HomeMy WebLinkAboutMinutes 02-19-1998CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
FEBRUARY 19, 1998
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida, was held on February 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
Donna Boone
Karen Hartley
Charles Biederman
MEMBERS ABSENT
Carol Warner Vice Chairperson
Walter Godfrey
OTHERS PRESENT
Burt Bruns Council Member
Mitch Goldman Assistant City Attorney
Greg Mullins Code Enforcement Officer
Susan Chapman Board Secretary
Greg Mullins, Code Enforcement Officer and Marian McQuad, citizen were
sworn in by Attorney Goldman.
It was noted that the next meeting would be held on March 19, 1998.
Motion by Mr. Godfrey, seconded by Mr. Biederman to approve the meeting
minutes of January 22, 1998. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
February 19, 1998
Page 2
COMPLIANCE HEARINGS:
1. Case No. 97-47, Thomas Collins, C/O Rick Kopitas, (145 E. Central Blvd.),
Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens,
Block 3, Lots 12.01 & 13, Brevard County, Florida - Violation of Sections
110-106, Permits; 110-337, Minimum Setbacks; and 110-193, Non-
Conforming Structures of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
PUBLIC HEARINGS:
1. Case No. 98-07, Randell Johnson, (7603 Poinsetta Avenue), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 36,
Lot 16, Brevard County, Florida - Violation of Chapter 34, Environment;
Section 34-181, Storing, Parking or Leaving on Private Property of the
Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that there existed three inoperable
and untagged motor vehicles upon the property. The Board members viewed
photographs of the vehicles (Exhibits A & B). He advised that Mr. Johnson had
requested the Board grant him an extension of time to comply. Mr. Mullins
explained that Mr. Johnson already had over 90 days to bring his property into
compliance. Mr. Mullins requested that the Board find Mr. Johnson in violation
and impose a time certain for Mr. Johnson to bring his property into compliance.
Brief discussion followed.
Motion by Ms. Boone, seconded by Mr. Biederman to find Case No. 98-07 in
violation of the Cape Canaveral Code of Ordinances as follows:
Findings of Fact: Three inoperable and untagged motor vehicles existed
upon the property.
Conclusion of Law: Randell Johnson was in violation of Chapter 34,
Environment; Section 34-181, Storing, Parking or Leaving on Private
Property of the Cape Canaveral Code of Ordinances.
Code Enforcement Board
Meeting Minutes
February 19, 1998
Page 3
Order: That Randell Johnson comply with the aforementioned Sections of
the City Code on or before March 12, 1998 by taking the following action:
Register, tag and maintain the vehicles in an operable state or remove the
vehicles from the property.
Upon complying, Randell Johnson shall notify Greg Mullins, a City
Official. He shall inspect the property and notify the Board.
Should Randell Johnson fail to comply on or before March 12, 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.
Vote on the motion carried unanimously.
2. Case No. 98-09, Sydney Carroll, Sub-Pressure Cleaning, (203 Chandler
Avenue, Apt. 7), Section 14, Township 24 South, Range 37 East, Cape
Canaveral Beach Gardens Subdivision, Block B, Lot 3, Brevard County,
Florida - Violation of Section 70-74, License Year; Tax Payment Date;
Term of License; Proration of Tax and 70-75, Penalty for Failure to Obtain
or Renew License.
Code Enforcement Officer Mullins testified that this case was in compliance.
3. Case No. 98-10, Frank Morgan, Mighty Moe Production, (8010 N. Atlantic
Avenue, Ste. 11), Section 23, Township 24 South, Range 37 East, Avon by
the Sea Subdivision, Block 13, Lots 9 & 10, Brevard County, Florida -
Violation of Sections 70-74, License Year; Tax Payment Date; Term of
License; Proration of Tax; and 70-75, Penalty for Failure to Obtain or
Renew License of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
Code Enforcement Board
Meeting Minutes
February 19, 1998
Page 4
4. Case No. 98-11, David &Clayton Schweer, Rapid Prototype, (321 Johnson
Avenue, Apt. A-8), Section 23, Township 24 South, Range 37 East, Avon
by the Sea, Block 75, Lot 5, Brevard County, Florida -Violation of Sections
70-74, License Year; Tax Payment Date; Term of License; Proration of Tax;
and 70-75, Penalty for Failure to Obtain or Renew License of the Cape
Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
5. Case No. 98-12, Jodi Fitzpatrick Cleaning, (238 Chandler Street, Apt. 102),
Section 14, Township 24 South, Range 37 East, Cape Canaveral Beach
Gardens, Block 4, Lot 11.01-11.07, Brevard County, Florida - Violation
Sections 70-74, License Year; Tax Payment Date; Term of License;
Proration of Tax; 70-75, Penalty for Failure to Obtain or Renew License of
the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
6. Case No. 98-13, James Tyson, Shad-N-Shelter Tent Co., (8911 N. Atlantic
Avenue, Lot 2), Section 14, Township 24 South, Range 37 East, Parcels
251.2 & 258.1, Brevard County, Florida - Violation of Sections 70-74,
License Year; Tax Payment Date; Term of License; Proration of Tax; and
70-75, Penalty for Failure to Obtain or Renew License of the Cape
Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
7. Case No. 98-14, William Moulton, Dealer Income Services, (200
International Drive, Unit 908), Section 23, Township 24 South, Range 37
East, Parcels 283 & 285, Brevard County, Florida - Violation of Sections
70-74, License Year; Tax Payment Date; Term of License; Proration of Tax;
and 70-75, Penalty for Failure to Obtain or Renew License of the Cape
Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
Code Enforcement Board
Meeting Minutes
February 19, 1998
Page 5
8. Case No. 98-15, Arthur Goodlick, Sub-Painting, (218 W. Longpoint Road),
Section 22, Township 24 South, Range 37 East, Long Point Subdivision,
Block A, Lot 5, Brevard County, Florida-Violation of Sections 70-74,
License Year;Tax Payment Date; Term of License; Proration of Fax ; and
70-75, Penalty for Failure to Obtain or Renew License of the Cape
Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
9. Case No. 98-16, David Van Beuren, Sub-Painting, (8817 N. Atlantic
Avenue, Lot 22),Section 14, Township 24 South, Range 37 East, Westons
Subdivision, Parcel A, Brevard County, Florida-Violation of Sections 70-
74, License Year;Tax Payment Date;Term of License; Proration of Tax;
and 70-75, Penalty for Failure to Obtain or Renew License of the Cape
Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
10. Case No. 98-17, Benny Caires, (8110 Canaveral Boulevard, Apt. 5),Section
14, Township 24 South, Range 37 East, Canaveral Beach Gardens, Block 3,
Lot 2.01, 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.
