HomeMy WebLinkAboutMinutes 01-21-1999CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
JANUARY 21, 1999
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida,was held on January 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
Walter Godfrey
Donna Boone
Karen Hartley
MEMBERS ABSENT
Charles Biederman
Jeffrey Ratliff
OTHERS PRESENT
Mitch Goldman Assistant City Attorney
Dennis Franklin Building Official
Greg Mullins Code Enforcement Officer
Susan Chapman Board Secretary
Greg Mullins, Code Enforcement Officer was sworn in by Attorney Goldman.
It was noted that the next meeting would be held on February 18, 1999.
Code Enforcement Board
Meeting Minutes
January 21, 1999
Page 2
Motion by Mrs. Warner, seconded by Ms. Boone to approve the meeting minutes
of November 19, 1998 as submitted. Vote on the motion carried unanimously.
COMPLIANCE HEARINGS:
1. 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.
Code Enforcement Officer Mullins testified that this Case was in compliance as
of the date prior to this meeting.
2. Case No. 98-60, Thomas & Helen Metee, (218 Jackson Avenue), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 13,
Brevard County, Florida.
Code Enforcement Officer Mullins testified that this case was in compliance.
3. Case No. 98-67, Burton &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
Section34-97, Duties and Responsibilities for Maintenance and Section 34-
98, Building Appearance and Maintenance of the Cape Canaveral Code of
Ordinances.
Mr. Mullins testified that this Case was not in compliance. He advised that the
property exterior was in need of maintenance. Mr. Kennedy was working in
good faith to bring the property into compliance. The Board members reviewed
a bid from a contractor to make the repairs (Exhibit A) and a letter from Mr.
Kennedy requesting a 45 day extension to comply (Exhibit B). Mr. Mullins
verified that there were no life safety issues. Brief discussion followed.
Motion by Mrs. Warner, seconded by Mr. Godfrey to table this Case until the
March, 1999 meeting. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
January 21, 1999
Page 3
4. Case No. 98-69,Vernon Wilmer (220 Fillmore Avenue), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 52,
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 his Case was in compliance.
REQUEST FOR REDUCTION OF IMPOSED FINE AMOUNT:
1. Case No. 98-47, Magma Trading Corporation, (8200 Astronaut Avenue),
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.
Code Enforcement Officer Mullins advised that Mr. Hardick had requested a
reduction in the imposed fine, however, he was out-of-town and asked that his
request be tabled until the next meeting.
Motion by Mr. Godfrey, seconded by Ms. Boone to table this request until the
next meeting.
PUBLIC HEARINGS:
1. Case No. 99-01, Erthel J. Duffett, (333 Madison Avenue), Section 23,
Township 24 South, Range 37 East, Block 21, Lots 7&8, 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.
2. Case No. 99-02, Kathy McCann, (211 Circle Drive), Section 14, Township
24 South, Range 37 East, Canaveral Beach Gardens, Block 5, Lot 2, Brevard
County, Florida-Violation of Section 34-181, Storing, Parking, or Leaving
on Private Property of the Cape Canaveral Code of Ordinances.
Code Enforcement Board
Meeting Minutes
January 21, 1999
Page 4
Mr. Mullins testified that an inoperable motor vehicle was being stored upon the
property. He submitted a photograph of the vehicle (Exhibit A). Brief discussion
followed.
Motion by Ms. Hartley, seconded by Mr. Godfrey to find the inoperable motor
vehicle in Case No. 99-02 to be a public nuisance. Vote on the motion carried
unanimously.
3. Case No. 99-03,James A. Smith, (374 Jefferson Avenue), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 91
Lots 13, 14 & 15, Brevard County, Florida -Violation of Section 34-181,
Storing, Parking or Leaving on Private Property of the Cape Canaveral
Code of Ordinances.
Mr. Mullins testified that an inoperable motor vehicle was being stored upon the
property. He submitted a photograph of the vehicle (Exhibit A). Brief discussion
followed.
Motion by Mr. Godfrey, seconded by Ms. Boone to find the inoperable vehicle in
Case No. 99-03 to be a public nuisance. Vote on the motion carried unanimously.
4. Case No. 99-04, Paul A. Boyd, (372 Jefferson Avenue), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 9,
Lots 13, 14 & 15, Brevard County, Florida -Violation of Section 34-181,
Storing, Parking or Leaving on Private Property of the Cape Canaveral
Code of Ordinance.
Mr. Mullins testified that this Case was in compliance.
5. Case No. 99-05, Ronald &Gloria Purcell, (224 Adams Avenue), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 2,
Lots 15 & 16, Brevard County, Florida -Violation of the 1994 Standard Fire
Prevention Code, as adopted by the City, Chapter 35, Garages, Section
3502.4, Garaged or Stored Vehicles of the Cape Canaveral Code of
Ordinances.
Code Enforcement Board
Meeting Minutes
January 21, 1999
Page 5
Mr. Mullins advised that he was representing the Fire Marshal in presenting this
Case to the Board. He testified that this Case was not in compliance. Mr.
Mullins advised that the tenant had a motorcycle being stored inside a dwelling
unit he was occupying in violation. He advised that the Fire Marshal agreed that
the motorcycle needed to be removed from the dwelling unit which could be
stored in the storage shed located on the property. Brief discussion followed.
Motion by Ms. Warner, seconded by Ms. Boone, to find Case No. 99-05 in
violation as follows:
Order: A motorcycle is being stored inside the residential dwelling unit in
Unit #8.
Conclusion of Law: Ronald & Gloria Purcell is in Violation of Chapter 35,
Garages, Section 3502.4, Garaged or Stored Vehicles of the Cape Canaveral
Code of Ordinances.
Order: The Ronald & Gloria Purcell shall comply with the
aforementioned Section of the City Code of Ordinances on or before
February 5, 1999 by taking the following action:
1. Remove the motorcycle from the dwelling unit and store it in
acceptable location outside the dwelling unit.
The Order shall further provide that upon compliance, Ronald & Gloria
Purcell shall notify Greg Mullins, a City Official. He shall inspect the
property and notify the Board of compliance.
However, upon failure to comply by February 5, 1999, there shall be a fine
of $100.00 for the first day of non-compliance and $50.00 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 $50.00 for each and every
day until the property is brought into compliance.
Code Enforcement Board
Meeting Minutes
January 21, 1999
Page 6
Vote on the motion carried unanimously.
ADD-ON DISCUSSION:
Brief discussion was held regarding the filing to record code enforcement liens.
The Board concluded to instruct City staff to record the liens after the time limit
for the violators to request an appeal of the imposed fine.
There being no further business, the meeting was adjourned at 8:08 P.M.
Approved on this 18th day of February , 1999.
Mary K. Russell
Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary