MINUTES NO. 09-03

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[ Code Enforcement Board - Meeting Minutes ]
MINUTES NO. 09-03

PRESENT Ronald David Frye, Chairperson ABSENT
Orlando Brillante, Vice Chairperson Todd Harrison, Member
Betty Preece, Member Ronald Campbell, 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 Frye called the meeting to order at 6:08 P.M.
2. ROLL CALL
The secretary called the role.
3. APPROVAL OF MINUTES
Minutes 09-02, January 7, 2009
Ms. Preece moved to approve the minutes of January 7, 2009. Mr. Adams seconded.
Motion carried unanimously.
4. OPENING STATEMENT
Chairman Frye read the opening statement.
5. VIOLATION HEARINGS
A. CEB Case Number 09-014 David W. Fraley & Christine D. Witte
303 Deland Avenue
Indialantic, Florida 32903
303 Deland Avenue, Indialantic, Florida 32903
Town Code Section 17-103 (b)(3)(b)
Town Code Section 5.5-71
Town Code Section 13-9
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 had complied with Town Code Section 13-9. However, Respondents were not in compliance with Town Code Section 17-103(b)(3)(b) and Town Code Section 5.5-71.
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Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated November 10, 2008 sent certified mail return receipt.
Exhibit B – Two (2) photographs dated November 3, 2008.
Exhibit C – Three (3) photographs dated January 28, 2009.
Exhibit D – Certified mail return receipt received dated November 12, 2008.
Exhibit E – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail return receipt dated February 23, 2009.
Exhibit F – Certified mail return receipt received dated February 24, 2009.
Exhibit G – Four (4) photographs dated March 4, 2009.
Attorney Gougelman swore in David Fraley, 303 Deland Avenue, Indialantic, FL and Attorney Crockett elicited testimony from Mr. Fraley.
Mr. Brillante moved for a continuance on CEB Case Number 09-014 until the next regular meeting scheduled for April 1, 2009. Mr. Adams seconded. Motion carried unanimously.
B. CEB Case Number 09-015 Robert I. Hassol & Rhoda Weinstein
1755 North Highway A1A, #602
Indialantic, Florida 32903
410 Twelfth Avenue, Indialantic, Florida 32903
Town Code Section 17-103 (b)(3)(a)
Attorney Crockett advised that Case Number 09-015 has complied and that no evidence or testimony would be presented.
C. CEB Case Number 09-016 A & CH Properties LLC
960 Highway 98E
Suite 102
Destin, Florida 32541
Wild Side Clothing, Inc. or American Quest Beachwear, 100 Fourth Avenue, Indialantic, Florida 32903
Town Code Section 17-126 (2)(e)
Town Code Section 9-6
Town Code Section 9-7
Town Code Section 17-106 (5)(a)
Town Code Section 17-106.1 (4)
Town Code Section 17-106.4 (6)(c)(1)(a)(b)(c)(2)(3)(4)(5)
Town Code Section 5.5-63
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
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March 4, 2009 Respondent had complied with Town Code Sections 17-106(5)(a),
17-106.4 (6)(c)(1)(a)(b)(c)(2)(3)(4)(5), and 5.5-63. However, on March 4, 2009, Respondent was not in compliance with Town Code Sections 17-126(2)(e), 9-6, 9-7 and 17-106.1(4).
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter sent to Wild Side Clothing, Inc. dated November 10, 2008 sent certified mail return receipt received November 12, 2008.
Exhibit B – One (1) photograph dated November 3, 2008.
Exhibit C – Notice of Code Enforcement Violation letter sent to A & CH Properties, LLC, dated November 10, 2008 sent certified mail return receipt and returned to sender, unclaimed, unable to forward.
Exhibit D – Notice of Code Enforcement Violation letter dated November 14, 2008.
Exhibit E – Notice of Code Enforcement Violation letter dated January 22, 2009 sent certified mail return receipt received January 26, 2009.
Exhibit F – Three (3) photographs dated January 28, 2009.
Exhibit G – Notice of Hearing, Statement of Violation and Request for Hearing dated February 23, 2009 with Affidavit of Service dated February 23, 2009.
Exhibit H – Two (2) photographs dated March 4, 2009.