11. Case No. 98-18, Magma Trading Corporation, (307 Adams Avenue),
Section 23, Township 24 South, Range 37 East, Avon by the Sea
Subdivision, Block 9, Lots 3-5, 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 advised that there existed four inoperable and
untagged vehicles, located throughout the parking lot, at 307 Adams Avenue
(Avon Arms). Mr. Mullins submitted photographs of the vehicles (Exhibits A &
B).
Code Enforcement Board
Meeting Minutes
February 19, 1998
Page 6
Ms. Marion McQuad, resident manager testified that she was aware of the
inoperable vehicles, however, Avon Arms did not have a towing contractor and
she did not want to take responsibility for signing the towing slips.
She advised that all of the vehicles belonged to renters and not owners. Ms.
McQuad advised that she had contacted the Mayor and requested a letter from
the City to assist her in approaching the tenants with this matter. Chairperson
Russell explained that it was her duty as property manager to ensure that the
property is properly maintained and complies with the rules and regulations of
the city. Chairperson Russell added that Ms. McQuad would receive a letter in
the form of a Code Enforcement Board Order with a time certain to comply.
Chairperson Russell explained that the City currently did not have a towing
contract and therefore, property owners needed to arrange for private towing.
Brief discussion followed.
Motion by Ms. Hartley, seconded by Ms. Boone to find Case No. 98-18 in
violation as follows:
Findings of Fact: Four inoperable and untagged motor vehicles existed
upon the property.
Conclusion of Law: Magma Trading Corporation was in violation of
Chapter 34, Environment; Section 34-181, Storing, Parking or Leaving on
Private Property of the Cape Canaveral Code of Ordinances.
Order: Magma Trading Corporation shall comply with the
aforementioned Section of the City Code of Ordinance on or before March
12, 1998 by taking the following action: Register, tag and maintain the
vehicles in an operable state or remove the vehicles from the property.
Upon complying, Magma Trading Corporation shall notify Greg Mullins,
a City Official. He shall inspect the property and notify the Board of
compliance.
Code Enforcement Board
Meeting Minutes
February 19, 1998
Page 7
Should Magma Trading Corporation fail to comply on or before March 12,
1998 with the above Order and the Code Enforcement Officer finds that
they are still in violation, then a fine shall be levied in the amount of
$100.00 per vehicle, for the first day of non-compliance and $25.00 per day
thereafter, per vehicle, 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 $25.00 per day, per
vehicle, until the property is brought into compliance.
Vote on the motion carried unanimously.
12. Case No. 98-19, Time Warner Cable, (210 Center Street), Section 22,
Township 24 South, Range 37 East, Loma Linda University Survey, Parcel
T, Brevard County, Florida -Violation of Sections 94-31, Sign Permit
Required; and 94-35, Fees of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this case was in compliance.
13. Case No. 98-20, American Boom & Barrier, (7077 N. Atlantic Avenue),
Section 23, Township 24 South, Range 37 East, Loma Linda University
Subdivision, Parcels D & K, Brevard County, Florida - Violation of
Sections 110-106, Permit Required; 82-31, Building Code; and 82-32,
Amendments of the Cape Canaveral Code of Ordinances, as adopted by
the Southern Building Code Congress International, 1994 Edition,
Standard Building Code.
Code Enforcement Officer Mullins testified that this case was in compliance.
14. Case No. 98-21, Flirt Catalog Sales, (151 Center Street, Ste. 201), Section 23,
Township 24 South, Range 37 East, Loma Linda University Subdivision,
Parcels D & K, Brevard County, Florida - Violation of Sections 70-67,
Occupational License Tax Levied; 70-68, Violation & Penalty; 70-69,
License Required; Payment of Tax Prerequisite to Issuance of the Cape
Canaveral Code of Ordinances.
Code Enforcement Board
Meeting Minutes
February 19, 1998
Page 8
Code Enforcement Officer Mullins testified that this case was in compliance.
15. Case No. 98-22, Supra Color Enterprises, (6615 N. Atlantic Avenue),
Section 23, Township 24 South, Range 37 East, Parcel 514, Brevard County,
Florida - Violation of Sections 110-106, Permits Required; 82-31, Building
Code; and 82-32, Amendments as adopted by the 1994 Edition of the
Southern Building Code Congress International, Standard Building Code.
Code Enforcement Officer Mullins explained that alterations had been performed
on the commercial property without the required permit, construction plans,
plan review and by unlicensed individuals. He advised that a licensed
contractor had provided the required plans and applied for the necessary permit,
after the fact. Therefore, this case was in compliance.
There being no further business, the meeting was adjourned at 8:18 P.M.
Approved on this 19th day of March , 1998.
Mary K. Russell
Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary