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HomeMy WebLinkAboutMinutes 04-23-1998CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 23, 1998 7:30 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida,was held on April 23, 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 Walter Godfrey Donna Boone Karen Hartley Charles Biederman OTHERS PRESENT Mitch Goldman Assistant City Attorney Greg Mullins Code Enforcement Officer Susan Stills Deputy City Clerk Greg Mullins, Code Enforcement Officer; John Hannifan, Marie Kellem and Kishor Pathare, citizens were sworn in by Attorney Goldman. It was noted that the next meeting would be held on May 21, 1998. Motion by Mr. Godfrey, seconded by Ms. Boone to approve the meeting minutes of March 19, 1998. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 23, 1998 Page 2 COMPLIANCE HEARINGS: 1. Case No. 98-02, Theisen Development Corp., (8150 Astronaut Blvd.), Section 23, Township 24 South, Range 37 East, Parcel 254.1, Brevard County, Florida -Violation of Section 94-64, Criteria and Standards for Measurement and Placement, and Section 94-7, Conformance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that the non-conforming portion of the sign had been removed however, the sign poles remained. Discussion followed. Motion by Ms. Boone, seconded by Mrs.Warner to find Case No. 98-02 in compliance. Vote on the motion carried unanimously. 2. Case No. 98-07, Randell Johnson (7603 Poinsetta Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 36, Lot 16, Brevard County, Florida-Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 3. Case No. 98-24, Jeffery Kellum, (8910 Coquina Lane), Section 14, Township 24 South, Range 37 East, Brevard County, Florida -Violation of Section 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in partial compliance. He explained that the inoperable motor vehicle had been removed however, a boat and boat trailer remained on the premises that was not registered. Marie Kellum explained that the trailer had a broken axle and she was waiting for her mechanic to replace it. Ms. Kellum requested that the Board grant her a two week extension to comply. Brief discussion followed. Motion by Mrs. Warner, seconded by Mr. Godfrey to extend the compliance date in Case No. 98-24 until May 8, 1998. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 23, 1998 Page 3 COMPLIANCE HEARINGS-CONTINUED: 4. Case No. 98-26, Peter Nativo, (241 Cherie Down Lane), Section 14, Township 24 South, Range 37 East, Beach Park Village, Lot 8, Brevard County, Florida-Violation of Sections 34-97, Duties and Responsibilities for Maintenance and 34-181, Storing, Parking or Leaving on Private Property of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. PUBLIC HEARINGS: 1. Case No. 98-27, McDonalds Corporation, (8780 Astronaut Blvd.), Section 15, Township 24 South, Range 37 East, Parcel 750, 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. 98-28, The Canaveral Corporation, (8952 N. Atlantic Avenue & 8901 N. Atlantic Avenue) -Section 14,Township 24 South, Range 37 East, Parcels 250 & 269, Brevard County, Florida-in Violation of Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that 8952 N. Atlantic Avenue was in compliance however, the property located at 8901 N. Atlantic Avenue needed painting and general maintenance as outlined in the notice of violation. Brief discussion followed. Motion by Mrs. Warner, seconded by Ms. Boone to find Case No. 98-28 in violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact: The building had not been painted, the doors were not repaired, vegetation needed trimming around the building and property, and the address numbers had not been posted upon the building. Code Enforcement Board Meeting Minutes April 23, 1998 Page 4 Conclusion of Law: The Canaveral Corporation was in violation of Chapter 34, Environment; Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Order: The Canaveral Corporation shall comply with the aforementioned Section of the City Code of Ordinances on or before June 11, 1998 by taking the following action: 1. Paint the building. 2. Repair the doors. 3. Trim the vegetation and properly maintain the property. 4. Post the address upon the building. Upon complying, The Canaveral Corporation shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board. Should The Canaveral Corporation fail to comply on or before June 11, 1998 with the above Order and the Code Enforcement Board finds that they are still in violation, then a fine shall be levied in the amount of $50.00 per day, for the first day of non-compliance and $25.00 per day thereafter, for each and every day the violation exists and continues to exist, plus any fees for costs incurred by City staff. Should the violation reoccur, upon notification of the Code Enforcement Officer a fine shall be imposed in the amount of $50.00 per day,for each and every day thereafter, until the property is brought into compliance. Vote on the motion carried unanimously. 