MINUTES NO. 09-02

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[ Code Enforcement Board - Meeting Minutes ]
MINUTES NO. 09-02

PRESENT Todd Harrison, Chairperson ABSENT
Betty Preece, Vice Chairperson
Orlando Brillante, Member
Ronald Campbell, Member
Ronald David Frye, Member
Henry Adams, 1st Alternate
Donna Braunlich, 2nd Alternate
Suzanne N. Crockett, Prosecuting Attorney
Paul Gougelman, Town Attorney
Clifford Stokes, Code Enforcement Officer & Building Official
Julie Anne Holmgren, Secretary
1. CALL TO ORDER 6:00 P.M.
Chairperson Harrison called the meeting to order at 6:00 P.M.
2. ROLL CALL
Attorney Gougelman called the role.
3. OATH OF OFFICE FOR NEW MEMBER
Attorney Gougelman administered the Oath of Office to Donna Braunlich, 2nd Alternate.
4. APPROVAL OF MINUTES
Minutes 08-03, March 5, 2008
Mr. Campbell moved to approve the minutes of March 5, 2008. Mr. Adams seconded.
Motion carried unanimously. Minutes 09-01, October 1, 2008
Mr. Campbell moved to approve the minutes of October 1, 2008. Mr. Adams seconded.
Motion carried unanimously.
5. OPENING STATEMENT
Chairman Harrison read the opening statement.
6. VIOLATION HEARINGS
A. CEB Case Number 09-002 Diane & Brett Horsley
320 Second Avenue
Indialantic, Florida 32903
320 Second Avenue, Indialantic, Florida 32903
Town Code Section 15-32 What constitutes abandonment
Town Code Section 15-33 What constitutes junk
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Town Code Section 15-34 Parking, storage on private property
Town Code Section 15-35 Parking, storage on public property
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 as of
January 7, 2009 Respondents were not in compliance.
Attorney Crockett advised the board to eliminate reference to Town Code Section 15-35.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated July 18, 2008.
Exhibit B – One (1) photograph taken September 18, 2008.
Exhibit C – One (1) photograph taken October 1, 2008.
Exhibit D – One (1) photograph taken January 7, 2009
Exhibit E – One (1) photograph taken January 7, 2009
Exhibit F – Notice of Hearing, Statement of Violation and Request for Hearing dated December 16, 2008, Affidavit of Service dated December 23, 2008, and certified mail return receipt dated December 29, 2008.
Attorney Gougelman sworn in Ms. Diane Horsley and Attorney Crockett elicited testimony from Ms. Horsley.
Mr. Brillante moved to find that in Case No. CEB 09-002 Respondents Diane and Brett Horsley be found guilty in violation of Town Code Section 15-32, 15-33 and 15-34 and that the Respondents be given 30 days to comply or face a fine of $100.00 per day for each day the violation continues. Mr. Campbell seconded. Motion carried unanimously.
B. CEB Case Number 09-005 COMPLIED
503 Fifth Avenue
Suite 105
Indialantic, Florida 32903
Attorney Crockett advised that Case Number 09-005 has complied and that no evidence or testimony would be presented.
C. CEB Case Number 09-006 Richard William Riehl
503 Fifth Avenue
Suite 105
Indialantic, Florida 32903
503 Fifth Avenue, Suite 105, Indialantic, Florida 32903
Town Code Section 9-1 Persons required to obtain business tax receipt
Town Code Section 9-7 Penalty for doing business without business tax receipt
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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 as of
January 7, 2009 Respondent was not in compliance.
Attorney Gougelman stated for the record that Respondent was not in the audience.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated October 30, 2008, Business Tax Receipt Application and FAQs, Addendum to Business Tax Application and Basic Fire Inspection Guidelines.
Exhibit B – Certified mail return receipt sent to law firm dated October 30, 2008 and certified mail return receipt sent to property owner dated October 30, 2008.
Exhibit C – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail return receipt to Respondent Richard William Riehl dated December 16, 2008.
Exhibit D – One (1) photograph dated January 7, 2009
Ms. Preece moved to find that in Case No. CEB 09-006 Richard William Riehl be found guilty in violation of Town Code Section 9-1 and 9-7 and that the Respondent be given 10 days to comply or face a fine of $100.00 per day for each day the violation continues. Mr. Campbell seconded. Motion carried unanimously.
D. CEB Case Number 09-007 Shawn Reid
503 Fifth Avenue
Suite 105
Indialantic, Florida 32903
503 Fifth Avenue, Suite 105, Indialantic, Florida 32903
Town Code Section 9-1 Persons required to obtain business tax receipt
Town Code Section 9-7 Penalty for doing business without business tax receipt
Attorney Crockett advised that Case Number 09-007 has complied and that no evidence or testimony would be presented.
E. CEB Case Number 09-008 COMPLIED
503 Fifth Avenue
Suite 105
Indialantic, Florida 32903
Attorney Crockett advised that Case Number 09-008 has complied and that no evidence or testimony would be presented.
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F. CEB Case Number 09-009 Jonathan Fredrick Bull
503 Fifth Avenue
Suite 105
Indialantic, Florida 32903
503 Fifth Avenue, Suite 105, Indialantic, Florida 32903
Town Code Section 9-1 Persons required to obtain business tax receipt
Town Code Section 9-7 Penalty for doing business without business tax receipt
Attorney Crockett advised that Case Number 09-009 has complied and that no evidence or testimony would be presented.
