HomeMy WebLinkAboutMinutes 10-22-1998CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
OCTOBER 22, 1998
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida,was held on October 22, 1998, at the City Hall Annex, 111
Polk Avenue, Cape Canaveral, Florida.
Vice Chairperson Warner called the meeting to order at 7:30 P.M. The Secretary
called the roll.
MEMBERS PRESENT
Carol Warner Vice Chairperson
Walter Godfrey
Charles Biederman
Jeffrey Ratliff
Karen Hartley
MEMBERS ABSENT
Mary Russell Chairperson
Donna Boone
OTHERS PRESENT
Mitch Goldman Assistant City Attorney
Ken Grinstead City Official
Susan Chapman Board Secretary
Ken Grinstead, a City Official, was sworn in by Attorney Goldman.
It was noted that the next meeting would be held on November 19, 1998.
Motion by Mr. Biederman, seconded by Mr. Godfrey, to approve the meeting
minutes of September 17, 1998 as submitted. Vote on the motion carried
unanimously.
Code Enforcement Board
Meeting Minutes
October 22, 1998
Page 2
COMPLIANCE HEARINGS:
1. Case No. 98-46, Cape Canaveral Office Center, (7980 N. Atlantic Avenue),
Section 23, Township 24 South, Range 37 East, Block 19, Lots 1-3, Brevard
County, Florida -Violation of Section 34-97, Duties and Responsibilities
for Maintenance of the Cape Canaveral Code of Ordinances.
Mr. Grinstead testified that this case was in compliance.
2. Case No. 98-56, Alfred Archarubault, (400 Johnson Avenue), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 72,
Lot 6, Brevard County, Florida -Violation of Section 34-181, Storing,
Parking, or Leaving on Private Property of the Cape Canaveral Code of
Ordinances.
Mr. Grinstead testified that this case was in compliance.
PUBLIC HEARINGS:
1. Case No. 98-58, California Florida Corporation, (8590 N. Atlantic Ave.),
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
of Ordinances.
Mr. Grinstead advised that this case was not in compliance. He testified that the
parking lot parking spaces were not designated and striped; the required
handicap parking space was not designated, marked and signage posted; the
front of the building was not cleaned and painted; the hole in the facade was not
repaired, and the ground sign pole was not scraped and painted. Mr. Grinstead
stated that he had inspected the property, on this date, and submitted
photographs for the Board's review (Exhibit A). Brief discussion followed.
Code Enforcement Board
Meeting Minutes
October 22, 1998
Page 3
Motion by Mrs. Hartley, seconded by Mr. Godfrey to find Case No. 98-58 in
violation as follows:
Findings of Fact: The parking lot spaces were 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.
Conclusion of Law: California Florida Corporation was in Violation of
Section 34-97, Duties and Responsibilities for Maintenance of the Cape
Canaveral Code of Ordinances.
Order: That California Florida Corporation shall comply with the
aforementioned Section of the City Code of Ordinances on or before
November 12, 1998 by taking the following action:
1. Clean and repaint the front of the building and repair the hole in
the front facade.
2. Re-stripe the parking spaces in the parking lot, properly locate the
handicap parking space and provide the required signage.
3. Clean and repaint the front of the building, and repair the hole in
the facade.
4. Scrape and paint the ground sign pole.
The Order shall further provide that upon compliance, California Florida
Corporation shall notify Greg Mullins, a City Official. He shall inspect the
property and notify the Board of compliance.
However, upon failure to comply by November 12, 1998, there shall be a fine of
$150.00 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.
Code Enforcement Board
Meeting Minutes
October 22, 1998
Page 4
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.
2. Case No. 98-59, La Paz 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. Grinstead advised that this case was not in compliance. He testified that the
building overhang and soffit was not repaired or replaced; the parking spaces
were not re-striped; the required handicap parking space was not designated,
marked or had appropriate signage installed; the weeds adjacent to the west end
of the building and parking lot was not being cut and properly maintained. Mr.
Grinstead stated that he had inspected the property on this date and submitted
photographs for the Board's review (Exhibit A). Brief discussion followed. Mr.
Grinstead verified that the advertising signs attached to the realtor sign along
A1A had been removed.
