September 7, 2011

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[ Code Enforcement Board - Meeting Minutes ]
September 7, 2011

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
September 7, 2011 Council Chambers at 6:00 p.m.
MINUTES 11-07

PRESENT
Ronald David Frye, Chairperson
Orlando Brillante, Vice Chairperson
Ronald Campbell, 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
Todd Harrison, Member

1. CALL TO ORDER AT 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
May 4, 2011; 11-05

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

4. OPENING STATEMENT
Chairperson Frye read the opening statement.

5. VIOLATION HEARINGS
A. C.E.B. Case Number 11-012
Fifth Avenue Partners -and- The Burrito Ranch Company
PO Box 33279 2 Fifth Avenue
Indialantic, Florida 32903 Indialantic, Florida 32903
ATTN: Michael Montgomery ATTN: Antonia Garayalde

Fifth Avenue Partners, LLC
1243 North Harbor City Blvd., Suite A
Melbourne, Florida 32935
ATTN: Michael Montgomery

Town Code Section 17-106.2(2)(a) – Prohibited signs

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

Attorney Colombo submitted the following into evidence:

Town’s Exhibit 1: 4 pages to include – Numerous Warnings: Notice of Code Enforcement Violation; track and confirm with return receipt; proof sent by certified mail; return to sender unclaimed by Fifth Avenue Partners, LLC PO Box 33279, Indialantic, Florida.

Town’s Exhibit 2: 3 pages to include – note from Town Manager Chinault noting code violation; Notice of Code Enforcement Violation letter; track and confirm with return receipt.

Town’s Exhibit 3: 10 pages to include – Notice of Hearing (2 pages); track and confirm with return receipt; Sunbiz.org address information of owner (2 pages); certified receipt; return to sender not deliverable as addressed – unable to forward; office message from Michael Montgomery with phone number; fax transmission sheet to Michael Montgomery (2 pages).

Town’s Exhibit 4: 5 pages to include – picture dates 7-30-2011 of violation; e-mail with picture taken 7-2-2011; e-mail with attachments dates 7-30-2011; picture dates 7-30-2011; picture taken 7-30-2011 (note all pictures taken by Town Manager Chinault).

Attorney Colombo recommended the violator be fined $250.00 per day per violation at the request of the Town.

Attorney Gougelman noted that Fifth Avenue Partners were not properly notified, therefore the Board can not take any action against them, but can with The Burrito Ranch Company.

Mr. Adams moved to find The Burrito Ranch Company and Antonia Garayalde in violation of Town Code Section 17-106.2(2)(a) and be given 5 days to come into compliance or face a fine of $250.00 per day for each day the violation continues. Mr. Campbell seconded. Motion carried unanimously.

B. CEB Case Number 11-013
Timothy Deratany -and- El Fogon Restaurant
503 Fifth Avenue 409 Fifth Avenue
Indialantic, Florida 32903 Indialantic, Florida 32903

Town Code Section 17-106.2(2)(a) – Prohibited signs

Attorney Gougelman reminded Mr. Stokes he was still under oath.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit 1: 2 pages to include – note from Town Manager Chinault noting code violation; Notice of Code Enforcement Violation letter.

Town’s Exhibit 2: 3 pages to include – Notice of Code Enforcement Violation letter; track and confirm with return receipt (2 pages).

Town’s Exhibit 3 – 5 pages to include – Notice of Hearing (3 pages); track and confirm with return receipt (2 pages).

Town’s Exhibit 4 – 12 pages to include – e-mail with photo dates 7-23-2011 (2 pages); photo dates 7-30-2011; e-mail with photos attached dated 7-30-2011; photo dated 7-30-2011; photo dated 7-30-2011; email with photos attached dated 8-6-2011; photo dates 8-6-2011; e-mail dated 8-17 noting violation; e-mail dated 8-22-2011 noting violation; e-mail with photo attached dated 8-29-2011; e-mail dated 9-5-2011 with photo attached. (note – all photos taken by Town Manager Chinault)

Attorney Colombo recommended the violator be fined $250.00 per day per violation at the request of the Town.

Attorney Gougelman swore in Ana Roland, owner of El Fogon Restaurant.

Ms. Roland admitted being guilty out of ignorance and not checking with the Code Officer first. She was taking the word of a friend. She noted she was in compliance and it would not happen anymore.

Vice-Chairman Brillante moved to find to El Fogon and Timothy Deratany in compliance at this time of Town Code Section 17-106.2(2)(a). However if they should be found in violation in the future it would be considered a repeat violation and could face a possible fine of $250.00 per day for each day the violation continues. Mr. Adams seconded. Motion passed with Chairman Frye, Vice-Chairman Brillante and Mr. Adams voting “aye” and Mr. Campbell voting “nay”.

6. OTHER

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

A. CEB Case Number 11-008 REPEAT VIOLATOR
General Electric Corporation -and- American Quest Beachwear
C/O Thompson & Brooks 100 Fourth Avenue
412 East Madison Street, Suite 900 Indialantic, Florida 32903
Tampa, Florida 33602

Town Code Section 17-106.3(6)(a)(b)(c) – Permitted temporary signs
Town Code Section 17-106.4(6)(g) – Signs authorized in the various zoning districts

The secretary noted the imposed fine of $1,300.00 was paid on July 26, 2011.

8. REPORT OF NON COMPLIANCE WITH PREVIOUS ORDERS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

11. ADJOURNMENT
Mr. Adams moved to adjourn at 7:02 PM. Vice-Chairman Brillante seconded. Motion carried unanimously

___________________________________
Ronald Frye, Chairperson

________________________
Jennifer M. Fortin, Secretary