Loading...
HomeMy WebLinkAboutMinutes 09-21-2000CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 21, 2000 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on September 21, 2000, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Walter Godfrey Charles Biederman Karen Hartley Jeffrey Ratliff MEMBERS ABSENT Donna Boone OTHERS PRESENT Mark McQuagge Assistant City Attorney Morris Reid Building Official Greg Mullins Code Enforcement Officer Susan Chapman Board Secretary Attorney McQuagge swore in all persons giving testimony. It was noted that the next regularly scheduled meeting would be held on October 26, 2000. Motion by Mr. Biederman, seconded by Mr. Godfrey to approve the meeting minutes of August 17, 2000. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 21, 2000 Page 2 COMPLIANCE HEARINGS: 1. Case No. 00-21, Harold & Denise Toy, (8590 Canaveral Boulevard), Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens Subdivision, Block 6, Lot 1, Brevard County, Florida. Code Enforcement Officer Mullins testified that this Case was in partial compliance. He testified that a part of the structure was dismantled. He submitted photographs of the structure (Exhibit A). Mr. Mullins further testified that the property owner was waiting for his engineered drawing in order to obtain the required building permit. Chairperson Russell questioned the safety of the structure since it was partially disassembled. Mr. Mullins responded that Mr. Toy advised him that he would try to secure it over the weekend. Mr. Mullins verified that the City did not know how the structure was constructed, Mr. Toy did not specify when the engineer would be out to look at the structure, and the structure still appeared to be encroaching within the setback. Chairperson Russell reiterated the Board's concern regarding the safety of the structure. Mr. Mullins responded that he would convey the Board's concern to the property owner. Motion by Mr. Biederman, seconded by Mr. Ratliff to table the compliance hearing until the next scheduled meeting. Brief discussion followed. Motion carried unanimously. 2. Case No. 00-26, Dan Petro, (8720 Seashell Lane), Section 14, Township 24 South, Range 37 East, Harbor Heights 1st Addition Subdivision, Parcel 524, Brevard County, Florida -Violation of Sections 34-97, Storing, Parking or Leaving on Private Property; and 82-371, Posting & Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in partial compliance. He testified that the house was 3/4 painted, the house numbers were posted, the debris had been removed, and the vehicle was properly tagged. Mr. Petro testified that he could not locate the title for the RV and obtained the paperwork to submit for a lost title. He stated that he appreciated the Board for their patience. Mr. Petro advised that the RV was not visible from the roadway. Brief discussion followed. Code Enforcement Board Meeting Minutes September 21, 2000 Page 3 Motion by Mrs. Hartley, seconded by Mr. Godfrey to table the compliance hearing in this case until the next scheduled meeting. Vote on the motion carried unanimously. 3. Case No. 00-37, Guy Dryden (property owner), Larry Rayburn(vehicle owner), (321 Tyler Avenue, Apt. 1), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 43, Lots 3, 4 & 5, 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. 4. Case No. 00-38, Oceanside Village Apartments (property owner), Brian Ross (vehicle owner), (210 Caroline Street, Apt. 412), Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens Subdivision, Block B, Lots 3-12, 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. 00-41, Victorian Apartments (property owner Bob Delcazel), John Broderick (vehicle owner), (220 Columbia Drive), Section 22, Township 24 South, Range 37 East, Columbiad Plaza Subdivision, Lot 3, 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. PUBLIC HEARINGS: 1. Case No. 00-46, Norma Melgaard (property owner), Chad Miles (vehicle owner), (418 Adams Avenue, Apt. 1), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 4, Lots 13 & 14, 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 September 21, 2000 Page 4 Code Enforcement Officer Mullins testified that this case was not in compliance, and that Donald Frantzen was the new property owner. He explained that Mr. Frantzen was mailed a copy of the Public Hearing Notice. Mr. Mullins explained that he had informed the vehicle owner, Chad Miles, that the Public Hearing would be held on September 28th, not the 21st. Mr. Mullins submitted a photograph of the vehicle (Exhibit A). Discussion followed. Motion by Mrs. Hartley, seconded by Mr. Godfrey to find the vehicle in Case No. 00-46 a public nuisance however, the City shall reserve action on the removal of the vehicle no later than September 28, 2000. Vote on the motion carried unanimously, as amended. 2. Case No. 00-47, Stephen Miller, (property owner), Marta Reyes, (vehicle owner), (425 Jefferson Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 7, Lot 16, 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. 3. Case No. 00-48, Norma Melgaard, (property owner), Janet Hansen, (vehicle owner), (418 Adams Avenue, Apt 7), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 4, Lot 16, 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 he spoke with Ms. Hansen. She had explained that her son mailed her the vehicle title and would obtain the tag next week. Mr. Mullins further testified that he advised Ms. Hansen that this meeting would be held on September 28th, not September 21st and he had given her until September 28th to comply. He noted that the vehicle tag had expired on September 1st. Mr. Mullins submitted a photograph of the vehicle (Exhibit A). Brief discussion followed. Attorney McQuagge reviewed Section 34-181 of the City code and gave his interpretation to clarify the Board members discussion. Motion by Mrs. Hartley, seconded by Mr. Biederman to find the vehicle in Case No. 00-48 a public nuisance however, the City shall reserve action on the removal of the vehicle no later than September 28, 2000. Vote on the motion carried unanimously, as amended. Code Enforcement Board Meeting Minutes September 21, 2000 Page 5 4. Case No. 00-49, Tomas Hernandez, (258 Canaveral Beach Blvd.), Section 14, Township 24 South, Range 37 East, Canaveral Beach Gardens, Block 5, Lot 11.04, Brevard County, Florida-Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins withdrew this case due to the fact that he did not receive the certified return receipt for the Public Hearing or Notice of Violation. 5. Case No. 00-50, James Cannon, (8803 N. Atlantic Avenue), LaCantina Mexican Restaurant, Section 14, Township 34 South, Range 37 East, Parcels A6&7, Brevard County, Florida -Violation of Sections 34-97, Duties and Responsibilities for Maintenance and 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. 6. Case No. 00-51, Richard Higgins, (property owner), Layla Higgins, (vehicle owner), (220 Harrison Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 32, Lots 14 &west 1/2 of 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 this case was in compliance. 7. Case No. 00-52, Susanne Sarbye, (333 Tyler Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 43, Lots 6 & west 1/2 of 7, 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 not in compliance. He explained that the vehicle did not have a current tag. He further testified that he had given Ms. Sarbye until September 28th to comply with the violation. Motion by Mr. Godfrey, seconded by Mr. Ratliff to find the vehicle in Case No. 00-52 a public nuisance however, the City shall reserve action on the removal of the vehicle no later than September 28, 2000. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 21, 2000 Page 6 8. Case No. 00-53, Ronald Regan, (105-107 Justamere Road), Section 23, Township 24 South, Range 37 East, Parcels 270 & 271, 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 one of the vehicles had been removed. However, the Dodge van did not have a current tag. He submitted a photograph of the van (Exhibit A). Mr. Mullins explained that he had advised Mr. Regan that this meeting would be held on September 28th, not September 21st. Motion by Mr. Godfrey, seconded by Mrs. Hartley to find the vehicle in Case No. 00-53 a public nuisance however, the City shall reserve action on the removal of the vehicle no later than September 28, 2000. Vote on the motion carried unanimously. 9. Case No. 00-54, TWK Properties, (property owner), Frank Goshe &Wilma Guff (vehicle owners), 350 Monroe Avenue, Apt. K, Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 21, 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. Code Enforcement Officer Mullins testified that the vehicle did not have a tag. He had advised Ms. Guff that this meeting would be held on September 28th. He respectfully requested that the Board table the Public Hearing until the next scheduled meeting so that the vehicle owner could be at the meeting. Ms. Guff testified that she was not the owner of the vehicle. She explained that Mr. Goshe had to ride his bike to work until he gets his license back. She further explained that Mr. Goshe was required to attend an HIV class in order for his license to be renewed. Attorney McQuagge verified that Mr. Goshe would need a valid driver's license in order to register the vehicle and obtain a current tag. Ms. Guff advised that the vehicle would not be in compliance by September 28th. Code Enforcement Officer Mullins verified that the vehicles are removed within 24 hours of notifying the towing company. Attorney McQuagge verified that the code was specific as to the action to be taken by the Board. Brief discussion followed. Code Enforcement Board Meeting Minutes September 21, 2000 Page 7 Motion by Chairperson Russell, seconded by Mr. Biederman, to find the vehicle in Case No. 00-54 a public nuisance however, the City shall reserve action on the removal of the vehicle no later than November 1, 2000. Vote on the motion carried unanimously. 10. Case No. 00-55, Sally Burke, (217 Harbor Drive, Section 14, Township 24 South, Range 37 East, Harbor Heights 1st Addition Subdivision, Lot 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 submitted a photograph of the untagged vehicle (Exhibit A). He testified that Ms. Burke had advised him that she tried to obtain a temporary Florida tag but could not do so because she had lost the vehicle title and has since applied for an out-of-state lost title. Discussion followed regarding an estimated time to obtain an out-of-state lost title. Motion by Mrs. Hartley, seconded by Mr. Godfrey to find the vehicle in Case No. 00-55 a public nuisance however, the City shall reserve action on the removal of the vehicle no later than October 28, 2000. Vote on the motion carried unanimously, as amended. 11. Case No. 00-56, Hidden Harbor Condominium Association, (property owners), Mike Fitzpatrick (vehicle owner), (5801 N. Atlantic Avenue, Unit 309), Section 23, Township 24 South, Range 37 East, Banana River Estates Subdivision, Lots 13-17, 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. NEW BUSINESS 1. Election of Vice Chairperson. Code Enforcement Officer Mullins advised that Ms. Boone lost her job at the Cape and if she were not at the next meeting, it would signify that she moved up North. Code Enforcement Board Meeting Minutes September 21, 2000 Page 8 Mr. Biederman nominated Mrs. Hartley as Vice Chairperson. Chairperson Russell seconded the nomination. Mrs. Hartley did not accept the nomination. Mr. Ratliff nominated Mr. Godfrey as Vice Chairperson. Mr. Biederman seconded the nomination. Mr. Godfrey accepted the nomination. Vote carried unanimously. There being no further business, the meetingn was adjourned at 8:00 P.M. Approved on this 26th day of October , 2000. Mary K. Russell Mary K. Russell, Chairperson Susan L. Chapman Susan L. Chapman, Secretary