts that are dismantled or disassembled and waiting to be attached or assembled to a motor vehicle may be stored temporarily in a carport or in a building that is not fully enclosed, provided that such motor vehicle parts are necessary to perform active repairs on an inoperable motor vehicle. Where an inoperable motor vehicle is not being actively repaired, storage of motor vehicle parts is prohibited within a carport or in a building that is not fully enclosed and which are visible from the right-of-way or other public or private property. tal For the purposes of this section, the term "active repairs" or "actively repaired" shall mean the active and diligent repair of any inoperable motor vehicle by any person or persons. It shall be presumed that a motor vehicle is not being actively repaired when no person is observed making any repair or repairs. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. City of Cape Canaveral Ordinance No. 25-2003 Page 3 of 4 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2nd day of September, 2003. ATTEST: SUSAN'STILLS, City Clerk First Reading: 8/19/03 Legal Ad published: 8/24/03 Second Reading: 9/2/03 GoMCY (4010.a. ROCKY RANDS S, Mayor t , For Against Bob Hoog Second Jim Morgan Motion Buzz Petsos X Rocky Randels X Richard Treverton X Approved as to legal form and sufficiency for the City o,e Canaveral only: ANTHONY A. GARGANESE, City Attorney FADocs of Cape Canaveral \Ordinanceslinoperable_Vehicles_25-2003. wpd City of Cape Canaveral Ordinance No. 25-2003 Page 4 of 4 CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES OCTOBER 23, 2003 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 23, 2003, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell James Hale Karen Hartley Charles Biederman Lars Holfve Craig Stewart MEMBERS ABSENT Walter Godfrey Jeffrey Ratliff OTHERS PRESENT Joy Daine Jeff Buack Duree Alexander Chairperson Alternate Vice Chairperson Board Secretary Assistant City Attorney Code Enforcement Officer The Board members established that the next meeting would be held on November 20, 2003. Assistant City Attorney Buack swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: September 18, 2003. Motion by Mr. Holfve, seconded by Mr. Hale to approve the meeting minutes of September 18, 2003. V,oe on the motion carried unanimously. ozz City of Cape Canaveral CODE ENFORCEMENT BOARD (COMPLIANCE HEARING) - FINDINGS OF FACT CONCLUSION OF LAW - ORDER EXTENDING COMPLIANCE DATE Code Enforcement Case No. 2003-00067 1 RE: VIOLATION OF THE CAPE CANAVERAL CITY CODE OF ORDINANCES. The Code Enforcement Board has heard testimony at the Code Enforcement Board Hearing held on the 23rd day of October, 2003 and based on the evidence and testimony presented, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER EXTENDING THE COMPLIANCE DATE. FINDINGS OF FACT: 302.7.2'trLt. Property Maint. Code; Swimming Pools remains in violation. CONCLUSION OF LAW: Thomas MBee J is in violation of 302.7.2 Int. Property Maint. Code; Swimming Pools of the Cape Canaveral Code of Orin ances. ORDER - EXTENSION OF TIME TO COMPL . That Thomas Mettee J shall comply with 302.7.2 Int. Property Maint. Code; Swimming Pools of the City de of Ordinances on or before November 20, 2003. The Order shall further provide that, Thomas Mettee J ha.been provided additional time to treat the pool with chemicals and maintain the pool in a clean sanitary conifitlon. A secure cover shall be placed over the pool until such time as the damaged areas can be repaired. Should a dispute arise concerning compliance, either party may requet further hearing before the Board. DONE AND ORDERED this 10/24/2003 at Cape Canaveral, Brevard County, 'rida. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVER L, F ORIDA BY: Chairperson I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the respondent and/or Respondent's authorized counsel at 8515 Frankford Ave Philadelphia, Pa 19135 on this 10/24/2003 . BY: ,r("'r_ Bdard Secretary 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com r .14..3 F> 1 i ",a3 ., , k' a ik °` 4 "";,:,$!,.,,,i; SP a... it v r:..lifti., / , '' 7j ,„ � s. * +� .`° c 1 o'F 5 r y Ms 9w o... 1 :-- t -s t. 1,17; t1 � i 4 r Y. : i v i.,si }t r , i-", Mr ti.,...:,.."' �.. .. a Sa :r1Q ,x -1, 34tv::".?,-; 7 .! : i"'#"'7 r Code Enforcement Board --- x" t �" , _ , "', -I ' Meeting Minutes ._ ,+..: . -ler,- . •;-111- i -:' ,. I., : ";-'. t- _.I y Ocot 'be -r"23 2003' "`» .8..� FT ® } n 0.° r til Page2 _ �_ _ .�fx�t - t... COMPLIANCE HEARINGS.` • N+`p . M + _.� _ +-. .. - `r.+.' -'.T' � f s *-1, c; _+, v "A e °'s z ',,� •i sir- r. tea' s. t T") r i 1' - �t r, , = �E„ 1. Case,No�03-67 -Violation of Section302'47.2, International Property` ..- -- - - Maintenance Code, -Swimming Pools; (218-J6ckson Ave:) -=Thomas Mettee;'' `- w is rar AU•; _ 1 ! : di d.l: Code,Enforcement-Officer, Duree Alexander provided an overview of theca -se history presented Exhibits for the Board's review. Officer Alexander stated that an Order - osin erielt was`sent bycertified mail on September 22, 2003. ,.:p 9..Y p _ -Officer Alexandetestified-that Mr. Mettee'con'tacted the Building Department and -stated ,. d�.y�j ;^ ._ a 5- .- that.he was having_the pool drained to start the repairs` °Mr, Mettee informed staff,that Pinch -A -Penny Poot1Service has been hired to clean, treat and cover the pool.. A -Loop Lock -cover has-been 'ordered for the pool and installation should be completed in.1 ... _% - approximately three weeks.. - OfficerAlexande further stated that -Patrick Ahern of Pinch-A-Penny°is� working with 'the- .� City.and providing her access to view the property. • , 1 '"" F,'XV N"v0k .i^ ,.....,.,.0 • -. . ` - .....-,+- rte•- .4. ....otion,by Mr. Stewart,, seconded by Chairperson Russell for the purpose �f discussion; to -table until therriext-scheduled meeting date. Following discussion; Mr: Stewart -- withdrew -the -motion:- - 4 , Motion by Holfve,"seconded by Mr. Stewart, to extend the compliance date 'until;the : , - `Novm ebermeeting date:''Voteon the notion carried unanimously: �. r ,1 ' PUBLIC HEARINGS*"`-- ` `" ' 1 .n K . . _ Case No...03-41_ - Violation of Sections 104 &.105 .Florida Building. Code,-- Permits & Inspections, of the Cape Canaveral 'Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. (Postponed from July 17:2003 meeting) — Code Enforcement -Officer; Duree-Alexandier-provided*an overview -of the ca'se,histo.,;,ry i""`-„,Tand presented;Exhibitsforthe`Bar's. reew;;.OfficerAlexanderstated'thata” meetng: ,... was held on October..15 .2003-with.Todd Hazel; Plans Reviewer' Todd Morley, Building i •- , 3 Officia5and Officer�Alexander on behalf of the City and Mrs. Kennedy, Respondent) Don ' " ''Brryant Architect] and -Gregory, Popp -Attorney at l y pAv o0"r1t1" .. —r -- ,%.t-,-.4 ,}P„� m.- n4” : L Officer Alexander testified that there are 'additional zoning_issues in this Vase and staff_ respectfully requested the Board postpone the Ease to a date certain of January 22,` - 2004 to allow the respondent and City staff time to research the zoning issues. Motion by Holfve, seconded by Mr. Stewart, to postpone the case until January 22, 2004 meeting date. Vote on the motion carried unanimously. 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',. .' .o....,:f !.-27,1iV,'-'1 ':, i ,,3-1;-,e,v:r.it ;.:,;,, 44,1i:17 , 1 , t , •,,, I. ,,-; . , 1 "2, .. ,.., , L.....L............-1,24- . ! ..,- . ... ,, ...47...1-,--, •- - ... . IC.E.R1ifiCATEtIOLDF2R' vo,--44,mst/ . :)g-pre 1 j4.%11* roe CAPI-O..WfiRAIr C.A,bricVERAL n„, 32 _ • LATION 1c01 xtv--1-0 rot 040YE *tiOrtlit.P,11,Pe4iS)*.t!).or,Oifitit* Wert txtityn '4,:P,t1.642L-'01% 1111 **4105 _Nirrt,t Te Mir oglit itorta 1,07,,Crirkt)rt,r0..0.0r*PaiALL. 4,, ak.malvt Lifs I.:At:yr el aperlmx0 mosetotommacca 1 11u105 *44.ic V/A AU t • • t t a 1 OLTittaift,k., 4,i.g C.9COAi' r , t tr I, Ir. 4 F 'r E" , y 4 "ti t a"S 't Code EnforcemehtBoard• "K`-�'i VA^• ° �'',' '4 I"' ,EJ ,E v. , ; Meeting Minutes ,M.....": .,n :; , ,.q1.,7,1.,,, -,--„,„ti, ,, - 3. 14'*te r r _� ..- 'October` 23; 2003 _ -4---„,,-,&,, -—,,,...4-¢•,,.,- •, '.4._ Page -3- - ._ - d.. SL+t t..,- 9 ,�- sks.1 's ....., { ° ` 2 Case -, No:�. ▪ 0 83 5 737 -Violation of Sectionr+34=98-kBu ldirig » Appearance..and .:s+'.�torPr�'�ta�5.�x t "i■� ■ "`t Lt.G g, -17-ste$C,, e Maintenance 'of,the Cape Canaveral Code of Ordinances;(-1051Justamere Rd.) - f ,,,,,t,.,. Donald Regan Jr. Property Owner: (Postponed at previo Js.. eeting)' -. ;'a iia= j, E,_ ,vz wt � ,:..a, e- 1 r 17<;"' l . .. . .•» . 4 4 , •:" N.� ..-:.";-4..„:-. Y ♦ 9 Vii§... TIT,: ry .+#• � Code -Enforcement Officer,,�Duree Alexander.testi_fied that -this Case.was in, compliance., ,,,.r 8 , <b) I4,1 s. I .._ ,,r 0". = .,r- Yr #011. : 's. -,4- ... j -..W r --,-:_r- r. . 3. Case No. .03-92 - .Violation of 'Sedtion: _34_'98,,._ BuildinVAlp- pearance..and • Maintenance, of the Cape Canaveral.Code.of.Ordinances, (332 Tyler°Ave.)r- Deborah Spadafora, Property Owner '''..a.`?'.: ..'Code Enforcement Officer, Duree Alexander testified that this Case was,ih compliance, 4. Case No. 03-97 - Violation of Section 70-69, Occupational'License Required, of the Cape Canaveral Code ,of. Ordinances, (414 Monroe"Ave.) =John Peasley, I Property Owner. ! . - = • ._, - - ~,1 Code Enforcement Officer; Duree Alexander"provided eri,overview-of the -lease historyi ' , and presented,Exhibits for the Boa'rd's review: 'Officer:Alexander stated that Mr Peasley �.-. . contacted her ,on September 29, 2003 rand stated • that he was no longer in business:1 Officer Alexander further stated that she could not find any evidence that a'business! exists. +, _ .. s, D"",,i•e a . .,' ..t , t `Motion by Mr. Hale, seconded by Ms. Hartley to dismiss the -charge. 'Vote on.the motion •carried unanimously. ` ' �' -{ 4 4 ! 5. , Case No. 03-100 - Violation of Section 110-523, Home Ocoupational`'License Required, of the Cape Canaveral Code of Ordinances, (8817 N. Atlantic Ave.) - ' Kevin Singer, Property Owner. t,. -Code- Enforcement`Officer, Duree.Alexander: provided..an overview of the Case, history and presented \ Exhibits for the Boar ' , „Officer •Alexander*!stated;that advertisement fliers, had been, passed oorrto .door hroughout ,the"City; which• initiated code enforcement action to be- taken. - ,a, w_ "., `t - 'a .4 4E. ` '' . t, d • .3 "' .1 t.��.nn Ty 011 _ :,.' t' ..s:4, • 0' ,,, ...,.a.... '' 19 yi' * �' -,'�' E f i Kevin Singers festified that he is not doing business, but that he is employed by Dave Goodman of Quality Painting for an hourly wage. -' B 4. 6° yet,,,,, ,. ti -. , �fMotionabyo Mr. -,,,Stewart,' seconded by Ms. Hartley to dismiss the charge. Vote on the motion carried unanimously_ :' = :,```,` .. _$..' �,�,.., 6. Case No. 03-117 - Violation of Section 82-371, Posting & Specification of Numbers, of the Cape Canaveral Code of Ordinances, (128 Adams Ave.) - Rick Myers, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Cease history and presented Exhibits for the Board's review. OCT -27-03 0 i :i 5 pm RREC L thilikigl -.4 ;;;;;„,•,„, 321 6341 37,77. KAY mcnE • •. „,„„ Li•224,- P14791111 (321) .004230 4.4.• i44•44* •^,44,1 •444:k.,A44.* 1.1 OWN 16°R013INBON ELEC CONTINC 'Dstr....10/1412003 jtc, �ROO., BOX 1943k, '-tit .4” b, " ih4)1,11: 104141•I•i , COCOA, FL 32923-1043 tOk0 . i114;t0,1 " S4'4X:-*"1"4*'".' • • • - • •-• • T - L) z oft dAlse XNATtAL 0 te.00* "r7P-USLICWORKS. " 601 THUM BLVD. Pt CANAVORN. • h fr.21.,1rm, PLACE CIRCUITPAM INC . ThAT LIME LEA KEL104/41:tItigR - main. 11+1. 1 ft prmg 7441 10 StalipTirel • ,• . or7- • . . t I i I 2923,1043 • • 1E10 - • " ORKS, TAMP ‘22 . • v At '2 • Donn YM�E Date: P. 4.±4.,;.:6 • :FT .'..dit‘, or tAPteArPiAveRm. itTN: FINANCE DEPT. P.O. BOX 326 I, •CAPE-CAPAVEcV4L. ' • 4E,"• 1 1,412 PH NE! , riTti AT I , fLE m. . . • ...- II meV045. i —..... is,- -..r?fm.....:-•••-•,, , - • A t ..e.- - vc _L • .6 ..-' ''.-- . '1'.. ,.,.. ,,-. • 01!821 • No, )R1IS) .... . : a ...4:. OF PH ,r,• g,A. •?:.-:, , t 0414 • 'Oa ilt(WA"Mi irrostfL.atcht43,11_ t! • ... --;;• 211,. .4. —..........--,= = C ETO5EE1 x.2 .%14•:r%wIAAg.F C . . ; k1 .. E , •-•...40,,•.....tr —13;;... iti =Sao q r P ..40to X•14,, 4•••,, '11..4 ,4 ll!C.P.0, rit•Yr",:. :',.;:it13, At —,),,i2F- ,",,`,;;1,:zei:vor-:.• ,: • • II II I LTetsim To:..C.ITY OF CAPE' rczt *41, 911, 4.A.Irs• r EFIIMP 613:11:4irAU: PLEA$ LL IN P0 3 rat. -ATTN: MAW* P.O. 60X 226 CAEs.Apitve P.EKStiFtArt .22 • 2,,i4.22" ' ; ro' • .N111116.te! 4`44-22. *P0 k11r 6A0.0074.. , • A-••••., • • "E*E. tEie fa I• ...wiroc• • • tV't4 • 4444 •. A ft 1010birrios N os„ Ns.•0441 *Why/ Roolneellooi, .LE,tbE CALL !WILL CALL. AGAN , • WITHOUT OUTHOOPITY ORA PT ,••••••‘;r '.'kME TO SEE ';;;91i ; •g •- • . • , porielsows mist • }.? - / 0 7 , • HASOICIEA, • o't **:t 4 • • ••• ."..7. - mg' ••,i • c• • ,`.`•• WAFT., •5;;;.-P 00,1 , • 104441. 44'1 -• - - - wipolsomallor Riev4Rpristiidianommeirr isze.mows . WI; • y, 4 • •Fr 4 , ..k.‘•• " "pg illt--,A1 eAker • z..: .0.1.4A,74. 4. . 1 • `‘ysre-• •::-,•••••••- ----- - LOillOttAcJINMA:ak„ii 46.4W4tokeiceeic HASING Ai3 'T ocimivio okkicAtuitruti.v— ) •k e, k ' • s Vie; it roirvtd rits151ij :6141,15 caw ;Fro rtist# rtRbt; id,-;;WIN4111enoi, apt,,Roat; - : 1 r . -1Nif4oe, t?r;' e4lf1.o,P• 0.sm';.rir'1t 4....s.•.5. 1,04a'yIttz ',, .0,,..„ .._„O„t,4 V....2V•,A,.,,o,-;,-„.W...-;.:„;Ao'.-Wi... ..,NJ A.-Pk."0t-"t14,c.4.„-1O',„,.-„.0`;'; . , ,-;; A(kz.. 1oii '1'.. ri-,„ t,4o,,s(„o.s) ,t:5fu•k_14,:to- .,..:•,•• . 14711 et abstetons Ib•vr- 4 t R,MPDX.1,. 0 4 2. .. iC”, a” ,1.4e Avritceirry OVA PR, • , •,• 41. 1'1 f-Thfutz clEi. ' - rillma•likk CCiA6~149.10 0,150418116Mhe y C' • Code Enforcement Board *' MeetingMinutes•t 4 r, -- October 23,12003 -4, Page 4 P-40 `Kw ail ..« v. _ .—. ... _.., .. r -;M Rick Myerstestified that Section_ r82371:,rPosting & Specification of Numbers,.was not 'V t, violated , Mr. My re s,,presented an Exibit for', the Board's review. ' iMr. Myers further, testified that.thesphoto. clearly shows_,the official numbers forThe building and�is visibtleu W . from Adams .Avenue:. Mr. Myers asked that the -City of Cape Canaveral'" :'Code Enforcement Board to find \the.citation,has no merit and dismiss the charge. ae4 . .i s-.aittct'^ '1'.i1=iy "aF1"d ." t' 41. r «. Discussion;followed- -Motion by. Mr. Stewart,.. seconded by,Mr.,Biederman to table thetase until the_November meeting. Vote on the motion carried unanimously.'' } ;i. k i.• tl"at Ir )w..y e ..si" , .7...Case_No., 03-121-Vof Section 82-371, Potnq_ & -Specification_ n.of Numbers, of the Cape Canaveral Code of Ordinances, (507 Jackson Ave.), - Trish Kelly, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance.' --- 8. Case''No. -03-137_-.Violation' of Section= 34-181, Storing, Parking .or iLeavinq :on' Private Property, of the Cape CanaveralCode of Ordinances, (505`Fillmore-Ave.); - Vincent Marino, Property Owner. = r� Code Enforcement Officer, Duree Alexander provided' an overview -of the'�case hi -story.- -- and presented Exhibits for -the, Board's review.- Officer Alexander stated that upon - inspection on this date, October 23, 2003, the vehicle has. been moved from,thise,,., location. Discussion followed. ... _• w.inw vw.vY.. Motion by Mr. Hale, seconded ;by_ Mr.,_Biederman to. dismiss the charge.. Vote on the motion carried unanimously. CASES TABLED FROM PREVIOUS MEETING: 1. Case No. 03-76 - Violation o(Section '70-69, Occupational License Required, of the Cape Canaveral -Code of -Ordinances, (141 Riverside Dr.) - Michael Harris; Property Owner. Code Enforcement Officer; Duree Alexander provided an overview of the case `history and presented Exhibits for the Board's review. Officer Alexander testified that a-eated September 14, 200.•was received`by the,, }. Finance Department t. owever,_i was returned on October 1, 2003,,for insufficient , funds. A letter was sent certified by the Finance Department on.October-10; -2003. Delivery was attempted•and.as orthis ate' remains unclaimed. Mr. Harris submitted another check, which was refused by the Finance Department. The Finance Department is requiring a cash paymen4ue to the previous bad check. > r.. L r c r -Li r>,p"'tr +'t'a: 'C4 ' .Jrt).. J i:.+.. 1V '1 - Sao' `R4 , ,a , OCT -27-�311, r14 f`PM it.RREC i ° F 321- 639 3777, P. 01 i 1 ar,ilJ.+i14-r i+, N .A.ii-,'.-a .'tnwrralr dP j "T- ix31.,) .0, , N'pC. :1 YS t�•_ ,:;; 't"`S , Z! .. < �';.s'aA'a+ .i(,: -,..1, -,,,t -T1{..- 4,-i. r. 3`:`5� :+IK,', '-: a i:« 4i -,s tom,, e. Vel 9l 'i 'xRobinson'.d� Robk*on Electrical Contractors, Inc.',:r.; mt$q .r'., x ;.4t r m<k ats,..,><.:;r . 'a; -;,4t5 "'P: O Box 1843 -' 'Cocoa. FL 32923.1943 °, ' r, 021)136-9605; Fax (321) 639-3777 ,.. FAX COV pi 40 i. ;tot i pages;" 1ncludinraier: .. '1- . ,3 k,la: Ir., te PM . RREC - t 8, ,' ` ar'",/ �T� 0, ' l�Q, rlad Sent From 321, 639" 377 . U� &Vita lrst - ,C. Rts,,,t'na4 n a r -t,..), 4 'ia.% 4pJ." ntr '`•:t' ; u P, o Box U 3 i. ra $R, FL 3Z314t 32'i ; . I Fox 321) (130-3777 Date .11, itts.D j "� 6 •�'., "- _ 1 (J/Z17 4 -2 —_- ! Magri ..,.i s I ur etre 0 . f , ., 8 Rep? i As® . fit'_ Your'. • , Fax Numbers ,_ - - . ' 4'!. Re er�encerf ¢ ri tt iii �r : � -fit ,. Or- � " j :' 4 P + a Ci a - i M { wa ..�., ::i, 4d im'� 7 S/'arr 6. e a"11' Ate rt ) e� ci+c a p_t) r_. s 1_ .,.• - - , - f ref # ».i r 1,-4,-..3.-s�.......�.:..•. .. } e ,!. s i':. ;'S 3 �, y i.:A..}-f 4 , .j_.. li# e ,v V.a�yF ct g t2iksi_ oil 1 epos ¢*� b merit, our xlifb . s., i . - _ ...... _ .. _ . Fax 6t e . ' � � A ., itrrh,n.il F 11r-•, , ,4. .ter- - _ Lt i rY� , _ ..—�..,..,•..:.. ... f =" w . d"' /1 r:�r 1 t �3>� . Ei V4 P4i Ing T 0 7 J,I 471v7A i flan w. -•--- -0. ,rr�gf�.c • ca ' Please reply .;_by .- (Da4tc) O j*P IONE L321) 63e-9505 f i° • Please r%pl YL t by k (octy) Code Enforcement Board Meeting Minutes October 23, 2003 Page 5 Due to the fact that Mr. Harris was not made aware of the cash payment policy, Officer Alexander recommended the'•ard cess the checkirn Motion by Mr. Hale, seconded by Chairperson Russell to process the check in the amount of one hundred and fifty dollars ($150.00) and bill Mr. Harris for the difference. Discussion followed. Mr. Hale withdrew the motion. Motion by Mr. Holfve, seconded by Mr. Stewart to table this ease until the November meeting. Vote on the motion carried unanimously. There being no further business the meeting adjourned at 8:34 P.M. Approved on this day of , 2003. Joy Daine, Board Secretary Mary Russell, Chairperson DRAFT ** ' _ _ FkiDA"'-' UNIVERSAL STIJ0IJ Date: • Jun01 ' 02 084a PM Card Type MASTERCARD Acct #: XXXXXXXXXXXX�c.v.• Exp Date: 02/04 Auth Code: 297101 Check: 594 Table: 71/1 Server: 86 BRIAN B D TODD HAZEL. Subtotal: P TOT 1 2 ** GUEST COF r' K" l t) (p /o3 UJk012.10.3 07 :CD O'07 �`O COV Q) Cr) ccs cO • K • �' O X N K f_` 1 cc 'O Q) O CU ><X 'O` • i01:3 D 10 O E CI) E • CO CC� C7 0 Gl- 'C >< CV E --' C•7 LC7 -., 'O K • O C'7 ["] L rt, J. V- t L K • O O lfi C• •- c LL Ln C1) ti r- /�� Y Y CO O 1. w. -.P r +-+ K .. • ,4- •r O ^ 0 rr•. O S L 00 ro e X` Q y C'7 Z 11J , Q O D 1— OE 10 (7) N I --I U Y CD 0.) U .