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HomeMy WebLinkAboutCEB 2001 MinutesCITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER, 20, 2001 . 7:00 P'.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on September 20, 2001, 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 MEMBERS ABSENT Craig Stewart OTHERS PRESENT Mark McQuagge Assistant City Attorney Morris Reid Code Enforcement Official Susan Chapman Board Secretary Attorney McQuagge swore in all persons giving testimony. It was noted that the next regularly scheduled meeting would be held on October 18, 2001. Motion by Mr. Biederman, seconded by Ms.. Hartley to approve the meeting minutes of July 19, 2001 as submitted. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes September 20, 2001 Page 2 COMPLIANCE HEARINGS 1. Case No. 01 -03, Paul and Patricia Eaton, (205 Lincoln Avenue), Section 23, Township 24 South, Range 37 East, Lots 1 & 2, Block 70, Avon by the Sea Subdivision - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Mr. Reid, Code Enforcement Official, submitted photographs of the overgrowth (Exhibit A), taken on this meeting date. He testified that the City Manager and Public Works Director planned to install sidewalks along the corner of Lincoln and Poinsetta Avenues, and would work with Mr. Eaton to remove the overgrowth. Mr. Reid recommended that the Board table this Case indefinitely. Brief discussion followed. Mr. Reid advised that he would notify the Board to bring this Case back on the Agenda after the sidewalk is installed. Motion by Mr. Godfrey, seconded by Mrs. Hartley to table Case No. 01 -03 indefinitely. Vote on the motion carried unanimously. 2. Case No. 01 -11, BEMOPIN Enterprises, Inc. (8519, 8521 & 8523 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcels 507.0, 506.0, 504.0 - Violation of Sections 34 -97 (a)(1)(2)(6) & (7), Duties and Responsibilities for Maintenance; and 34 -98 (4) & (6) Building Appearance and Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Official Reid testified that this property was not in compliance. He explained that some progress had been made since the previous meeting, however, some concrete and debris remained on -site which needed to be removed in order to bring this property into compliance. He further testified that Mr. Morgan had asked for an extension in August until September 10th, that time has expired. He advised that the Compliance date was automatically extended until September 10th because the Board did not meet last month. Mr. Reid requested that the Board give this Case an additional extension for another ten days due to the stormy conditions last week. He submitted photographs of the property (Exhibit A) taken on this meeting date. Mr. Reid verified that the remaining structure was secured. Brief discussion followed. Motion by Mrs. Hartley, seconded by Mr. Bowman to find Case No. 01 -11 in Non - Compliance with the Board Order dated July 19, 2001 and therefore, BEMOPIN Enterprises, Inc. is fined $50.00 for the first day on non - compliance, hereby extended until September 20, 2001, and $25.00 per day for each and every day thereafter, until the property is brought into compliance, plus fees incurred by City staff. Code Enforcement Board Meeting Minutes September 20,.2001 Page 3 Should the violation reoccur, upon notification by the Code Enforcement Official, a fine shall be levied in the amount of $25.00 per day until the property is brought into compliance. Vote on the motion carried unanimously. 3. Case No. 01 -13, Karlin, Daniel & Associates, Trustees, (212 -220 Lincoln Avenue, Apollo Apartments), Section 23, Township 24 South, Range 37 East, Lots 11 -16, Block 66, Avon by the Sea Subdivision - Violation of Section,34 -96 (b) & (d), Standards Established of the Cape Canaveral Code of Ordinances. Code Enforcement Official Reid submitted photographs of the swimming pool. He testified that the fence had been corrected and the pool was about 85% better than it was, but was not clean enough to swim. in. Robert Ewald, Receiver, testified that the pool area was locked and secure, the property was currently in foreclosure, two pumps and a leak in the pool were fixed. Motion by Mrs. Russell, seconded by Mr. Godfrey to find Case No. 01 -13 in Compliance. Vote on the motion carried unanimously. DISCUSSION Chairperson Russell voiced her concern that store windows are being obstructed creating a safety concern. Following discussion, the Board concluded to suggest to the Planning & Zoning Board that they consider window obstructions a safety concern and amend the sign code to prohibit obstruction of windows. There being no further business, the meeting was adjourned at 8:05 P.M. Approved on this a day of J 20m- K� 77;Z� Susan L. Chapman, Secretary Mary K. Assell, Chairperson CITY OF CAPE CANAVERAL' CODE ENFORCEMENT BOARD REGULAR MEETING JULY 19, 2001 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on July 19, 2001, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida: Vice. Chairperson Godfrey called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT Walter Godfrey Vice Chairperson Charles Biederman , Karen Hartley Craig Stewart, MEMBERS ABSENT Mary Russell Chairperson Jeffrey Ratliff OTHERS PRESENT Mark'McQuagge Assistant City Attorney Morris Reid Code Enforcement Official Susan Chapman Board Secretary Attorney McQuagge swore in all persons giving testimony. It was noted that the next regularly scheduled meeting would be held on August 23, 2001. Motion by Ms. Hartley, seconded by Mr. Biederman to approve the meeting minutes of May 17, 2001 as submitted. Vote on the motion carried unanimously. Motion by Mr. Biederman, seconded by Ms. Hartley to approve the meeting minutes of June 28, 2001 as submitted. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes July 19, 2001. Page 2 COMPLIANCE HEARINGS 1. Case No. 01 -03, Paul and Patricia Eaton, (205 Lincoln Avenue), Section 23, Township 24 South, Range 37 East, Lots 1 & 2, Block 70, Avon by the Sea Subdivision - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Mr. Reid, Code Enforcement Official, submitted photographs of the overgrowth (Exhibit A), taken on this meeting date. He testified that the Board's first Public Hearing on this Case was February 19th; the Board had imposed an Order that the property shall be brought into compliance by May 15th; on May 17th, Mr. Eaton had presented a landscaping proposal to the Board which he was going to speak with City Council for assistance as a volunteer project; no additional contact has been made by Mr. Eaton since that meeting. He further testified that this was a life safety concern because the overgrowth was blocking the visibility at the intersection. Vice Chairperson Godfrey commented that Mr. Eaton owned the last property with a sand dune that was not located on the beach. City Attorney McQuagge advised that the City had a degree of responsibility to ensure the visibility at intersections are unobstructed. He further advised that the City could remedy the situation as per Section 34 -121, however, Mr. Eaton would need to be recited under that specific code section. Code Enforcement Official Reid advised that he would issue Mr. Eaton a Notice of Violation under Section 34 -121 for a Public Hearing at the next meeting. He advised that the unobstructed setback requirement was 25 ft at each corner. Discussion followed. Mr. Wayne Coombs, citizen, testified that he. knew Mr. Eaton for a number of years. He explained that Mr. Eaton was very proud of his landscaping and his sand dune. He asked the Board to allow him to speak with Mr. Eaton to attempt to bring his property into compliance. Discussion followed. Motion by Ms. Hartley, seconded by Mr. Stewart to extend the compliance date in Case No. 01 -03 until August 16, 2001 in an effort to allow Mr. Coombs time to intercede to try to bring Mr. Eaton's property into compliance prior to the next scheduled meeting of August 23, 2001. Vote on the motion carried unanimously. 2. Case No. 01 -04, Dagget Airport Shuttle & Transport Service (228 Longpoint Road), Section 22, Township 24 South, Range 37 East, Lot 8, Block A, Longpoint Subdivision - Violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes July 19, 2001 Page 3 Code Enforcement Official Reid testified that Case No. 01 -04 was in compliance. 3. Case No. 01 -05, Time Concrete Construction, Inc. (8137 Canaveral Boulevard), Section 14, Township 24 South, Range 37 East, Parcel 518 - Violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Official Reid testified that Case No. 01 -05 was in compliance. 4. Case No. 01 -06, Action Lawn Maintenance LandscaninQ (251 Canaveral Beach Boulevard), Section 14, Township 24 South, Range 37 East, Lot 5, Block 4, Canaveral Beach Gardens Subdivision - Violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Official Reid testified that Case No. 01 -06 was in compliance. 5. Case No. 01 -07, Scott Clark's Custom Cabinetry (357 Imperial Boulevard - Bldg. D), Section 15, Township 24 South, Range 37 East, Parcel 816 - Violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Official Reid testified that Case No. 01 -07 was in compliance. 6. Case No. 01 -08, Pravin and Iyostna Patel (8050 N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Lots 1 -3, Block 13, Avon by the Sea Subdivision - Violation of Section 944 (11), Window Signs of the Cape Canaveral Code of Ordinances. Code Enforcement Official Reid testified that this Case was not in compliance. He submitted photographs of the windows (Exhibit A) in violation of window signs exceeding 25% allowable by code. He explained that windows could not exceed 25% of coverage either on the top or the bottom of the windows. Mr. Reid advised that he spoke with the store manager who was not very anxious to comply and commented that he would hire an attorney. The Board members reviewed a photograph of the building (Exhibit A). Brief discussion followed. Code Enforcement Board Meeting Minutes July 19, 2001 Page 4 Motion by Mr. Stewart, seconded by Ms. Hartley to find Case No. 01 -08, Pravin and Jyostna Patel in non - compliance with the Board's Order dated May 17, 2001 because of the following Findings of Fact: The signs protrude more that 25% of the window areas. Therefore, Pravin and Jyostna Patel are fined $50.00 for the first day of non - compliance (July 19, 2001) and $25.00 for each and every day thereafter, until the property is brought.into compliance. Vote on the motion carried unanimously. 