HomeMy WebLinkAboutMinutes 08-17-2000CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
AUGUST 17, 2000
7:00 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida, was held on August 17, 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
Donna Boone
Karen Hartley
Jeffrey Ratliff
MEMBERS ABSENT
Carol Warner Vice Chairperson
Charles Biederman
Walter Godfrey
OTHERS PRESENT
Mark McQuagge Assistant City Attorney
Greg Mullins Code Enforcement Officer
Susan Chapman Board Secretary
All persons giving testimony were sworn in by Attorney McQuagge.
It was noted that the next regularly scheduled meeting would be held on
September 21, 2000.
Motion by Ms. Boone, seconded by Mrs. Hartley to approve the meeting minutes
of July 20, 2000. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
August 17, 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 not in compliance.
He advised that Mr. Toy applied for a building permit to relocate the structure.
Mr. Toy testified that he was waiting for the required engineering and for a
community service work-crew to remove the existing structure. He respectfully
requested that the Board grant him additional time to comply. Brief discussion
followed.
Motion by Ms. Boone, seconded by Mrs. Hartley to table the Compliance
Hearing in Case No. 00-21 until the next scheduled meeting.
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 not in compliance.
He explained that Mr. Petro was making an effort to comply. He submitted a
letter from Mr. Petro which updated the Board on his progress and respectfully
requested that the Board waive the imposed fine and grant him until the next
meeting to comply (Exhibit A). Discussion followed.
Motion by Mrs. Hartley, seconded by Mrs. Russell to extend the compliance date
in Case No. 00-26 until the next scheduled meeting and waive the previous
imposed fine. Brief Discussion followed. Vote on the motion carried
unanimously.
3. Case No. 00-28, The Tomato Grille Inn, Edward &Anthony Liguori, (6890
N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Avon
by the Sea Subdivision, Block 73, Lots 1-3, Brevard County, Florida-
Violation of Section 94-31, Permits Required of the Cape Canaveral Code
of Ordinances.
Code Enforcement Officer Mullins testified that this Case was in compliance.
Code Enforcement Board
Meeting Minutes
August 17, 2000
Page 3
4. Case No. 00-35, Ronald & Mary Sears, (208 Harrison Avenue), Section 23,
Township 24 South, Range 37 East, Avon by the Sea Subdivision, Brevard
County, Florida -Violation of Section 34-96, Property Maintenance
Standards Established of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this Case was in compliance.
PUBLIC HEARINGS:
1. Case No. 00-36, Leon Maged, (8751 Cocoa Court), Section 14, Township 24
South, Range 37 East, Ocean Woods, Stage 3 Subdivision, Lot 70, Brevard
County, Florida-Violation of Section 110-106, Building Permits Required
of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that this Case was in compliance.
2. 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, Section 23, Township 24 South, Avon by the Sea Subdivision,
Block 43, Lots 3-5, 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 not in compliance.
He submitted a photograph of the vehicle (Exhibit A). Mr. Dryden testified that
he was looking for a junkyard to remove the vehicle.
Motion by Ms. Boone, seconded by Mrs. Hartley to find the untagged vehicle in
Case No. 00-37 a public nuisance. Vote on the motion carried unanimously.
3. 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, 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 Board
Meeting Minutes
August 17, 2000
Page 4
Code Enforcement Officer Mullins testified that this Case was not in compliance.
He testified that the vehicle owner was in California and should be back by
August 22nd. Mr. Mullins had advised the vehicle owner that the Board would
determine if the vehicle was considered a public nuisance. Mr. Mullins
submitted a photograph of the inoperable vehicle (Exhibit A). Brief discussion
followed.
Motion by Ms. Boone, seconded by Mr. Ratliff to find the inoperable vehicle in
Case No. 00-38 a public nuisance. Vote on the motion carried unanimously.
4. Case No. 00-39, Colonial House Condominium Association (property
owners), C.J. Daniels (vehicle owner), (230 Columbia Drive, Unit #216),
Section 22, Township 24 South, Range 37 East, Columbiad Plaza, Lots 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 not in compliance.
He advised that the vehicle was not registered. He submitted a photograph of
the vehicle (Exhibit A). Mr. Daniels testified that the vehicle was given to him by
his mother, it was not running or registered, and requested an extension of time
to comply. Mr. Mullins advised that the Condominium Association had a
towing contract and could have had the vehicle impounded at any time.
