MINUTES NO. 99-3

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[ Code Enforcement Board - Meeting Minutes ]
MINUTES NO. 99-3

MEMBERS PRESENT

Betty Preece, Chairman

Orlando Brillante

Ronald Campbell

Cliff Hirsch

Raymond Young

Carroll Williams

Joe Colombo, Town Attorney

Mark Gager, Prosecuting Attorney

Kathy Maynor, Code Enforcement Officer

Shirlee Walker, Secretary

1. CALL TO ORDER

Chairman Preece called the meeting to order at 7:00 pm.

2. OATH OF OFFICE/NEW MEMBER

A.Cliff Hirsch was issued the Oath of Office by Attorney Joe Colombo.

3. APPROVAL OF PRIOR MEETING MINUTES

Mr. Brillantemoved to approve Minutes No. 99-2, February 9, 1999 with the following changes. Item 7, second paragraph, “A fine of $50 days per day will be imposed” Item 7, third paragraph, “Upon the advise advice of Mr. Gager.” Item 7, third paragraph, “before replacement of with a new sign.” Mr. Young seconded. Motion passed unanimously.

4. OPENING STATEMENT

Chairman Preece read the opening statement.

5. VIOLATION HEARINGS

A.CEB No. 99-5Mr. Ernest Traut COMPLIED PRIOR TO MEETING

1101 S. Miramar #405

Indialantic, Fl. 32903

ADDRESS OF VIOLATION: 101 Deland Avenue, Blk. 97, Lot 1

Violation of Town Code Section 15-33, 15-34, inoperative vehicle, no tag.

B.CEB No. 99-6Mr. James Keeven

248 Island Avenue

E. Moline, IL 61244

ADDRESS OF VIOLATION: 402 Fifth Avenue, Blk. 7, Lot 15

Violation of Town Code Section 5.5-64, parking lot with broken pavement, potholes.

Mr. Brillante moved that Mr. Keeven be found in violation of Code Section 5.5-64 and that he be given 15 days from day of receipt of code enforcement order to come into compliance. If compliance is not met, a fine of $25.00 per day be imposed for each day the violation continues. Mr. Young seconded. Motion passed unanimously.

C.CEB No. 99-7Mr. Michael Mann

101 Fifth Avenue

Indialantic, Fl. 32903

ADDRESS OF VIOLATION: 110 S. Miramar Avenue, Blk. 27 Lots 13-16

Violation of Town Code Section 17-106.2 (2) (A), portable sign on side of street. This has been a repeat violation since being cited on March 31, 1999.

Tenant, Paul Gregg appeared before the Board as the person in charge of the property located at 110 S. Miramar Avenue. Atty. Gager requested a brief recess in which time an agreement was reached between Mr. Gregg and Atty. Gager. In exchange for Mr. Gregg agreeing that he is in violation and for agreeing to remedy the violation, no action is to be taken against him up to this date. (July 13, 1999)

Mr. Williams moved to accept the stipulated agreement between Mr. Gregg and Atty. Gager as follows: In exchange for Mr. Gregg agreeing that he is in violation and for agreeing to remedy the violation, no action is to be taken against him. However, if the violation recurs after this date (July 13, 1999) he will be assessed a fine of $25.00 per day for each and every day he is in violation. Mr. Hirsch seconded. Motion passed unanimously.

D.CEB No. 99-8Ms. Sherry MannixCOMPLIED PRIOR TO MEETING

401 Miami Avenue

Indialantic, Fl. 32903

Blk. 71, Lot 1

Violation of Town Code Section 15-33, 15-34, inoperative vehicle, no tag.

E.CEB No. 99-9 Ralph and Louise DeGraw

21 Joyce Ct.

Milford, Ct. 06460

ADDRESS OF VIOLATION: 1601 S. Shannon Avenue, Blk 97, Lot 18

Violation of Town Code Section 5.5-67 (2), 5.5-68 (b), grass in excess of 8″, faded/peeling paint on structure.

The Code Enforcement Officer testified that the house is vacant and the property owners live out of state. They were notified by certified mail of the violations.

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Mr. Young moved that Mr. & Mrs. DeGraw be found in violation of Code Section 5.5-67 (2), and 5.5-68 (b) and that after receipt of this notification (by certified mail) if they are not in compliance within 10 days, a fine of $35.00 per day will be imposed for each day of noncompliance.

After discussion, Mr. Campbell questioned the inconsistency of the penalty and expressed a desire for uniformity.

Mr. Young amended his motion as follows: that Mr. & Mrs. DeGraw be found in violation of Code Section 5.5-67 (2), and 5.5-68 (b) and they be given notice by certified mail that 10 days after receipt of this notification, if compliance is not met, a fine of $25.00 per day will be imposed for each day of noncompliance. Mr. Williams seconded. Motion passed unanimously.

F.CEB No. 99-10 Madelyn and Thomas Hurley

P.O. Box 41

White Springs, Fl. 32096

ADDRESS OF VIOLATION: 339 Miami Avenue, Blk. 82, Lots 5,6

Violation of Town Code Section 5.5-71, fence sections broken and deteriorated.

Mr. Gager advised the Board that the Town has been unable to notify the owners by certified mail. All the certified mail has been returned unclaimed. He proposed that the Board agree to remove this case from tonight’s agenda and reset it so that we can perfect service by notification, by way of a legal notice in Florida Today. Other violations are now present since the inception of the original violation of Code Section 5.5-71 regarding the broken fence sections.

The Code Enforcement Officer, Kathy Maynor, had asked the Building Inspector to determine if the house should be condemned. Upon inspection, he determined that it was not condemnable.

Bob DiPaolo of 345 Miami Avenue resides next door to the Hurley home. He was sworn in and voiced his complaint about the condition of the property in question. He advised the Board that the roof of the house is falling in and complained that the home is infested with rats. He also stated that a 100 gallon oil drum on the property is leaking. He feels that the value of his house is affected by these conditions.

The Board discussed ways to perfect service.

Atty. Colombo advised the Board of a state statute that allows the Code Enforcement Board to notify the Town Council, which may arrange to make all reasonable repairs to bring the property into compliance and charge the violator with the reasonable costs of these repairs. This is in cases of immediate danger to property.

Mr. Campbell moved to take a three-prong approach to this case, one being the notification of the Town Council. If the Council takes action, then the Code Board meeting scheduled for September could be cancelled. Mr. Young seconded. Motion passed unanimously. (The other approaches discussed were, notification of the Health Department and Department of Environmental Protection)

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After discussion the Board agreed to postpone this case for 60 days. At that time the other violations will be added. Voice vote all said aye.

CEB No. 99-11 Mr. Philip Wentworth COMPLIED

501 N. Ramona Avenue

Indialantic, Fl. 32903

Blk. 54, Lot 24

Violation of Town Code Section 15-33, 15-34, inoperable vehicle, no tag.

6. VIOLATION HEARINGS PENDING

None

7. REPORTS OF COMPLIANCE/NON‑COMPLIANCE WITH PREVIOUS ORDERS

CEB No. 99-2Mr. Tom Shine COMPLIED

241 Fifth Avenue, Inc.

Melbourne, Fl. 32936

.

CEB No. 99-4Mr. Eddie PanicciaCOMPLIED

Mr. Richard Turner

810 N. Miramar

Indialantic, Fl. 32903

8. REPORTS OF COMPLIANCE/NON‑COMPLIANCE WITH PREVIOUS NOTICES OF HEARING

None

9. OLD BUSINESS

10. NEW BUSINESS

Atty. Joe Colombo will address the Board

Atty. Gager advised the Board that the new Town Manager has made changes in Code Enforcement procedure. One change is placing the Code Enforcement Officer under the jurisdiction of the Police Department. He also requested that residents be given citations with threat of fines before taking them to the Code Board.

Mr. Gager and Mr. Colombo had prepared a procedural policy that will be given to the Board after reviewing the changes initiated by the Town Manager. This is to avoid possible conflict with the two policies.

11.ADJOURNMENT

Chairman Preece adjourned the meeting at 8:30 pm.

______________________________ ___________________________

Shirlee Walker, Secretary Betty Preece, Chairman

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