TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
February 8, 2007 Town Hall 7:00 PM
PRESENT
Ronald Campbell, Chairman
Orlando Brillante, Member
Keith Mauter
Betty Preece
Beverly Goldner, 1st Alt.
Suzanne Crockett, Prosecuting Attorney
Cliff Stokes, Code Enforcement Officer
Victoria M. Twitty-Mercer, Administrative Assistant
Julie Anne Holmgren, Secretary
ABSENT None
1. CALL TO ORDER 7:00 P.M.
Chairman Campbell called the meeting to order at 7:00 P.M. Chairman Campbell announced that Ray Young has resigned from the Board.
2. ROLL CALL
The secretary called the role.
3. APPROVAL OF MINUTES – November 8, 2006
Mr. Brillante moved to approve the minutes. Mr. Harrison seconded. Motion passed unanimously.
4. OPENING STATEMENT
Chairman Campbell read the opening statement.
5. VIOLATION HEARINGS
A. CEB Case Number 07-006Wayne R. Denison
441 Second Avenue
441 Second Avenue, Indialantic, Florida 32903
Town Code Section 17-103. Parking, storage, and use of certain vehicles.
Attorney Gougelman swore in Mr. Stokes and Attorney Crockett qualified him as an expert in Code Enforcement.
Attorney Crockett elicited testimony from Mr. Stokes establishing the existing violation. Attorney Crockett entered into the record as Town Exhibits the following documents: Courtesy Notice postcard sent June 27, 2006; Courtesy Notice postcard comply within the next 48 hours dated June 30, 2006; Notice of Code Violation letter sent certified mail return receipt dated July 24, 2006; Notice of Code Violation letter received certified mail return receipt dated July 25, 2006; two (2) pictures dated July 25, 2006; one (1) picture dated November 30, 2006; Notice of Code Violation letter sent certified mail return receipt dated December 1, 2006; Notice of Code Violation letter received certified mail return receipt dated December 5, 2006; Notice of Hearing letter sent certified mail return receipt dated January 30, 2007; Notice of Hearing letter received certified mail return receipt dated February 1, 2007.
Mr. Stokes testified that he inspected said premises as of today’s date and Mr. Denison has come into compliance; however prior to today, this matter was continuous.
Attorney Gougelman swore in Mr. Denison who testified that there were times he had kept the boat in the driveway for more than 48 hours, however, he stated that he is now in compliance.
Mr. Brillante moved to find that in Case No. 07-006 Wayne R. Denison be found guilty in violation of Code Section 17-103 and that the Respondent be given zero (0) days because he is already in compliance; if compliance is not met, a fine of $25.00 per day be imposed for each day the violation continues. Further, this motion is presented as a repeat violation whereby a reoccurrence of this violation, and upon presentation of an affidavit of the code enforcement officer to the Code Enforcement Board, the penalty described in the initial compliance order may be imposed without the necessity of further presentation to this board. The code enforcement officer must notify the violator of the potential imposition of an additional continuing violation penalty and the violator shall have the right to protest the procedure at the next regularly scheduled session after said notice. Mr. Mauter seconded; Motion carried unanimously.
B. CEB Case Number 07-007Maria Antonietta & Francesco Bizzarro
3078 Rio Plumosa South
Indialantic, Florida 32903
2 Wavecrest Avenue, Indialantic, Florida 32903
Town Code Section 17-129 (1)(a)(b)(3) & (4). Site plan approval.
Attorney Crockett advised that Case No. 07-007 had complied and that no evidence would be heard.
C. CEB Case Number 07-008Fifth Avenue Realty LLC
4420 Connecticut Avenue
Suite 2
Washington, DC 20008
Attorney Crockett elicited testimony from Mr. Stokes establishing the existing violations as stated below.
Attorney Gougelman swore in Sgt. Scott Elliott and Attorney Crockett qualified him as a Patrol Supervisor with the Town of Indialantic. Attorney Crockett elicited testimony from Sgt. Elliott establishing the existing violations as stated below.
Attorney Gougelman swore in Mary Carroll, Jamie Briggs and Thomas Tomas and Attorney Crockett elicited testimony from all of them.
· (a) Town Code Section 8-52 – IN COMPLIANCE
· (a) Unlawful acts (Stapling flyers to mailboxes)
Attorney Crockett advised that Respondent has complied with Town Code Section 8-52; however, Attorney Crockett entered into the record as Town Exhibits the following documents: Indialantic Police Department Complaint Log Number 06-1305 dated May 17, 2006; Notice of Code Violation letter sent certified mail return receipt dated May 23, 2006; Notice of Code Violation letter received certified mail return receipt dated May 26, 2006.
(b) 147 Fifth Avenue, Indialantic, Florida 32903
· (b) Town Code Section 13-3 – IN COMPLIANCE
· (b) Display of goods
Attorney Crockett advised that Respondent has complied with Town Code Section 13-3 Display of Goods. However, Attorney Crockett entered into the record as Town Exhibits the following documents: Indialantic Police Department Complaint Log Number 06-1482 dated May 30, 2006; Notice of Code Violation letter sent to 5th Avenue Galaxy Grille certified mail return receipt dated May 30, 2006; Notice of Code Violation letter received from 5th Avenue Galaxy Grille certified mail return receipt dated May 31, 2006.
(c) 147 Fifth Avenue, Indialantic, Florida 32903
· (c) Code Section 17-132 – IN COMPLIANCE
· (c) Outdoor cafés (Outdoor tables and chairs need to be removed immediately. Inspection and approval from the fire department as well as the building department is required prior to opening such outdoor cafés for business, and require periodically thereafter.)
Attorney Crockett advised that Respondent has complied with Town Code Section 17-132 – Outdoor cafes. However, Attorney Crockett entered into the record as Town Exhibits the following documents: Letter dated May 22, 2006 from Mary Mason Carroll, Manager, to The City of Indialantic with hand drawing of Site Plan approved by Cliff Stokes, Building Official, on June 2, 2006; proposal to Site Plan submitted by tenant Thomas Tomas which was denied by Mr. Stokes; Pictures dated November 3, 2006; November 9, 2006 and November 14, 2006; Indialantic Police Department Complaint Log Number 06-1482 dated May 30, 2006; Notice of Code Violation letter sent to Fifth Avenue Realty LLC certified mail return receipt dated May 30, 2006; Notice of Code Violation letter received from Fifth Avenue Realty LLC certified mail return receipt dated June 2, 2007.
(d) 147 Fifth Avenue, Indialantic, Florida 32903
· (d) Town Code Section 17-106.4 (6)(e).
· (d) C, C-1, and C-2 Commercial Districts. (Detached sign exceeds square footage allowed).
Attorney Crockett entered into the record as Town Exhibits the following documents: Notice of Code Violation letter sent to Fifth Avenue Realty LLC certified mail return receipt dated September 1, 2006; Notice of Code Violation letter received from Fifth Avenue Realty LLC certified mail return receipt dated September 6, 2006; photograph taken on February 8, 2007; Advertisement in November 2006 Brevard Live; Notice of Hearing sent to Fifth Avenue Realty LLC certified mail return receipt dated January 30, 2007.
Mr. Mauter moved to find that in view of the evidence and/or testimony presented to this Board in Case Number 07-008 Fifth Avenue Realty LLC be found guilty in violation of Code Section 17-106.4(6)(e) and that the Respondent be given 120 days to come into compliance; if compliance is not met, a fine of $25.00 be imposed for each day the violation continues. Ms. Preece seconded. Motion carried unanimously.
(e) 147 Fifth Avenue, Indialantic, Florida 32903
· (e) Town Code Section 17-132 – (This is not the couch)
· (e) Outdoor café (Tables are being stored outside of café area at side of building)
Attorney Crockett entered into the record as Town Exhibits the following documents: Notice of Code Violation letter sent to Fifth Avenue Realty LLC certified mail return receipt dated September 1, 2006; Notice of Code Violation letter received from Fifth Avenue Realty LLC certified mail return receipt dated September 6, 2006; Notice of Hearing sent to Fifth Avenue Realty LLC certified mail return receipt dated January 30, 2007 ; and “Documentation from Town Employees.”
In view of the evidence and/or testimony presented to this Board in Case Number 07-008, Mr. Mauter moved that the Respondent Fifth Avenue Realty LLC be found not guilty of Code Section 17-132 and that the Respondent be given zero (0) days to come into compliance and if compliance is not met, a fine of zero ($0.00) dollars be imposed for each day the violation continues. Ms. Preece seconded. After further discussion, Mr. Harrison moved for a substitute motion and that the Respondent be found guilty of a violation of Code Section 17-132 and that the Respondent be given 15 days to come into compliance; if compliance is not met, a fine of $25.00 be imposed for each day the violation continues. Further, this motion is presented as a repeat violation whereby a reoccurrence of this violation, and upon presentation of an affidavit of the code enforcement officer to the Code Enforcement Board, the penalty described in the initial compliance order may be imposed without the necessity of further presentation to this board. The code enforcement officer must notify the violator of the potential imposition of an additional continuing violation penalty and the violator shall have the right to protest the procedure at the next regularly scheduled session after said notice. Ms. Preece seconded. Motion carried unanimously.
(f) 100 Block Fifth Avenue, Indialantic, Florida 32903
· (f) Town Code Section 5.5-63
· (f) General maintenance
Attorney Crockett entered into the record as Town Exhibits the following documents: Notice of Code Violation letter sent to Fifth Avenue Realty LLC certified mail return receipt dated September 1, 2006; Notice of Code Violation letter received from Fifth Avenue Realty LLC certified mail return receipt dated September 6, 2006; Notice of Hearing sent to Fifth Avenue Realty LLC certified mail return receipt dated January 30, 2007; six (6) photographs taken February 8, 2007.
In view of the evidence and/or testimony presented to this Board in Case Number 07-008, Mr. Mauter moved to find that in Case Number 07-008 Fifth Avenue Realty LLC be found guilty of Code Section 5.5-63 and that the Respondent be given 90 days to come into compliance; if compliance is not met, a fine of $25.00 be imposed for each day the violation continues. Ms. Preece seconded.