Chairperson Russell explained to the audience that the Board did not have the
authority to grant extensions for inoperable and/or untagged vehicles. The code
only allowed the Board to determine whether or not the vehicle was in violation
of city code. Mr. Mullins informed the Board that the City could not tow any
more vehicles because the city's impound yard was full. He advised that the city
received no response for a bid contract for towing and impounding vehicles.
Brief discussion followed.
Motion by Mr. Ratliff, seconded by Mrs. Hartley to find the inoperable vehicle in
Case No. 00-39 a public nuisance. Vote on the motion carried unanimously.
5. Case No. 00-40, William & Sandra Young, (property owner), John
Matthews, (vehicle owner), (7115 Poinsetta Avenue), Section 23, Township
24 South, Range 37 East, Avon by the Sea Subdivision, Block 61, Lot 8,
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
August 17, 2000
Page 5
6. Case No. 00-41, Victorian Apartments (Robert Delcazel, property owner),
John Broderick (vehicle owner), Section 22, Township 24 South, Range 37
East, Lot 3, Columbiad Plaza Subdivision, 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 advised that the vehicle was not licensed or tagged. He submitted a
photograph of the vehicle (Exhibit A). Mr. Broderick testified that he was
presently out of work and did not have the money to repair or tag the vehicle,
which had sentimental value to him and his family. Chairperson Russell
repeated that the Board could only determine if the vehicle was in violation of
city code. But, since the city could not presently tow any more vehicles, it would
afford him additional time to comply with city code.
Motion by Mrs. Hartley, seconded by Mr. Ratliff to find the inoperable, untagged
vehicle in Case No. 00-41 a public nuisance. Vote on the motion carried
unanimously.
7. Case No. 00-42, Aletha Mackowiz, (207 Pierce Avenue), Section 23,
Township 24 South, Range 37 East, Block 62, Lot 3, Avon by the Sea
Subdivision, 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 submitted a photograph of the two vehicles (Exhibit A) and explained that
both vehicles were not tagged or operable. Mr. Adam Mackowiz testified that he
was trying to fix one of the vehicles by using parts from the other one. He stated
that the vehicles were parked as far from the street as possible and hopefully
would try to comply within 60-90 days. Mr. Mullins advised Mr. Mackowiz that
the vehicles must be registered in addition to operable to comply with city code.
Brief discussion followed.
Motion by Mr. Ratliff, seconded by Mrs. Hartley to find the inoperable and
untagged vehicles in Case No. 00-42 a public nuisance. Vote on the motion
carried unanimously.
Code Enforcement Board
Meeting Minutes
August 17, 2000
Page 6
8. Case No. 00-43, Daniel Keane, Trustee, Craig Sanner (vehicle owner),
(7807 Rosalind Avenue), Section 23, Township 24 South, Range 37 East,
Block 28, Lots 7 & 8, Avon by the Sea Subdivision, 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.
9. Case No. 00-44, Rick Kopitas (property owner), Floyd Falkenberry (vehicle
owner), (7725 Poinsetta Avenue, Apt. #1), Section 23, Township 24 South,
Range 37 East, Block 31, 1/2 of Lot 7 & 8, 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 submitted a photograph of the vehicle (Exhibit A) and advised that the
vehicle had an expired tag. Mr. Falkenberry testified that the 1976 Ford Granada
was given to him by his father, because he had to pay an IRS debt, he did not
have the money to keep the insurance, and because he did not turn the tag in, his
license was suspended, and the vehicle needed transmission work. Mr.
Falkenberry respectfully requested that the Board grant him about two more
months to make the vehicle operable. Chairperson Russell responded that the
Board could only determine whether or not the vehicle was in violation of the
city code and therefore, did not have the authority to grant extensions of time to
comply with city code.
Motion by Ms. Boone, seconded by Mrs. Hartley to find the inoperable, untagged
vehicle in Case No. 00-44 a public nuisance. Vote on the motion carried
unanimously.
10. Case No. 00-45, Paul Sibre (property owner), Kevin Heckman (vehicle
owner), (540 Monroe Avenue, Apt. #1), Section 23, Township 24 South,
Range 37 East, Block 23, Lots 7, 8 & 9, Avon by the Sea Subdivision,
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
August 17, 2000
Page 7
DISCUSSION:
Mr. Mullins explained to the Board that he needed to find a company to tow and
impound the vehicles outside of the City.
There being no further business, the meeting was adjourned at 8:02 P.M.
Approved on this 21 day of September , 2000.
Mary K. Russell
Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Secretary