HomeMy WebLinkAboutMinutes 06-22-2000CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
JUNE 22, 2000
7:00 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida, was held on June 22, 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
Jeffrey Ratliff
MEMBERS ABSENT
Carol Warner Vice Chairperson
Donna Boone
Karen Hartley
OTHERS PRESENT
Mitch Goldman Acting City Attorney
Greg Mullins Code Enforcement Officer
Susan Chapman Board Secretary
All persons giving testimony were sworn in by Attorney Goldman.
It was noted that the next regularly scheduled meeting would be held on July 20,
2000.
Motion by Mr. Biederman, seconded by Mr. Ratliff to approve the meeting
minutes of May 18, 2000. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 22, 2000
Page 2
COMPLIANCE HEARINGS:
1. Case No. 00-22, Maria Armanno, Trustee and Nicole Smith, Resident,
Section 23, Township 24 South, Range 37 East, Block 15, Lots 1 &W 1/2 of
2, Avon by the Sea, Brevard County, Florida - Violation of Sections 110-
478, Residential Use Antennas; and 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. 00-24, Columbiad Commercial Condominium Association, (102
Columbia Drive), Section 22, Township 24 South, Range 37 East, Lots 1.01
& 1.20, 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.
3. Case No. 00-25, Faith Goodman, (337 Caroline Street), Section 14,
Township 24 South, Range 37 East, Block 1, Lot 1.02, Canaveral Beach
Gardens, 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.
PUBLIC HEARINGS:
1. Case No. 00-21, Harold & Denise Toy, (8590 Canaveral Boulevard), Section
14, Township 24 South, Range 37 East, Block 6, Lot 1, Canaveral Beach
Gardens, Brevard County, Florida-Violation of Sections 110-106, Building
Permits Required; and 110-277, Minimum Setbacks Required of the Cape
Canaveral Code of Ordinances.
Code Enforcement Officer Mullins advised that this Case had been tabled by the
Board at the previous meeting.
Motion by Mr. Godfrey, seconded by Mr. Biederman to remove Case No. 00-21
from the table. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 22, 2000
Page 3
Code Enforcement Officer Mullins testified that this Case was not in compliance.
He advised that Mr. Toy had made no contact with him or any effort to bring the
property into compliance. He explained that an accessory structure had been
constructed without the required building permit and the structure encroached
into the required setbacks. Mr. Mullins submitted photographs of the structure
(Exhibit A). Brief discussion followed.
Motion by Mr. Ratliff, seconded by Mr. Biederman to table Case No. 00-21 until
the next scheduled meeting. Vote on the Motion carried by majority with
Chairperson Russell voting against the motion.
2. Case No. 00-26, Dan Petro, (8720 Seashell Lane), Section 14, Township 24
South, Range 37 East, Parcel 524, Harbor Heights, Brevard County, Florida
-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 Officer Mullins testified that this Case was not in compliance.
He advised that the home was in need of painting, the exterior of the property
needed to have numerous items properly stored and/or disposed, inoperable
motor vehicles existed upon the property, and the property address was not
posted at the entrance way. Mr. Mullins submitted photographs of the property
(Exhibit A). Discussion followed. Mr. Mullins further testified that Mr. Petro
had made some attempt to comply and respectfully requested that the Board
allow him additional time to bring his property into compliance. Brief discussion
followed.
Motion by Mr. Biederman, seconded by Mr. Godfrey to table Case No. 00-26
until the next scheduled meeting. Vote on the motion carried unanimously.
3. Case No. 00-27, Dale Allenbaugh & Carol Irwin, (8211 Magnolia Avenue),
Section 23, Township 24 South, Range 37 East, Block 3, Lots 7 & 8, Avon
by the Sea, 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.
Code Enforcement Board
Meeting Minutes
June 22, 2000
Page 4
4. 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 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). Brief
discussion followed.
Motion by Chairperson Russell, seconded by Mr. Godfrey to find Case No. 00-28
in violation as follows:
Findings of Fact: A wall sign was installed without approval from the
Community Appearance Board and without obtaining the required
building permit.
Conclusion of Law: Edward and Anthony Liguori are in violation of
Sections 22-40, Approval prerequisite for Permits, and 94-31, Permits
Required of the Cape Canaveral Code of Ordinances.
Order: Edward and Anthony Liguori shall comply with the
aforementioned Sections of the City Code of Ordinances on or before July
13, 2000 by taking the following action: Obtain approval from the
Community Appearance Board and the required building permit for the
sign or remove the sign.
The Order shall further provide that upon compliance, Maria Armanno
shall notify Greg Mullins, a City Official. He shall inspect the property
and notify the Board of compliance.
However, upon failure to comply by July 13, 2000, there shall be a fine of
$25.00 for the first day of non-compliance and $25.00 per day thereafter,
until the property is brought into compliance. Should the violation
reoccur, upon notification of the Code Enforcement Officer, a fine shall be
imposed in the amount of $25.00 for each and every day until the property
is brought into compliance.
Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
June 22, 2000
Page 5
5. Case No. 00-29, Gwendolynne Noack, (112 Pierce Avenue), Section 23,
Township 24 South, Range 37 East, Block 56, Lot 13, Avon by the Sea,
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 property notice was not received
by the property owner and withdrew the Case.
6. Case No. 00-30, Kenny Lee's Appliances, (7032 N. Atlantic Avenue),
Section 23, Township 24 South, Range 37 East, Block 65, Lots 9 & 10,
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.
7. Case no. 00-31, Ronald Regan, (105 Justamere Road), Section 23, Township
24 South, Range 37 East, Parcels 270 & 271, Brevard County, Florida-
Violation of Sections 36, Property Maintenance Standards Established, and
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.
There being no further business, the meeting was adjourned at 7:38 P.M.
Approved on this 20th day of July , 2000.
Mary K. Russell
Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Secretary