- > CD _CI f - _C T) N U C/7 CUSTOMER COPY tv4ickt Charles Biederman L'c' Walter Godfrey old"' r Vice Chair James Hale V Karen Hartley, taifve- 1st Alt. Jeffrey Ratliff' r. Mary Russell V Chair Craig Stewart " Call to Order Roll Call City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE NOVEMBER 20, 2003 7:00 P.M. Establishing Next Meeting Date: December 18, 2003. NEW BUSINESS: 1. rw Lf•tt-6 Approval of Meeting Minutes: October 23, 2003 2. Interview Perspective Board Member, Alice Filteau. COMPLIANCE HEARINGS: 1. Case No. 03-67 — Violation of Section 302.7.2, International Property Maintenance Code, Swimming Pools, (218 Jackson Ave.) — Thomas Mettee, Property Owner. cor-tPtt4nc� Mcrton -2 2. Case No. 03-76 — Violation of Section 70-69, Occupational License Required, of the Cape Canaveral Code of Ordinances, (141 Riverside Dr.) — Michael Harris, Property Owner. 3. Case No. 03-117 — Violation of Section 82-371, Posting & Specification of Numbers, of the Cape Canaveral Code of Ordinances, (128 Adams Ave.) — Rick Myers, Property Owner. LJ ram i*. PUBLIC HEARINGS: Case No. 03-128 — Violation of Section 110-334, Special Exceptions, of the Cape Canaveral Code of Ordinances, (8705 N. Atlantic Ave.) — Howard & Betty Gould, Trustees. Case No. 03-131 — Violation of Section 82-371, Posting & Specification of Numbers, of 'the Cape Canaveral Code of Ordinances, (501 Jackson Ave.) — Penny Corcoran, Property Owner. 0_0rn0:2A 3. Case No. 03-139 — Violation of Section 34-181, Storing, Parking or Leaving on Private Property, of the Cape Canaveral Code of Ordinances, (505 Fillmore Ave.) — Vincent Marino, Property Owner 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com 4 [ r 0-0 rc 17 J �cr C G•-� ticar.-r3( - °NE -gpr1 f efa;r3 - . 9fr?(a3 • Itre t/ribail 25) ti‘ - Ca;.-ion.c�Z� acted — nlo✓. G �o(z�lLZ3 lag k j0 /<2f3 :s (9l.4‘9 - r „a CL --tom- y heP` ZS B�ori _ 0)7( '"L ,1` 3 cei ho v DQo c -e.- Gtr — d? •- . -, v �� 0,''� - a`.-e-� e�__�p Gin ' _ (o yr l( cam, qr ` ±' L) v te; c ✓:c; r i hcs-1 S " 7 [.bt . �� /GYM _ ? `-f. 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D3 0-ySS1723"' e1 /A /LCIS 41141, • LO�J 10 (i1 E T T I NG -- r 1 Do(ZeS S, cea.-ot.0� CSC d 4:a CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD ORk Pursuant to Section 2-171, Cape Canaveral Code RECEIVED 1 City Code requires prospective and existing board members to fill out an application. also prohibits a person from serving on a City Board or Committee if that person convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: It ori 2. Home Address: �� .�_�►`�� �' '� \ �' 3. Home Telephone: 4. Occupation: vac?.kQt' City Code has been 5. Business Telephone: 6. Business Address: B. ELIGIBILITY \The information provided in this section is for purposes of determining whether you are eligible ‘to serve'on a City advisory board or committee. ) Are you duly registered to vote in Brevard County? (�_2 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) I(N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: .1111. 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? initials (Y) AN) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: (c � � c\. r 2. Brie ly state any prior experiences in serving on any govemmental board or committee: k _ �l..cL ��v� 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: Q i U c- knc �l1Sa(1 �•,�.t�,R k r\v1, L i 'tiV k.41 c- r 4 - t'') 1C k- CO' i c`°-t..CL St �) r_ -t5::,' t : C G- k_t . A. rL__\1 q,d;' •`,r. `'J *z -'t1 --`C r„ 4. In numerical sequenc&(1 = most interested� -- , pleAse rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* c. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. i Planning and Zoning Board* Recreation Board Other: J• *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. • D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male r Asian -American / Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES],WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before thd City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: Please retum to: 11.L4, City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 For Office Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: 1 -Aug -02 Case No. 03-76 Ej bi-f &4 - Violation of Section 70-69, Occupational License Required Mr. Michael Hams 141 Riverside Dr. Following is a time line of activity by City Staff concerning the above violation: Renewal Notice sent 11 -Oct -02 Delinquent Notice sent 421 6 -Jan -03 20 -Jun -03 23 -Jun -03 24 -Jun -03 25 -Jun -03 26 -Jun -03 1 -Jul -03 8 -Aug -03 11 -Aug -03 18 -Aug -03 — 19 -Aug -03 3 -Sep -03 26 -Sep -03 8 -Oct -03 22 -Oct -03 24 -Oct -03 6 -Nov -03 Delinquent Letter sent Case submitted to Code Enforcement Site visit by Code Enforcement Officer Site visit by Code Enforcement Officer Site visit by Code Enforcement Officer Site visit by Code Enforcement Officer - door tagged Site visit by Code Enforcement Officer Site visit by Code Enforcement Officer 1st Notice of Violation sent Letter received from Mr. Hams agreeing to pay the license fees IF the penalties are abated. Copy of Delinquent Letter sent Notice of Ordinance Violation sent Mr. Harris paid $150 by check. Check returned NSF Letter sent notifying Mr. Harris of returned check. Retumed to City 10/30/03 unclaimed. Post office attempted delivery 10/11, 10/23, and 10/26. Mr. Hams dropped an envelope off at the Finance counter. It contained a letter dated and another check, drown on the same account, for $150. Mr. Harris called the Finance Dept. and spoke to the treasurer. At that time he asked how much he owed. I explained that he owed: $ 93.75 For 2002/03 License and late fees 82.50 For 2003/04 License and appropriate late fees 30.00 For Bad Check Fee ..."$ 206.25 Total He said that he would be by to pay within the next few days. Treasurer left message on Mr. Harris' answering machine imploring him to please come in and settle the Bad Check, as our next step would be to turn it over to our attomey, which would incur additional fees. 20 -Nov -03 As of this date, no response. MICHAEL HARRIS, CPA 141 RIVERSIDE DRIVE CAPE CANAVERAL, FL 32920 ATTN: MICHAEL HARRIS License Number 6050 8/19/2003 Feg: 75.00 Plus 25% Late Fee Total Due $93.75 Dear MICHAEL HARRIS, City of Cape Canaveral Ccs o P'Y of L61:16- �z�t 'exiab(7 13 14` Our records indicate that the Occupational License for your business for the 2002/03 business year has not been renewed. Florida Statute 205.053 and City Code 70-75(b) require that all occupational licenses are due and payable before October 1st. Licenses which are paid after that date are subject to the following penalties: 10% if paid on or after October 1st, 15% if paid on or after November 1st, 20% if paid on or after December 1st, and 25% if paid on or after January 1st. In addition to the above penalties, "any person who engages in any business, occupation, or profession who does not pay the required occupational license tax within 150 days after the initial notice of tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts and a penalty of up to 250.00 dollars." The license listed above is now over 150 days past due. This letter will serve as final notice for payment of your occupational license. Any license not renewed by January 31st will be tumed over to our city attorney and/or code enforcement. At that time, all administrative costs incurred for collection, attorney's fees and the 250.00 dollars additional penalty may be charged. If you are no longer conducting business with the City of Cape Canaveral, please notify the Finance Department so that we may remove you from our active files. If you have any questions on the above, please contact the finance department at 868-1234. We will be happy to assist you. Sincent, Bowers City Treasurer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state.fl.us/cape. e-mail: ccapecanaveral@cfl.rr.com „ . 13 /CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES NOVEMBER 20, 2003 7:00 PM DRAFT A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on November 20, 2003, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Walter Godfrey Vice Chairperson James Hale Karen Hartley Charles Biederman Craig Stewart Jeffrey Ratliff OTHERS PRESENT Joy Daine Jeff Quree Alexander Aouutx.. The Board members established that 2003. Assistant City Attorney NEW BUSINESS: 1. Board Secretary Assistant City Attorney CCgde nforcement Officer C;SKy G unc. l merr%be the next meeting would�be held on December 18, swore in all persons giving testimony. Approval of Meeting Minutes: October 23, 2003. Motion by Mr. Biederman, seconded by Mr. Hale to approve the meeting minutes of October 23, 2003. Vote on the motion carried unanimously. 2. Interview Perspective Board Member, Alice Filteau. Chairperson Russell explained the Boards responsibilities and stat90 that as a Board . ember, Ms. Filteau would loose her right to bring a ease before the Voard. no S pa4, ,,� �- s. Filteau sta %-thai she was interested in serving the community through the Code Enforcement Board. Cflwnc�,\coN64y4r Ms. f,feo. ) Motion by Mr. Hale, seconded by Ms. Hartley to recommend coaflGGi gaual.. `A, (soca Employee Emergency Telephone Numbers First Name Last Name Title Home ,Phone Cell Phone City Cell Phone Pager Work Phone Bennett '"''Bouc1�er el rCit} Manager 784-1649 863-0634 868-1230 Rocky Randels Mayor 784-5694 536-2864 868-1230 Bob Hoog Mayor Pro Tem 783-8269 508-8916 r f 784-2529 Jim Morgan Council 784-0024 213-2481 868-1230 Steve Miller Council 799-0061 868-1230 Richard Treverton Council 784-5409 868-1230 George McGee Cmdr.. Canaveral Precinct 403-1343 690-9642 ' 868-1212 Gary Young Lt.. Canaveral Precinct 403-1496 690-7681 868-1212 Dave Sargeant Fire Chief 863-8887 680-3031 7834424 John Cunningham Asst Fire Chief 863-8889 680-3032 783-4777 Todd Morley Bldg Official 6324839 288-1610 868-1222 Ed Gardulski P.W. Director (386) 345- 2181 508-2586 868-1240 Andrea Bowers City Treasurer 449-9164 if 868-1234 Susan Stills City Clerk 459-1383'r 868-1221 Nancy Hanson Rec. Director 639-074;868-1227 Vacant , • - .P1ans,Exaininer= "' ! `' ;288=1612 3>; 868-1222 Tim Reaves Bldg Inspect/ Plans Examiner 3-0371 '.24).1),•5. • r. 288-0656 $68-1222 Duree Alexander Code Enforcemen Officer .' 288-8653 868-1222 Walter Bandish Ass't P.W. D. . 242-3454 508-2584 868-1241 Carl Akers Collectioi uper 633-9930 508-2592 868-1241 On -D . Plant Ope • .tor 302-1480 Kay McKee St ets Super 4534129 508-2588 868-1242 Mike Richart Maint. Specialist 3834503 863-6410 868-1242 Kim McIntire City Mgr's AA 4544820 868-1230 Susan Chapm di Bldg`Offs AA 631-1395 • 868-1222 Virginia Ha • CityClerk's AA 383-0691 ; :; 868=1221 Marianne . . uston . P.W., Dies M 7994508 863-7365 868-1240 Fran ' • • " •Norman" ''' i 'Rec.-Dir's AA. 632-8873 868-1227 cape-nt kim\my documents\admin\forms\employee emergency telephone numbers. doc ' 11 Revised 11/24/03, f Code Enforcement Board Meeting Minutes November 20, 2003 Page 2 COMPLIANCE HEARINGS: 1. Case No. 03-67 Maintenance Code Property Owner. — Violation of Section 302.7.2, International Property Swimming Poo (218 Jackson Ave.) — Thomas Mettee, (Ma, Codes 46 0 rulti,ctnces Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. 2. Case No. 03-76 — Violation of Section 70-69, Occupational License Require•f the Cape Canaveral Code of Ordinances, (141 Riverside Dr.) — Michael Har s, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history. Andrea Bowers, City Trea�urer - • s _' _ presented €)thibit-00, a time line of staff activity f6?the Board's review. s.: ewers testified that the first communication with Mr. Harris was on October 18, 200hrough a letter sent to the Building departme,, b` . Bowers presented EREllibitek, copy of the delinquent letter sent to Mr. Harris. s. Owers sta d that the fetter was sent on January 6, 2003 and aAugust 19, 2003. Mr. Hale questio ed gnat the the September no5eace. Mr. odfrey replied that Mr. Harris is battling hepatiti nd has been in and out of the hospital. Alsois father had a heart attack in Alabanand Mr. Harris was out of town caring for f l r. occupoituonal ltaen5e. re 1 red ...Meotigir by Mr. seconded by Mr. Hale to find Michael Harris in violation of Section 70-69)of the Cape Canaveral Code of Ordinances. Vote on the motion carried by a six (6) to one (1) vote with the Board members voting as follows: Charles Biederman, for; Walter Godfrey, against; James Hale, for; Karen Hartley, for; Jeffrey Ratliff, for; Mary Russell, for; Craig Stewart, for. circumstances noted in 4- €anal Mr. Stewart stated that the Board needed to know what Matrr options are to determine the penalty..a ettf no Sea -CR.. fitniA4. Stak- Attorney Buak stated that-the•Statue.provides a maximum penalty of 25% of the Vccupational icense fee,,in addition to any administrative costs incurred by the City basedon staff testimony Chairperson Russell asked what the additional administrative costs included. s . >�joweXsre'Qonda,bl'�'�` to(tda. S ''-k Androatesty#ie allows for a $2450.00 penalty,to be incurred at the Board's discretion `she estimated seven (7) man-hours at $12.00 per hour and a total of four (4) certified letters at $4.42 each. Pursuant to Section 286.0105, F.S., the City hereby advi . -s the public that: If a person decides to appeal any decision .made by the Code E orcement Board with respect to any matter considered at this meeting, that person w need a record of the proceedings, and for such purpose that person may need to - sure that a verbatim record of the proceedings is made, which record includes the estimony and evidence upon which the appeal is to be based. This notice does •t. constitute consent by the City for the introduction or admission into evidence of • erwise inadmissible or irrelevant evidence, nor does it ,authorize challenges or a• •eats not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussio . held at;this public meeting. Persons with disabilities needing special assistance p icipate'in' any of these proceedings should contact the 'City Clerk's office at 868-122 , 48 hours'in advance of the meeting. • ':i:^u?J +'i: ::.,•tel _..3r j:.: 1'. r.�iJ. 3.9 • r its+ ••� iif ?3S•,) rl}:.;,ynk°e'j ?'i•y.J.ej H r Code Enforcement Board Meeting Minutes November 20, 2003 Page 3 roti by Mr. Stewart, seconde y�Chairperso�n Russell to impose the minimum fine possible. Discussion followed. ie pedal ° it clude ,occupational license ro I"8 " "9 late fees, bad check fee, and administrative fees (hours & postage), for a total amount of $307.75. Vote on the motion carried unanimously, with Mr. Biederman absentk,-1- time. 06 voh 9 • 3. Case No. 03-117 — Violation of Section 82-371, Posting & Specification of Numberpf the Cape Canaveral Code of Ordinances, (128 Adams Ave.) — Rick Myers, Property Owner. k pec °�''1' 1 Code Enforcement Officer, Duree Alexander testified that the City rel - has withdrawn the Case. PUBLIC HEARINGS: 1. Case No. 03-128 — Violation of Section 110-334, Special Exception ;,•f the Cape Canaveral Code of Ordinances, (8705 N. Atlantic Ave.) — Howard & :etty Gould, Trustees. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that Mr. Hoog had ad/t stater} that there was a Special 5(ception granted to the property owners sometime between 1982 and 1986. Officer Alexander further testified that she and Virginia Haas, Administrative to the City Clerk, searched the City records and no special gxception for outside storage was found. Officer Alexander respectfully requested that the Board find the gspondent in violation of Section 110-334(11) and be required to obtain a$pecial PScception for the property.. -o Conlinve'l -.use. . Mr. Gould, property trustee testified that he thought the outside storage was okay. He stated that he remember back to the 1980's when the Building Official at that time) concluded that it was permitted. Mr. Hoog, City Council Member, testified that between 1983 and 1987 the City Council granted outside storage. sr -4" ct '°ry Motion by Chairperson Russell, seconded/y Mr. Hale, to find Howard : Betty Gould, Trustees, in violation of Section 110-334, of the City of Cape Canaveral Code of Ordinances and Order that they apply for a Special Exception within Ninety (90) days or before the February 19, 2004 Code Enforcement Board Meeting. Vote on the motion carried unanimously. 2. Case No. 03-131 —Violation of Section 82-371, Posting & Specification of Numbers, of the Cape Canaveral Code of Ordinances, (501 Jackson Ave.) — Penny Corcoran, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. ; ? • Code Enforcement Board Meeting Minutes •". < November 20i 2003 t - Page' 4 -4 • . 4 t " P444 3. Case No. 03-139 — Violation of Section 34-181, Storing, Parking or Leaving on Private -Property, of the Cape Canaveral Code of Ordinances, (505 Fillmore Ave:). - 4 ee • -0 • 9"'e • • Vincent Marino, Property Owner. - ' Code Enforcement Officer, Duree Alexander provided atri overview of the Case history - • .A6 4 I, 4 and presented 'Exhibits for the Board's. review: Officer Alexander testified that the ::,. • vehicle was tagged on October 14, 2003 with a 72hourNotice to remove. On October 15, 2003 Nathan'West-reguestea tOpeal the Notide. Officer Alexander further •••,, , ,-,4 testified that prior to the October 23, 2003 Code Enforcement Boardmeeting the vehicle s•- ,-. , had been moved off the property and the Case was found in Compliance; . ..- .. , . effiser--A•learrcrer-stetethatenOctober 27,2003 she received a.call that the vehicle was back on the property. ;• i•:. Nathan West, Respondent's son, teStified That his ieri-rti *las. been out of the State and •:they are trying to sell the vehicle. ; 4.1,44.04066\15010-% emsfic;4(?royeAV Motion by Mr. Stewart, seccyided by Mr. Hale, -to find Vera Bonner, Respondent, in violation of Section 34-181!'of the City.of Cape Canaveral Code of Ordinances and to - Order the ReSpondent to obtain the cufrent vehicle registration within ten (10) days after which time a fine of twenty-five dollars ($25.00) per day shall be assessed.- Discussion followed. Motion amended to extend'the compliance dateto fourteen(14) days or before December 4; 2003. Vote - ,L.Autaxadamo, _There being no further business the meeting adjourned at.8:32 tA 0 o-;c- CY1 Approved•on this "daidf • 77.7t t •44 r • rr r #.21 A.. • r• 1 4: ... '•Mary Russell, Chairperson Joy Daine,_ Board Secretary.' •-• 4. i• , , re .c• ' ., ' , , " ) ' •,, Vadtli Oil'4- , • .;•,. . . 6 cvvivinatne:04, co,,,,("ed LAinctru-rnoo. v,,..k_ orl'kiltz r li M0 -410r\ 1 0, S • arr\ex\•06„ck Q... cor r 1 € • --f i - # ' I • •••• •## CITY OF CAPE CANAVERAL BUILDING PERMIT APPLICATION City of Cape Canaveral Building Department 105 Polk Ave. Cape Canaveral. FL 32920 (321) 868-1222 Date: i� �Z? download this a p cation: # (You may : www.mvflorida.com/cape. You may fax to: (321) 868-1247. Important: A checklist is provided on the back of this form. Complete the checklist and provide other documentation as indicated on the checklist. A copy of contract may be required. Application packages will not be accepted unless complete. CONTRACTOR WILL BE CALLED WHEN PERMIT IS READY. (Contractor/Owner-Builder is required to sign for the building permit, unless indicated otherwise by affidavit. I.D. may be required). Address of Job Site: gd/d(21J.21;LcD Zgoaly SU` BD: BLK: LOT: PB: PG: Legal description of property: wlv: RNG: SEC: Name of Property Owner: ige-me elie, Property owner phone number: 14.1V-viZ,2, Address of Property Owner: j445 J .ij-�au�sa Community Appearance Board approval date: Site Flan approval date: I Type of Permit Brief description of work: _ • , # of dwelling -tinits =` '-•--,,,'- # of :bedrooms # of bathrooms Building Commercial (office): Phone (cell/pager.): Fax: Electrical $ SFR Primary Contractor Name: Plumbing Name of Company: Address: $ Townhouse Mechanical Other5dii �; si-zz-cet coir .,off 1 1-- . ,�/ U ,/ Type of Building Square , 'Feet ' , Const. Type, ` # of v'stories " # of dwelling -tinits =` '-•--,,,'- # of :bedrooms # of bathrooms Total valuation of work Commercial (office): Phone (cell/pager.): Fax: $ SFR Primary Contractor Name: Name of Company: Address: $ Townhouse State License No.: Phone (office): Phone (celUpager.): Fax: $ Apartment s ,._ Name of Company: $ Address: Condominium i , E ^ . ,.,, ::. �' :1',• 01 Phone (office): $ Fax: Other Plumbing Contractor Name: $ Architect/Engineer Name: Name of Company:. .: Address: State License No.:Phone (office): Phone (cell/pager.): Fax: Primary Contractor Name: Name of Company: Address: State License No.: Phone (office): Phone (celUpager.): Fax: Electrical Contractor Name: Name of Company: Address: State License No.: Phone (office): Phone (cell/pager.): Fax: Plumbing Contractor Name: Name of Company: Address: State License No.: Phone (office): Phone (cell/pager.): Fax: Mechanical Contractor Name: Name of Company: Address: State License No.: Phone (office): Phone (cellipaget.)„ f,...._.... �._..__.___ : Specialty Contract, r Name: 9 Name of Company - •- -^ ^' Address: e_ State/Local License No.: Phone (office): Phone (cel(/pager.): ' Fax: CaII to Order Roll Call City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JANUARY 22, 2004 7:00 P.M. Establishing Next Meeting Date: February 19, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: November 20, 2003 (('to -Ke. I r , Qopravc-. 6,' rr'.1, 2. Election of Chairperson and Vice Chairperson. to-t2wr r re--e't C(h?L ( QiLcxx, r�-R� �h4 Not COMPLIANCE HEARINGS: 1. Case No. 03-76 — Violation of Section 70-69, Occupational License Required, of the Cape Canaveral Code of Ordinances, (141 Riverside Dr.) — Michael Harris, Property Owner: sn Co~kP I'ar Cz_ 2. Case No. 03-139 — Violation of Section 34-181, Storing, Parking or Leaving on Private Property, of the Cape Canaveral Code of Ordinances, (505 Fillmore Ave.) — Vincent Marino, Property Owner. y„ Oom pl PUBLIC HEARINGS: 1. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. (Postponed from October 23, 2003 meeting). pAo ort po�pvn-e -T 4 S �i lOn _ 0 -On corp-4:-tt() 2 Case No. 03-141 — Violation of Section 34-96, Standards established, of the Cape Canaveral Code of Ordinances, (220 Canaveral Beach Blvd.) — Robert & Tricia Varner, Property Owner_ C_oMpt,4nce__ 3. Case No. 03-146 — Violation of Section 104 & 105.4 Florida Building Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (6890 N. Atlantic Ave.) — Yogi's Food & Beverage, Inc., Property Owner. Nio fo5t-f on eC URt ( c,r7 I� e�7�irq 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 1-% 'Charles Biederman Iter-erodfrey Vice Chair XJames Hale -Ka Lars Holfve - 1st Alt. ,Jeffrey Ratliff ,>"Mary Russell- Chair X' Craig Stewart ' AIirzav 2^4 Ail: CaII to Order Roll Call City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE FEBRUARY 19, 2004 7:00 P.M. Establishing Next Meeting Date: March 18, 2004 - NEW BUSINESS: 1. Approval of Meeting Minutes: January 22, 2004 PUBLIC HEARINGS: 411?. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. Case No. 03-142 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (8911 N. Atlantic Ave.) — Virginia Eberwein, Property Owner. Case No. 03-157 — Violation of Section 70-69 Occupational License Required, of the Cape Canaveral Code of Ordinances, (102 Columbia Dr. Unit 104/105) — Stanley Kammerude, Property Owner. 4.1 Case No. 03-146 — Violation of Sections 104 & 105 Florida— Permits & Inspections, of the Cape Canaveral Code of Ordinance'sg 89 e Atlantic Ave.) — Yogi's Food & Beverage Inc., Property Owner. •( 0 N. Case No. 03-161 — Violation of Section 34-99 Landscape Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (8803 N. Atlantic Ave.) —James Cannon, Jr., Property Owner. Case No. 04-02 — Violation of Section 94-76 Temporary on -premise Signs, of the Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) — Lettye Baggett, Property Owner. /5. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com a• r 1 CSJ�J VQi-f 03 — Kr : f, Leree- - y. .- sr-,, J et)rvA`l�vy� _ _• r w ms's t�E i+.. r, eii9 G-9 Ciee,i ir \,_ {art ( 41, -t 4534.. _ • s. ept vG/�_ - } R!F t� 14°ty- -- - cA 4 tec ___. ULera(a _iii t f,6 GC' ) ra . C L.)a — Merui.)er de... c-. i 86„).„--r- ________ Z- L GSL .. - ' 3 _67. � _'- nr,-( _Co:4-1HPy 0 — • Ce • ts L✓ f7 X3;1 _ ' � ,� •moi � t - '}. ! . • CD 7 03 l�rcG E4 c (.76 It 4. Ser �t. 1 E Ji..J .fir rti r i• • _ t ,y, !. y+ 't, r • I 1. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES FEBRUARY 19, 2004 7:00 PM DRAFT A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on February 19, 2004, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell James Hale Craig Stewart Jeffrey Ratliff Charles Biederman Lars Holfve Alice Filteau MEMBERS ABSENT Walter Godfrey Karen Hartley OTHERS PRESENT Joy Daine Jeff Buak Duree Alexander Chairperson 1st Alternate 2nd Alternate Vice Chairperson Board Secretary Assistant City Attorney Code Enforcement Officer The Board members established that the next meeting would be held on March 18, 2004. Assistant City Attorney Buak swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: January 22, 2004. Motion by Mr. Stewart, seconded by" Mr. Biederman to approve the meeting minutes'of January 22, 2004. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 19, 2004 Page 2 PUBLIC HEARINGS: 1. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspectionf the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Ken dy, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander, .on behalf of the City, respectfully requested that the Board find the Respondent(s) in violation of Section 104 & 105 Permits & Inspections of the Cape Canaveral Code of Ordinances, for work done without a permit, and Order the Respondent(s) come into compliance by April 22, 2004. Mrs. Kennedy testified that she received a letter in 1998, from the City of Cape Canaveral Code Enforcement Officer, Greg Mullins, requesting the property be cleaned up, which included paint and windows. Since that time, the Code of Ordinances has changed requiring a permit for windows. Mrs. Kennedy further testified that she was not aware a permit was needed for the work done on the property. She stated that she understands now that a permit is required. Motion by Mr. Stewart, seconded by Mr. Holfv:;`o find Robert Kennedy, in violation of Section 104 & 105 Florida Building Code as pted by the City of Cape Canaveral Code of Ordinances and Order that he comeinto compliance by April 22, 2004. Vote on the motion carried unanimously. 2. Case No. 0 '7— Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (8911 N. Atlantic Ave.) — Virginia Eberwein, Trustee, Property Owner - c/o Ron Lindsey. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that after several meetings with Ron Lindsey and Wade Brice,.the required permit has not been obtained. Officer Alexander, on behalf of the City, respectfully requested that the Board find the Respondent(s) in violation of Section 104 & 105 Permits & Inspections of the Cape Canaveral Code of Ordinances and Order the Respondent(s) come into compliance by March 18, 2004)after which time a fine in the amount of $50.00 per day be imposed. s Motion by Mr. Stewart, seconded by Mr. Hale, to find Virginia Eberwein, Trustee, Property Owner c/o Ron Lindsey, in violation of Section 104 & 105 Florida Building Code as adopted by the City of Cape Canaveral Code of Ordinances and Order a fine in the amount of $25.00 per day, be imposed starting Friday, February 20, 2004. Discussion followed. Shy Code Enforcement Board Meeting Minutes February 19, 2004 Page 3 \9f Motion by Mr. Stewart, seconded by Mr. Hale, to amend/original Motion to allow until Wednesday, February 25, 2004, to impose the fine in the amount of $25.00 per day. Discussion followed. Mr. Stewart withdrewriginal and amended Motions. Motion by Mr. Hale, seconded by Ms. Filteat.4to find Virginia Eberwein, Trustee in violation of Section 104 & 105 Permits & Ins ections of the Cape Canaveral Code of Ordinances and Order the Respondent come into compliance by March 18, 2004 after which time a fine in the amount of $50.00 per day shall be imposed. Vote on the motion carried unanimously 3. Case No. 03 157 Violation of Section 70-69 Occupational License _ qu red, of the Cape Can veral Code of Ordinances, (102 Columbia Dr.q Uni 504 105) — Stanley Kammerude, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. 4. Case No. 0 -146 Violation of Sections 104 & 105 Florida Building Code — Permits & Ins • - ions, of the Cape Canaveral Code of Ordinances, (6890 N. Atlantic Ave.) — Yogi's Food & Beverage Inc., Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that a structure was erected without a permit. Officer Alexander, on behalf of the City, respectfully requested that the Board find Edward Liguori, Business Owner, in violation of Section 104 & 105)Permits & Inspections of the Cape Canaveral Code of Ordinances and Order the Respondent come into compliance by April 22, 2004)after which time a fine in the amount of $50.00 per day,beposed. Motion by Mr. Holfve, seconded by Mr. Stewart, to accept staff recommendation and site Edward Liguori, Business Owner and Yogi Patel, Property Owner. Vote on the motion carried unanimously. 5. Case No. 03-161 — Violation of Section 34-99 Landscape Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (8803 N. Atlantic Ave.) —James Cannon, Jr., Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that a written complaint regarding yard waste lead to a field inspection revealing a large pile of vegetation. Following a Notice of Violation, Jeffrey Sauer, business owner, partially removed the vegetation. Officer Alexander, on behalf of the City, respectfully requested that the Board find the James Cannon, property owner, in violation of Section 34-99 (2))Landscape Appearance Community Appearance Agenda March 1, 2004 Page 2 11. Request No. 04-15 - Fence & Revised Colors- NE Corner Ocean Woods/N. Atlantic Ave.: Jason Schaefer; SSA; Applicant.: t' 12. Request No. 04-16 - SFR -123 Lincoln Ave. - Steven & Chelly Harkness;' Applicant. 13. RequestNo: 04-17 - SFR - 804 W. Central Blvd:.'Ken Ward;'Applicant. ,_r • • } • { • Pursuant to Section 286.1015, F.S.,. the City, hereby, advises the public that:. If a person decides to appeal any decision made by the Community Appearance Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings'is made, which record includes the testimony and evidence upon which,the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or'appeals not otherwise allowed by law. This meeting may include the attendance of one or more•members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Planning & Zoning Board who may or may not participate in Board discussions held at this public, meeting. _ Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221,.48 hours in advance of the meeting. Y tau .• . r a Call to Order Roll Call NEW BUSINESS .� 4 ...,,,t, COMMUNITY APPEARANCEBOARD, AGENDA 111 POLK AVENUE MARCH 1, 2004 7:00 P.M. • c 1. Approval of Meeting Minutes: February 2, 2004 2. Election of Chairperson and Vice Chairperson. 3. Interview perspective Board Member - Connie Trautman. 4. Interview perspective Board Member - Lisa Moore. 5. Request No. 04-09 - Paint Bldg. - 7980 N. Atlantic -Ave. -Sam & Astrid Heard, Applicant. 6. Request No. 04-10 - Paint Bldg. - 8660 Astronaut Blvd. - Aurthur Berger, Applicant. 7. Request No. 04-11 - Paint Bldg. - 7802 Astronaut Blvd. - Calliope Holiasmenou, Applicant. 8. Request No. 04-12 - Gate -120 N. Seaport Blvd. - Gate Control Technologies, Inc., Applicant. 9. Request No. 04-13 - Paint - 258 Cherie Down Ln. - Randy Sr Martha Camomilli, Applicant. 10. Request No. 04-14.- Information Center - 8899 Astronaut Blvd. - Allen Engineering, Inc., Applicant. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com & Maintenance and Section 34-97 (1) Duties & Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances'and Order the Respondent come into compliance` by March 18, 2004)after which time a fine in the amount of $50.00 per day1be i . posed. Motion by Mr. Holfve, seconded by Mr. Stewart, to accept staff recommendation and site James Cannon, Property Owner and Jeffrey Sauer, Business Owner. Vote on the motion carried unanimously. 6. Case No. 04-02 — Violation of Section 94-76 Temporary on -premise Signs, of the Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) — Leave Baggett, ,-\ n Propey Owner. Code Enforce . enfBoard Iv+eetirig Minutes' Ft-Or/19, bruary�19, 21 '04 P�ge Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. There being no further business the meeting adjourned at 8:10 P.M. Approved on this day of , 2004. Mary Russell, Chairperson Joy Daine, Board Secretary 1 �/11 - 1,', r� Y1. - —...__. _ 1 � a � 1 v ....—+...o,- • 1 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA Case # 2003-00142 THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Virginia Eberwein, Trustee CIO Ronald D. Lindsey Owner(s) of the Property located at: 8911 N. Atlantic Avenue Respondent(s). ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on February 19, 2004, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented _ at this hearing, the Code Enforcement Board finds: 1. The Respondent(s) was/were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation or violations of Section(s) 104'& 105 Permits & Inspections of the City of Cape Canaveral Code of Ordinances existed ✓ upon the Property and further provided reasonable time to correct said violation(s); £i CaII to Order Roll CaII City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD' REGULAR MEETING 111 POLK AVENUE FEBRUARY 19, 2004 7:00 P.M. - Establishing Next Meeting Date: March 18, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: January 22, 2004 PUBLIC HEARINGS: 1. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral ° Code of 'Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. s . s Z. Case No. 03-142.— Violation of Sections 104;& 105 Florida Building Code — ' Permits & Inspections,of the.Cape.Canaveral Code :of Ordinances,- (8911 N:. Atlantic Ave.) — Virginia Eberwein, Property Owner. a , 3. Ca -se No. 03-157 — Violation of Section 70-69 #Occupational License Required, of the Cape Canaveral Code of Ordinances, (102 Columbia Dr. Unit 104/105) — Stanley Kammerude, Property Owner. 4. Case No. 03-146' _ Violation of Sections °104 '& 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (689.0 N. Atlantic Ave.) — Yogi's Food & Beverage Inc., Property Owner. 5. Case No. 03-161 — Violation of Section 34-99 Landscape Appearance and Maintenance, of the Cape Canaveral Code ,of Ordinances,,'(8803 N. Atlantic Ave.) —James Cannon,,Jr.,.Property 'Owner. �.�. Case No. 04-02 — Violation of Section 94-76 Temporary on -premise Signs, of the Cape Canaveral Code of Ordinances, (661.5 N., Atlantic Ave.) — Lettye Baggett, ' Property Owner. ° 4 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 4 2. The Respondent(s) either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; that the Respondent(s)'.was provided notice of the hearing before the Code Enforcement Board and was'not present at this hearing; 3. Respondent(s) has/have violated the, City of Cape Canaveral Code of Ordinances, to wit: Permit'and Inspection required pursuant to..Se tn162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2; Article VI; --)' 4. That said violation(s) exist(s), existed, or continue(s) to exist(s) within the City of Cape Canaveral and that such constitute(s) a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent(s) be given until March 18, 2004, to correct any violation(s) of the City Code on the Property; and 2. If Respondent(s) fail(s) to correct the violation(s) within the time period set forth herein, a fine in the amount of Fifty Dollars ($ 50.00), (not to exceed Two Hundred Fifty Dollars ($250.00) per day), will be immediately entered without hearing and upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, per day until the violation(s) is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent(s) shall be responsible to provide notice of such violation(s) being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent(s) fail(s) to correct any and all violation(s) on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent(s); 4. Any and all future recurrence(s) of any violation(s) addressed herein after same has/have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is/are found to exist. 5. Respondent(s) shall also be responsible for costs incurred by the City of Cape Canaveral, consistent with Section 162.09, Florida Statutes, for costs of enforcement and/or for reasonable repairs made to Respondent(s) property by the City /Code Enforcement Agenda / February 19, 2004 Page 2 Pursuant to Section 286.0105, F.S., the City hereby -advises the public that: If a person decides' to appeal 'any decision 'made by the Code Enforcement Board with respect -to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need, to ensure that a verbatim record of the proceedings is made, which record includes'the testimony and evidence upon which the, appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral -City Council, Board of 'Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with' disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. Cf a p •E • c t � 9 of Cape Canaveral or its designee to correct any violation(s) that the Board deems a serious threat to the public health, safety and welfare. 6. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of February, 2004. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell, Chairperson Copies furnished to: Virginia Eberwein, Trustee Ronald D. Lindsey Wade Brice City of Cape Canaveral, Case File i I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this 20. h day of February, 2004. Joy Daine, Board Secretary Duree Alexander, Code Enforcement Officer CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA Case # 2003-00146 THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Yogi's Food & Beverage Owner(s) of the Property located at: N. Atlantic Avenue ,A. ward Liguori,! • THalu v rc d: LIA.IrNe•• / 1P•h- SAW riev o.) Respondent(s). ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on February 19, 2004, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the fecord and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent(s) were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape' Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation or violations of Section(s) 104 & 105 Permits & Inspections of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided reasonable time to correct said violation(s); 2. The Respondents) either failed or refused to correct such violations) within the reasonable time period provided in the Notice of Violation; that the Respondent(s) were provided notice of the hearing before the Code Enforcement Board and were not present at this hearing; • Call to Order Roll CaII 1 ) City of Cape Canaveral _tia1 AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE FEBRUARY 19, 2004 7:00 P.M. "5 Establishing Next Meeting Date: March 18, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: January 22, 2004 PUBLIC HEARINGS: 1. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits ;&,, Inspections, of the Cape Canaveral 'Code:.of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. 2 , Case No. 03-142 - Violation of Sections 104 & -105 Florida Building ? Code •`= Permits & Inspections, of ,the Cape. Canaveral Code" of Ordinances,•1(8911' Atlantic Ave.) - Virginia Eberwein, Property Owner. • 3. Case No. 03-157 Violation:of Section 70-69 Occupational License Required, of the Cape Canaveral Code of Ordinances, (102 Columbia Dr. Unit 104/105) — Stanley Kammerude, Property_Owner_, _, . ;, F. 4. Case No. 03-146 --Violation of, Sections .104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (6890` N. - Atlantic Ave.) — Yogi's Food & Beverage Inc., Property Owner. 5 .. Case No.., 03-161 — Violation of:Section 34-99 Landscape Appearance and ' Maintenance, of the Cape Canaveral Code'fof Ordinances, (8803 N. Atlantic ' Ave.) —James Cannon, .Jr.; Property Owner.' ' , "t.+ •.ia, ... ,,, f _ 6. Case No. 04-02 — Violation of Section 94-76 Temporary on -premise Signs, of the Cape Canaveral, Code of Ordinances, (6615 N. Atlantic Ave.)-- Lettye Baggett, Property;Owner. , - . , ,••1 ' - . , r ° , '' ti• , 'rj1 ,t 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 3. Respondent(s) have violated the City of Cape Canaveral Code of Ordinances,,to wit: Permits & Inspection required pursuant to Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 4. That said violation(s) exist(s), existed, or continue(s) to exist(s) within the City of Cape Canaveral and that such constitute(s) a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: - 2. Respondent(s) be given until April 22, 2004, to correct any violation(s) of the City Code on the Property; and . If Respondent(s) fail(s) to correct the violation(s) within the time period set forth herein, a fine in the amount of Fifty Dollars ($ 50.00), (not to exceed Two Hundred Fifty Dollars ($250.00) per day), will be immediately entered without hearing and upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, per day until the violation(s) is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent(s) shall be responsible to provide notice of such violation(s) being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent(s) fail(s) to correct any and all violation(s) on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this 'Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent(s); Any and all future recurrence(s) of any violation(s) addressed herein after same has/have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is/are found to exist. Respondent(s) shall also be responsible for costs incurred by the City of Cape Canaveral, consistent with Section 162.09, Florida Statutes, for costs of enforcement and/or for reasonable repairs made to Respondent(s) property by the City of Cape Canaveral or its designee to correct any violation(s) that the Board deems a serious threat to the public health, safety and welfare. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. - #4.- Vi ','sPurivant:to Section 286.0106, F.S., the City hereby advises,the public that If a "person decides to appeal any decision made by the, Code Enforcement Boaid with respect to any matter considered at this meeting, that person will need a record of the proceedings, ! and for ,such purpose that person may need to ensure that. a 'verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appear is- to be based. ' This notice does not constitute consent by the City for the introduction orpdmission into evidence of otherwise inadmissible or irrelevant evidence, • ,, . nor does it ' authorize challenges or appeals not., otherwise7 allowed? by law. The m6re - - attendance of one or more members of the Cape Canaveral City Council, aaard.of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held,at-this,public meeting. , Persons 'With disiabilities needing special assistance to participate in any of these proceedings should Contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. ' ; , •.1,, , 1f ' ' k 1.. ,,.. 1-- -zt :‘ .;4 : . ' 1 ' r .7 /Code Enforcement Agenda February 19, 2004 Page 2 4 s • • 4 r. ,.... I' . li". • • ' ''s...t 4 , 1 4 5., ... , c 1 n i 4,, 1 ' i ; ,• 7.,. 4t*..; ;1'. : , - • ,4 ' - t` ; , .-. -4),,., ; 4: -"' ',1 - , ...'... ' kz A . . I '"" •z-.„ 2 • B t r •• '711 • ,. , 4± 4! •444 " '!•'• .0 • • F e , DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of February, 2004. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell, Chairperson Copies fumished to: Respondent (s): Yogi's Food & Beverage, Inc., Property Owner Edward Liguori, Business Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been fumished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this 20th day of February, 2004. Joy Daine, Board Secretary Duree Alexander, Code Enforcement Officer Code Enforcement Agenda February 19, 2004 Page 2 5E Pursuant to Section 286.0105, F.S., the City hereby advises the public that:'If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such -purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or_admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who mayor may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. , ,t v CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA Case # 2003-00041 THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. -arm Robert Kennedy, SA., Owner(s) of the Property located at: 8666 N Atlantic Avenue 7» Respondent(s). ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on February 19, 2004, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent(s) were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation or violations of Section(s) 104 & 105 Florida Building Code - Permits & Inspections of the City of Cape Canaveral Code of Ordinances existed upon the Property. 2. That said violation(s) exist(s), existed, or continue(s) to exist(s) within the City of Cape Canaveral and that such constitute(s) a violation of the City of Cape Canaveral Code of Ordinances. CaII to Order Roll CaII City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD 4 REGULAR MEETING 111 POLK AVENUE FEBRUARY 19, 2004 7:00 P.M. Establishing Next Meeting bate: March 18, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: January 22, 2004 PUBLIC HEARINGS: 1. Case No. 03-41 —,Violation of Sections 104 & 105 Florida Building Code Permits & Inspections, of the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. 2. Case No. 03-142 — Violation of Sections 104 & 105 Florida Building Code — r , Permits &�. Inspections, of the Cape >Canaveral 'Code of Ordinances, (8911 N. Atlantic Ave.).— Virginia Eberwein, Property Owner. • 1' 1 �.� •F 3. r Case No. -03-157•— Violation of 'Section 70-69 Occupational License Required, Of the Cape Canaveral Code of Ordinance`s; (102 Columbia Dr. Unit' 104/105)'- Stanley Kammerude, Property.Owner. 4. Case No. 03-146. — Violation of 'Sections 104. & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (6890 N. Atlantic Ave.).— Yogi's Food & Beverage Inc., Property Owner. 5. Case No. 03-161 — Violation of Section 34-99 Landscape Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (8803 N. Atlantic Ave.) -James Cannon, Jr., Property Owner. '' Case No: 04-02 — Violation of Section 94-76 Temporary on -premise Signs,'' of the Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.)—'Lettye'Baggett, Property Owner. 1a-. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-9326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent(s) be given until April 22, 2004, to correct any violation(s) of the City Code on the Property; and 2. The Code Enforcement Board hereby reserves the right to take further necessary action, against the Respondent(s) to enforce this Order and correct any violation(s) on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of February, 2004. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell, Chairperson Copies furnished to: Respondent City of Cape Canaveral, Building Official I hereby certify theta true end correct copy 'of the"above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this 20th day of February, 2004. Joy Daine, Board Secretary Duree Alexander, Code Enforcement Officer x Code Enforcement Agenda February 19, 2004 Page 2 Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by.the Code Enforcement:Board'with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,. which record includes the testimony and evidence upon which the appeal'.is' to:"be based. ,notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does` it 'authorize challenges or appeals not otherwiseallowed by -law: The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may hot participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. Call to Order Roll CaII k City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE FEBRUARY 19, 2004 7:00 P.M. • Establishing Next Meeting Date: March 18, 2004 NEW BUSINESS: 4 . i 1. Approval of Meeting Minutes: January 22, 2004 PUBLIC HEARINGS: 5 .. 1. Case No. 03-41. Violation of Sections 104 It 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. • 2. Case No. 03-142' — Violation of Sections 104` & 105' Florida Building Code — 'Permits '& Inspections,` of the Cape Canaveral Code of Ordinances, (8911 N. - Atlantic Ave) — Virginia` Eberwein, Property Owner. 3. Case No. 03-157 — Violation of Section 70-69 Occupational License Required, of the Cape Canaveral Code' Of "Ordinances, .(102 Columbia Dr. Unit 104/105) — Stanley Kammerude, Property Owner, X , 4. Case No. 03-146 — Violation of Sections 104 & 105 Florida Building Code Permits & Inspections, of the Cape Canaveral Code of Ordinances, (6890 N. Atlantic Ave.) — Yogi's Food & Beverage Inc., Property Owner. 5 Case No. 03-161 — Violation of Section 34-99 Landscape Appearance and Maintenance,- of the Cape Canaveral Code of Ordinances, (8803 N. .Atlantic Ave.) —James Cannon; Jr., Property'Owner. 6. Case No. 04-02 — Violation of Section 94-76 Temporary on -premise Signs, of the Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.) Lettye Baggett, Property Owner. • 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA Case # 2003-00161 THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. JameilCannon, Jr. Owner(s) of the Property located at: 8803 N. Atlantic Avenue Jeffre"auer, Business Owner uaC tfrlNp«pt,tot.,sNt- Respondent(s). ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code 'Enforcement Board of the City of Cape Canaveral, Florida, on February 19, 2004, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law • Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent(s) were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation or violations of Section(s) 34-99 Landscape Appearance & Maintenance and 34-97 Duties & Responsibilities for Maintenance of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided reasonable time to correct said violation(s); 2. The Respondent(s) either failed or refused to correct such violation(s) within the reasonable time period provided in the Notice of Violation; that the Respondent(s) were provided notice of the hearing before the Code Enforcement Board and were not present at this hearing; 3. Respondent(s) have violated the City of Cape Canaveral Code of Ordinances, to wit: Landscape Appearance, Duties, and Responsibilities for Maintenance pursuant to Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 4. That said violation(s) exist(s), existed, or continue(s) to exist(s) within the City of Cape Canaveral and that such constitute(s) a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent(s) be given until March 18„2004, to correct any violation(s) of the City Code on the Property; and 2. If Respondent(s) fail(s) to correct the violation(s) within the time period set forth herein, a fine in the amount of Fifty Dollars ($ 50.00), (not to exceed Two Hundred Fifty Dollars ($250.00) per day), will be immediately entered without hearing and upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, per day until the violation(s) are corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent(s) shall be responsible to provide notice of such violation(s) being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent(s) fail(s) to correct any and all violation(S) on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent(s); 4. Any and all future recurrence(s) of any violation(s) addressed herein after same has/have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is/are found to exist. 5. Respondent(s) shall also be responsible for costs incurred by the City of Cape Canaveral, consistent with Section 162.09, Florida Statutes, for costs of enforcement and/or for reasonable repairs made to Respondent(s) property by the City of Cape Canaveral or its designee to correct any violation(s) that the Board deems a serious threat to the public "health, . safety and welfare. 6. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of February, 2004. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russell, Chairperson Copies furnished to: Respondent (s): James Cannon, Jr., Property Owner Jeffrey Sauer, Business Owner City, of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this 20th day of February, 2004. Joy Daine, Board SecretauV'' Duree Alexander, Code Enforcement Officer CRY Of CAPE CANAYEaAL CITY OF CAPE CANAVERAL CASE NO. 2003-00041 ROBERT KENNEDY ADDRESS: 7822 N ATLANTIC AVENUE LEGAL DESC: Avon by the sea lots 1 to 4 of block 25, Plat book 0003, Page 0007. PARCEL ID #: 24 -37 -23 -CG -00025.0-0001.00 VIOLATION OF SECTION(S): FLORIDA BUILDING CODE: 104 PERMITS & 105 INSPECTIONS The violation cited is for starting work without the required permits. Code Enforcement Officer: Duree Alexander CASE NO. 2003-00041 ROBERT KENNEDY Notification Summary Initial inspection: Notice(s) to respondent: Return Receipt: (2/10/03) by Jim Watson, Todd Morley (2/04/04) Notice Of Hearing (2/05/04) Burton Kennedy HISTORY: Notice of Violation 5/01/03 Original NOV Order To Appear 5/13/03 Order To Appear 6/12/03. Order To Appear 7/17/03 Motion To Continue/Table Case 7/18/03 Order To Appear 10/01/03 Motion To Continue/Table Case 10/28/03 Order To Appear 1/07/04 Tabled to 2/18/04 CASE NO. 2003-00041 ROBERT KENNEDY Case photo's by Jim Watson CASE NO. 2003-0004 ROBERT KENNEDY Case photo's by Jim Watson CASE NO. 2003-00041 ROBERT KENNEDY STAFF RECOMMENDATION: Based on the evidence and testimony presented at this hearing, staff respectfully requests that the Code Enforcement Board find: That the Respondent(s) in case number (2003-00041), (1) Robert B. Kennedy Sr., in violation of Section 104 Permits and 105 Inspections of the Florida Building Code as adopted by the City of Cape Canaveral Code of Ordinances, for work done without a permit. (2) The respondent come into compliance by April 22, 2004. CITY OF CAPE CANAVERAL CASE NO. 2003-00142 Virginia Eberwein, Trustee C/O Ronald D. Lindsey ADDRESS: 8911 N. ATLANTIC AVENUE LEGAL DESC.: Part of N % of NW 1/4 W of Old ST RD 401 AS DES IN ORB 904 PG 960 PAR 258.1 PARCEL ID #: 24-37-14-00-00251.2-0000.00 VIOLATION OF SECTION(S): FLORIDA BUILDING CODE: 104 PERMITS & 105 INSPECTIONS The violation cited is for starting work without the required permits. Code Enforcement Officer: Duree Alexander CASE NO. 2003-00142 Virginia Eberwein, Trustee C/O Ronald D. Lindsey Notification Summary Initial inspection: Notice(s) to respondent: Return Receipt: Notice of Hearing Return Receipt Called Respondent 10/28/03 Field Observation 11/05/03 Notice Of Hearing 11/07/03 02/05/04 02/06/04 Attempted to deliver by P.O. Notice was left 02/12/04 Spoke with Ron Lindsey CASE NO. 2003-00142 Virginia Eberwein, Trustee C/O Ronald D. Lindsey Case History 10/28/03 Field Inspection revealed work being done without permit, left a contact card on door. 11/04/03 Notice of Violation sent. 12/05/03 Ron Lindsey came into the Building Department and requested the Building Official inspect the site. Appointment was made for 12/12/03. 12/12/03 Site inspection by the Code Enforcement Officer (Bldg. Official unable to attend) Photo's taken. Met with Ron Lindsey and Wade Brice (owner of trailer). 12/29/03 Spoke with Wade Brice and explained that permits were required. 1/09/04 Todd Morley, Bldg. Official, Duree Alexander and Wade Brice met to discuss permitting process. Wade Brice stated he would submit permits the following week. CASE NO. 2003-00142 Virginia Eberwein, Trustee C/O Ronald D. Lindsey Photo's by Duree Alexander 10/31/03 CASE NO. 2003-00142 Virginia Eberwein, Trustee C/O Ronald D. Lindsey Photo's by Duree Alexander 12/12/03 CASE NO. 2003-00142 Virginia Eberwein, Trustee C/O Ronald D. Lindsey Photo's by Duree Alexander 12/12/03 CASE NO. 2003-00142 Virginia Eberwein, Trustee C/O Ronald D. Lindsey STAFF RECOMMENDATION: Based on the evidence and testimony presented at this hearing, staff respectfully requests that the Code Enforcement Board find: That the Respondent(s) in case number (2003-00142), (1) Virginia Eberwein, Trustee, be found in violation of Section 104 Permits and 105 Inspections of the Florida Building Code as adopted by the City of Cape Canaveral Code of Ordinances, for work done without a permit. (2) That the respondent come into compliance by March 18, 2004. (3) If the respondent does not comply with the Order, a fine in the amount of $50.00 will be imposed for each day the violation continues, or is repeated after the compliance date of March 18, 2004. CITY OF CAPE CANAVERAL CASE NO. 2003-000146 Edward A. Liguori, R. A. Yogi's Food & Beverage, Inc. ADDRESS: 6890 N. ATLANTIC AVENUE LEGAL DESC.: Avon by the Sea Lots 1 Thru 3, 10, Thru 12 Bik 73 plat Book 0003, Page 0007 PARCEL ID #: 24-37-14-00-00251.2-0000.00 VIOLATION OF SECTION(S): FLORIDA BUILDING CODE: 104 PERMITS & 105 INSPECTIONS The violation cited is for starting work without the required permits. • Code Enforcement Officer: Duree Alexander CASE NO. 2003-000146 Edward A. Liquori, R. A. Yogi's Food & Beverage, Inc. Notification Summary Initial inspection: 11/13/03 Field Observation Notice(s) to respondent: 11/18/03 Notice Of Hearing/Copy to Yogi Return Receipt: 11/21/03 Edward A Liquori, R.A. Notice of Hearing: Return Receipt: 01/09/04 01/30/04 Attempted to deliver by P.O. Notice unclaimed Notice of Hearing: 02/04/04 Hand Delivered to both parties Posted at City Hall CASE NO. 2003-000146 Edward A. Liguori, R. A. Yogi's Food & Beverage, Inc. Case History 11/13/03 Field Inspection revealed structure without permit. 11/18/03 Notice of Violation sent. Hand Delivery notice to Yogi Patel, explained structure needed permit. 02/12/04 Spoke with Yogi and Edward Liguori regarding structure needing permit. Edward Liguori informed me that he was applying to the Community Appearance Board for approval on 2/20/04. (next meeting 3/01/04 deadline for application is 2/20/04 12:00 pm) CASE NO. 2003-000146 Edward A. Liguori, R. A. Yogi's Food & Beverage, Inc. Photo's by Duree Alexander 11/18/03 CASE NO. 2003-000146 Edward A. Liquori, R. A. Yogi's Food & Beverage, Inc. STAFF RECOMMENDATION: Based on the evidence and testimony presented at this hearing, staff respectfully requests that the Code Enforcement Board find: That the Respondent(s) in case number (2003-00146), (1) Edward Liquori, in violation of Section 104 Permits and 105 Inspections of the Florida Building Code as adopted by the City of Cape Canaveral Code of Ordinances, for work being done without a permit. (2) The respondent come into compliance by April 22, 2004. (3) If the respondent does not comply with the Order, a fine of $50.00 be imposed for each day the violation continues, or is repeated after the compliance date of April 22, 2004. crn OF CAFE CAN.AYEaAE CITY OF CAPE CANAVERAL CASE NO. 2003-000161 James Cannon, Jr. ADDRESS: 8803 N. ATLANTIC AVENUE LEGAL DESC.: Teutons Subdivision Part of Lot A as DES in DB 403 PG 388 Plat Book 00001 Page 0022 PARCEL ID #: 24-37-14-28-00000.0-000A.07 VIOLATION OF SECTION(S): Section 34-99 (2) Landscape Appearance and Maintenance Section 34-97 (1) (a) Duties and Responsibilities for Maintenance In violation of large amount of dead or deteriorated plant material, which has not been removed from the property. Code requires the property be maintained free of brush, weeds, stumps, roots, and accumulations of such. Code Enforcement Officer: Duree Alexander CASE NO. 2003-000161 James Cannon, Jr. Notification Summary Initial inspection: 12/01/03 Written Complaint Courtesy Request: 12/15/03 Notice(s) to respondent: 01/14/04 Copy to Jeffrey Sauer Business owner Return Receipt: 01/17/04 Notice of Hearing 02/04/04 Return Receipt 02/05/04 CASE NO. 2003-000161 James Cannon, Jr. Case History 12/01/03 Received written complaint regarding vegetation. Field inspection revealed large pile of vegetation. Spoke with business owner Jeffrey Sauer, will remove vegetation with a wood chipper. 01/13/04 Site Inspection revealed vegetation has not been removed. 01/14/04 Notice of Violation sent to property owner and business owner. 02/17/04 Site inspection revealed vegetation partially removed CASE NO. 2003-000161 James Cannon, Jr. Photo's by Duree Alexander 12/01/04 CASE NO. 2003-000161 James Cannon, Jr. Photo's by Duree Alexander 2/18/04 CASE NO. 2003-000161 James Cannon, Jr. STAFF RECOMMENDATION: Based on the evidence and testimony presented at this hearing, staff respectfully requests that the Code Enforcement Board find: That the Respondent(s) in case number (2003-00161), (1) James Cannon, in violation of Section 34-99 (2) Landscape Appearance and Maintenance & Section 34-97 (1) (a) Duties and Responsibilities for Maintenance. (2) The respondent come into compliance by a March 18, 2004. (3) If the respondent does not comply with the Order, a fine of $50.00 be imposed for each day the violation continues, or is repeated after the compliance date of March 18, 2004. Charles Biederman ✓ Walter Godfrey;/ Vice Chair James Hale Karen Hartley✓ Lars Holfve 1st Alt. Chair Craig Stewart ,� CITY OF CAPECANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 18, 2004 7:00 PM A Regular Meeting of the Codeenforcement Board of the City of Cape Canaveral, Florida was held on March 18, 2004, n the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. n MaGhatri)ersusseff-called the meeting to order at 7:00 PM. he Board Secretary called the roll. MEMBERS PRESENT Walter Godfrey Vice Chairperson Charles Biederman Alice Filteau 2nd Altemate James Hale Karen Hartley Lars Holfve 1 Alternate Craig Stewart MEMBERS ABSENT Mary Russell Jeffrey Ratliff OTHERS PRESENT Duree Alexander Jeff Buak Joy Daine Chairperson Code Enforcement Officer Assistant City Attorney Board Secretary The Board members established that the next meeting would be held on April 22, 2004. Assistant City Attorney Buak swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: February 19, 2004. Motion by Mr. Biederman, seconded by Mr. Hale to approve the meeting minutes of February 19, 2004. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 18, 2004 Page 2 ¢OMPLIANCE HEARINGS: 1. Case No. 03-128 — Violation of Section 110-334, Special Exceptions, of the Cape Canaveral Code of Ordinances, (8705 N. Atlantic Ave.) — Howard & Betty Gould, Trustees. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and respectfully requested the Board postpone the Case to a date certain of April 22, 2004. Motion by Mr. Stewart, seconded by Mr. Hale-_topostpone the Case to a date certain of pril 22, 2004. Vote on -the motion carried unanimously. 2. Case No. 03-142 —.Violation , of Sections 104 & 105 Florida—Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (8911, N. Atlantic Ave.) — Virginia Eberwein, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. 3. Case No. 03-161 — Violation of Section 34-99 Landscape Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (8803 N. Atlantic Ave.) —James Cannon, Jr., Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that a site inspection on. March 17, 2004, revealed the vegetation has not been removed as ordered by the Board on February 19, 2004. Office Alexander, on behalf of the City, respectfully requested that the Board impose a fine in the amount of fifty dollars ($50.00) for each day theyiolation continues. Motion by Mr. Stewart, seconded by Mr. Hale to find James Cannon, property owner, in violation of Section 34-99 (2) Landscape Appearance & Maintenance and Section 34-97 (1) Duties & Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances and Order a fine in the amount of fifty dollars ($50.00) per day shall be imposed beginning today (March 18, 2004). Discussion followed. Vote on the motion carried unanimously., PUBLIC HEARINGS: 1. Case No. 03-074 — Violation of Sections 104 & 105 Florida Building . Code — Permits & Inspections, Adopted by the Cape Canaveral Code of Ordinances Sec 82-31, (7605 Ridgewood Ave. Apt 16) — James Sicuno, Registered Agent. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Code Enforcement Board Meeting Minutes March 18, 2004 Page 3 Officer Alexander, on behalf of the City, respectfully requested that the Board Order the Respondent come into compliance by April 22, 2004. Motion by Mr. Stewart, seconded by Mr. Hale that the respondent be given until April 22, 2004 to come into compliance by obtaining the required permits. / 2. Case No. 04-006 — Violation of Chapter 34, Sections 98(4) Florida Building Code — Building Appearance and Maintenance, Adopted by the Cape Canaveral Code of Ordinances Sec 82-31, (615 Monroe Ave) — Paul Wubbena, Propertv Owner. Code Enforcement Officer; Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that windows have been install with out a permit and the Respondent is working with the City to obtain the required permit. Officer Alexander, on behalf of the City, respectfully requested that the Respondent be given until April 22, 2004 to come into compliance. Motion by Mr. Holfve, seconded by Mr. Stewart that the respondent be given until April 22, 2004 to come into compliance by obtaining the required permits. Vote on the motion carried unanimously. 3. Case No. 04-013 — Violation of Sections 94-3, Permit Required. of the Cape Canaveral Code of Ordinances, (6099 N. Atlantic Ave.) — Charles Pindziakt Property Owner. (Vincent Keenan, New Property Owner). Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that the sign has been erected with out a permit and the Respondent is scheduled to appear before the Community Appearance Board on April 5, 2004. Officer Alexander, on behalf of the City, respectfully requested that the Respondent be given until April 22, 2004 to come into compliance. Motion by Mr. Holfve, seconded by Mr. Stewart that the respondent be given until April 22, 2004 to come into compliance by obtaining the required permits. Discussion followed. Vote on the motion carried unanimously. 4. Case No. 04018 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, Adopted by the Cape Canaveral Code of Ordinances Sec 82-31, (8001 Orange Ave.) — John Graham, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. CITY OF CAPE CANAVERAL BUILDING PERMIT APPLICATION City of Cape Canaveral Building Department 105 Polk Ave. Cape Canaveral, FL 32920 Date: (321) 868-1222 Permit # (You may download,this application:,www.myflorida.com/cape. •;You.,may,.fax-to: (321) 868-1247. Important: A'checklisfis provided'onthe back of this form. Complete the checklist and provide other documentation as indicated on the checklist. A copy;of contract;may be required. ,;Application packages will not be accepted unless complete. CONTRACTOR WILL-BE,CALLED WHEN,PER_ MIT IS READY = "� (Contractor/Owner; Builder is required to;sign for the building permit;"unless indicated otherwise by affidavit. I.D. may be required) Address of Job Site: Legal description of property- TWN:. • ,�. 1tNG:= r • '.+,,; a ; ' ''Bx LOT: i t �SEC: � � � SUBD: f . •� t :. f+� :. .. Name of Property, Owner: ,r. . -. , . ae 9Property owner phonnumber: Address of Property Owner: Community Appearance Board approval date: r ..-. 0... -Site Plan approval date: .ai Typeof Permit PB: PG: { ;•(% l l ,y: ...l, � } t: �a —"^( }� e! tisn• k's r-�'y t P''.: �_. .� Brief description of work: Building a• Electrical(' '' Plumbing' Mechanical 6.: Other t, • Type,of Building Commercial Square -j, Feet Const.: Type -1# of Ey: I, # of dwelling units # of:' bedrooms of: bathrooms FLi ti i .:;;'1 ,..1 •.77 J7. 7.,. Total )a1uatjth of work SFR Townhouse' Apartment ,., C.) u.. .0 }r he r •. 1. :t,7 r, . tt. Condominium Other ' 1 .°I .'".t • $ .$ $ • Architect/Engineer Name: Address: ,, i • Name of Com anv• y State License No.: 'I Phone (office): Phone (cell/pager.): Primary Contractor Name: • 4.. =. _ ,; :: ;, �; t siY tNaine of Company Address: ` - e1 ,�. . 'Rhone (ofce):s_;.i•"' , ,''.-Phone (cell/pager:) Fax: State License No.: Electrical Contractor Name: 1.5-4:1'', •••• it' :, t, :�.., .. Fax: State License No:: ' I' k= "Phone(office . Name of company: Plumbing Contractor,Name: t ;� : !' ►' Address: ,,:.L°�t c �s.4 ti + r T, State License No.: Phone (office): Mechanical Contractor Name: Name of Company: Phone (cell/pager.): Fax: Name of Company t': . {'f e t, a;t 7 - Phone (cell/pager.): Fax: Address: State License No r` - '" Phone (office Specialty Contractor_Naine:` Address: State/Local License No.: Phone (cell/pager.): Fax: Name of Company: P Y: G:\BIdg.Dept.Forms\BP APPLICATION Phone (office): Phone (cell/pager.): Fax: Code Enforcement Board Meeting Minutes March 18, 2004 Page 4 ADJOURNMENT: There being no further business the meeting adjourned at 7:37 P.M. Approved on this day of , 2004. Meay-Ruseell, Chairperson I:7a17er CEJ re,..e, v Joy Daine, Board Secretary CITY OF CAPE CANAVERAL BUILDING PERMIT APPLICATION City of Cape Canaveral Building Department 105 Polk Ave. Cape Canaveral, FL 32920 (321) 868-1222 Date: (You may download this application: www.myflorida.com/cape. You may fax to: (321) 868-124 Permit # Important: A checklist is provided on the back of this form: Complete the checklist and provide other documentation as indicated on the checklist. A copy of contract may be required. Application packages will not be accepted unless complete. CONTRACTOR WILL BE CALLED WHEN PERMIT IS READY. (Contractor/Owner-Builder is required to sign for the building permit, unless indicated otherwise by affidavit. I.D. may be required) Address of Job Site: Name of Property Owner: Legal description of property: TWN: RNG: SEC: SUBD: Bix: LOT: PB: PG: Address of Property Owner: Community Appearance Board approval date: Site Plan approval date: Property owner phone number: Type of Permit Building Brief description of work: Electrical Plumbing Mechanical Other Type of Building . Commercial SFR Townhouse Apartment Square Feet Const. Type # of stories # of dwelling units # of bedrooms # of • bathrooms Total valuation of work $ $ Condominium Other $ Architect/EngineerName: Address: $ $ Name of Company: State License No.: Phone (office): Phone (cell/pager.): Primary Contractor Name: Name of Company: P Y: Fax: Address: State License No.: Phone (office): Phone (celVpager.) Fax: Electrical Contractor Name: - Name of Com an Address: P Y State License No. Phone (off•ice):.,. •-. Phone (cell/pager.): Fax: Plumbing Contractor Name: Name of Company: P Y: ,_ .. 4 - Address: . ,f State License No.: Phone (office): Mechanical Contractor Name: Name of Company: P Y: Phone (cell/pager.): Fax: Address: ` State License No.: ` ` -` • ' Phone (office): Phone (cell/pager.): Fax: Specialty Contractor:Naine: • `"i t Name of Company: P Y: Address: State/Local License No.: Phone (office): Phone (cell/pager.) Fax: G:1BIdg.Dept.Forins\BP APPLICATION 02 rilqcqkt Call to Order Roll Call City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE MARCH 18, 2004 7:00 P.M. Establishing Next Meeting Date: April 22, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: February 19, 2004 COMPLIANCE HEARINGS: 1. Case No. 03-128 — Violation of Section 110-334, Special Exceptions, of the Cape Canaveral Code of Ordinances, (8705 N. Atlantic Ave.) — Howard & Betty Gould, Trustees. Case No. 03-142 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, (8911 N. Atlantic Ave.) — Virginia Eberwein, Property Owner. Case No. 03-161 — Violation of Section 34-99 Landscape Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (8803 N. Atlantic Ave.) —James Cannon, Jr., Property Owner. PUBLIC HEARINGS: 1. Case No. 03-074 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, Adopted by the Cape Canaveral Code of Ordinances Sec 82-31, (7605 Ridgewood Ave. Apt 16) — James Sicuno, Registered Agent. Case No. 04-006 — Violation of Chapter 34, Sections 98(4) Florida Building Code — Building Appearance and Maintenance, Adopted by the Cape Canaveral Code of Ordinances Sec 82-31, (615 Monroe Ave) — Paul Wubbena, Property Owner. Case No. 04-013 — Violation of Sections 94-3, Permit Required, of the Cape Canaveral Code of Ordinances, (6099 N. Atlantic Ave.) — Charles Pindziak, Property Owner. (Vincent Keenan, New Property Owner) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 www.mvllorida.com/cane • e-mail: ccanec_anaverik cfl.rr.com Code Enforcement Agenda March 18, 2004 Page 2 Case No. 04-018 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, Adopted by the Cape Canaveral Code of Ordinances Sec .82-31, (8001 Orange Ave.) — John Graham, Property Owner. Pursuant to Section 286.0105, F.S:, the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. rnr�U 410-7, Ue� 3-e -? ek 37,2- /03 ,e)e6t l� �o Poo --71/1 P�� _.� ---r- ,50, cj rPoJnct .nam ��Cr,��I,a r / gdr r • x �.� y a1.r• �__ti 4 } } Duree Alexander Code Enforcement Officer 105 Polk Ave. P.O. Box 326 Cape Canaveral,FL 32920-0326 Karl A. Gomer PSC 1012 Box 182 FPO AA 34058 (242)-368-2188 ext.4319(w) or 6162(h) • fax: ext.4758 August 22,2003 Dear Duree Attached is a copy of the code violation(#2003-00074) that I received from your office. My brother signed for the certified letter(dated 08/07/03) prior to my arrival on 08/19/03. I talked with Mr Worley(08/19/03) and he extended the permit application 2 weeks. My window contractor is Glass City of Titusville (321-383-8953) and point of contact is Bill Hill. He has assured me that he is working to get the application submitted in short order. Due to financial and liability concerns, I must pursue this matter further with Ridgewood Condo Association board members, who are not in the area at this time. Mr Sicuno, the association president, may be in the area by mid September. Hopefully, a decision will be made concerning a general contractor getting involved to proceed with the required corrective actions. I will be returning to Cape Canaveral September 12 and will be in touch with your office. If there are any more discrepancies or delays concerning this matter, please feel free to get in touch with me anytime. Communcations is inadequate(Bahamas Telephone Company) at my location, so faxes & phone calls may require several attempts. You may email me at either k,_gomer@hotmail.com or gomerkwpb nuwc navy mil. cc: James Sicuno Sincerely, Karl A. Gomer BROWN, SALZMAN, WEISS, & GARGANESE, P.A. Debra S. Babb-Nutcher Senior Attorney Two Landmark Center P.O. Box 2873 225 East Robinson St., Suite 660 Orlando, FL 32802-2873 (407) 425-9566 to (407) 595-3956 .,u (407) 425-9596 fax dbabbOodandolaw.net mina www.orlandolaw.n et web Charles Biederman -AIiee-FiTfeau �N'(a terGodfrey- James Hale Karen Hartley, Lars Holfve.• Jeffrey Ratliff. Mary Russell.. Craig Stewart • • 2nd Alt Vice Chairperson 1st Alt Chairperson CaII to Order Roll Call City of Cape AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE APRIL 22, 2004 7:00 P.M. Establishing Next Meeting Date: May 20, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: March 18, 2004 COMPLIANCE HEARINGS: 1. Case No. 03-41 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections of the Cape Canaveral Code of Ordinances, (7822 N. Atlantic Ave) - Robert Kennedy, Property Owner. Oor,gieric . 2. Case No. 03-074 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, Adopted by the Cape Canaveral Code of Ordinances Sec 82-31, (7605 Ridgewood Ave. Apt 16) — James Sicuno, Registered Agent campi,44 cP 3. Case No. 03-128 — Violation of Section 110:334, Special Exceptions, of the Cape Canaveral Code of Ordinances, (8705 N. Atlantic Ave.) — Howard & Betty Gould, Trustees. 