HomeMy WebLinkAboutMinutes 03-19-1998CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
MARCH 19, 1998
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida, was held on March 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
Walter Godfrey
Donna Boone
Karen Hartley
Charles Biederman
MEMBERS ABSENT
Carol Warner Vice Chairperson
OTHERS PRESENT
Kohn Bennett City Attorney
Greg Mullins Code Enforcement Officer
Sandra Sims City Clerk
Greg Mullins, Code Enforcement Officer and Randell Johnson, citizen were
sworn in by Attorney Goldman.
It was noted that the next meeting would be held on April 23, 1998.
Motion by Mr. Biederman, seconded by Ms. Boone to approve the meeting
minutes of February 19, 1998. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
March 19, 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 this case was not in compliance
with the Board Order. He submitted a photograph of the sign (Exhibit A).
Mr. Mullins testified that he had attempted many times to speak with Mr.
Theisen since the previous Board meeting with no success. Mr. Theisen had only
contacted him on the date of this meeting. Mr. Theisen had informed him that he
was in the process of contracting a sign company to take the top of the sign down
and having a new one mounted and installed. Mr. Mullins informed him that
the new sign would require approval from the Community Appearance Board
and that a building permit was required. Mr. Mullins noted that the original
compliance date was January 15, 1998 and Mr. Theisen was fully aware of the
Board Order imposing a daily fine if the sign was not in compliance as of March
12, 1998. Brief discussion followed.
Motion by Chairperson Russell, seconded by Mr. Godfrey, to find Case No.
98-02 in non-compliance with the Board Order. 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 the vehicles had not been
removed from the property and that this case was not in compliance. He
submitted photographs of the three vehicles in violation (Exhibit A). He advised
that Mr. Johnson's compliance date was March 12, 1998.
Code Enforcement Board
Meeting Minutes
March 19, 1998
Page 6
1. Cut and maintain the grass below the six inch requirement; fix the
broken window; repair the fence and gate; and properly maintain
the property.
2. Fix the flat tires and maintain the vehicle in an operable state or
remove the vehicle from the property.
Upon complying, Peter Nativo shall notify Greg Mullins, a City Official.
He shall inspect the property and notify the Board of compliance.
Should Peter Nativo fail to comply on or before April 16, 1998 with the
above Order and the Code Enforcement Officer finds that he is still in
violation, then a fine shall be levied in the amount of $100.00 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 by the Code Enforcement
Officer, a fine shall be imposed in the amount of$50.00 per day, until the
property is brought into compliance.
Mr. Godfrey moved to amend the main motion to change the reoccurring fine to
$50.00 per day. The amendment was seconded by Mr. Biederman. Vote on the
amendment carried by majority (4-1) with Ms. Boone voting against the
amendment. The vote on the main motion carried unanimously.
There being no further business, the meeting was adjourned at 8:27 P.M.
Approved on this 23 day of April , 1998.
Mary K. Russell
Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary