HomeMy WebLinkAboutMinutes 01-20-2000CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
REGULAR MEETING
JANUARY 20, 2000
7:30 P.M.
A Regular Meeting of the Code Enforcement Board of the City of Cape
Canaveral, Florida, was held on January 20, 2000, at the City Hall Annex, 111
Polk Avenue, Cape Canaveral, Florida.
Chairperson Russell called the meeting to order at 7:30 P.M. The Secretary called
the roll.
MEMBERS PRESENT
Mary Russell Chairperson
Charles Biederman
Karen Hartley
Jeffrey Ratliff
MEMBERS ABSENT
Carol Warner Vice Chairperson
Donna Boone
Walter Godfrey
OTHERS PRESENT
Mitch Goldman Acting City Attorney
Greg Mullins Code Enforcement Officer
Susan Chapman Board Secretary
Greg Mullins, Code Enforcement Officer; Mr. and Mrs. Saurenmann, Mrs.
Vallencourt, Ms. Gibbs, Mr. Wideman, citizens; and Guy P. Coburn, Attorney
Representing Canaveral Bay Condominium Association were sworn in by
Attorney Goldman.
It was noted that the next regularly scheduled meeting would be held on
February 17, 2000.
Code Enforcement Board
Meeting Minutes
January 20, 2000
Page 2
Chairperson Russell asked the Board members to consider amending the order of
the agenda for the benefit of the citizens in attendance. Mrs. Russell polled the
members. All were in agreement to change the order of the agenda.
Motion by Mr. Biederman, seconded by Mrs. Hartley to approve the meeting
minutes of November 18, 1999, as amended. Vote on the motion carried
unanimously.
COMPLIANCE HEARINGS:
1. Case No. 99-13, Canaveral Bay Condominium Association, (200
International Drive, Unit #202),Section 22, Township 24 South, Range 37
East, parcel 297-300.3, Brevard County, Florida-Violation of the 1997
Standard Housing Code, Southern Building Code Congress International,
Chapter 3, Section 305.12, Exterior Door Frames of the Cape Canaveral
Code of Ordinances.
Code Enforcement Officer Mullins advised that the Canaveral Bay
Condominium Association had requested a reduction in the imposed fine. After
the Board held an ensuing discussion, hearing additional testimony, receiving
evidence and additional exhibits, the Board entered the following reduction of
imposed fine: Motion by Mrs. Hartley, seconded by Mr. Ratliff, to reduce the
imposed fine to the amount of $3,800.00 which included costs incurred by City
staff. Vote on the motion was as follows: Mr. Biederman, for; Mrs. Hartley,for,
Mr. Ratliff, against, Mrs. Russell, for. Motion passed by a 4 to 1 vote, as
amended.
2. Case No. 99-33, Harry Carswell &W. Meadlock, Representative Nancy
Carswell, (201-215 Washington Avenue), Avon by The Sea, Block 2, Lots 1-
4, 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.
Code Enforcement Board
Meeting Minutes
January 20, 2000
Page 3
PUBLIC HEARINGS:
1. Case No. 00-01, Moonhut Restaurant, (7802 N. Atlantic Avenue), Avon by
the Sea, Block 19, Lots 9, 10 &11, Brevard County, Florida-Violation of
Section 94-64 (f) Criteria and Standards for Measurement and Placement
of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that the existing pole sign was
modified. He asked the Board for interpretation of City code Section 94-64 (f) in
regards to an enclosed cabinet installed around the support pole of the sign,
which exceeded eight inches. Mr. Mullins submitted two photographs of the
sign. City Attorney Goldman read the code section to the Board members. After
discussion, the Board determined that the cabinet around the sign pole was in
violation. Mr. Nick Platkis testified that he would have the cabinet modified to
meet the city code.
Motion by Mrs. Hartley, seconded by Mr. Ratliff to find Case No. 00-01 in
violation as follows:
Findings of Fact: The enclosure around the sign support pole was in
violation and did not meet the minimum eight inch requirement.
Conclusion of Law: Calliope A. Holiasmfrou was in violation of Section
94-64 (f), Criteria and Standards for Measurement and Placement of the
Cape Canaveral Code of Ordinances.
Order: That Calliope A. Holiasmfrou shall comply with the
aforementioned Section of the City Code of Ordinances on or before
February 15, 2000 by taking the following action: Remove the enclosure
around the sign support pole.
The Order shall further provide that upon compliance, Calliope A.
Holiasmfrou shall notify Greg Mullins, a City Official. He shall inspect
the property and notify the Board of compliance.
Code Enforcement Board
Meeting Minutes
January 20, 2000
Page 4
However, upon failure to comply by February 15, 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,which shall
include all costs for fees incurred by City staff. Should the violation
reoccur, upon notice by the Code Enforcement Officer, a fine shall be
imposed in the amount of $100.00 for each and every day until the
property is brought into compliance.
Vote on the motion carried unanimously.
2. Case No. 00-02,Charles Hinkley, (405 Tyler Avenue), Avon Arms
Apartments,Section 23, Township 24 South, Range 37 East, Block 44, Lots
2, 3 &1/2 of 4, 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. 00-03, Ron Kister, (423 Lincoln Avenue), Avon by the Sea, Block
72, Lot 12, Brevard County,Florida-Violation of Section 110-106, Permits
Required of the Cape Canaveral Code of Ordinances.
Code Enforcement Officer Mullins testified that the new owners of 423 Lincoln
Avenue had repaired and extended an exterior wood deck around the rear of the
house without a building permit. He submitted photographs of the deck (Exhibit
A). Mr. Mullins advised that the property owner had applied for the required
permit and working on obtaining the required engineered plans. Mr. Mullins
respectfully requested that the Board table this case until the next meeting.
Motion by Mr. Biederman, seconded by Mrs. Hartley to table the Public Hearing
in Case No. 00-03 until the next scheduled meeting. Vote on the motion carried
unanimously.
Code Enforcement Board
Meeting Minutes
January 20, 2000
Page 5
4. Case No. 00-04, Bay Construction, William Young, (Discovery Bay
Subdivision), Section 15, Township 24 South, Range 37 East, Tract B,
Brevard County, Florida -Violation of Section 110-554 (B), Parking and
Storage of Certain Vehicles, and Section 110-551 (2)(d)(e), Location of
Recreational Vehicles, Camping Equipment, Boats and Boat Trailers 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 9:12 P.M.
Approved on this 17th day of February , 2000.
Mary K. Russell
Mary K. Russell, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary