Loading...
HomeMy WebLinkAboutCEB 2002 MinutesCITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING December 19, 2002 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on December 19, 2002, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:00 P.M. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Jeffrey Ratliff Craig Stewart Charles Biederman Karen Hartley James Hale MEMBERS ABSENT Walter Godfrey Vice Chairperson OTHERS PRESENT Jeff Buak Assistant City Attorney Morris Reid Building Official Jane Scofield Board Secretary 1. Call to Order 2. Roll Call 3. Approval of Meeting Minutes: November 21,2002 It was noted that City Attorney Anthony Garganese attended the November 21, 2002 meeting and the spelling of Mr. Biederman's name was misspelled. Motion by Mr. Biederman, seconded by Mr. Hale to approve the November 21, 2002 meeting minutes with the noted changes. Motion carried unanimously. 4. Establishing Next Meeting Date: It was noted that the next scheduled Code Enforcement Board Meeting would be January 23, 2003. Assistant City Attorney Jeff Buak swore in all persons giving testimony. COMPLIANCE HEARINGS: 1. Case No. 2002 - DRS -191, Yogi Patel - 6850 N. Atlantic Avenue - Violation of Section 34- 97(b)(2), Screening of Dumpster Area. (Board Order imposed at previous meeting). Code Enforcement Board Meeting Minutes December 19, 2002 Page 2 Mr. Reid testified that the fence enclosure has been erected however no permit was obtained. Mr. Reid passed around pictures entered as Exhibit A. Mr. Reid responded to Ms. Russell that there has been no contact with Mr. Patel. Mr. Reid testified that there has been no follow through on the maintenance of the parking areas. Attorney Buak suggested sending a notice of compliance for obtaining a permit. Another option may be that the Building Department file an additional complaint for not obtaining a permit. Motion by Ms. Russell, to find in compliance, second by Hartley. Motion carried as 5 -1 as follows: 1. Case No. 2002 - DRS -192, Yogi Patel - 6850 N. Atlantic Avenue - Violation of Section 34 -97, Responsible for Maintenance of Parking Areas required. (Board Order imposed at previous meeting). Mr. Reid testified that this case is currently not in compliance. Motion by Stewart to find case not in compliance and be assessed as noted in the order, second by Ratliff. Order carried unanimously. 2. Case No. 2002 -MR- 00216, Douglas Labnon, 229 Cherie Down Lane - Violation of Sections 104 & 105, Florida Building Code, Permits and Inspections. Mr. Reid testified that the order was sent to the incorrect address,. however the correct person received the notice. He further testified that they had filed for a permit.. Mr.. Reid asked the Attorney whether he should table the matter. Motion by Russell to table, second by Ratliff. Motion carried unanimously. 3. Case No. 2002 -MR- 00212, Mama Trading Corp., 8200 Astronaut Blvd. - Violation of Section 34 -98, Building Appearance and Maintenance. Mr. Reid issued photos entered as exhibit.A._ Chairperson Russell questioned;the.contract on -this property to which Mr. Stewart responded that there is-no-contract-on this property. Mr. Reid' - responded to Chairperson Russell that the building appears to be secure. Mr. Reid responded to Mr. Ratliff that this is a concern from Citizens through A Better Place, an anonymous complaint system. Motion by Stewart, second by Biederman to find in non - compliance and fine $50 a day until compliance met. Motion carried unanimously 5. Case No. 2002 -MR- 00221, Donald Regan, Jr., 105 Justamere Road - Violation of Section 34 -98, Building Appearance and Maintenance. Mr. Reid testified that this case was found to be in compliance. DISCUSSION: Status Update; Case No. 2002 - DRS - 00146, Ocean Park North Condominium — Association, Inc. — 350 Taylor Avenue. Violation of Sections 104 & 105, Florida Building Code - Permits and Inspections required of the Cape Canaveral Code of Ordinances. Mr. Reid testified that the fine had not been paid as of this date. The condo association has not been notified as to who should receive the notice of the fine. Attorney Buak said he would follow up and let Mr. Reid know where the notice should be sent. Mr. Holfve asked that if no- payment was made, would the amount reverted back to the original 10,000? Mr. Holfve also testified that Code Enforcement Board Meeting Minutes December 19, 2002 Page 3 no notices have been sent out by the association. Attorney Buak responded to Mr. Reid that he would follow up on the situation and let the building department know how to proceed. 2. Discussion Re: Code Enforcement Forms and Procedures — Jeff Buak, Assistant City Attorney. Mr. Buak explained the contents of the Code Enforcement Forms and Procedures Packet. Explained new forms, reduction of fines, satisfaction and reduction of liens. Mechanism by which property must be in compliance, file application, state why and filing fee. Chairperson Russell asked for a month to review the forms and bring up at next Board Meeting. Board agreed. Chairperson Russell asked Mr. Reid what was the status of Ms. Rives daycare. Mr. Reid responded that Ms. Rives was incompliance and found no reason why she could not have a daycare in her home. ADJOURN: There being no further business, the board adjourned at 8:30 PM. Approved on this o5 day of 52993. Mary R ell, Chairperson CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING November 21, 2002 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on November 21, 2002, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:00 P.M. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson ' Walter Godfrey Vice Chairperson Jeffrey Ratliff Craig Stewart Charles Biederman Karen Hartley James Hale MEMBERS ABSENT OTHERS PRESENT Jeff Buak Assistant City Attorney- Jim Watson Code Enforcement Officer Thomas Bubb Assistant Building Official Jane Scofield Board Secretary Approval of Meeting Minutes October 17, 2002 Motion by Ratliff seconded by Hale to approve minutes as amended Vote on the motion carried unanimously.: Attorney Buak swore in all persons giving testimony. It was noted that the next regularly scheduled meeting, would be held on December 19, 2002. Ms. Russell wants to move last request up to number one . Case No.2002- DRS - 00146, Ocean Park North Condominium Assoc., Inc. Motion by Russell, seconded by Godfrey to move item #1 to front of agenda. Stewart stated that they got a fair shake last time and others were waiting. Ms. Hartley Code Enforcement Board Meeting. Minutes November 21, 2002 Page 2 questioned as to whether the fine had been recorded. Mr. Bubb stated it had not been . recorded. Mr. Stewart explained to Chairperson Russell the status of this case at the last meeting. Barbara Krauss testified that they are here again to let the board know that the Fine of $3,300 is a burden to the Association: She explained they did everything in their power to bring the fence to code. Ms. Russell asked what was a reasonable amount. She .stated $1,000. Ms. Russell disagreed. Ms.Hartley stated that's $50 dollars a unit. Mr. Stewart expressed that the board has been more than generous at reducing the fine from 10,000 to 3,300. Ms. Hartley expressed the breakdown in communication due to the Personnel changes. Motion to leave fine as it stands by Stewart, second by Beiderman. Motion passed 5 -3 as follows: Attorney stated staff would then file lien against property if fine not paid. City Council can consider once lien has been recorded. Attorney clarified that.an.appeal.can be filed wiih the-Circuit-Court._ The City- Council is only body that can change the. lien once recorded. NEW BUSINESS: Interview and, Recommendation to City Council Re: Prospective New Board Member:- Lars Holfve. Mr. Holfve responded to Russell that he is. not a United States.citizen nor a registered voter:. Mr. Holfve responded to Stewart that Mayor Randels stated that the City needs citizens to engage in City actions. Stated he is state certified in many areas and has knowledge in this area. He noted he would have to abstain to items that he had an interest in. There was some discussion regarding his view on the Ocean Park North fine. Attorney asked if he had relatives employed, exiting contracts, business in Cape Canveral Mr.Lars replied NO. A short discussion followed. Motion by Stewart, seconded by Hale to recommend Mr. Holfve to city council for a second alternate member of the Code Enforcement Board. Ms. Russell reminded Mr. Holfve that you surrender your right to file complaints. Mr. Holfve was asked again if he does business in the city of Cape Canaveral. He said he misunderstood the question the first time, YES he does do business in the city from time to time. COMPLIANCE HEARINGS: Code Enforcement Board Meeting Minutes November 21, 2002 Page 3 1. Case No. 2002- DRS - 00190, Jovan Barzelatto, 515 Fillmore Avenue -Standard Unsafe Building Abatement Code 1985 Edition, Repairing of roof shed to code with building permit. (tabled at previous meeting). Have permit and are working on the shed and have six months to take care of it. Leave as stands and it should be done by the next meeting. Board asked to be notified when it comes into compliance. The safety hazard roof has been removed. Motion by Ms.Russell to find it in partial compliance and obtained permit, complete construction and notify building dept when final inspection is ready. seconded by Mr. Stewart Motion carried unanimously 2. Case No. 2002- DRS -191, Yogi Patel -6850 N. Atlantic Avenue -Violation of Section 34- 97(b)(2), Screening of Dumpstei• Area. (Board Order imposed at previous meeting). Not in full compliance, screen up without permit. Motion by Hartley, seconded by Hale Case No. 00191, find Patel not in compliance and board order dated 10 -17 -02 and not complete repairs or pulled permits that the fee stated in prior hearing be put in effect. 3. Case No. 2002- DRS -192, Yogi Patel - 6850 N. Atlantic Avenue - Violation of Section . 34 -97, Responsible for Maintenance of Parking Areas required. (Board Order imposed at previous meeting). Not incompliance. Motion by Hartley, seconded by Godfrey case 191, find Patel not in compliance and board order dated 10 -17 -02 and not complete repairs or pulled:permits:that the:,- fee stated in, prior hearing be put into effect. Second by Hale. 4. Case No. 2002- DRS -198, Atlantic Gardens Association, 8401 N. Atlantic Avenue - Violation of Section 3401.3.1, Required Minimum Standards of Safety Maintained. (BoarOrder imposed at previous meeting). . Mr. Watson testified that Case No.2002- DRS -198 was. in compliance. PUBLIC HEARINGS:. 1. Case No. 2002 -JW- 00082, Peter Nativo, 241 Cherie Down Lane - Violation of Section 34 -38, Owner's Responsibility for Maintenance. As per Mr. Watson, Case No. 2002 -JW -00082 has been withdrawn. 2. Case No. 2002 - DRS - 00145, Daniel Rives; 186 Long Point Road - Violation of Section 110 -295, Prohibited Uses and Structures. Mr. Watson testified that it is home occupation childcare that is in residential location, not . permitted in that area. Original zoned commercial as special variance. West end unit condo. Watson entered letter as Exhibit A. She is childcare licensed through the state for 10 children to one caretaker. City believes this will cause additional traffic. Violation of 25% rule, traffic generation, Attorney suggested this be brought to City Council for review. City Ordinance may need to address this issue as the Statute has. Attorney recommended table this item and be sent to City council. Motion by seconded by Stewart to table case #145 and send to City Council for review. 3 Case No. 2002 - DRS -199, Atlantic Gardens Association, 8401 N. Atlantic Avenue - Violation of Section 1509.1.2.3., Minimum Slope or Retention of Roof Required. (Tabled at previous meeting). Mr. Watson testified that Case No. 2002- DRS -0199 was incompliance. Code Enforcement Board Meeting Minutes November 21, 2002 Page 4 4. Case No. 2002 -MR- 00208, Donald Regan, Jr:, 107 Justamere Road - Violation of Section 34- 98, Building Appearance and Maintenance. Mr. Watson testified that Case No.2002 -MR =00208 was in compliance. 3. Case No. 2002 -JW.- 00225, Donald Regan, Jr.; 107 Justamere Road - Violation of Section 34- 98, Building Appearance and Maintenance. Mr. Watson testified that Case No. 20024W =00225 was in compliance. 4. Case No.- 2002 -MR- 00209, Donald.Regan; Jr.;. 105 Justamere Road - Violation of Section 34 =97, Duties and Responsibilities for Property Maintenance and Overgrowth. Mr. Watson testified that Case No. 2002 -MR -00209 was in compliance. 5. Case No. 2002 -MR- 00211, Mauna Trading Corp., 8200 Astronaut Blvd. -Violation of Section 34 -97, Duties and Responsibilities for. Property Maintenance. Mr. Watson testified that Case N. 2002 -MR -00211 was in compliance. 6. Case No Tabled until. next meeting, Motion by Russell, seconded by Godfrey. 7. Case No. 2002 -MR- 00215; Robert Hopkins; 6815 N. Atlantic Ave. - Violation of Sections 104 & 105, Florida Building Code,. Permits and Inspections.; . Mr. Watson testified that, Case No ,..2002 MR -00215 was incompliance.- 8. Case No. 2002 -MR- 00216; Douglas Labnon; 249 Cherie Down Lane - Violation of Sections 104 & 105, Florida Building Code, Permits and Inspections. Table until next meeting, Motion by Russell; seconded by Godfrey. 9. Case No. 2002 -MR- 00220, Donald Regan, Jr.; 105 Justamere Road - Violation of Section 34 -96, Maintenance Standards Established. Mr. Watson testified that Case No. 2002 -MR -00220 was in compliance 12. Case No. 2002 -MR- 00221. Donald Regan: Jr.. 105 Justamere Road - Violation of Sectior 34 -98, Building Appearance and Maintenance. Not completed at this time. Skirting & railings are not done. Motion by Russell to find Mr.Regan in violation of section 34 -98. Mr. Regan must come into compliance by Monday, December 2, and notify building dept uon completion. Failure to come into compliance will result in a fine of $100 first day, $50 every day thereafter, seconded by Godfrey. Reoccurrance to be dealt with by usual means. 10. Case No. 2002 -MR- 00222, Donald Regan, Jr., 105 Justamere Road - Violation of Chapter 82, Article V, Section 82 -116, Adoption of National Electrical Code, 1999 Edition. Mr Watson testified that Case No.2002 -MR -00222 was in- compliance 11. Case No. 2002 -MR- 00223, Donald Regan, Ji•., 105 Justamere Road - Violation of Section 110 -551, Recreational Vehicles, Boats, and Trailers. Mr. Watson testified that Case No. 2002-NM-00223 was in compliance. He showed the board pictures marked exhibit A. Code Enforcement Board Meeting Minutes November 21, 2002 Page 5 15. International Property Maintenance. Mr. Watson testified that Case No. 2002-MR-00224 was in compliance. REQUEST FOR RE- RECONSIDERATION OF IMPOSED FINE: 1. Case No. 2002 - DRS - 00146, Ocean Park North Condominium Association, Inc. - 350 Taylor Avenue - Violation of Sections 104 & 105, Florida Building Code - Permits and Inspections required of the Cape Canaveral Code of Ordinances: (Imposed fine reduced at previous meeting. This agenda item is another request). Case was heard at the beginning of meeting. DISCUSSION: 1: ...Discussion Re: Code Enforcement Forms and Procedures - JeffrevP. Buak. Assistant City Attorney Drie to the length: of the. meeting .i.t was.stigge.sted thatahey talk:about,it<at.a later..date:._. _ Motioned by Stewart.seconde&by Russell. Motion: carried' unanimously: ADJOURN: Motion,by Mn. Stewart; .seconded by, Mr. .Hale to adjourn the meeting,at9!15.PM:r Motion carried.. unanimously.— Approved. on this: day of �0 J_ , 2002.. Mary Russ A, Chairperson 4)e Scofield, Board Secretary A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on October 17, 2002, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Acting Chairperson Ratliff called the meeting to order at 7:00 P.M. The Recording Secretary called the roll. MEMBERS PRESENT Jeffrey Ratliff • Acting Chairperson Craig Stewart Charles Biederman Karen Hartley MEMBERS ABSENT Mary Russell Chairperson Walter Godfrey Vice Chairperson OTHERS PRESENT Jeff Buack Assistant City Attorney Morris Reid Code Enforcement Official Thomas Bubb Assistant Building Official Virginia Haas Recording Secretary It was note_ d that the next regularly scheduled meeting would be held on November 21, 2002.. Approval of Meeting Minutes, September 19, 2002 Mr. Hale submitted that he was in attendance at the September 19, 2002 Meeting. Motion by Mr. Stewart; seconded by Mr. Hale to approve the meeting minutes of September 19, 2002 with the noted change above. Vote on the motion carried unanimously. Attorney, Buak swore in all persons giving testimony. Code Enforcement Board Meeting Minutes October 17, 2002 Page 2 PUBLIC HEARINGS:. Case No. 2002 -DRS- 00190, Jovan Barzelatto, 515 Fillmore Ave. - Standard Unsafe Building Abatement Code 1985 Edition, Repairing of roof shed to code with building Permit. Mr. Reid testified that Mr. Barzelatto had obtained a permit. Mr. Reid requested that Case Number 2002 -DRS -00190 be tabled. Motion by Mr. Stewart; seconded by Mr. Hale to table Case No. 2002- DRS - 00190. Motion carried unanimously. 2. Case No 2002 - DRS -00198 Atlantic Gardens Association, 8401 N. Atlantic Avenue - Violation of Section 3401.3. 1, Rewired minimum standards of safety maintained. Mr. Reid testified that Atlantic Gardens Association has asked for a ten -day extension through a letter entered as exhibit A. Mr. Forrest Bivens, 8401 N. Atlantic Avenue, testified that Atlantic Gardens Association had previously received a citation on September 30, 2002 allowing 10 days for compliance and nothing has been done. Mr. Bivens testified that he continues to have water leakage in his home. Mr. Reid responded to Mr. Stewart that this case was a building code violation and his review shows that at least fifty percent of the roof would need to be repaired or replaced. Mr. Stewart questioned a safety issue may exist? Mr. Bivens testified that he resides on the top floor unit and has water in his closets and two areas of the ceilings have given way. Mr. Stewart stated that this violation should be handled immediately prior to an ordered evacuation and stressed the health and safety of the . building. - Mr. Reid responded to Mr. Stewart that he would walk the permit through provided Atlantic Gardens Association hire a contractor. Motion by Mr. Stewart; seconded by Mr. Biederman to find Case Number 2002 - DRS -00198 in non - compliance and impose the following Board Order: There was some discussion regarding incorporating Case Number 2002 -DRS -00198 with Case Number 2002 -DRS- 00199, to which Attorney Buak suggested re- noticing Case Number 2002 - DRS -00199 due to improper statute reference. CODE ENFORCEMENT BOARD (PUBLIC HEARING) - FINDINGS OF FACT CONCLUSION OF LAW - ORDER Code Enforcement Case No. 2002 - DRS -00198 Re: VIOLATION OF THE CAPE CANAVERAL CITY CODE OF ORDINANCES The Code Enforcement Board has heard testimony at the code Enforcement Board Hearing held on the 17`h day of October 2002, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONSLUSION OF LAW AND ORDER. FINDINGS OF FACT: Section 3401.3.1 Required Minimum Standards of Safety Maintained. Remains in Violation. CONCLUSION OF LAW: Atlantic Gardens Association is in violation of Section 3401.3.1 Required Minimum Standards of Safety Maintained required of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes October 17, 2002 Page 3 ORDER: That Atlantic Gardens Association shall comply with the aforementioned Sections of the City Code of Ordinances on or before October 21, 2002 5:00 PM by taking the following action: Section 3401.3.1 Required Minimum Standards of Safety Maintained. Obtain a roofing permit for Building L on or before October 21, 2002 5:00 PM and complete the roofing repairs or replacement within 30 days. Upon completion of repairs Atlantic Gardens Association shall immediately notify Moms Reid, a City Official for an inspection to determine compliance. Morris Reid shall inspect the property and notify the Board of compliance. However, upon failure to obtain a permit for roofing by October 21, 2002 5 PM and completing roofing repairs or replacement within 30 days, there shall be a fine of $100 for the first day of non - compliance and $100 per day thereafter until the property is brought into compliance, which shall include all costs and fees incurred by city staff enforcing this order. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. DONE AND ORDERED THIS 10/18/2002 at Cape Canaveral, Brevard County, Florida. Vote on the main motion carried unanimously. 3. Case No. 2002 -DRS- 00199, Atlantic Gardens Association, 8401 N. Atlantic Avenue - Violation of Section 1509.1.2.3, Minimum slope or retention of roof required of the Cape Canaveral Code of Ordinances. Attorney Buak stated that there was improper section referral and Atlantic Gardens Association would have to be re- noticed prior to taking any action. Motion by Mr. Stewart; seconded by Mr. Hale to table Case number 2002 - DRS -00199 until the next Code Enforcement Board Meeting. Motion carried unanimously. 4. Case No. 2002 -DRS- 00197, Robert and Tricia Varner — 220 Canaveral Beach Boulevard - Violation of Section 34 -97 Duties and responsibilities for maintenance Required of the Cape Canaveral Code of Ordinances. Mr. Reid testified that Case Number 2002 - DRS -00197 was now in compliance. 5. Case No. 2002 - DRS -00194 Kevin Keeney — 516 Madison Avenue A. - Violation of Section 34 -181, Storing, parking or leaving on private property. Mr.'Reid testified that Case Number 2002 - DRS -00194 was now in compliance. 6. Case No. 2002 - DRS -00195 Nathan West — 505 Fillmore Avenue #2, - Violation of Section 34 -181, Storing, parking or leaving on private property. Mr. Reid testified that Case Number 2002 - DRS -00195 was now in compliance. Code Enforcement Board Meeting Minutes October 17, 2002 Page 4 7. Case No. 2002 -DRS- 00191, Yogi Patel — 6850 N. Atlantic Avenue, - Violation of Section 34- 97(bb)(2) Screening-of dumpster area on three sides required of the Cape Canaveral Code of Ordinances. Mr. Reid submitted pictures entered as exhibit A. Mr. Reid testified that the certified notice of violation was received on September 27, 2002 and there has been no contact. Motion by Mr. Stewart, seconded by Mr. Hale to find Case Number 2002 - DRS -00191 in non - compliance and issue the following Board Order: CODE ENFORCEMENT BOARD (PUBLIC HEARING) — FINDINGS OF FACT CONCLUSION OF LAW — ORDER Code Enforcement Case No. 20027DRS -00191 Re: VIOLATION OF THE CAPE CANAV ERAL CITY CODE OF ORDINANCES The Code Enforcement Board has heard testimony at the code Enforcement Board Hearing held on the 17'h day of October 2002, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONSLUSION OF LAW AND ORDER. FINDINGS OF FACT: Section 34- 97(b)(2) Screening of dumpster area on three sides remains in violation. CONCLUSION OF LAW: Yogi Patel -is in violation. of Section, 34- 97(b)(2) Screening of dumpster area on three'sides required of the Cape_ Canaveral. Code. of Ordinances.. ORDER: That Yogi Patel shall comply with the aforementioned Sections of the City Code of Ordinances on or before October 21, 2002 5:00 PM by taking the following action: Section 34- 97(b)(2) Screening of dumpster area on three sides. Obtain a permit for a dumpster enclosure. on or before October 21, 2002 5:00 PM and complete the enclosure by October 28, 2002. Upon completion of enclosure Yogi Patel shall immediately notify Morris Reid, a City Official for an inspection to determine compliance. Morris Reid shall inspect the property and notify the Board of compliance. However, upon failure to obtain a permit for a dumpster enclosure by October 21, 2002 5 PM and completing the enclosure by October 28, 2002, there shall be a fine of $50 for the first day of non - compliance and $50 per day thereafter until the property is brought into compliance, which shall include all costs and fees incurred by city staff enforcing this order. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. DONE AND ORDERED THIS 10/18/2002 at Cape Canaveral, Brevard County, Florida. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 17, 2002 Page 5 8. Case No. 2002 - DRS - 00192, Yogi Patel — 6850 N. Atlantic Avenue. - Violation of Section 34 -97 Responsible for Maintenance of Parking areas required of the Cape Canaveral Code of Ordinances. Mr. Reid submitted pictures entered as Exhibit A. Mr. Reid responded to Mr. Stewart that this case was not a safety hazard and Mr. Patel was served the notice on September 27, 2002. Mr. Reid testified that Mr. Patel has made no contact with the Building Department. Motion by Mr. Stewart, seconded by Mr. Biederman to find Case Number 2002 -DRS -00192 in non- compliance and issue the following Board Order: CODE ENFORCEMENT BOARD (PUBLIC HEARING) — FINDINGS OF FACT CONCLUSION OF LAW — ORDER Code Enforcement Case No. 2002 -DRS -00192 Re: VIOLATION OF THE CAPE CANAVERAL CITY CODE OF ORDINANCES The Code Enforcement Board has heard testimony at the code Enforcement Board Hearing held on the 17'' day of October 2002, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONSLUSION OF LAW AND ORDER. FINDINGS OF FACT: Section 34 -97 Responsibilities for Maintenance of Parking areas remains in violation. CONCLUSION OF LAW: Yogi Patel is in violation of Section 34 -97 Responsibilities for Maintenance of Parking areas required of the Cape Canaveral Code. of Ordinances. ORDER: That Yogi Patel shall comply with the aforementioned Sections of the City Code of Ordinances on or before October 21, 2002 5:00 PM by taking the following action: Section 34- 97 Responsibilities for Maintenance of Parking areas. Obtain a permit for paving on or before October 21, 2002 5:00 PM and complete the paving by November 21, 2002. Upon completion of the paving Yogi Patel shall immediately notify Morris Reid, a City Official for an inspection to determine compliance. Morris Reid shall inspect the property and notify the Board of compliance. However, upon failure to obtain a permit for paving by October 21, 2002 5:00 PM and completing the paving by November 21, 2002, there shall be a fine of $100 for the first day of non - compliance and $100 per day thereafter until the property is brought into compliance, which shall include all costs and fees incurred by city staff enforcing this order. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. DONE AND ORDERED THIS 10/18/2002 at Cape Canaveral, Brevard County, Florida. 9. Case No 2002 -DRS -00193 Yogi Patel — 6850 N. Atlantic Avenue, - Violation of Section 34 -97 Duties and Responsibilities for Maintenance of premises required of the Cape Canaveral Code of Ordinances. Mr. Reid testified that Case No. 2002 -DRS -00193 is now in compliance. Code Enforcement Board Meeting Minutes October 17, 2002 Page 6 10. Case No. 2002 -DRS- 00146, Ocean Park N. Condo Assoc — 350 Taylor Ave. — Violation of Section 104 & 105 Florida Building Code — Permits and Inspections required of the Cape Canaveral Code of Ordinances. Barbara Krause, Ocean Park North Association testified that they had met with the Building Department to bring the pool fence up to code and had engaged the services of a contractor to obtain the permit. Mr. Reid testified that the application was submitted August 29, 2002 and was ready to issue on August 30, 2002. Mr. Reid further testified that the permit was picked up on September 4, 2002 and Secretary Jane Schofield had called the contractor for pick up on August 30, 2002. Mr. Reid continued that an inspection was called for on the pool on September 30, 2002 and they were found in violation. Another inspection was called for on October 2, 2002 and they were found in non -compliance. Mr. Reid testified that a final inspection on October 8, 2002 found the pool barrier to be in compliance. Ms. Krause requested that the Board waive the fine due to unforeseen obstacles. Attorney Buak . explained that if the Board Order has not been recorded the fine could be lowered at the Board's discretion. Mr. Reid testified that the pool barrier was installed without a permit during a holiday weekend. Ms. Kraus testified that in April a permit was obtained..to replace.the balcony fences,surrounding the lower patio units and explained they would install the pool fence. afterward. Ms. Kraus testified that they were told by Building.Department that they could install the pool, barrier under the same permit. Mr. Thomas Bubb, Assistant Building Official. testified that. there was.. no intention to include both fences on the same permit. Mr. Bubb passed copies of the. permits for the board's review and explained the details of how each individual permit is written. Ms. Kraus responded to Mr. Stewart that Mr. Perry Wright had installed the pool barrier and. she believed him to be a licensed contractor who was available on that particular weekend.. Mr. Lars Holfve, 350 Taylor Avenue testified that the pool barrier idea began at an April board meeting when it was discussed they would have the maintenance man install the pool barrier if Mr. Holfve would not notify the Building Department. Mr. Holfve further testified that in May Mr. Dan Stephens inquired what was needed to acquire a fence permit, and then installed the fence over Memorial Day weekend. Mr. Daniel Stephens, President, Ocean Park North, testified that the pool barrier installation was a comedy of errors, that the Association was not a wealthy place, and the Association had spent much money to refurbish area. Mr. Stephens further testified that the Association hired Mr. Holfve to replace the decks and had deviated from the engineering drawings so the Association withheld $6,700. Mr. Stephens testified that they had tried to save money and should have obtained a licensed contractor from one of their bids. Mr. Reid responded to Ms. Hartley that once a permit is issued, the contractor should contact the Building Department to request an inspection. Mr. Reid further testified that on September 17, 2002 they attempted to glue ballisters in between the existing fence and those had already fallen off. Mr. Reid suggested that they bolt them in to sturdy the posts. The next inspection occurred on September 30, 2002. Code Enforcement Board Meeting Minutes October 17, 2002 Page 7 Motion by Mr. Stewart; seconded by Mr. Hale to reduce the current fine to $3,300 to be paid in full within 60 days. Should the $3,300 fine not be paid in full within 60 days the original order remains in effect. Motion passed 4 -1 with voting as follows: Mr. Biederman, For; Mr. Hale, For; Ms. Hartley, For; Mr. Ratliff, Against; Mr. Stewart, For. AUDIENCE TO BE HEARD: Mr. Roger Hill, 115 Justamere Road testified there are areas located on Justamere Road that are run down, have high grass and vehicles that don't run. Mr. Hill requested that the City enforce the codes. Mr. Reid responded that Code Enforcement has investigated several requests at this location and have found all vehicles to be tagged and appearing to run. Mr. Reid emphasized that Code Enforcement has noticed all violations possible. Mr. Del Mathews, 111 Justamere Road testified that property values are degrading due to the run down areas. Mr. Stewart recommended addressing the elected officials in writing and bringing photos to the Building Department. Mr. Mathews reiterated the fact that the City needs to enforce its code. Attorney Buak introduced Vincent Scarlatos and thanked him for reviewing procedures and policies. Attorney Buak stated that a packet was being put together for the Boards review. Motion by Mr. Stewart; seconded by Mr. Hale to adjourn the.meeting at 9:15 PM. Motion.carried unanimously. Approved on this 7 7x day of e- 7o 52002. Jeffre Tiff Actin Cha' erson Y g uP Virginia Haas, Recording Secretary CITY OF CAPE - CANAVERAL CODE ENFORCEMENT BOARD _. REGULAR MEETING SEPTEMBER 19, 2002 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on September 19, 2002, in 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 Vice Chairperson Charles Biederman Jeffrey Ratliff Karen Hartley Craig Stewart James Hale OTHERS PRESENT Anthony Garganese City Attorney Morris Reid Code Enforcement Official Susan Chapman Board Secretary Attorney Garganese swore in all persons giving testimony. It was noted that the next regularly scheduled meeting would be held on October 17, 2002. Mr. Hale advised that he was in attendance at the meeting of August 22, 2002 and requested that the minutes be amended to reflect same. Motion by Mr. Godfrey, seconded by Ms. Hartley to approve the meeting minutes of August 22, 2002 as amended. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 19, 2002 Page 2 COMPLIANCE HEARINGS Case No. 2002 - DRS -00153 - Ocean Park No. Condo Association. Code Enforcement Official Morris Reid testified that the property was in partial compliance; the permit was pulled by a licensed fence company; the Board Order stated that the compliance date was August 29th; the permit was obtained on September 4th; and to date, the fence company has not requested a final inspection. Motion by Mr. Stewart, seconded by Mr. Godfrey to find Case No. 2002 -DRS- 00146 not in compliance with the Board Order of August 22, 2002 and that the imposed fine shall continue until the property is in compliance. TABLED CASE: Case No. 200 - DRS -0153 - Michael Doyle Code Enforcement Official Morris Reid testified that the windows were installed under the 1997 Standard Building Code; the windows passed the final inspection on the day before this scheduled meeting; and. this case was in compliance. XTMA7 f- A CU. Case No. 2002 - DRS -0168 - Daniel Lupoli Code Enforcement Official Morris Reid testified that as of this meeting date this Case was in compliance. He advised that this Case was in violation after the established compliance date as stipulated in the Notice of Violation. He advised that the Notice of Violation was dated August 30th, received by the violator on September 10th. Photos were taken on July 31st and August 14th revealed that this Case was not in compliance. Motion by Mr. Godfrey, seconded by Mr. Biederman to find Case No. 2002 -DRS- 00168 in Compliance. Vote on the motion carried unanimously. DISCUSSION: City Attorney Garganese advised that the procedures for Notice of Violations do not meet the requirements of Florida Statute and needed to be revised to meet the requirements. I Code Enforcement Board Meeting Minutes September 19, 2002 Page 3 1 At the Board's request the Board Secretary gave an update of Case `No. 01 -53, Trent S. Milliken. She advised that the Order Imposing Penalty/ Lien was recorded with the Brevard County, Clerk of Circuit Court on May 14, 2002. The fine was levied in the amount of $175.00 for each day of non - compliance beginning on February 21, 2002. Chairperson Russell announced the she may not be able to attend the October meeting and asked all Board members to contact the Board Secretary if they are unable to attend. There being no further business, the meeting was adjourned at 7:30 P.M. Approved on this day of . 2002. Mary K. rVissell, Chairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING August 22, 2002 7:00 P.M. A Regular Meeting of the. Code Enforcement Board of the City of Cape Canaveral, Florida, was held on August 22, 2002, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7 :00 P.M. The Recording Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Walter Godfrey Vice Chairperson Charles Biederman Karen Hartley. MEMBERS ABSENT Jeffrey Ratliff Craig Stewart OTHERS PRESENT Anthony Garganese . City Attorney Morris Reid Building Official Denise Sherlock Code Enforcement Officer Virginia Haas Recording Secretary It was noted that the next regularly scheduled meeting would be held on September 19, 2002. Mr. Reid responded to Ms. Russell that Craig Stewart had declined to serve on the Planning & Zoning Board and would remain a member of the Code Enforcement Board. The new City Attorney Anthony Garganese was introduced and the Board thanked hire for representing the City of Cape Canaveral. Mr. Reid introduced Denise Sherlock, Code Enforcement Officer and noted her 13 years experience in Code Enforcement. Code Enforcement Board Meeting Minutes August 22, 2002 Page 2 Motion by Mr. Biederman; seconded by Mr. Hale to approve the meeting minutes of May 23, 2002 as submitted. Vote on the motion carried unanimously. Attorney Garganese swore in all persons giving testimony. Chairperson Russell requested the status of all cases mentioned in the previous minutes. Mr. Reid explained that all cases are in compliance excepting Case No. 02 -53. The Board requested staff to review compliancy of Case No. 02 -53. PUBLIC HEARINGS: Case No. 2002 - DRS - 00141, Windjammer Condominium, 555 Fillmore Ave. - Violation of Section 14 -51, Minimize artificial light during turtle hatching. Mr. Reid testified that as of the previous night all cases involving the minimizing of artificial lighting were in compliance. Mr. Reid explained that the Florida Wildlife Commission and Brevard County Natural Resources had sent the notices. Mr. Reid responded to Mr.' Biederman that the Building Department had issued notices to all Cape . Canaveral. Condominium Associations. Attorney Garganese responded to Ms. Russell that turtle season _ is May 0 to October 31S`: There was some discussion on determining sea turtle disorientation.. A diagram and spreadsheet were entered and marked as Exhibit A and Exhibit B. Chairperson. Russell. questioned the .certain, time of turtle hatching? Chairperson. Russell stated; this situation would need continual monitoring during the previously noted turtle season. Ms. Sherlock responded that the Building Department had received responses from a few Condominium Associations regarding the notices. Attorney Garganese questioned Mr. Reid if there was evidence other than turtle. tracks noted, as. moving toward the wrong direction? Mr. Reid responded to Ms. Hartley that these cases are not required to be on the agenda. There was discussion regarding the wording of the code. Mr. Reid responded to Attorney Garganese that there were not incident reports for each location. Attorney Garganese requested that a representative from Brevard County Natural Resources testify and verify the monthly incident reports. Motion by Mr. Godfrey, seconded by Mr. Hale to find Case Numbers 2002 - DRS - 00141, 2002 - DRS - 00138, 2002 - DRS - 00140, 2002 - DRS -00139 & 2002 - DRS -00137 in compliance and a letter sent to each thanking them for their compliance and encouraging continued compliance. Motion passed unanimously. 2. Case No. 2002 - DRS - 00146, Ocean Park North Condo Association, 350 Taylor Avenue - Violation of Section 104 -105, Building Permit & lnsnection Required of the Cape Canaveral Code of Ordinances. Mr. Reid testified Case No. 2002 -DRRS -00146 was not in compliance. Mr. Reid further testified that Barbara Krauss, Vice President of Ocean Park Condo Association was served notice on August 8, 2002. Mr. Reid testified that a pool fence barrier was erected that did not meet code and no permit was obtained. Photographs were entered and marked as exhibit A. Gates allow access from either end causing serious safety and life violations. Laurice Holfve, resident, Ocean Park North testified that there are problems with the fence and many children live in the area. Motion by Ms. Hartley, seconded by Mr. Godfrey to find Case No. 2002 - DRS -00146 in violation Code Enforcement Board Meeting Minutes August 22, 2002 Page 3 and issue the following Board Order via Certified Mail immediately. An Amendment was made to the main motion altering the date of compliance from September 10, 2002 to August 29, 2002. Certified No. 70012510000563499475 CODE ENFORCEMENT BOARD (PUBLIC HEARING) FINDINGS OF FACT CONCLUSION OF LAW ORDER Code Enforcement Case No. 2002 - DRS -00146 RE:. VIOLATION OF THE CAPE CANAVERAL CITY CODE OF ORDINANCES. The Code Enforcement Board has heard testimony at the Code Enforcement Board Hearing held on the 22nd day of August 2002, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER. FINDINGS OF FACT Swimming Pool Fence enclosure replaced'without benefit of building permit or inspection. CONCLUSION OF LAW . Ocean Park North Condominium Association is in Violation of Sections 104.& 105, Florida Building Code - Permits & Inspections of the Cape Canaveral Code of Ordinances. W: -by"! That Ocean Park North Condominium Association shall comply with the aforementioned Sections of the City Code of Ordinances on or before August 29, 2002 by taking the following action: Immediately engage services of a licensed contractor, acquire a building permit and erect a code compliant perimeter fence surrounding swimming pool area. Notify the City of Cape Canaveral Building Department upon completion. The Order shall further provide that upon compliance, Ocean Park North Condominium Association shall notify Mr. Thomas Bubb or Mr. Todd Morley, Building Inspectors upon completion. The Building Inspector shall inspect the property and notify the Board of compliance. However, upon failure to comply by August 29, 2002 there shall be a fine of $250.00 for the first day of non - compliance and $250.00 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 $250.00 for each and every day until the property is brought into compliance. Code Enforcement Board Meeting Minutes August 22, 2002 Page 4 Should a dispute arise concerning compliance, either party may request a further hearing before the Board. DONE AND ORDERED this 23rd day of August 2002 at Cape Canaveral, Brevard County, Florida. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Vote on the main motion and the amendment to the main motion passed unanimously. 3. Case No. 2002 - DRS - 00150, Hertz Rent A Car, 6213 N. Atlantic Avenue - Violation of Section 70 -69, Occupational License Required of the Cape Canaveral Code of Ordinances. Mr. Reid testified Hertz received a special exception providing landscaping was installed on the south side and a sidewalk was installed on the north side of the property as a landscaping buffer. Mr. Reid further testified that. Hertz had applied and paid for an occupational .license, that is awaiting the Treasurers signature. There was discussion regarding parking. spaces, off site parking sidewalks and landscaping. Mr., Leo Nicholas stated that the special exception would now have to be amended. Mr. Reid testified that Case No. 2002 - DRS - 00150 is in, compliance. 4. Case No. 2002 - DRS - 00153, Michael Doyle — 375 Polk Avenue #A -7 -- - Violation of. -. Section 104 & 105, Building Permit & Inspection Required of the Cape Canaveral Code of Ordinances. Ms. Sherlock testified that a memo was received asking to re -open this case and that no permit was issued for the installation of the windows. Ms. Sherlock further testified that a permit was applied for but the permit could not be issued because the window did not did not meet the current wind load code that went into effect March 2002. Mr. Jim Roach, Ocean Screens, Cape Canaveral testified that he sold the windows to Mr. Doyle on February 6, 2002 and had explained to Mr. Doyle that the codes would change in March 2002. It was explained that the Windows were installed prior to March 2002 but no permit was filed at that time, the permit was obtained after the complaint was filed. Mr. Roach responded to Chairperson Russell that the windows face north and south. A declaration statement was entered and marked exhibit A. Mr., Reid responded to Chairperson Russell that a professional install is not required. Attorney Garganese clarified that the permit could not be issued because engineering is based on the 1994 Code. Mr. Reid stated that the windows have to be tested to ensure the frames were set for code - required mile per hour wind. Mr. Godfrey stated that Mr. Doyle installed the windows prior to the change of code with required engineering specifics at that time. (It was noted the windows were 400 PGT series) Mr. Reid responded to Chairperson Russell that the Building Department receives approximately six to twelve window replacements requests per month. Chairperson Russell stated the City should notice the citizens of code changes. Code Enforcement Board Meeting Minutes August 22, 2002 Page 5 Motion by Chairperson Russell; seconded by Mr. Godfrey to find Case No. 2002 - DRS -00153 to be in compliance provided that the windows manufacturer requirements meet the 1997 wind load code. Discussion ensued. Ms. Hartley asked what precedence would the. board be setting. Attorney Garganese suggested researching the code more thoroughly and table the matter allowing Attorney Garganese time to meet with the Building Official to conclude which code applies. Motion by Chairperson Russell, seconded by Ms. Hartley to withdraw the original motion and table Case Number 2002 - DRS - 00153. Vote on the motion carried unanimously.. 5. Case No. 2002 - DRS - 00138, James Johnson -430 Johnson Ave. Unit 503C, - Violation of Section 14 -51, Minimize artificial light during turtle hatching. Mr. Reid testified Case No. 2002 - DRS -00138 is in compliance. 6. Case No. 2002 - DRS - 00140, Ronald Kister — 423 Lincoln Ave., - Violation of Section 14- 51, Minimize artificial light during turtle hatching. Mr. Reid testified Case No. 2002 - DRS -00140 is in compliance. 7. Case No. 2002 - DRS - 00139, Tim Moriarty — 425 Lincoln Ave., - Violation of Section 14- 51, Minimize artificial light during turtle hatching Mr. Reid testified Case No. 2002 - DRS -00139 is in compliance. 8. Case No. 2002 - DRS - 00137, Tides Inn Condo Association, Alfonso Vicidomini — 421 Lincoln Ave. #2 Lincoln Ave., - Violation of Section 14 -51; Minimize artificial light during turtle hatching, Mr. Reid testified Case No. 2002 - DRS -00137 is in compliance. 9. Case No. 2002 - DRS - 00149, James M. Jr. & Elizabeth Venable — 6213 N. Atlantic Ave. - Violation of Section 110- 567(a)(4), Landscaping requirements for parkin areas reas per the Cape Canaveral Code of Ordinances. Mr. Reid testified that Case No. 2002 - DRS -00137 is in compliance. There being no further business, the meeting adjourned at 8:20 P.M. Chairperson Russell requested Jeff Ratliff be located and Craig Stewart's status. Approved on this U. Aday of S�,o f�.r► S �.t , 2002. Mary Russ , Chairperson Virginia Haas, Recording Secretary I CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING May 23, 2002 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on May 23, 2002, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:00 P.M. The Recording Secretary called the roll. MEMBERS PRESENT Charles Biederman Karen Hartley Jeffrey Ratliff Craig Stewart MEMBERS ABSENT Mary Russell Walter Godfrey OTHERS PRESENT Stephen Mays Moms Reid Virginia Haas Acting Chairperson Chairperson Vice Chairperson City Attorney Code Enforcement Official Recording Secretary Q It was noted that the next regularly scheduled meeting would be held on June 20, 2002. Motion by Mr. Bierderman, seconded by Mr. Hale to approve the meeting minutes of April 18, 2002 as submitted. Vote on the motion carried unanimously. Attorney Mays swore in all persons giving testimony. PUBLIC HEARINGS: 1. Case No. 02-47, Rebecca J. Nelly dba Greg Lambert Apartments 7604 Orange Avenue - Violation of Section 70 -67, Occupational License Required of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes May 23, 2002 Page 2 Mr. Reid testified that Case No. 02-47 was not in compliance. A notice was sent by certified mail on April 15, 2002 and there has been no response and no one was present for representation. Motion by Mr. Stewart, seconded by Mr. Biederman to find Case No. 02-47 in Violation as follows: Findings of Fact: Rebecca J. Nelly dba Greg Lambert Apartments, 7604 Orange Avenue, has not renewed or obtained required City Occupational License. Conclusion of Law: Rebecca J. Nelly dba Greg Lambert Apartments is in Violation of Section 34 -181, Occupational License Required of the City of Cape Canaveral Code of Ordinances. A1:IT That Rebecca J. Nelly dba Greg Lambert Apartments shall comply with the aforementioned Section of the City Code of Ordinances on or before June 20, 2002 by taking the following action: Immediately obtain a City of Cape Canaveral Occupational License through the Finance Department located at 105 Polk Avenue, Cape Canaveral, FL 32920. Phone 321 - 868 -1234. The Order shall further provide that upon compliance, Rebecca J. Nelly dba Greg Lambert Apartments shall notify Moms Reid, Code Enforcement Official, who shall notify the Board of compliance. However, upon failure to comply by June 20, 2002, there shall be a fine of $25.00 for the first day of non - compliance and $25.00 per day thereafter, until brought into compliance, which shall include all costs for fees incurred by city staff. Should the violation reoccur, upon notice by the Code Enforcement Official, a fine shall be imposed in the amount of $25.00 for each and every day until brought into compliance. Vote on the motion carried unanimously. Case No. 02-48, George and Aaron Pittman dba Space Coast Shutters, 223 Jefferson Avenue, #C - Violation of Section 70 -67, Occupational License Required of the Cape Canaveral Code of Ordinances. Mr. Reid testified that Case No. 02-48 was in compliance. Case No. 02 -53, Jack Gunn dba Action Lawn Maintenance and Landscaping, 251 Canaveral Beach Boulevard - Violation of Section 70 -67, Occupational License Required of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes May 23, 2002 Page 3 IN Mr. Reid testified that Case No. 02 -53 was not in compliance, and photos of Mr. Gunn practicing business were submitted and marked as Exhibit A. Motion by Mr. Stewart, seconded by Mr. Hale to find Case No. 02 -53 in Violation as follows: FINDINGS OF FACT: Jack Gunn dba Action Lawn Maintenance and Landscaping, 251 Canaveral Beach Boulevard, has not renewed or obtained required City Occupational License. CONCLUSION OF LAW: Jack Gunn dba Action Lawn Maintenance and Landscaping is in Violation of Section 34- 181, Occupational License Required of the City of Cape Canaveral Code of Ordinances. ORDER: That Jack Gunn dba Action Lawn Maintenance and Landscaping shall comply with the aforementioned Section of the City Code of Ordinances on or before June 20, 2002 by taking the following action: Immediately obtain a City of Cape Canaveral Occupational License through the Finance Department located at 105 Polk Avenue, Cape Canaveral, FL 32920. Phone 321 - 868 -1234. The Order shall further provide that upon compliance, Jack Gunn dba Action Lawn Maintenance and Landscaping shall notify Morris,Reid, Code Enforcement Official, who shall notify the Board of compliance. However, upon failure to comply by June 20, 2002, there shall be a fine of $25.00 for the first day of non - compliance and $25.00 per day thereafter, until brought into compliance, which shall include all costs for fees incurred by city staff. Should the violation reoccur, upon notice by the Code Enforcement Official, a fine shall be imposed in the amount of $25.00 for each and every day until brought into compliance. Vote on the motion carried unanimously. 4. Case No 02 -54 Request for Hearing Regarding 72 Hour TowingL Notice 217 Lincoln Avenue (1992 Ford Taurus) - Violation of Section 70 -67, Occupational License Required of the Cape Canaveral Code of Ordinances. Mr. Reid testified that there was an appeal on April 24, 2002 however Case No. 02 -54 is still in violation. Mr. Reid submitted photos marked as Exhibit A. Motion by Ms. Hartley, seconded by Mr. Stewart to find Case No. 02 -54 in violation of section 70 -67. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes May 23, 2002 Page 4 5. Case No. 02 -81, Request for Hearing Regarding 72 Hour Towing Notice - 7521 Magnolia Avenue, (1972 Ford F100) - Violation of Section 70 -67, Occupational License Required of the Cape Canaveral Code of Ordinances. Mr. Reid testified that Case No. 02 -81 is still in non - compliance. Photos were submitted and entered as Exhibit A. Motion by Ms. Hartley, seconded by Mr. Stewart to find Case No. 02 -81 in non - compliance (Harry Williams ) of Chapter 70 -67. Vote on the motion carried unanimously. Mr. Stewart questioned the Milliken package. Mr. Reid responded that the Board was given the packets for their review prior to the next Board Meeting. There being no further business, the meeting was adjourned at 7:20 P.M. Approved on this ZZrJ day of A u 6r as Virginia Haas, Recording Secretary 2002. Jeffrey atliff, Acting Chairpers CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING April 18, 2002 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on April 18, 2002, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:00 P.M. The Recording Secretary called the roll. MEMBERS PRESENT Mary Russell Walter Godfrey Charles Biederman Jeffrey Ratliff Craig Stewart MEMBERS ABSENT Karen Hartley OTHERS PRESENT Mark McQuagge Morris Reid Jim Watson Virginia Haas Chairperson Vice Chairperson City Attorney Building Official Code Enforcement Officer Recording Secretary Attorney McQuagge swore in all persons giving testimony. It was noted that the next regularly scheduled meeting would be held on May 23, 2002. Motion by Mr. Biederman; seconded by Chairperson Russell to approve the meeting minutes of March 21, 2002 as submitted. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes .April 18, 2002 Page 2 Chairperson Russell stated she would not be able to attend the next meeting and Mr. Godfrey was uncertain about attendance as well. The Board requested that prior to the next meeting checking to assure a quorum would be present. Attorney McQuagge swore in all persons giving testimony. COMPLIANCE HEARINGS: 1. Case No. 02 -27, Request for Hearing Regarding 72 Hour Towing Notice - Nathan West, 224 Adams Avenue. Mr. Watson testified that Case No. 02 -27 is now in compliance. PUBLIC HEARINGS: 1. Case No. 02 -29 and 02 -30, Augustus Puckett, 302 Madison Avenue; Violation of Sections 110 -292, Principal Uses and Structures; and 110- 523, Occupational License Required of the Cape Canaveral Code of Ordinances. (Postponed at Previous Meeting) Photos of 302 Madison Avenue were entered as Exhibit A. Mr. Watson testified that the house was clean, no beds in the living room, and only Mr. Puckett was present. Mr. Puckett submitted General Information about Restoration House, referring to Article 11, section J entered as Exhibit B. Mr. Puckett testified that the Corporation would expire naturally in May 2002. Mr. Puckett further testified that the juvenile moved to Massachusetts and he is no longer required to become guardian. Mr. Puckett testified there are two people scheduled to move into his house - Daniel Sanders for one month, and Mark Dumas. Chairperson Russell clarified that only four persons would be staying there at one time. The Board reviewed the police incident report showing the last incident to have occurred on March 23, 2002. Mr. Puckett responded to Mr. Hale that the automobile was moved on March 24, 2002. Chairperson Russell stated that it appears Mr. Puckett is still opening his home and taking people in as restoration cases. Mr. Puckett testified that Mr. Sanders and Mr. Dumas pay to reside at his residence but there are no written contracts or leases. Attorney McQuagge stated that Mr. Puckett resides in an R -2 section and the code states that it is not allowable for four non - related persons to reside there unless a special exception is granted. Code Enforcement Board Meeting Minutes April 18, 2002 Page 3 Attorney McQuagge questioned if Mr. Puckett charging rent alters the meaning of the code and that Mr. Puckett may still be in violation of the uses of R -2 zoning. Chairperson Russell stated that if Mr. Puckett is found at present to be in compliance, and the violation reoccurs at a later date, the Board would then issue a board order. Attorney McQuagge stated enforcement should occur to assure not more than four persons reside at the residence at one time. It was noted that Mr. Ramos did not testify or attend the meeting. Mr. Stewart commented -on Mr. Puckett's honesty to the Board. Motion by Chairperson Russell, seconded by Mr. Godfrey to find Mr. Puckett, in compliance at this time, however if evidence is presented at a future date to find him not in compliance, the Board will fine, Mr. Puckett $100 per day and. $25 each day thereafter until found to be in compliance. The motion carried unanimously with Mr. Stewart abstaining due to a conflict of interest. 2. Case No. 02 -42, Request for Hearing Regarding 72 Hour Towing, Notice - Dane Schomp, 404 Tyler Avenue, #1. Mr. Watson stated that the vehicle, is presently not in. compliance and photos were entered as Exhibit A. Mr. Watson responded to Mr. Russell that the vehicle was cited on April 11, 2002. Mr. Schomp requested if the board would give him a few more days. to complete the work on the vehicle.. Chairperson Russell. questioned Mr.. Schomp if he understood the code regarding the notice. Mr. Schomp testified that he hopes to have the work completed by the end of weekend, however would appreciate the Board allowing him until Wednesday. Mr. Schomp further testified that he was waiting for the state of Massachusetts to send the title for the vehicle and produced his driver's license. Motion by Mr. Biederman, seconded by Mr. Godfrey to table Case No. 02 -42 until May 23, 2002 meeting. The motion carried unanimously. 3. Case No. 02 -38, Violation of Section 70 -67, Occupational License Required of the Cape Canaveral Code of Ordinances, 420 Madison Avenue. Mr. Watson testified that Case No. 02 -38 is now in compliance. Code Enforcement Board Meeting Minutes April 18, 2002 Page 4 4. Case No. 02 -39, Violation of Section 70 -67, Occupational License Required of the Cape Canaveral Code of Ordinances, 233 Jackson . Avenue. Mr. Watson testified that Case No. 02 -39 is now in compliance. 5. Case No. 02 -40, Violation of Section 70 -67, Occupational License Required of the Cape Canaveral Code of Ordinances, 8110 Canaveral Boulevard. Mr. Watson testified that Case No. 02-40 is now in compliance. 6. Case No. 02-44, Violation of Section 70 -67, Occupational License Required of the Cape Canaveral Code of Ordinances, 8850 Brown Circle. Mr. Watson testified that Case No. 02-44 is now in compliance. 7. Case No: 02 -46,. Violation of Section-70-67, Occupational .License Required of the Cape Canaveral Code of Ordinances, 6 Hitching Post Road. Mr. Watson testified that Case No. 02-46 is now in compliance. Chairperson- Russell questioned the status of -the, beehive, case: Mr. Reid -stated: - that the Board Secretary mailed the notification. The Board requested a status review of the case file for the next meeting. Chairperson Russell asked for the status of the fine running with the convenience store regarding obstructions. Attorney McQuagge responded that no modifications have been made to the, sign ordinance. The . Board requested that Mr. Reid obtain a report -on the business that was robbed near Jefferson and North Atlantic. Vera Bonner testified that her son, Ed Bonner had received a citation and has registered the vehicle and is now in compliance. Code Enforcement Board Meeting Minutes April 18, 2002 Page 5 There being no further business, the meeting was. adjourned at 7:45 P.M. Approved on this X • a day of A ,,-1 "s —t' , 2002. Mary K. Rus 11, Chairperson Virginia Haas, Recording: Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 21, 2002 7 :00 P.M. A regular meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on March 21, 2002, in the City Hall Annex, 111, Polk Avenue, Cape Canaveral, Florida. The Secretary called the roll. Members Present: Mary Russell Chairperson Walter Godfrey Vice Chairperson Charles Biederman James Hale Karen Hartley Jeffrey Ratliff Craig Stewart Others Present: Mark McQuagge City Attorney Morris Reid Code Enforcement Official Susan Chapman Board Secretary Virginia Haas Administrative Assistant Chairperson Russell welcomed the new board member Mr. James Hale and thanked him for choosing to serve on the board. Approval of Meeting Minutes: February 21,'2001 Chairperson Russell questioned if the minutes contained the board recommendation on Mr. James Hale, the new Code Enforcement Board Member? The Board Secretary responded that a copy of the recommendation had been placed in the Council Agenda Packet at the last council meeting and would be placed in the minutes as well. Motion by Mr. Stewart and seconded by Mr. Hale to approve the Meeting Minutes of February 21, 2002 with the inclusion of the Board's recommendation memo regarding Mr. James Hale. The motion carried unanimously. v Establishing Next Meeting Date: April 18, 2002 Chairperson Russell announced that the next Code Enforcement Meeting would be held on April 18,'2002. Attorney McQuagge swore in all persons giving testimony. PUBLIC HEARINGS: 1. Case No. 02 -26, Request for Hearing Regarding 72 Hour Towing Notice — Michael Johnson, 215 Circle Drive. Mr. Reid testified that Case No. 02 -26 is now in compliance. 2. Case No. 02 -27, Request for Hearing Regarding 72 Hour Towing Notice -Nathan West, 224 Adams Avenue. The Board began reviewing Case No. 02 -27. Mr. Reid testified, as of this date at 4:00 p.m. Mr. West was not in compliance. Photos of the vehicle were entered as Exhibit A. At that time Mr. Nathan West entered the Annex and Chairperson Russell asked Mr. West to step forward and be sworn in. Attorney McQuagge swore in Mr. West. Mr. Reid testified that the 72 -hour towing notice was issued on January 24, 2002. Mr. West submitted a written request to appear. before. the board. Mr: Reid stated; that the vehicle did not have a current tag... Mr. West testified -that he. purchased.. the car to= perform some. work on it.. Mr.. West further testified that °the vehicle•has a -title and insurance but -no: registration. Ms:.Russell reiterated that the car must be tagged in order to come into compliance. Motion by Mr. Stewart, seconded by Mr. Godfrey to extend Mr. West time to comply until April 16, 2002 by obtaining a current tag. If Mr. West is not in compliance by April 16, 2002, the vehicle will be towed. The vote on the motion carried unanimously. 3. Case No. 02 -29 and 02 -30, Augustus Puckett, 302 Madison Avenue, Violation of Sections 110 -292, Principal Uses and Structures; and 110 -523, Occupational License Required of the Cape Canaveral Code of Ordinances. Mr. Reid testified that on February 14, 2002 a notice of violation was delivered to Mr. Puckett. Mr. Reid explained that Mr. Watson, Code Enforcement Officer, had witnessed five people at the said property, four of whom are not related to Mr. Puckett. Mr. Puckett signed both notices he received. Mr. Puckett testified that after discontinuance of his ministry, he had people renting from him and as of six months ago he had three persons renting there. Mr. Puckett stated that he had allowed several people to reside there but they are now gone. Ms. Hartley inquired if the property was his personal residence and if 2 he was running a ministry out of his house? Mr. Puckett replied that it was his residence and that there is presently a seventeen - year -old boy living there whom the mother has requested Mr. Puckett be the guardian. Ms. Hartley inquired if Mr. Puckett has a business? Mr. Puckett testified that the business is incorporated on paper only and the status of the corporation is active. Attorney McQuagge swore in witness George Robles, of 223 Madison Avenue. Mr. Robles explained that there is traffic day and night, arguing, screaming, drinking and fighting at Mr. Puckett's residence. Mr. Roble testified that the last incident occurred the previous Friday and the Police had been called. Mr. Roble verified that his house was located across the street from Mr. Puckett. Mr. Puckett agreed that there have been arguments and testified that the two persons who were causing the trouble were already gone. Chairperson Russell asked if this was a point of congregation for past tenants? Mr. Puckett replied yes and that he is trying to clean it up. Mr. Puckett clarified he had no guardianship papers for the seventeen year old residing with him. Mr. Ratliff questioned if there was a halfway house at Mr. Puckett's residence? Mr. Puckett explained that those people were there recently to move their items out but he was not running a halfway house. Mr. Puckett testified that he would not renew his corporation in May. Mr. Reid testified that Mr. Mr. Puckett needed to establish that he is not operating a business. Mr. Reid advised that there were citizen complaints. Attorney McQuagge suggested a status review of Mr. Puckett's residence, police incident reports be acquired from 302 Madison, and the board members and code enforcement officers keep an eye on the residence for activity. Motion by Mr. Godfrey and seconded by Mr. Biederman to table this item until the April 18, 2002 meeting, continue status checks, obtain police incident reports, and have Code Enforcement review the status of compliance. Motion carried by majority with Mr. Stewart abstaining due to a conflict of interest. NEW BUSINESS: 1. Notification Procedure: Motion Regarding Case No. 01 -53, Trent S. Milliken — Direction from the Board relating to imposition of the fine contained in the Board's Order of non- compliance at the previous meeting, 3 Attorney Mc,Quagge explained, per the adopted board procedures, that the order imposing penalty was not mailed to. the respondent within ten working days following the hearing. Motion by Vice- Chairperson Godfrey, seconded by Mr. Ratliff to issue the order imposing penalty as of this meeting date. Motion carried unanimously. The Board thanked Susan Chapman for her excellent service over the years as Board Secretary. There being no further business the meeting adjourned at 7:58 pm. Mary Rus 11, CHAIRPERSON -tjk � y_a _ 4L-., Virginia Haas, Recording Secretary 4 CITY OF CAPE CANAVERAL - CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 21, 2002 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on February 21, 2002, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell announced at 7:00 p.m. that the City Attorney was not present, at this time: When the City Attorney arrived, the meeting was then called to order at 7:25 P.M. The Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Charles Biederman Karen Hartley Craig Stewart MEMBERS ABSENT Walter Godfrey Vice Chairperson Jeffrey Ratliff OTHERS PRESENT Mark McQuagge City Attorney - Morris Reid Code Enforcement Official James Watson Code Enforcement Officer Susan Chapman Board Secretary City Attorney McQuagge apologized for his tardiness and swore in all persons giving testimony. It was noted that the next regularly scheduled meeting would be held on March 21, 2002. Motion by Mr. Biederman, seconded by Ms. Hartley to approve the meeting minutes of September 20, 2001 as submitted. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes February 21,2002 Page 2 1. Case No. 02 -25, Request for Hearing Regarding 72 Hour Towing Notice - David Hesston, 121 Harrison Avenue. Code Enforcement Officer Watson testified that this case was in compliance. 2. Case No. 02 -26, Request for Hearing Regarding 72 Hour Towing Notice - Michael Tohnson, 215 Circle Drive. Code Enforcement Officer Watson testified that the vehicle had an expired tag. He advised that he had no verbal contact with Mr. Johnson. The Board Secretary stated that she had spoken with Mr. Johnson on a few occasions at City Hall. The Attorney swore in Mrs. Chapman, Board Secretary. Mrs. Chapman testified that Mr. Johnson stated that he had applied for an out -of -state lost title, which was required to obtain a new tag. The Board members reviewed a photograph of the vehicle. Brief discussion followed. Motion by Mr. Stewart, seconded by Ms. Hayes to table Case No. 02 -26 until the next scheduled meeting. 3. Case No. 02 -27, Request for Hearing Regarding 72 Hour Towing Notice - Nathan West, 224 Adams Avenue. Chairperson Russell testified that Mr. West was in attendance at 7:00 p.m., however, since the meeting had not been called to order, she allowed his case to be heard at the next scheduled meeting. 4. Case No. 02 -28, Request for Hearing Regarding 72 Hour Towing Notice - Klaus Wilckens, 276 Polk Avenue, Code Enforcement Officer Watson testified that this Case was in compliance. 5. Case No. 02 -29 and 02 -30, Augustus Puckett, 302 Madison Avenue, Violation of Sections 110 -292, Principal Uses and Structures; and 110 -523, Occupational License Required of the Cape Canaveral Code of Ordinances. Mr. Stewart announced a conflict of interest due to the fact that he had previously listed Mr. Puckett's property for sale. Code Enforcement Board Meeting Minutes February 21, 2002 Page 3 Code Enforcement Officer Watson testified that Mr. Puckett was running a boarding house; Mr. Puckett had a license from the State under the name "Mens Restoration'; and that Mr. Puckett was renting rooms in his single family home in violation of City code. He further testified that research revealed that Mr. Puckett next obtained a city occupational license. Mr. Puckett was informed by city code enforcement last year that his property was not zoned for the type of requested business. Mr. Puckett had informed Mr. Watson that he rented to 4 -6 people at any one time. He further testified that an unidentified person called the Building department at approximately 4:45 p.m. and informed him that Mr. Puckett was unable to attend the meeting tonight due to illness. Mr. Stewart informed the members that this was a single family home and that Mr. Puckett had asked his church for support for his ministry, and rents rooms to his friends that would held him pay his mortgage. Morris Reid, Building Official informed the Board that Mr. Puckett had applied for a occupational license last year but was denied due to the fact that the zoning code did not allow for adult congregate living facility in a single family home. Brief discussion followed regarding Mr. Puckett not being at the meeting to give his testimony. Motion by Chairperson Russell, seconded by Ms. Hartley to table Request No. 02 -29 and 02 -30 until the next scheduled meeting. Vote on the motion carried by majority with Mr. Stewart abstaining. 6.. Case No. 01 -53, Trent S. Milliken, 307 Madison Avenue - Violation of Chapter 14, County Animal Control Ordinance. Code Enforcement Officer Watson submitted photographs taken at 10:00 a.m. this meeting date of the property showing the active beehives. Mr. Reid, Building Official verified that the beehives were still their at 5 :00 p.m. Mr. Watson further testified that the Mr. Milliken had received a circuit court judgment against him of which the court had upheld the code enforcements Board's Order that the beehive activity was in violation and now, Mr. Milliken was in violation of the judgment. Mr. Reid explained that the City Manager had requested that this Case go back to the Code Enforcement Board. City Attorney McQuagge advised that the Board should take affirmative action to find this case in violation of a previous Board Order.. Brief discussion followed. Attorney McQuagge clarified that the Board should find this case in non- compliance of previous Case No. 90 -91. Code Enforcement Board Meeting Minutes February 21, 2002 Page 4 The Board Secretary was sworn -in by City Attorney-McQuagge. The Board Secretary affirmed that the meeting minutes of February 22, 1990 were authentic and confirmed that she had written the minutes and had prepared the Board Order. She confirmed that the Order in Case No. 90 -91 stated that $175.00 per day would be imposed if the violation reoccurred. Code Enforcement Officer Watson explained that the property would need to be zoned agricultural to allow this type of use. He verified that there were no requests to delay any action. He confirmed that the Notice of Reoccurring Violation was mailed by certified mail and that Mr.- Milliken refused delivery. He had then mailed the notice by regular 1st class mail. The Board Secretary confirmed that she had mailed Mr. Milliken an agenda of the meeting. Motion by Mr. Stewart, seconded by Ms. Hartley to find Case No. ,01 -53, Trent S. Milliken in non- compliance with the Board's Order of February 22,1990, due to the fact the there exists a reoccurring violation of beehives located at 307 Madison Avenue, in violation of Chapter 14, Section 14 -3, Bees and Beehives Prohibited of the Cape Canaveral Code of Ordinances. Therefore, Trent S. Milliken is fined $175.00 for the first day of non - compliance (February 21, 2002), and $175.00 for each and every 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 8:10 P.M. Approved on this 211 day of m(l n 4 .2002. Mary K. Qussell, Chairperson Susan L. Chapman, Secretary