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HomeMy WebLinkAboutMinutes 07-20-2000CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JULY 20, 2000 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on July 20, 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 Charles Biederman MEMBERS ABSENT Carol Warner Vice Chairperson Jeffrey Ratliff Walter Godfrey OTHERS PRESENT Mark McQuagge Assistant City Attorney Greg Mullins Code Enforcement Officer Susan Stills Assistant City Clerk All persons giving testimony were sworn in by Attorney McQuagge. It was noted that the next regularly scheduled meeting would be held on August 17, 2000. Motion by Mr. Biederman, seconded by Mrs. Russell to approve the meeting minutes of June 22, 2000. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes July 20, 2000 Page 2 COMPLIANCE HEARINGS: 1. Case No. 00-28, The Tomato Grille Inn, Edward and Anthony Liguori, Restaurant Owners, (6890 N. Atlantic Avenue),Section 23, Township 24 South, Range 37 East, 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 not in compliance. He explained that a wall sign was installed without the required building permit and without approval from the Community Appearance Board. He submitted photographs of the sign (Exhibit A). Mr. Mullins further testified that no effort had been made to bring this property into compliance. He noted that Mr. Liguori was aware that he had the option to remove the sign to bring this property into compliance until the required approvals were obtained by the City. He advised that the property was in foreclosure and Mr. Liguori was operating the business as a lessee. He noted that the imposed fine commenced on July 13, 2000. Brief discussion followed. Motion by Ms. Boone, seconded by Mr. Biederman to continue to find Mr. Liguori in non-compliance with the total accrued fine to date being $175.00. Vote on the motion carried unanimously. PUBLIC 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 no contact had been made by Mr. Toy since the previous meeting. Mr. Toy testified that due to his busy business operations, he had no time to apply for the required permit and stated that he would dismantle the structure. Brief discussion followed. Motion by Ms. Hartley, seconded by Mr. Biederman to find Case No. 00-21 in violation as follows: Findings of Fact: An accessory structure was constructed upon the property without the required building permit and is encroaching into the required setbacks. Code Enforcement Board Meeting Minutes July 20, 2000 Page 3 Conclusion of Law: Harold and Denise Toy are in violation of Sections 110-106, Building Permits Required; and 110-277, Minimum Setbacks of the Cape Canaveral Code of Ordinances. Order: That Harold and Denise Toy shall comply with the aforementioned Sections of the City Code of Ordinances on or before August 10, 2000 by taking the following action: Submit the required documentation and apply for an "after the fact" permit or remove the structure. The Order shall further provide that upon compliance, Harold and Denise Toy shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board. However, upon failure to comply by August 10, 2000, there shall be a fine of $50.00 for the first day of non- compliance and $25.00 per day thereafter, until the property is brought into compliance. Vote on the 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 not in compliance. He explained that Mr. Petro had made no effort to bring the property into compliance since the previous meeting. He submitted photographs (Exhibit A). Brief discussion followed. Motion by Ms. Boone, seconded by Ms. Hartley to find Case No. 00-26 in violation as follows: Findings of Fact: The dwelling needs to be painted, the exterior of the property had numerous items and debris being stored, there exists inoperable motor vehicles, and the property address is not properly displayed. Conclusion of Law: Dan Petro is in violation of Sections 34-97, Duties and Responsibilities for Maintenance; 34-181, Storing, Parking or Leaving on Private Property; and 82-371, Posting &Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes July 20, 2000 Page 4 Order: That Dan Petro shall comply with the aforementioned Sections of the City Code of Ordinances on or before August 10, 2000 by taking the following action: 1. Remove and/or properly store the items and debris that are existing throughout the exterior of the property. 2. Maintain the vehicles in an operable condition with proper license and tags or remove the vehicles from the property. 3. Paint the exterior of the dwelling. 4. Properly display the street address on the dwelling and at the entrance way at the intersections of Harbor Drive and Seashell Lane. The order shall further provide that upon compliance, Dan Petro shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board. However, upon failure to comply by August 10, 2000, there shall be a fine of $50.00 for the first day of non-compliance and $25.00 per day thereafter, until the property is brought into compliance. Vote on the motion carried unanimously. 3. Case No. 00-32, Calliope Holiasmfrou, (7802 N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision, Block 19, Lots 9-11, Brevard County, Florida. Code Enforcement Officer Mullins testified that this case was in compliance. 4. Case No. 00-33, Ron& Kim Pizatella, (8201 Canaveral Boulevard), Section 14,Township 24 South, Range 37 East, Canaveral Beach Gardens Subdivision, Block 4, Lot 1.01, 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. Code Enforcement Board Meeting Minutes August 7, 2000 Page 5 5. Case No. 00-34, Mark Valluzzi, (224 Canaveral Beach Boulevard), Canaveral Beach Gardens Subdivision, Block 5, Lot 13.08, Brevard County, Florida- Violation of Section 82-371, Posting and Specifications of Numbers of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that this case was in compliance. 6. Case No. 00-35, Ronald and 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 Mr. and Mrs. Sears had received the certified Notice of Violation. He advised that no contact or effort had been made to bring the property into compliance. He further testified that trash and debris existed upon the property,the fence slats were broken and missing, and there were several skateboard ramps being stored in the front yard. Mr. Mullins submitted photographs of the property (Exhibit A). Brief discussion followed. Motion by Ms. Boone, seconded by Mr. Biederman to find Case No. 00-35 in violation as follows: Findings of Fact: Trash and debris existed throughout the exterior of the property, several skateboard ramps were being stored in the front yard, and the fence along the west property line was broken and missing slats. Conclusion of Law: Ronald and Mary Sears are in violation of Section 34- 96, Property Maintenance Standards Established of the Cape Canaveral Code of Ordinances. Order: That Ronald and Mary Sears shall comply with the aforementioned Section of the City Code of Ordinances on or before August 10, 2000 by taking the following action: 1. Repair or remove the fence along the west property line. 2. Remove the trash and debris from the property. 3. Remove the skateboard ramps from the property. Code Enforcement Board Meeting Minutes July 20, 2000 Page 6 The Order shall further provide that upon compliance, Ronald and Mary Sears shall notify Greg Mullins, a City Official. He shall inspect the property and notify the Board. However, upon failure to comply by August 10, 2000, there shall be a fine of $50.00 for the first day of non- compliance and $25.00 per day thereafter, until the property is brought into compliance. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 7:58 P.M. Approved on this 17th day of August , 2000. Mary K. Russell Mary K. Russell, Chairperson Susan L. Chapman Susan L. Chapman, Secretary