G. CEB Case Number 09-010 Adelia & Eddie Paniccia
1060 North Riverside Drive
Indialantic, Florida 32903
800 Block North Miramar Avenue (Rear Path Plaza), Indialantic, Florida 32903
Town Code Section 5.5-46 Murals prohibited
Town Code Section 8-12.1 Dumpsters
Town Code Section 5.5-65 Trash Container areas
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 Respondent had removed the murals complying with Town Code Section 5.5-46. Mr. Stokes also testified that as of January 7, 2009 Respondent was not in compliance with Town Code Section 8-12.1 and 5.5-65. Mr. Stokes further testified that Respondents are working with him on correcting these violations.
Attorney Gougelman stated for the record that Respondents were not in the audience.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated September 23, 2008 sent certified mail return receipt received December 18, 2008.
Exhibit B – One (1) photograph dated November 3, 2008.
Exhibit C – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail return receipt dated September 23, 2008 and received September 24, 2008.
Exhibit D – Six (6) photographs dated January 7, 2009.
Mr. Brillante moved to find that in Case No. CEB 09-010 Respondents be found guilty in violation of Town Code Sections 8-12.1 and 5.5-65 and that the Respondents be given 30 days to comply or face a fine of $100.00 per day for each day the violation continues. Ms. Preece seconded. Motion carried unanimously.
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H. CEB Case Number 09-011 Richard & Ann Lorelle
54 Pinehill Drive
Indialantic, Florida 32903
400 Melbourne Avenue, Indialantic, Florida 32903
Town Code Section 5.5-71 Fences and walls
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 as of
January 7, 2009 Respondents were not in compliance.
Attorney Gougelman stated for the record that Respondents were not in the audience.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated September 24, 2008 sent certified mail return receipt delivered on December 19, 2008.
Exhibit B – One (1) photograph dated September 24, 2008, one (1) photograph dated November 3, 2008, one (1) photograph dated December 8, 2008, four (4) photographs dated January 7, 2009.
Exhibit C – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail return receipt dated December 16, 2008 and delivered on December 19, 2008.
Ms. Preece moved to find that in Case No. CEB 09-011 Respondents be found guilty in violation of Town Code Section 5.5-71 and that the Respondents be given 10 days to comply or face a fine of $250.00 per day for each day the violation continues. Mr. Campbell seconded. Motion carried unanimously.
I. CEB Case Number 09-012 Yale Mortgage Corporation
C/O Weitz Schwartz, P.A.
3601 West Commercial Blvd.
Suite 31
Fort Lauderdale, Florida 33309
323 Michigan Avenue, Indialantic, Florida 32903
Town Code Section 5.5-68 Landscaping
Attorney Crockett advised that Case Number 09-012 has complied and that no evidence or testimony would be presented.
J. CEB Case Number 09-013 Emmet Eby & Thomas C. Patas
1615 South Miramar Avenue
Indialantic, Florida 32903
1615 South Miramar Avenue, Indialantic, Florida 32903
Town Code Section 17-121 (2.5)(b) R-1-A- Single-Family Residence Districts
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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 as of
January 7, 2009 Respondents were not in compliance.
Attorney Gougelman stated for the record that Respondents were not in the audience.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated December 17, 2008 sent certified mail return receipt, returned to sender on December 18, 2008 because the forwarding order for this address is no longer valid.
Exhibit B – Affidavit of Posting dated December 23, 2008.
Exhibit C – Notice of Hearing, Statement of Violation and Request for Hearing, Affidavit of Mailing sent regular mail on December 23, 2008, and return envelope “return to sender, no such number, unable to forward”.
Exhibit D – Four (4) photographs dated December 23, 2008.
Exhibit E – One (1) page letter from Respondent addressed to Mr. Stokes with an eight (8) page Residential Lease attached.
Mr. Campbell moved to find that in Case No. CEB 09-013 Respondents be found guilty in violation of Town Code Section 17-121 (2.5)(b) on December 17, 2008 and December 23, 2008, and further this motion is presented as a continuing 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 described in the initial compliance order may 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 and the fine imposed be $500.00 per day starting immediately. Ms. Preece seconded.
After further discussion with the Board and Attorney Crockett, Mr. Campbell moved to strike his previous motion. Ms. Preece seconded. Motion carried unanimously.
Mr. Frye moved to find that in Case No. CEB 09-013 Respondents Emmet Eby & Thomas C. Patas be found guilty in violation of Town Code Section 17-121 (2.5)(b) on December 17, 2008 and December 23, 2008. Mr. Adams seconded. Motion carried unanimously.
7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS
CEB Case Number 09-001 Kim Meriedeth
425 Palmetto Place
Indialantic, Florida 32903
425 Palmetto Place, Indialantic, Florida 32903
Town Code Section 5.5-68 Landscaping
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Attorney Crockett reported that the property has been foreclosed on and is still not in compliance. Therefore the case will be restarted with the new property owners.
8. UNFINISHED BUSINESS
None
9. OTHER
None
10. NEW BUSINESS
A.
Election of Chairman
Mr. Brillante moved to elect Mr. Frye as Chairperson.
Motion passed unanimously.
B. Election of Vice Chairman
Ms. Preece moved to elect Mr. Brillante as Vice Chairperson.
Motion passed unanimously.
C. Adoption of Rules of Procedure
Mr. Campbell moved to adopt the Rules of Procedure. Ms. Preece seconded. Motion passed unanimously.
11. ADJOURNMENT
Next meeting is February 4, 2009 at 6:00 p.m.
Meeting adjourned at 7:45 p.m.
______________________________ __________________________
Todd Harrison, Chairperson Julie Anne Holmgren, Secretary