Attorney Gougelman swore in Eli Bendayan, President of Wild Side Clothing now known as American Quest Beachwear located at 100 Fourth Avenue, Indialantic, FL, and Attorney Crockett elicited testimony from Mr. Bendayan.
Mr. Brillante moved to find that in Case No. CEB 09-016 Respondent be found guilty in violation of Town Code Sections 17-126(2)(e), 9-6, 9-7 and 17-106.1(4) and that the Respondent be given 15 days to comply or face a fine of $100.00 per day for each day the violation continues. Ms. Preece seconded. Motion carried unanimously.
D. CEB Case Number 09-017 James D. Roland, II
425 Eighth Avenue
Indialantic, Florida 32903
Costa Rica Cleaning, 425 Eighth Avenue, Indialantic, Florida 32903
Town Code Section 17-102
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 on January 28, 2009 Respondent was not in compliance. However, as of March 4, 2009 Respondent is in compliance.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated November 13, 2008.
Exhibit B – Certified return receipt received dated November 17, 2008.
Exhibit C – Three (3) photographs dated November 12, 2008.
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Exhibit D – Brevard County TagTalk System – Motor Vehicle Information, four (4) photographs dated November 12, 2008, and five (5) photographs dated November 13, 2008,
Exhibit E – Five (5) photographs dated January 28, 2009.
Exhibit F – Brevard County Property Appraiser Map Search.
Exhibit G – Notice of Hearing, Statement of Violation and Request for Hearing dated February 23, 2009 sent certified mail return receipt received February 25, 2009.
Attorney Gougelman swore in James D. Roland, III and Attorney Crockett elicited testimony from Mr. Roland.
Attorney Gougelman swore in Marcela Roland and Attorney Crockett elicited testimony from Ms. Roland.
Mr. Adams moved to find that in Case No. CEB 09-017 Respondent be found guilty in violation of Town Code Section 17-102 on January 28, 2009. Ms. Braunlich seconded. Motion carried unanimously.
E. CEB Case Number 09-018 Clifford L. & Christine T. Cook
555 Newport Drive
Indialantic, Florida 32903
401 North Riverside Place, Indialantic, Florida 32903
Town Code Section 5.5-68 (b)(d)
Attorney Crockett requested a postponement on CEB Case Number 09-018 until the next regular meeting scheduled for April 1, 2009.
Mr. Adams moved to approve the postponement on CEB Case Number 09-018 until the next regular meeting scheduled for April 1, 2009. Ms. Braunlich seconded. Motion carried unanimously.
F. CEB Case Number 09-019 Renata Notarnicola
340 Fourth Avenue
Indialantic, Florida 32903
340 Fourth Avenue, Indialantic, Florida 32903
Town Code Section, 16-4
Attorney Gougelman swore in Mr. Stokes and Attorney Crockett qualified him as an expert in Code Enforcement.
Attorney Gougelman stated for the record that Respondent was not in the audience.
Attorney Crockett elicited testimony from Mr. Stokes. Mr. Stokes testified that as of
March 4, 2009 Respondent was not in compliance.
Attorney Crockett entered into the record as Town Exhibits the following documents:
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Exhibit A – One (1) photograph dated May 11, 2004.
Exhibit B – Notice of Code Enforcement Violation letter dated January 30, 2009 sent certified return receipt received dated January 31, 2009.
Exhibit C – Notice of Hearing, Statement of Violation and Request for Hearing dated February 23, 2009 sent certified mail return receipt received February 24, 2009.
Exhibit D – One (1) photograph dated March 4, 2009.
Mr. Brillante moved to find that in Case No. CEB 09-019 Respondent be found not guilty of Town Code Section 16-4. Motion failed for lack of a second.
Mr. Adams moved to find that in Case No. CEB 09-019 Respondent be found guilty in violation of Town Code Section 16-4. Ms. Braunlich seconded. Motion carried unanimously.
G. CEB Case Number 09-020 405 Miramar LLC
405 North Miramar Avenue
Indialantic, Florida 32903
405 North Miramar Avenue, Indialantic, Florida 32903
Town Code Section Numerous Fire Department issues.
Town Code Section 13-9
Attorney Gougelman swore in Fire Chief Jon Macdonald and Attorney Crockett qualified him as an expert in Fire Code and Fire Code Enforcement.
Attorney Gougelman stated for the record that Respondent was not in the audience.
