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HomeMy WebLinkAboutMinutes 11-18-1999CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 18, 1999 7:30 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on November 18, 1999, 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 Charles Biederman Karen Hartley Walter Godfrey Jeffrey Ratliff MEMBERS ABSENT Donna Boone OTHERS PRESENT Burt Bruns Council Member Mitch Goldman Acting City Attorney Greg Mullins Code Enforcement Officer Susan Chapman Board Secretary Greg Mullins, Code Enforcement Officer; Hans and Marianne Saurenmann, citizens; were sworn in by Attorney Goldman. It was noted that the next regularly scheduled meeting would be canceled due to the Christmas holiday and therefore, the next meeting would be held on January 20, 1999. Motion by Mr. Biederman, seconded by Mrs. Warner to approve the meeting minutes of October 21, 1999. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 18, 1999 Page 2 COMPLIANCE HEARINGS: 1. Case No. 99-13, Canaveral Bay Condominium Association, (200 International Drive, Unit#202), Section 22, Township 24 South, Range 37 East, parcel 297-300.3, Brevard County, Florida-Violation of the 1997 Standard Housing Code, Southern Building Code Congress International Chapter 3, Section 305.12, Exterior Door Frames of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance as of November 2, 1999. Chairperson Russell noted that there was no one present to represent Canaveral Bay Condominium Association. A discussion ensued regarding the imposed fine. Attorney Goldman pointed out that no one from the Association had requested a reduction of the fine. He advised that if the fine was imposed and the lien recorded, it would cloud every property owners title. Mr. Saurenmann advised that there were 120 unit owners. Mr. Sauremann requested that the Board treat everyone the same and noted that it had taken him (3) years to bring his property into compliance. He requested that the Board impose the fine. Chairperson Russell pointed out that the action to bring this property into compliance did not occur very quickly due to gaining access to the unit and the door being a special order. Discussion continued. Chairperson Russell queried Mr. Saurenmann if he knew the status of the Association reserve account. Mr. Saurenmann answered that there were no financial records kept for years, as of 1998 there was $27,000. He offered to provide a financial statement. Discussion continued. Chairperson Russell closed the Hearing for further public comment. Code Enforcement Officer Mullins testified that the door was ordered by the Association from Home Depot on October 15th and installed on November 2nd. He explained that the Association had thought they had performed the required repairs in June, however, he had made an inspection of the property and found that the repairs were not satisfactory to comply with the violation. The Board members reviewed documents to reconstruct time-frames for unit access, installation of the door, and dates of correspondence and Board meetings regarding this case. The Board members reviewed a letter from the Association's attorney, dated June 17th requesting a postponement of the public hearing until the July meeting due to insufficient notice. Mr. Mullins submitted the photographs of the door and door frame, dated August 19th, which were entered as an exhibit at the August Board meeting. Code Enforcement Board Meeting Minutes November 18, 1999 Page 3 The Board further reviewed a "Customer Payment" receipt from Home Depot which included a customer agreement for the special order of the door and the installation. After reviewing the documents and ensuing discussion, the Board concluded that no work had been performed by the Association to bring this case into compliance between the dates of June 17th through August 19th; and that the Association ordered the door on October 15th and installed it on November 2nd. Discussion was held regarding finding the property in compliance and the imposition of the imposed fine. Attorney Goldman clarified that the Board could find the case in compliance and table the imposition of the fine until the next scheduled meeting to afford the Association an opportunity to comment at the next meeting. Attorney Goldman further clarified that the imposed fine had continued accruing until the property was found in compliance by Code Enforcement Officer Mullins on November 2, 1999 as per the Board Order because the Board did not hold the fine in abeyance when they tabled a request for postponement of a rehearing by the Association at the meeting held on July 22, 1999. Brief discussion followed. Chairperson Russell asked the code enforcement officer to contact the Canaveral Bay Condominium Association and request that a representative be present at the next meeting. Motion by Mrs. Warner, seconded by Mr. Godfrey to find Case No. 99-13 in compliance as of November 2, 1999 and table the levying of the imposed fine until after the Board has the opportunity to restructure the case at the next scheduled meeting. Vote on the motion carried unanimously. 2. Case No. 99-31, Terry &Joyce Sales, (7255 Poinsetta Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 56, Lots 8 &16, Brevard County, Florida -Violation of Section 34-98, Building Appearance & maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this Case was in partial compliance. He advised that only three-quarters of the wall had been painted. He further advised that the wall was painted by Mayor Randels as a volunteer project. Discussion followed. Motion by Mrs. Warner, seconded by Mr. Biederman to extend the compliance date in Case No. 99-31 until Monday, November 22, 1999. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes November 18, 1999 Page 4 PUBLIC HEARINGS: 1. Case No. 99-28, Circle K Stores, Inc., (7700 N. Atlantic Avenue),Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 31, Lots 1-3, 9-10, Brevard County, Florida -Violation of Section 34-97, property Maintenance Standards Established of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this Case was in compliance. 2. Case No. 99-32, Thomas &Helen Metee, (218 Jackson Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 26, 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 this Case was in compliance with this violation, however, additional violations did exist upon the property which would need to be addressed separately. 3. Case No. 99-33, Harry Carswell &W. Meadlock-Nancy Carswell, Representative (201-215 Washington Avenue), Block 2, Lots 1-4, Avon by the Sea Subdivision, Brevard County, Florida-Violation of Section 34-97, Duties and Responsibilities for Maintenance. Code Enforcement Mullins testified that a large tree which was either dead or dying and its branches were creating a health and safety hazard. He advised that Ms. Carswell had problems finding a contractor to remove the large tree but did find a contractor as of this meeting date. Due to the hazard, Mr. Mullins requested that the Board impose an Order and establish a time certain to comply with the violation. Brief discussion followed. Motion by Mrs. Warner, seconded by Mr. Godfrey to find Case No. 99-33 in violation of the Cape Canaveral Code of Ordinances as follows: Code Enforcement Board Meeting Minutes November 18, 1999 Page 5 Findings of Fact: A dead/dying tree and its branches are creating a health and safety hazard. Conclusion of Law: Harry Carswell & W. Meadlock are in violation of Section 34-97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Order: Harry Carswell & W. Meadlock shall comply with the aforementioned Section of the City Code of Ordinances on or before December 23, 1999 by taking the following action: Remove the tree or have it kept in a state as not to constitute a hazard to life or property. The Order shall further provide that upon compliance, Harry Carswell and W. Meadlock shall notify Greg Mullins, a city official. The city official shall then inspect the property and notify the Board. However, upon failure to comply by December 23, 1999 there shall be a fine of $100.00 for the first day of non-compliance and $25.00 per day thereafter, until compliance, which shall include all costs for fees incurred by city staff. Should the violation reoccur upon notice by the Code Enforcement Officer, a fine shall be imposed in the amount of $100 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 8:48 P.M. Approved on this 20th day of January , 2000. Mary K. Russell Mary K. Russell, Chairperson Susan L. Chapman Susan L. Chapman, Board Secretary