October 5, 2010

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
October 5, 2010

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
October 5, 2010 Town Hall 6:00 p.m.
MINUTES NO. 11-01

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

ABSENT
Todd Harrison, Member
Ronald Campbell, Member (excused)
Tony Laginess, Member

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 roll.

3. APPROVAL OF MINUTES

Minutes 10-04, August 4, 2010
Mr. Adams moved to approve the minutes of August 4, 2010. Mr. Brillante seconded. Motion carried unanimously.

4. OPENING STATEMENT

Chairperson Frye read the opening statement.

5. VIOLATION HEARINGS

A. C.E.B. Case Number 11-001 The Burrito Ranch Co., 2 Fifth Avenue, Suite C,
Indialantic, Florida 32903
And
Fifth Avenue Partners, LLC, PO Box 33279
Indialantic, Florida 33903

Town Code Section 17-106.4(6)(c) Signs authorized in the various zoning districts – attached and painted signs
Town Code Section 17-106.4(6)(d) Signs authorized in the various zoning districts – permanent door and window signs

Attorney Gougelman swore in Mr. Stokes and Attorney Colombo qualified him as an expert in code enforcement and building inspection.

Mr. Stokes noted The Burrito Ranch Company is in compliance with Town Code Section 17-106.4(6)(c) – signs authorized in the various zoning districts – attached and painted signs.

Mr. Stokes testified that a notice of violation was hand delivered to Sisy Fernandez, Manager of The Burrito Ranch Company on August 12, 2010, after the certified letter was refused. A certified notice was also mailed to Fifth Avenue Partners.

Town’s Exhibit “1” (2 pages) entered in as evidence – (Notice of Violation)

Town’s Exhibit “B” entered in as evidence (6 pages) – (certified return receipt from USPS track and confirm, refusal of certified from The Burrito Ranch Company, and Affidavit of service)

Town’s Exhibit “C” (3 pages) entered in as evidence – (Notice of Hearing and Statement of violation ad request for hearing)

Town’s Exhibit “D” (4 pages) entered in as evidence – (certified return receipt from USPS track and confirm)

Town’s Exhibit “E” (3 pages) entered in as evidence – (pictures taken by Clifford Stokes, Code Enforcement Officer at ~ 11:15 am on 10/5/10.

Attorney Gougelman swore in Sisy Fernandez, manager for The Burrito Ranch Company.

Ms. Fernandez noted the owner has ordered a blackout screen to cover the words in violation of the sign ordinance.

Mr. Stokes recommended The Burrito Ranch Company come into compliance within fifteen (15) days or face a fine of $250.00 per day the violation continues beyond the fifteen days.

Mr. Brillante moved to find The Burrito Ranch Company and Fifth Avenue Partners, in violation of Town Code Sections 17-106.4(6)(d) Signs authorized in the various zoning district – permanent door and window signs and give The Burrito Ranch Company fifteen (15) calendar days to come into compliance with the Town ordinance or face a fine of $100.00 per day the violation continues beyond the fifteen (15) days. Mr. Campbell seconded. Motion carried unanimously.

6. OTHER

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

A. C.E.B. Case Number 10-017 Joe the Barber, 402 Fifth Avenue, Indialantic, Florida 32903
And
Malabar Properties, LLC, 17517 Canal Shores Drive
Odessa, Florida 33556

Town Code Section 9-6 Delinquency Penalty
Town Code Section 9-7 Penalty for doing business without a business tax receipt

Mr. Stokes noted Joe the Barber and Malabar Properties, LLC are in compliance.

B. C.E.B. Case Number 10-019 William H. & Janice A. Sargent Nutt, 201 Tampa Avenue,
Indialantic, Florida 32903

Town Code of Ordinance 13-2 Damaging, removing materials from (street, ROW or sidewalk)
Town Code of Ordinance 13-7 Encroachments preventing traffic

Mr. Stokes noted Mr. Nutt is in compliance.

8. REPORT OF NON_COMPLIANCE WITH PREVIOUS ORDERS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

11. ADJOURNMENT

Mr. Adams moved to adjourn at 6:33 PM. Mr. Brillante seconded. Motion carried unanimously

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