7. Case No. 01 -09, Navin Patel (8590 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Lot 14, Block 3, Canaveral Beach Gardens Subdivision - Violation of Section 94-4 (11), Window Signs of the Cape Canaveral Code of Ordinances.. Code Enforcement Official Reid testified that this Case was in compliance. PUBLIC HEARINGS 1. Case No. 01 -11, BEMOPIN Enterprises, Inc. (8519, 8521 & 8523 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcels 507.0, 506.0, 504.0 - Violation of Sections 34 -97 (a)(1)(2)(6) & (7), Duties and Responsibilities for Maintenance; and 34 -98 (4) & (6) Building Appearance and Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Official Reid testified that the buildings had been in deplorable condition; a Notice of Violation was mailed on June 18th to the property owners; a demolish permit was issued and two of the buildings were demolished; the property owner had advised that larger heavy equipment was needed to move and clean -up the remainder of the debris; all necessary clean -up was requested to be completed prior to this meeting date. Mr. Reid submitted photographs of the property (Exhibit A). Brief discussion followed. Motion by Mr. Stewart, seconded by Mr. Biederman to find Case No. 01 -11 in Violation as follows: Findings of Fact: Demolition debris are piled and scattered throughout the properties. Conclusion of Law: BEMOPIN Enterprises, Inc. is in Violation of Section 34 -97 (a)(1)(2)(6) & (7), Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes July 19, 2001 Page 5 Order: That BEMOPIN Enterprises, Inc. shall comply with the aforementioned Section of the City Code of Ordinances on or before August 16, 2001 by taking the following action: Clean up and remove all of the debris and any other miscellaneous items from the property; and maintain the property in a safe and sanitary condition free of refuse, debris, trash, litter and overgrown vegetation. The Order shall further provide that upon compliance, BEMOPIN Enterprises, Inc. shall notify Morris Reid, Code Enforcement Official, who shall notify the Board of compliance. However, upon failure to comply by August 16, 2001, 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 Official, a fine shall be imposed in the amount of $25.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously. 2. Case No. 01 -12, Douglas L. Cochran, (8555 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 761- Violation of Section 94- 7, Off - premises Signs of the Cape Canaveral Code of Ordinances. Code Enforcement Official Reid testified that Mr. Coombs had obtained a City business license as of this meeting date, and therefore, this Case was in compliance. 3. Case No. 01 -13, Karlin Daniel & Associates, Trustees, (212 -220 Lincoln Avenue, Apollo Apartments), Section 23, Township 24 South, Range 37 East, Lots 11 -16, Block 66, Avon by the Sea Subdivision - Violation of Section 34 -96 (b) & (d), Standards Established of the Cape Canaveral Code of Ordinances. Code Enforcement Official Reid testified that this property was inxeceivership; a Notice of Violation was mailed to the appointed Receivers for maintenance of the swimming pool and a fence in disrepair. Mr. Karlin Daniel - responded to the Notice of Violation immediately upon receipt. He had explained to Mr. Reid that he was waiting for money to be released from the Court to make the necessary repairs. Mr. Reid added that some effort had been made to clean the swimming pool. Code Enforcement Board Meeting Minutes July 19, 2001 Page 6 Mr. Reid submitted photographs of the pool area (Exhibit A) and advised that there was a pad- locked chain link fence around the perimeter of the pool area. Mr. Reid requested that this Case be tabled until the next scheduled meeting. Brief discussion followed. Motion by Mr. Stewart, seconded by Ms. Hartley to table Case No. 01 -13 until the next scheduled. meeting. Motion carried unanimously. There being no further business, the meeting was adjourned at 8:15 P.M. Approved on this OROA2 day of nor 4 A A 4 200"1 Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 28, 2001 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was scheduled on June 28, 2001, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. MEMBERS PRESENT Mary Russell Chairperson Jeffrey Ratliff Craig Stewart MEMBERS ABSENT Walter Godfrey Vice Chairperson Charles Biederman Karen Hartley OTHERS PRESENT Mark McQuagge Assistant City Attorney Dave Moisdon Code Enforcement Officer Susan Chapman Board Secretary Due to the fact that there was not a quorum present this meeting was rescheduled for July 5, 2001 at 5:00 p.m. Approved on this ( G day of Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MAY 17, 2001 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on May 17, 2001, 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 Karen Hartley Charles Biederman Jeffrey Ratliff MEMBERS ABSENT Walter Godfrey Craig Stewart OTHERS PRESENT Mark McQuagge Morris Reid Dave Moisdon Susan Chapman Chairperson Vice Chairperson Assistant City Attorney Building Official Code Enforcement Officer Board Secretary Attorney McQuagge swore in all persons giving testimony. It was noted that the next regularly scheduled meeting would be held on June 28, 2001. Motion by Mr. Biederman, seconded by Ms. Hartley to approve the meeting minutes of April 19, 2001. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 01 -03, Paul and Patricia Eaton (205 Lincoln Avenue), Section 23, Township 24, South, Range 37 East, Lots 1 & 2, Block 70, Avon by the Sea Subdivision - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement buard Meeting Minutes May 17, 2001 Page 2 Code Enforcement Officer Moisdon inquired if the building materials had been removed from the dunes. Mr. Eaton submitted a proposal addressed to the City Council regarding utilizing existing foliage for landscaping and construction of a coquina rock wall. He explained that that the proposal would utilize natural products, decrease water run off, beautify the existing area with a plant display, and provide an area for sidewalk placement. Chairperson Russell advised that work needed to progressing. Mr. Reid, Building Official, advised that the visibility triangle needed to be maintained at the intersection. Mr. Eaton agreed that he would cut back the plants when they were no longer in bloom. Discussion followed. Motion by Mrs. Hartley, seconded by Mr. Biederman to table Case No. 01 -03 until the next scheduled meeting. Motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 01 -03, Paul and Patricia Eaton, (205 Lincoln Avenue), Section 23, Township 24 South, Range 37 East, Lots 1 & 2, Block 70, Avon by the Sea Subdivision - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. This Case was tabled under Compliance Hearings. 2. Case No. 01 -04, DaQQet Airport Shuttle & Transport Service (228 Longpoint Road), Section 22, Township 24 South, Range 37 East, Lot 8, Block A, Longpoint Subdivision - Violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Moisdon testified that notices were mailed to the business with no response. He could not verify that the company was advertising because this was a home occupation. Motion by Mrs. Hartley, seconded by Mr. Biederman to find Case No. 01 -04 in violation as follows: Findings of Fact: The business has not responded to license renewal notifications. Conclusion of Law: Dagget Airport Shuttle & Transport Service is in Violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes May 17, 2001 Page 3 Order: That Dagget Airport Shuttle shall comply with the aforementioned Section of the City Code of Ordinances on or before June 26, 2001 by taking the following action: Renew the occupational license and pay the appropriate fees or provide proof that they are no longer in business. The Order shall further provide that upon compliance, Dagget Airport Shuttle shall notify officer Moisdon, who shall notify the Board of compliance. However, upon failure to comply by June 26, 2001, 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 incurred by city staff. Should the violation reoccur, upon notice by the Code Enforcement Officer, a fine shall be imposed in the amount of $50.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously. 3. Case No. 01 -05, Time Concrete Construction, Inc. (8137 Canaveral Boulevard), Section 14, Township 24 South, Range 37 East, Parcel 518 - Violation of Section 70 -75, Penalty to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Moisdon testified that the store front was closed however it appeared that this business was sharing space with a sports card store. He advised that the phone number had been disconnected but had no other proof that this Case was no longer in business. He did no verify utilities or advertising. Brief discussion followed. Motion by Mrs. Hartley, seconded by Mr. Ratliff to find Case No. 01 -05 in Violation as follows: Findings of Fact: The business has not responded to notifications of renewal of the occupational license. Conclusion of Law: Time Concrete Construction, Inc. is in violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes May 17, 2001 Page 4 Order: That Time Concrete Construction, Inc. shall comply with the aforementioned Section of the City Code of Ordinances on or before June 26, 2001 by taking the following action: Renew the occupational license and pay the appropriate fees or provide proof that they are no longer in business. The Order shall further provide that upon compliance, Time Concrete Construction, Inc. shall notify officer Moisdon, who shall notify the Board of compliance. However, upon failure to comply by June 26, 2001, 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 incurred by city staff. Should the violation reoccur, upon notice by the Code Enforcement Officer, a fine shall be imposed in the amount of $50.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously. 4. Case No. 01 -06, Action Lawn Maintenance LandscaninLy (251 Canaveral Beach Boulevard), Section 14, Township 24 South, Range 37 East, Lot 5, Block 4, Canaveral Beach Gardens Subdivision - Violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Moisdon testified that that the Notice of Violation was hand - delivered to the business manager on April 5th. He verified that the business was still active, there was lawn maintenance equipment on the property and advertising signs on the vehicles. Motion by Mr. Ratliff, seconded by Mr. Biederman to find Case No. 01 -06 in violation as follows: Findings of Fact: The business has not responded to notifications'of renewal of the occupational license. Conclusion of Law: Action Lawn Maintenance Landscaping is in violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes May 17, 2001 Page 5 Order: That Action Lawn Maintenance Landscaping shall comply with the aforementioned Section of the City Code of Ordinances on or before June 26, 2001 by taking the following action: Renew the occupational license.and pay the appropriate fees or provide proof that they are no longer in business. The Order shall further provide that upon compliance, Action Lawn Maintenance Landscaping shall notify officer Moisdon, who shall notify the Board of compliance. However, upon failure to comply by June 26, 2001, 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 incurred by city staff. Should the violation reoccur, upon notice by the Code Enforcement Officer, a fine shall be imposed in the amount of $50.