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