HomeMy WebLinkAboutMinutes 06-18-1998CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
JUNE 18, 1998
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida,was held on June 18, 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
Donna Boone
Charles Biederman
Jeffrey Ratliff
MEMBERS ABSENT
Walter Godfrey
Carol Warner
Karen Hartley
OTHERS PRESENT
Mitch Goldman Assistant City Attorney
Greg Mullins Code Enforcement Officer
Susan Chapman Board Secretary
Bill Barnes and Kevin Burns, citizens; and Greg Mullins, code enforcement
officer were sworn in by Attorney Goldman.
It was noted that the next meeting should be held on July 23, 1998. However,
Mr. Muffins, Mrs. Chapman and Mrs. Russell would be on vacation. Mrs.
Chapman would poll the Board members two weeks prior to the meeting to
ensure that there would be a quorum or cancel the meeting
Motion by Ms. Boone, seconded by Mr. Biederman to approve the meeting
minutes of May 21, 1998. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 18, 1998
Page 2
COMPLIANCE HEARINGS:
1. Case No. 98-28, The Canaveral Corporation, (8901 N. Atlantic Avenue),
Section 14, Township 24 South, Range 37 East, Parcel 269, Brevard County,
Florida -Violation of Section 34-97, Duties and Responsibilities for
Maintenance of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
2. Case No. 98-40, Randy Mays, (245 Challenger Road), Section 15, Township
24 South, Range 37 East, Parcel 2, Brevard County, Florida-Violation of
Section 62-11, Unlawful Acts of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
PUBLIC HEARINGS:
1. Case No. 98-41, (Tabled from last meeting), 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
Section 43-97, Duties and Responsibilities for Maintenance, Section 110-
468, Accessory Structures and Section 82-37, Posting and Specifications of
Numbers of the Cape Canaveral Code of Ordinances.
Mr. Mullins testified that further research revealed that Ida Bruss had past away
in May, 1997. He requested that this case be tabled until further information is
obtained regarding the property ownership.
Motion by Ms. Boone, seconded by Mr. Biederman to table Case No. 98-41 until
further information is available. Vote on the motion carried unanimously.
2. Case No. 98-45, The Oaks Condominium Association, (201 International
Drive), Apt. #124, Section 23, Township 24 South, Range 37 East, Parcel 7,
Brevard County, Florida-Violation of Chapter 82, Land Development
Code, as adopted by the Southern Building Code Congress International,
Chapter 15, Roof and Roof Structures, Section 1503.4,
Replacement/Recovering.
Code Enforcement Board
Meeting Minutes
June 18, 1998
Page 3
Mr. Mullins testified that he was contacted by the unit owner informing him that
the roof was leaking. He submitted photographs of the damaged roof area
(Exhibits A, B, &C). The Board members reviewed the exhibits. Mr. Mullins
explained that the roof decking was showing signs of deterioration and minor
structural damage. Mr. Mullins requested that the Oaks Condominium
Association acknowledge that there is a problem and repair the leak.
Mr. Burns, the Oaks Condominium President, advised that Tech Systems had
repaired numerous leaks in other buildings. He had difficulty receiving quotes
from roofers for small repairs. He advised that the platforms holding the a/c
units had been causing various leaks. Mr. Mullins added that there were
numerous ways to tie-down a/c units. Mr. Burns agreed to take care of the
problem. Brief discussion followed.
Motion by Ms. Boone, seconded by Mr. Biederman to table Case No. 98-45 until
the next meeting. Vote on the motion carried unanimously.
3. 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. Mullins testified that the parking lot was deteriorated and the roof overhang
needed to be replaced and painted. He submitted photographs of the property
(Exhibits A&B). The Board members reviewed the exhibits. Brief discussion
followed.
Motion by Ms. Boone, seconded by Mr. Biederman to find Case No. 98-46 in
violation as follows:
Findings of Fact: The roof overhang was in need of repairs and the
parking lot asphalt had numerous breaks and areas of deterioration.
Conclusion of Law: Cape Canaveral Office Center was in violation of
Chapter 34, Section 34-97, Duties and Responsibilities for Maintenance of
the Cape Canaveral Code of Ordinances.
Code Enforcement Board
Meeting Minutes
June 18, 1998
Page 4
Order: Cape Canaveral Office Center shall comply with the
aforementioned Section of the City Code of Ordinances on or before July
16, 1998 by taking the following action:
1. Have the roof overhang / facial boards repaired/replaced and
painted.
2. Have the broken asphalt repaired and resurfaced.
The Order shall further provide that upon compliance, Cape Canaveral
Office Center shall notify Greg Mullins, a City Official. He shall inspect
the property and notify the Board of compliance.