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously. 5. Case No. 01 -07, Scott Clark's Custom Cabinetry (357 Imperial Boulevard, Bldg. D), Section 15, Township 24 South, Range 37 East, Parcel 816 - Violation of Section 70 -75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Moisdon testified that he hand - delivered the Notice of Violation to a worker who said he would give the notice to the owner. He further testified that he received a complaint regarding the business owner taking down payments and not delivering the product. Mrs. Hartley verified that this company was actively in business because she had recently received a price quote from them. Motion by Mr. Biederman, seconded by Mrs. Hartley to find Case No. 01 -07 in violation as follows: Findings of Fact: The business has not responded to notifications of renewal of the occupational license. Conclusion of Law: Scott Clark's Custom Cabinetry is in violation of Section 70-75, Penalty for Failure to Obtain or Renew License of the Cape Canaveral. Code of Ordinances. Code Enforcement Board Meeting Minutes May 17, 2001 Page 6 Order: That Scott Clark's Custom Cabinetry shall comply with the aforementioned Section of the City Code of Ordinances on or before June 26, 2001 by taking the following action: Renew the occupational license and pay the appropriate fees or provide proof that they are no longer in business. The Order shall further provide that upon compliance, Scott Clark's Custom Cabinetry shall notify officer Moisdon, who shall notify the Board of compliance. However, upon failure to comply by June 26, 2001, 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 incurred by city staff. Should the violation reoccur, upon notice by the Code Enforcement Officer, a fine shall be imposed in the amount of $50.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously. 6. Case No. 01 -08, Pravin and Tyostna Patel (8050 N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Lots 1 -3, Block 13, Avon by the Sea Subdivision - Violation of Section 94- 4(11), Window Signs of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Mullins testified that only 25% of the window can be covered, this was considered hazardous because the Sheriffs Dept. could not see through the windows, he had mailed a courtesy request and a Notice of Violation and had verbal contact with the store owner since Feb. 27th who had made no attempt to bring the property into compliance. He submitted photographs, Exhibits A -E. The Board members reviewed the photographs. Brief discussion followed. Motion by Mrs. Hartley, seconded by Mr. Ratliff to find Case No. 01 -08 in violation as follows: Findings of Fact: Window signs and obstructions are exceeding 25% of the window space causing a hazardous condition. Conclusion of Law: Pravin and Jyostna Patel are in Violation of Section 94- 4(11), Window Signs of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes May 17, 2001 Page 7 Order: That Pravin and Jyostna Patel shall comply with the aforementioned Section of the City Code of Ordinances on or before June 26, 2001 by taking the following action: Remove the signs and any obstructions so they do not protrude more than 25% of the window areas. The Order shall further provide that upon compliance, Pravin and Jyostna Patel shall notify officer Moisdon, who shall notify the Board of compliance. However, upon failure to comply by June 26, 2001, 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 $25.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously. 7. Case No. 01 -09, Navin Patel (8590 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Lot 14, Block 3, Canaveral Beach Gardens Subdivision - Violation of Section 94- 4(11), Window Signs of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Moisdon submitted photographs of the property, Exhibit A. He testified that the notices were delivered. Mr. Patel told him that he would comply but no effort was made to bring the property into compliance. Motion by Mrs. Hartley, seconded by Mr. Biederman to find Case No. 01 -09 in Violation as follows: Findings of Fact: Window signs and obstructions are exceeding 25% of the window space causing a hazardous condition. Conclusion of Law: Navin Patel is in Violation of Section 94- 4(11), Window Signs of the Cape Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes May 17, 2001 Page 8 Order: That Navin Patel shall comply with the aforementioned Section of the City Code of Ordinances on or before June 26, 2001 by taking the following action: Remove the signs and any obstructions so they do not protrude more than 25% of the window areas. The Order shall further provide that upon compliance, Navin Patel shall notify officer Moisdon, who shall notify the Board of compliance. However, upon failure to comply by June 26, 2001, 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 $25.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously. 8. Case No. 01 -10, Ross T. Laningham, (6103 N. Atlantic Avenue), Section 26, Township 24 South, Range 37 East, Parcel 22.01, Banana River Estates Subdivision - Violation of Section 34 -181, Storing, Parking or Leaving on Private Property Request for Hearing to Appeal "Notice to Remove ". It was noted that Mr. Laningham was not present at the meeting however, he had submitted written affidavits. Assistant City Attorney McQuagge objected to the affidavits because there was no one present at the meeting that could authenticate them. Brief discussion followed for clarification. Chairperson Russell read the affidavit, dated May 17, 2001 for the record. Code Enforcement Officer Moisdon testified that he received a complaint on February 22, 2001, Mr. Laningham rents a storage unit on the property, he requested that Mr. Laningham repair the tire and place a current tag on the vehicle, the vehicle was posted with a 72 -hour towing notice, the vehicle was stored from time to time inside the rented storage unit, Mr. Laningham had fixed the tire and placed a current tag on the vehicle, the vehicle was missing parts and inoperable. He submitted photographs, various notices and correspondence (Exhibits A -E). Joyce McQuay and Janice Flenner, Property Owners testified that they were in the process of evicting Mr. Laningham for nonpayment of rent, there was no lease, Mr. Laningham rented the unit month to month, he would be evicted at the end of May. Chairperson Russell asked Code Enforcement Officer Moisdon if the inoperable vehicle was at the property. He referred to the property owners. Ms. Flenner responded that as of 5:00 p.m. on this meeting date, the vehicle was not there. Chairperson Russell informed the Board that since there was no evidence presented to verify that vehicle was being stored on the property the Board would need to find this Case was in compliance. { `J Code Enforcement Board Meeting Minutes May 17, 2001 Page 9 Motion by Mr. Biederman seconded by Mr. Ratliff to find Case No. 01 -10 not in violation of Section 34 -181 of the City code. Vote on the motion carried unanimously. DISCUSSION: Morris Reid, Building Official, gave a brief overview of upcoming and ongoing new construction projects throughout the city. There being no further business, the meeting was adjourned at 8:32 P.M. Approved on this I day of �'� `� n , 20f/ n Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 19, 2001 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on April 19, 2001, 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 Karen Hartley Charles Biederman Jeffrey Ratliff Craig Stewart MEMBERS ABSENT Walter Godfrey OTHERS PRESENT Chairperson Vice Chairperson Mark McQuagge Assistant City Attorney Morris Reid Building Official Dave Moisdon Code Enforcement Officer Susan Chapman Board Secretary Attorney McQuagge swore in all persons giving testimony. It was noted that the next regularly scheduled meeting would be held on May 17, 2001. Motion by Mr. Biederman, seconded by Ms. Hartley to approve the meeting minutes of March 22, 2001. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 01 -01, Theisen Development, Inc., (8150 Astronaut Boulevard), Section 23, Township 24 South, Range 37 East, Parcel 254.1, Brevard County, Florida - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cane Canaveral Code of Ordinances. Code Enforcement Board Meeting Minutes April 19, 2001 Page 2 Code Enforcement Officer Moisdon testified that this Case was in partial compliance with the Board Order. He reported that some items were cleaned- up around the property, however, there were containers and drums with combustible material, additional pallets, and ladders that had not been removed. He advised that Mr. Theisen had made no attempt to contact the City. Mr. Moisdon entered photos of the property (Exhibit A) and advised that he took the photos with a zoom lens off -site of the property; the fire department had requested that the combustible materials be removed from the interior of the building and Mr. Theisen.had moved them outside prior to the initial violation; a tractor trailer depicted on the photos, was not addressed in the initial violation. Mr. Reid, Building Official, clarified that the parking ratio for this type of business was one parking space per employee or one space for every 300 sq. ft. Code Enforcement Officer Moisdon added that he was only dealing with Mr. Theisen by written communication; Mr. Theisen had received the Board Order by certified mail, and the imposed fine was running as per the Order. Discussion followed regarding the hazardous waste /materials being stored. Motion by Mr. Stewart, seconded by Ms. Hartley to find Case No. 01 -01 in partial compliance with the Board Order as follows: Mr. Theisen had achieved partial compliance by removing pallets and a majority of the debris. However, there still exists outside storage of containers and drums. Vote on the motion carried unanimously. 2. Case No. 01 -02, Magma Trading Corporation (8200 Astronaut Boulevard), Section 23, Township 24 South, Range 37 East, Parcel 286.0, Brevard County, Florida - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Dave Moisdon testified that this Case was in compliance. PUBLIC HEARINGS: 1. Case No. 01 -03, Paul and Patricia Eaton (205 Lincoln Avenue), Section 23, Township 24 South, Range 37 East, Lots 1 & 2, Block 70, Avon by the Sea Subdivision - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Chairperson Russell advised that this Case was tabled at the previous meeting. Code Enforcement rd Meeting Minutes April 19, 2001 Page 3 Code Enforcement Officer Moisdon testified that Mr. Eaton had applied for the fence permit and was working with the City to bring his property into compliance. He advised that the existing fence appeared to be leaning. He further testified that the overgrowth at the visibility at the intersection and construction materials were still an eyesore. He recommended that the fence be installed as soon as possible, the overgrowth that was blocking the visibility at the intersection be removed and the blocks be removed. Code Enforcement Officer Moisdon submitted photographs of the property (Exhibit A). Mr. Reid clarified that the dune the fence was holding from eroding was approximately 6 ft. high. Chairperson Russell suggested that the City could assist Mr. Eaton as .a volunteer cleanup project and she would make the suggestion at the next City Council meeting on May 1st. Brief discussion continued. Motion by Mr. Ratliff, seconded by Mr. Stewart to find Case No. 01 -03 in violation as follows: Findings of Fact: Overgrowth remains along the corner blocking the visibility at the intersection. Conclusion of Law: Mr. Eaton is in violation of Section 34 -97 of the Cape Canaveral Code of Ordinances. Order: That Paul Eaton shall comply with Section 34 -97 of the City Code on or before May 15, 2001 by taking the following action: Clean -up the vegetative overgrowth for compliance with the visibility at the intersection. The Order shall further provide that upon compliance, Mr. Eaton shall notify Dave Moisdon, a City Official who shall then inspect the property and notify the Board. However, upon failure to comply by May 15, 2001 there shall be a fine of $5.00 for the first day of non - compliance and $5.00 . per day, thereafter, until compliance, which shall include all costs for fees incurred by city staff. All other items are tabled until the next scheduled meeting. Vote on the motion carried unanimously. Code Enforcement rd Meeting Minutes April 19, 2001 Page 4 DISCUSSION Code Enforcement Officer Moisdon inquired if he could send a letter to the Board if a property was brought into compliance rather than having a meeting just for compliance hearings. City Attorney McQuagge responded that the Board needed to establish findings of fact to determine that the cases were in. compliance. Chairperson Russell advised that since she has been a Board member for the past 22 years, the Board has never had a meeting for only compliance hearings. . Chairperson Russell inquired about the status of Mr.. Petro's property. The Building Official advised that the plans were in the review process. Chairperson Russell noted that the fine was held in abeyance at this time. Mr. Stewart asked for an update regarding the unsafe stairs at an apartment building on Johnson Avenue that he had brought to Mr. Moisdon's attention. Mr. Moisdon advised that he had roped -off the stairs and mailed a Notice of Violation to the property owner. There being no further business, the meeting was adjourned at 8:07 P.M. Approved on this 17— day of 2001. Mary K. Assell, Chairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 22, 2001 7:00 P.M. A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida, was held on March 22, 2001, at the City Hall Annex,. 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Russell called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT Mary Russell Chairperson Walter Godfrey Charles Biederman Jeffrey Ratliff MEMBERS ABSENT Karen Hartley Craig Stewart OTHERS PRESENT Mark McQuagge Assistant City Attorney Morris Reid Building Official Dave Moisdon Code Enforcement_ Officer Susan Chapman Board Secretary Attorney McQuagge swore in all persons giving testimony. It was noted that the next regularly scheduled meeting would be held on April 22, 2001. Motion by Mr. Biederman, seconded by Mr. Godfrey to approve the meeting minutes of November 30, 2000. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 22, 2001 Page 2 PUBLIC HEARINGS: 1. Case No. 01 -01, Theisen Development, Inc., (8150 Astronaut Boulevard), Section 23, Township 24 South, Range 37 East, Parcel 254.1, Brevard County, Florida - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Moisdon testified that this Case was not in compliance. Numerous debris were being stored outside the building; Mr. Theisen had received the Notice of Violation on February 26, 2001 and had made no attempt to bring the property into compliance. Officer.Moisdon submitted photographs of the property (Exhibit A). Brief discussion followed. Motion by Mr. Ratliff, seconded by Chairperson Russell to find Case No. 01 -01 in Violation as follows: Findings of Fact: Illegal outside storage of debris existed throughout the property. Conclusion of Law: Theisen Development, Inc., is in Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Order: That Theisen Development shall comply with the aforementioned Section of the City Code of Ordinances on or before April 18, 2001 by taking the following action: Remove all items being stored outside the building. The Order shall further provide that upon compliance, Theisen Development, Inc., shall notify Dave Moisdon, a City Official. He shall inspect the property and notify the Board of compliance. However, upon failure to comply by April 18, 2001, 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, plus costs incurred by City staff. Should the violation reoccur, upon notification of the Code Enforcement Officer, a fine shall be unposed in the amount of $50.00 for each and every day until the property is brought into compliance. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes March 22, 2001 Page 3 2. Case No. 01 -02, Magma Trading Corporation, (8200 Astronaut Boulevard), Section 23, Township 24 South, Range 37 East, Parcel 254.1, Brevard County, Florida - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Moisdon testified that the property exterior was littered with trash and debris, an accumulation of illegal outside storage existed, the property was excessively overgrown, and the fence was in a state of disrepair. He entered photographs of the property (Exhibit A). Mr. Moisdon further testified that the property owner had made no contact or effort to bring this property into compliance. Brief discussion followed. Motion by Mr. Biederman, seconded by Mr. Godfrey to find Case No. 01 -02 in Violation as follows: Findings of Fact: The exterior of the property is littered with trash and debris, there exists an accumulation of illegal outside storage, the property has excessive overgrowth, and the fence is in a state of disrepair. Conclusion of Law: Magma Trading Corporation is in Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Order: That Magma Trading Corporation shall comply with the aforementioned Section of the City Code of Ordinances on or before April 18, 2001 by taking the following action: Properly dispose of all trash and debris; remove all items being illegally stored outside; cease all outside storage; remove and maintain the excessive overgrowth; repair and maintain the fence in good condition. The Order shall further provide that upon compliance, Magma Trading Corporation shall notify Dave Moisdon, a City Official. He shall inspect the property and notify the Board of compliance. However, upon failure to comply by April 18, 2001, there shall be a fine of $100.00 for the first day of non- compliance and $50.00 per day thereafter, until the property is brought into compliance, plus costs incurred by City staff. Should the violation reoccur, upon notification of 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. Code Enforcement Board Meeting Minutes March 22, 2001 Page 4 3. Case No. 01 -03, Paul and Patricia Eaton, (205 Lincoln Avenue), Section 23, Township 24 South, Range 37 East, Lots 1 & 2, Block 70, Avon by the Sea Subdivision - Violation of Section 34 -97, Duties and Responsibilities for Maintenance of the Cape Canaveral Code of Ordinances. Code Enforcement Officer Moisdon testified that this Case was not in compliance. He entered photographs of the property (Exhibits A -E). He testified that the property was littered with trash and debris, the vegetation was overgrown, and the unpermitted fence was in need of repair. The Notice of Violation was mailed on March 14, 2001 and posted upon the property on the same day. He advised that some of the debris had been removed. Mr. Reid verified that the block wall was required to have a footer and properly permitted. The Board members reviewed the exhibits. Mr. Eaton testified that the concrete block wall was located on the sand dune on the City's property which prevents the dune for eroding onto his property; He has lived at the property since 1972; the natural vegetative organic growth is utilized as a screen to keep the sand away. Chairperson Russell added that the dune had been vegetated by Mr. Eaton for over 30 years. Brief discussion followed. City Attorney McQuagge clarified that the City Code Section 34 -97 was discretionary based on appearance. Attorney McQuagge suggested that the City work with Mr. Eaton to bring the vegetative overgrowth into compliance without taking away the natural vegetation. Mr. Reid advised that the wall would need to be properly permitted for the repair. Motion by Godfrey, seconded by Mr. Biederman to table Case No. 01 -03 until the next scheduled meeting in order to give Mr. Eaton additional time to work with the City to bring his property into compliance prior to the next meeting. Vote on the motion carried unanimously. DISCUSSION: The Board questioned staff regarding the status of Code Enforcement, Case No. 00 -26. The Board members reviewed the imposed Order from the previous meeting minutes. Mr. Reid testified that the RV had been removed. He further advised that the home had a fire in December. Brief discussion followed. Attorney McQuagge clarified that the imposed fine would be held in abeyance from the date of the fire. Code Enforcement Board Meeting Minutes March 22, 2001 Page.5 The Board questioned staff regarding the status of Code Enforcement Case No. 00 -61. Mr. Reid testified that the Case was in compliance. There being no further business, the meeting was adjourned at 8:10 P.M. Approved on this �9 day of 2001. Mary K. ssell, Chairperson Susan'L. Chapman, Secretary