February 1, 2012

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[ Code Enforcement Board - Meeting Minutes ]
February 1, 2012

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
February 2, 2012 Council Chambers at 6:00 p.m.
MINUTES 12-02

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

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

2. ROLL CALL
The secretary called the roll.

3. APPROVAL OF MINUTES
November 2, 2011; 12-01

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

4. OPENING STATEMENT
Chairman Frye read the opening statement.

5. VIOLATION HEARINGS
A. C.E.B. Case Number 12-002
William Kokotis, 508 Latania Palm Drive, Indialantic, Florida 32903

Town Code Section 5.5-64 – Paved and unpaved areas

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

Mr. Stokes advised the Board the violation has not come into compliance.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit A: 2 pages to include –Notice of Code Enforcement Violation; track and confirm with return receipt

Town’s Exhibit B: 2 pages to include – photos of the parking lot

Town’s Exhibit 3: 5 pages to include – Track and confirm, return mail, Notice of Hearing, Statement of Violation and Request for Hearing (2 pages)

Town’s Exhibit 4: Track ad confirm with return receipt, Notice of Hearing, Statement of Violation and Request for Hearing (2 pages)

Mr. Harrison moved in view of the evidence and/or testimony presented to this Board in Case No. 12-002, that the respondent, Mr. William Kokotis and MLB AAA Investments, LLC be found guilty of a violation of Town Code Section 5.5-64 and be given thirty (30) days to come into compliance. Mr. Campbell seconded. Motion carried unanimously.

B. C.E.B. Case Number 12-004
David W. Fraley and Christine D. Witte, 303 Deland Avenue, Indialantic, Florida 32903

Town Code Section 5.5-71 – Fences and walls

Mr. Stokes noted the property has a pool with a barrier fence around it and is currently not in compliance.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit A: 2 pages to include photos of the fence

Town’s Exhibit B: Notice of Code Enforcement Violation, track and confirm, unclaimed certified letter, second Notice of Code Enforcement Violation, third Notice of Code Enforcement Violation, fourth Notice of Code Enforcement Violation and track and confirm with return receipt

Town’s Exhibit C – 4 pages to include track and confirm with return receipt, Notice of Hearing and Statement of Violation and Request for Hearing

David Fraley, 303 Deland Avenue, owner of the property advised that he had spoken to Town Manager Chinault and noted the slats on the west side of the fence had been fixed. Mr. Fraley also advised the Board that on the eastside of the property there is a sinkhole in the right-of-way, which belongs to AT&T.

Mr. Adams moved in view of the evidence and/or testimony presented to this Board in Case No. 12-004, that the respondent, David W. Fraley and Christine D. Witte, be found guilty of a violation to Town Code Section 5.5-71 and be given until May 1, 2012 to come into compliance and if compliance is not met, a fine of $50.00 be imposed for each day the violation continues. Vice-Chairman Brillante seconded. Motion carried unanimously.

C. C.E.B. Case Number 12-005
Wayne R. Denison, 441 Second Avenue, Indialantic, Florida 32903

Town Code Section 17-103 – Parking, storage and use of certain vehicles

Mr. Stokes advised the property is in compliance.

Attorney Columbo submitted the following into evidence:

Town’s Exhibit A 7 pages to include – Notice of Code Enforcement Violation, Findings of Fact, Conclusions of Law and Order

Town’s Exhibit B 4 pages to include – Track and confirm with return receipt, Notice of Hearing, Statement of Violation and Request for Hearing

The Board has agreed to table this case until the next regular meeting.

6. OTHER
Attorney Gougelman noted there is new case law for Code Enforcement Boards. Attorney Gougelman advised the board if they find that a respondent is found guilty of a violation for the first time than they have to give the respondent time to come into compliance. If the respondent does not comply than a second hearing shall be held to impose a fine. If the respondent is a repeat violator than only one hearing is necessary. The Board was given a new form as a guide.

The Board would like Mr. Stokes to do monthly inspections of the Fraley property.

Attorney Colombo will speak to Town Manager Chinault regarding the 48-hour rule for boats in the front yard.

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

8. REPORT OF NON COMPLIANCE WITH PREVIOUS ORDERS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

11. ADJOURNMENT
Mr. Harrison moved to adjourn at 7:33 PM. Mr. Campbell seconded. Motion carried unanimously

___________________________________
Ron Frye, Chairperson

________________________
Jennifer M. Fortin, Secretary