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Home My WebLink AboutCEB 1986 MinutesCODE I:NFOHCI:MICNT HOARD SPECIAL MEETING DECEMBER 11, 1986 A SPECIAL MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON OI:CIi51BER 11, .1986, AT ,CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN STENGLEIN CALLED THE MEETING TO ORDER AT 7:30 P.M. TIIE SECRETARY CALLED THE ROLL. - ?I1:51HERS PRESENT: CHARLES STENGLEIN CHAIRMAN MARY RUSSELL VICE CHAIRMAN DONALD ARABIAN' GEORGE HUTCHINSON ELIZABETH LeROCCA ROY MOELL,ER MC.MHERS AUSENT: VINCENT JANICE ALTERNATE OTHERS PRESENT, JAMES THERIAC CITY ATTORNEY ARTIS GUNN .BUILDING OFFICIAL VANCE HUBER FIRE INSPECTOR EVELYN HUTCHERSON- ..SECRETARY CHAIRMAN STENGL13N NOTED AN ERROR ON PAGE 1 OF THE MINUTES OF THE NOVEMBER 20, 1886, MEETING. SECOND PARAGRAPH., -MR. MOEHLC. SHOL`LD HE CHANGED. TO READ MR. HUTCHINSON' MR. MOELLER MOVED TO .APPROVE THE MINUTES OP. THE NOVEMBER 20, ;1986, AS CORRECTED. MR. HUTCHINSON SECONDED MOTION. MOTION PASSED UNANIMOUSLY. 'STENGLEIN VICE CHAIRMAN R.BSU" READ THE STATEMENT OF PROCEDURES. COMPLIANCE BEARING ITEM 1. CASE NO. 86-S3 CAMELOT INN AND CAPE KENNEDY AST O U VARD - A O GLEASING CORP PARC 763 SECTION 15' TO Sl P1a A^! 2. A ' 9 N7F317 SAFETY CODE I01 O 11 626 E EXTINGUISHING SYSTEM. (CONTINUED FROM NOVEMBER 20. .1986 ATTORNEY THERIAC SNORE IN VANCE HUBER, .FIRE INSPECTOR, AND CHARLES MOEIILE, PRESIDENT OF CAPE KENNEDY LEASING CORPORATION. MR. HUBER NOTED THAT THIS CASE ORIGINATED ON MAY 11, 1986, AND WAS STILL IN VIOLATION AT THE TIME HE MADE AN INSPECTION AT 11:00 A.M. DECEMBER 11, 1986. IN RESPONSE TO A QUESTION FROM THE BOARD, MR. HUBER ACKNOWLEDGED THAT MR. TALLEY. BREVARD FIRE. SAFETY,.WAS A STATE AUTHORIZED FIRE INSPECTIOR AND WAS RELIABLE. MS. UROCCA INQUIRED IF MR. HUBER FELT THAT THE SYSTEM .WAS LIFE. THREATENING. RIR. HUBER CODE ENFORCEMENT BOARD DECEMBER 11, 1986 PAGE 1 OF'3 PAGES RESPONDED THAI' TIH: SYSTEM WAS Till: FIRST LINE OF DEFENSE IN Till: EVENT Ol' A FIRE. HE NOTED SPECIFIC AREAS OF CONCF.HNt IMPROPER NOZZLE OVER DITP PAT FRYERI POP RIVETS IN HOOD; GREASE CHANNELS NOT IN COMPLIANCE; MORE EXTRACTORS NEEDED.. IN. THE HOOD UNIT; AND THE FACT THAT HE COULD NOT ASCERTAIN THAT THERE WAS PROPER AGENT IN THE SYSTEM. MR. RUDER POINTED OUT THAT HE. HAD CITED THREE OTHER RESTAURANTS IN THE CITY ON THEIR EXTINGUISHING SYSTEM; TWO ARE IN COMPLIANCE AND THE OTHER WAS IN THE PROCESS. OF UPGRADING THEIR SYSTEM. MR. MOEHLE PRESENTED EXHIBIT A WHICH DEPICTED THE SYSTEM WHEN IT WAS CONSTRUCTED•HE STATED THAT HE WAS AWARE OF THE FACT THAT I'III: SYSTEM DOES NOT MEET THE NEW CODE AND REQUESTED THAT TIIC SYSTEM till "GRANDFATHERED IN" AND THAT HE DE ALLOWED TO OPERATE WITH TIIE EXISTING SYSTEM. HE ADDED THAT PRIOR TO ,WRITING THE LETTER, DATED NOVEMBER S, 1986, MR. TALLEY HAD INSPECTED THE SYSTEM, LOOKED AT THE NOZZLES AND WIRES AND PERFORMED A HYDROSTATIC TEST. MR. MOCHLE THEN. PRESENTED EXHIBIT B, A COPY OF AN AGREEMENT FROM BREVARD 'FIRE SAFETY TO UPGRADE' THE SYSTEM. MR. MOCHLI: EXPRESSED CONCERN OPER .THE COSTS WHICH WERE NOT INCLUDED IN TH1: AGREEMENT AND WAS ADVISED THAT THE COST WAS NOT AN AREA OF CONCERN FOR THIS BOARD. FOLLOWING A DISCUSSION ON WHO MIGHT BE EXPOSED IN THE EVENT OF A FIRE. 1T WAS MENTIONED THAT THEY HAD HAD A FIRE SEVERAL YEARS AGO AND MR. MOEHLE WAS NOT SURE IF SYSTEM HAD PUT OUT THE FIRE. AFTER. BEING SWORN IN, MAYOR LEE,' STATED THAT THE FIRE DEPARTMENT HAD RECEIVED THE REPORT AT 5%30 P.M.. THE EXTINGUISHER HAD SUPPRESSED THE FLAME, BUT. THE VENTILATION WHEN THEY ENTERED THE BUILDING CAUSED A FLASHBACK AND REKINDLED THE FIRE. FOLLOWING A DISCUSSION ON THE INTEGRITY OF THE SYSTEM AND THE QUESTION "WAS THE SYSTEM .LIFE THREATENING. 'MR. ARABIAN MOVED THAT CASE NO. 86-69, CAMELOT INN. AND CAPE KENNEDY LEASING CORPORATION, BE FOUND IN COMPLIANCE WITH THE ORDER DATED OCTOBER 23, 1886, AND THAT WITH RESPECT TO THE LIFE ,THREATENING CONDITION OF THE FIRE SUPPRESSION SYSTEM, THE SYSTEM WAS SAFE. AND NO SERIOUS LIFE SAFETY CODE ENFORCEMENT BOARD DECEMBER 11, 1986 PAGE 2 OF 3 PAGES 0 0 n w NItII I:\ISTS. AIRS. It CSS I: IA, SC('ON 111:1) TIIR MOTION. t'OTI: ON TII6 MOTION 1, SAS AS FOLLOWS: IN FAVOR, AIR. ARABIAN, AIS. LaROCCA, AIRS. RL'SSCI,I. AND 0 0 CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 20, 1966 AREGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON NOVEMBER 20, 1986, AT CITY HALL, 105 POLIO AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN CHARLES STENGLEIN CALLED THE MEETING TO ORDER AT 105 P.M. THE SECRETARY CALLED THE ROLL., MEMBERS PRESENTt CHARLES STENGLEIN CHAIRMAN. MARY RUSSELL VICE CHAIRMAN ELIZABETH LeROCCA ROY MOELLER MEMBERS ABSENTt DONALD ARABIAN GEORGE HUTCHINSON ALTERNATE - VINCENT JAMES uYHERS PRESENT$ JAMES THERIAC CITYATTORNEY VANCE HUBER FIRE INSPECTOR JEFFREY ECKLEY CODE ENFORCEMENT INSPECTOR' EVELYN HUTCHERSON CODEENFORCEMENT INSPECTOR VALERIE GAMACHE SECRETARY. MR.'MOELLER MOVED TO APPROVE THE MINUTES OF THE OCTOBER 23, 1986, MEETING. ,MS- LeROCCA SECONDED MOTION. . MOTION CARRIED UNANIMOUSLY. THE I NEXT. REGULAR. MEETING DATE WAS SET FOR DECEMBER 18, 1986. MR. STENGLEIN READ .THE STATEMENT' OF, PROCEDURES FOR ,THE CODE ENFORCEMENT BOARD. PUBLIC HEARINGS ITEM I. CASE NO. 86-5� OCEAN WOODS Hd1BOWHERE ASSOCIATION. INC ILE COU T-VIOLAT ION OF SECTION _ S BUILDING PfiRMIT6 AEOUIRED. ITE14'2. CASE N0. 86-55 OCEAN WOODS HOMEOWNERS ASSOCIATION IN0. OCCUPYINGCA UBINGLB FAMILY ORESIDENCE A6 A. DPL CITY ATTORNEY, THERIAC POINTED OUT THAT CHAIRMAN STENGLEIN WOULD BE REQUIRED TO ABSTAIN FROM VOTING DUE TO A CONFLICT OF INTEREST, AS HE IS A RESIDENT OF .00EAN WOODS. SINCE THIS WOULD RESULT IN ONLY THREE VOTING MEMBERS., HB SUGGESTED THAT ITEMS 1 AND 2 BE POSTPONED: CODE DWOECMM BOARD - 1fix;UL11R MEETING NOVEMBER 20, 1986 PAGE 1 OF 4 PAGES 0 0 MS. RUSSELL MOVED THAT THESE ITEMS Be POSTPONED UNTIL IRE NEXT MEETING. MS. LeROCCA SECONDED. MOTION PASSED UNANIMOUSLY. COMPLIANCE HEARINGS ITEM 1. 'CASE NO. 86-53 CAMELOT INN AND CAPE ENNEDlp Y ' G ORP. P Ce 'SE T 0 SOULATION PE SECTIANT - LSTE NAFETY CODEUT SOUL RD) ADOPTED BY THE CI Y -ND R CHAPT R PIKE EXTING I6H N 6 ST ATTORNEY THERIAC SWORE IN FIRE .INSPECTOR VANCE HUBER AND CHARLES MOEHLE, OWNER OF THE CAMELOT INN. MR. HUBER REPORTED THAT ALTHOUGH THE BOARD, GAVE 'MR- MOEHLE AN AVENUE OF RELIEF IN PHIS MATTER ON OCTOBER 23RD,. HE HAD NOT SHOWN ANY EVIDENCE INDI- CAPING HIS' INTENTIONS TO REPAIR THE SYSTEM.. MR. HUBER SUBMITTED A LETTER FROM C. GLENN 'TOLLEY OF BREVARD FIRE 'SE,RVICE, DATED NOVEMBER 5, 1986, WHICH WAS ENTERED AS. EXHIBIT A. 'MR. MOEKLE REMINDED THE 004RD THAT AT THE LAST MEETING HE n..3 GIVEN AN AVENUE.. OF RELIEF THROUGH SECTION 1061 PARAGRAPH, 6.1 ANO 6.3, OF THE LIFE. SAFETY. CODE. THE. LETTER FROM MR. TOLLEY, !:XHIHIT A, WAS SUBMITTED. TO THE BUILDING DEPARTMENT BY HIM IN GOOD FAITH IN RESPONSE TO THIS AVENUE OF. RELIEF- IT WAS MR- MOEHLe'S CONTENTION THAT MR. HUBER HAD GIVEN HIM NO REASON WHY PHIS LETTER WAS INSUFFICIENT TO SNOW COMPLIANCE - MR. MOEHLE SUBMITTED AS EXHIBIT 0 AN ESTIMATE. AND COVER LETTER PREPARED BY MR. TOLLEY OF BREVARD FIRE SERVICE ON. NOVEMBER 20, 1985. MR. HUBER POINTED OUT THAT THIS ESTIMATE, IN THE AMOUNT OF $2.,360, WAS PAR BELOW THE AMOUNT OF 88.000 TO $20,000 MR. MOEHLE QUOTED TO THE BOARD.. MR- MOEHLE, EXPLAINED' THAT MR. TOLLEY'$ ESTIMATE ONLY COVERED BREVARD' FIRE SERVICE'S PORTION OF THE WORK REQUIRED TO BRING THE SYSTEM INTO COMPLIANCE. MR. MOEHLE FURTHER.NOT90 THAT HE HAD 'CONTACTED OTHER. CONTRACTORS REGARDING ESTIMATES. ON INSTALLING THE ENTIRE SYSTEM, AND BASED UPON THESE ESTIMATES, HE CONTINUES TO STAND OW HIS ORIGINAL ESTIMATE OF $8.000 TO $20,000 FOR A COMPLETS CERTIPYABLE SYSTEM'. COOS IT4'ORLZ6'D' BOARD mum IECTING NON$'Sm 20, 1986 PACE 2 OF 4 PAGES 0 0 MR. MOEHLE RESTATED HIS POSITION THAT THE RESTAURANT SHOULD RE `GRANDFATHERED IN" BECAUSE IT WAS BUILT BEFORE .THE CURRENT LIFE SAFETY CODE WAS ADOPTED. DISCUSSION FOLLOWED ON WHETHER OR NOT MR. MOEHLE HAD SATISFIED THE .BOARD'S, ORDER DATED OCTOBER 23RD. ..MRS, RUSSELL NOTED THAT ACCORDING TO THE INTENT OF THE ORDER, .THE LETTER WAS SUBMITTED BY MR.NOEHLE IN GOOD FAITH, AND. THAT HE WAS NOT NOTIFIED UNTIL LATER THAT HE WAS NOT. IN COMPLIANCE. THE BOARD EXPRESSED: CONCERN THAT IF THEY ALLOWED THE. CAMELOT INN TO OPERATE UNDER THE PRESENT CIRCUMSTANCES, THE CITY COULD BE HELD LIABLE IN THE EVENT OF FIRE. MR.. THERIAC INDICATED THAT THE BURDEN OF PROOF'WAS UPON MR. MOEHLE TO CONVINCE TUB BOARD THAT NO SERIOUS LIFE SAFETY HAZARD EXISTS THAT WOULD CONSTITUTE AN IMMI- NENT 'THREAT, MR. MOEHLE RESPONDED AS POLLOWSt- 1. IT DOES NOT -POSEA THREAT TO THE CUSTOMERS OR THE EMPLOY- EES BECAUSE THE AREA IS COMPLETELY SEPARATEDBY FOUR WALLS, 2. THE HOODS ARE FULLY PROTECTED, 3., THE DEEP FAT FRIER, WHICH WOULD BE THE,NAIN SOURCE OF FIRE, HAS SURFACE' PROTECTION. 4.' THE REMAINING GRILLS ARE ELECTRIC, AND, THOSE HOODS ARE PROTECTED. DUE TO THE FACT THAT MR. MOEHLE WAS UNDER THE ASSUMPTION THAT THE LETTER HE SUBMITTED WAS. SUFFICIENT TO COMPLY WITH THE ORDER, MR. THERIAC SUGGESTED THAT HE HE GIVEN ANOTHER HEARING 50. THAT HE WOULD HAVE FAIR OPPORTUNITY TO PRESENT HIS CASE, AND TO PROVE HIS ;COMPLIANCE WITH. THE BOARD'S ORDER OF OCTOBER 33RD. DISCUSSION FOLLOWED CONCERNING A SPECIAL HEARING ON THIS CASE. MARY RUSSELL MOVED THAT THE BOARD HOLD A: SPECIAL' MEETING DECEMBER 11, 1986, AT 5330 P.M.., FOR THE PURPOSE OF CONTINUING CASE NO. 86-53, CAMELOT INN - PIRE EXTINGUISHING SYSTEM. ELIZABETH LaROCCA SECONDED NOTION. VOTE ON TUB NOTION .WAS UNANIMOUS. MR. THERIAC REITERATED THAT THE 14ESTING.ON DECEMBER 11TU WOULD BE A COMPLIANCE REARING', SUPERCEDING THE .PRESENT .NESTING, . CODE ENFORCEMENT BOARD ROAM MEECII7G NMEMBER 20, 1986 PACE 31 OF 4 PAGES 0 0 Stip THE ISSUE WOULD BE THAT WHICH WAS SE'P FORTH IN PARAGRAPH 3 OF THE BOARD'S ORDER DATED OCTOBER 23, 1966. MR. MOEHLS WOULD BE REQUIRED TO PROVE TO THE BOARD, BY COMPETENT EVIDENCE, THAT HE HAS AN EXISTING BUILDING THAT WAS OCCUPIED AT THE TIME THE. CODE WAS ADOPTED, AND IT MAY BE CONTINUED IN THAT SAME USE IF HE MEETS PHE CRITERIA SET FORTH IN SECTION 1-6.2 OF THE LIFE SAFETY CODE. MR. NOZ*K MADE A MOTION THAT THE CAMELOT INN BE BROUGHT INTO COMPLIANCE AS OF DECEMBER 11TH, AND ANY FINES THAT MAY BE LEVIED WOULD BE EFFECTIVE. BEGINNING THAT. DATE. MRS. RUSSELL SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 1. CASE N0.86-60 MARY 'KINNE LOTS 11 12 AND 13 BLOCK A N -BY -T E- EAIEA T OF33 JOHNSON AVE UE 0 AT OF ON NLAWFUL AGS UMULATION. JEFF ECKLEY WAS SWORN IN BY MR. THERIAC.. HE REPORTED THAT MS. KINNE WAS IN COMPLIANCE.. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9.50 P.M. - APPROVED THIS l -r` t� DAY OF j^.cam. ,,,,..i _I , 1966.' A RMAN SECRETARY CODE F2ooro P w HOMO) R031LAR MEETING SM04M 20, 1986 PACE 4 OF 4 PM+'ES 0 0 C0111I ENFORCEMENT BOARD REGULAR AIEETING OCTOBER 21, 1998 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON O1'TOBER 22, 1888, AT CITY HALL, 188 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN ROBERT HOGG CALLED .THE MEE71NO TO ORDER AT 7129 P.M. Till: SECRETARY CALLED THE ROLL. M01111'RS PRESENT:' ROBERT HOGG CHAIRMAN DONALD ARABIAN ELIZABETH LAROCCA HOY MOELLER MARYRUSSELL 11 EMREIIS ARSENTI CHARLES STENGLEIN VICE CHAIRMAN - GEORGE I]UTCHINSON VINCENT JAMES FIRST ALTERNATE OIIIF.RS PRI.SF.NTt KOHN BENNETT DEPUTY CITY ATTORNEY - JEFFREY ECKLEY 1 CODE ENFORCEMENT OFFICER VANCE HUBER FIRE INSPECTOR EVELYN. HUTCHERSON SECRETARY - LED NICHOLAS CITY COUNCIL MEMBER MH. MOELLER MOVED TO APPROVE THE MINUTES OF THE,SEPTEMRER 14. 1906, MEETING. MR. ARABIAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. T11E NEXT MEETING DATE WAS SET FOR NOVEMBER 28, 1988. MRS. RUSSELL READ THE STATEMENT OF PROCEDURES FOR THE MOI: ENFORCEMENT BOARD. COMPLIANCE HEARINGS ITEM 1. CASE NO. 86-53, CAMELOT INN AND CAPE KENNE CDY LEASING .CQR P., A 28 S CTI N. l T V TH G S EAST 8794 TR BO A -2. - 101_ CITY UNDER CHAFER 676,CUI RING SV, STE ATTORNEY BENNETT SWORE IN MB. HUBER AND FIR. MOEHLE. MR. HUBER REPORTED THAT HIS INSPECTION THIS DATE REVEALED THAT THE VIOLATION STILI. EXISTS, A COPY OF THE LIFE SAFETY CODE 181, SECTION I-8, WAS GIVEN TO EACH BOARD MEMBER. SECTION 1-8.2 PROVIDES THAT EXISTING BUILDINGS THAT WERE OCCUPIED AT THE "ME THE CODE WAS ADOPTED MAY CONTINUE TO BE USED PROVIDED THATr (A). THE OCCUPANCY CLASSIFICATION REMAINS .THE SAME; (B) NO SERIOUS LIFE SAFETY HAZARD EXISTS THAT WOULD CONSTITUTE AN IMMINENT' CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER Y0, 1988' PAGE I OF 4 PAGES 0 0 11111ILA'I't ANP ICI ONLY THOSI: RLQUIRIAILNTS WHOSE APPLICATION WOULD III' CLEARLY IMPRACTICAL IN THE JUDGMENT OF THE ,AUTHORITY HAVING JURISDICTION SHALL. BE MODIFIED. MR. HUBER. COMMENTED THAT IN HIS OPINION Till'. SYSTEM WAS LIFE THREATENING AS IT WOULD RE THC FIRST DEFENSE IN Till - IA ENT OF A FIRE.' MR. MOEHLE STATED .THAT THE .,LAST 71AIL THE SYSTEM WAS 1NSPECTEb (NOVEMBER 1985) THE INSPECTOR WOULD NOT PROVIDE AN INSPECTION STICKLR BECAUSE THE SYSTEM DID NOT MELT THE CODE. MR. MOERLECOMMENTED THAI III'. AND SENATOR VOGT HAD DISCUSSED.THE PROBLEM OF HAVING. A PERSON hIlll MAKES THE INSPECTIONS ALSO SELLS AND REPAIRS THE EgVIPMENT. HE ADDER THAT OF ALI. OF THE CONTACTS HE HAD MADE TRYING TO LOCATE THE PARTS 'ID UPGRADE THE SYSTEM, HE HAD ONE GOOD LEAD, BILL FRIES, ROSE FIRI- EQUIPMENT, HOLLYWOOD, FLORIDA, THE ONLY DOCUMENTATION HE COLLI, PRODUCE ON THE CONTACTS MADE WAS ONE FORMLETTER, EXHIBIT "A." REQUESTING INFORMATION ON THE PARTS.. WHEN ASKED ABOUT THE STATUS OF HIS FIRE INSURANCE, MR. k10Ellix ADMITTED THAT HE WAS AT RISK. - DISCUSSION FOLLOWED ON METHODS: TO RESOLVE THE PROBLEM AND TIM WORDING OF THE MOTION. ATTORNEY BENNETT ADVISED THE BOARD THAT THEY %%ERE NOT CHARGED WITH THE. RESPONSIBILITY OF HOW TO SOLVE THE PROBLEM, NIR. ARABIAN MOVED AS FOLLOWS: THAT. THE BOARD MAKE THE FOLLOWING FINDING OF FACT:, THAT CAPE KENNEDY LEASING CORPORATION BE FOUND IN NON-COMPLIANCE OF SECTION 7-2.3, LIFE SAFETY CODE, ADOPTED BY SECTION 626, FIRE EXTINGUISHING.SYSTEMSI THAT THE BOARD MAKE THE FOLLOWING CONCLUSION OF LAWt THAT CAPE KENNEDY LEASING CORPORATION SHALL COMPLY. WITH THE ABOVEMENTION6D SECTION BY TAKING THE FOLLOWING ACTION: CAMELOT INN SHALL BE BROUGHT INTO COMPLIANCE BY OCTOBER 901. 198fi. OR TAKE THE 'AVENUE OF RELIEF THROUGH SECTION 106, PARAGRAPH 6.1 AND 6.3, OF THE LIFE SAFETY CODE. NIRS. RUSSELL SECONDED MOTION.' MOTION PASSED UNANIMOUSLY. PUBLIC HEARINGS -CONTINUED FROM JULY 17 1986 ITEM 1. CASE NO. 86-5J OCEAN tFOOpB NOk1EOWNERS ASSOCIATIONINC.. 8 C D k11TS CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER E3, 1986. PAGE 2 OF 4 PAGES 0 0 171:\I 2. CAST: NO. 9fi-54 OCEAN NOO11S HOMC.OWNERS ASSOCIATION IS(- 8751 ILEX COURT - \'IOLATtoN F SECTION fi37.03 OCCUPYING A SINGLE FA II ' RESIDENCE AS A ATTORNEY BENNETT STATED THAT SINCE THE CITY ATTORNEY, JAIMUS THER1AC, HAD DECLARED A CONFLICT OF INTEREST ON THESE CASES, HE WOULD NOT HE ABLE. TO PARTICIPATE IN, THE DISCUSSION SINCE HE WAS A MEMBER 01' TIIE. SAME FIRM, CHAIRMAN 11000 ANNOUNCED THAT THESE ITEMS WOULD BE CARRIED OVER UNTIL TIIE NEXT MEETING. . COMPLIANCE HEARINGS' ITEM 1. CASF. NO, 86-58 GLADYS KENDALL, LOTS 9 10 .AND 11 HLOCK 170, \'. .-SEA 802 S .'AR ATI N OC O NG EG t 64 .0 -C GSTRUCTURES: CIIA A LICENSE, :G N. SECTION 645.11CONS C USE \ID .D IN APPLICATIONS, 5 PERMrrS ANO CLICTIFICAILb OF OCC A C1l AND CHAPTER 535.05. SEWER IMPACT AME. IC•. MR. ECKLEY REPORTEDTHAT THE MOON HUT RESTAURANT WAS IN COMPLIANCE. HIS'INSpECT10N, OCTOBERr21, 1986, REVEALED THAT THE SEATING CAPACITY HAD BEEN REDUCED TO SIXTY (60). ITEM 2. CASE NO. 8fi-59 IIOARD WARREN AND MARMOUD PISIIGAII II.H.A. S ' SL S N'T 27 ANA A R T FS fi21 A TIC A'VrNUE' VIOLA O EC; 653.06 RO i T .I6 NS AND IC EAT A PO MR. ECKLEY REPORTED . THAT: THE PORTABLE SIGN HAD BEEN REMOVED AND THAT THIS CASE WAS IN COMPLIANCE. ITEM'3. CASE NO.' 86-80' MARY KINNE LOTS II 12 AND 13 ! BLOCK 7fi, IIF. -SEA EAST D 433 OHNSO AY � ' O ATION OF SEC 673706. WLL ACCUMULATION MR. ECKLEY REPORTED THAT TITUSVILLE MOWING AND LANDSCAPINO HAD HEEN CONTRACTED TO REMOVE THE DEBRIS AND CLEAR THESE LOTS AND THE I%ORK WAS IN PROGRESS. HE REQUESTED THAT THIS ITEM BE REMOVED FROM THE AGENDA. MR. ARABIAN MOVED THAT A FINAL REPORT BE GIVEN:AT THE NEXT MEETING. MR& RUSSELL SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY. NEN' BUSINESS ITEM I'. MOTION RFA ELECTION OF OFFICERS MR. MOELLER MOVED THAT THE CHAIRMAN AND VICE CHAIRMAN RETAIN THEIR OFFICE& MR. HOOD DECLINED. MS. LAROCCA NOMINATED MARY RUSSELL FOR CHAIRMAN. MRS. RUSSELL DECLINED. CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 23, 1986 PAGE 3 OF 4. PAGES 0 0 MR. ARACIAN ;'1 "INATI:U'.111. STCNGLCIN FOR CHAIRMAN. N1R. STINW CIN CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMIIF.R 19, 1986 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON SEPTEMBER 19, 1966, AT CITY HALL, 105 POLK AVENUE CAPE CANAVERAL, FLORIDA. CHAIRMAN ROBERT HOOG CALLEDTHE MEETING TO ORDER AT 405 P.M. TIII: tECHETARY CALLED THE ROLL, MEMBERS PRESENTI ROBERT HOOG 'CHAIRMAN CHARLES STENGLEIN VICE CHAIRMAN DONALD ARABIAN GEGRGE HUTCHINSON ELIZABETH LAROCCA ROY MOELLER MARY RUSSELL Mf. wIBERS ABSENT; VINCENT JAMES FIRST ALTERNATE n'EIII:RS PRESENT:, JAMESTHERIAC CITY ATTORNEY ARTS GUNK BUILDING OFFICIAL JEFFREY ECKLGY CODE ENFORCEMENT OFFICER F•VELYN HUTCHERSON SECRETARY MR. STENGLEIN MOVED TO APPROVE THE MINUTES OF THE AUGUST 21,, 1986, MFEI'ING. MR. ARABIAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY.. THE NEXT MEETING DATE WAS SET FOR OCTOBER 23, 1966. CHAIRMAN HOGG READ THE STATEMENT OF PROCEDURES FOR THE CODE ENFORCEMENT BOARD. PUBLIC HEARINGS -CONTINUED FROM AUGUST 21, 1986 ITEM L CASE NO. 111 GLADYS KENDALL LOTS 8 10 AND 11 BLOCK 19 YQ - —SEA 7602 ASTRONA BO EAR ION OF ZONING REGVLAT10N NO -CO 'OR CTUR13S• Cf 2 613.05 C C LEC O 1 CON S D IN APP ICA OCCOPAA_T AND CHAPTERX535. S. SEyR> lEWT ATTORNEY THERIAC SWORE IN MR. GUNN AND MR. ECKLEY. MR. GUNN SUBMITTED THE FOLLOWING DOCUMENTS INTO EVIDENCE:' EXHIBIT "A," NOTICE OF VIOLATION; EXHIBIT "R," AFFIDAVIT SIGNED BY, GLADYS KENDALL ACKNOWLEDGING THAT THE SEATING CAPACITY OF THE MOON HUT RESTAURANT WAS LIMITED TO SIXTY (60). SPACES; EXHIBIT "C," AFFIDAVIT SIGNED BY LEON BARNETT ACKNOWLEDGING THE SEATING CAPACITY WAS LIMITED TO SIXTY (60) CODE ENFORCEMENT BOARD :REGULAR MEETING SEPTEMBER 19,1886 PAGE I OF 5 PAGES 0 0 ,,P.\CLS; AND I:XIIIBIT "D," CONSTRUCTION PEIIMLT NO. 4139, TO LNCLOSL I'A'Ll O. ]ill: SPECIAL CONDITIONS ON THE PERMIT STATED "NO ADDITIONAL SEATINC." MR. GUNN OUTLINED THE CODE VIOLATIONS, BASED ON THE INCREASED SEATING, CAPACITY, WHICH WERE ,DISCUSSED WITH MRS, KENDALL AND HER ATTORNEY, STEVEN BURMAN, AND SUBMITTED EXHIBIT "E" A LETTER FROM ATTORNEY HERMAN N BICH CONFIRMED THE UNDERSTANDING REACHED AT THE AUGUST 27TIl MEETING. MR. ECKLEY REPORTED THAT AN INSPECTION OF THE MOON BUT RESTAURANT AT 4:30 P.M. THIS AFTERNOONREVEALED SEVENTY (70) SEATS PLCs APPROXIMATELY SIX (6) EMPLOYEE SEATS IN AN AREA POSTED "EMPLOYEES ONLY." MR. GUNN RECOMMENDED THAT THE BOARD ISSUE AN ORDER TO REDUCE TBI: SEATING TO SIXTY (60) AND MAINTAIN THIS CAPACITY UNTIL SUCH TIME THEN' RECEIVE A CERTIFICATE OF OCCUPANCY WHICH WOULD ALLOW THEM ADDITIONAL. SEATING. FOLLOWING A DISCUSSION OF REQUIREMENTS FOR INCREASING SEATING CAPACITY, MRS. RUSSELL MOVED THAT GLADYS KENDALL AND LEON.BARNETT Bl: FOUND IN VIOLATION OF ,SECTION 643.05, CHAPTER 721, AND SECTIONS 645.11 AND 535.05 AND THAT THEY BE GIVEN ONE MONTH TO COME INTO .COMPLIANCE BY REDUCING TIIE SEATING CAPACITY TO SIXTY (60) OR SUBMIT AN APPLICATION TO THE BUILDING DEPARTMENT FOR UPGRADING THE FACILITY TO ALLOW ADDITIONAL SEATING, AND BE GIVEN ONE YEAR TO. PAY THE SEWER IMPACT FIA: IN QUARTERLY INSTALLMENTS WITH ELEVEN PERCENT (Il%) INTEREST ON REMAINING BALANCE. MS. LAROCCA SECONDED MOTION. ATTORNEY THERIAC ADVISED THAT THE CODE ENFORCEMENT BOARD DID NOT HAVE THE AUTHORITY TO MAKE ARRANGEMENTS FOR INSTALLMENT PAYMENTS ON SEWER IMPACT FEES. MOTION FAILED UNANIMOUSLY. CHAIRMAN. How QUESTIONED ,THE WORDING ON THE NOTICE OF VIOLATION. ATTORNEY THERIAC AD"SED THAT. THE VIOLATIONS AS. STATED MET TIIE TECHNICAL REQUIREMENTS. THE FACT THAT THE SEATING CAPACITY HAS BEEN REDUCED FROM ONE HUNDRED FOUR (104) TO SEVENTY (70) WOULD NOT AFFECT. THE ORIGINAL NOTICE. MR. ARABIAN MOVED AS FOLLOWS: THAT THE BOARD MAKE THE FOLLOWING FINDING OF FACT: THAT. MRS. GLADYS KENDALL IS NON-CONPORMING TO THE AUTHORIZED SEATING CAPACITY; 'CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 19, 1886 PACE 2 OF 5 PAGES i 6 I II \'1 '1111: HOARD MAKI: T I I E I'OLLOWING ('ON CI. USION OF I.A K: 'TIIAT MRS. KENDAL HE FOUND IN VIOLATION. OF SECTION 6143.05, CHAI'T'Clt 721, AND SECTIONS 645.11 AND 653.06, AS A RESULT OF HAVING A SEATING CAPACITY OF GREATER THAN SIXTY (60)1 "TIIAT SIRS. KENDALL SHALL COMPLY. WITH THE ABOVEMENTIONED SECTIONS BY 'TAKING THE FOLLOWING ACTIONt REDUCING THE SEATING CAPACITY TO SIXTY (60)1 WITH A COMPLIANCE DATE OF OCTOBER 18, 1986.. MR. HUTCHINSON SECONDED MOTION. MOTION PASSED UNANIMOUSLY. COMPLIANCE HEARINGS ITEM 1. CASE NO. 66-53 CAMELOT INN AND CAPE KENNEDY LEASING CORP.. PARCEL fi SECTION 1.S, TWP 24 8O 1 :AST 8799 O ' O . T : 6 ETY CODI: 101 ADOPTED BY THE CITY ,11 .R 2 R :.X G T SITING SYSTEM MR. VANCE HUBER AND MR. CHARLES MOEHLE NERD SWORN IN. MR'. MOCHIA: REPORTED THAT 11£ HAD TELEPHONED OR., WRITTEN LETTERS TO APPROXIMATELY 'I WENTY (20) COMPANYS IN AN EFFORT TO LOCATE THE PARTS NEEDED TO RHIN(; I III: EXTINGUISHING SYSTEM AT THE CAMELOT INN INTO COMPLIANCE. HOWEVER. BE BAD NOT BEEN SVCCESFULL AND MOST OF THE FIRMS CONTACTED RECOMMEND A NEW SYSTEM WHICH WOULD BE COST PROHIBITIVE. SIR. HUBER COMMENTED 'THAT SIMILAR SYSTEMS WITHIN THE CITY ARE BEING BROUGHT INTO COMPLIANCE. MR. SIOUHLE STATED THAT HE NEEDED MORE TIME. MR. MOELLER MOVED THAT CASE NO. 86-53; CAMELOT INN, BE POSTPONED UNTIL THE NEXT REGULAR MEETING. 11 HS.. RUSSELL SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 1. CASE NO. 88-57 HENRY W. WILLIAMS LOT 4 BLOCK 23. \'ON -DY- 1 F. -SE 515 S ALMU AVENUE - 1'10 .. O SECTION 645.07. OCCUPYING A SINGLE FAMILY R ES p CF.A )UPLI:X WITHOUTCLK-11FIEWILUF UUUVrANCY SIR. GUNN NOTED FOR THE RECORD THAT THE OWNERSHIP, OF THIS PROPERTY HAD REVERTED BACK TO MR., JOSEPH J. HARTNETT, WHO PREVIOUSLY SOLD TIIE PROPERTY TO MR. WILLIAMS. MR. GUNN REPORTED THAT THE SMOKE DETECTORS AND FIRE EXTINGUISHERS, HAD BEEN INSTALLED AND THE PROPERTY WAS NOW IN QUASI COMPLIANCE. i AFTER BEING SWORN IN, MR'. HARTNETT AGREED TO HONOR TIIE COMMITMENT OF MR. WILLIAMS IN THIS CASE. HE ACKNOWLEDGED THAT HE UNDERSTOOD THAT THE PROPERTY WAS TO BE, BROUGHT INTO COMPLIANCE BY STARCH 1887 BY MAKING THE NECESSARY. IMPROVEMENTS AND RECEIVING A CERTIFICATE OF OCCUPANCY FOR A DUPLEX OR CONVERTING THE PROPERTY RACK TO A SINGLE FAMILY RESIDENCE. CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 19. 1986 PAGE. 3 OF 5 PAGES 0 0 1111C HEARINGS ITEM 1. CASE NO. 86-50 HOWARD WARREN AND MAHMOUD PISHOAR D.B.:1. SUES SUPER SUM. LOT 47 A RIVER ESTATES 641 . ATI.ANTI(' AVENUE) - VIOI.A11ON OF 51XIMN653.116, R SIGNS ANO SIGN FEATURES 4E)O A .: SIGNS. MK. ECKLEY SUBMITTED THE NOTICE OF VIOLATION AND REPORTED THAI' AN INSPECTION OF THE PROPERTY THIS DATE REVEALED THE PORTABLE SIGN H AS STILL ON THE PROPERTY. MR. MOELLER MOVED AS FOLLOWSs I IIAT TBI: HOARD MAKE TUE FOLLOWING FINDING OF FACTI HOWARD WARREN AND MAIIAMOUD PISHGAR HAVE A PORTABLE SIGN LOCATED ON THE PROPERTYI 'I HAT TIIE BOARD MAKE THE FOLLOWING CONCLUSION OF LAWe THAT ME88R8 WARREN AND PISHOAR HE FOUND INVIOLATION OF SECTION 653.06.(:), 'THAT TREY SHALL COMPLY BY TAKING THE FOLLOWING ACTIONI REMOVAL OF THE PORTABLE SIGNS WITH A COMPLIANCE DATE OF OCTOBER 18, 1086. SIR, HUTCHINSON SECONDED MOTION. MOTION PASSED UNANIMOUSLY, ITEM 4. CASE NO. 88-80 MARY KINNE LOTS 11 14 AND 19 BLOCK 76. AVON—BV—THE—SNCAS 4 S 'CN — F'IOLATIAN OF SECTION MA8,NLAWFUL ACCUMULATIUN MR. GUNN REPORTED THAT A NOTICE HAD BEEN SENT TO MARY KINNE AND 'I'11.4T Ill: HAD RECEIVED A LETTER FROM MR. JAY COOKE REQUESTING A NINETY 0m) DAY EXTENSION. MR. COOKE WAS ADVISED THAT IT WOULD BE UP TO THIS BOARD TO MAKE DETERMINATION ON HIS REQUEST. FOLLOWING A DISCUSSION ON CIRCUMSTANCESSURROUNDING TIIIS. CASE, U HS. RUSSELL MOPED AS FOLLOWSt `I HAT THE BOARD MAKE THE FOLLOWING FINDING OF. FACT; TITER£ IS AN ACCUMULATION OF SCRAP MATERIALS AND DEBRIS STORED ON THIS PROPERTY{ 9'HAT THE BOARD MAKE THE FOLLOWING CONCLUSION OF LAW:. ' MRS. KINNE HE FOUND IN VIOLATION OF SECTION 679.06, UNLAWFUL ACCUMULATION= TIIAT SHE SHALL COMPLY BY TAKING THE FOLLOWING ACTION: REMOVAL OF MATERIALS AND DEBRIS, WITH A' COMPLIANCE DATE OF OCTOBER 16, 1886. MR. MOELLER SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 18, 1886 PAGE 4 OF 5 PAGES 0 0 NL7N HUSINf.SS ITEM 1. DISCUSSION/MOTION RE: STATUS OF LIENS ATTORNEY THERIAC EXPLAINED THE PROCEDURE TO BE FOLLOWED IN FILING A LIEN AND ANSWERED QUESTIONS FROM THE BOARD. FOLLOWING'A DISCUSSION ON THE OUTSTANDING CASES, IT WAS THE CONSENSUS. OF. THE BOARD THAT LIENS HE FILED AGAINST CASENO. 85-20, CANAVERAL CAB COMPANYI CASE NO. PS -22. HOWARD WARREN{ CASES 86-04 AND 86-12, JEFFREY L, RICH] AND CASE NO. 85-91, IIHNRY LEMERISE. MR. GUNN EXPLAINED TIIAT WILLIE WOMACK (CASE NO. PP -29) IIAU COMPLIED BY. REMOVING HIS SIGN. IMMEDIATELY FOLLOWING THE MEETING. 'MAY 22, 1888. TIIEREFORE NO FIN£ WAS INCURRED. ITEM 2. DISUCSSION RM REAPPOINTMENT Of BOARD MEMBERS - CHAIRMAN 11000 ANNOUNCED THAT THE TERM OF TWO MEMBERS WOULD EXPIRE ON OCTOBER FIRST, HIS AND MR. ARABIAN. MR. 11000 AND MR. ARAHIAN [\PRESSED THEIR DESIRE TO BE REAPPOINTED. IT WAS THE CONSENSUS OF T111: BOARD THAT A RECOMMENDATION HE MADE TO COUNCIL FOR THE REAPPOINTMENT OF MESSRS HOGG AND ARABIAN. T11ERE BEING NO FURTHER BUSINESS, THE MEETING WAS. ADJOURNED AT 11:15 P.M. APPROVED TIIIS,I -4_ DAY OF l d,L ___ �, 1886. r t1 sr RETAR - ' CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 18, 1888 PAGE 5 OF 5 PAGES 0 0 CODE VNIORCEMENT BOARD REGULAR MEETING AUGUST 21, 1986 A REGULAR MEETING OF THE CODE. ENFORCEMENT HOARD WAS HELD uN AUGUST 21, .1986, AT CITY HALL, 105 POLK AVENUE.. CAPE CANAVERAL. FLORIDA. CIIAIRMAN ROBERT HOOG. CALLED THE MEETING TO ORDER AT 7155 P.M. Till: sLCRvTARY CALLED THE ROLL. `d I:MHURS PRESENTt ROBERT HOOG CHAIRMAN CIIARLESSTENGLEIN VICE CHAIRMAN DONALD ARABIAN GEORGE HUTCHINSON ' ELIZABETH LAROCCA ROY MOELLER MANY RUSSELL . %I I %I HERS AIISENT2 V'INCF.NT JAMES FIRST ALTERNATE � n 111:118 PR ESENTt JAMES THERIAC CITY ATTORNEY - ARTIS GUNN BUILDING OFFICIAL JEFFREY ECKLEY CODC ENFORCEMENT OFFICER JEFF KIDD -CITY COUNCIL 51EMBER EVELYN HUTCHERSON SECRETARY MRS. RUSSELL MOVED TO APPROVE THE MINUTES'. OF THE JVI-Y 17, 1996. MEETING. MR. 14UTCIIINSON SECONDED MOTION. MR. BTENGLEIN'NOTED AN ERROR ON PAGE 5, SECOND PARAGRAPH,LAST SENTENCE, WHICH SHOULD READ "1N THAT HIS SECRETARY WAS THE WIFE OF BILLY TURNER.' MOTION PASSED UNANIMOUSLY. THENEXT MEETING DATE WAS SET FOR SEPTEMBER I8, 1980. ("IIAIRMAN 11000 READ THE STATEMENT OF PROCEDURES FOR THE COVE ENFORCEMENT BOARD- - ATTORNEY THERIAC REQUESTED .THAT CASE NO. 86-58 HE HEARD FIRST SINCE ATTORNEY HERMAN WAS PRESENT TO REPRESENT MS. KENDALL. PVBLIC HEARINGS ITE01 Y. CASE NO: 88-58, GI.ADYS KENtlAI.I.. LOTS 9. 10. AND 11 BLOCK 19. -B. - - A 80 6'I' O - ' O A O OF .ONI G E A 0, 60 . N _.NS 1 6G S GNINT Off. r.11 A F. YI A CC A .Y AND C g E . ATTORNEY THERIAC ADVISED THAT ATTORNEY STEVE HERMAN WAS WORKING ON THIS CASE AND HAD REQUEST `A CONTINUANCE UNTIL THE NEXT MEETING. CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 21. 1986 PAGE i OF 3 PAGES '.tit. HUTCHINSON 110\'El) THAT CASE NO. 86-58 HC .POSTPONED UNTIL 111L ,I. PTLSIBER, 18, 1986. MEETING. SIR. ARABIAN SECONDED MOTION. MOTION PASSED L NANIUOVSLY c(INH'LIANCE HEARINGS ITEM 1. CASF. NO. RR-51 PAUL S. SIRRE LOTS 7 8 AND 9 BLOCK 29 AVON-HY- THE-SEA 529 SI OF. AVE UF. - O.knot; of SEC 1 679.08, iFL ACC-_UMVL-ATION MR. ECKLEY REPORTED THAT MR. SIBRE WAS IN COMPLIANCE. ITI:S12. CASE NO. 86-57, IIGNRY t\'. WILLIAMS, LOT 4 BLOCK 29. AVO - t- 1 r EA 5}5 S )ISO E - 10 ATIO RECTION 845.9?, OCCUP INE A ,: . S NG AMI REst ENC : A A DUPLEX %ITHOUTCLIC I MICA I 1.O OCCLPA C AFTER BEING SWORN IN, MR. ECKLEY REPORTED THAT lir HAD MADE A s.%I LTY INSPI:CTION ,WITH Tilt: FIRE INSPECTOR ON AUGUST 14, 1986,. AND THAT \111. WILLIAMS HAD MADE A GOOD FAITH EFFORT IN TRYING TO COMPLY WITH IIIc CITY'S REQUIREMENTS. HE REQUESTED THAT. SIR. WILLIAMS' QUASI rO111'LIANCE, DATE BE EXTENDED TO Tilt? NEXT MEETING,. IN RESPONSE TO A qL 1STION FROM MRS. RUSSELL, MR. ECKLEY EXPLAINED THAT SMOKE DETECTORS AND FIRE. EXTINGUISHERS ARE TO BE INSTALLED VN71L SUCH TIME AS MR. WILLIAMS ('AN CONSTRUCT THE REQUIRED ONE-IIOUR FIRE WALLBETWEEN. THE TWO UNITS. MR. S1'ENGLI:IN. MOVED THAT RIR. WILLIAMS HE GIVEN UNTIL SEPTEMBER 11, 19864 "1.0 BRING THE PROPERTY INTO QUASI COMPLIANCE. MR. ARABIAN SECONDED MOTION.' MOTION PASSED UNANIMOUSLY. PUBLIC HEARINGS ITEM L CASE N0. '86-52 CItARi.ES KtNNF. LOTS 11 12 AND 19 BLOCK 76. SECTION 6 .06 \ CC 1' MR. GUNN REQUESTED THAT THIS CASE HE REMOVED BECAUSE -A COPY OF MR. KINNE'S DEATH CERTIFICATE HAD BEEN OBTAINED AND A NEN' NOTICE HAD HEEN MAILED TO HIS SURVIVOR. THIS ITEM WILL APPEAR UNDER HER NAME AT A FUTURE DATE MR. STENGLEIN MOVED THAT CASE NO. 86-52 BE REMOVED. MR. .ARABIAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. - ATTORNEY THERIAC PROVIDED A COPY OF DRAFT MOTIONS FOR THE INITIAL HEARING AND THE COMPLIANCE HEARING AND OUTLINED THE INFORMATION WHICH SHOULD BE INCLUDED IN THE MOTIONS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:58 P.M. CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 21, 1986 PAGE 2 OF 3 PAGES .APPROVBU TIIIS UAV OF j v�L f✓U . lUN6, 0 0 RECAP rO1t SEPTEMBER i9, 1989 911i17ING 1,11111,1(' IIFARINCS - CONTINUED FROM AUGUST 21, 1985 ('ASI; No. 86-58 GLADYS KENDALL - NPN-CONFORMINGSTRUCTURE WITH 1131 .EAS£D SEATING CAPACITY Notice of violation and notice of hearing hand delivered on August 7, 1986. Since Mrs. Kendall would not acklowledge receipt of notice, the delivery was witnessed by Debuty Dourell and Robert Ender. Mr. Ender made an Inspection of the promises on August 15, 1986. One area tied a sign "Cloned." There were seventy-four seats in the open area. Mr. Gunn met with Mrs. Kendall and Attorney Iterman on August 27th. Attorney Iterman outlined Alto corrective action' which would be taken In a letter dated August 29th. An inspection of the premids was made on September lino action las been taken.. As of C30 p.m., 9/18/86 - Seat,count revealed 70 seats. ('OatPLIANCE HEARINGS CAST: NO. 88-53 CAMELOT iNN - FIRE EXTINGUISHING SYSTEM Notice of violation and notice of hearing mailed on June 23, 1986. returned stamped refused. Fire Inspector land delivered notice on 6/25/86. Mrs. Jett, Manager, refused to acknowledge receipt or notice. Receipt for notice mailed to Cape Kennedy Leasing Corp,,c/o Clrerles Moehle returned 7/22/86 signed by t!!) Mr. Iltaar made an inspection on September 1l, 1986, and a notice of noncomplainee was mailed to Cape Kennedy Leasing on September Lith. ('ASI'. NO. 86-57 HENRY WILLIAMS - OCCUPYING A SINGLE FAMILY RESIDENCE AS A DUPLEX WITHOUT CERTIFICATE OF OCCUPANCY Notice of violation and notice or hearing mailed on June 3, 1986, signed for by henry Williams 6/1/86 Public (tearing July 1T, 1980 - Ordered to bring Into quasi compliance by August 11, lose ;. An inspection was made on August 11, 19869 to determine what needed to be done. to meet the safety, requirementsfor tile tenants until their leases expire. Mr. Williams advisedthis office that he had reverted the property back to the original owner, Mr. llsrkness. An inspection on September 11, 1986 revealed that no work had been cone. A notice of noncompliance was mailed to Mr. Williams. 9/17/87 - quad Compliance, Smoke detectors and fire extinguishers . have been installed. Application for sewer service for second tenant has been submitted OVER PLEASE PUBLIC HEARINGS CASE NO. 86-59 HOWARD WARREN & MAHAMOUD PISHGAR, D/B/A SUE'S SUPER SUBS Notices mailed August 25, 1986. Receipts signed for by Jean Cummins for Howard Warren and M. Pishgar for Sue's. Inspection made on September 11th, sign still in place. Inspection made on September 18th, not in compliance - pictures taken. CASE NO. 86-60 MARY KINNE - UNLAWFUL ACCUMULATION Notice mailed August 2, 1986, receipt returned signed by (??) 9/4/86, letter from Jay L. Cook requesting a 90-day extension. Mr. Gunn responded on September 9th advising that he could not grant an extension. Inspection 9/18/86 - No work started to date. CODE: LNI'ORCE MI:N1' BOARD IREOCLAR NILETINt; JULY li. 1986 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS RI:LD ON Jl'LY 17, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN ROBERT 11000 CALLEDTHE MEETING TO ORDER AT 7190 P.M. TIII: SCCRIiTANY CALLED TIIG ROLL. \11:MBERS PRESENTt ROBERT 11000 _ CHAIRMAN CHARLES STENGLEIN VICE CIIAIRMAN,. DONALD ARABIAN - GEORGE HUTCHINSON ELIZABETH LAROCCA MARY RUSSELL, 111:1N1BERS ABSENTr ROY MOELLER VINCENT JAMES FIRST ALTERNATE' - n111URS PRESENTI JEFF KIDD CITY COUNCILMAN JAMES THERIAC CITY ATTORNEY ARTIS GUNN _BUILDING OFFICIAL JEFFREY ECKLEY CODE ENFORCEMENT OFFICER EYELYN HUTCHERSON SECRETARY.. AIR, HUTCHINSON MOVED TO APPROVE THE MINUTES OF THE JUNE 19. 1986. N1 FETING. MR. ARABIAN SECONDED MOTION, MOTION PASSED UNANIMOUSLY. THE NEXT MEETING DATE WAS SET FOR AUGUST 21,1986- CHAIRMAN l,1986.CHAIRMAN 11000 READ THE. STATEMENT OF PROCEDURES FOR' THE CODE I:NFORCEMENT BOARD. CNFINISHED BUSINESS 1. COMPLIANCE HEARINGS- CONTINUED FROM JUNE 19, 1988 ITEM 1. C -ASE NO. 86-3Y DONALD' BUNT INDEPENDENT TAXI 401 MONROE A\ UG i LL R AD \` LATI N O S 721, DOING SIN NI�I�P C S T O AL 11 S ICASE, NO. 86-95TINA DELAYER. TINA'S TAXI SER\'1CF. 210 1'104 O O� NG TEM Y. F s B IN C\�TS CU A iC 6 ATTORNEY THERIAC REPORTED THAT ,CITY COUNCIL HAD REPEALED THE ORDINANCE. AND RECOMMENDED THAT THESE TWO CASES. BE DISMISSED. MR. HUTCHINSON MOVED THAT CASE NO. 90-33, AND CASE NO. 86-55, BE. DISMISSED. MR. ARABIAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY'. CODE ENFORCEMENT BOARD. REGULAR MEETING JULY 17, 1986 PAGE I OF 7 PAGES 0 0 PIISLIC IICAItINGS— CONTINUI:II PROM Jl'N1: 19. 1966 MINI 1. CASK NO. 06-30. AMOCO OIL COMPANY AND DARRYL DEAN. I.I:ASEI'. SPACE PORT AMOCO ennn ASTRONAUT BOULi;\'AItD CAI'f. CANAV1:RAL FLORIDA — VIOLATION OF SECTION 639.49 IV! 1.).,H '1,Ait sr. s ATTORNEY THERIAC SWORE IN JEFFREY ECKI.EY AND DARRYL DEAN. NIR. ECKLEY EXPLAINED THAT AMOCO OIL COMPANY HAD TERMINATED THEIR LEAST: WITH THE PREVIOUS TENANT, CHARLIE RIZZO. SUBSEQUENTLY, SPACE COAST AMOCO APPLIED FOR AND WAS GRANTED AN OCCUPATIONAL LICENSE AND MUST ADHERE TO ALL CODES. THE USE OP AN UNPAVED AREA FOR.. THE STORAGE AND PARKING OF VEHICLES CONSTITUTES A VIOLATION OF SECTION 639.49 OF TIIE C11 N CODE, .ATTORNEY JOSEPH SCOTT, REPRESENTING LEASEE, DARRYL DEAN. S111N11TTED INTO EVIDENCE: EXHIBIT 1, A LETTER FROM JOE C. FAIRCHILD. AMOCO Oil., ATTESTING TO THE FACTa THAT AMOCO OIL HAD OWNED THE PROPERTY AND THE STATION HAD BEEN IN OPERATION SINCE 18651 AND EXHIBIT 2, A'LETI'ER FROM CHARLES RIZZO ATTESTING THAT TIE HAD OPERATED THE STATION FROM DECEMRUIt 1960 THROUGH AUGUST 1865 AND HAD TOWED AND STORED VEHICLES IN Till: UNPAVED COMPOUND AREA. IN RESPONSE TO A QUESTION FROM MR. ARABIAN. MR. DEAN STATED THAT THE PRIMARY USE OF TIIE PROPERTY WAS THE SAME AND THAT THE AREA HAD BEEN SCREENED TO MEET A REQUIREMENT OF THE I-'LORIDA HIGHWAY PATROL, THAT COMPOUND AREAS MUST BE SCREENED FROM I'CHLIC VIEW.: AFTER BEING. SWORN IN,. MR. GUNK REMARKED THAT THERE HAD HEEN AN INCREASE IN SIZE OF THE STORAGE AREA, AND THE TYPE OF VEHICLES STORED. FOLLOWING A DISCUSSION ON THE USE OF THE PROPERTY AND ITS USAGE BY PREVIOUS TENANTS, IT WAS DETERMINED THAT THE USE OF THE PROPERTY HAD NOT SIGNIFICANTLY CHANGED. MRS. RUSSELL MOVED THAT. CASE NO; 66-36. DARRYL DEAN, NOT BE FOUND IN VIOLATION OF SECTION 639.46, VEHICULAR USE AREAS. NIS.. LAROCCA SECONDED MOTION. VOTE'ON, THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. ARABIAN, MR. HOOG, MS. LAROCCA, MRS. RUSSELL AND MR. STF.NGLEINI OPPOSED, MR'. HUT'CHINSON. MOTION CARRIED., PL'RLIC HEARINGS ITEM 1. PAUL S. SIBRE. 0,W)AND 9. BLOCK 2S AVON—BY—THE-SEA (528 - NR ASE ON 639.61 " " 1 O G 1 UPLAWM14 ACCUMULATION MR. SIBRE WAS SWORN' IN. MR.' ECKLEY'REQUESTED .THAT THE EARTH STATION ANTENNA VIOLATION, BE DISMISSED AS IT WAS NOT IN USE, AND THAT CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17, 1966 PAGE 2 OF 7 PACES 0 0 1111. IM%RD ONLY' ADDIMSS Till: UNLAh PUL ACCUMULVIION, IN ItI"SPn NSI. lO (ILLS110N PROSE 'Illi: BOARD, MR. SIIIRI: STATED THAI Till: ANTENNA I%AS NM BITING USED. R£ STATED THAT HP. WAS TRYING TO FIX THE PLACE. UP AND HAD PAINTIM THE BUILDING IN JANUARY OF THIS YEAR. SIR. HUTCHINSON QL'ESTIONEI) 7"III: SAFETY OF THE BOAT PARKED ON BLOCKS THAT HE HAD OHSERVED. MR. SIBRE COMMENTED THAT THE BOAT BELONGED TO JOHN GUIDO IN 'APARTMENT' 02, THE BLUE TRUCK BELONGED TO JIM STEWART, AND THE AIR BOAT WAS FOR SALE. MN. STENGLEIN MOVED THAT MR. SIBRE BE FOUND IN VIOLATION OF SECTION 673.06, UNLAW'FU'L ACCUSIULATION,, AND THAT HE BE GIVEN UNTIL AUGUST IJ, 1986, TO COMPLY. IF THE PROPERTY HAS NOT BEEN BROUGHT INTO COSIPLIAN('1. A EINE IN THE AMOUNT OF FIPTY DOLLARS ($50.00) PER DAY BE LEVIED BEGINNINI AUGUST 15, 1986. ATTORNEY THERIAC ADVISED THAT THE MOTION WAS NOT IN ORDER IN THAT A PINE CANNOT BE IMPOSED PRIOR TO THE COMPLIANCE DAI I. 111: EXPLAINED. THAT A COMPLIANCE DATE SHOULD BE DETERMINED AT Tills IH:ARINO AND THAT A RETROACTIVE FINE CAN HE LEVIED EFFECTIVE THE DAII- SI LCH'ILD AT Till: COMPLIANCE HEARING.. SLR. STF.NOLEIN MOVLD TIIAT TIIE ROA1i1, INTER AN ORDER,, ON CASE NO. 86-51, MAKING THE FOLLOWING FINDING OF FACT: 'TIIATMN. SIBRE BE FOUND IN VIOLATION: OF SECTION 675.06, UNLAWI'V'I. ACCUMULATION AND THAT HE SHALL DE IN COMPLIANCE BY AUGUST 14, 1986, It)' 'Tilt: REMOVAL OR SCREENING OF SAID ACCUMULATION, AND UPON COMPLYING. SIR. SHIRE SHALL NOTIFY THE CITY IN; WRITING ,AND THE. CITY SHALL INSPECT' Till: PROPERTY AND NOTIFY THE BOARD AT THE AUGUST 21, 1986, MIiENG. Silt. ARABIAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. CAS£ NO. 66-52 CttAR1.IS KINNE LOTS 11 12 AND 19 BLOCK 76. XV -S : .A S O ATION F SECTION 67 .06, ACC M A 1 N SIR.. GUNN EXPLAINED THAT THE PROPERTY WAS STILL IN THE SAME: CONDITION AS IT WAS SHOWN ON THE VIDEO TAPE PRESENTATION AT THE LAST MEETING. THE CONSTRUCTION MATERIAL WAS APPARENTLY ABANDONED BY S.V'.S. DEVELOPMENT. THE LAST NOTICE SENT WAS RETURNED, NOTING THAT THE ADDRESSEE WAS DECEASED. FOLLOWING A DISCUSSION ON THE LEGALITIES INVOLVED, MR. HUTCHISON :MOVED THAT CASE'.. NO. 86-52 BE TABLED UNTIL THE AUGUST 21, 1986, MEETING DUE TO THE UNUSUAL CIRCUMSTANCES., MR. ARABIAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17, 1986 PAGE 3 OF 7 PAGES 0 0 flL\i 'I. ('ASI: NO, efi-5:1. t'A\1171-O'f INN ANU C%PI: KEN NEIL)' 1.I:ASING COIt P.. PAltc'I:I. '7fia, SECTION 15, TON NSIIIP "4 SOl"1'111, RANGE 37 EAST, ASTRONAUT IfOUI.f:\AItD - \IUL.ATION O1 Sf.C'fION 7-7.3. LIPf. S,AI I:'IY CODE. IM, .ADOPTED BY TIIL CITY UNDER CILA PTi;tt fi7r,, I'I it i`. EXTINGUISHING SYSTEMS ,IR. GU'NN INTRODUCED MANCE HU'DER, FIRE INSPECTOR. 'AFTER BEING S1:ORN IN, MR. IIUBEH COMMENTED THAT AN INSPECTION HAD BEEN MADE Al IIII: CAMELOT RESTAURANT AND THE FIRE. EXTINGUISHING SYSTEM DID NOT HA%1: 11111: PROPER CERTIFICATION AND DID NOT MEET THE CODE. MR. CHARLES MOEHLE. I'llI SIDENT OF CAPE KENNEDY LEASING, EXPLAINED THAT THE SYSTEM HAD BEEN INSPECTED BY BOGGS AND BREVARD FIRE SAFETY AND THAT IT WAS OPERABLL HCT DOES NOT MEET THE CODE CHANGES. THE SYSTEM WAS BUILT IN Till'. fi6'S \NI, 70'S BY A COMPANY NOW OUT OF BUSINESS AND PARTS ARE NO LONGER A\ \ILARLE, III: ADVOCATED THAT IT HAS DIFFICULT, IF NOT IMPOSSIBLE, TO FIND \Nl'ONI: TO UPGRADE THE SYSTEM BECAUSE THEY ARE ONLY INTERESTED IN si'IJANG A NEW SYSTEM. AFTER BEING SWORN IN, MR, MOEHLE REQUESTED SOME. l lml: TO LOCATE THE NECESSARY PARTS TO BRING THESYSTEM INTO COMPLIANCE. \tlt. HUIVIIINSON MOVED. THAT CASE NO 86-53. CAMELOT INN AND CAPE KI.NNE.DY I.1::\SING COIi P., BE FOUND IN VIOLATION OF SECTION 7-2.3, LIFE SAFETY CODs: 1111, AND THAT THEY COME INTO COMPLIANCE BY SEPTEMBER 11, 1886. BY BRINGING `I III: EXISTING FIRE EXTINGUISHING SYSTEM UP TO THE HEQUIRED STANDARDS, O12 PRESENTING A CONTRACT OR PROPOSAL FOR A. SYSTEM. N'IHCI1 WILL II -1-1117 REQUIRED STANDARDS. MR. STINGL£IN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. AT THE REQUEST OF ATTORNEY JOSEPH SCOTT, ITEMS 4 AND 5 WERE HEARD ITEM 4. CASE NO. 86-54 OCEAN WOODS HOMEOWNERS' ASSOCIATION. INC.. 87 1 ..X C tRT - Vl LAT10 SF.0 ION 645.0 NG ER TS .QUI E ITEM S. CASE. NO. 86 -SS OCEAN WOODS HOMEOWNERS ASSOCIATION INC, 6751 I EX C R- V .ATIO OF S 60.03. OCCLPYING A SINGLE A Y CS C ADUPLEX ATTORNEY SCOTT ADMITTED THAT THE SINGLE FAMILY, RESIDENCE WAS HLING USED AS A DUPLEX AND STATED THAT OCEAN WOODS HOMEOWNERS ASSOCIATION, INC. WAS GOING TO REQUEST A'HEARING BEFORE THE BOARD OF ADJUSTMENT. HE POINTED OUT THAT THE CODE ENFORCEMENT' BOARD COULD NOT TAKE ANY ACTION WHILE THEIR REQUEST WAS BEING CONSIDERED BY THE BOARD OF ADJUSTMENT. MR. 11000 MOVED, THAT CASE NO 66-55 BE TABLED PENDING THEIR APPLICATION' FOR A HEARING BY THE BOARD OF ADJUSTMENT. MR. ARABIAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CODE ENFORCEMENT BOARD REGULAR SLEETING JULY 17, 1986 PAGE 4 OF 7 PAGES A%DDHLSSIN(1 PERMIT HLQL'IRIAIENT FOR PACING, Alit. SCOTT .Aillr)('A'I I D 111%1 '1111: BUILDING PI:RAiIT REQUIREMENT WAS A MISNOMER. III: EXPLAINI-.I. IIIAT .A SECTION OF THE ROAD. HAD BEEN PAVED TO INCREASE PARKING AS A It I:SL'LT OF NUMEROUS COMPLAINTS FROM THE RESIDENTS OF BAY COURT. Ill: POINTED OUT THAT THE NOTICE OF VIOLATION HAD SAID IN EFFECT THAT EVEN IF A REQUEST FOR A PERMIT WERE SUBMITTED IT WOULD BE DENIED. NOTING 'I71AT THE POINT IN QUESTION WAS THE PAVING IN A. BUFFER ZONE, ATTORNEY SCOTT NOTED THE FACT THAT THERE WAS NO CITY RESTRICTION OR CITY CODF W IIICII WOULD NOT ALLOW PAVING IN A BUFFER ZONE. THE QUESTIONABLE ACTION BEING TRI: DECISION OF THE COURT IN THE CASE BETWEEN OCEAN WOODS AN], 'IIB: CITY, 11HICH DID NOT ALLOW BUILDING IN THE BUFFER 'LONE. ATTORNLN 'IIIERI.AC REMARKED THAT THE BOARD COULD MAKE A DETERMINATION AND THAT DI:TLRAIINATION COULD BE CHALLENGED BY THE IIOML701VNERS ASSOCIATION '111ROUGH THE CIRCUIT COURT. HOWEVER, ATTORNEY SCOTT WAS OF THE OPINION 'IIIAT IT WOULD BE A MORE RATIONAL APPROACH TO ABIDE WITH THE COURT ORDER AND PETITION THE BOARD OF ADJUSTMENT FOR A RULING. DR. CHARLES PINDZIAK WAS SWORN IN AND VOICED HIS OBJECTION TO Till: INIRVS1ON INTO THE BUFFER ZONE AND ADVOCATED THAT THEY WERE IN 110LATION. DURING TRE' ENSUING DISCUSSION, ATTORNEY THERIAC DEEMED SECRETARY WIFE IIIMSI:I.F TO HAVE A CONFLICT OF INTEREST, IN THAT HIS WIFE WAS TItESCC.RCT." RILLY TURNER, AN AFFILIATE OF OCEAN WOODS, INC., MR. 11000 MOVED THAT ITEM NO. 86-54 BE TABLED UNTIL SUCH TIME A DIFFERENT COUNSEL COULD BE PRESENT TO REPRESENT. THE BOARD. MRS. RUSSELL SECONDED THE MOTION. VOTE ON THE MOTION WAS ASFOLLOW'Ss IN FAVOR: MR. ARABIAN, MR. HOGG, MS. LAROCCA,' AND MRS. RUSSELL; MR. HUTCHINSON AND MR.'STENGLEIN ABSTAINED. MOTION CARRIED. CHAIRMAN HOOD REMINDED THE ABSTAINING MEMBERS TO FILE THE NECESSARY PAPERWORK WITH THE CITY CLERK. ITEM 6. CASE NO. 86-57 HENRY W. %ILLIAMS LOT A BLOCK P3. - Y— .-S 1 FIA 160 AV'F.NU —VIOLA ON OF 6 CTI N 615.p7 .0 UP TING A ACC - STR S G LY 1' O C ICA AFTER BEING SWORN, IN, MR. WILLIAMS STATED THAT IT APPEARS THAT HE HAD PURCHASED A PIECE OF PROPERTY. THAT. WAS NOT AS IT WAS SUPPOSED TO HAVE BEEN. MR. GUNN COMMENTED THAT THE HOUSE. AND ACCESSORY STRUCTURE CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17, 1886 PAGE 5 OF T PAGES 0 0 II \O III.LN I ON\VICII:1)'10 MOUS;: T I I It EI: ['ASI II.IF.S. SIN ('11 THIS CAS I: WAS OPLN I.U. 1111. IS 1: 01' Till: ACCESSORY ST'RUCTU It AS It 1:SIDI:NT'IA I. IIAS BEEN DISCON'IINUI.I- AND \111. %%ILLIAMS HAD AGREED TO LEAVE IT VACANT UNTIL SUCH TIME IT COLLO III: LEGALLY USED A8 A RESIDENCE. SINCE THE TENANTS OF THE TWO FAMIL)- MOUS;:, CONSTITUTING A DUPLEX, HAVE PAID THEIR RENT; PROPER NOTIFICATION TO THE TENANTS TO EVICT OR VACATE THE PREMISES WOULD HAVE TO HE GIV LN. slit. GUNN SUBMITTED INTO EVIDENCE THE NOTICE OF VIOLATION AND SUPPORTING DOCUSIENTATION TOTHE EFFECTTHAT IT'WAS A SINGLE FAMILY RESIDENCE. SIR. WILLIAMS PRESENTED THE APPRAISAL ON THE PROPERTY AND A LFASI. I'ROSI ONE OF TIIU TENANTS, DATED MARCH 22, 1986, WHICH WILL RUN FOR ON1. Y'I:.AR. IN RESPONSE TO QUESTIONS FROM THE BOARD, MR. GUNN STATED THAI TIIE 'ZONING WOULD ALLOW A TWO FAMILY RESIDENCE; HOWEVER. TIIE I:XISTINc STRUCTURE DOES NOT HAVE Tilt MINIMUM FLOOR .AREA AND THE STRUCTURI WOULD IIA%;: TO MEET TIIE MINIMUM HOUSING CODE AND FIRE RESISTI\I' SEPARATION. DURING THE ENSUING DISCUSSION,. MR. WILLIAMS AGREED TO P:\1 DOUBLE UTILITIES AND MAKE NECESSARY IMPROV'EMENTSTO MAKE THE STRUCTUIl I: SAFI: FOR THE TENANTS WHICH WOULD ALLOW HIM TO CONTINUE THE DUPLEX USAGE UNTIL THE EXISTING LEASES EXPIRE. MR. ARABIAN MOVED TO ENTER AN ORDER IN CASE' NO. 86-57 MARINO THE FOLLOWING FINDING OF FACTt THAT HENRY' WILLIAMS BE FOUND IN VIOLTION OF ORDINANCE 615.97 AND THAT MR. WILLIAMS COME INTO QUASI COMPLIANCE, TO RE DESCRIBED. BY AUGUST N, 1996. QUASI COMPLIANCE BEING' DEFINED AS SATISFYING'—THE BUILDING OFFICIAL'S REQUIREMENTS FOR SAFETY PRECAUTIONS NECESSARY FOR. THE TENANTS SAFETY' AND MR. WILLIAMS BEING CHARGED .DOUBLE SEWER AND GARBAGE FEES. FULL COMPLIANCE WILL HE REQUIRED' AT THE TERMINATION OF THE LEASE, MARCH 22, 1987. UPON CONIPL14NM MR. WILLIAMS SHALL NOTIFY THE BUILDING OFFICIAL IN WRITING AND THE BUILDING.. OFFICIAL. SHALL INSPECT' THE PROPERTY AND NOTIFY THE BOARD. MR. STENGLIEN SECONDED MOTION, MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. BUILDING OFFICIAL'S REPORT REt CANAVERAL CAB COMPANY CHAIRMAN HOOG REITERATED THE QUESTIONS "HOW GOULD CANAVERAL CAB OBTAIN AN OCCUPATIONAL LICENSE WITH A. CASE PENDING FOR A VIOLATION OF A CITY ORDINANCE." CODE ENFORCEMENT BOARD REGULAR MEETING JULY IT, 1986 PAGE 6 OF 7 PAGES 0 0 MR. GVNN EXPLAINED THAT CANAVERAL CAB COMPANY 11,11, IlH 11111, I11HR OCCUPATIONAL LICENSE ON NOVEMBER 11, 1985. PRIOR 1"0 711E CDui. ENFORCEMENT BOARD ACTION IN JANUARY. HOWEVER, THE CONFUSION Alt Osl. NHEN IT WAS DISCOVERED THAT CANAVERAL CAB HAD FAILED TO MAKI: AN APPLICATION TO RENEW THEIR CERTIFICATE OF PUBLICCONVENIENCE AND NF.CISSITY. THIS WAS AN OVERSIGHT AT THE TIME THE OCCUPATIONAL LICENSE WAS ISSUED. THE RECENT COUNCIL ACTION REGARDING TAX[ CAB REGULATIONS MADE TIIIS A MOOT ISSUE. T11ENE BEING NO, FURTHER BUSINESS, THE MEETING WAS ADJOURNED AI 11:40 P.M. A4 tc�dfaYEa, APPROVED/THIS. DAY OF i. _ _,1986. CIJAIRMAN SLCKFTARY 4 = i{�f" ✓ CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17, 1986. PACE 4 OF 7 PAGES MICROFILMED AUG 87 FORM 4 MEi .ORANDUM OF VOTIN.A CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME Sa 7p-N LII / ' ?L(-S i, THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON [:��/ C 7 %. _ WHICH I SERVE IS A UNIT OF: MAILING ADDRESS A317,(2 97S VC/a v))1 CITY 0 COUNTY O OTHER LOCAL AGENCY 0 STATE CITY d �1/� /Fi OUNTY CI/YE C/3iV'/ Ve' 1 £ t'A',.0 , NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED 7/i 7/d NAME OF OARD, OUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Coote Nfoeci 1tiwv ,3o, ) WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes(Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on 7�� ? , 19 re : (a) I abstained from voting on a matter which(check one): inured to my special private gain; or c� inured to the special gain of CAH"I lAjurAS 74"tec"ln/6"../h3' , by whom I am retained. CE FORM 4-REV. 10-84 PAGE 1 MICROFILMED AUG 87 r (b) The measure on which I abstained and the nature of my interest in the measures is as follows: Com *Fe' [�� C/cJa e--r.- u%c c�'G-✓ 17./c- ry-u-�� r/�-�-t _ - 0 - -:. €T ) '5g 4 ("Mea•-e-'s^-' LA") 7 /a/N Date File Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 • (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES§I 12.317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$5,000. CE FORM 4-REV. 10-84 PAGE 2 MICROFILMED AUG 87 FORM 4 MEWORANDUM OF VOTINJ CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME A/u74C �.,/n 50h /�eO,�"j� , THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON / �-{ ne WHICH I SERVE IS A UNIT OF: MAILING ADDRESS Ca-pe ��N ari/ob /,vCoqrr��/ h / !f ($LCITY O COUNTY O OTHER LOCAL AGENCY ❑STATE CITY � COUNTY pe �KY/ CUI '�l e Va N c4 �� !!!///� NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED jci1,4 / 7/ I6 NAME OF BOA D,COUNCIL,COMMISSION,AUTHORITY,OR C MMITTEE C4 -rb 7‘Fze(74Po7 _361 �r WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes(Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes)by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on 1 '7 jk (7 , 19 8 : (a) I abstained from voting on a matter which(check one): ` inured to my special private gain; or inured to the special gain of , by whom I am retained. CE FORM 4-REV. 10-84 PAGE 1 MICROFILMED (b) The measure on which I abstained and the nature of my interest in the measure is as follows: _ f-;reser /I/p, �'6--,5 4 ,-^ O c�4 y tuned S 1- oen e oe-cm FrY 15511 • -Th c , 7 CI TIrx Cf v1o1a of 5ectCoki 61.5'-o3gutki `r lPr1fridcr6'1-4 o� —z– db shill&e, 6e e a4fe I r�s�� ah N "e-(Y/ *he �t((ee v-[ (Q1--`vhs avetc. ... tfed )' a 15o c`e fr(/'&1•1 5/f As/�.3(.. Ir1� ew��Hh c�-F -Ke ( Cegy cooa4 / 3Nevice,0(045, 'th-5-!'J '3' v c 5 ovy lj 0'2t vd j_Lee, Date Filed - Ignature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] / s Each st. - public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes-rh his official capacity upany measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the <ture of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersig -d officer of a state agency, hereby disclose that on 1 • (a) I voted on a matter which :.eck one): inured to my special private :.in; or inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature o y .'terest in the measure is as follows: Date Filed" Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES§112.317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$5,000. CE FORM 4-REV. 10-84 PAGE 2 cODi: ENFORCEMENT BOARD REGULAR M1:11ING JUNE 19, 19811 A REGULAR MEETINGOF TIIE CODE ENFORCEMENT HOARD WAS HELD ON JUNE 19. 1986, AT CITY HALL. 105 POLK AVENUE, CAPE. CANAVERAL, FLORIDA. CHAIRMAN ROBERT IIOOO,CALLED THE MEETING TO ORDER .AT'7/35 P.M. Till: SECRETARY CALLED THE ROLL. MEMBERS PRESENTi ROBERT IIOOG CHAIRMAN DONALD ARABIAN GEORGE HUTCHINSON ELIZABETH LAROCCA ROY MOELLER MARY RUSSELL CHARLESSTENGLEIN. VINCENT JAMES FIRST ALTERNATE OTHERS PRESENT; JEFF KIDD CITY COUNCILMAN JAMESTHERIAC CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL JEFFREY ECKLEY CODE ENFORCEMENT OFFICER ROBERT ENDER CODE ENFORCEMENT OFFICER EVELYN HUTCHERSON SECRETARY SIR. STENGLEIN. MOVED TO APPROVE THE MINUTES OF TIIE MAY 22, 1986, HlAiUL.AH MEETING AND THE JUNE 6;.1986, SPECIAL MEETING. MR, HUTCHINSON SECONDED MOTION. MOTION. PASSED CNANIMOUSI.Y. - THE NEXT MEETING DATE WAS SET FOR JULY 17, 1986, AT THE RECOMMENDATION OF CITY ATTORNEY THERIAC, CHAIRMAN IIOOG U.AIYED THE READING OF THE STATEMENT OF PROCEDURES FOR THE CODE ENI'ORCEMI:NT HOARD L'NI'INISHF.D BUSINESS SINCE REPRESENTATIVES WERE PRESENT FOR ITEMS.1 AND ADMINISTRATIVE APPEALS, CITY ATTORNEY THERIAC REQUESTED THAT THEY BE HEARD. a. ADMINISTRATIVE APPEALS -CONTINUED FROM JUNE 5, 1986 ITEM 1. CASE NO. 89-29. VIRGINIA CONSTRUCTION AND SIGN COMPANY. CIO S. B. WOMACK (SION LOCATED W E SIDE OF ASTRONAUT BOULEVARD.SEC-MO-9 653.09. SIGN COVE ITEM 2. CASE NO. 86-31 HENRY A. LEMERISE, D/B/A DESIGN AIR 105 LINCOLN SECTION .0 C C * O OCCUPANCY ATTORNEY THERIAC SUMMARIZED THE DISCUSSION PRIOR TO THE MEETING FOR THE RECORD. HE EXPLAINED THAT FLORIDA STATUTES, SECTION162.11. ' CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 19. 1986 PAGE. 1 OF 6 PAGES 0 P RON11H:U FOR AN AGGRIIAE I PARTY TO APPEAL A I'INAL ORDER OF THE CODE I NFORCLMENT HOARD TO THECIRCUIT COURT. HE POINTED OUT THAT Till: ROARD HAD NO JURISDICTION WHICH WOULD ALLOW FOR A REHEARING.. MR. LCMCRISC CITED HIS OBJECTION TO. NOT BEING PRESENT AT Till: HEARINGS AND ,INDICATED THAT HE HAD NOT BEEN NOTIFIED, MR. GUNN PRESENTED COPIES OF THE NOTICES WHICH HAD BEEN HAND DELIVERED. MR. WOMACK OBJECTED TO 1118 CASE BEING HEARD IN 1116 ABSENCE BUT �IWMITITD HE HAD, NO EVIDENCE THAT TIIE PROPER REQUESTS HAD BEEN MADE /O POSTPONE THECASE. IT WAS TIIE CONSENSUS OF THE BOARD THAT NO FURTHER DISCUSSION RI: HELD ON THESE CASES: 1. PUBLIC HEARINGS -:CONTINUED FROM MAY 22, 1988 Tilt. ECKLEY REPORTED THAT ITEMS 1, 3 AND 4 IV17RIT IN COMPLIANCE. ITCH 1. CASE NO. 86-38 YCI.t.OW TOP TAXI. 210 SKELLY DRIVE, ROCKIJ:DOI:, FLORIDA - Viol, OF SIiCTIuN "25,01 GOING B 'SI ESS VTHOL'T ROPER S RA CE COV ; AG ITEM 3. CASE NO, 86-40. C. ARTHUR WARE TS D 2 BLOC K1. .1. CAPE CANAVERAL RIIEN., l'NiT LO2 OR9AN202 CANAVERAL IA—C-11 L;'.R] O ;0. PUBLIC NUISANCES PROHIRITYU ITEM 4. CASE NO. 86-42' HURRAY K. FOOTS LOT 1 GAF RETREAT (200 HOLMAN ROAD - \'IOLATip O SECTION 703.03,PUBLIC NUISANCES PROHIBITED ITEM 2. CASE NO. 86-38. AMOCO OIL COMPANY AND DARRYL DEAN LEASEE, SPACE PONTAMOCO. 8000 ASTRONAT C A' 'ARD CAPI VIOLATION FLORIDAR 1 '.AR' S ..AS ATTORNEY THERIAC'SWORE IN MR. ECKLEY, SINCE A. NOTICE HAD NOT BEEN MAILED TO THE RESPONDENT ADVISING THAT THE CASE HAD OVER CONTINUED AT THE MAY 22, 1886, MEETING, MR. MOELLER MOVED THAT THIS. ITEM RE TABLED 'FO TIIE 'NEXT MEETING. MRS. RUSSELL SECONDED MOTION. MOTION PASSED UNANIMOUSLY. 2. SETTING CASES FOR HEARING - CONTINUED' FROM MAY 22 1986 ITEM 1. PAUL S. SHIRE 1.076 9A" BLOCK 23 AVON -BY -THC -SEA (620 1 O. 8.6 A THROUGH 1 ,AR A6ANT) 5ECTION 673.UU, UNLAUFUL ACCUMULATION MR. ECKLEY STATED THAT IRR. SHIRE HAD BEEN CITED FOR THE VIOLATIONS ON JANUARY 22, 1886,. AND HAD REQUESTED A NINETY DAY EXTENSION. HE REPORTED. THAT THE PROPERTY WAS STILL IN VIOLATIONS AND REQUESTED THAT CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 19, 1986 PAGE 2 OF 6 PAGES 0 0 111F CASE III: Slur roll A PUBLIC IlEARING. AIR. 1100E AIO%ED THAT THIS HEM IIx. SET IOR PUBLIC IfEARING ON JULY 17, 1986. MRS. RUSSELL. SECONDED MOTION. MOTION PASSED UNANIMOUSLY. COMPLIANCE HEARINGS ITEM ]. CASE NO 88-39 DONALD AUNT INp1'PGNDENT TAXI, 181 AIONRnf. 750 .TT 1 CAP . CA RFLORIDA VIULAIJUN or A; 1 JU14 771,O BUSINESS WT IOL"I' C MR. ECKLEY STATED THAT hit. HUNTS REQUEST FOR A CERTIFICATE Or PUBLIC CONVENIENCE AND NECESSITY HAD BEEN SCHEDULED. FOR A PUBIAV HEARING BY THE CITY COUNCIL ON JULY 1, 1086. MR. STENCLEIN MOVED TO TAM I' CASE NO. 86-95 UNTIL JULY 17,1986. MR. HUTCHINSON SECONDED MOTION. MOTION' PASSED UNANIMOUSLY. MR. rNDER REQUESTED THAT ITEM 4 RC HEARD SINCE MR. AND MRS. RAMP h LR 1: IN ATTENDANCE. ITEM 4. CASE NO. 86-415 RAYMOND E. KAMP. LOT 5 AND EAST 12.5 r1:ET OI' .OT 4, II.O(' 78 O _0_ q SO CI:N I'1' A N OF SECTION 645.11T, CERTIFICATE OCC-`-PAN/'N ATTORNEY TIIERIAC SWORE 1N MR, AND MRS. KAMP; AND MR., ENDER. A1116. KAMP SUHN111TED THREE AFFIDAVITS SUPPORTING THEIR STATEMENT AT Till: LAST MEETING THAT THEY, HAD PURCHASED THE PROPERTY AS A HOUSE WITH AN APARTMENT. SHE ADVOCATED THAT THE APARTMENT WAS "GRANDFATHERED IN" SINCE IT HAD,BEI:N IN EXISTENCE: FOR TWENTY-EIGHT YEARS. IN RESPONSE TO A. QUESTION AS TO HOW THIS CASE HAD BEEN BROUGHT TO LIGHT, MR. ENDER STATED THAT A COMPLAINT HAD BEEN MADE BY ONE OF THE TENANTS. MR. GUNN WAS SWORN IN. HE EXPLAINED THAT TIIE FACT THAT THE HOUSE WAS THERE DID NOT MAKE IT LEGAL, AND IN ORDER TO HE LEGAL IT HAD TO HE PERMITTED. MR. HOOC REMARKED THAT THERE WERE A MULTITUDE OF. THESE TYPE STRUCTURES IN THE CITY. MR. GUNN POINTED OUT THAT HIS MAIN CONCERN WAS TENANT SEPARATION, MINIMUM FLOOR AREA AND MINIMUM HOUSING CODE REQUIREMENTS. lili ADDED THAT THE BOARD OF ADJUSTMENT COULD HE PETITIONED FOR A VARIANCE ON THE MINIMUM FLOOR AREA REQUIREMENTS. HE REASONED THAT THE MISUSE OF A. STRUCTURE IS COSTLY TO THE CITY IN THAT SEWER AND GARBAGE SERVICES WERE PROVIDED, AND THE CITY WAS NOT BEING PAID FOR THE SERVICE. AIR. ENDER SUBMITTED SEWER PERMIT NO. 241, DATED JUNE 22, 1966, WHICH INDICATED THAT THE PROPERTY WAS BEING USED AS A SINGLE FAMILY RESIDENCE. MR. GUNN NOTED THAT THE. CERTIFICATE OF OCCUPANCY HAI) BEEN ISSUED FOR CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 19, 1986 PAGE 3 OF 6 PAGES \ SINAL. 1'.AMII.Y IIESIDI.NCE AND '1111: ALTERATIONS WIIICII CIIEATI:II 9111, \i'AII7T11[NT WE1417 NOT PERMITTED, THEREBY ESTABLISHING Till: UNACTIIOIII%I:D CSI. OF Till: STRUCTURE. AIRS. KAMP INSISTED THAT THEY WERE "GRANDFATHERED IN" AND SHOULD NOT DE REQUIRED TO MAKE. ANY CHANCES AT THIS TIME. I OLLOWING A DISCUSSION, IT WAS CONCLUDED THAT SINCE THE MAIN HOUSE WAS VACANT, THE PROPERTY WAS IN COMPLIANCE AND WOULD REMAIN IN COMPLIANCI: UNTIL SUCH TIME TIIE HOUSE WAS RENTED, MRS. KAMP ASKED IF THEY HAD ANY IILCOURSE. ATTORNEY THERIAC EXPLAINED THAT IF THE BOARD MADE A RULING TIIAT SIZE FELT WAS UNFAIR, THE DECISION MUST DE APPEALED TO THE CIBCUI I COURT WITHIN, THIRTY (30) DAYS. ITEM 2. CASE NO. 96-34' CANAVERAL. CAR COMPANY 9701 NORTH ATLANI It' AVENUE, CAfrRANA' A. F.OR A -VID TO OF SECTION OCCUPATI ICF S MR. ECKLF.Y STATED THAT TIIIS CASE WAS IN COMPLIANCE. MH. Iluuu QUESTIONED THE ISSUANCE OF AN OCCUPATIONAL LICENSE WHEN. THEY 1\I:11L. NOT IN COMPLIANCE WITH A RULING MADE BY THIS HOARD. MR. GUNN EXPLAINED TIIE REQUIREMENTS FOR .RENEWAL OF OCCUPATIONAL LICENSE BUT COULD NOT RESPOND TO SPF•CIFIC QUESTIONS BECAUSE TIIE INFORMATION WAS NOT AVAILABLE:. TIII: i'ILFS ON OCCUPATIONAL LICENSES ARE ON FILE IN THE FINANCE DEPARTMENT. MR. GUNN STATED THAT. HE WOULD RESEARCH THE ISSUE AND REPORT AT IHE JULY MEETING ITEM 3, CASE NO. 96-35 TINA DENYER D/R)A. TINA'S TAXI SERVICE. 210 CANAVERAL IAl. FLORIDA VIOLATION.O 2 IN . S V IO T AN CIE' CUPATIONAL MUI.NbE MR. ECKLEY REPORTED THAT THIS CASE WAS NOT INCOMPLIANCE. COUNCILMAN KIDD STATED THAT HE HAD UNDERSTOOD AT THE PUBLIC HEARING THAI' EVERYTHING WAS IN ORDER AND THAT THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY HAD BEEN .ISSUED. MR. GUNN READ THE LETTER FROM THE CITY CLERK ADVISING THAT RESOLUTION 86-38 GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE OPERATION OF TINA'S TAXI WAS ADOPTED ON JUNE 311986, BUT THE ACTUAL CERTIFICATE WOULD NOT BE GRANTED UNTIL A., CERTIFICATE OF INSURANCE' WAS PROVIDED AND THE CITY HAD INSPECTED HER TAXI, MRS. RUSSELL MOVED TO POSTPONE ACTION ON CASE NO. 86-35 UNTIL. THE JULY L7, 1986, MEETING. MR. ARABIAN SECONDED MOTION. M07ION PASSED UNANIMOUSLY. CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 19, 1985 PAGE 4 OF 6 PAGES • 0 PL BLIC HEARINGS MR. ENDER STATED THAT ITEMS 7 AND 3 WERE IN COMPLIANCE. ITEM 2. CASE NO. 86-17. ARTHUR E. BURNS LOT 1 BLOCK 9, CAPE C NA 'ERA REACH GARDE S UN T T l'O NORTHEAST CORNER A TIC - 'E A C' T A BO'.AARU ITEM 3. CASE NO. 86-18 NICK J.C BILLAS LOT 87 HARBOR HEIGHTS THIRD T O S I 9 P D CORA I. RIVE I A NF SCT O 703.09 C UISANCI:S PROED INCPARCEL RCEL 2S 5 SEERCTIIAORN ROIa ITEM 1. CE NO. 86-16 SOUTHERN LAKES, II1HA SEASHELLNE AN A C . S OHSION D HARBOR SO TH ASRNR In TIC FEA . vi PRO 11 MR. ENTIER STATED THAT 1N .TIIE. FUTURE THESE TYPES OF CASES WOULD NOT COME BEFORE THE BOARD. UNDER THE NEW POLICY, NOTICES WILL BE SENT ol'l AND IF THEY DO NOT COMPLY WITHIN THE TWENTY DAYS, SPECIFIED, THr (11) WILL HAVE. THE GRASS CUT ANDA LIEN WILL BE FILED IF THEY DO NOT PAN' ,()It THE SERVICE. PVR. GUNN, ADDED THAT .THE CITY CODE OUTLINES Till: P0oc,EpURES TO HANDLE THESE TYPES OF VIOLATIONS, AS WELL AS JUNK VEHICLES, NN UTILIZING CITY CONTRACT SERVICES. HE MENTIONED THAT ONLY OUT OF THE ORDINARY CASES WOULD BE BROUGHT. BEFORE THIS BOARD WHICH SHOULD III:DUCE THIS BOARD'S CASE LOAD. ITEM 1. T IR ApD TION 3201ll AR BOR BURNS1RD'F. R.•N 10 T 7721 0 OF SECTION 709., U C ANC :S P O 1 ITC MR. ENDER. STATED THAT MR., BURNS HAD MOWED THE FRONT. YARD, AND SUBSEQUENTLY THE CITY HAD REMOVED' SOME.13LISHES WHICH EXPOSED THE UNCUT BACK YARD. IT WAS POINTED OUT THAT THIS WAS A CHRONIC. SITUATION. I OLLOW'ING A DISCUSSION, MR. 110OG ,MOVED THAT CASES NO. 86-46 AND 86-19 HE HANDLED UNDER THE NEW PROCEEDURES.MR. STENGLEIN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NLW BUSINESS ITEM 1. MOTION RE: ELCCTION OF VICE CHAIRMAN CHAIRMAN HOGG CALLED FOR NOMINATIONS FOR VICECHAIRMAN. MR. HUTCHINSON 'NOMINATED MR. ' STENGLEIN. THERE BEING NO FURTHER NOMINATIONS, MR. STENGLEIN WAS ELECTED VIVA VOCE. CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 19, 1986 PAGE 5 OF 6 PAGES jht'L SSION ITEM 1. CASE NO, 85-:0; CANAVERAL CAR COMPANY -CLARIFICATION ORDI:It IMPOSING PE A TT A.IEN MR. ECKLEY STATED THAT THE PENALTY WAS STILL BEING IMPOSED AGAINST CANAVERAL CAB COMPANY. MR. HOOG MOVED THAT THE CITY ATTORNEY FILE A LIEN ,AGAINST CANAVERAL CAB COMPANY 'AS.SET FORTH INTHE FLORIDA s'm UTES. hill. STENGLEIN SECONDED THE MOTION. EMOTION PASSED UN.ANIMOL'SLY, A DISCUSSION ENSUED ON ALTERNATIVES WHICH COULD HE TAKEN TO BRING 11115 CASE INTO COMPLIANCE.. ATTORNEY THERIAC SAID THE CITY COULD FILL I'OR INJUNCTIVE RELIEF BUT HE DID NOT BELIEVE THE CITY WANTED MORE COURT CASES AT THIS TIME. THE POSSIBLITY OF INSTITUTING A NEW CASE AGAINST Till: PROPERTY OWNER ' WAS EXPLORED. -. AIR. GUNN SUGGESTED THAT ANOTHER ALTERNATIVE WOULD HE THE REVOCATION OF CANAVERAL CAH'S PERMIT. DEPICTING THE CITY'S PAST EXPERIENCE AND THEIN FAILURE TO COMPLY, RATHER TIIAN rILE A NEW CHARGE AGAINST THE PROPERTY OWNER. MR. GUNN %%IL . REVIEW THE CASE FILE AND MAKE HIS RECOMMENDATION TO THE BOARD AT Till: J V LY MEETING. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT APPROVED TII1S 1,L DAY OF , 1986. Fe s ECH F uTTX ! - CODE ENFORCEMENT BOARD REGULAR ME£TINO JUNE 19, 1986 PAGE 6 OF 5 PAGES 0 0 CODE I:NFOIICEMI:NT BOARD SPErIAI. MEETING JUNE 5, 1888 A SPECIAL MEETING. OF THE CODE ENFORCEMENT. BOARD WAS HELD ON JUNE 5. 1988, AT CITY HALL, 105 POLK AVENUF.,'CAPE CANAVERAL.FLORIDA. CHAIRMAN HOOD CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTI ROBERT 11000 CHAIRMAN GEORGE HUTCHINSON ROY MOELLER MARY RUSSELL CHARLES STENGLEIN - ELIZABETH LAROCCA FIRST ALTERNATE m umill:RS ARSENTI DONALD ARABIAN OTHERS PRESENTI JEFFREY ECKLEY CODE ENFORCEMENT OFFICER EVELYN HUTCHERSON SECRETARY CHAIRMAN HOOD CALLED THE BOARD'S ATTENTION TO THE MEMORANDUM I'ROM THE CITY CLERK ADVISING THAT NEITHER MR. WOMACK OR MR. L£MERISE p OC60 BE PRESENT AT THE MEETING. FOLLOWING A DISCUSSION, IT WAS THE coNCENSUS OF THE BOARD THAT BOTH ITEMS BE POSTPONED UNTIL THE JUNE 1% 1088. MEETING. THE SECRETARY .WAS DIRECTED TO SEND BOTH PARTIES -\ NOTICE OF THE MEETING. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED Al H:115 P.M. J APPROVED THIS [,�-!A• DAY OF •-�� + 18 P(�• . 2 • � G, to �-'. I 1: 'C.U `�� t: A CODE I:NFORCEMENT TIOARD REGCLAR NII:I:TING MAY 22, 1986$ A REGULAR. MEETING. OF THE CODE ENFORCEMENT BOARD WAS HELD ON MAY 22, 1986,AT CITY' HALL, 105 POLK AVENUE, CAPE CANAVERAL., FLORIDA. CHAIRMAN' ROBERT 11000 CALLED THE MEETING TO ORDER AT 7;50 P.M. TII1: SECRETARY CALLED TIIE ROLL,. MEMBERS PRESENTS ROBERT 11000 CHAIRMAN MARY IIARTDEGEN- GEORGE HUTCHINSON ROY MOELLER MARY RUSSELL CHARLES STENGLEIN ELIZABETH LAROCCA FIRST ALTERNATE NUMBERS ABSENTS DONALD ARABIAN 0111ERS PRESENT; JEFF KIDD CITY COUNCILMAN JAMES THERIAC CITY ATTORNEY - JEFFREY ECKLEY CODE ENFORCEMENT OFFICER ROBERT ENDER CODE ENFORCEMENT OFFICER - EVELYN HUTCHERSON SECRETARY CHAIRMAN HOOG READ THE STATEMENT OF PROCEDURES FOR THE CODE ENFORCEMENT BOARD. MR. STENGLEIN MOVED TO APPROVE THE MINUTES OF THE APRIL 17, 1986. MEETING. MR. HUTCHINSON SECONDED MOTION'. MOTION PASSED UNANIMOUSLY. THE N"T MEETING DATE WAS SET FOR JUNE IBt 1956. COMPLIANCE HEARINGS ITEM 1. CASE' NO. 96-04JEFFREY L. RICA AND R.D.M.H.. INC. V10LATION SFC O 6i C G OWFb-C-C-VPA1NCY REQUIRED CASE NO. 86-12 RICH'S CIO JEFF RICH 8200 N. ATLANTIC AVENUE CAPE CANAVEMAL tt.UKIIIA - ATIO S ;CTI 721. D ING US WITH C E ATTORNEY THERIAC SWORE IIN JEFFREY ECKLEY. MR. ECKLEY REPORTED THAT MR. RICH WAS. NOW IN COMPLIANCE,' TWENTY-TWO DAYS AFTER THE .MAY 1, 1986, COMPLIANCE .DATE.' THE POSSIBILITY OF .CHARGING -A PENALTY RETROACTIVE TO THE COMPLIANCE DATE WAS DISCUSSED. MR. STENGLEIN MOVED THAT THE DEFENDANT, JEFFREY L. RICH AND R.D.M.H. BE FINED TWO HUNDRED FIFTY DOLLARS ($260) FOR NOT BEING IN COMPLIANCE BY MAY FIRST:. MR. MOELLER SECONDED MOTION. MOTION PASSED UNANIMOUSLY.' CODE ENFORCEMENT BOARD REGULAR MEETING MAY 22, 1886 PAGE I OF 5 PAGES 0 0 It I!Si 2. CASE NO N6-24, ATLANTIC' Ht:AC'II ('AHS, INC.. C!(1 RONALD C. MOOIt I:. 142 OR7'I ATI. NI'IC A\T.NUI:. COCOA ItI:A('ll, PLOI(IDA - IJULA'IIUN OP SECTION 7217DO N(I R SIN :SS WITHOUT OCCUPATIONAI, LICENSE Mit. ECKLEY REPORTED THAT ATLANTIC REACH CAR HAD NOT COME INTO COMPLIANCE AS REQUIRED BY THE AFFIDAVIT OF NON-COMPLIANCE AND TIIE\' IIAD NOT RESPONDED TO ANY OF THE NOTICES. FOLLOWING A .DISCUSSION, SIR. STENGLEIN MOVED THAT CASE NO. 84-26, ATLANTIC BEACH CABS, INC., HE FOUND IN NON-COMPLIANCE OF SECTION 721 AND, EFFECTIVE MAY. 22, 1886,. ATLANTIC BEACH CABS 18 TO BE FINED. TWO HUNDRED DOLLARS ($200) FOR EACH DAY THEI ARE SEEN DOING BUSINESS IN THE CITY OF CAPE CANAVERAL. MOTION SECONDED BY M1(. 11000. MOTION PASSED UNANIMOUSLY. ITEM 9. CASE NO. 86-29 VIRGINIA CONSTRUCTION AND SIGN COMPANY. ('!O 1. t0 A RUM, , SIR. ECKLEY EXPLAINED THAT THE SIGN HAD PREVIOUSLY BEEN PERMITTLD BY TIIE STATE AND WAS CONSIDERED A NON -CONFORMING SIONI HOWEVER, WHEN IT WAS RELOCATED, IT NO LONGER QUALIFIED' AS, A NON -CONFORMING SIGN. SIR. MOELLER MOVED THAT, EFFECTIVE MAY 22, 1986. CARE NO, 86-29, VIRGINIA CONSTRUCTION AND SIGN COMPANY, HE FINED TWO HUNDRED DOLLARS ($200) PER DAY UNTIL FIFTEEN HUNDRED DOLLARS (111,500). IS ACCRUED, AT WHICH TIME 'Pill: ATTORNEY SHALL TAKE ACTION AGAINST THE RESPONDENT. RIR. HUTCHINSON SECONDED MOTION. MRS, RUSSELL' MOVED TO AMEND THE ACCUMULATED FINE TO SIXTEEN HUNDRED DOLLARS ($1,600), MS. NARTDEGEN SECONDED THE MOTION. VOTE ON THE MOTION WA8 UNANIMOUS. THE MAIN MOTION, AS AMENDED, CARRIED UNANIMOUSLY. ITEM 4. CASE NO. 86-1I HENRY A. LF.MERISF. DIB/A'bESIGN AIR -VIOLATION I.O,C 1 C MR, ECKLEY STATED THAT MR. LFMERISE WAS NOT IN COMPLIANCE AND HAD NOT CONTACTED THE BUILDING DEPARTMENT FOR AN INSPECTION.. ATTORNEY THERIAC SWORE IN ROBERT ENDER. MR. ENDER REPORTED THAT THE ADDITION WAS BEING USED FOR THE STORAGE OF TWO VEHICLES AND OTHER MATERIALS. MR. MOELLER MOVED THAT, 'EFFECTIVE MAY 22, 1086, CASE, NO. 86-81, HENRY LEMERISE, BE FOUND IN VIOLATION. OF SECTION 645.07, CERTIFICATE OF OCCUPANCY REQUIRED, AND RE FINED FIFTY DOLLARS ($50) PER DAY UNTIL THE SLIM OF ONE THOUSAND DOLLARS ($1,000) HAD BEEN LEVIED, AFTER WHICH TIME TIIE CITY ATTORNEY WILL TAKE ACTION AGAINST THE RESPONDENT. MRS. RUSSELL SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CODE ENFORCEMENT BOARD REGULAR MEETING MAY 22, 1986 PAGE 2 OF 5 PAGES I_'I i_tim- HEARINGS %I R. ECKI.I:Y REPORTED TIIAT TIIE FOLLOWING ITEMS WERE IN COMPLIANCE: ITEM 1. CASE NO. 86-32 DIAMOND GINNY'8 CIO JIM MORGAN - VIOLATION C O 0 ITEM 6. CASENO. 86-37 MORRIS ADAMS OIL COMPANY AND BILI. EVANS. 1 A I 8 G 'LiShi�bit"blr�F.c 39A YCIIIC 'LAIi USE AREA5 ITEM S. CASE NO. 88-39 KEEN ENAN TERPHISES INC. AND CAPE CHEVRON 9 1 C A CA E C AVE AL. 'p O .0 8 9. 8, _ IC AREAS ITEM 10. CASE. NO 86-I1 MARGARET E., DAILEY LOT : BLOCK R CAPI: CANAVERAL 1 'p - O OF SECTION 79.3. D ITEM 12. CASE NO. 88-13 CHIiSTER W. SIMMONS I.OT 5A ODIN SUBDIVISION C ITEM 13. CAFE NO. 88-i1 ROBERT J. SCHVERGER, LOT 5B. ODIN SUBDIVISION OI A O SE . 70 . , L C ISANC -S PR I IR TEIt ITEM 2. CASE NO 88 33. DONALD HUNT. INDEPENDENT TAXI 401'MONROE ' .N 0 C C L ,ORIDA - t \' T110 'T C ATTORNEY THERIAC SWORE IN DONALD HUNT. MR. �ECKLEY STATED THAT 'IIII:RE SEEMED TO HE,A DIFFERENCE OF OPINION ON WHAT CONSTITUTES "DOING ROSINESS" IN THE CITY. ATTORNEY THOMAS L. SMITH, REPRESENTING MR. IIUNT. STATED THAT 'MR. HUNT. DOES NOT. CRUISE. THE CITY FOR PASSENGERS. 111: RESPONDS TO CALLS AND PICKS UP OR DROPS OFF PASSENGERS. HIS CALLS ARI: It C['IaV76D THROUGH AN .ANSWERING SERVICE IN COCOA. MRS AUNT WAS ADVISED TIIAT HE NEEDS A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND A CERTIFICATE OF INSURANCE To OPERATE' HIS TAXI SERVICE IN. THE CITY. FOLLOWING A' DISCUSSION ON THE NAME OF THE COMPANY, "CANAVERAL.. CAB. INDEPENDENT TAXI," MR. SMITH MENTIONED THAT MR. HUNT HAD AN AGREEMENT WITH CANAVERAL CAB COMPANY WHICH WOULD SOON BE IN LITIGATION. HE ADDED II LAT HE HAD ADVISED HIS CLIENT NOT. TO CHANGE THE NAME OF HIS TAXI. MRS. RUSSELL MOVED THAT DONALD HUNT, INDEPENDENT TAXI, BE FOUND IN VIOLATION OF SECTION 725 AND BE GIVEN FIVE WORKING DAYS, EFFECTIVE MAY 23. TO OBTAIN A .CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. MR. HUTCHINSON SECONDED MOTION. MOTION PASSED UNANIMOUSLY.. ITEM 3. CASE NO. 88-3: CANAVERAL CAB COMPANY 8701 NORTH ATLANTIC C A A- O TI O CTION 21 S A C MR. ECKLEY STATED THATCANAVERALCAB COMPANY ,DID .NOT HAVE A CURRENT CERTIFICATE OF PUBLIC CONVENIENCE AND NECEbSITY. IN THE ABSENCE CODE ENFORCEMENT BOARD REGULAR MEETING MAY 22, 1966 PAGE 3 OF 5 PAGES 0 • of A It I:PRESENTATI% L FROM CANA\'URAL CAN COMPANY. NIRS. RUSSELL NI.. LD I111AI" CANAVERAL CAR COMPANY III: FOUND IN VIOLATION OF SECTION 721, DOING BUSINESS WITHOUT AN OCCUPATIONAL LICENSE,AND RE GIVEN FIVE WORKING DAPS, EFFECTIVE TODAY, TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCU. NIR. HUTCHINSON SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 4.CASE NO. 88-95 TINA DENYER D/R/A TINIDA E'S TAXI SERVIi O i ag MUM 7! V L'T AN OC S: ATTORNEY THERIAC SWORE IN TINA DENYER. SIR, ECKLEY EXPLAINED 111A1 NIS. DENVER WAS IN, THE PROCESS OF .OBTAINING A. CERTIFICATE OF PURIJC CONVENIENCE AND NECESSITY. THE REQUEST WILL BE ADDRESSED AT TRI: CITY COUNCIL MEETING ON JUNE., 9, 1986. MR. HGOG .MOVED TO DELAY ACTION ON THIS CAST: UNTIL THE JUNE 19, 19861 MEETING' MR. HUTCHINSON SECONDED MOTION. MOTION PASSED UNANIMOUSLY - MR. ENDER NANIMOUSLY:MR..END£R REQUESTED THAT ITEM 1-4 BE HEARD' AT THIS TIME SINCE NIR. \ND NIRS. KAMP WERE PRESENT. ITEM 14. CASE NO. IS -45 RAYMOND' E. KAMP LOT 6 AND EAST 12.5 FEET P; SECTION 4 OC A _ ..ATTORNEY TII£RIAC SWORE, IN MR. AND FIRS. KAMP. MR. ENDER REPORTED '1'HAT THE CERTIFICATE OF OCCUPANCY WAS ISSUED FOR A SINGLE FAMILY RESIDENCE .AND THE.PROPERTY. WAS BEING UTILIZED �AS A DUPLEX. THEY WERE RUING CHARGED FOR A SINGLE FAMILY RESIDENCE FOR SEWER AND TRASH SERVICE, AND AS INDICATED ON THE NOTICE OF VIOLATION, THE CORRECTIVE' ACTION II EQVIRED WOULD BE TO CHANCE THE HOUSE BACK TO A SINGLE. FAMILY DWELLING UR VACATE THE APARTMENT UNTIL THEY HAVE APPLIED FOR AND RECEIVED A CERTIFICATE OF OCCUPANCY FOR A DUPLEX. MR. KAMP EXPLAINED THAT THEY HAD PURCHASED THE PROPERTY AS A DUPLEX AND WERE NOT ,AWARE OF THE VIOLATION. FOLLOWING A DISCUSSION ON THE REQUIREMENTS FOR CONVERTING THE PROPERTY TO A DUPLEX, MR.. STENGLEIN MOVED THAT RAYMOND E. KAMP BE FOUND IN VIOLATION OF SECTION 645.97, CERTIFICATE OF OCCUPANCY REQUIRED, AND BE GIVEN UNTIL JUNE 19. 1996, TO PRESENT A PLAN FOR CORRECTIVEACTION TO THE CODE ENFORCEMENT BOARD. SIR. HUTCHINSON SECONDED MOTION. MOTION. PASSED UNANIMOUSLY. CODE ENFORCEMENT BOARD REGULAR MEETING MAY 22.1986 PAGE 4 OF 5 PAGES 0 0 CITY ATTORNEY TIIF.RIAC LEFT Till: MEETING. r11AIRMAN ROOD STATCU -IIIAT Till: REMAINING ITE11S WOULD BE CONTINUED UNTIL THE JUNE. 19, 19841. `JECTING. MRS. RUSSELL REQbFSTED THAT A STREET ADDRESS OR LOCATION RI: INCLUDED ON THE AGENDA TO ASSIST THE MEMBERS IN LOCATING THE VIOLATIONS. '1'111: SECRETARY ASSURED HER THAT IT WOULD, NOT PRESENT A PROBLEM. COUNCILMAN KIDD.REQUESTED THAT THE MEMBERS BE PRESENT AT Till: JUNI: 19 MEETING AT 7100 P.M. TO. REVIEW TIIV PROCEDURES. THERE. BITING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED Al 10:43 P.M. APPROVED TIIIS_-DAY OF CIFAIRMAN 1t 1 y SECRI: ' R CODE ENFORCEMENT BOARD REGULAR MCE71NG MAY 22, 1986 PAGE 5 OF 5 PAGES 0 0 CODL rNFORI:'EMI:N9' HOARD REGUI.All MI:171NO APRIL 1". 1986 A REGULAR MEETING OF THE CODE ENFORCEMENT HOARD WAS HELD ON APRIL 17, 1986,AT CITY HALL, 105 POLK AVENUE,: CAPE CANAVERAL, FLORIDA. CHAIRMAN ROBERT 11000 CALLED THE MEETING TO ORDER AT TOO P.M. Till: SECRETARY CALLED TIIE ROLL. M EMBERS PRESENTt ROBERT 11000 CHAIRMAN JEFF KIDD VICE CHAIRMAN' DONALD ARABIAN MARY HARTDEQF.N - GEORGE HUTCHINSON MARY RUSSELL. CIARLESSTENGLEIN — ROY MOELLER FIRST ALTERNATE NI EMBERS A08ENTs ELIZABETH LAROCCA SECOND ALTERNATE. OTHERS PRESENT: JAMES THERIAC CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL JEFFREY ECKLEY CODE ENFORCEMENT OFFICER EVELYNl1UTCIIERSON SECRETARY CHAIRMAN 11000 READ THE STATEMENT OF PROCEDURES FOR TIIE CODE.. ENFORCEMENT BOARD. .. MR. KIDD, MOVED TO APPROVE THE MINUTES OF THE MARCH 20, 1986. MEETING. MR. HUTCHINSON SECONDED MOTION. MOTION. PASSED UNANIMOUSLY. THE NEXT MEETING DATE WAS SET FOR MAY 22, 1986. CHAIRMAN H000 RECOMMENDED THAT. ITEM 1 UNDER NEW BUSINESS HE 'C.AKL'N OUT OF ORDER SINCE SOME. OF THE. CASES ON THE AGENDA WERE PROCESSED IN ACCORDANCE WITH TIIE RULES. AND PROCEDURES. ADOPTED. AT A SPECIAL MEETING. NIAV BUSINESS ITEM 1. RATIFICATION OF CHANGFS IN RULES AND PROCEDURES ADOPTED L 1-. G 996 MR. STENGLEIN.MOVED THAT THE, RULES AND PROCEDURES ADOPTED AT THE SPECIAL MEETING OF APRIL 8, 1986, BE RATIFIED. MOTION SECONDED BY MR. KIDD. MOTION PASSED UNANIMOUSLY.. COMPLIANCE HEARINGS ITEM 1, CASP. NO. 88-04.' JEFFREY L. RICH AND R.D.M.H.. INC. VIOLATION OCCUPANCYOF CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 17, 1986 PACE 1 OF 5 PAGES Nn. Pf-1", 1;1('115, CIO ,1111' 1111.11, a^uo N. ATI.ANI 1. 11, NI IIIDT. t'AI'f. (':INA\I:RAI. I'LOA - \In I. P A'1lON OSECTION S?I, Util!:i� RUSINLSS UITHOUT OCCUPATIO AI. LICENSI: ATTORNEY JOSEPH SCOTT EXPLAINED THAT, TO TIIE REST. OF Nis KNOWLI:DGE, THE ONLY ITEMS REMAINING TO HE DONE FOR Tilt CERTIt'ICA'11: OF OCCUPANCY WERE TWO EMERGENCY LIGHTS AND TWO HANDICAP PARKIN(, SIGNS. LIE NOTED THAT BIR, RICH HAD THE MONEY TO REIMBURSE THE CITY FOR OUTSTANDING PERMIT.. FEES AND 1115 OCCUPATIONAL LICENSE. MR. .SCOTT REQUESTED AN. ADDITIONAL TWO WEEKS TO COMPLY, SIR. TIIERIAC SWORE IN JEFFREY ECKLEY: MR. ECKLEY SUBMITTED EXHIBIT "A", COPY OF INSP17CTION REPORT PERFORMED ON APRIL IS, 1886, AND EXHIBIT "II", A MEMORANDUM OUTLINING THE FEES. DUE TIIE CITY. FOLLOWING A DISCUSSION, SIR. ARABIAN MOPED TO GRANT JEFFREY RICH AN, EXTENSION UNTIL. MAY 1, 1880. TO COME INTO COMPLIANCE. MR. .KIDD SECONDED MOTION. MOTION PASSED UNANIMOUSLY.. - ITEM 2. CASE NO 86-05' MYRTLE P. BOND AND N'i1.LIAfii QUERRY. %101,ATION OF STANDARD HUIt. NNc COD t CHAPTER II SECTION 101. OR ;: c., oC. 0 .0., LOT q.EAR G A .. 69306 � RBAGE AND THASH I:MO\A. SEI. 1A \P J 3 O T:N'S S 'IS 880 NORTII ATLANTIC 5111. ECKLEY RI?PORTED THAT MR. QUERRY HAD, OBTAINED A PERMIT FOR R I:hl0\'ING THE TRAILER AND, EVEN THOUGH THE WORK HAD NOT BEEN COMPLETED, THEY HAVE MADE A GOOD FAITH EFFORT TO'COMPLY. 'MR. QUERRY HAD ATTEMPTED TO FIND SOMEONE TO HAUL THE VEHICLE PARTS AND 1'111: REMAINDER OF TIIE TRAILER; HOWEVER TO THIS DATE HE HAD NOT BEEN SUCCESSFUL. lit PLANS TO REBUILD THE CONCRETE STRUCTURE. FOLLOWING A DISCUSSION ON THE AMOVNT.OF. TIMEAT WOULD TAKE TO REBUILD THE STRUCTURE, ATTORNEY TIIERIAC SWORE IN MR. ARTIS GUNN. SIR. (;UNN ESTIMATED THAT IT WOULD TAKE APPROXIMATELY TWO WEEKS TO REPAIR THE .STRUCTURE. MR. ;GUNN FURTHER NOTED THAT MR.QUERRY HAD BEEN ADVISED THAT A SET OF CONSTRUCTION DOCUMENTS WOULD BE REQUIRED. MR. QUERRY HAS NOT COMPLIED, NOR HAS HE REQUESTED AN EXTENSION. MR. ARABIAN MOVED THAT CASE NO. 86-05 BE FINED TEN .DOLLARS (410.00) PER DAY STARTING IN TWO WEEKS,. EXCLUDING THE REPAIR. MRS. RUSSELL SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWS! IN FAVOR; SIR. ARABIAN, MS.' HARTDEGEN AND MR. HOGG; OPPOSED, MR.. KIDD, MR. HUTCHINSON, MRS. RUSSELL, AND SIR.. STENGLEIN, MOTION FAILED, THE DISCUSSION CONTINUED ON THE REPAIRS NECESSARY :CODE ENFORCEMENT BOARD REGULARMEETING APRIL 17, 1886 PAGE 2 OF 5 PAGES Iti \LORI: 'IIIc S,I'Ru•URI: SAI'I:. MR. ARABIAN. N101,1U TIIAT I'll: TRASH IIE � LI.ANI:D CI' 11)' MAY 1, I98r OR A I'INV IN 9'111: AMOI'NT OI' 1TN DOLLARS 15111.001 PER DAY HE IMPOSED HI:GINNINC, MAY 2, 1986. MR. IIOOG SECONDED MOTION. MOTION PASSED UNANIMOUSLY SIR.KIDD MOVED THAT MYRTLE BOND AND WILLIAM QUERRY BE FOUND IN VIOLATION OF SECTION 901 AND HE BROUGHT INTO COMPLIANCE BY MAY. 14, 1980, OR, A FINE IN TI)G AMOUNT OF FIFTY' DOLLARS' 1850.00) PER .DAY Willi, IIE IMPOSED STARTING MAY 15, 1986- MOTION SECONDED BY MRS. RUSSELL. MOTION PASSED UNANIMOUSLY. ' ITEM 9. CASE. NO. 80-13 REACH MUSIC COMPANY A C/OANAVE DURDFA Nlel THEE 80 N 11 TICS 1' 9'IIOL'T VIIDA 1. OCCC IC Will. F.CKLEY REPORTED THAT HE HAD NOT BEEN CONTACTED SINCE Till: LAST NOTICE. THE TELEPHONE WAS STILL IN SERVICE AND THE SIGN ON THE DOOR HAD NOT BEEN .REMOVED, AIRS. RUSSELL'. MOVED THAT CASE NO. 86-13, BEACH MUSIC COMPANY, CIO. DUNDEE WEATHERFORD, HE GIVEN UNTIL THE CLOSE. OF BUSINESS APRIL 25, 1986, TO OBTAIN AN OCCUPATIONAL LICENSE OR BE FINED ONE HUNDRED DOLLARS (8100) PER DAY EFFECTIVE APRIL 26, 1986, AND CONTINUI: I NTIL THE ACCUMULATED CHARGE REACHES FIFTEEN HUNDRED DOLLARS 01,50111, AT NIIICII TIME THE CITY ATTORNEY SHALL FILE SUIT FOR INJUNCTIVE, RELIEF. MOTION SECONDED BY MR. KIDD. MOTION PASSED UNANIMOUSLY. ITE51 4. CA5F. NO.86-I9 SOUTIILRN GENERAL CONTRACTORS. CIO THOMAS FAV Lot U&- VI ' A I O SLA TIC �1VF. IN C US SSNN' TROUT O .CL KI A ., .NS tTEP15. CASE NO 88-31 CHUCK'S NEEDING. cI0 CHARLES M. &ARR�K .500 G. D GIN, WITHOUT OL7U V rA I lum AC. MR. ECKLEY REPORT THAT, CASES NO. 86-19 AND NO. 86-11 ' WERE IN COMPLIANCE. PUBLIC HEARING ITEM 1. CASE NO. 86-24 ATLANTIC HEACH CA INC.. CIO RONALD C. MOOR)E 1 CC. S: MR. ECKLEY REPORTED THAT ATLANTIC REACH CAB DOES NOT HAVE A CURRENT CERTIFICATE OF PUBLIC CONVENIENCE AND HAVE NOT.SUBM11TED PROOF OF INSURANCE. 'MR. JAMES MEEKS WAS SWORN 1N. UPON BEING QUESTIONED BY ATTORNEY THERIAC, HE STATED THAT HE HAD WITNESSED ATLANTIC BEACH ('AH COMPANY DOING BUSINESS WITHIN THE CITY OF CAPE CANAVERAL. MR. MEEKS CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 19. 1960 PAGE 3 OF 5 PAGES MIN REQUIRED '10 ONTAIN A CERTIFICATE OF PUBLIC ('ON1'I:NII:N('I: fOR , \NA1,FRAL CAB COMPANY. LIR. KIDD MOPED TIIAT CASE NO. 84-2f,, AT'LANTR' 11 :ACII CANS, INC., REFOUND IN VIOLATION OF SECTION 721 AND BE GIVEN UNTIL MAY 22, 1986, TO COME INTO COMPLIANCE. MOTION SECONDED BY SIRS. RUSSELL. MOTION PASSED UNANIMOUSLY. ITEM 2. CASE NO. 88-28 UNI UEGIFTS AND GREETINGS MICHAEL H. 0 ORT 1CA C A ., RFL UNK RU A= TIU AVENUE. ITEM 3. CASE NO.. 86-26 LEON NEWMAN 7001 NORTH ATLANTIC AVENUE.. SUITE 130, CA KAL FLURIDA MR. ECKLEY REPORTED THAT ITEMS 2 AND 3 WERE IN COMPLIANCE. ITEM 4. CASE NO. 88-27'VIOLATIOK OF SECTION 675.10 STORAOO OF BUNK Y :IIICL :S .0 8 8. 7 (.14 AIN EIIICLES 1. GRAY CHEVY TRUCK WITH TOPPER (2) DOOR 100 BLOCK OF ORTH SIDE. 2. BROWN FORD GRANADA, NI DOOR, 276 POLK AVENUE 3.YELLOW FORD TRUCK. (2) DOOR. 350 TAYLOR AVENUE i,. BROWN FORD TRUCK (2) DOOR 300 BLOCK FILLMORE A1'I:NUI:, NORTH MR. ECKLEY REPORTED THAT THE ABOVE ,VEHICLES .. WERE IN COMPLIANCE. A GENTLEMAN IN THC AUDIENCE STATED THAT THE YELLOW FORD TRUCK WAS NOT LICENSED. MR. ECKLEY REPORTED THAT THEOWNER OF THE VEHICLE HAD ASSURED HIM. THAT THE VEHICLE WOULD BE LICENSED OR REMOVED' NO LATER TTIAN MAY 22, 1986. THE BOARD CONCURRED THAT 'MR. ECKLEY HAD THE AUTHORITY TO GRANT AN EXTENSION WITHOUT BRINGING THE MATTER TO. Till: HOARD. ITEMS. CASE NO. Bfi-28. EDI1'iN D. MacLUCKIE- VIOLATION OF SECTION 671.0". COD. S:- O A C ION 922.3 1 G .O S LC. 5 TIC 24 11 00 OMSIERC L WI MR ECKLEY REPORTED THAT SIR. MocLUCKIC WAS IN COMPLIANCE. 1TES16. CASE NO. 86-29 VIRGINIACONSTRUCTION AND SIGN COMPANY. C/O . iY SACK - VIOLATI O 50MV, blU N CODE SIR. GUNN EXPLAINED THAT THE SIGN HAD PREVIOUSLY BEEN PERMITTED BY THE STATE AND WAS LOCATED NORTH OFITS PRESENT LOCATION. HOWEVER, ONCE THE SIGN WAS RELOCATED IT FELL UNDER THE GUIDELINES OF AN OFF -PROMISES SIGN IN ACCORDANCE WITH SECTION 653.06(G) AND 653.081AR1) AND WAS NO LONGER PERMISSIBLE. 'MR. KIDD'.MOV'ED THAT CASE' NO. 86-28, VIRGINIA CONSTRUCTION AND SIGN COMPANY, HE, FOUND IN VIOLATION OF SECTION 653. SIGN CODE, AND BE BROUGHT INTO COMPLIANCE BY MAY 15, 1986. MR. HOOG SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 17, 1986 PAGE 4 OF 5 PAGES 0 0 I'f l:hl 7. CAST: NO. eG-^!4 IIaRBOH OAKS f11:\I:I,oP%II.NT CORPORA.""" ION O' SEC'EION fi58.04 - 51G CO) .. MR. I:CKLEY REPORTI:D THAT THIS CASE WAS IN COMPLIANCE. ITEM 8. CASE NO. 86-71 HENRY A. LEMERISECC/R/A DESIGN AIR - VIOLATION CiiT( f (�Si� 0 MR. ECKLEY EXPLAINED THAT THE 'ADDITION WAS BEING USED PRIOR TO SINAI. INSPECTION AND WITHOUT A CERTIFICATE OF OCCUPANCY, MR. KIDD MO%ED 'I HAT CASE NO. 86-71, HENRY LEMERISE, BE FOUND IN VIOLATION OF SECTION CI:RIVICATE Of OCCUPANCY, AND RE BROUGHT INTO COMPLIANCE, OR APPEAR AT THE MAY 22, 1886 FOR THE COMPLIANCE HEARING• MRS. RUSSELL SECONDI:U MOTION, MOTION PASSED, UNANIMOUSLY. SETTING CASES FOR HEARING ITEM I. DIAMOND OINNY'S Cf0 JIM MtlRGAN - VIOLATION OF STICTION MR. ECKLEY STATED THAT BIR. MORGAN HAD NECEIVED THE PROPER NOT1C1"S AND THE SIGN WAS STILL IN PLACE, ?,JR. "DD MOVED THAT _THIS ITEM BE SET EOR PCRLIC HEARING ON MAY 22,1986- MOTION. SECONDED NY NIRS. RUSS[:LT.. MOTION PASSED UNANIMOUSLY. AT THIS TIME, ,MR. ECKLEY INTRODUCED MR, ROBERT F.NDER, 1%110 IS NORKING FOR THE CITY AS A CODE ENFORCEMENT OFFICER,. HE NOTED THAT M It. ENDER WOULD ALSO BE ATTENDING FUTURE. MEETINGS. THERE BEING NO FURTHERRUSIN F.SS,'. THE MEETING WAS ADJOURNED AT Iu:A6 P.M. APPROVED THIS � �&JDAY OF��%�Q.f.��—' 1886, FI:CHLT RR CODE ENFORCEMENT BOARD ITNG AREGULAR RIL 17R 18866 PAGE 5 OF 5 PAGES CODE 1'.NFOIICEM ENT BOARD SPE('IAI. MEETING APRIL 3. 1996 \ SPLCIAL MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON •,'Ilii. a. 1985, AT CITY HALL, 105 POLK .AVENUE, CAPE CANAVERAL, FLORIDA. ' it \BRIAN AGOG CALLED THE MELTLNO TO ORDER AT 705 P.M. THE SECRETARY MAID TIIE ROLL, '.ilMliA:RS PRCSENTI BOR1:1IT AGOG CHAIRMAN JIFF KIDD VICECHAIRMAN DONALD ARABIAN •IAHV IIARTDEGEN tA:ORGE HUTCHINSON MARY RUSSELL f'IIARLI:S STENGLEIN, ER FIRST'ALTf.ANATE I'.Id%AIICTH BOY SETH LAROCCA , SECOND ALTERNATE n I II I:IIS 1'RI:SCNTI PATRICK LI:G, MAYOR .IAMCS THERIAC CITY ATTORNEY ARTIS GVNN BUILDING OFFICIAL. JEFFHI:Y ECKLEY CODE ENFORCEMENT OFFICER EVELYN HUTCHERSON SECRETARY: . S l.11 ISl'SINESS PI'{:51 I. MOTION REI CHANGING BOARD PROCEDURES ATTORNEY THERIAC REVIEWED THE PROPOSED NOTICE (COPY ATTACHED SND MADE A PART OF THESE MINUTES). HE, EXPLAINED. THAT THIS NOTICE II \II JAURYTHING REQUIRED TO MEET THE STATUTE. HE RECOMMENDED THAT tlil. RCSPONDENT BE GIVEN THREE DAYS To COMPLY. IF THEY DO NOT COMPLY, IIIE DATE, TIME AND PLACE OF THE HEARING IS INCLUDED IN THE NOTICE. m Its. HUBBELL RECOMMENDED THAT THE .LAST. TWO SENTENCES BE REVERSED. ATTORNEY THERIAC RECOMMENDED THE FOLLOWING CHANGES IN THE I'It Ot'CDl'RCS. It. 1:,LQ ;ORUM - FIRST LINE SHOULD HE CHANGED TO READI "A QUORUM OF 1111: IIOARD SIIALL CONSIST OF AT LEAST FOUR (4) MEMBERS.—' ADD NEW PARAGRAPH "F" AND RE -LETTER PARAGRAPHS "F", "G" AND '11". 1'. ALTERNATE MEMBERS, VOTING. RIGHTS - IN THE ABSENCE OF A REGULAR HOARD MEMBER FROM AN OFFICIAL BOARD MEETING, THE FIRST. ALTERNATE BOARD MEMBER SHALLASSUME ALL DUTIES, OF THE ABSENT REGULAR. MEMBER, INCLUDING THE. RIGHT TO VOTE ON ANY MATTER BEFORE THE BOARD AT THAT MEETING. 'CODE ENFORCEMENT BOARD SPECIAL MEETING APRIL 3. 10" . PAGE I OF 2 PAGES Ii '1 I•,n nit MOltU It ECt'1. AIt BOARD ME %I BERS AltE ABSENT rROM AN 01'1 -I( -IA 1. lIoXHI) MEETING. lift: SECOND AI.l'LRN.AI'I: MEMBER SIIALI, ASSUME. AIA, UUIIES OF AN ABSENT REGULAR MEMBER, INCLUDING Tilt. RIGHT TO VOTE ON MATTERS BEFORE THE BOARD AT THATMEETING. IN TIIE ABSENCE OF THE FIRST ALTERNATE BOARD .MEMBER FROM AN OFPtCIAL BOARD MEETING, THE SECOND ALTERNATE BOARD MEMBER SHALL ACT IN THE PLACE OF THE FIRST ALTERNATE, INCLUDING THE RIGHT TO VOTE ON MATTERS BEFORE THE BOARD AT THAT MEETING IF A REGULAR MEMBER IS ALSO ABSENT ATTHAT MEETING. SECTION \'I. ADD NEW ITEM 3 AND RENUMBER ITEMS 3-8.' 3. READ STATEMENT OF PROCEDURES. SECTION \'IL CHANGE PARAGRAPH "A" TO READt A. .ALL ACTIONS BEFORE TIIE BOARD SIIALI, BE INITIATED BY A CODE INSPECTOR FILING A NOTICE OF ORDINANCE/CODE.VIOLATION WITH THF. SECRETARY OF THE BOARD. B. fill: NOTICE; SHALL BE IN TIIE FORM ATTACHED .HERETO AND SIIALI. GIVE. THE ALLEGED VIOLATOR THREE. DAYS TO CORRECT. THE VIOLATION. THE NOTICE; SHALL .SPECIFY. THE TIME FOR HEARING BEFORE THE CODE ENFORCEMENT BOARD IN TIIE EVENT THE VIOLATIONS ARE NOT CORRECTED. DELETE PARAGRAPHS"(:" AND "D." ADD NEW PARAGRAPH "B". NUIXTE SECTION. IX. RENUMBER SECTION X. V It. STENGLEIN MOVED TO APPROVE THE NEW NOTICE FORM AND Tile CHANGES IN Till: PROCEDURES AS PRESENTED. MR. KIDD SECONDED MOTION. .MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS,THE MEF"1'iNG WAS ADJOURNED AT 7336 P.M. APPROVED THISaar DAY OF rR03ER s� -� ux, Lt ELY�I7TCITERSON,, SECRUTART CODE ENFORCEMENT BOARD SPECIAL MEETING APRIL 3, 1986 PAGE. 2 OF 2 PAGES 0 NOTICE OF ORDINANCE/CODE VIOLATION CORRECTIVE ACTION REQUIRED TIME FOR COMPLIANCE NOTICE OF HEARING TO: Our records Indicate that you are the owner of the following described propertyt You are In violation or section T_sof the Cape Canaveral Code of Ordinances, copy attached. This violation can be corrected by performing the followings If. the corrective action is completed by. 'no.further action will be taken. If the corrective action is not completed by then this case will be hoard by the Code Enforcement Board of. the .City of Cape Canaveral which will hear this caseon at 7t20 p.m. oras soon thereafter as possible, at Cape Canaveral City Nall at 105 Polk Avenue, Cape Canaveral, Florida 32920. . You may have an attorney, at your expense, represent you before the Code Enforce- ment Board. Failure to comply with an Order of the Board can result In imposition Of a fine of up to $250.00 a day end the filing of a ileo against your property.., CODE ENFORCEMENT OFFICER TIME= DATE: ATfACtmW TO NDUPEs OF CODE UEa4n3' ;r Bamo SPIlM 1,110I LNG APRIL 3, 1986 C` CODE VNFORCENILN'IBOARD REGULAR MCETING MAR (711 211, 1986 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON '.I,%R(-H 20, 1986, AT CITY IIALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. (-IIAIRNIAN ROBERT HOOG CALLED THE MEETING TO ORDER AT Tt30 P.M. Till: SECRETARY CALLED THE ROLL. MEMBERS PRESENTt ROBERT 11000 CHAIRMAN - JIFF KIDD ' VICECHAIRMAN DONALD ARABIAN GLORGE HUTCHINSON MARY RUSSELL CHARLES STENGLEIN ROY MOELLER FIRST.ALTERNATE ELIZABETH LAROCCA SECOND ALTERNATE.. 1I1:!IIII:RS ARSI:NTt NIAHV HARDEGEN - u'1111:R5 PRESENTt JAMES THERIAC CITY ATTORNEY ARTIS GUNN' `BUILDING OFFICIAL JI[FFREY ECKLEY CODE ENFORCEMENT OFFICER IA LLYN HUTCHERSON SECRETARY CHAIRMAN 11000 READ THE STATEMENT OF PROCEDURES FON TIIE CODs: TNI'ORCEFIFFIT BOARD. AIR. KIDD MOVED TO APPROVE TIIE MINUTES OF TIIE MEETING OF FEBRUARY 7u. 1986'. MR. HUTCHINSON SECONDED MOTION. 'MOTION PASSED UNANIMOUSLY. THE NEXT MEETING DATE WAS SET FOR APRIL 1T, 1986. : COMPLIANCE HEARINGS ITEM 1. CASE NO. 86-20 CAVERAL. CAB COMPANY 8701 N. ATLANTIC A ANC 9.9 MR. THERIAC SWORE IN MR. .HOWARD .COULD AND MR. JEFFREY ECKLEY. MR. ECKLEY OUTLINED THE 'CHARGES AND STATED THAT HE HAD PICTURES OF 'Pili: Y'EIRCULAR USE AREA IF ANY OF THE MEMBERS WOULD LIKE TO SEE THEM. MR. GOULD ADVISED THE BOARD THAT HE HAD A MAP OF THE AREA AND EXPLAINED THAT THE BUILDING WAS BEING USED AS A NURSERY IN 1960 AND THAT, ACCORDING TO HIS CALCULATIONS, THE AREA CONTAINED A PARKING AREA FOR TI IIRTY—FIVE CARS. HE CALLED THE BOARD'S ATTENTION TO SECTION 698.01, INTENT. AFTER READING EXCERPTS FROM THIS SECTION,' MR. GOULD CONTENDED THAT THE PROPERTY IS STILL BUNG USED AS. COMMERCIAL AND IT SHOULD BE CONSIDERED "NON -CONFORMING." A DISCUSSION FOLLOWED. ATTORNEY THERIAC CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 20, 1986 PAGE. I OF 6 PAGES 0 0 �kMIIV IN MR. (CNN. %III. GUNN QUOTED SECTION 1143,07, AJ., NPN-CoNl'olf'll?:G ISIS Of LAND AND 8.3., NON -CONFORMING. L'SI.S OF STRIP"LURES AND PRIXISLs IN C(MIBINATION. 111'. NOTED FOR Till: RECORD THAT CANAI9:RAL CAR COMPANY IIAD REEN CITEDFOR THE INCREASED NUMBER OF PARKING SPACI:S REQUIRED. Till: DISCUSSION CONTINUED. ATTORNEY THERIAC POINTED OUT THAT 7111: ORDINANCE REQUIRING PAVING OF VEHICULAR USE AREAS WAS ADOPTED IN 11175, AND CANAVERAL CAD COMPANY,CAME INTO EFFECT. BY LICENSING ON JUNE 39, 11177. Ill: ADDED TIIAT THERE IS A LETTER ON FILE PROM ATTORNEY SCOTT STATIN(; TIIAT THEY WERE AWARE 'OF,THE VIOLATION. AND THAT THEY WOULD YORK El OUT. .ATTORNEY TIIERIAC ADVISED THAT THE VIOLATION HAD ALREADY BEEN DCITRMINED, TBE VIOLATION WAS NOT CORRECTED WITHIN THC TIME SPECIFIED IN Tiff: ORDER, AND THAT THIS, WAS THE COMPLIANCE HEARING. MR. ARABIAN %IOY1:D THAT CASE. NU41HER 95-20, CANAVERAL, CARCOMPANY DE FINED Tl%I:NTA'—FIVE DOLLARS 1$25.00) PER. DAY, EFFECTIVE MARCH 21, 1996, FOR NON—COMPLIANCE WITH SECTION 639.49. MR. KIDD'SECONDED MOTION. Pill, %]OI:LIXR INQUIRED IF THE PROPERTY OWNER WAS ALSO TO BE CITED FOR TDI: %IOLATION. CHAIRMAN IIOOG ADVISED. THAT CANAVERAL CAB COMPANY WAS Till: 1'IOLATOR AND THE PROPERTY OWNER WAS THE OVERSEER. MOTION PASSED UNANIMOUSLY. ITEM 2. CASE N, 56-3 Y101.ATION OF StION675.{9 STORAGE OF JUNK Y. 1 VEHICLES -S{ S s .. 6 39.3 C N MR. ECKLEY REPORTED THAT ITEMS 5, 15, 17 AND 23 HAD BEEN REMOVED OR II.A%T BEEN BROUGHT INTO COMPLIANCE. 4. RED FORD PICK -Up. PALMS EAST, BUILDING ^L" CA ROI ING STREET MR. ECKLEY PRESENTED EVIDENCE ON THE VEHICLE STATING THAT THE %1:111CLE DOES ,NOT RUN ;AND IS NOT LICENSED. THE PROPERTY OWNER HAD MADE. A RRANGEOIENTS TO HAVE VEHICLE STORED UNTIL HE HAD IT REPAIREDI HOW'EV'ER, I'll 1: %FIRCLE IS STILL THERE. SIRS. RUSSELL MOVED THAT THE RED FORD. PICK—UP, 121 DOOR, AT PALMS EAST, ON CAROLINE STREET, HE FOUND IN VIOLATION OF SECTIONS 675.19 AND 639.37 AND THAT THE VEHICLE BE TOWED, MONDAY, MARCH 24. 199fi. MR. KIDD SECONDED MOTION. MOTION PASSED UNANIMOUSLY. 10. GREEN DATSUN F-10(2) DOOR 247 CANAVERAL BEACH BOULEVARD MR. ECKLEY STATED THAT THIS VEHICLE HAD BEEN ABANDONED AND HAD. NO CURRENT LICENSE PLATE. MR& RUSSELL MOVED -TIIAT THE GREEN DATSUN F-10 PARKED AT 247 CANAVERAL BEACH BOULEVARD,. BE FOUND IN VIOLATION CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 29, 1966 PAGE 2 OF PAGES 0 0 OI- SI('IIONS 675.19 ANI) 699.37 AND TIIAT Till: CL'IHCLI: 111: TOIVI:D ON sN7NU\Y. tl \Rrll ^a, 19H6. +IR. KIDD SECONDED MOTION. MOTION PASSI:D VmANIM0USI.Y. 18. RI:DC'HRO'SI.I:R CORDOUA (2) DOOR, 29111 1ANDLER STHrET sit. ECKLEY STATEDTHAT THURC HAD BEEN NO ACTIVITY SINCE THE FIRST NOTICE. MRS. RUSSELL MOVED THAT THE RED. CHRYSLER CORDOBA, PARKLD AT 290 CHANDLER STREET, BE FOUND IN VIOLATION OF SECTIONS 675.19 AND 639.37 AND THAT THE VEHICLE BE TOWED ON MONDAY, MARCH 24, 1986. AIR. KIDD SECONDED MOTION. MOTION PASSED UNANIMOUSLY. PUBLIC HEARING MR. ECKLCY REPORTED THAT ITEMS NO. 4, A. S. 7, 8, 11, 12, 6, 14, 15, 19 ANO 29 U LRE IN COMPIAANCtw ATTORNEY THERIAC RECOMMENDED THAT 'ITEMS .I 'AND 9 HE HEARD '1061.TB LIt. 911:11. CASE NO. 86-04, JEFFREY L. RICH AND R.D.M.11 INC. VIOLATION O S 844.1 CERTIFICA PA C 'OUR ITEM 9. CASE NO. 86-12 RICH'S c10 JEFF'RICtI 8200 N. ATLANTIC AYENI'l:, C E C NAl'ER LORIDA 1 Ot. TIO OP h ; -110N 721 DOING USIN .SSi0 T CCU ATIO AL .IC 'NS ATTORNEY SCOTT, REPRESENTING MR. RICH ON ITEMS I AND 0, ACKNOWLEDGED THAT THEY WERE IN VIOLATION AS SPECIFIED.' HE STATED THAI' 'I HEY HAD HAD A DISPUTE WITH THE CITY FOR SOME TIME AND THAT IT HAD BEEN NARROWED DOWN THROUGH CONFERENCES WITH THE CITY OFFICIALS WHEREBY THERE IS APPROXIMATELY $3,900 OWED TIIE CITY. HE REQUESTED. THAT TIIET' [it] GIVEN UNTIL THE NEXT. CODE ENFORCEMENT BOARD MEETING TO CLEAR UP TIIE MONIES DUE AND THE OTHER MATTERS REQUIRED. A DISCUSSION FOLLOWED REGARDING TIIE COMPLIANCE DATE, SIR. GUNN OUTLINED TIH1 NECESSARY STEPS TO OBTAIN A CERTIFICATE OF. OCCUPANCY. MR- KIDD MOVED THAT PIR. JEFFREY 1.. RICH BE FOUND IN VIOLATION OF SECTION 645,07, CERTIFICATE OF OCCLPANCY It EQVIRED, AND SECTION 721, DOING BUSINESS WITHOUT AN OCCUPATIONAL LICENSE .AND THAT HE MUST or IN COMPLIANCE' BY APRIL 16, 1886. AIR. STENGLEIN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. SINCE A REPRESENTATIVE FOR ITEM 2 WAS NOT PRESENT, THE CHAIRMAN RECOMMENDED THAT ITEM 3 BE HEARD AT THIS TIM£. ITEM 3. CASEO. B6 -CHARLES AND NANCY BAMFORD VIOLATION OF CM ONN .r.!3'- C R H TCK 34 AA 8 C. 7 I 2 GL J7 TO ? ATTORNEY THERIAC SWORE IN .AIR. CHARLES BAMFORD AND SIR. CHARLES I.I:INDECKER. AIR. ECKLEY PRESENTED THE CASE AND EXPLAINED TO THE BOARD CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 26, 1986 PAGE 3 OF 6 PAGES 0 0 111 \ I 'Illi" 'I %%0 PARTN:S COVI.D NOT REACH A 'It TUAL ACTIVEMENT AS 'IO 1111- I \II.Ni 1III:'1111:1:5 SHOULD III: 1111MAILD. AIR. 11\`11'01111 S'IAILD TILT ill: IINP lltl`.L'.I f.0 Till: TREES, AT. AIR. I.11NDCCKF.R'S REQUEST, BUT THAT Alit. LI:INUI:cRI: it t%AS NOT SATISFIED. HE ALSO CONTACTED FLORIDA POWER AND LIGHT COAIP.AN1 AND W.AS ADVISED THAT THEY WOULD DISCONNECT THE ELECTRICITY BUT Till 'IltIA:S WOULD. HAVE TO HE CUT BY THE OWNER. .AIR. BAMFORD .PRESENTED PICTURES OF THE TREES UNDERDISCUSSION.. AIR. LEINDECKER INSIST17D THAT' 'fill: TREES WERE DEAD OR DYING AND THAT THEY. POSED A THREAT TO Ills PROPERTY. HIE ALSO PRESENTED PICTURES. FOLLOWING A DISCUSSION ON Till: TREES, MR. BAMFORD STATED THAT NEITHER OF THE TREES BEING DISCUSSED 1%lAll; ON HIS PROPL'RTYI ONE TREE IS ON .COMMON PROPERTY TO THE COMPLEX AND Till: OTHER TREE IS ON SOMEONE ELSES.PROPERTY. IT WASTHE CONSENSUS 01' Till: BOARD THAT THERE WAS NO NUISANCE VIOLATION AND THAT IT WAS A Call. PROBLEM WHICH COULD NOT HE ADDRESSED. BY THIS BOARD. MRS. RV581:0. `JOVE) THAT ITEM NO. 3, CHARLES, AND NANCY BAMFORD, CHARGED WITH 110LATION OF SECTION 703.03, PUBLIC NUISANCE PROHIBITED, NOT III; FOUND IN VIOLATION. AIR. KIDD.SECONDED MOTION. MOTION PASSED UNANIMOUSLY. AT THE RI7.COA141ENDATION OF ATTORNEY THF.RIAC, ITEMS .2, 10, 36, 17, AND 18 WERE HEARD TOGETHER. ITEM 2. CASE NO. 86-05 MYRTLE F. BOND AND WILLIAM QUERRY VIOLATION OF STANDARD UI . INE CO Cil PT . ITiTSI:C..301 F' ATI )R 'OR REPAIR G 03.03 O CL IA (" AN SSC. 673.0 GA NAGE A TR SI SEC. 14, TW'P 24S : G . .OT 'TENS SU VISION, 8803 NOHTII ATLANTIC UN .E ITEM 10. CASE NO 86-13.' BEACH ` MUSIC COMPANY C/O HURDLEC A HERFORU 7000 NORTH ATLANTIC AVENUE, � CAP C A 'EltAi. FLORIDA - ' O AI RI O S [CTI )N 21DOING BUSINESS WITHOUT OCCUPATIONAL LIC ITEM 161 CASE NO. 86-18. SOUTHERN GENERAL CONTRACTORS C!O THOMAS IA 68 NORTH ATLANTIC Al' : - :.0 A ' LOI A- IF RITHOUT OCCUPATIONAL LICENSE. ITEM 17. CASE NO. 86-2tl FLORIDA FROST OF BREVARD QW;R J. BEERY. 4 tl R S Ll -VIOLATIOR or S:CTI N 771, DOINGt .0 Si. ITEM 18. CASE NO. A8-21. CHUCKS 1VF.LDING. C/O CHARLE6 AL-GARRICK. 5000BURGESS6F.I� C . A RIBA O TION OF SUCH 1. UOINU 1JUISINLIS5 1111HUUTUCCVVAT10NAL IN RESPONSE TO QUESTIONS FROM 'ATTORNEY THERIAC, MR. ECKLEY ACKNOWLEDGED THAT HE HAD PERSONAL KNOWLEDGE AND WAS FAMIUAR WITH THE REFERENCED VIOLATION& EACH OF THE RESPONDENTS, EXCEPT CASE NO. CODE ENFORCEMENT HOARD REGULAR MEETING MARCH 20, 1886 PAGE 4 Of 6 PAGES I, 11(11 IN VIOLATION A7' 7'1115 TIMI:. FLORIDA I'ROST, ('ASI: NO, FI.-i., IS NII i oN(;LI( IN IIUSINI:SS AT TITINR LOCATION ON MERRI7"1ISLAND, DUT 'TIIAT DOCS NIIT MOAN TIIAT THEY WILL NOT IJV: DOING BUSINESS IN THE CITY. THIS SL'MAIIAt. MR. KIDD MOVED THAT ITEM 2, CASE NO. 85-65, MYRTLE BOND, AND WILLWI nCURRY BI: FOUND IN. VIOLATION OF THE STANDARD BUILDING CODE, CHAPTER III, SECTION 301 AND SECTION '673.06 OF THE CITY: COM ITEM 10. CASE NO. 86-13, III:ACII MUSIC COMPANY, VIOLATION OF SECTION 7211 AND ITEM 16, CASE NO. 86-19, SOL'TIICRN GENERAL CONTRACTORS, VIOLATION OF SECTION 721, BE FOUND IN 1IOLATION AND BE GIVEN UNTIL APRIL 17, 1986, TO COMPLY. MR. 11000 SECONDED moT1ON. FOLLOWING A DISCUSSION ON ITEMS 17 AND 18, MR. KIDD AMENDED HIS MOTION TO INCLUD17 ITEM 18, CASE NO. 86-21, CHUCKS WELDING, VIOLATION OF SECTION 721, DOING BUSINESS WITHOUT AN. OCCUPATIONAL LICENSE. MR. IIOOt; SC('ONI)I:D AMENDMENT. THE AMENDMENT PASSED UNANIMOUSLY AND THE MOTION PASSED UNANIMOUSLY. .MRS. RUSSELL MOVED THAT CASE NO. 86-17 DI: TABI.I:D UNTIL Till'. SUMMER. FIR. 11000 SECONDED' MOTION. .MOTION PASSED UNANIMOUSLY. SI:TT'INC! CASES FOR HEARING ITI:M 1. VIOLATION OF CHAPTER 721 - DOING BUSINESS WITHOUT OCC A 1. ATLANTIC BEACH CABS INC. C/O RONALD C. MOORS 1,42 NORTH - COA W AC 1.0 2. L'NI UE M! RT AND GR EIMINOS CIO AtIC11AEL N. BURCON 8010 ORTI. C AVC P CA A 'C LORI A 3. I.hON NEWMAN 7001 NORTH ATLANTIC AVENUE. SUITE 130 CAI'I: CVERAL FLORIDA IT'131 2. VIOLATION OP SECTION 675.19. STORAGE OF JUNfi VEHICLES AND 'CTIO 639. N , A ,E C , A 'IMm'LLb i. GRAYC.HCVY TRUCK WITH TOPPER (2) DOOR. 100 BLOCK OF 71171.117" 'F. jr, NO 2; BROWN FORD GRANADA 14) DOOR 276 POLK AVENUE 3. YELLOW FORD TRUCK. (2) DOOR. 350 TAYLOR AVENUE 4. BROWN FORD TRUCK. (2) DOOR 300 BLOCK FILLMORE AVENUE, N R grW ITEM'1 AND 2'WERE ADDRESSED TOGETHER. MR. GCKLEY RESPONDED TO QUESTIONS FROM ATTORNEY THERIAC STATING THAT HE HAD PERSONAL KNOWLEDGE THAT ITEMS I AND Y WERE IN VIOLATION OF THE CITY CODE OF ORDINANCES WITH THE EXCEPTION OF ITEM 2, (1), THE GRAY CHEVY TRUCK WHICH BAD BEEN REMOVED. MR. KIDDMOVED THAT ITEM 1, (1), (2) AND (3), VIOLATION' OF SECTION ,721, DOING BUSINESS WITHOUT OCCUPATIONAL LICENSE, AND ITEM 2. (2), (3) AND (4), VIOLATION OF SECTION 675.19, STORAGE OF JUNK VEHICLES; AND CODE ENFORCI:AIC.NT BOARD REGULAR MEETING MARCH 20, 1986 PAGE 5 OF 6 PAGES 0 0 >I.1 l7ON 4139.37, PARKING AND STORAGE OP CERTAIN \'1:111('LI:S, III: SET PON PUBLIC 111. \RINI; AT TIII: APRIL 17, 1986, MEETING. AIR. ❑OOG SECONDED MOTION, MOTION P \SSI:O UNANIMOUSLY. CODE: LNFORCI:?IENT BOARD REGULAR NlEE1'IN(i F 1111RUARV 29, 1989 A REGULAR MEETING OF THE CODE ENFORCEMENT BOARD WAS HELD ON 1'I:1IRUARY 29, 1989, AT CITY HALL, 185 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN ROBERT HOOD CALLED THE MEETING TO ORDER AT 7S30 P.M. 'Till: SECRETARY CALLED THE ROLI.. MITIBI:RS PRESENTS ROBERT 11000 CHAIRMAN JEFF KIDD VICE CHAIRMAN - MARY IIARTDEGEN .:VARY RUSSELL. DONALD ARABIAN GEORGE HUTCHINSON ROY MOELLER FIRST ALTERNATE: ELIZABETH LAROCCA SECOND ALTERNATE- MI:MBI:ItS ABSENT( CHARLES STENGLEIN OTHERS PRESENTt JAMESTRURIAC CITY ATTORNEY. ARTIS GUNN BUILDING OFFICIAL JEFFREY ECKLEY CODE ENFORCEMENT OFFICER EVELYN HUTCH RSON SECRETARY CHAIRMAN HOOG READ THE STATEMENT PF PROCEDURES FOR Till: CODE I:NI'ORCE:IIENT BOARD. MS. HARDEGEN MOVED TO APPROVE THE MINUTES OF THE MEETING OF JANUARY 23, 1988.MR. ARABIAN SECONDED MOTION. J10TION PASSED UNANIMOUSLY. THE NEXT MEETING DATE WAS SCF FOR MARCH 20, 1989. COMPLIANCE HEARINGS ITEM 1. CASE NO. 85 4 MARY LOU DORSEY D.A.A. MARY AND DE£'S BOOK S O 88AILAN11C SS A , '£ O 2. DOING USINI'P 10 OCC 0 All .LICIASE MR.THERIAC SWORE IN MR. JEFFREY ECKLEY AND MARY LOU DORSRI"S DAUGHTER. MR. ECKLEY REPORTED' THAT THE BOARD HAD ORDERED THE BOOK STORE TO COME INTO COMPLIANCE BY JANUARY 31, 1959, ,AND THEY HAVE BEEN UNABLE TO COMPLY DUE TO RESTRICTIONS IN THE ORDINANCE. MR. THERIAC STATED THAT THE CURRENT ORDINANCE HAD BEEN DEEMED UNCONSTITUTIONAL AND A REVISION TO THE ORDINANCE IS BEING TYPED. A DISCUSSION FOLLOWED. MR. ARABIAN MOVED THAT THE BOOK STORE BE FOUND IN VIOLATION OF SECTION ,21 AND THAT THEY COME INTO COMPLIANCE WITHIN TEN DAYS FROM THE DATE 1'Hii NEW ORDINANCE 15 ADOPTED. BY THE CITY COUNCIL.. MR. KIDD SECONDEE) MOTION. MOTION PASSED UNANIMOUSLY. CODE ENFORCEMENT HOARD REGULAR. MEETING FEBRUARY 29, 1989 PAGE I OF 4 PAGES 0 0 1-II'.\I NO, n, CAST: NO 85-:L", %101.ATION OI' SECTION 675.19, S'IORAGIi (11 JUNK 1I:IIICLI:S: AND SIX% 639.:17. PARKING AND S'IOHACI: rij' CERTAIN \K111CIXS: - AIR. ECKLEY REPORTED THAI' ITEDIS "A". "C", "F", "G", "II", "i", "K" AND "1" HAD BEEN BROUGHT INTO COMPLIANCE. THE REMAINING VEHICLE& "B", "O", "1:" AND "J" DO NOT RUN OR DO NOT HAVE A CURRENT LICENSE. H. MULTI -COLOR CIIEVY IMPALA, (4) DOOR, SOUTH SIDE 100 BLOCK PII:RCI: WVFRUr- AIR. ARABIAN MOVED THAT THE MULTI -COLOR CIIEVY IMPALA RE FOUND IN \-IOLATION. OF SECTIONS 675.19. AND 699.97 AND THAT THE VEHICLE BE REAIO\'I:D. ",IRS. RUSSELL SECONDED MOTION. MOTION PASSED UNANIMOUSLY. D. GREEN DODGE DART (2) DOOR, 221 COLUMBIA DRIVE MR. ECKLEY EXPLAINED THAT THIS VEHICLE HAD APPARENTLY HULN ABANDONED, IT HAS. NO LICENSE, AND THE CAPE CANAVERAL SHERIFFS DEPARTMENT HAS A COMPLAINT FILED ON THE VEHICLE. MS. RUSSELL MOVIA, 'THAT TIq: GREEN DODGE DART, BE FOUND IN VIOLATION OF SECTIONS 675,19 AND 639.37 AND THAT Tilt: VEHICLE BE REMOVED. AIR. ARABIAN SECONDED MOTION. •JOTION PASSED UNANIMOUSLY. E. WRITE CIIEVY NOVA (4) DOOR EAST SIDE. OF. 8000 BLOCK OF POINSETTA q : AIR. ECKLEY STATED .THAT THERE HAD BEEN NO ,ACTIVITY. AROUND .THIS \ LHICLE. ALI.. OF TIIE. NOTICES. ARE STILL THERE AND NOTHING HAS BEEN DISTURBED. AIR. HOOD MOVED THAT. THE WHITE CIIEVY NOVA BEFOUND IN \IOLATION OF SECTIONS 675.19 AND 839,37 AND THAT THE VEHICLE BF. REMOVED. AIR. KIDD SECONDED MOTION. MOTION PASSED UNANIMOUSLY. J. NLUE CHEVY PICK-UP.12) DOOR, PARKING LOT 112-114 PIERCE AVENUE MR. 'ECKLEY 'EXPLAINED THAT 'MR. HARRIS, OWNER OF THE \'EIIICLI:, APPEARED, AT TIIE LAST MEETING AND VINDICATED HE WOULD HAVE NO pRORLEAI IN BRINGING THE VEHICLE INTO COMPLIANCE BY FEBRUARY. 14, 1986. MR. ECKLEY FURTHER NOTED THAT 71RES HAD BEEN PUT ON THE VEHICLE BUT 1T STILL DOES NOT HAVE A, CURRENT LICENSE. MRS.. RUSSELL MOVED THAT THE BLUE CHEVY PICK-UP HE FOUND IN.VIOLATION OF SECTIONS 675.19 AND 039.37 AND THAT THE \ 11HICLE BE REMOVED. MR. ARABIAN T.ECONDED MOTION. 11071ON PASSED UNANIMOUSLY, PUBLIC HEARINGS ITEM 1. CASE NO. 86-01, WAYNE T1DIV'ELL (JOSEPH LULEY ESTATE) - VIOLATION C. a.OSC C burivy J C, 2, WCATEU AT MR. ECKLEY REPORTED THAT A PORTION OF THE PROPERTY HAD BEEN SOLD TO RANDALL MAY AND, THAT A NEW VIOLATION NOTICE WOULD BE MAILED. 'CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 20,1981; PAGE 2 OF 4 PAGES 0 0 III IURTHER NOTED THAT TITCS\'11.1.1: MOWING AND LANDSCAPING NAS IN llll- I'Itot'I:SS OF CLEARING Till: REMAINDER OF THE PROPERTY TO BRING 11 INTI COMPLIANCE, NO ACTION WAS TAKEN ON THIS CASE. ITEM 2. CASE NO. 86-02.ATLANTI5 'LAND COMPANY - VIOLATION OF SECTION agrW77M-F�WT.ND OF p ,A C \ AIR. ECKLEY. STATED,. FOR THE. RECORD. THAT ATLANTIS LAND COMPANY KAS CITED FOR THIS VIOLATION IN AUGUST OF 1985. MR. THERIAC SNORE IN AIR. ARTIS GUNN. MR. GUNN REPORTED THAT ATLANTIS LAND HAD OBTAINED COST I:STINATES AND BIDS FOR Tli£ WORK AND A PERMIT APPLICATION HAD BEEN ISSVI:D. Mit. HOGG MOVED THAT ATLANTIS LAND COMPANY BE GIVEN UNTIL APRIL 20,1986- 10 0,1966.10 COMPLY WITH SECTION 703.03. 'MR. KIDD SECONDED MOTION; MOTION PASSI'D UNANIMOUSLY, ITEM 3. CASE NO. 66-03 VIOLATION OF SECTION 675.18 STORAGE AND JV NK V'E ' SEC 6 9. `E tC ..S A A S MR. UCKLEY STATED THAT ALI, OF THE vEl1ICLE$ LISTED HADBEEN RENO1'ED NI'I'll TILE EXCEPTION OF NUMBERS i, 5,'10, 15. 17, 16 AND 23 WHICH ARE IN \ III,.ATION OF SECTIONS 675,18 AND 639.37. MR. ECKLEY RESPONDED TO QUESTIONS I Ro%l ATTORNEY TIIERIAC ATTESTING TI IAT THE FACTS ARE COMMON TO ALI. II' THE VEHICLES IN THAT THEY DO NOT RUN OR ARE NOT LICENSED, AIR. KIDD M0% ED THAT THE VEHICLES BE FOUND IN VIOLATION OF SECTIONS 675.19 AND 638.37 ,\ND BROUGHT INTO COMPLIANCE BY MARCII 20, 1986- MRS.RUSSELL SECONDED ?IOIION. MOTION PASSED UNANIMOUSLY. SETTING CASES FOR HEARING ITEM I. !'10 ATION OF CITY:OSEDf. CHAPTGA 721 DOING BUSINESS WITHOUT LISTA MR. ECKLEY REPORTED, THAT, NUMBERS I THROUGH 3, 7 _THROUGH 19, 21 T IIROUGH 25, 27 THROUGH 28, AND 30 THROUGH 34 WERE IN VIOLATION OF SECTION 721, DOING BUSINESS WITHOUT AN, OCCUPATIONAL LICENSE: IN RESPONSE TO Q L'J:STIONS BY ATTORNEY TIIERIAC, MR. £CKLGY ATTESTED THAT PROPER NOTICES, HAD BEEN MAILED. MR. KIDD MOVED THAT NUMBERS I THROUGH 3, 7 THROUGH 111. 21 THROUGH 25, 27 THROUGH '28, AND 90 THROUGH 3: RE SET FOR PUBLIC ❑CARING FOR. VIOLATION OF SECTION 721, DOING BUSINESS WITHOUT AN OCCUPATIONAL LICENSE, FOR THE MARCH 20, 1986, MEETING.. MRS. RUSSELL s1.CONDED MOTION. MOTION PASSED UNANIMOUSLY, ITEM 2. dEFFRGY L. RICH AND R.D.M.N. INC.. VIOLATION OF SECTION 65.07 CE 'O CODE ENFORCEMENT BOARD. REGULAR MEETING FEBRUARY 20. 1986 PAGE 3 OF 4 PAGES 0 0 IlT-.\I J. pl \'RTI. f. P. IIONI) ANI) lCI1.1.L\PI gCl'It l{t' t1f1i ATI(1"' OI' S')\N 1i Vt 1, IILlI.blNl, (DDL. tIIAI'71.R 111, SI [, 3111, "I:LIUIN 4'l ION Oli It 1'1'111! OF CNSAIT IH'ILDI NC.S," SCC. 7113.03. "LOT ULLARING" AND Sf(' c'S.he. "(L\RBAt;I: AND TRASH REMOVAL," —'I (' I('. IA 71%P 2dS, RG1: 3:1:, 1.117 A.7, T6'T'I:N'S SUHbIVISION, 8803 NO TII ATLANTIC A\1'NCI' ITEMS 2 AND 3, WERE ADDRESSED TOGETHER. IN RESPONSE TO QUESTIONS BY ATTORNEY THERIAC, MR. ECKLEY COMMENTED THAT HE HAD PERSONAL h NOWLEDGE THAT BOTH OF THESE ITEMS WERE IN, VIOLATION OF TIIE CITY CODL OI' ORDINANCES. MR. 11000 MOPED. THAT ITEMS 2 AND 3 BE SET FOR PUIH.IC III:.ARING ON MARCH 20, 1888. PIR, KIDD. SECONDED MOTION,' MOTION PASSI:II UNANIMOUSLY. - MR. ECKLEY REQUESTED THE BOARD CONSIDER THEFOLLOWING ITEM( ITEM d. CHARLES BAMFO% VIOLATION OF SEC. 703.03. "PUBLIC NUIS.ANCI:." O 3. B C 31, A 'ON Y TIIE S SA EC 2S TVP 2dS RCF 3'rF MR. GUNNREPORTED THAT hill. SAMFORD HAD RECEIVED A NOTICE OF PUBLIC NUISANCE. ON DECEMBER 20, 1885, AND HAD ATTEMPTED TO CORRIx I A PORTION OF THE ALLEGED VIOLATION. THE COMPLAINANT, MR. LEINDECNlAt 1% AS NOT SATISFIED WITH THE. PROGRESS TO TIIIS POINT, IT WAS REQUESTED, THAT TIIE HOARD HEAR THE CASE AND MAKE A DETERMINATION ON WHAT WILL III: RLQUIRED FOR TIIE PROPERTY TO BE BROUGHT INTO COMPLIANCE. MR.. KIDD 1101'1:0 THAT MR. CHARLES SAMFORD, OWNER OF LOT 3, BLOCK 34, AVON BY Till: SEA, BE SET FOR. PUBLIC HEARING ON MARCH 20, 1888. THERE BEING NO FURTHER BUSINESS,, THE MEETING WAS. ADJOURNED AT 0:05 P.M. APPROVED THIS,�eIDAY OF G, �/f> .'Ipso. CHAIRMAN t r S�.CRLT iY CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 20, 1880 PAGE 4 OF 4 PAGES 'OFILE COPY CODI: VNrORCI `,II:N•r BOARD R EGL'LAR .',!I:IITING JANI'ARY 23, 1986 A RLCULAR MEETING OF THE CODE, ENFORCEMENT BOARD WAS IIELD ON, JANUARY 23, 1886, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.. CHAIRMAN ROBERT 11000 CALLED TIIE SLEETING TO ORDER AT 7130 P.M. THE SECRETARY CALLED THE ROLL. NILMIIERS PRESENT ROBERT 11000 CHAIRMAN Jul, KIDD VICE CHAIRMAN CHARLES STENGLF,IN MARY HARTDEGEN ROY StOELLFR FIRST ALTERNATE GEORGE HUTCHISON SECOND ALTERNATE MEMBERS ABSENTI MARY RUSSELL DONALD ARABIAN W'AYNE HINTER OTIII.RS PRESENT1 JASIr.STIIERIAC, CITYA'I"PORNEY ARTIS GUNN BUILDING OFFICIAL. JEFFREY ECKLEY CODE ENFORCEMENT OFFICER EVELYN HUTCHERSON SECRETARY CHAIRMAN HOGG READ THE STATEMENT OF PROCEDURES FOR THE CODE I:NFORCESII:NT BOARD. H11 CALLED THE BOARII'6 ATTENTION TO A MEMORAN- Dl'M FROM TIIE CITY CLERK REMINDING TIIE BOARD TO INCLUDE TIIE FINDINGS OF FACT AND, CONCLUSION OF LAW IN THEIR MOTIONS IN ADDITION TO ANY FINES TBAT ARE LEVIED. IT WAS RECOMMENDED THAT .THF, .DATE OF COMPLIANCE RE SET AT LEAST ONE WEEK PRIOR TO THE NEXT MEETING TO ALLOW TIME TO MAKE THE NECESSARY INSPECTIONS AND FILE THENECERSARY I'APERWOHK. MR. STENGLEIN MOVED TO APPROVE THE MINUTES OF THE MEETING OF DECEMBER 18, 1983. AIS. HARTOEGEN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THE NEXT MFETINO DATE W'AS SET FOR FEBRUARY 20, IBES. COMPLIANCE HEARINGS ITEM 1. CASE NO. 85-20 CANAVERAL CAR COMPANY 8901 N. ATLANTIC VIOLATION8 8. SIR. THERIAC SWORE IN MR. JEFFREY ECKLEY AND MR. HOWARD GOULD. MR. ECKLEY EXPLAINED THAT THE COMPLIANCE HEARING WAS SCHEDULED CODE ENFORCEMENT. BOARD REGULAR MEETING JAN UARV 23, 1088. PAGE 1 OF 4 PAGES 0 0 TO. DI:TERM1IINE 11' THE OWNER OI: LEASER OF 1AII! 1'ROI'I:It1V' H.AD (1011: IN'(O COMPLIANCE WITH THE HOARD'S RULING BY PROVIDING A CONTRACT POR SALE AND PURCHASE, ARCHITECTURAL RENDERINGS, AND COST LSTHJAITS. III: H17PORTED THAT THE AREA IS STILL WITHOUT PAV'INGI HOW'EVCR, THEY DID BLOCK THE ENTRANCE TO THE BIKEPATII THE DAY AFTER TIIE LAST MEETING. MR. GOULD ADVISED. THAT THEY COULD NOT PROVIDE THE. DOCUMENTS It I:(;UESTCU AT THE LAST MEETING AS MRS. MEFKR HAD APPEALCD THE DIVOHCC AND EVERYTHING WILL BE TIED UP UNTIL THE DIVORCE 18 SETTLED. TIE ADDED THAT IIE DOES HAVE A CONTRACT WHICH 1S BEING REVIEWED BY HIS ATTORNEY, IIC POINTED OUT THAT THE ONLY SOLUTION, AT THIS POINT, WOULD HE TO OIC I: MR. MEEKS AN EVICTION NOTICE. TIE ADDED THAT. IIsi DID NOT RELIEVE IT )CAS 11I7 INTENT OF THIS RULING TO APPLY TO FACILITIES WHICH WERE EXIST— ING, CITING OTHER.. ORDINANCES WHICH DID NOT. APPLY TO EXISTING %10LATIONS. MR. KIDD.POINTED OUT THAT T11F.ORDIN ANCE IVENT INTO EFFECT PRIOR TO TIIF ESTABLISHMENT OF THE CANAVERAL CAB COMPANY. MR. GOULD ImSPONDED THAT TIIE FACILITY. WAS A BUSINESS FACILITY,. USED, FOR BUSINESSES PURPOSES BEFORE THE CITY WAS FORMED. THE NUMBER OF 1.1:111CLL'S IN THE SERVICE FLEET AND THE PARKING REGULATIONS WERE HISCL'SSI:D. MR. STENCLEIN MOVED TO CHANT CANAVERAL .CAR COMPANY AN EXTENSION TO MARCH 13, 1986. TO COME INTO COMPLIANCE. MR'. KIDD SECONDED MOTION. MOTION PASSED UNANIMOUSLY,, MR. ECKLEY REPORTED, FOR THE BENEFIT OF THE BOARD, THAT MR. hARHEN, WAS STILL. NOT IN COMPLIANCE .AND THAT THE THIRTY DAYS TO .APPEAL HAD RUN OUT. MR. GUNN, BUILDING OFFICIAL, NOTED THAT MR. I%:AHREN IIAD SECURED A PERMIT FOR THE DEMOLITION OF THE SIGN AND THAT Hl: HAD SPOKEN WITH, TIIE ENGINEER REPRESENTING MR WARREN, PCIILIC HEARINGS' ITEM 1. CASE NO 65-02 VIOLATION OF .SECTION 675.18 STORAGE AND KING AD RAGEt .R A ' MR. ECKLEY REPORTED THAT THE FOLLOWING VEHICLES HAD BEEN BROUGHT INTO COMPLIANCEt A. RED TOYOTA CORONA PARKED ON THE SOUTH SIDE OF THE -400 BLOCK OF JOHNSON. AVENUE, C. GREY PLYMOUTH FURY PARKED AT 6815 RIDGEWOOD AVENUE F. MULTI -COLOR TOYOTA CORONA PARKED AT 266 POLK AVENUE CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 23. 1986 PAGE 2 OF 4 PAGES 0 0 11. /6311XL SUBARU BRAT PICK-UP PARKED IN V'AC'ANT' 1.01' ACROSS I'HOn1 ?113 '1AND1.I:R STRI:LT MR. ECKLEY NOTED THE FIRST ITEM TO BE CONSIDEHUD. It. MULTI -COLOR CHEVY IMPALA LOCATED IN THE PUBLIC PARKING FACILITY ON THE SOUTH. SIDE OF THE 100 BLOCK PIERCE AVENUE. MR. ECKLEY PRESENTED THE CVIDFNCE AND ADVISED THAT THE VEHICLE WAS CITED FOR NOT HAYING A'CURRENT LICENSE PLATE.. MR. THERIAC SWORE IN MR. JEFF HARRIS, OWNER OF THE VEHICLE.MR. HARRIS EXPLAINED THAT HE HAD BEEN WORKING ON THE CAR AND THAT ALL HE NEEDED WAS INSURANCE AND TAGS. MR, KIDD MOVED THAT MR. HARRIS, OWNER OF TIIE MULTICOLOR CIIIAY IMPALA, UNDER CASE NO. 85-32, BE GIVEN UNTIL FEBRUARY 14, 1996. TO COMPLY. MR. STCNGLEIN SECONDED MOTION.. MOTION, PASSED UNANI- MOUSLY. MR, ECKLEY PRESENTED EVIDENCE ON THE REMAINING SEVEN VEHICLES, D. GREEN DODGE DART, 221 COLUMBIA DRIVE i L. WHITE CHEVY NOVA, EAST SIDE OF 8000 BLOCK POINSETTA AVENUE G. GREEN CIIEVY PICK-UP, 222 HARBOR DRIVE I. BROWN MERCEDES 2205, 100 GARDEN BEACH LANE J. BLUE CHEVY PICK-UP, PARKING LOT 112-114 PIERCE AVENUE K. YELLOW DODGE SWINGER, PARKING LOT 112-114 PIERCE AVENUE L. BLUE DODGE VAN (TRADESMAN 3001,203 PIERCE AVENUE MR. FCKLEY ,COMMENTED THAT THE OWNER OF. ITEM (l), BROWN MERCEDES, HAD ADVISED. THAT HE DOES NOT WANT THE CITY TO TOW THE VEHICL1i, BUT HE DOES NOT WANT TO SECURE TAGS FOR IT. MR. HOOD MOVED THAT ITEMS HA, (E), (G), (1), (J), (K) AND (L) BE FOUND' IN ,VIOLATION OF SECTION 675.19, PARKING AND STORAGE OF CERTAIN VENICLES, AND HE BROUGHT INTO COMPLIANCE PRIOR TO FEBRUARY 14,: 1886. MOTION WAS SECONDED BY MR. KIDD. MOTION PASSED UNANIMOUSLY. SETTING CASES FOR HCARING ITEM I. WAYNE TIDWELL (JOSEPH LULEY ESTATE) - VIOLATION OF SEC.. 03.01 UB IC ISA G SEC. 15 V 24 4 31F.. ARCEL T O T N Y MR. ECKLEY PRESENTED. EVIDENCE ON TUM CASE. MR. HOGG MOVED TO SET THE HEARING DATE ON JOSEPH F. LULEY ESTATE FOR FEBRUARY 20, 1986, MOTION WAS SECONDED BY MR. KIDD. MOTION PASSED UNANIMOUSLY. CODE ENFORCEMENT BOARD REGULAR. MEETING JANUARY 23, 1986 PAGE 3 OF 4 PAGES 0 0 ITEM 2. ATLANTIS i AN I) ( OMPANV' - VIOLATION OlSL("IION 70:013, PUBLIC NUISANCE. SEC. 14, TKI' 24S. RGE 371:. PARCEL 750, LOCATE) OCEANF11ONT' A'1' TIIE EAST [:NO OF tit -LAN WOOUS, MR. ECKLEY PRESENTED Till". EVIDENCE AND STATED FOR Till: RECORD THAT FOUR HUNDRED AUSTRALIAN PINES CITED. IN THE AUGUST 80, 1985, VIOLATION ARE LOCATED ON THE CITYS RIGHT-OF-WAY. MR. STENGLEIN MOVED TO SET THE DATE OF PUBLIC HEARING ON ATLANTIS LAND COMPANY POR. FEB- HUARY 20, 1986, MOTION WAS SECONDED BY MR,KIDD, 5IOT10N PASSED UNANIMOUSLY, ITEM J. VIOLATION OF SECTION 625.19 STORAGE AND JUNK VEIIICI.I:S: SECT O KI" 1 A T RAO : itA CHIC .I:S AS.P:R ATTACHED LI -ST MR. CCKLEY PRESENTED EVIDENCE ON THIS CASE. MR. STENCLUIN MOVED '1'0 SET THE DATE FOR PVBLIC HEARING ON THIS CASE FOA FEBRUARY 20, 1986, MS. IIAHTDCGEN SECONDED MOTION, MOTION PASSED. UNANIMOUSLY. CITY ATTORNEY THERIAC ADVISED THE BOARD TIIAT A PRESENTATION RY THE CODE ENFORCEMENT OFFICER WAS NOT NECESSARY TO ST A CAST: I'Olt HEARING. FOLLOWING A'DISCUSSION, IT WAS TIIE CONSENSUS OF, Till: BOARD THAT THEY WOULD HAVE NO PROBLEMS MAKING THIS CHANGE, PROVIDED Till: STATUTORY PROVISIONS ARE ML'T.✓. THE LENGTH OF TIME INVOLVED IN SETTLING THE VIOLATIONS OF PARKING AND STORAGE OF VEHICLES WAS DISCUSSED. 'NO,ACTION WAS TAKEN, THERE BEING NO FURTHER BUSINESS, THE MEETING WAS .ADJOURNED AT 8:45 P.M. APPROVED THIS ZO- DAY OF: n S.CR AR CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 2S, 1986 PAGE 4 OF 4 PAGES