Motion by Mrs. Warner, seconded by Mr. Godfrey to find Case No. 98-59 in
violation as follows:
Findings of Fact: The building overhang and soffit was not repaired or
replaced, the parking spaces were not designated, marked or appropriate
signage installed, the weeds adjacent to the west end of the building and
parking lot was not mowed and being maintained.
Conclusion of Law: LaPaz Inc.,was in Violation of Section 34-97, Duties
and Responsibilities for Maintenance of the Cape Canaveral Code of
Ordinances.
Code Enforcement Board
Meeting Minutes
October 22, 1998
Page 5
Order: That LaPaz Inc., shall comply with the aforementioned Section of
the City Code of Ordinances on or before November 12, 1998 by taking the
following action:
1. Replace the missing soffit along the front of the building under the
porch overhang, and repair the wood along the front facade.
2. Re-stripe the parking lot to identify each parking space as
designated, mark and identify the required handicap parking
spaces, (over 25 spaces) requires two handicap spaces,which must
meet code for location, size and signage.
3. Cut the weeds along the west boundary of the property.
The Order shall further provide that upon compliance, LaPaz Inc., shall
notify Greg Mullins, a City Official. He shall inspect the property and
notify the Board of compliance.
However, upon failure to comply by November 12, 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.
3. 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
October 22, 1998
Page 6
Mr. Grinstead advised that this case was not in compliance. He further advised
that the returned certified receipt for the mailing of the Notice of Violation had
not been returned from the post office. Attorney Goldman requested that the
Board postpone this case until Mr. Metee is properly served with the Notice of
Violation pursuant to Florida Statutes, Chapter 162, Section 162.12(2)(b)(1).
Motion by Mr. Godfrey, seconded by Mr. Biederman to postpone the Public
Hearing in Case No. 98-60 until Mr. Metee is properly served with the Notice of
Violation. Vote on the motion carried unanimously.
4. 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 on Private Property of the Cape Canaveral Code of
Ordinances.
Mr. Grinstead submitted a photograph of the vehicle (Exhibit A). He testified
that the untagged vehicle had been posted with a 72 hour towing notice on
September 16, 1998. Ms. Peters had submitted a written letter requesting a
hearing before the Board. It was noted that Ms. Peters was duly notified of this
meeting and was not present at the meeting. Brief discussion followed.
Motion by Mr. Godfrey, seconded by Mr. Ratliff to find Case No. 98-61 in
violation of the Cape Canaveral Code of Ordinances in that the Board had
determined that the vehicle located at 405 Tyler Avenue, #301 to be a public
nuisance pursuant to Section 34-181 of the City Code. Vote on the motion carried
unanimously.
5. Case No. 98-62, Richard Lawson, (405 Tyler Ave., Apt. #104), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 44,
Lots 2-4, Brevard County, Florida.
Mr. Grinstead testified that the vehicle remained upon the property without a
current tag. The vehicle had been posted with a 72 hour towing notice on
September 16, 1998. It was noted that Mr. Lawson was duly notified of this
meeting and was not present at the meeting. Brief discussion followed.
Code Enforcement Board
Meeting Minutes
October 22, 1998
Page 7
Motion by Mr. Biederman, seconded by Mr. Godfrey to find Case No. 98-62 in
violation of the Cape Canaveral Code of Ordinances in that the Board has
determined that the vehicle located at to be a public nuisance pursuant to
Section 34-181 of the City Code. Vote on the motion carried unanimously.
6. Case No. 98-63, Wade Miller, (8417 Rosalind Avenue), Section 14,
Township 24 South, Range 37 East, Canaveral Beach Gardens, Block B, Lot
13.03, Brevard County, Florida -Violation of Section 34-181, Storing,
Parking or Leaving on Private Property of the Cape Canaveral Code of
Ordinances.
Mr. Grinstead testified that this case was in compliance.
7. Case No. 98-64, Susan Spears, (220 Lincoln Avenue, Apt. #12), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 63,
Lot 7, Brevard County, Florida.
Mr. Grinstead testified that this case was in compliance.
8. Case No. 98-65, Sam Sanchez, (329 Pierce Avenue, Apt. #3), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 63,
Lot 7, Brevard County, Florida.
Mr. Grinstead testified that this case was in compliance.
There being no further business, the meeting was adjourned at 8:10 P.M.
Approved on this 19th day of November , 1998.
Mary K. Russell
Mary k. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary