HomeMy WebLinkAboutMinutes 10-21-1999CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
OCTOBER 21, 1999
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida, was held on October 21, 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
Donna Boone
Charles Biederman
Jeffrey Ratliff
MEMBERS ABSENT
Walter Godfrey
Karen Hartley
OTHERS PRESENT
Nick Bangos Assistant City Attorney
Greg Mullins Code Enforcement Officer
Susan Chapman Board Secretary
Greg Mullins, Code Enforcement Officer; Hans K. Saurenmann, Laura and
Daniel Mills, Bud Wideman, and Patrice Gibbs, citizens; were sworn in by
Attorney Bangos.
It was noted that the next meeting would be held on November 18, 1999. Mrs.
Russell asked the Board members to contact the Board Secretary if they were not
going to be able to attend the next scheduled meeting.
Code Enforcement Board
Meeting Minutes
October 21, 1999
Page 2
It was noted on page 4, last paragraph, that the name should be changed to Mr.
Wideman.
Motion by Ms. Boone, seconded by Mrs. Warner to approve the meeting minutes
of August 19, 1999 as amended. Vote on the motion carried unanimously.
COMPLIANCE HEARINGS:
1. Case No. 99-27,Wayne Buttencourt, (7521 Magnolia Avenue, Apt. #7),
Section 23, Township 24 South, Range 37 East, Avon by the Sea
Subdivision, Block 43, Lot 15 & 15.01, Brevard County, Florida -Violation
of Section 34-181,Storing,Parking 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. 99-13, Canaveral Bay Condo. 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, as
adopted by the City of Cape Canaveral.
Code Enforcement Officer Mullins recapped that this case had been tabled at the
previous meeting.
Mr. Wideman, representative for the Canaveral Bay Condominium Association,
testified that the door would be in tomorrow from Home Depot. He requested
that the installation be coordinated the Mr. Mullins for access to the unit. Mr.
Mullins agreed and requested that the tenant be given a one week notice for the
installation.
Mrs. Patrice Gibbs, tenant,clarified that she had let maintenance people in the
unit except for one time when they had arrived without previous notice and she
had to get to work. She advised that it was necessary for her to be home at the
time of the repairs because of her two dogs. Mr. Mullins repeated that he would
give Mr. Saurenmann a one week notice for a time certain for the installation.
Code Enforcement Board
Meeting Minutes
October 21, 1999
Page 3
Mr. Saurenmann, unit owner, requested a copy of the Home Depot contract;
copy of the payment for the door and installation; and a date when the door was
ordered by the Association. Mr. Saurenmann advised that the Association was
not in compliance and strongly urged that the Board take the necessary action,
unbiased to any person. Mr. Wideman submitted the requested information
entered as Exhibit A by the Board Secretary.
Motion by Mrs. Warner, seconded by Mr. Biederman to table Case No. 99-13
until the next scheduled meeting. Vote on the motion carried unanimously.
2. 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, Lost 1-3, 9 &10, Brevard County,Florida-Violation of Section 34-97,
Property Maintenance Standards Established of the Cape Canaveral Code
of Ordinances.
Mr. Mullins requested that the Board table this Case until the next meeting. He
submitted a letter from the manager of Circle K (Exhibit A) and photographs of
the property (Exhibit B). The Board members reviewed the exhibits. Brief
discussion followed. It was noted that Circle K had been notified of the violation
in August. Mr. Mullins verified that he had been in contact with Circle K who
informed him that due to miscommunication with the fence company, the fence
had not been repaired. He added that Circle K had ensured that the fence would
be repaired within three weeks.
Motion by Mrs. Warner, seconded by Ms. Boone to table Case No. 99-28 until the
next scheduled meeting. Vote on the motion carried unanimously.
3. Case No. 99-29,William & Eileen Roberge, (8706 Camelia Court),Section
14, Township 24 South, Range 37 East, Ocean Woods Subdivision, Stage
10, Lot 255, Brevard County, Florida-Violation of Chapter 82-146,
Adopted, 1994 Edition of the Standard Plumbing Code,Southern Building
Code Congress International, Inc., Chapter 11, Roof Drains, and Section
1102, Definitions of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this Case was in compliance.
Code Enforcement Board
Meeting Minutes
October 21, 1999
Page 4
4. Case No. 99-30, Kenneth Potsouire & Judy Garlick, (7521 Magnolia
Avenue, Unit #7), Section 23,Township 24 South, Range 37 East, Avon by
the Sea Subdivision, Block 43, Lots 15 & 15.01, 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.
5. Case No. 99-31, Jerry &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 and Maintenance of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this Case was not in compliance.
He advised that the west wall of the building exterior needed to be cleaned and
painted. Mr. Mullins submitted a letter from Mr. Sales (Exhibit A) and
photographs of the property (Exhibit B). The Board members reviewed the
entered exhibits. Mr. Mullins requested that the Board establish a Board Order
for a time certain to bring this property into compliance. Mrs. Mills, adjacent
neighbor, advised that she and her husband had asked Mr. Sales to paint the wall
back in April and had offered to paint the wall free of charge. Mr. Sales had
declined the offer. Chairperson Russell commented that Mr. and Mrs. Mills have
been more than patient. Mr. Mullins advised that the wall was pressure cleaned,
however, it remained to be painted. Brief discussion followed.
Motion by Mrs. Warner, seconded by Mr. Biederman to find Case No. 99-31 in
violation as follows:
Findings of Fact: The exterior west side wall needs to be painted.
Conclusion of Law: Jerry & Joyce Sales is in violation of Chapter 34,
Environment,Section 34-98 (4), Building Appearance & Maintenance of
the Cape Canaveral Code of Ordinances.
Order: Jerry & Joyce Sales shall comply with the aforementioned Section
of the City Code of Ordinances on or before November 17, 1999 by taking
the following action: Paint the exterior west wall.
Code Enforcement Board
Meeting Minutes
October 21, 1999
Page 5
The Order shall further provide that upon completion,Jerry &Joyce Sales
shall notify Greg Mullins, a City Official. He shall inspection the property
and notify the Board of compliance. However, upon failure to comply by
November 17, 1999, there shall be a fine of $200.00 for the first day of non-
compliance and $100.00 per day thereafter, until the property is brought
into compliance,which shall include all costs for fees incurred by City
staff. Should the violation reoccur, upon notification by the Code
Enforcement Officer, a fine shall be imposed in the amount of $100.00 for
each and every day until the property is brought into compliance.
Vote on the motion carried unanimously, as amended.
6. 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 partial
compliance. He advised that the owners reside in Philadelphia and Mrs. Metee
was ill with cancer. Mr. Mullins submitted a contract (Exhibit A) from Mr.
Szapor who the owners hired to make the necessary repairs and photograph of
the pool area (Exhibit B). The Board members reviewed the exhibits. Mr.
Mullins advised that the pool cover needed to be removed and cleaned because
of the stagnant water sitting on top of it posed a health hazard if not done.
Chairperson Russell commented that this was a re-occurring violation and
suggested that the Metee's hire a property maintenance person. Mr. Mullins
stated that he had made that suggestion many times. Mr. Mullins requested that
this Case be tabled until the next meeting to allow Mr. Szapor more time to bring
the property into compliance. Brief discussion followed.
Motion by Ms. Boone, seconded by Mr. Ratliff to table Case No. 99-32 until the
next scheduled meeting. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
October 21, 1999
Page 6
There being no further business, the meeting was adjourned at 8:12 P.M.
Approved on this 18th day of November , 1999.
Mary K. Russell
Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary