*REVISED MINUTES NO. 08-03

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
*REVISED MINUTES NO. 08-03

PRESENT Todd Harrison, Chairman ABSENT Keith Whitehead, 2nd Alternate
Ronald Campbell, Member
Orlando Brillante, Member
Ronald David Frye, Member
Betty Preece, Member
Henry Adams, 1st Alternate
Suzanne Crockett, Prosecuting Attorney
Paul Gougelman, Town Attorney
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. APPROVAL OF MINUTES 08-02 – December 5, 2007
Mr. Adams moved to accept the minutes. Mr. Brillante seconded. Motion carried unanimously.
4. OPENING STATEMENT
Chairman Harrison read the opening statement.
5. VIOLATION HEARINGS
A. CEB Case Number 08-007 Rami Dahaman
100 Fourth Avenue
Indialantic, Florida 32903
Wild Side Clothing, Inc., 100 Fourth Avenue, Indialantic, Florida 32903
Town Code Section 9-6 Delinquency penalty
Town Code Section 9-7 Penalty for doing business without business tax receipt
Attorney Crockett advised that Case No. 08-007 had complied and that no evidence would be heard.
B. CEB Case Number 08-008 James J. Page
834 North Miramar Avenue
Indialantic, Florida 32903
Flex Fitness of Florida, 834 North Miramar Avenue, Indialantic, Florida 32903
Town Code Section 9-6 Delinquency penalty
Code Enforcement Board Meeting 2
Town Code Section 9-7 Penalty for doing business without business tax receipt
Attorney Crockett swore in Mr. Stokes and qualified him as an expert in Code Enforcement.
Attorney Crockett explained to the Board the requirements of Chapter 9, Code of Ordinances.
Attorney Crockett elicited testimony from Mr. Stokes. Mr. Stokes testified that as of February 27, 2008, Respondent was not in compliance.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Letter dated January 18, 2008 sent certified mail return receipt.
Exhibit B – Affidavit of Personal Service of January 18, 2008 letter served upon Respondent on February 15, 2008 by Officer Anthony Musante, Indialantic Police Department.
Exhibit C – Notice of Hearing, Statement of Violation and Request for Hearing dated February 27, 2008.
Exhibit D – Affidavit of Personal Service of Notice of Hearing, Statement of Violation and Request for Hearing personally served upon Respondent on February 27, 2008 by Officer Amberly Clay, Indialantic Police Department.
Mr. Brillante moved to find that in Case No. CEB 08-008 Respondent James J. Page, Flex Fitness of Florida, be found guilty in violation of Town Code Section 9-6 and 9-7 and that the Respondent be given 10 days to comply or face a fine of $125.00 per day for each day the violation continues. 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 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. Mr. Campbell seconded.
After further discussion, Ms. Brillante moved to amend the motion to delete the repeat violation. Ms. Preece seconded. Motion carried unanimously
C. CEB Case Number 08-009 Gary Parish
334 Fourth Avenue
Indialantic, Florida 32903
Complete Inspection Systems, Inc., 334 Fourth Avenue, Indialantic, Florida 32903
Town Code Section 9-7 Penalty for doing business without business tax receipt
Attorney Gougelman swore in Mr. Stokes and Attorney Crockett qualified him as an expert in Code Enforcement.
Code Enforcement Board Meeting 3
Attorney Crockett elicited testimony from Mr. Stokes. Mr. Stokes testified that as of February 14, 2008, Respondent was not in compliance.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Late Notice Business Tax Renewal Letter dated November 6, 2007.
Exhibit B – Late Notice Business Tax Renewal Letter dated December 14, 2007 sent certified mail returned receipt; received December 17, 2007.
Exhibit C – Late Notice Business Tax Renewal Letter dated January 18, 2008 sent certified mail returned receipt; received January 22, 2008.
Exhibit D – Copy of Business Tax Renewal and copy of a check received from Complete Inspection Systems, Inc. dated February 14, 2008 for $62.50.
Exhibit E – Notice of Hearing, Statement of Violation and Request for Hearing dated February 28, 2008.
Exhibit F – Affidavit of Personal Service of Notice of Hearing, Statement of Violation and Request for Hearing personally served upon Respondent on February 28, 2008 by Officer Anthony Musante, Indialantic Police Department.
Mr. Brillante moved to find that in Case No. CEB 08-009 Respondent Gary Parish, Complete Inspection Systems, Inc., be found guilty in violation of Town Code Section 9-7 and that the Respondent be given 8 days to comply or face a fine of $125.00 per day for each day the violation continues. Ms. Preece seconded.
*Motion carried with the following roll call vote:
Chairman Harrison no
Ronald Campbell no
Orlando Brillante aye
Ronald Frye aye
Betty Preece aye
Henry Adams aye
6. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS
A.
CEB Case Number 08-006 Dominick Villano
1010 Wavecrest Avenue
Indialantic, Florida 32903
1010 Wavecrest Avenue, Indialantic, Florida 32903
Town Code Section 17-91 (1)(c)
Attorney Crockett advised that the Respondent has brought the property into compliance.
7. UNFINISHED BUSINESS:
None.
8. OTHER
None.
Code Enforcement Board Meeting 4
9. NEW BUSINESS
None.
10. ADJOURNMENT
Meeting adjourned at 7:00 p.m.
______________________________ __________________________
Todd Harrison, Chairman Julie Anne Holmgren, Secretary