However,upon failure to comply by July 16, 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.
4. Case No. 98-47, Magma Trading Corporation, (8200 Astronaut Boulevard),
Section 23, Township 24 South, Range 37 East, Parcel 286, Brevard County,
Florida -Violation of Section 34-97, Duties and Responsibilities for
Maintenance of the Cape Canaveral Code of Ordinances.
Mr. Mullins testified that the building was in need of cleaning and painting, the
flower box on the northwest side of the property needed to be weeded and
cleaned out, the fence panels along the east side needed to be replaced and
painted, the broken window repaired, and an old light pole base removed. Mr.
Mullins advised that he had met with Mr. Rich on this meeting date and Mr. Rich
had agreed to bring the property into compliance. Mr. Mullins requested that
the Board find this case in violation and impose a Board Order for a time certain
to comply. Mr. Mullins submitted photographs of the property (Exhibit A).
Brief discussion followed.
Code Enforcement Board
Meeting Minutes
June 18, 1998
Page 5
Motion by Ms. Boone, seconded by Mrs. Russell to find Case No. 98-47 in
violation as follows:
Finding of Fact: The building was in need of cleaning/painting from
mold / mildew and fading, the flower box on the northwest side of the
property needed to be weeded and cleaned out, the fence panels along the
east side needed to be replaced and painted, the broken window needed
to be repaired, and an old light pole base removed.
Conclusion of Law: Magma Trading Corporation was in violation of
Chapter 34, Section 34-97, Duties and Responsibilities for Maintenance of
the Cape Canaveral Code of Ordinances.
Order: Magma Trading Corporation shall comply with the
aforementioned Section of the City Code of Ordinances on or before July
16, 1998 by taking the following action:
The building needs to be cleaned and painted; the boundary wall along
the east end of the property needs to be repaired and painted; panels
missing throughout the fence need to be replaced; the flower box on the
northwest end needs to be weeded and cleaned out; the old light pole base
needs to be removed and wires capped off; and the broken window in the
rear needs to be replaced.
The Order shall further provide that upon compliance, Magma Trading
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 July 16, 1998, there shall be a fine of
$150.00 for the first day of non-compliance and $25.00 per day thereafter,
until the property is brought into compliance.
Should the violation reoccur, upon notification by the Code Enforcement
Officer, a fine shall be imposed in the amount $50.00 for each and every
day until the property is brought into compliance.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 18, 1998
Page 6
5. Case No. 98-48, Tom &Dawn Mortar, (101 Riverside Drive), Section 23,
Township 24 South, Range 37 East, Banyon Cove Re-plat, Lot 1, 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.
6. Case No. 98-49, Edmund Guido, (357 Imperial Boulevard), Section 15,
Township 24 South, Range 37 East, Parcel 819, Brevard County, Florida-
Violation of Section 34-181, Storing, Parking or Leaving on Private
Property of the Cape Canaveral Code of Ordinances.
Mr. Mullins submitted a photograph of the inoperable motor vehicle (Exhibit A).
It was noted that Mr. Edmund Guido had requested a hearing before the Board
but was not present at the meeting. Mr. Mullins verified that Mr. Guido was
notified of the meeting date and time. The Board members reviewed the
photograph.
Motion by Ms. Boone, seconded by Mr. Biederman to deny the appeal requested
by Mr. Guido and that the vehicle be removed pursuant to Section 34-181 of the
Cape Canaveral Code of Ordinances. Vote on the motion carried unanimously.
7. Case No. 98-50, Bill Barnes, (8570 Commerce Street), Section 15, Township
24 South, Range 37 East, Parcel 750, 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 a inoperable/untagged vehicle existed at 8570
Commerce Street and the owner of the vehicle had requested a hearing before
the Board. Mr. Mullins submitted a photograph of the vehicle (Exhibit A).
Mr. Barnes testified that he was trying to trade the vehicle for a newer car or
would donate it to charity. He voiced his opinion that he was being singled-out
because he had been unaware of the other vehicles that had been tagged by the
code enforcement officer.
Code Enforcement Board
Meeting Minutes
June 18, 1998
Page 7
Motion by Mr. Biederman, seconded by Mr. Ratliff to deny the Request for
Appeal in Case No. 98-50 and that the vehicle be removed pursuant to Section
34-181 of the Cape Canaveral Code of Ordinances. Vote on the motion carried
unanimously.
There being no further business, the meeting was adjourned at 8:27 P.M.
Approved on this 20 day of August , 1998.
Mary K. Russell
Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Secretary