October 7, 2009

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
October 7, 2009

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
October 7, 2009 Town Hall 6:00 p.m.
MINUTES NO. 10-01

PRESENT ABSENT
Ronald David Frye, Chairperson Ronald Campbell, Member Orlando Brillante, Vice Chairperson Todd Harrison, Member
Henry Adams, Member
Joseph G. Colombo, Sr., Prosecuting Attorney
Paul Gougelman, Town Attorney
Clifford Stokes, Code Enforcement Officer & Building Official
Jennifer M. Fortin, Secretary

1. CALL TO ORDER 6:00 P.M.
Chairperson Frye called the meeting to order at 6:05 p.m.

2. ROLL CALL
The secretary called the roll.

3. APPROVAL OF MINUTES
Minutes 09-06, September 2, 2009
Mr. Adams moved to approve the minutes of September 2, 2009. Mr. Brillante seconded.
Motion carried unanimously.

4. OPENING STATEMENT
Chairperson Frye read the opening statement.

5. VIOLATION HEARINGS

A. C.E.B. Case Number 10-001 Spectrum Surf Shop of Brevard (Spectrum Surf Shop)
130 Fifth Avenue
Indialantic, Florida 32903

Town Code Section 17-106.4 – Signs authorized in various zone districts

Attorney Gougelman swore in Mr. Stokes and Attorney Colombo qualified him as an expert in Code Enforcement. For the record, the Board recognizes Mr. Stokes as an expert in Code Enforcement.

Attorney Colombo elicited testimony from Mr. Stokes regarding transient signs. Mr. Stokes also testified that as of today, October 7, 2009, Respondent is partial compliance.

Attorney Colombo entered into the record as Town Exhibits the following documents:
Exhibit A – Picture of store side with signage in windows without a permit.
Exhibit B – Front view and back rear view of store with signage in windows without permits (2 pages total).
Exhibit C – Notice of Code Enforcement Violation letter, Hearing, sent certified mail return receipt dated May 13, 2009, August 28, 2009, September 1, 2009, September 22. 2009 (27 pages total).
Exhibit D – Statement of Violation and Request for Hearing (2 pages total)

Attorney Gougelman swore in Ms. Monique Richter and she noted she didn’t know she needed any permits for signs but will take all signs down to comply.

Mr. Brillante moved to find that in Case No. CEB 10-001 Respondent be found in violation of Indialantic Town Code 17-106.4 (6)(F)(1)(a)(f) and that the Respondent be given fourteen (14) hours to comply with Indialantic Town Code 17-106.4 (6)(F)(1)(f) or face a fine of $50.00 per day for each day the violation continues beyond fourteen (14) days. Mr. Adams seconded. Motion carried unanimously.

B. C.E.B. Case Number 10-002 David W. Fraley & Christine D. Witte
303 Deland Avenue
Indialantic, Florida 32903
Town Code Section- 5.5-71 Fences and walls

Attorney Gougelman swore in Mr. Stokes and Attorney Colombo qualified him as an expert in Code Enforcement. For the record, the Board recognizes Mr. Stokes as an expert in Code Enforcement.

Attorney Colombo elicited testimony from Mr. Stokes. Mr. Stokes also testified that as of today, October 7, 2009, Respondent is partial compliance.

Attorney Gougelman swore in Mr. Fraley. Mr. Fraley stated he is in compliance as he fixed his fence today.

Mr. Adams moved to find that in Case No. CEB 10-002 Respondent be found in violation of Indialantic Town Code 5.5-71 and the respondent be given ten (10) days to come into compliance or face a fine of $50.00 per day for each day the violation continues beyond ten (10) days. Mr. Brillante seconded. Motion carried unanimously.

6. REPORT OF NON-COMPLIANCE WITH PREVIOUS ORDERS

A. C.E.B. Case Number 09-030 Ocean Crest Condominium Association, Inc.
50 Eleventh Avenue
Indialantic, Florida, 32903
Attn: David L. Bryant, Wendy E. Murray, Susan Webster,
Michael M. Wallis
Town Code Section 7-61 – Wet standpipe and hose systems required
Town Code Section 7-62 – Fire Alarm systems required

Mr. Stokes noted that they are still in non-compliance but they also have eighteen (18) months to comply.

B. C.E.B. Case Number 09-034 American Quest Beachwear
100 Fourth Avenue
Indialantic, Florida 32903
Town Code Section – 17-106.4 Signs authorized in the various zoning districts

Mr. Stokes noted that American Quest Beachwear has not complied and their fines are still accruing.

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS
None.

8. UNFINISHED BUSINESS
None

9. NEW BUSINESS
None

10. ADJOURNMENT

Mr. Brillante moved to adjourn at 7:15 p.m. Mr. Adams seconded. Motion carried unanimously

______________________________ __________________________
Ronald David Frye, Chairperson Jennifer M. Fortin, Secretary