HomeMy WebLinkAboutMinutes 04-22-1999CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
APRIL 22, 1999
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida,was held on April 22, 1999, at the City Hall Annex, 111 Polk
Avenue, Cape Canaveral, Florida.
Vice Chairperson Warner called the meeting to order at 7:30 P.M. The Secretary
called the roll.
MEMBERS PRESENT
Carol Warner Vice Chairperson
Walter Godfrey (late)
Donna Boone
Charles Biederman
Jeffrey Ratliff
Karen Hartley
MEMBERS ABSENT
Mary Russell Chairperson
OTHERS PRESENT
Mitch Goldman Assistant City Attorney
Greg Mullins Code Enforcement Officer
Susan Chapman Secretary
Greg Mullins, Code Enforcement Officer; Rudi Hardick, Elayne Sakson, citizens;
were sworn in by Attorney Goldman.
It was noted that the next meeting would be held on May 20, 1999.
Code Enforcement Board
Meeting Minutes
April 22, 1999
Page 2
Motion by Mr. Biederman, seconded by Ms. Boone to approve the meeting
minutes of February 18, 1999 as submitted. Vote on the motion carried
unanimously.
COMPLIANCE HEARINGS:
1. Case No. 98-67, Burt&Diana Kennedy, (113-119 Monroe Avenue), Section
23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block
25, Lots 1-4, Brevard County, Florida -Violation of Sections 34-97, Duties
and Responsibilities for Maintenance and 34-98, Building Appearance &
Maintenance of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this Case was in compliance.
2. Case No. 99-08, M & P of Brevard, Inc., (8580 N. Atlantic Avenue), Section
14, Township 24 South, Range 37 East, Canaveral Beach Gardens, Block 3,
Lot 13.01, 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 compliance.
REQUEST FOR REDUCTION OF IMPOSED FINE AMOUNT:
1. Case No. 98-47, Magma Trading Corporation, (8200 Astronaut Blvd.),
Section 23, Township 24 South, Range 37 East, Parcel 286, Brevard County,
Florida -Violation of Sections 34-97, Duties and Responsibilities for
Maintenance and 94-7, Conformance of the Cape Canaveral Code of
Ordinances.
Mr. Rudi Hardick, Property Owner, testified that the City had filed a code
enforcement lien against his property for violations in the amount of $1,383.00
He advised that he requested at the first public hearing that the case be
postponed because he was out of town at the time and the Board had went
forward with the hearing without him being present. Mr. Hardick requested that
the Board reduce or eliminate the fine because of those facts.
Code Enforcement Board
Meeting Minutes
April 22, 1999
Page 3
Vice Chairperson Warner advised that Mr. Hardick's tenant, Otis Manley, had
given testimony at that meeting and informed the Board that he was making the
requested repairs without assistance from the property owner and Code
Enforcement Officer Mullins had presented the case to the Board. Vice
Chairperson Warner further noted that the Board had reduced the amount of the
imposed fine at the Compliance Hearing held on November 19, 1998. Mr.
Mullins advised that the fine had been reduced at the Compliance Hearing to the
amount of $1,275.00. After brief discussion, the Board agreed that the imposed
fine was substantiated.
Motion by Mr. Biederman, seconded by Ms. Boone to allow the reduced imposed
fine to remain as established at the Compliance Hearing of November 19, 1998.
Vote on the motion carried unanimously.
2. Case No. 98-58, California Florida Corporation, (8590 N. Atlantic Avenue),
Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens,
Block 3, Lot 14.02, Brevard County, Florida-Violation of Section 34-97,
Duties and Responsibilities for Maintenance of the Cape Canaveral Code
of Ordinances.
Attorney Joseph Caruso, representative for the property owner, advised that Mr.
Hefty who was 92 years old was ill and bedridden with a terminal condition.
The time delay in informing the tenants of the violations was due to Mr. Hefty's
state of poor health. Mr. Caruso advised that the necessary repairs were made in
a timely manner once the tenants were notified. Mrs. Sakson (tenant) testified
that they did not receive compensation for the work they had performed on the
property. Discussion followed.
Motion by Mr. Godfrey to reduce the imposed fine to $0. Motion failed for lack
of a 2nd vote. Discussion followed. Vice Chairperson Warner pointed out that
the city had incurred administrative costs.
Code Enforcement Board
Meeting Minutes
April 22, 1999
Page 4
Mr. Godfrey amended the motion to reduce the fine to $108.00 for administrative
costs. Mr. Ratliff seconded the motion. Discussion followed regarding the
accumulated fine. Vice Chairperson Warner explained that this case was found
in non-compliance at the compliance hearing and the amount of that fine had
accumulated until January when they were found in compliance. Motion failed
for lack of a majority vote in favor of the motion as follows: Mr. Biederman, for;
Ms. Boone, against, Mr. Godfrey, for; Ms. Hartley, against; Mr. Ratliff, for; and
Ms. Warner, against.
Discussion was held regarding the amount of the proposed reduction of the fine
and the circumstances of the case. Attorney Caruso stated that his client was not
asking for the entire fine be dismissed but it would be appropriate for the board
to reduce the fine substantially if the board was so inclined. Brief discussion
followed. At the board's suggestion, Attorney Caruso responded that since the
work took two weeks to complete it would be appropriate for the board to fine
his client the amount of the fine for two weeks plus $108 for administrative costs.
Motion by Mr. Biederman, seconded by Ms. Boone to reduce the imposed fine in
Case No. 98-58 to $1,308.00 which represented: $150.00 for the 1st day of non-
compliance, $75.00 per day for (14) days, plus $108 for administrative costs. Vote
on the motion carried unanimously.
PUBLIC HEARINGS:
1. Case No. 99-12, Ocean Carpets, Inc., (8555 Astronaut Blvd.), 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 Officer Mullins testified that a building permit was applied
for however the building department was waiting on engineered drawings from
the sign company. He 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.
Code Enforcement Board
Meeting Minutes
April 22, 1999
Page 5
There being no further business, the meeting was adjourned at 8:17 P.M.
Approved on this 17th day of June , 1999.
Donna Boone
for Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary