TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
August 8, 2007 Town Hall 6:00 PM
PRESENT Todd Harrison, Chairman
Orlando Brillante, Member
Ronald Campbell, Member
Ronald David Frye, Member
Betty Preece, Member
Cliff Stokes, Code Enforcement Officer
Julie Anne Holmgren, Secretary
1. CALL TO ORDER 6:00 P.M.
Chairman Harrison called the meeting to order at 6:00 P.M.
2. ROLL CALL
The secretary called the role.
3. OATH OF OFFICE FOR NEW MEMBER
Attorney Gougelman administered the Oath of Office to Ronald David Frye, Member.
4. APPROVAL OF MINUTES – July 11, 2007
Ms. Preece moved to approve the minutes. Mr. Brillante seconded. Motion passed unanimously.
5. OPENING STATEMENT
Chairman Harrison read the opening statement.
6. VIOLATION HEARINGS:
A. CEB Case Number 07-015 Douglas & Shawn Oliveira
118 Tradewinds Terrace
Indialantic, Florida 32903
Town Code Section 17-103 Parking, storage, and use of certain vehicles.
Attorney Gougelman swore in Mr. Stokes and Attorney Crockett qualified him as an expert in Code Enforcement.
Attorney Crockett elicited testimony from Mr. Stokes. Mr. Stokes testified that he reinspected the property on July 27, 2007 and established that violations to Town Code Sections 15-20 and 17-103 existed at that time.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Composite Exhibit A – May 24, 2006 Code Enforcement Department, Notice of Code Violation letter received certified mail, return receipt.
Composite Exhibit B – December 1, 2006 Code Enforcement Department, Notice of Code Violation letter received certified mail, return receipt.
Composite Exhibit C – July 27, 2007 Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail, return receipt
Composite Exhibit D – Two (2) pictures taken June 22, 2006.
Composite Exhibit E – Two (2) pictures taken July 27, 2007.
Composite Exhibit F – One (1) photograph taken August 8, 2007
Attorney Gougelman sworn in Mr. Oliveira and Attorney Crockett elicited testimony from Mr. Oliveira.
Mr. Frye moved to find that in Case No. 07-015 Douglas & Shawn Oliveira be found guilty in violation of Code Section 15-20 and 17-103 on July 27, 2007 and be given zero (0) days because they are currently in compliance and not impose a fine at this time. Further, this motion is presented as a repeat violation whereby a reoccurrence of this violation, and upon presentation of an affidavit of the code enforcement officer to the Code Enforcement Board, the penalty of $100 per day per violation be imposed without the necessity of further presentation to this Board. The code enforcement officer must notify the violator of the potential imposition of an additional continuing violation penalty and the violator shall have the right to protest the procedure at the next regularly scheduled session after said notice. Ms. Preece seconded. Motion carried unanimously.
B. CEB Case Number 07-016Fifth Avenue Realty LLC
5th Ave Galaxy Grille, 147 Fifth Avenue, Indialantic, Florida 32903
Town Code Section 17-106.1 (1) & (4) [Sign] plan and construction standards
Town Code Section 17-106.2 (2)(a)(b)(g)(i)(j) Prohibited signs
Town Code Section 17-106.1 (4) [Sign] plan and construction standards
Attorney Crockett elicited testimony from Mr. Stokes. Mr. Stokes testified that he reinspected the property on July 27, 2007 and established that violations to Town Code Section 17-106.1 (1) & (4) are repeatedly violated.
Attorney Crockett entered into the record the following Town documents:
May 16, 2006 Code Enforcement Department, Notice of Code Violation letter sent certified mail, return receipt.
October 13, 2006 Code Enforcement Department, Notice of Code Violation letter sent certified mail, return receipt.
July 30, 2007 Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail, return receipt.
Ms. Preece moved to find that in Case No. 07-016 Fifth Avenue Realty LLC be found guilty in violation of Code Section 17-106.1(1) & (4) only on July 27, 2007 and be given zero (0) days because they are currently in compliance and not impose a fine at this time
Further, this motion is presented as a repeat violation whereby a reoccurrence of this violation, and upon presentation of an affidavit of the code enforcement officer to the Code Enforcement Board, the penalty of $250 per day be imposed without the necessity of further presentation to this Board. The code enforcement officer must notify the violator of the potential imposition of an additional continuing violation penalty and the violator shall have the right to protest the procedure at the next regularly scheduled session after said notice.
After further discussion, Ms. Preece moved to amend the motion to a $500 per day penalty. Mr. Campbell seconded. Motion carried unanimously.
7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS
None.
8. UNFINISHED BUSINESS:
A. CEB Case Number 07-012 Nazario Rodriguez
412 Tenth Avenue
Indialantic, Florida 32903
412 Tenth Avenue, Indialantic, Florida 32903
Town Code Section 5.5-64 Paved and unpaved areas
Town Code Section 5.5-63 General maintenance
Town Code Section 5.5-67 Building exteriors
Town Code Section 5.5-68(d) Landscaping
Town Code Section 8-2 Accumulations prohibited generally
Attorney Crockett stated that Town Staff never received the return receipt from the Notice of Hearing and requested that the case be renoticed and placed on the next Agenda.
B. CEB Case Number 07-008 Fifth Avenue Realty LLC
4420 Connecticut Avenue, Suite 2
Continued from July 11, 2007 CEB Meeting
(d) 147 Fifth Avenue, Indialantic, Florida 32903
(d) Town Code Section 17-106.4 (6)(e)
C, C-1, and C-2 Commercial Districts. (Detached sign exceeds square footage allowed)
Attorney Crockett advised that the detached sign has been removed from the pole.
9. OTHER
Ms. Preece requested that colored copies of the motion statements be placed in all folders for next month’s meeting. Attorney Crockett suggested reworking the wording of the statements.
10. NEW BUSINESS
Chairman Harrison to discuss change in meeting time with Attorney Gougelman and Town Manager. Time to be determined at next meeting.
11. ADJOURNMENT
Meeting adjourned at 7:15 p.m.
______________________________
Todd Harrison, Chairman
Julie Anne Holmgren, Secretary