TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
February 5, 2003 Town Hall 7:00 PM
MINUTES NO. 03-02
1. CALL TO ORDER 7:00 P.M.
Todd Harrison chaired the meeting in the absence of Mr. Brillante.
2. ROLL CALL
PRESENT EXCUSED
Ronald Campbell, Member John Fallon, 1st Alt.
Nancee J. Hay, Member
David Hallac, 2nd Alt.
Paul Gougelman, Town Attorney
Cathy Spafford, Code Enforcement Officer
Shirlee Walker, Secretary
3. APPROVAL OF PRIOR MEETING MINUTES
Ms. Preece moved that Minutes 03-01, October 30, 2002 be approved as written. Ms. Hay seconded. Motion passed unanimously.
4. OPENING STATEMENT
V. Chairman Harrison read the opening statement.
5. VIOLATION HEARINGS
Juanita Cobb Ussery
335 Miami Avenue
Indialantic, FL 32903
Violation location: 210 Deland Avenue
Code Section 5.5-67 Peeling paint
CEB No. 03-02 Djon Pepaj (Property Owner)
Melinda Pepaj
1001 S. Riverside Dr.
Indialantic, FL 32903
Melvin Hale (Business Owner)
Hale’s Gallery
205 Fifth Avenue
Indialantic, FL 32903
Violation location: 205 Fifth Avenue
17-106.2(2)(a) Portable sign
Attorney Gougelman swore in Code Enforcement Officer Spafford.
Ms. Spafford was qualified as an expert in the field of code enforcement by Atty. Novak and testified to the following:
·Djon Pepaj, property owner of 205 Fifth Avenue (Hale’s Gallery by the Sea) was notified on November 20, 2002 of the prohibited sign. A deadline of November 27, 2002 was given for removal. The deadline was not met.
·On December 12, 2002 a Notice of Code Violation was mailed certified to Djon Pepaj, Melinda Pepaj, property owners and Melvin Hale, owner of Hale’s Gallery by the Sea. A deadline of December 17, 2002 was given for removal. The deadline was not met.
·On January 9, 2003 a Statement of Violation and Notice of Hearing was mailed certified to Djon Pepaj, Melinda Pepaj, property owners and Melvin Hale, owner of Hale’s Gallery by the Sea.
To date the sign remains in front of the business at 205 Fifth Avenue.
A photo of the sign was introduced into evidence.
No Respondent was present.
V. Chairman Harrison closed the Hearing for discussion.
Ms. Preece moved to find Djon Pepaj, Melinda Pepaj and Melvin Hale in violation of Town Code Section 17-106.2(2)(a) with 5 days to comply. If compliance is not met a fine of $25.00 per day be imposed. Mr. Hallac seconded.
Mr. Campbell asked that the motion be amended to impose a daily fine of $100.00. Ms. Preece accepted the amendment. Ms. Hay seconded the amendment.
After discussion, the motion was amended as follows: Ms. Preece moved to find Djon Pepaj, Melinda Pepaj and Melvin Hale in violation of Town Code Section 17-106.2(2)(a). If compliance is not met within 24 hours after receipt of the Findings of Fact, Conclusions of Law and Order, a fine of $100.00 per day is to be imposed. Mr. Hallac seconded. Motion passed unanimously.
The Findings of Fact, Conclusions of Law and Order will be written by Atty. Novak after this meeting for delivery by the Police Department on February 6, 2003.
6. REPORT OF COMPLIANCE OR NON-COMPLIANCE WITH PREVIOUS ORDERS
CEB No. James E. Dunning
321 Melbourne Avenue
Indialantic, FL 32903
Code Section 17-99(a)(1) & (2) Enclosed garage-no replacement
Benchmark schedule issued by the Board on May 22, 2002 has been satisfied to date
Ms. Spafford verified that Mr. Dunning is keeping the benchmark schedule ordered by the Board.
7. UNFINISHED BUSINESS
Diane Young
Indialantic, FL 32903
Code Section 15-20(a) Commercial vehicle
Atty. Novak drafted a revision of Town Code Section 15-20(a) addressing commercial vehicles. After input from staff, Atty. Novak wishes to further revise the draft before presenting to the Board at the next meeting.
CEB No. 00-06 Victoria Manrodt
1010 Wavecrest Avenue
Indialantic, FL 32903
Code Section 17-105(6) stagnant, unsanitary swimming pool
(17-105(5) was changed to 17-105(6) January 16, 2001)
Atty. Novak informed the Board of a pending sale of this property. On January 22, 2003, a letter from the buyer, Dominick Villano advised of a March closing. Mr. Villano requested that the town allow him to rehabilitate the pool for use by the proposed development of the property.
The Board was receptive to allowing enough time for the closing of the sale and rehabilitation of the pool. Ms. Spafford confirmed that the old fence around the pool has been removed and not replaced. Due to safety issues regarding the unfenced pool the Code Enforcement Officer will address the fence violation.
8. OTHER
230 Third Avenue
Indialantic, FL 32903
CEB No. 01-05 Stephen M. Laham
Molli L. Laham
520 N. Riverside Dr.
Indialantic, FL 32903
Lien released, fine of $8,693.46 waived by the Town Council December 17, 2002
The Board discussed with Attorney Gougelman, the authority of the Town Council to release liens and waive fines issued by this Board.
9. NEW BUSINESS
Ms. Hay moved to adopt the Rules of Procedure. Mr. Campbell seconded. Motion passed unanimously.
B. Election of Chairman and Vice Chairman
Ms. Preece nominated Todd Harrison as Chairman. Mr. Hallac seconded.
Ms. Preece moved to close the nominations. Ms. Hay seconded. Motion passed unanimously.
Ms. Preece nominated Ron Campbell as V. Chairman. Mr. Hallac seconded.
Ms. Preece moved to close the nominations. Ms. Hay seconded.
Motion passed unanimously.
The Secretary was asked to record in the minutes a unanimous vote for both offices.
10. ADJOURNMENT
V Chairman Harrison adjourned the meeting at 8:05 p.m.
Todd Harrison, Chairman
Shirlee Walker, Secretary