3. Case No. 98-29, Joan Marie Brown, (201 Harbor Drive), Section 14, Township 24 South, Range 37 East, Harbor Heights 1st Addition, Parcel 256, Brevard County, Florida-Violation of Section 82-371, Posting and Specification of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. Code Enforcement Board Meeting Minutes April 23, 1998 Page 5 4. Case No. 98-30, Greenfield Auto Repair, (8700 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 751, Brevard County, Florida -Violation of Section 110-352, Principle Uses and Structures of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that Greenfield Auto Repair had been displaying and advertising vehicles for sale on an adjacent property. He advised that this case was in compliance however, he requested that the Board impose an order should the violation reoccur. Motion by Mr. Godfrey, seconded by Mr. Biederman to find Case No. 98-30 in compliance as follows: Findings of Fact: Vehicles had been displayed for sale. Conclusion of Law: Greenfield Auto Repair was found in compliance of Section 110-352, Principal Uses and Structures of the Cape Canaveral Code of Ordinances. Order: Should the violation reoccur, upon notification by the Code Enforcement Officer, a fine shall be imposed in the amount of$100.00 per day, until the property is brought into compliance. Vote on the motion carried unanimously. 5. Case No. 98-31, Wade Miller, (8417 Rosalind Avenue), Section 14, Township 24 South, Range 37 East, Cape Canaveral Beach Gardens, Block B, Lot 13, 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 the wooden fence along the west end of the property was in need of repairs and plywood pieces nailed on the exterior of the fence was causing a blighting effect to the neighboring property. The Board members reviewed a photograph of the property (Exhibit A). Brief discussion followed. Code Enforcement Board Meeting Minutes April 23, 1998 Page 6 Motion by Mrs.Warner, seconded by Ms. Boone to find Case No. 98-31 in violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact: The plywood on the exterior of the fence has created a blighted effect upon neighboring property. Conclusion of Law: Wade Miller was in violation of Section 34-97, Duties and Responsibilities of the Cape Canaveral Code of Ordinances. Order: Wade Miller shall comply with the aforementioned Section of the City Code of Ordinances on or before May 15, 1998 by taking the following action: Remove the exterior plywood, replace broken slats and supports, and maintain the fence in a state of good repair. Upon complying,Wade Miller shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board. Should Wade Miller fail to comply on or before May 15, 1998 with the above Order and the Code Enforcement Board finds that he is still in violation, then a fine shall be levied in the amount of $50.00 per day, for the first day of non-compliance and $25.00 per day thereafter,for each and every day the violation exists and continues to exist, plus any fees for costs incurred by City staff. Should the violation reoccur, upon notification of the Code Enforcement Officer a fine shall be imposed in the amount of $100.00 per day, for each and every day thereafter, until the property is brought into compliance. Vote on the motion carried unanimously as amended. 6. Case No. 98-32, Circle K, (8797 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcel A-8, 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 in compliance. Code Enforcement Board Meeting Minutes April 23, 1998 Page 7 7. Case No. 98-33, Brian Brown, (7666 Orange Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, Block 38, Lot 1, Brevard County, Florida-Violation of Section 110-106, Permits Required and Section 110-468, Accessory Structures of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that a storage utility shed had been constructed upon the property without a required building permit, construction plans or legal survey of the property. Mr. Brown advised that he was moving within a few weeks and the shed would be removed at that time. Code Enforcement Officer Mullins requested that this case be tabled until the next meeting. Motion by Mr. Godfrey, seconded by Mrs. Warner to table Case No. 98-33 until the next meeting. Vote on the motion carried unanimously. 8. Case No. 98-34, Tony Greendale, (8911 N. Atlantic Avenue, Lot #66), Section 14, Township 24 South, Range 37 East, Parcel 251.2, Brevard County, Florida -Violation of Section 110-469,Visibility at Intersections of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that a boat was being stored within the visibility triangle at the intersection access upon the property. He submitted a photograph of the boat (Exhibit A). Mr. Greenwell had informed Mr. Mullins that he was selling the boat and that it should be removed prior to the next meeting. Brief discussion followed. Motion by Ms. Boone, seconded by Mrs.Warner to find Case No. 98-34 in violation as follows: Findings of Fact: A boat was parked within the 25 ft. visibility triangle. Conclusion of Law: Tony Greenwell was in violation of Section 110-469, Visibility at Intersection of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes April 23, 1998 Page 8 Order: Tony Greenwell shall comply with the aforementioned Section of the City Code of Ordinances on or before May 15, 1998 by taking the following action: Relocate the boat to an approved location or remove the boat. Upon complying, Tony Greenwell shall notify, a City Official. He shall inspect the property and notify the Board. Should Tony Greenwell fail to comply on or before May 15, 1998 with the above Order and the Code Enforcement Board finds that he is still in violation, then a fine shall be levied in the amount of $100.00 per day, for the first day of non-compliance and $25.00 per day thereafter, for each and every day the violation exists and continues to exist, plus any fees for costs incurred by City staff. Should the violation reoccur, upon notification of the Code Enforcement Officer a fine shall be imposed in the amount of $25.00 per day, for each and every day thereafter, until the property is brought into compliance. Vote on the motion carried unanimously as amended. 9. Case No. 98-35, Southland Corporation(7-11), (8400 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens, Block 3, Lot 1, 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. 10. Case No. 98-36, Lawrence & Lucinda Goodwin, (108 Oak Lane), Section 14, Township 24 South, Range 37 East, Parcel A-9, Brevard County, Florida -Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. Code Enforcement Board Meeting Minutes April 23, 1998 Page 9 11. Case No. 98-37, Kishor Pathare, (299 Chandler Street), Section 14, Township 24 South, Range 37 East, Key Shore replat of Block B, Canaveral Beach Gardens, 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 the building was in need of painting and the roof tiles throughout the building were missing and needed to be replaced. Mr. Pathare testified that he had painted the building approximately four years ago at a great expense; 10% of his income was used for repairs; he planned to replace the roof tiles with shingles; and it would be financially difficult to replace the fence. Mr. Mullins advised that the existing fence could be repaired at a reasonable expense. Mr. Pathare requested that the Board allow him at least 60 days to comply with the violations. Brief discussion followed. Motion by Ms. Boone, seconded by Mrs. Warner to find Case No. 98-37 in violation of the Cape Canaveral Code of Ordinances as follows: Findings of Fact The building was not painted, shingles were missing from the roof, and the fence was in a state of disrepair. Conclusion of Law: Kishor Pathare was in violation of Section 34-98, Building Appearance and Maintenance, Paragraph (4) of the Cape Canaveral Code of Ordinances. Order: Kishor Pathare shall comply with the aforementioned Section of the City Code of Ordinances on or before July 13, 1998 by taking the following action: 1. Paint the building. 2. Replace the missing roof shingles. 3. Repair or remove the fence. Upon complying, Kishor Pathare shall notify, a City Official. He shall inspect the property and notify the Board. Code Enforcement Board Meeting Minutes April 23, 1998 Page 10 Should Kishor Pathare fail to comply on or before July 13, 1998 with the above Order and the Code Enforcement Board finds that he is still in violation, then a fine shall be levied in the amount of $125.00 per day, for the first day of non-compliance and $25.00 per day thereafter, for each and every day the violation exists and continues to exist,plus any fees for costs incurred by City staff. Should the violation reoccur, upon notification of the Code Enforcement Officer a fine shall be imposed in the amount of $25.00 per day, for each and every day thereafter, until the property is brought into compliance. Vote on the motion carried unanimously as amended. There being no further business, the meeting was adjourned at 9:21 P.M. Approved on this 21st day of May , 1998. Mary K. Russell Mary K. Russell, Chairperson Susan L. Chapman Susan L. Chapman, Board Secretary