4. Case No. 03-146 — Violation of Sections 104 & 105 Florida Building Code — Permits & Inspections, of the Cape Canaveral Code of Ordinances, Cr9 (6890 Atlantic Ave.) — Yogi's Food & Beverage Inc., Property Owner ' 5. Case No. 04-006 — Violation of Chapter 34, Sections 98(4) Florida Building Code — Building Appearance and Maintenance, Adopted by the Cape Canaveral Code of Ordinances Sec 82-31, (615 Monroe Ave) —,Eaul Wubbena, Property Owner. COM P/reit 6. Case No. 04-013 — Violation of Sections 94-3, Permit Required, of the Cape Canaveral Code of Ordinances, (6099 N. Atlantic, Ave.) — Charles Pindziak, Property Owner. (Vincent Keenan, New Property Owner) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Code Enforcement Agenda April 22, 200'1 Page 2 PUBLIC HEARINGS: 1. Case No. 04-022 — Violation of Section 110-470, Fences, walls, & hedges, of the Cape Canaveral Code of 9r tnances, (201 Tyler Ave.) — Sandra Boyd, Trustee. e4--&1 is/c- �v Cale_ REPORTS: 1. 1St Quarter Report 2. City of Cape Canaveral vs. Trent S. Milliken Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the'City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 114.0-61,-f Q0e1--( N"_. . .-t? ;/'7, ��-- J 5-er i 14 Le_ (- Q. a 03- tom' L (,,,e --z.- _C -J4-4;./ , _ ,1/zlacif -6. --K Lit f- 7 PA* -4-4(6 lie , ,—I 1 o� t ,ed, --r- Go 7(0 Qc -- ier* d - J a-�--- dt �y ,� ISt ��, i.' :‘ `•�, ti \l Charles Biederman ." Alice Filteau -' 2nd Alt Walter Godfrey,/ Vice Chairperson James Hale./ -Karen-Hartley- Lars Holfve 1st Alt Jeffrey Ratliff 'r Mary Russell,' Chairperson Graig -Stewart- • • • c it City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JUNE 17, 2004 7:00 P.M. Call to Order Roll Call Establishing Next Meeting Date: July 22, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: April 22, 2004 COMPLIANCE HEARINGS: 1. Case No. 03-128 – Violation of Section 110-334, Special Exceptions, of the Cape Canaveral Code of Ordinances, (8705 N. Atlantic Ave.) – Howard & Betty Gould, Trustees. Tr, PUBLIC HEARINGS: 1. Case No. 04-024 – Violation of the National Electrical Code Section(s) 400.8 Uses not permitted, 410.12 Outlet box cover, 408.2 Circuit directory, 400.14 Protection from damage, 110.12 (a) Unused openings, 240.24 (b) Occupancy, 300.4 (b)(1) Nonmetallic sheathed cable, 314.17 (a -d) Conductors entering boxes, conduit bodies or fittings, 334.15 Protection from physical damage; Violation of the Florida Building Code Section(s) 308.5 Interval of support, 501.4 Location, 104.1 Permits required, 105 Inspections, of the Cape Canaveral Code ' of Ordinances, (405 Tyler Ave.) – Charles Allen Hinkley, Trustee. 61(e/"`( 2. Case No. 04-039 – Violation of Section 78-121 & 128, Impact fees & Change of use, of the Cape Canaveral Code of Ordinances, (7410 N. Atlantic Ave.) – Ronald McDevitt, Property Owner. Ybc:e_kt- 3. Case No. 04-042 – Violation of Section 104 & 105 Florida Building Code – Permits & Inspections, of the Cape Canaveral Code of Ordinances, (306 Lindsey Court.) – Ronald Scott, Property Owner. -/ bct ,1cc aa – 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 www myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com s: Code Enforcement Agenda June 17, 2004 Page 2 , 4. Case No. 04-044 — Violation of Section(s) 110-523, Home Occupational License required, 70-71 Engaging in business without paying tax, 70-72, Evidence of engaging in business, of the Cape Canaveral Code of Ordinances, (336 Seaport Blvd.) — Bernard Kerns, Property Owner. 5. Case No. 04-059 — Violation of Section 110-334 Special Exceptions, of the Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.), JWL, LLC, Property Owner. Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings; and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. JJCc_ — "-Lir (../ 1/1•,-r\ re:) , C rto- v>\ ' `-a' ' giPr c1 epe.,,,,i,--r 1 (14,(--C.- 4 - = - g6Ii r'-1(w : f.0 Oji 1, ,- .• . D'( 03Q ®(i-. 0 414 33C v Per'r 6 dam° . advc�7y mens & 7 l :6 , -6 5-6 -e-c. "a, cid i-f-er-r Gy 76 //sic --( Gcaxr- 9-6..'-'1 a- /�s�`ce \ : Q� ) �ll i 11 /lo �- � , a vtpQ pta>; .e.y : °i..d i n 1)012-7"25-,-). 1 10 6-�� ..'- 7 I TA ! f-1 orrn -,_)4,.-( .7--,, , Dc,--ea oZJ-J 4c 6 , ,G? ri1 ; . 70 -2de, rierta IM--J ih -a 0br!-- 7"1-z*,-----b - -7( /Ly V/cafe" C �_,%ff r —C r /''- ( N- � v n .S 1-‘0.-,-c_ C_c=_ l.c . lizen--i,j,ef e ffo, cars 01.'le( 15SU-� L)fl / ei^-.-N-E,_--, 1'e--c--Q.__ P 6 (- ( goro Jc . ( n t 7,----r OCL ,,,,, _ /a C,5 i /vic Z r1 i r c•; q [ •� G •" - - - - .ian. •raltJ • I 4.) cpbA_e___ ciern (\,z,f,--T it-e.,:e- (", -7f (`).dr-4 12 %z4- 6oc4 . /Dr j � GAGS irb,* -* a 4- 0 , 110 -.3.3t-( . . . Ni , -05y cct::3-e--,.1- /-—ea--ebi---y ... . . „. . 6----fe<6---e fio--ea , ,. i.. . _ . . .. NorrL U0- : ,7 p,,iwiTe.acc_ occ, Z,Ga, . -,. /I ._.. _. • -Zgc ,‘1 g4ZW-etr---S- CY. (-i flo-e Gec..75,k7 i r s-,...._-_'-c-e- j .. (filere-0 , 00,-,---t.:-, c_..).5 , _ -. - -, -1- • -V' , _. ;-.,„ Z._\ .4 • ,. . . , . . . . . . !:?<_.... 6PC),./fla. S.C.)- . .. I,.. ,. . '-3J-- nO ?"..cdo (..101.c<l___ 17‘,0 (0-4-c ,gt,....0 •-6 _I:.'4- ---mt t)176(a-7.4 di -,-4.€:, effet /---- Gre_ 0.03te( Oc-\ ------tie C. e C ci . 0-0"----- ',---(1 C22 -Lie 1 ,_6,, ,b c( Qe 0 LT rr-fs AY- - c )-' 1,25-r -,.- cczsi'.7,-- _ . . , . . , , ., . \ - -› .__ , 1 . • . . . _ , • f % "\...., ,. . ,. ' . --, - .., -,)-',.r)--i- i';'', •.-- __ . - . .. . -,- , .., _. . ,67 `\c Cif 7r 7 : 4/ &41 6 7444./4, C fit{ -cls rcra 2000- cook, Cm-ttatr a" MAY 20, 2004 THIS IS A RESPONSE TO A LETTER TO US ABOUT A HOME OCCUPATION. WE DO NOT ENGAGE IN CATERING !N OUR HOME,_BUT DO COOK AT CLIENT'S REQUEST ON THEIR PREMISES. 336 SEAPORT BLV. IS ONLY OUR MAILING ADDRESS. MOST JOBS ARE PICNIC RELATED, AND WE HAVE ABOUT ONE JOB PER MONTH. IF A ROAST NEEDS TO BE PREPARED AHEAD, WE WERE GIVEN PERMISSION TO COOK AT THE LOCAL VFW. WE.PAY SALES TAX TO THE STATE, BUT WERE UNAWARE THAT WE NEEDED TO REGISTER FOR A FICTITIOUS NAME LICENSE. WE HAVE SINCE APPLIED FOR A FICTITIOUS NAME LICENSE AND A COPY OF IT IS ATTACHED. TO AVOID ANY OTHER CONFUSION, WE CONTACTED THE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION AND SPOKE TO RHETT SCHULER. HE MADE ARRANGEMENTS FOR US TO MEET IN ORLANDO WITH DANIEL R: O'NELL, SANITATION AND SAFETY SUPERVISOR. AT OUR MEETING, MR. O'NELL GAVE US THE OPTION OF CONTINUING TO WORK OUT OF THE VFW OR CONTACTING ANOTHER LICENSED BUSINESS TO WORK UNDER THEIR LICENSE. WE HAVE CONTACTED A BUSINESS IN COCOA BEACH AND ARE CONSIDERING THAT OPTION. WE HAVE NO JOBS SCHEDULED IN MAY, BUT HAVE BEEN ASKED TO DO ONE PICNIC IN JUNE OUTSIDE OF CAPE CANAVERAL FOLLOWING FURTHER DISCUSSIONS WITH THE STATE OF FLORIDA, WE WILL ADVISE YOU OF THE OPTION WE WILL TAKE TO FULFILL ALL LEGAL OBLIGATIONS. CONNIEANN KERNS 321-700-4904 ricict-4904 i t r a Y , r 44. N / y} 9 ; rF � i p�f\"2'4�' "i�' # �,r BR .�It • +Lj'�` r �.� ...._.,_.�. �'•.r rEF �.. .L �...z.riN�_�.a .�.�..fa -.. ,,_ ...�.+...�,m'.kv't.�...,.._. .�'2�Uu.S.S'!:�'-iLl .R :at. ,_5:..-._ww.t ._ ���C�� ■ SCOOTER RENTALS 4 7994881 ., ,�- -� �._.. _. .,,i ,t,, ;, %�� -let& r. r. t �S(O�f[R RfN►AtS I '.. cage caro e'd 799-48841 I a �I I+ s illy, n j All r� i I � wzga-mststo I --fetttriia wa �.r u P994884 QryY mm"w - 6t&f-w 0AN-0M1 t IL � 7 g r �.. .H`s � t x t ,ta a! i s. n .r.�t _ c e , e L cr. r s_ � ' �; ; — .: . _F .,- _ _ _ .,.. • `J r - • `J flEA(H5IDE Call to Order Roll Call City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE JULY 22, 2004 7:00 P.M. Establishing Next Meeting Date: August 19, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: June 17, 2004 COMPLIANCE HEARINGS: y Case No. 04-044 - Violation of Section(s) 110-523, Home Occupational License required, 70-71 Engaging in business without paying tax, 70-72, Evidence of engaging in business, of the Cape Canaveral Code of Ordinances, (336 Seaport _ Blvd.) - Bernard Kerns, Property Owner. (Postpone from June meeting.) �+ ,M.PI pan PUBLIC HEARINGS: -„Y Case No. 04-039 - Violation of Section 78-121 & 128, Impact fees & Change of use, of the Cape Canaveral Code of Ordinances, (7410 N. Atlantic Ave.) - Ronald McDevitt, Property Owner. (Postpone from June meeting.) sr, CoriPis4'ca' 2. Cas No. 04- 42 - Viola on of Section 04 & 105 Florid Building de - Per its & In pections, f the Cape Ca averal Code of rdinance , (306 Lindsey C rt.) - R nald Scott Property Own r. (Postpone fr m June m eting.) — - Case No. 04-066 - Violation of Section 70-71, Engaging in business without paying tax, of the Cape Canaveral Code of Ordinances, (8010 N. Atlantic Ave.) - Edwin Mills, Business Owner. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 www. myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Charles Biederman f Alice Filteau Walter Godfrey James Hale Karen Hartley Lars Holfve Jeffrey Ratliff Mary Russell Craig Stewart 2nd Alt Vice Chairperson 1st Alt Chairperson Code Enforcement Agenda July 22, 2004 Page 2 Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING' 111 POLK AVENUE AUGUST 19, 2004 7:00 P.M. CaII to Order Roll Cali Establishing Next Meeting Date: September 23, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: June 17, 2004 COMPLIANCE HEARINGS: • 1. Case No. 04-044 — Violation of Section(s) 110-523, Home Occupational License required, 70-71 Engaging in business without paying tax, 70-72, Evidence of engaging in business, of the Cape Canaveral Code of Ordinances, (336 Seaport Blvd.) — Bernard Kerns, Property Owner. (Postpone from June meeting.) Cor -tai 4/1 PUBLIC HEARINGS: 1. Case. No. 04-039 — Violation of Section 78-121 & 128, Impact fees & Change of use, of the Cape Canaveral Code of Ordinances, (7410 N. Atlantic Ave.) — Ronald McDevitt, Property Owner. (Postpone from June meeting.) COP-IPtiii C 2. Case No. 04-066 — Violation of Section 70-71, Engaging in business without paying tax, of the Cape Canaveral Code' of Ordinances, (8010 N. Atlantic Ave.) — Edwin Mills, Business Owner. CvM 2 t 4� c;c� 3. Case No. 04-068 — Violation of Section 104-105 105 Florida Building Code — Permits & Inspections & Section110-469 Visibility at intersections, of the Cape Canaveral Code of Ordinances, (1000 Sherwood Ave.) — Cape Caribe, Inc., c/o John McGee, Property Owner. eos-rPo,'t 4. Case No. 04-71 — Violation of Section 70-69, License required; payment of tax prerequisite t� issuance, of the Cape Canaveral Code of Ordinances, (7980 N. Atlantic Ave.) — Communication Concepts, Inc., c/o Richard Stottler, Jr., Business Owner. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Code Enforcement Agenda August 19, 2004 Page 2 5. Case No. 04-79 — Violation of Section 70-71, Engaging in business without paying tax or making reports, of the Cape Canaveral Code of Ordinances, (102 Columbia Drive, Suite 102) — Heidi Mott Sales. Inc., Property Owner. REPORTS: 1. Roberts Rules of Procedure Letter from the City Attorney. 2. Quarterly Report. Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may ° need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. S eG J -6- 11 /77cfI4'`%, % -.A... r .,t 61 -GL. -c-! > i ` CG„ (71.a,-z5vl -Et”; Alf, cots— ''A- - ` 444 1'1/(... ,R -r`(0,-// c`n�SL .. - GK -�e__?" cs cL -f 16 ® ‘--(-11' Z4( 0 4vc, - e r`—K7 e --e 4C l j►.— DLl-'71• ©eC L►cL-r)S& L.e.A.3 QoLz,.- .eli, - Si 3 al/ C -C C G� e.2,S-c_, C6():1( CC7�-GGG'\ / Ca, -)4 Cence4aCF I i cq G l Cb,i<.b+.25;.f 00c _ei (77--I (,i. e - -&•,46 2 ),r s . 70-72 g-'6' O--- e -ic( .,� c', f. , ,. Tege, , Of_ -)r ' f -�,c_D s 9- �� a co -- SJJ q ilait-P--- .e- is -n e.:1-4� b . 1---/zGd5 ,/ ro'J's '_ i ` tce, C% , EL)0( C.) -P rzq-',5 : _ _SA 1 47--eP/ig-r,:v- /ki,•ve-- c 5qr%/u.c, 7-�¢l 15s4.5 -e, p epe6- ___ 7rc '1 A -e -y -e -ri /-1 va-zG f Pvr----__ 1 9"( iga At- d v- r 42-c Gam,-e2,4i '. '~ - ' ' ' - / . 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' _ - - - , - - - -.. ^^ - ' ' 6 Adult - Advertising To Use TALKING PHONE BOOK® Dial 633-4440 & Acct i1 Adult Care Facilities) A FIRST CLASS ADULT FAMILY CARE FACILITY For The Personalized Care Your Loved One Needs • Licensed Certified Care Givers 3717 Chiara Dr Titusville 264-6351 Adult Day Care Centrs See Day Care Centers - Adult (vertising - Aerial AIR WORDS 900 Airport Rd Mrtt Isl 32952 SKY ADS 1705 Vega Av Mitt Isl 32953 COUPON CONNECTION 1750 Croton Rd Melbrn 253-8500 ENDEAVOUR PROMOTIONS INC. Complete Direct Mail Advertising For Less Than The Cost Of A Stamp Custom Artwork • Offset Printing • Mail List Complete Mail Service / Postage www.endeavourpromotionscom 3815 N Hwy 1 Cocoa 639-7115 FLORIDA'S FAVORITE COUPON BOOK INC Melbrn 242-0966 FLORIDA'S FAVORITE COUPON BOOK INC 454-4341 504 N Wickham Rd Melbrn 32935 259-4300 SAVINGS SAFARI INC 459-0515 3475 Highway 1 N Cocoa 32926 633-3060 Advertising Agencies AD ONE PRODUCTIONS 1370 Sarno Rd Melbrn 32935 752-9181 ALLSTAR CORPORATE MEDIA 131 Tomahawk Dr Indn Hrbr Bch 32937 777-7320 BRANDT RONAT & COMPANY 1590 Highland Av 259-0024 BURKETT ADVERTISING ASSOCIATES 253-3751 E—MARKETING TECHNOLOGY INC 2955 Pineda Cswy Melbrn 32940 254-6012 GARDNER ROBERTS 520 Bay Cir Indn Hrbr Bch 32937 773-7922 GLAD TIDINGS 545 Patrick Av Mrtt Is] 32953 452-4894 GROARK ADVERTISING & DESIGN 777-7171 L LA COMMUNICATIONS 868-0028 MEMCO MEDIA 2155 Dumas St Mrtt Isl 32952 453-0572 MTN ADVERTISING 1355 South Patrick Dr Stlt Bch 32937 MARKETING & COMMUNICATIONS CONSULTING INC 1013 Indian River Ave Titusvl 32780 -MEDIA INK 7980 N Atlantic Av Cape Canvrl 32920 SHEA—KING COMMUNICATIONS Cape Canvrl SIGN MAN INC 4580 N Harbor City Blvd Melbrn 32935 SPACE COAST ADVERTISING 3525 Palmer Dr Titusvl 32780 268-1023 SPECIALTY ADVERTISING 777-3990 TEN SPOT DESIGN STUDIO INC Brvrd Co 631-6466 THE MILLENNIUM GROUP OF FLORIDA 1020 W Eau Gallie Blvd 254-3233 321 MEDIA GROUP 7980 N Atlantic Av • Cape Canvrl 32920 783-3360 TRANSWORLD ADVERTISING INC 145 N Grove St Mrtt Isi 32953 454-7374 WOLF JESSEE PAQUIN COMMUNICATIONS 1970 Michigan Av Cocoa 32922 633-7576 Advertising Art & Designing Svce Advertising - Directory - Publishers & Publishers' Reps BELLSOUTH THE REAL YELLOW PAGES Toll Free Dial '1' & Then (877)573-2597 TALKING PHONE BOOK THE 3450 Highway 1 S Rckldge 32955 633-4440 THE TALKING PHONE BOOK www.taikingp'hanebook.com infoC>talkingphonebaok.cam - SEE OUR AD PREVIOUS PAGE - 4450 West Eau Gallie Blvd Suite 160 Melbrn 32934 757-9600 Tall Free Dial '1' & Then .... (888)693-9167 Talking Information Lines 633-4440 WHITE DIRECTORY OF FLORIDA 4550 W Eau Gallie Blvd 757-9600 Advertising Display Designers tLVQON 2±P 779-1010 See Display Designers Advertising Give-Aways & Specialties See Advertising Specialties, Gifts, Etc 383-7866 Advertising - Guide See Advertising - Directory - Publishers & 868-4847 Publishers' Reps; Publishers - Directory & Guide Advertising - Internet 783-5787 See Internet Services Advertising - Magazine, Etc 259-1703 See Publishers - Periodical . See Advertising Agencies; Artists - Commercial; Graphic Designers Advertising - Direct Mail Svce ADDRESS N' MAIL . 1515—A Elizabeth St Melbrn 32901... 729-6245 CONTINUED NEXT COLUMN Request Liao: 6321483 wIrq.c G N1 NewsTalk \1240 A»i350 W1VIMB Request Line: 168-1240 wmmtAam.can+ Requi 308 931the Advertising - Newspaper - Publishers' Reps FLORIDA TODAY Gannett Plaza Melbrn 242-3500 JAKES TRADER 900 W Eau Gallie Blvd Melbrn 32935 751-2727 SPACE COAST PARENT 315 Brevard Av Cocoa 32922 632-9831 THRIFTY NICKEL WANT ADS 240 S Courtenay Pkwy Mrtt Is( 32952. 459-0092 1124 W New Haven An W Mlbrn 32904 726-1992 Advertising - Outdoor CALEB SERVICES INC. Statewide Sales & Service 30 Years Experience 308 Cheney Hwy. Titusville 269-7108 1560 WINT•AM PW MUSIC Or YOUR LIFE ---17:r.". 905 VOtiftk Cumulus Broadcasting The Space Coast's Best Radio Stations 321.984.1000 ti CONTINUED NEXT COLUMN CLEAR CHANNEL OUTDOOR 2890 Harper Rd Melbrn 32904 726-6611 INFINITY OUTDOOR ADVERTISING 2687 S Design Ct Snfrd 32773 (407)740-6900 LAMAR OUTDOOR ADVERTISING Toll Free Dial '1' & Then (800)468-8018 METRO BENCH ADVERTISING 1050 W Robinson St Orlando 32805 (4071843-0088 SKY HIGH INFLATABLE BALLOON ADVERTISING 980 Pine Tree Dr Indn Hrbr Bch 32937 773-9995 VIACOM OUTDOOR ADVERTISING 757-9401 Advertising - Periodical Advertising - WOLF JESSEE PAQUIN COMMUNICATIONS 1970 Michigan As Cocoa 32922. 633-7576 CLEAR CHANNEL RADII - SEE OUR AD THIS P One Radio Center 1388 S Babcock Melbrn 32901 CUMULUS BROADCAST - SEE OUR AD THIS P 1775 W Hibiscus Blvd Suitt Melbrn 32901 MC CONSULTING AGEN, NEWSTALK 920 — WME - SEE OUR AD THIS F 1800 Turtlemound Rd Melbrn 32934 Advertising - Shopping i' See Advertising - Newspaper - Newspapers Advertising Signs & DisF See Advertising - Outdoor; Disl Signs & Banners ZIP,)COI Included in White and Yello CITY or CAPE CANAVU L. 1 CITY OF CAPE CANAVERAL CASE NO. 2004-00069 SAMUEL W. HEARD, PROPERTY OWNER COMMUNICATIONS CONCEPTS, INC. BUSINESS OWNER CIO Richard H. Stottler, Jr. R. A. STAFF RECOMMENDATION: Based on the evidence and testimony presented at this hearing, staff respectfully requests that the Code Enforcement Board find: That case number (2004-00071), the respondent(s) being Samuel W. Heard, Property Owner & Communications Concepts, Inc. Owner of 321 Media Group, Richard H. Stottler, Jr. R. A.;Be found in violation of : CHAPTER 70 SECTION 69, "License Required;Payment of Tax Prerequisite to Issuance" CHAPTER 70 SECTION 72 "Evidence of Engaging in Business" and be fined $187.25 (Two years of business license (& $75.00 dollars per year, plus 25% of delinquent fees; three hours of staff time $75.00 dollars; cost of mailing notices S 17.68; $150.00 + $37.50+$75.00+$17.68 = 280.18 (7)--Ap\K„s C . kt) �s BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Law Usher L. Brown' Jeffrey P. Buak° Suzanne D'Agresta° Anthony A. Garganese° John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer °Board Certified City, County & Local Government Law VIA FACSIMILE and U.S. MAIL Offices in Orlando, Kissimmee, Cocoa & Viera July 23, 2004 Debra S. Babb-Nutcher Joseph E. Blitch John U. Biedenharn, Jr. Lisa M. Fletcher Katherine Latorre Melanie A. Mucario Michelle A. Reddin Erin J. O'Leary J. W. Taylor Of Counsel Duree Alexander, Code Enforcement Officer City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 Re: Roberts Rules of Procedure - Property Procedures To Table A Matter City of Cape Canaveral Our File No.: 513-001 Dear Duree: Please accept this correspondence as a follow-up to our discussion of July 22, 2004 regarding the„difference between Motions to Table, iviotions to Postpone under Roberts Rules of Procedure. My review of Roberts Rules of Procedure has shown a common misunderstanding of the use of a Motion to Table. In thttfollowing enrt paragraphs sahme should by e usedthe wo motions which can be used to postpone a ma Motion to Table • The purpose of a Motion to Table is to temporarily set aside an item to take' up some thing of immediate urgency. The intent of this motion is to not kill or postpone the agenda. 225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-95 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Duree Alexander, Code Enforcement Officer City of Cape Canaveral July 23, 2004 Page 2 • According to Webster's New World, Roberts Rules of Order, Simplified and Applied, Second Edition, the Motion to Table is the second misused motion in meetings. • Where a Motion to Table is adopted, it allows the members to immediately halt consideration of the Motion without debate. If a motion has been laid on the table and a meeting adjourns prior to the motion being take off the table, the item will not be put on the agenda for the next meeting. Therefore this motion is reserved for an immediate urgency use only. • The mecharics of the Motion: • A Motion needs a second. It is not amendable. It is not debatable. It requires a majority to adopt. The Motion can not be reconsidered. But, any member can move to take the item off the table at any time. ■ If a Motion is laid on the table and is not taken from the table by the end of the next meeting, the Motion dies.. • Finally, where a -Motion is made to table, the chair should ask the member to state his/her reason for making the Motion. If it is apparent the member wants to kill the Motion the chair should rule the Motion out bf order- and explain to the member the proper Motion is to postpone. Motion to Postpone • The purpose of the Motion to Postpone is to put off or delay a decision. • Motion to Postpone has certain time limits such as it may not be postponed beyond a quarterly time interval or the next regular business meeting, whichever comes first. • If the Motion is to postpone to the'next meeting, and it is adopted, the Motion in question appears on the agenda under unfinisi ed or old ► usiness at the next meeting. • The mechanics of the Motion: • A Motion needs a second. It is debatable. A majority vote is required for adoption and can be reconsidered. Duree Alexander, Code Enforcement Officer City of Cape Canaveral July 23, 2004 Page 3 You indicated there are times where a matter needs to be postponed for a period longer than thirty (30) days (one meeting cycle). I would suggest that code enforcement cases be held by you until you are ready to prosecute. If prior to the hearing circumstances arise which would suggest additional time to comply or where notice is not obtained you may simply remove the item from the agenda, no action is necessary. If the agenda has already been published, a simple motion to amend agenda would be appropriate. Once the Board has an item and a hearing is begun, the Board is subject to Roberts Rules of Procedure, and postponement is for one meeting. The Board however, may move to suspend the rules, which would allow it to postpone an item for a longer period. We hope the foregoing is helpful to you. If we can be of any assistance or answer any questions regarding the same, please do not hesitate to ask. Very truly yours, JPB/eah Jrey P. Buak Assistant City Attorney City of Cape Canaveral Code Enforcement Activities: 34-96; Standards Established 2 5% 34-97; Duties and Responsibilities 2 5% 34-97; Responsibilities for Maintenance of Parking 3 3% 34-98 Building Appearance and Maintenance 2 5% 34-99; Landscape Appearance and Maintenance 1 2.5% 34-100; Sign Appearance and Maintenance 1 2.5% 34-153 Enumeration of Prohibited Noises 1 2.5% 34-209 Spillover Lighting Standards Established 2 5% 70-69; Occupational License Required 3 2.5% 70-75; Penalty For Failure to Obtain or Renew License . 1 2.5 82-116; Adoption of National Electrical Code 1 2.5% 82-221 International Property Code Maintenance 2 5% 82-146; Adoption of Plumbing Code 1 2.5% 94-76; Temporary On -Premise Signs 4 2.5% 104/105; Florida Building Code -Permits & Inspections 12 32.% 110-312 Principal Use and Structures 2 5% 110-297 R-2 Minimum Setbacks 1 2.5% 110-334; Special Exceptions 1 2.5% 110-344; Prohibited Uses and Structures 2 5% 110-470; Fence, Walls & Hedges 1 2.5% 110-582 Enclosures 1 2.5% TOTAL 46 100% Code Enforcement Activities - Continued: Areas of violations by District: Section 14 Northeast Section 20 43.5% Section 15 Northwest Section 2 4.5% Section 22 Southwest Section 6 13% Section 23 Southeast Section18 39% Total 46 100% Number of cases presented to Board: 18 Number of current cases: 28 Total: 46 Additional cases brought into compliance in field: 72 Total number of cases for the quarter: 118 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Code Enforcement Board Meeting Minutes June 17, 2004 Page 4 Attorney Buak, "I think the motion was to not find a violation and to find them in compliance, which would be the end of this code case. And he would have to be esisted for any future violations, that's as I understood your motion." Chairperson Russell: "Did he also imply in his motion that he is expected to apply for the Special Exception?" Attorney Buak: "If you find him in compliance, how can you make any requirement?, the case is over. So but you could find him, if the Board so desires, to be in violation of the dates and times that were presented by the staff and indicate that he can come into compliance by obtaining a special exception permitfor outdoor display or to continue not to outdoor display or not allow outdoor display. Mr. Holfve: Alright, I will amend my motion along those lines. Attorney Buak: "We need to see if there is a second to the amendment then we'll get the secretary to read it back. Mr. Hale: "I'll second it for discussion." Attorney Buak: "Well actually the original second has to second it because it was an amendment." Chairperson Russell: I will withdraw my second for the purpose of discussion and'make t a straight second to the amendment. Attorney Buak: Talking to the secretary; "Can you tell us what the motion was?" Secretary: "To find in violation on the dates that she (Duree) stated and to come into, compliance.by applying for a special exception." Attorney Buak: "or not permitted outdoor display, future outdoor display" "Is the Board clear on the motion?" Chairperson Russell: "I think we were all clear, I just wasn't sure how we were going to get it on paper. Is there any further discussion? Call the vote." Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:18 P.M. Approved on this day of , 2004. Mary Russell, Chairperson Joy Daine, Board Secretary Code Enforcement Board Meeting Minutes June 17, 2004 Page 4 Attorney Buak, "I think the motion was to not find a violation and to find them in compliance, which would be the end of this code case. And he would have to be resisted for any future violations, that's as I understood your motion." Chairperson Russell: "Did he also imply in his motion that he is expected to apply for the Special Exception?" Attorney Buak: "If you find him in compliance, how can you make any requirement?, the case is over. So but you could find him, if the Board so desires, to be in violation of the dates and times that were presented by the staff and indicate that he can come into compliance by obtaining a special exception permits for outdoor display or to continue not to outdoor display or not allow outdoor display. Mr. Holfve: Alright, I will amend my motion along those lines. Attorney Buak: "We need to see if there is a second to the amendment then we'll get the secretary to read it back. Mr. Hale: "I'II second it for discussion." Attorney Buak: "Well actually the original second has to second it because it was an amendment." Chairperson Russell: I will withdraw my second for the purpose of discussion and make it a straight second to the amendment. Attorney Buak: Talking to the secretary; "Can you tell us what the motion was?" Secretary: "To find in violation on the dates that she (Duree) stated and to come into compliance by applying for a special exception." Attorney Buak: "or not permitted outdoor display, future outdoor display" "Is the Board clear on the motion?" Chairperson Russell: "I think we were all clear, I just wasn't sure how we were going to get it on paper. Is there any further discussion? Call the vote." Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:18 P.M. Approved on this / C day of c , 2004. Jf y Ddine, Board Secretary c-77/1? Mary ReII, Chairperson CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JUNE 17, 2004 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on June 17, 2004, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Charles Biederman Alice Filteau 2nd Alternate Walter Godfrey Vice Chairperson James Hale Lars Holfve * 1st Alternate Jeffrey Ratliff MEMBERS ABSENT Karen Hartley Craig Stewart OTHERS PRESENT Duree Alexander Code Enforcement Officer Andrea Bowers City Treasurer Jeff Buak Assistant City Attorney Joy Daine Board Secretary Rocky Randels Mayor Bob Hoog Mayor Pro Tem The Board members established that the next meeting would be held on July 22, 2004. Assistant City Attorney Buak swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: April 22. 2004. Motion by Mr. Biederman, seconded by Mr. Hale to approve the meeting minutes of April 22, 2004. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes June 17, 2004 Page 2 COMPLIANCE HEARINGS: 1. Case No. 03-128 — Violation of Section 110-334, Special Exceptions, of the Cape Canaveral Code of Ordinances, (8705 N. Atlantic Ave.) — Howard & Betty Gould, Trustees. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. PUBLIC HEARINGS: 1. Case No. 04-024 — Violation of the National Electrical Code Section(s) 400.8 Uses not permitted, 410.12 Outlet box cover, 408.2 Circuit directory, 400.14 Protection from damage, 110.12 (a) Unused openings, 240.24 (b) Occupancy, 300.4 (b)(1) Nonmetallic sheathed cable, 314.17 (a -d) Conductors entering boxes, conduit bodies or fittings, 334.15 Protection from physical damage: Violation of the Florida Building Code Section(s) 308.5 Interval of support, 501.4 Location, 104.1 Permits required, 105 Inspections, of the Cape Canaveral Code of Ordinances, (405 Tyler Ave.) — Charles Allen Hinkley, Trustee. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. 2. Case No. 04-039 — Violation of Section 78-121 & 128, Impact fees & Change of use, of the Cape Canaveral Code of Ordinances, (7410 N. Atlantic Ave.) — Ronald McDevitt, Property Owner. Code Enforcement Officer, Duree Alexander respectfully requested this Case be tabled until July 22, 2004 Code Enforcement Board meeting. 3. Case No. 04-042 — Violation of Section 104 & 105 Florida Building Code — Permits & Inspections. of the Cape Canaveral Code of Ordinances, (306 Lindsey Court.) — Ronald Scott. Property Owner. Code Enforcement Officer, Duree Alexander respectfully requested this Case be tabled until July 22, 2004 Code Enforcement Board meeting. 4. I Case No. 04-044 — Violation of Section(s) 110-523. Home Occupational License required. 70-71 Engaging in business without paying tax. 70-72, Evidence of engaging in business, of the Cape Canaveral Code of Ordinances. (336 Seaport Blvd.) — Bernard Kerns. Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that Connie Kerns is operating a catering business out of her home without an occupational license and the food is prepared at the VFW in Cape Canaveral. Officer Alexander further testified that a County Health Department license may be required and the City is expecting a return call from the County for their interpretation. Code Enforcement Board Meeting Minutes' June 17, 2004 Page 3 Andrea Bowers, City Treasurer testified that in order for the business to provide food, other than a personal chef that prepares the food at the clients' location, they have to have a health department license. Ms. Bowers further stated that she is unable to.issue an occupational license without the health department license. Officer Alexander respectfully requests that the Board find Bernard & Connie Kerns in violation of Section 110-523 Home Occupational License required, 70-71 Engaging in business without paying tax, & 70-72 Evidence of engaging in business. However, staff is requesting that they be given until July 22, 2004 to obtain the occupational license. Assistant City Attorney, Buak recommended that they not be found in violation of Section 70-72 evidence of engaging in business, as this provision is just giving information to determine whether there is a violation. The true violation is Section 70-71 engaging in business without paying tax. Motion by Mr. Holfve, seconded by Mr. Godfrey to postpone until July 22, 2004 Code Enforcement Board meeting to allow respondent to obtain the occupational license. Discussion followed. Vote on the motion carried unanimously. 5. Case No. 04-059 — Violation of Section 110-334 Special Exceptions, of the Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave:), JWL, LLC, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that on several occasions, Norman Weaver, business owner of Beachside Scooters, has displayed the scooters on the City right-of-way. Officer Alexander respectfully requests the Board find JWL, LLC, property owner and Norman Weaver, business owner in violation of Section 110-334 Special Exceptions, 8 (a, b) & 15. Ms. Alexander further requests that if the scooters are displayed without the Special Exception, Beachside Scooters be fined $100.00 per day for every day the scooters are displayed, and be given until July 22, 2004 to apply for the Special Exception to the Planning & Zoning Board to come into compliance. Norman Weaver testified that the notice of violation stated he had 15 days to comply and he feels he has done that. He further testified that he is working on the application for the Special Exception, however he has concerns whether the minimum requirements of item 4, Section 110-556 (regarding 15 feet of green belt) can be met. The following Motion by Mr. Holfve seconded by Chairperson Russell is verbatim: Mr. Holfve, "I make a motion that no violation be found since the scooters have been removed, and I would hope that Mr. Weaver will not display them while this process of getting the exception, I hope you get it, and we will deal with this depending on the outcome of that hearing from the Planning & Zoning Board. BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Law Usher L. Brown Jeffrey P. Buak" Suzanne D'Agresta° Anthony A.'Garganese° John H. Ward Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law VIA FACSIMILE and U.S. MAIL Susan Stills, City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, -FL 32920 Offices in Orlando, Kissimmee, Cocoa & Viera December 23, 2004 Re: City of Cape Canaveral vs. Cape Caribe, Inc. City of Cape Canaveral - Code Enforcement Action Our File No.: 513-001 Dear Susan: Debra S. Babb-Nutcher" Joseph E. Blitch Victoria L. Cecil Lisa M. Fletcher Amy J. Goddard Katherine Latorre Erin J. O'Leary J. W. Taylor Of Counsel Please find enclosed herewith two original Hold Harmless and Identification Agreements in the above -referenced matter. This item needs to be presented to the City Council for its consideration at its next regular City Council agenda. Upon Council adoption, we would request that you maintain an original for your file, forward the second original directly to Kohn Bennett, General Manager, Towne Realty, East Florida Region, 1000 Shorewood Drive, Suite 200, Cape Canaveral, Florida 32920... Finally, please provide a copy of the fully -executed agreement to my attention to close our file. 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Susan Stills, City Clerk City of Cape Canaveral December 23, 2004 Page 2 Should you have any questions, please do not hesitate to contact our offices. Very truly yours, Jeffrey P. Buak Assistant City Attorney JPB/eah Enclosure cc: JJoy Raine,_ Board Secretary,—Code Enforcement Department; City ,of: Cape] f Canaveral`:(w/o.Enclosure) G:1Docs\City of Cape CanaverallCorrespondence\Stills_Susan\Cape_Caribre_Ltr122304.wpd HOLD HARMLESS AND INDEMNIFICATION AGREEMENT THIS AGREEMENT,, entered into on the last date signed below by and between CAPE CARIBE, INC., a Florida corporation (hereinafter "Indemnitor") and the CITY OF CAPE CANAVERAL, a Florida municipal corporation (hereinafter "City"), and the parties agree as follows: WITNESSET H: WHEREAS, the Indemnitor was found in violation of Sections 94-64(g) & (f) of the City Code relating to the placement and size of its ground sign on its property at the southeast comer of Shorewood Drive and George King Boulevard; and WHEREAS, the City's code enforcement board found that Indemnitor's non-compliance was due in part to errors which occurred during the City's plans review process, and determined that at this time, the only way for Indemnitor to comply would be for the removal of the existing sign and to construct a new compliant sign, which would take time and significant expense to Indemnitor; and WHEREAS, the Indemnitor has agreed to bring its property into compliance but has asked for time to explore its options relating to obtaining such compliance; and WHEREAS, the City's code enforcement board agreed to provide Indemnitor up to one (1) year in which to obtain compliance, provided the Indemnitor entered into this Agreement; and WHEREAS, the Indemnitor agrees to indemnify and hold harmless the City for any and all claims, liability, damages, or expenses, as provided more thoroughly below, arising from the location of the Indemnitor's ground sign. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Recitals. Foregoing recitals are true and correct and are incorporated herein by this reference. 2. Indemnification. The Indemnitor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its officials, officers, employees, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings) directly or indirectly arising from the location of Indemnitor's ground sign at the southeast corner of Shorewood Drive and George King Boulevard in the City of Cape Canaveral. The indemnification provided above shall obligate the Indemnitor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that maybe brought against the City or its officials, officers, employees and attorneys arising from the placement and size of the sign in violation of the above ordinance. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall 'be subject to and included with this 1 indemnification provided herein, as long as said fees are no greater than at a rate of $200 per hour. 3. Sovereign Immunity.Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 4. Choice of Law/Venue. This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. Witnesses: Print Name: 3--(n• eD INDEMNITOR CR pe eRr: be , = N C. Print: An, Drew rnUS3 V ' rEs % 0E0/ t Date: -DE E c Ern Ser I1' 2 STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 'AwlEL) Ttirrr14s3 as V. ec PrEs%o nt, who was known to me to be the person described in or 0 produced as identific tion and who executed the foregoing instrument and he acknowledged before me that he executed the same. l is CApe CAr:be. , z'NC. WITNESS my hand and official seal in the County and State last aforesaid this 1712' day of `OECEmec2 , 2009. 4V Barbara Downey ommission # DD 051319 r41'.a.n.. Expires Aug. 19,2005 r P ' Bonded 'ant �i•O� %%%% AHantic Bonding Co., Inc. (..hto . ry Public My Commission Expires: 'e -/q Attest: Susan Stills, City Clerk CITY OF CAPE CANAVERAL By: Rocky Randels, Mayor Date: , 20 3 Call to Order Roll Call City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE OCTOBER 21, 2004 7:00 P.M. ✓Establishing Next Meeting Date: November 18.2004 NEW BUSINESS: 4: 6 w /.Approval of Meeting Minutes: August 19, 2004 OVIkA COMPLIANCE HEARINGS:l f� amat , 1/ / Case No. 04-71 — Violation of ec ion1-69.1required; payment of tax prerequisite to issuance, of the Cape Canaveral Code of Ordinances, (7980 N. Atlantic Ave.) — Communication Concepts, Inc., c/o Richard Stottler, Jr., Business Owner. 2., Case No. 04-79 — Violation of Section 70-71, Engaging in business without paying tax or making reports, of the Cape Canaveral Code of Ordinances, (102 Columbia Drive, Suite 102) — Heidi Mott Sales Inc., Property Owner. JY _2 __ PUBLIC HEARINGS: Case No. 04-068 — Violation of Section 94-64(a),(C0 and Standards for U• 14 Measurement and Placement, of the Cape Canaveral Code of Ordinances, (1000 A ShOrwood Ave-) — Cape,C4ribe, Inc., c/o John McGee, Property Owner. U .fir U -QA/ a Quit54- -2. x Case "o. ' ' : = , —io a ion of Section 1, . t • . -• .a :uilding Code - „\ x Permits & Inspections, of the Cape Canaveral Code of Ordinances, (8535 ,tib'/`Canaveral Ct.) — Casa Serena Condo Assoc. of Brevard, Inc., c/o �,x�,L9\ ,Nasa'our R.A., Pro •ertyOwner. ki 11-1T-0(4 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 3 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Code Enforcement Agenda October 21, 2004 Page 2 Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning & Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. Y L-- I \o(p6u2 ' o6- zt zoo .ce- rig I , 021:(2 qpm gCa> t(F) _gIa'i retV •C ili#■t:� Iso 3 Rrf Kraal ap pro &c bV '* 'chef Ivo, 04-71 lli___./tabikt 40 di (,( 1 X?. . 1 • E 5 g11,T75 toht mud 6 (no IcomC.0. ..r�7rr — 3,( (vu p 0 riof a b I i . ►,, ��.:e - Wk -ix — I e_L'act Let. 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U`_���U( Q- crrou.ridi s_ic7it .— ,' .a+i Uvtc,ed i1,i4 o p in(ori c-ilia, - Ct. fou-tr) 1 nt. 1 .c =a6 = -z to hd a a •gym (Q, oad t . , . -II , - - - 4r- Luba, ill 0 ad zd #9114-"SW-6 , ae /' iichan totLiWd .t-cuinl(aia,. - , 'd" ov, a (Dal 4L, walk- co 0•(,1 -t-o- I ' i i 1 W fLaokairnoun,_ Gala 2, o4.-4 au-Z-Iston s ()_* ll i--w o • 6 icn ou_c_orontrictO 0 iffloseftE /hi ( Kfait 18) Zeni CAPE CARI E E RES D RT EXMt►ir r ' "'‘,„••• 54 E)(1-4 ...... ��,_.�. .w ;, "� � . . �' ‚35 V2 f)1 STAFF RECOMMENDATION: Based on the evidence and testimony ' presented at this hearing, staff respectfully requests that the Code Enforcement Board find: That case number (2004-00068), the respondents being Cape Caribe, Inc; Be found in violation of Chapter 94, Section 64, (a), (f) "Criteria and standards for measurement and placement". That they be given until a date certain October 21, 2005 to come into compliance. At which time a compliance hearing shall take place and if not in compliance a fine may be imposed at the discretion of the Code Enforcement Board. BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Law Usher L. Brown' Jeffrey P. Buak° Suzanne D'Agresta"' Anthony A. Garganesec John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer °Board Certified City, County & Local Government Law VIA U.S. MAIL Offices in Orlando, Kissimmee, Cocoa & Viera August 31, 2004 Members of the Code Enforcement Board `City. of Cape Canaveral P. O. Box 326 Cape Canaveral, FL 32920 Debra S. Babb-Nutcher" Joseph E. Blitch John U. Biedenharn, Jr. Lisa M. Fletcher Amy J. Goddard Katherine Latorre Michelle A. Reddin Erin J. O'Leary J. W. Taylor Of Counsel Re: Legal Opinion - Fictitious Name Filings Proof of Engaging in Business City of Cape Canaveral - Code Enforcement Our File No.: 513-008 Dear Members of the Code Enforcement Board: This correspondence is written in response to the Board's request for a legal opinion regarding the above -referenced matter. Substantially, the Board asked, "Was the filing of a fictitious name irrefutable evidence of the existence of a business, profession or occupation subject to the City's occupational license tax?" Short Answer: We believe the filing of a fictitious name in accordance with the Florida Statutes does not create an irrefutable presumption of doing business in the City. Background Information: On or about July 9, 2004 the City of Cape Canaveral issued a Notice of Violation alleging the existence of an unlicenced business, profession or occupation. The name of the alleged business is 321 Media Group, which is located at 7980 North Atlantic Avenue, Cape Canaveral. During the presentation of its case, on or about August 19, 2004, the City introduced the following Members of the Code Enforcement Board City of Cape Canaveral August 31, 2004 Page 2 evidence in support of its allegation: (1) fictitious filing for 321 Media Group; (2) yellow page listing for 321 Media Group; and (3) a request for a table in the name of 321 Media Group at a monthly business/trade show. A representative of Communication Concepts, Inc., James C. Lewis, Jr. testified that there existed three (3) businesses at 7980 North Atlantic Avenue, Cape Canaveral, which included Communications Concepts, Inc., Media Ink Corporation, and First ReIm Corporation. All of which had obtained various occupational licenses from the City of Cape Canaveral. The principals, including Mr. Lewis, are the same for all three corporations. Mr. Lewis further testified that 321 Media Group was not a company or business but instead a fictitious name owned by Communication Concepts, Inc. and was used to refer collectively to all three related and licensed businesses. He further testified that 321 Media Group had no employees, did not contract to provide services or products, and did not own any business accounts. Mr. Lewis admitted that a phone number was listed within the local yellow pages for 321 Media Group, but denied 321 Media Group conducted any type of advertising. Analysis: Chapter 205, Florida Statutes is known as the Local Occupational License Tax Act, and is the exclusive means by which a municipality may levy an occupational license tax for the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. Specifically, the occupational license tax may be levied on: (1) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any business within its jurisdiction. (2) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. 1 ,4 Any person who _does not gua;ify under subsection (1) or suUJection (2) and who transacts any business or engages in any occupation or profession in. interstate commerce, if the license tax is not prohibited by Section 8, Article I of the United States Constitution.' It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, occupations or professions without first paying the appropriate occupational license tax.' Section 205.042, Florida Statutes (2003). See also Section 70-67, City Code. 2 Section 205.053, Florida Statutes (2003). See also, Section 70-71, City Code. Members of the Code Enforcement Board City of Cape Canaveral August 31, 2004 Page 3 The City Code provides guidance in determining what is considered "engaging in business." Specifically, "[t]he advertisement of any business, profession or occupation, by sign, newspaper, magazine, flyers, yellow pages or any other means shall be conclusive evidence of the engaging in and carrying on in the City of the business, profession or occupation so advertised.i3 Such evidence is debatable, however, and is subject to deliberation and determination by the Code Enforcement Board. It is also important to note this is not the only evidence which may be admitted and considered by the Code Enforcement Board. We believe review should be a "totality of the circumstances" review. In other words, where the code inspector believes a business is being operated in violation of the City Code, the inspector should bring all relevant evidence, which includes the filing of a fictitious name with the State of Florida. The issue for the Code Board is what weight is provided to the evidence, and whether the evidence as a whole is strong enough to support a finding in favor of the City's allegation. Section 865.09, Florida Statutes (2003) is otherwise known as the Fictitious Name Act, for the State of Florida. The sole purpose of the fictitious name statute is to provide notice to one dealing with a business of the real party in interest (whether a individual, corporation, partnership, etc...).4 Such as in the instant case, the filing of the fictitious name "321 Media Group" gives notice to all, including the City, that the real party in interest is Communications Concepts, Inc. The Attorney General Opinion cited, in the below footnote, is interesting to the instant question. In that case the question raised was, may a motor vehicle dealer. conduct his business in more than one fictitious name under a single license issued to the dealership pursuant to Section 320.27(3), Florida Statutes? This section requires licensure by the Department of Highway Safety and Motor Vehicles in order to engage in the business of selling automobiles, much like the local occupational license tax. In some cases, there is a single site dealership that deals in several makes of cars, therefore, to identify themselves in the market place they filed several fictitious names. The Florida Attorney General found the department was unable to require a separate license for each fictitious name, as the authority to do so was not provided within Section 320.27, Florida Statutes, and that Section 865.09, Florida Statutes is the exclusive authority for the regulation of fictitious names. Similarly; -the Local Occupational License Tax Act has no provision -fog: iicenSUre-of fictitious names, only the business itself. The Act does require, however, a copy of the license holders fictitious name filing, if applicable.. We think this furthers the argument that the mere filing of a fictitious name does not in itself evidence the existence of a business subject to the Act. If the legislature had intended that each fictitious name registration constitute a separate business subject to the local occupational tax, it could have done so, but it did not. 3 70-72 Section, City Code. 4 Royal Atlantic Health Spa, Inc. v. B.L.N., Inc., 677 So. 2d 1385 (Fla. 4th DCA, 1996); See also, Fla. AGO 081-95, 1981. Members of the Code Enforcement Board City of Cape Canaveral August 31, 2004 Page 4 Conclusion: We believe the filing of a fictitious name, in accordance with Chapter 865, Florida Statute does not cause an irrefutable presumption that a business exists under that name and which is subject to the Local Occupational License Tax Act. Such filing is, however, one item for staff to consider in its "totality of the circumstances" review. In the instant case, the name belongs to a valid Florida corporation, which is licensed to do business within the City of Cape Canaveral. We believe under the facts presented to the Board it could find that 321 Media Group is not a business subject to the tax. Such a decision would not set a precedent that would tie the hands of staff. In the case of individuals doing business iri the City, such a filing would indeed be demonstrative evidence of the act of doing business within the City. Very truly yours, JPB/eah G:\Docs\City of Cape Canaveral\Correspondence\Code_Board\Fictituous_Name_Ltr083104.wpd Call to Order Roll Call City of Cape Canaveral AGENDA CODE ENFORCEMENT BOARD REGULAR MEETING 111 POLK AVENUE OCTOBER 21, 2004 7:00 P.M. Establishing Next Meeting Date: November 18, 2004 NEW BUSINESS: 1. Approval of Meeting Minutes: August 19, 2004 COMPLIANCE HEARINGS: 1. Case No. 04-71 — Violation of Section 70-69, License required; payment of tax prerequisite to issuance, of the Cape Canaveral Code of Ordinances, (7980 N. Atlantic Ave.) — Communication Concepts, Inc., c/o Richard Stottler, Jr., Business Owner. 2. Case No. 04-79 — Violation of Section 70-71, Engaging in business without paying tax or making reports, of the Cape Canaveral Code of Ordinances, (102 Columbia Drive, Suite 102) — Heidi Mott Sales Inc., Property Owner. PUBLIC HEARINGS: 1. Case No. 04-068 — Violation of Section 94-64(a), Criteria and Standards for Measurement and Placement, of the Cape Canaveral Code of Ordinances, (1000 Sherwood Ave.) — Cape Caribe, Inc., c/o John McGee, Property Owner. 2. Case No. 04-094 — Violation of Section 104.1.1 & 105.4 Florida Building Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (8535 Canaveral Ct.) — Casa Serena Condo Assoc: of Brevard, Inc., c/o Ahmad Nasajour, R.A., Property Owner. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 •. FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES OCTOBER 21, 2004 7:00 PM Lor r� S 1. Cfrui 194- b `r 110 t°5 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on October 21, 2004, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. 3&a rd�n Chairperson Mary Russell called the meeting to order at 7:00 PM. The -BeardSecretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Charles Biederman Karen Hartley James Hale Lars Holfve 1st Alternate Jeffrey Ratliff Craig Stewart MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Vice Chairperson Duree Alexander Code Enforcement Officer Jeff Buak Assistant City Attorney Susan Chapman -Secretary ps_corai The Board members established that the next meeting would be held on November 18, 2004. Assistant City Attorney Buak swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: August 19, 2004. Motion by Mr. Biederman, seconded by Mr. Hale to approve the meeting minutes of August 19, 2004. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 21, 2004 Page 2 COMPLIANCE HEARINGS: 1. Case No. 04-71 — Violation of Section 70-69, License required; payment of tax prerequisite to issuance, of the Cape Canaveral Code of Ordinances, (7980 N. Atlantic Ave.) — Communication Concepts, Inc., c/o Richard Stottler, Jr., Business Owner. Code Enforcement Officer, Duree Alexander testified that ased on the legal opinion from Attorney Buak, the Board could find 321 Media Group is not a business subject to the Occupational License Tax. Motion by Mr. Stewart, seconded by Mr. Ratliff to find this case in compliance. Vote on the motion carried unanimously 2. Case No. 04-79 — Violation of Section 70-71, Engaging in business without paying tax or making reports, of the Cape Canaveral Code of Ordinances, (102 Columbia Drive, Suite 102) — Heidi Mott Sales Inc., Property Owner. Code Enforcement Officer, Duree Alexander testified that this case was in compliance. PUBLIC HEARINGS: 1. Case No. 04-068 — Violation of Section 94-64(a), (f) Criteria and Standards for Measurement and Placemenpf the Cape Canaveral Code of Ordinances, (1000 Shorwood Dr.) — Cape Caribd( Inc., c/o John McGee, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the case history and presented exhibits for the Board's review. Officer Alexander testified that the violation cited is for placing a sign in the visibility triangleib4Pxceeding the maximum allowable square footage. Maath Bennett, Cape Caribe, Inc., testified there was confusion d e to where the property lines are located. Mr. Bennett further testified that the sign well off of the right-of-way and there is no visibility issue. Officer Alexander reetoec request that the Board find case number 2004-00068 in k5iolation of Chapter 94,eection 64, (a , (f) "Criteria and Standards for Measurement and lacementr,be given until October 21, 2005 to come into compliance. el, p����A afrvi Mr. Buak, City Attorney, stated that the Boa • went out and made a footing inspection an • •rr that where errors are made in inspection . • employee cbind the City to these errors. Can Ak concerned with t fact that the City atch the error. / case law is clear permitting process the error of that Code Enforcement Board Meeting Minutes October 21, 2004 Page 3 (al ds .x S` r os; ng hat the Board -he -94o deterne if the sign is in violationyand If ` ; the Board would be essentially granting :'%' ' a rianc.;, y hich is beyond the arm `,0 5 Cu ori. Evelyn England, Art -Kraft Sign Company, testified that there was no intention of wrongdoing. Ms. England further testified that they were under the impression that the property line was on the other side of tht&treetflue to the fact that this is a private road. ' Looking at her photos, she stated thais no visibility problem. Ms. England also testified that they were under the impression that the square footage area was the actual copy area only, not including the supporting structure. Attorney Buak stated his concerns about Ale liability during the time period the sign is allowed to remain. Mr. Buak recommend Vthat as a condition of the approval, that Cape Caribe, Inc. provide anIndemnification and 'told Aarmless Agreement to the City in case erg is ever an accident at the intersection. 5 Mr. Stewart voiced his opinion that the City should bear some of the costs or some kind of compromise should be made. Mr. Hale voiced his opinion that the City inspector should check the site visibility triangle at the time of the inspection, Motion by Mr. Holfve seconded by Mr. Stewart to accept staff recommendation to find case number 2004 :'..8 in violation of Chapter 94, Section 64, (a), (f) "Criteria and Standards for Measurement and 'lacement;"4d be ivenntil October 21, 2005 to come into compliance, with the 1ndemnificat on and {old harmless thgreement sand recommends City government find a way to work with the owner to rectify the violation with the least amount of hardship. Discussion followed. Motion carried by a (6) to (1) vote with members voting as follows: Charles Bied- m- , for; James Hale, for; Karen Hartley, for; Lars Holfve, for; Jeffrey Ratliff, for; Ma Russe for; Craig Stewa %, ainst. i 2. Case No. 04-094 — Violation of Section 104.1.1 & 105.4 Florida Building Code - Permits & Inspectionpf the Cape Canaveral Code of Ordinances, (8535 Canaveral Ct.) — Cas Serena Condo Assoc. of Brevard, Inc., c/o Ahmad Nasajour, R.A., Property Owner. Code Enforcement Officer, Duree Alexander zespostfully. requested this case be postponed until November 18, 2004 Code Enforcement Board meeting. Motion by Mr. Holve, seconded by Ms. Stewart to postpone/untilvember 18, 2004 Code Enforcement Board meeting. Vote on the motion carried unanimously. l Code Enforcement Board Meeting Minutes October 21, 2004 Page 4 ADJOURNMENT: .There being no further business the meeting adjourned at 8:05 P.M. Approved on this day of , 2004. Board Secretary Mary Russell; Chairperson