September 2, 2009

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
September 2, 2009

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
September 2, 2009 Town Hall 6:00 p.m.
MINUTES NO. 09-06

PRESENT
Ronald David Frye, Chairperson
Orlando Brillante, Vice Chairperson
Henry Adams, Member
Ronald Campbell, Member
Todd Harrison, Member
Joseph G. Colombo, Sr., 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 6:00 p.m.

2. ROLL CALL
The secretary called the role.

3. APPROVAL OF MINUTES
Minutes 09-05, July 1, 2009
Mr. Adams moved to approve the minutes of July 1, 2009. Mr. Harrison seconded.
Motion carried unanimously.

4. OPENING STATEMENT
Chairperson Frye read the opening statement.

5. VIOLATION HEARINGS

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

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, September 2, 2009, Respondent is not in compliance.

Attorney Colombo entered into the record as Town Exhibits the following documents:
Exhibit 1 – Notice of Code Enforcement Violation dated July 31, 2009 sent certified mail return receipt (11 pages total).
Exhibit 2 – Letter from Mosley & Wallis, PA to Clifford Stokes dated August 26, 2009
(3 pages total).
Exhibit 3 – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail return receipt dated August 17, 2009 (11 pages total).

Attorney Gougelman swore in Fire Chief Jon Macdonald and Attorney Colombo qualified him as an expert in Fire Code and Fire Code Enforcement. For the record, the Board recognizes Fire Chief Macdonald as an expert in Fire Code and Fire Code Enforcement.

Attorney Colombo elicited testimony from Chief Macdonald. Chief Macdonald also testified that as of today, September 2, 2009, Respondent is not in compliance with regard to NFPA Life Safety Code 101 as adopted in Indialantic Town Code 7-60, 7-61 and 7-62 and NFPA 88A Section 6.2 and NFPA 101 31.3.4.

Attorney Colombo entered into the record as Town Exhibits the following documents:
Exhibit 4 – Letter from Jon E. Macdonald, Fire Chief Indialantic to Ocean Crest Condominium Association dated April 28, 2009 (1 page total).

Attorney Gougelman swore in Ms. Wendy E. Murray and Attorney Colombo elicited testimony from Ms. Murray.

Attorney Gougelman swore in Ms. Rosemarie Sauer and Attorney Colombo elicited testimony from Ms. Sauer.

Mr. Harrison moved to find that in Case No. CEB 09-030 Respondent be found guilty in violation of NFPA Fire and Life Safety Codes as adopted in Indialantic Town Code 7-60, 7-61 and 7-62 with reference to NFPA 88A Section 6.2 and NFPA 101 31.3.4 and that the Respondent be given twelve (12) months to comply with Indialantic Town Code 7-62 or face a fine of $50.00 per day for each day the violation continues and that Respondent also be given eighteen (18) months to comply with Indialantic Town Code 7-61 or face a fine of $50.00 per day for each day the violation continues. Mr. Campbell seconded. Motion carried unanimously.

B. C.E.B. Case Number 09-032 Islands Fish Grill
111 Fifth Avenue
Indialantic, Florida 32903
Attn: Karen Maltese
Town Code Section- 6-171 Response to alarm; determination of validity
Town Code Section- 6-172 Fee assessments for excessive false alarms

Attorney Colombo advised that Case Number 09-032 has complied and that no evidence or testimony would be presented.

C. C.E.B. Case Number 09-033 Boardwalk Burrito Company
2 Fifth Avenue
Suite C
Indialantic, Florida 32903
Town Code Section- 6-171 Response to alarm; determination of validity
Town Code Section- 6-172 Fee assessments for excessive false alarms

Attorney Colombo advised that Case Number 09-033 has complied and that no evidence or testimony would be presented.

D. 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

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, September 2, 2009, Respondent was not in compliance with Town Code Section 17-106.4. Mr. Stokes stated for the record that Respondent was not in the audience.

Attorney Colombo entered into the record as Town Exhibits the following documents:
Exhibit 1 – Notice of Code Enforcement Violation dated May 6, 2009 and Affidavit of Service dated May 6, 2009 (4 pages total).
Exhibit 2 – Notice of Hearing and Statement of Violation and Request for Hearing dated August 18, 2009 and Affidavit of Service dated August 18, 2009 (4 pages total).
Exhibit 3 – Four (4) photographs taken March 13, 2009 (8 pages total).

Mr. Brillante moved to find that in Case No. CEB 09-034 Respondent be found guilty in violation of Town Code Section 106.4(6)(f)1.a. & b. and that the Respondent be given 10 days to comply or face a fine of $50.00 per day for each day the violation continues and 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 $50 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, Mr. Harrison moved to amend the motion to find that in Case No. CEB 09-034 Respondent be found guilty in violation of Town Code Section 106.4(6)(f) 1.a.b. & f. and that the Respondent be given two (2) days to comply or face a fine of $125.00 per day for each day the violation continues. Mr. Adams seconded.

After additional discussion, Mr. Harrison moved to amend the amended motion to find that in Case No. CEB 09-034 Respondent be found guilty in violation of Town Code Section 106.4(6)(f) 1.a.b. & f. and that the Respondent be given 5 days to comply or face a fine of $125.00 per day for each day the violation continues. Mr. Adams seconded. Motion carried unanimously.

6. REPORT OF NON-COMPLIANCE WITH PREVIOUS ORDERS

None.

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

None.

8. UNFINISHED BUSINESS
C.E.B. Case Number 09-027 James E. Soderlund, Jr.
Post Office Box 33426
Indialantic, Florida 32903
419 Oakland Avenue, Indialantic, Florida 32903
Town Code Section 5.5-67 Building exteriors

Attorney Colombo advised that Case Number 09-027 has complied and that no evidence or testimony would be presented.

9. NEW BUSINESS
None

10. ADJOURNMENT

Meeting adjourned at 7:45 p.m.

______________________________ __________________________
Ronald David Frye, Chairperson Julie Anne Holmgren, Secretary