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HomeMy WebLinkAboutMinutes 01-18-2007 I ® 0 4 1 1 CITY OF CAPE CANAVERAL I CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 18, 2007 1 7:00 PM 1 A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 18, 2007, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Craig Stewart Vice Chairperson Charles Biederman James Hale Karen Hartley Raymond Viens MEMBERS ABSENT Walter Godfrey Edward Ciecirski 1St Alternate i Lynn Mars 2nd Alternate i OTHERS PRESENT i Duree Alexander Code Enforcement Officer Joy Lombardi Board Secretary Kate Latorre Assistant City Attorney Bob Hoog Mayor Pro Tem The Board members established that the next meeting would be held on February 22, 2007. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: November 30. 2006. Motion by Mr. Biederman, seconded by Mr. Hale, to approve the meeting minutes of November 30, 2006, as written. Vote on the motion carried unanimously. I 1 0 410 Code Enforcement Board Meeting Minutes i January 18, 2007 Page 2 i 2. Election of Chairperson and Vice Chairperson. Motion by Mr. Stewart, seconded by Ms. Hartley to nominate Mary Russell as Chairperson. Vote on the motion carried unanimously. Motion by Mr. Biederman, seconded by Mr. Hale to nominate Craig Stewart as Vice Chairperson. Vote on the motion carried unanimously. A COMPLIANCE HEARINGS: 1 1. Case No 06-00065—Violation of Section 104.1.1, and 105.4, Florida Building Code - Permits & Inspections, of the City of Cape Canaveral Code of Ordinances, (8305 Rosalind Ave.)— Ish K. Aneja, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. PUBLIC HEARINGS: i 1. Case No. 06-00084 — Violation of Section 110-551, Location of recreational vehicles, camping equipment, boats and boat trailers, of the Cape Canaveral Code of Ordinances, (310 W. Central Blvd.)—Gilbert L. Patton, Jr., R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent is allowing a "night watchman" to reside in a van on his commercial property. Officer Alexander stated that according to Section 110-551; no person shall reside in any travel trailer or motor vehicle in the City, other than an approved trailer park. Gilbert Patton Jr., property owner, testified that over the past 10 years he has cleaned up the property, ran off people living in the units, and got rid of the junk cars. Mr. Patton further stated that Bob Jolin (known as Bicycle Bob) has been there for more than 20 years and is considered to be a great asset as the night watchman, and in return Mr. I Patton gives him a break on the rent of the storage unit. 1 Kurt Ronstrum, owner of the property located at 8708 Commerce Street, testified that Mr. Jolin uses his mailbox, accepts packages in his absence, and allows Mr. Jolin access to j his property. Mr. Ronstrum stated that Mr. John has been there for all of the 22 years that he has owned the property and is an asset to him. Mr. Ronstrum requested that the City let him live there. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 110-551, location of recreational vehicles, camping equipment, boats and boat trailers, and be given until February 22, 2007 to come into compliance or be fined seventy-five hundred dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Discussion followed regarding the amount of time to come into compliance. Mr. Stewart stated that he believed it would take more time to relocate Mr. John; and requested 90 days. 1 Code Enforcement Board IMeeting Minutes January 18, 2007 Page 3 i I Motion by Mr. Stewart, seconded by Mr. Hale, to find the respondent in violation of Section 110-551 and be given until April 19, 2007 to come into compliance or be fined seventy-five dollars ($75.00) for the first day and fifty dollars ($50.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. 1 4 2. Case No 06-00093 —Violation of Section 70-69, License required; payment of tax prerequisite to issuance; Section 70-71, Engaging in business without paying tax or making reports; Section 70-72, Evidence of engaging in business; and Section 110-293 (1)(4), Accessory uses and structures, of the Cape Canaveral Code of 4 Ordinances, (215 Jefferson Ave.) — James M. & Jennifer E. Weqenka, Property Owners. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent is advertising and operating a shutter installation business without the required license. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 70-69, license required; payment of tax prerequisite to issuance; Section 70-72, evidence of engaging in business; and Section 110-293 (1)(4), accessory uses and structures, and be given until February 22, 2007 to come into compliance or be fined fifty dollars ($50.00) for the first day and twenty-five dollars ($25.00) for each day thereafter until found in compliance. Motion by Mr. Stewart, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation of Section 70-69; Section 70-72; and Section 110-293 (1) (4); and be given until February 22, 2007 to come into compliance or be fined fifty dollars ($50.00)for the first day and twenty-five dollars ($25.00)for each day thereafter until found in compliance. Vote on the motion carried unanimously. 2. Case No. 06-00124—Violation of Section 94-6. Prohibited signs and features: and Section 94-7. Conformance, of the City of Cape Canaveral Code of Ordinances, (6615 N. Atlantic Ave.)—Supra Color Enterprises. Inc.. do Kurt Tezel, R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that a temporary(sandwich board) sign has been placed on the property on numerous occasions. Lettye Baggett, Mangroves Restaurant business owner, and Kurt Tezel, property owner, have been notified that this type of signage is not permitted within the City of Cape Canaveral. Lettye Baggett, owner of Mangroves Restaurant, testified that she has struggled to survive at that location for 61/2 years due to the fact that people cannot see the restaurant. Ms. Baggett stated that the space allowed on the ground sign is small and the wall sign is not clearly visible from the street. Ms. Baggett further stated that she is aware that the temporary(sandwich board) sign is not permitted and she stated that the sign would not be put out again. 0 • Code Enforcement Board Meeting Minutes January 18, 2007 Page 4 Officer Alexander respectfully requested that the Board find the respondent in violation of j Section 94-6, prohibited signs and features; and Section 94-7, conformance, and be fined j five hundred dollars ($500.00) per day for each repeat violation including costs incurred. Motion by Mr. Viens, seconded by Mr. Stewart, to accept staff's recommendation and d find the respondent in violation Section 94-6, and be fined five hundred dollars ($500.00) per day for each repeat violation. By consensus, the motion was amended to reduce the fine to two hundred and fifty dollars ($250.00) per day for each repeat violation including costs incurred. Vote on the motion carried unanimously. j ADJOURNMENT: 1 There being no further business the meeting adjourned at 8:24 P.M. j Approved on this ;22 day of Fib r 00 rY 2007. f /_ �_� / Mary Rus-Q I, Chairperson i Joy Lomba di, Board Secretary fj 1 i