HomeMy WebLinkAboutMinutes 06-17-1999CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
JUNE 17, 1999
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida,was held on June 17, 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
Walter Godfrey
Donna Boone
Charles Biederman
Jeffrey Ratliff
MEMBERS ABSENT
Carol Warner Vice Chairperson
Karen Hartley
OTHERS PRESENT
Mitch Goldman Assistant City Attorney
Greg Mullins Code Enforcement Officer
Susan Chapman Board Secretary
Hans and Marianne Saurenmann, citizens; and Greg Mullins, Code Enforcement
Officer were sworn in by Attorney Goldman.
It was noted that the next meeting would be held on July 22, 1999.
Code Enforcement Board
Meeting Minutes
June 17, 1999
Page 2
PUBLIC HEARINGS:
1. Case No. 99-12, Ocean Carpets, Inc., (8555 Astronaut Boulevard), Section
15, Township 24 South, Range 37 East, Parcel 761, Brevard County, Florida
-Violation of Section 94-31, Permits Required of the Cape Canaveral Code
of Ordinances.
Code Enforcement Mullins testified that he was waiting for clarification from the
Building Official regarding the necessity for engineering of the sign pertaining to
windloads. He advised that the owner of the property contacted him on this
meeting date and offered to remove the sign if engineering was required or
would obtain the engineering if required by the Building Official. Mr. Mullins
respectively requested that the Board table this case until the next meeting.
Motion by Mr. Godfrey, seconded by Ms. Boone to table Case No. 99-12 until the
next scheduled meeting. Vote on the motion carried unanimously.
2. 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,
Section 305.12, Exterior Door Frames as Adopted by the City of Cape
Canaveral Code of Ordinances.
Mr. Mullins testified that repairs had been made by the Canaveral Bay
Condominium Association that were not acceptable to City standards. He
submitted photographs of the repair (Exhibit A). He advised that the door and
door frame assembly needed to be replaced. Mr. Mullins submitted a letter
from the Association's attorney and advised that the attorney was requesting that
the Board table this case due to lack of meeting notice. Mr. Mullins pointed out
that the Association had received a notification of the violation on or about April
28, 1999 and the Official Notice of Violation on June 4, 1999 informing the
Association that if the required repairs were not made on or before June 17, 1999,
the case would be presented to the Code Enforcement Board at 7:30 p.m. on June
17, 1999. The Board members reviewed the duly noted notifications contained in
their board packets and letter from the Association's attorney. Discussion was
held regarding the repairs.
Code Enforcement Board
Meeting Minutes
June 17, 1999
Page 3
Mr. Hans Saurenmann, unit owner, explained that he had spent his own time
and money out of his pocket for a new door which the Association should have
replaced. He advised that there was court litigation regarding this issue in the
Brevard County Circuit Court. He voiced his concern that the repairs were not
done satisfactorily which placed himself and his tenant in danger because the
door and door frame in its current state would not withstand hurricane damage.
He respectively requested that the Board impose an Order requiring the door
and door frame to be replaced. Brief discussion followed.
Motion by Mr. Godfrey, seconded by Mr. Biederman to find Case No. 99-13,
Canaveral Bay Condominium Association in violation as follows:
Findings of Fact: The exterior door, frame and assembly is rotten and
deteriorated in Building 2, Unit 202.
Conclusion of Law: Canaveral Bay Condominium Association is in
violation of Chapter 82, 1997 Housing Code, Section 271, Adopted of the
Cape Canaveral Code of Ordinances; and Chapter 305, Southern Building
Code Congress International, Inc. 1997 Standard Housing Code, Section
305.12, Exterior Door Frames.
Order: The Canaveral Bay Condominium Association shall comply with
the aforementioned Section of the City Code of Ordinances on or before
July 9, 1999 by taking the following action: Replace the door, door frame
and supporting materials.
