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HomeMy WebLinkAboutMinutes 11-19-1998CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 19, 1998 7:30 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida,was held on November 19, 1998, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Carol Warner Vice Chairperson Charles Biederman Jeffrey Ratliff Donna Boone Karen Hartley MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Mitch Goldman Assistant City Attorney Greg Mullins Code Enforcement Officer Susan Chapman Board Secretary Greg Mullins, Code Enforcement Officer; Stephen Heuston, Hans K. Sauremann, and Otis Manley, citizens,were sworn in by Attorney Goldman. It was noted that the next meeting would be held on January 21, 1999. Motion by Mr. Biederman, seconded by Mrs. Warner, to approve the meeting minutes of October 22, 1998 as submitted. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 19, 1998 Page 2 COMPLIANCE HEARINGS: 1. Case No. 98-31, Ida Bruss, (8201 Canaveral Boulevard), Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens, Block 4, Lot 1, Brevard County, Florida -Violation of Sections 641.23, Accessory Structures and 641.25 Visibility at Intersections of the Cape Canaveral Code of Ordinances. Mr. Mullins gave a history of this case. He reviewed the initial violations and informed the Board that the City had filed a code enforcement lien against the property owner. He explained that the lien was recorded on March 19, 1993, and accrued to the amount of $21,000, plus minimal administration costs. He further informed the Board that Ms. Bruss had passed-away and the property was willed to the Salvation Army and that the property was now in Compliance with the initial Board Order. Mr. Heuston, representative for the Salvation Army, testified that Ms. Bruss died on July 3, 1997. The Salvation Army was nominated to serve as Personal Representative of Ms. Bruss' estate and his law firm was appointed as Personal Representative on October 2, 1998 by the Brevard County Circuit Court. He explained that shortly after Ms. Bruss died, The Salvation Army,who was named as the Executor under Ms. Bruss's Will, hired Attorney Howard Mayes to probate Ms. Bruss's estate. He explained that unfortunately, Attorney Mayes' wife was suffering from a terminal illness and although he kept promising The Salvation Army had to find another attorney to probate Ms. Bruss's estate and Mr. Heuston's law firm was retained in September of this year to open the probate administration. The Salvation Army was unaware of the code violations at Ms. Bruss's home and was now making every effort to clean-up the property and eventually sell the home. At this time, Mr. Heuston respectfully requested that the Board grant a full abatement of the code violation lien against Ms. Bruss's property. Code Enforcement Board Meeting Minutes November 19, 1998 Page 3 Mr. Heuston further testified that following a meeting with Code Enforcement Officer Mullins at the property location on October 14, 1998, to discuss the concerns of the City relative to the condition of the property, his law firm had the front awnings removed and had hired a contractor to mow the lawn at regular intervals and hired someone to repair the window. The property was inspected by a pest control company and a roofing company. It was determined that the house was infested with termites and arrangements were underway to have them eradicated. As soon as the problem was eliminated, the roof, soffit and fascia would be replaced. He stated that it was the intention of The Salvation Army to maintain the property in a neat and orderly condition until such time as a sale could be consummated. Mr. Heuston also advised that all proceeds from Ms. Bruss's estate would be used to further the charitable work of The Salvation Army. Therefore, any funds paid to the City for the imposed Code Enforcement Lien, would only reduce the amount The Salvation Army has for their use in serving the needs of disadvantaged people in the community. Mr. Heuston repeated that The Salvation Army requested a full abatement of the code violation lien against Ms. Bruss's property. Discussion followed regarding the daily accrued amounts of the imposed fine. Mr. Hans Sauremann, citizen, voiced his opinion that James Morgan(a passed Building Official and Evelyn Hutcherson (a passed Code Enforcement Officer), wrongfully harassed Ms. Bruss because she was against government. He explained that Ms. Bruss had high diabetes and could not go in the sun. He further voiced his opinion that the penalty was wrong and he strongly supported to waive all the fees because Ms. Bruss had been ill and not able to take care of her property and that The Salvation Army should not be punished. He advised that the Board had the opportunity to waive the lien at this time. Discussion followed. City Attorney Goldman, reviewed Chapter 162, F.S., and informed the Board that City Council was considered the "governing body" and that the Board could only make recommendation in this case to the City Council. Discussion continued. Code Enforcement Board Meeting Minutes November 19, 1998 Page 4 Motion by Mrs. Warner, seconded by Mr. Ratliff, to find Case No. 92-31 in Compliance with the Board Order of October 27, 1992 and recommend that the City Council consider reducing the imposed fine to the amount of $1,955.00. Which amount was determined by the following calculations: $25.00 for the first day of non-compliance and $10.00 for each and every day after, until the property was brought into compliance. This amount calculated to $1,455.00 in total fines and $500.00 for administrative costs for a total of $1,955.00. Vote on the motion carried unanimously, as amended. 2. Case No. 98-47, Magma Trading Corporation, (8200 Astronaut Blvd.), Section 23, Township 24 South, Range 37 East, Parcel 286, Brevard County, Florida -Violation of Sections 34-97, Duties and Responsibilities for Maintenance and 94-7, Conformance of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this Case was in compliance and respectfully requested that the imposed fine be reduced because the property owner's new tenant was making substantial improvements and working diligently to bring the property into compliance at his own expense. Mr. Otis Manley, tenant, testified that he anticipated on being the future property owner. When he signed the property lease in November, he was not told of any existing violations. He had learned later that the City had notified the property owner of city code violations in September. Mr. Manley stated that he was paying for all the repairs out of his pocket and was working every day to improve the property. Discussion followed. Motion by Mrs. Warner, seconded by Ms. Boone to find Case No. 98-47 in compliance as of November 10, 1998 and that a fine be imposed in the amount of $150.00 for the 1st day of non-compliance, a total of $350.00 for the month of July, and $775.00 for the month of August, for a total imposed fine of $1,275.00,which represented a reduction of the original fine. Vote on the motion carried unanimously, as amended. Code Enforcement Board Meeting Minutes November 19, 1998 Page 5 3. Case No. 98-58, California Florida Corporation, (8590 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens, Block 3, Lot 14.02, Brevard County, Florida -Violation of Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code Ordinances. Mr. Mullins testified that this case was not in compliance. He submitted a letter from Chelsea Realty Co., property management for California Florida Corporation, dated November 5, 1998 (Exhibit A), requesting an extension of time to comply with the Board Order until December 2, 1998. Mr. Mullins testified that there was no evidence that any effort had been made to bring this property into compliance. Brief discussion followed regarding property ownership and extent of work that needed to be performed to bring the property into compliance. Mr. Mullins advised that the "Courtesy Request Notice", informing the property owner of the violation was dated April 27, 1998. Mr. Mullins reiterated that no effort had been made to bring the property into compliance. Brief discussion followed. Motion by Mrs. Warner, seconded by Mrs. Hartley to find Case No. 98-58 in non- compliance with the Board's Order dated October 22, 1998 because of the following facts: The parking lot space was not striped; the required handicap parking space was not designated, marked or had appropriate signage installed; the front of the building was not cleaned and painted; the facade was not repaired; and the ground sign pole was not scraped and repainted. Therefore, California Florida Corporation is find $150.00 for the 1st day of non-compliance (November 13, 1998), and $75.00 for each and every day thereafter, until the property is brought into compliance, plus costs incurred by City staff. Should the violation reoccur, upon notification by the Code Enforcement Officer, a fine shall be levied in the amount of $50.00 per day, for each and every day, until the property is brought into compliance. Vote on the motion carried unanimously. 4. Case No. 98-59, LaPaz, Inc., (6211 N. Atlantic Avenue), Section 22, Township 24 South, Range 37 East, Banana River Estates, Lots 26 & 27, Brevard County, Florida -Violation of Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. Code Enforcement Board Meeting Minutes November 19, 1998 Page 6 5. Case No. 98-61, Nancy Peters, (405 Tyler Avenue, Apt. #301), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 44, Lots 2-4, Brevard County, Florida -Violation of Section 34-181, Storing, Parking or Leaving of Private Property of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. 6. Case No. 98-62, Richard Lawson, (405 Tyler Avenue, Apt. #104), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 44, Lots 2-4, Brevard County, Florida -Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. PUBLIC HEARINGS: 1. Case No. 98-41, Ida Bruss, (8201 Canaveral Blvd.), Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens, Block 4, Lot 1, Brevard County, Florida -Violation of Sections 34-97, Duties and Responsibilities for Maintenance and 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. He stated for the record that this case was previously discussed during Case No. 92-31, agenda item #1. Chairperson Russell called for a five minute recess at 8:55 P.M. The meeting reconvened at 9:00 P.M. 2. Case No. 98-60, Thomas & Helen Metee, (218 Jackson Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 13, Brevard County, Florida-Violation of Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes November 19, 1998 Page 7 Mr. Mullins testified that the property had an overgrowth of grass and weeds exceeding the 6" height requirement, the swimming pool was in an unsafe, unsanitary condition, the fence around the rear yard needed to be repaired/replaced, the window on the east side of the building needed to be repaired and yard waste accumulated in the front of the property removed. Brief discussion followed. Motion by Ms. Boone, seconded by Mrs. Russell to find Case No. 98-60 in violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact: The swimming pool has not been cleaned and maintained in a safe and sanitary condition. The fence surrounding the pool area has not been repaired or replaced, creating an attractive nuisance with unsafe accessibility. Conclusion of Law: Thomas and Helen Metee are in violation of Chapter 34, Environment, Section 34-122 (A), Public Nuisances Prohibited and Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Order: Thomas and Helen Metee shall comply with the aforementioned Sections of the City Code of Ordinances on or before December 10, 1998 by taking the following action: 1. Repair or replace the fence around the perimeter area of the swimming pool enclosure. 2. Clean the swimming pool and maintain it in a usable condition, or drain and cover the pool to prevent any further sanitary health and safety problems. The Order shall further provide that upon compliance, Thomas and Helen Metee shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board of compliance. Code Enforcement Board Meeting Minutes November 19, 1998 Page 8 However, upon failure to comply by December 10, 1998, there shall be a fine of $100.00 for the first day of non-compliance and $25.00 per day thereafter, until the property is brought into compliance. Vote on the motion carried unanimously. 3. Case No. 98-66, Sabrina Toledo, (250 Canaveral Beach Blvd.), Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens, Block 5, Lot 12, Brevard County, Florida-Violation of Section 34-97, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Mr. Mullins submitted a photograph of the vehicle (Exhibit A). He testified that the vehicle was not tagged. Brief discussion followed. Motion by Ms. Boone, seconded by Mrs. Hartley to find the unlicensed vehicle in Case No. 98-66 to be a public nuisance. Vote on the motion carried unanimously. 4. Case No. 98-67, Burton & Diana Kennedy, (113-119 Monroe Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 25, Lots 1-4, Brevard County, Florida-Violation of Sections 34-97, Duties and Responsibilities for Maintenance and 34-98, Building Appearance and Maintenance of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that the property exterior was in need of maintenance. He submitted photographs of the property (Exhibits A, B & C). Mr. Mullins testified that Mr. Kennedy was notified of the violations in July. Mr. Kennedy had advised that he intended on painting the building in early August. Mr. Mullins testified that nothing had been done to bring the property into compliance other than repairing the roof. He further advised that there had been no further contact from the property owners and no response to the violation notices. Mr. Mullins respectfully requested that the Board impose an Order finding the property owners in violation and requested that the Board establish a time certain to comply. Brief discussion followed. Code Enforcement Board Meeting Minutes November 19, 1998 Page 9 Motion by Ms. Boone, seconded by Mr. Biederman to find Case No. 98-67 in violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact: The exterior of the buildings are in need of property maintenance. Conclusion of Law: Burton and Diana Kennedy are in Violation of Chapter 34, Environment, Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Order: Burton and Diana Kennedy shall comply with the aforementioned Section of the City Code of Ordinances on or before January 15, 1999 by taking the following action: 1. Clean, paint and repair the exterior of the building, including window sills and concrete blocks that show inadequate maintenance. 2. Repair the sidewalk. 3. Post the address of the buildings in a clear and visible location. 4. Repair the broken and inoperable windows on the buildings. The Order shall further provide that upon compliance, Burton and Diana Kennedy shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board of compliance. However, upon failure to comply by January 15, 1998, there shall be a fine of $125.00 for the first day of non-compliance and $25.00 per day thereafter, until the property is brought into compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 19, 1998 Page 10 5. Case No. 98-68, The Knothouse, (6107 N. Atlantic Avenue), Section 26, Township 24 South, Range 37 East, Parcel 22.01, Brevard County, Florida - Violation of Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that this case was in compliance. 6. Case No. 98-69,Vernon Wilmer, (220 Fillmore Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 52, Lot 13, Brevard County, Florida -Violation of Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Mr. Mullins testified that there had been no contact or response from the property owner. He submitted photographs of the property (Exhibit A). Mr. Mullins advised that the fence slats on the front fence were faded and was in need to be painted or removed, and the perimeter fence around the property needed to be repaired or replaced. Brief discussion followed. Motion by Mrs. Warner, seconded by Mr. Biederman to find Case No. 98-69 in violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact: The fence slats on the front fence were faded and needed to be painted or removed, and the perimeter fence around the property needed to be repaired or replaced. Conclusion of Law: Vernon Wilmer was in Violation of Chapter 34, Environment, Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Order: That Vernon Wilmer shall comply with the aforementioned Section of the City Code of Ordinances on or before January 15, 1999 by taking the following action: 1. Paint or replace the fence slats on the front chain link fence that were faded and appear blighted. Code Enforcement Board Meeting Minutes November 19, 1998 Page 11 2. Repair, replace or remove the deteriorated wooden privacy fence located around the perimeter of the property. The Order shall further provide that upon compliance,Vernon Wilmer shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board of compliance. 9 However, upon failure to comply by January 15, 1998, there shall be a fine of $125.00 for the first day of non-compliance and $75.00 per day thereafter, until the property is brought into compliance,which shall include all costs for fees incurred by City staff. Should the violation reoccur, upon notification by the Code Enforcement Officer, a fine shall be imposed in the amount of $50.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously, as amended. DISCUSSION: Mrs. Norma Townsend, a citizen, complimented Mr. Mullins for his outstanding concern for the citizens of the city and his professionalism in resolving situations. Mrs. Townsend suggested that the City adopt an ordinance to eliminate generators on construction sites and require temporary power poles. There being no further business, the meeting was adjourned at 9:45 P.M. Approved on this 21 day of January , 1999. Mary K. Russell Mary K. Rusell, Chairperson Susan L. Chapman Susan L. Chapman, Board Secretary Susan L. Chapman, Board Secretary