HomeMy WebLinkAboutMinutes 05-18-2000CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
MAY 18, 2000
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida, was held on May 18, 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
Charles Biederman
Donna Boone
Jeffrey Ratliff
Karen Hartley
MEMBERS ABSENT
Carol Warner Vice Chairperson
Walter Godfrey
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 June 22,
2000.
Motion by Mr. Biederman, seconded by Ms. Boone to approve the meeting
minutes of April 20, 2000. Vote on the motion carried unanimously.
COMPLIANCE HEARINGS:
1. Case No. 00-16, Frank Long, (212 Monroe Avenue), Section 23, Township
24 South, Range 37 East, Lot 12, Block 20, 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 Board
Meeting Minutes
May 18, 2000
Page 2
Code Enforcement Officer Mullins testified that the vehicle was removed and
that this case was in compliance.
COMPLIANCE HEARINGS-CONTINUED:
2. Case No. 00-17, John Ribar, (216 Canaveral Beach Blvd.), Section 14,
Township 24 South, Range 37 East, Lot 13.09, Block 5, Avon by the Sea
Subdivision, Brevard County, Florida -Violation of Section 34-97, Duties
and Responsibilities for Maintenance and 34-98, Building Appearance and
Maintenance of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that the property was repaired and
that this case was in compliance.
PUBLIC HEARINGS:
1. Case no. 00-21, Harold & Denise Toy, (8590 Canaveral Blvd), Section 14,
Township 24 South, Range 37 East, Lot 1, Block 6, Canaveral Beach
Gardens Subdivision, Brevard County, Florida-Violation of Section 110-
106, Building Permits Required and Section 110-277, Minimum Setbacks
Required of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that a covered structure was
constructed without the required building permit which may be placed within
the required setback. He submitted photographs of the structure (Exhibits A &
B) and a drawing of the survey (Exhibit C). Mr. Mullins noted that there was no
legal survey available to determine if in fact the structure was placed on the rear
property line. He advised that this would need to be determined at the time that
a legal survey was submitted during the permitting process. He noted that a
Stop Work Order had been posted by the Building Inspector.
Mr. Toy testified that he neglected to obtain the required permit. He further
testified that he would obtain the required engineering for the free-standing
structure, a survey, and permit prior to the next meeting. Brief discussion
followed.
Motion by Ms. Boone, seconded by Mr. Ratliff to table the Public Hearing in Case
No. 00-21 until the next scheduled meeting. Vote on the motion carried
unanimously.
Code Enforcement Board
Meeting Minutes
May 18, 2000
Page 3
2. Case No. 00-22, Maria Armanno, Trustee/Owner and Nicole Smith,
Resident, (8034 Orange Avenue), Section 23, Township 24 South, Range 37
East, Lot 1 & W 1/2 of Lot 2, Block 15, Avon by the Sea Subdivision,
Brevard County, Florida -Violation of Section 110-478, Residential
Antennas, and Section 110-106, Building Permits Required of the Cape
Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that the resident had erected a 57 ft.
antenna without the required engineering, wind load calculations and building
permit. He submitted photographs of the antenna (Exhibits A & B). He advised
that the antenna mast exceeded the maximum allowable height.
Chairperson Russell called a five minute recess at 7:35 P.M. The meeting
reconvened at 7:38 P.M.
The Board members reviewed the submitted exhibits. Brief discussion followed.
Motion by Ms. Boone, seconded by Mrs. Hartley to find Case No. 00-22 in
violation as follows:
Findings of Fact: The antenna mast exceeds 12 ft. in height and was
installed without the required permitting.
Conclusion of Law: Maria Armanno was in violation of Sections 110-478
(b)(1), Residential Use of Antennas/Satellite Dishes and 110-106, Building
Permits Required of the Cape Canaveral Code of Ordinances.
Order: Maria Armanno shall comply with the aforementioned Sections of
the City Code of Ordinances on or before June 15, 2000 by taking the
following action: Obtain the required permit for the antenna or remove
the antenna from the property.
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 June 15, 2000, there shall be a fine of
$100.00 for the first day of non-compliance and $20.00 per day thereafter,
until the property is brought into compliance.
Vote on the motion carried unanimously, as amended.
Code Enforcement Board
Meeting Minutes
May 18, 2000
Page 4
3. Case No. 00-23, Columbiad Commercial Condominium Association, Jerry
Sales, President, (102 Columbia Drive), Section 22, Township 24 South,
Range 37 East, Lots 1.01-1.20, Brevard County, Florida -Violation of
Section 24-97, Duties and Responsibilities for Maintenance of the Cape
Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that a pile of green waste had been
stored upon the property for quite sometime and the dumpster screen location
was not adequate to provide access for the waste provider to service the property
and the dumpster was not being placed within the enclosure. He submitted
photographs of the photographs of the area (Exhibit A & B). Brief discussion
followed.
Motion by Ms. Boone, seconded by Mr. Biederman to find Case No. 00-23 in
violation as follows:
Findings of Fact: There exists an accumulation of green waste, and the
dumpster screen is not placed in an acceptable location.
Conclusion of Law: Columbiad Commercial Condominium Association is
in violation of Section 34-97, Duties and Responsibilities for Maintenance
of the Cape Canaveral Code of Ordinances.
Order: That Columbiad Commercial Condominium Association shall
comply with the aforementioned Section of the City Code of Ordinances
on or before June 15, 2000 by taking the following action: Remove and
properly dispose the green waste, and relocate the dumpster screen to
an acceptable location.
The Order shall further provide that upon compliance, Columbiad
Commercial Condominium Association shall notify Greg Mullins, a City
Official. he shall inspect the property and notify the Board of compliance.
However, upon failure to comply by June 15, 2000, there shall be a fine of
$150.00 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.
Code Enforcement Board
Meeting Minutes
May 18, 2000
Page 5
4. Case No. 00-24, Faith Goodman, (337 Caroline Street), Section 14,
Township 24 South, Range 37 East, Canaveral Beach Gardens, Lot 1.02,
Block 1, Canaveral Beach Gardens, Brevard County, Florida -Violation of
Section 34-97 (D), Duties and Responsibilities for Maintenance of the Cape
Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that the fence sections were
deteriorated and creating a blighting effect due to lack of maintenance. He
submitted photographs of the fence (Exhibits A & B). He clarified that the
property was located on the corner of Caroline and Rosalind Avenues. The
Board members reviewed the photos. Brief discussion followed.
Motion by Mrs. Hartley, seconded by Ms. Boone to find Case No. 00-24 in
violation as follows:
Findings of Fact: The fence sections are deteriorated and show signs of
inadequate maintenance.
Conclusion of Law: Faith Goodman is in violation of Section 34-97(D),
Duties and Responsibilities for Maintenance of the Cape Canaveral Code
of Ordinances.
Order: That Faith Goodman shall comply with the aforementioned
Section of the City Code of Ordinances on or before June 15, 2000 by
taking the following action: Repair,replace, or remove the deteriorated
fence sections.
The Order shall further provide that upon compliance, Faith Goodman
shall notify Greg Mullins, a City Official. He shall inspect the property
and notify the Board of compliance.
However, upon failure to comply by June 15, 2000, there shall be a fine of
$100.00 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, as amended.
5. Case No. 00-25, William &Teresa McAra (335 Caroline Street), Section 14,
Township 24 South, Range 37 East, Lot 1, Block 1, 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 Board
Meeting Minutes
May 18, 2000
Page 6
Code Enforcement Officer Mullins testified that the property owner did not
receive the required certified notice and withdrew the case.
There being no further business, the meeting was adjourned at 8:17 P.M.
Approved on this 22nd day of June , 2000.
Mary K. Russell
Mary K.Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Secretary