The Order shall further provide that upon compliance, Canaveral Bay
Condominium Association shall notify Greg Mullins, a City Official. He
shall inspect the property and notify the Board of compliance. However,
upon failure to comply by July 9, 1999, there shall be a fine of $250.00 for
the first day of non-compliance and $200.00 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
$250.00 for each and every day until the property is brought into
compliance.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 17, 1999
Page 4
3. Case No. 99-14, Robert & Jacqueline Beavis, (607 Adams Avenue), Section
23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block
12, Lot 1.01, Brevard County, Florida -Violation of Chapter 34
Environment, Section 34-96 Standards Established, Paragraph (c) of the
Cape Canaveral Code of Ordinances.
Mr. Mullins testified that a demolished structure existed upon the property
which was a safety concern and needed to be removed. He submitted a
photograph of the structure (Exhibit A). He requested that the Board find this
Case in violation and impose an Order for a time certain for the removal of the
unsafe structure. The Board members reviewed the entered exhibit. Discussion
followed.
Motion by Ms. Boone, seconded by Mr. Godfrey to find Case No. 99-14 in
violation as follows:
Findings of Fact: There is a demolished unsafe structure upon the
property.
Conclusion of Law: Robert&Jacqueline Beavis in is Violation of Chapter
34, Environment, Section 34-96, Standards Established, Paragraph (c) of
the Cape Canaveral Code of Ordinances.
Order: Robert & Jacqueline Beavis shall comply with the aforementioned
Section of the City Code of Ordinances on or before July 9, 1999 by taking
the following action: Remove the structure from the property.
The Order shall further provide that upon compliance, Robert&
Jacqueline Beavis shall notify Greg Mullins, a City Official. He shall
inspect the property and notify the Board of compliance. However, upon
failure to comply by July 9, 1999, there shall be a fine of $150.00 for the
first day of non-compliance and $25.00 per day thereafter, until the
property is brought into compliance, which shall include all costs for fees
incurred by City staff.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 17, 1999
Page 5
4. Case No. 99-15, Sable Condo's Association, (8150 Rosalind Avenue),
Section 23, Township 24 South, Range 37 East, Block 11, Lots 1 & 2,
Brevard County, Florida -Violation of Chapter 62, Solid Waste, Section
62-9 (F) Residential Solid Waste Pick-up Conditions of the Cape Canaveral
Code of Ordinances.
Code Enforcement Officer Mullins testified that the dumpster and dumpster
screen were located in the right-of-way. He had suggested that the property
owners convert to can service. He noted that USA Waste was scheduled to
remove the dumpster. He suggested that if the screen was not removed by the
property owners then perhaps the city would remove it as a volunteer project.
Mr. Mullins requested that this Case be tabled until the next meeting.
Motion by Mr. Godfrey, seconded by Ms. Boone to table Case No. 99-15 until the
next scheduled meeting. Vote on the motion carried unanimously.
5. Case No. 99-16, David Horton, (7521 Magnolia Avenue, Apt. #4), Section
23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block
43, Lot 15, 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 an inoperable vehicle existed
upon the property. He entered a photo of the vehicle (Exhibit A). It was noted
that the vehicle owner was not present at the meeting. Brief discussion followed.
Motion by Ms. Boone, seconded by Mr. Godfrey to find that the vehicle in Case
No. 99-16 to be a public nuisance and shall be removed. Vote on the motion
carried unanimously.
6. Case No. 99-17, Fay Raberson, (409 Harrison Avenue,Apt. #3), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 39,
Lots 3 & 4, 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.
Code Enforcement Board
Meeting Minutes
June 17, 1999
Page 6
7. Case No. 99-18, Joseph Malie (121 Monroe Avenue, Apt. #7), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 25,
1/2 of Lot 5 & 6, 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.
There being no further business, the meeting was adjourned at 8:25 P.M.
Approved on this 22nd day of July , 1999.
Mary K. Russell
Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary