HomeMy WebLinkAboutMinutes 05-19-2005• •
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
MAY 19, 2005
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on May 19, 2005 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral,
Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Recording
Secretary called the roll.
MEMBERS PRESENT
Mary Russell
Charles Biederman
Karen Hartley
James Hale
Lars Holfve
George Pestik
Craig Stewart
Raymond Viens
MEMBERS ABSENT
Walter Godfrey
OTHERS PRESENT
Duree Alexander
Anthony Garganese
Joy Daine
Chairperson
1st Altemate
2 "d Altemate
Vice Chairperson
Code Enforcement Officer
City Attorney
Board Secretary
The Board members established that the next meeting would be held on June 23, 2005.
City Attorney Garganese swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: March 17, 2005.
Motion by Mr. Stewart, seconded by Mr. Viens to approve the meeting minutes of March
17, 2005. Vote on the motion carved unanimously.
PUBLIC HEARINGS:
1. Case No. 05 -00019 — Violation of Section 110 -551 Location of Recreational
Vehicles, Camping Equipment, Boats And Boat Trailers, of the Cape Canaveral
Code of Ordinances, (8708 Commerce St.) — Kurt & Norma Ronstrom, Trustees.
Code Enforcement Officer, Duree Alexander testified that this case was in compliance.
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Code Enforcement Board
Meeting Minutes
May 19, 2005
Page 2
2. Case No. 05 -00043 — Violation of Section 34 -96 Standards Established, of the
Cape Canaveral Code of Ordinances, (605 Shorewood Dr.) — Paul Jindra,
Property Owner.
Code Enforcement Officer, Duree Alexander provided an overview of the Case History
and presented exhibits for the Board's review. Officer Alexander testified that the
respondent was cited for exterior property nuisances; meaning anything that endangers
life or health, or gives offense to senses violates the laws of decency or obstructs
reasonable and comfortable use of property. Officer Alexander further testified that she
witnessed a very strong odor outside Mr. Jindra's condominium unit, inside an adjoining
unit, and on the balcony.
Paul Jindra, property owner, read the Sixth Amendment to the United States Constitution
stating that he had the right to know whom the accusations were from. Mr. Jindra refused
further testimony.
City Attorney, Anthony Garganese informed Mr. Jindra that the City of Cape Canaveral
was the complainant in this case.
Charles Kane, property manager, testified that he had files of complaints regarding the
deteriorating conditions with the cats and the ammonia odor around Mr. Jindra's
condominium unit. Attorney Garganese asked Mr. Kane if he has witnessed the odor first
hand, what the odor was, and if he had ever seen any cats in the unit. Mr. Kane replied
that he had smelled an odor of cat urine and he stated that he has seen three cats on Mr.
Jindra's balcony.
Ursula Mills, condominium association president, testified that she tried to work with Mr.
Jindra to rectify the problem, but she stated that the complaints against him are constant.
Attorney Garganese asked Ms. Mills if she had witnessed the odor and asked her to
describe the smell. Ms. Mills stated that she has smelled the odor of cat urine in front of
Mr. Jindra's unit, in the unit next to him, and on the balcony.
Ralph Catoloni, neighbor next to Mr. Jindra, testified that Mr. Jindra is a good man. Mr.
Catoloni stated that he could occasionally smell an ammonia odor, depending on the
direction of the wind.
After a short recess, Mr. Jindra brought in the old weather strip from the bottom of his
front door and testified that this was the problem. Mr. Jindra further stated that he was
taking steps to correct the problem. Mr. Jindra stated that he has replaced this damaged
weather strip and he intends to install a sweeper so the odor will not seep under the door.
Officer Alexander respectfully requested that the Board find Paul Jindra in violation of
Section 34-96(d), "Standards Established", and that he be given until May 24, 2005, by
5:00 p.m., to come into compliance or be fined fifty dollars ($50.00) per day until he
comes into compliance and be fined one hundred dollars ($100.00) per day thereafter if
the violation reoccurs.
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Code Enforcement Board
Meeting Minutes
May 19, 2005
Page 3
Motion by Mr. Stewart, seconded by Mr. Godfrey to accept staffs recommendation and
find Paul Jindra in violation of Chapter 34 Section 96 and be given until May 24, 2005 to
come into compliance. Discussion followed.
Motion by Mr. Biederman, seconded by Mr. Godfrey to amend the original motion
extending the compliance date until June 22, 2005. Discussion followed. Vote on the
motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjoumed at 8:33 P.M.
Approved on this day of , 2005.
Joy Daine, Board Secretary
ary Russo I, Chairperson