April 6, 2011

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
April 6, 2011

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
April 6, 2011 Council Chambers at 6:00 p.m.
MINUTES 11-04

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

ABSENT
Ronald David Frye, Chairperson (excused)

1. CALL TO ORDER AT 6:00 P.M.
Vice Chairperson Brillante called the meeting to order at 6:00 p.m.

2. ROLL CALL
The secretary called the roll.

3. APPROVAL OF MINUTES
January 5, 2011; 11-03

Mr. Adams moved to approve the minutes as written. Mr. Harrison seconded. Motion carried unanimously.

4. OPENING STATEMENT
Vice-Chairperson Brillante read the opening statement.

5. VIOLATION HEARINGS
A. C.E.B. Case Number 11-005 Charles E. Westenhofer, Jr. & Sharon L. Westenhofer
1326 South Riverside Drive
Indialantic, Florida 32903
Town Code Section 17-105. Swimming pools.

Attorney Colombo noted the violation is in temporary compliance with a 6 foot chain link fence around the pool.

B. C.E.B. Case Number 11-006 Asset Home Realty L.L.C. & Fifth Avenue Office LLC,
422 Fifth Avenue
Indialantic, Florida 32903
ATTN: Dan Lambdin
Town Code Section 9 6. Delinquency penalty.
Town Code Section 9 7. Penalty for doing business without business tax receipt.

Attorney Colombo noted the violation has been complied with.

C. C.E.B. Case Number 11-007 Rio Mar Apartments
130 Fifth Avenue
Indialantic, Florida 32903
ATTN: Craig Bobbitt
Town Code Section 9 6. Delinquency penalty.
Town Code Section 9 7. Penalty for doing business without business tax receipt.

Attorney Colombo noted the violation has been complied with.

D. C.E.B. Case Number 11-008 American Quest Beachwear
100 Fourth Avenue
Indialantic, Florida 32903
-and-
General Electric Capital Corporation
C/O Thompson & Brooks
412 East Madison Street
Suite 900
Tampa, Florida 33602
Town Code Section 17-106.3(6)(a), (b) and (c) – Permitted temporary signs
Town Code Section 17-106.4(6)(g) – Signs authorized in the various zoning districts

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

Mr. Stokes noted that a sign permit application was submitted but was denied because more information was needed. Ely Bendayan from American Quest Beachwear was notified to provide more information but failed to follow up with the information needed. The original application was for four banners but the code only allows for one 3×5 banner.

Town’s Exhibit “A” (8 pages) entered in as evidence – (Notice of Violation, original banner permit request, drawing of banner placement, pictures of banners hanging (one in the store and one on a sign pole by road), verification of inactive status from the Florida Department of State Division of Corporations, certified and return receipt and track and confirm).

Town’s Exhibit “B” (7 pages) entered into evidence – (Notice of Hearing, certified and return receipt and track and confirm).

Michelle Bendayan, manager of American Quest Beachwear, advised that the store was going to close and that the signs are helping a lot with moving the inventory that is still in the store.

Mr. Harrison moved to find American Quest Beachwear and General Electric Capital Corporation, in violation of Town Code Section 17-106.3(6)(a), (b) and (c) – Permitted temporary signs – and Town Code Section 17-106.4(6)(g) – Signs authorized in the various zoning districts – and that the respondents be given one (1) calendar day to come into compliance or face a fine of $250.00 per day per violation. Mr. Campbell seconded. Motion carried unanimously.

6. OTHER

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

8. REPORT OF NON COMPLIANCE WITH PREVIOUS ORDERS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

11. ADJOURNMENT
Mr. Adams moved to adjourn at 6:50 PM. Mr. Campbell seconded. Motion carried unanimously

______________________________ __________________________
Orlando Brillante, Vice-Chairperson Jennifer M. Fortin, Secretary