Attorney Crockett elicited testimony from Fire Chief Macdonald. Fire Chief Macdonald testified that as of March 4, 2009 Respondent was not in compliance.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated January 30, 2009 sent certified mail return receipt received January 31, 2009.
Exhibit B – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail return receipt dated February 23, 2009 and received February 24, 2009.
Mr. Adams moved to find that in Case No. CEB 09-020 Respondent be found guilty in violation of NFPA Life Safety Code 101 as adopted in Town Code 7-60(b) and NFPA 70(3)(A)(1)(6) and Respondent be given 15 days to comply or face a fine of $100.00 per day for each day the violation continues. Ms. Preece seconded. Motion carried unanimously.
H. CEB Case Number 09-021 Indialantic One Condominium
Homeowners Association
601 North Miramar Avenue
Units 101 & 302
Indialantic, Florida 32903
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Indialantic One Condominium, 601 North Miramar Avenue, Indialantic, Florida 32903
Town Code Section Numerous Fire Department issues.
Attorney Gougelman swore in Fire Chief Jon Macdonald and Attorney Crockett qualified him as an expert in Fire Code and Fire Code Enforcement.
Attorney Crockett elicited testimony from Fire Chief Macdonald. Fire Chief Macdonald testified that as of March 4, 2009 Respondent was not in compliance.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Indialantic Fire Rescue Fire Loss Management Inspection Report dated January 14, 2009.
Exhibit B – Notice of Code Enforcement Violation letter dated January 30, 2009.
Exhibit C – Notice of Code Enforcement Violation letter dated January 30, 2009 sent certified mail return receipt and returned to sender as unclaimed.
Exhibit D – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail return receipt dated February 26, 2009 and Affidavit of Service dated February 26, 2009.
Exhibit E – Two (2) photographs dated March 2, 2009.
Exhibit F – Two (2) photographs dated March 4, 2009.
Attorney Gougelman swore in James Mayes, 3172 Tusia Willow Drive, Melbourne, FL and Attorney Crockett elicited testimony from Mr. Mayes.
Mr. Brillante moved to find that in Case No. CEB 09-021 Respondent be found guilty in violation of Town Code Section Numerous Fire Department issues section 5.1, section 6.1 of NFPA 25 Chapter 5 and NFPA 70 5.8.1.1, 5.8.1.2 and that the Respondent be given 15 days to comply or face a fine of $200.00 per for each day the violation continues.
Mr. Brillante moved to amend the above motion to delete NFPA 70 and to find that in Case No. CEB 09-021 Respondent be found guilty in violation of NFPA Life Safety Code 101 as adopted in Town Code 7-60(b) and NFPA 25 Chapter 5 Section 5.1 Table 5.1, NFPA 25 Chapter 6 Section 6.1, Table 6.1 and NFPA 101 Section 5.8.1.1, 5.8.1.2 and 5.8.1.3 and the Respondent be given 15 days to comply or face a fine of $200.00 per day for each day the violation continues. Ms. Braunlich seconded. Motion carried unanimously.
6. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS
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
Town Code Section 15-34 Parking, storage on private property
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Town Code Section 15-35 Parking, storage on public property
Attorney Crockett advised that Case Number 09-002 has complied and that no evidence or testimony would be presented.
B. 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
Attorney Crockett advised that Case Number 09-006 has complied and that no evidence or testimony would be presented.
C. 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 Crockett advised that Case Number 09-010 has complied and that no evidence or testimony would be presented.
D. 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 Crockett advised that Case Number 09-011 has complied and that no evidence or testimony would be presented.
E. 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
Attorney Crockett advised that Case Number 09-013 has complied and that no evidence or testimony would be presented.
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7. UNFINISHED BUSINESS
None
8. OTHER
None
9. NEW BUSINESS
Chairperson Frye received clarification from Attorney Crockett on the viewing of the colored photographs among the board members since black and white photographs are included in the members’ packets.
Ms. Braunlich requested that in future board packets the Statement of Violation and Request for Hearing be presented as the first page.
10. ADJOURNMENT
Next meeting is April 1, 2009 at 6:00 p.m.
Meeting adjourned at 8:35 p.m.
______________________________ __________________________
Ronald David Frye, Chairperson Julie Anne Holmgren, Secretary