After further discussion, Mr. Mauter moved to amend the motion that in Case Number 07-008 Fifth Avenue Realty LLC be found guilty of Code Section 5.5-63 and that the Respondent be given 120 days to come into compliance; if compliance is not met, a fine of $25.00 be imposed for each day the violation continues. Ms. Preece seconded. Motion carried unanimously.
(g) 100 Block Fifth Avenue, Indialantic, Florida 32903
· (g) Town Code Section 5.5-67
· (g) Building exteriors
Attorney Crockett entered into the record as Town Exhibits the following documents: Notice of Code Violation letter sent to Fifth Avenue Realty LLC certified mail return receipt dated September 1, 2006; Notice of Code Violation letter received from Fifth Avenue Realty LLC certified mail return receipt dated September 6, 2006; Notice of Hearing sent to Fifth Avenue Realty LLC certified mail return receipt dated January 30, 2007; six (6) photographs taken February 8, 2007.
In view of the evidence and/or testimony presented to this Board in Case Number 07-008, Mr. Mauter moved to find that in Case Number 07-008 Fifth Avenue Realty LLC be found guilty of Code Section 5.5-67 and that the Respondent be given 90 days to come into compliance; if compliance is not met, a fine of $25.00 be imposed for each day the violation continues. Ms. Preece seconded.
After further discussion, Mr. Mauter moved to amend the motion that in Case Number 07-008 Fifth Avenue Realty LLC be found guilty of Code Section 5.5-67 and that the Respondent be given 120 days to come into compliance; if compliance is not met, a fine of $25.00 be imposed for each day the violation continues. Ms. Preece seconded. Motion carried unanimously
(h) 100 Block Fifth Avenue, Indialantic, Florida 32903
· (h) Town Code Section 17-129(4)
· (h) Site plan approval (dumpster moved)
Attorney Crockett entered into the record as Town Exhibits the following documents: Notice of Code Violation letter sent to Fifth Avenue Realty LLC certified mail return receipt dated October 13, 2006; Notice of Code Violation letter received from Fifth Avenue Realty LLC certified mail return receipt dated October 16, 2006.
Mr. Harrison moved to find that in Case Number 07-008 Fifth Avenue Realty LLC be found guilty of Code Section 17-129(4) and that the Respondent be given 90 days to come into compliance; if compliance is not met, a fine of $25.00 be imposed for each day the violation continues. Mr. Mauter seconded. Motion carried unanimously.
(i) 147 Fifth Avenue, Indialantic, Florida 32903
· (i) Town Code Section 17-132
· (i) Outdoor cafés (Extending outdoor café beyond what is approved by Town. Cannot add couch or tables or chairs, which is what has been happening)
Attorney Crockett entered into the record as Town Exhibits the following documents: Letter from The Jason Corporation dated January 23, 2007 with attached Notice of Code Violation letter sent to Fifth Avenue Realty LLC certified mail return receipt dated December 19, 2006; Notice of Code Violation letter received from Fifth Avenue Realty LLC certified mail return receipt dated January 18, 2007; Florida Today newspaper article dated November 13, 2006 with photograph; and “Documentation from Town Employees.”
Mr. Brillante moved to find that in Case Number 07-008 Fifth Avenue Realty LLC there is no evidence as being in violation as of today and, therefore, the Respondent is in compliance at this time of Town Code Section 17-132. (This is the couch.) However, based upon previous testimony, the couch violated seating plans as set forth in the site plan. Therefore, we will proceed as a repeat violation. In view of the testimony presented to this Board in Case Number 07-008 the Respondent be found not guilty of Code Section 17-132 and be given zero (0) days to come into compliance; if compliance is not met, a fine of $25.00 be imposed for each day the violation continues. Further, this motion is presented as a repeat violation whereby a reoccurrence of this violation, and upon presentation of an affidavit of the code enforcement officer to the Code Enforcement Board, the penalty described in the initial compliance order may be imposed without the necessity of further presentation to this board. The code enforcement officer must notify the violator of the potential imposition of an additional continuing violation penalty and the violator shall have the right to protest the procedure at the next regularly scheduled session after said notice. Mr. Mauter seconded. Motion carried unanimously.
(j) 100 Block Fifth Avenue, Indialantic, Florida 32903
· (j) Town Code Section 5.5-64 – IN COMPLIANCE
· (j) Paved and unpaved areas (Trash is on the ground all around the dumpster)
Attorney Crockett advised that Respondent has complied with Town Code Section 5.5-64. However, Attorney Crockett entered into the record as Town Exhibits the following documents: Notice of Code Violation letter sent to Fifth Avenue Realty LLC certified mail return receipt dated December 19, 2006; Notice of Code Violation letter received from Fifth Avenue Realty LLC certified mail return receipt dated January 18, 2007.
6. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS:
A. CEB Case Number 06-006 Jeremy Norcross
Satellite Beach, Florida 32937
346 Third Avenue, Indialantic, Florida 32903
Town Code Section 5.5-63 – General maintenance.
Town Code Section 5.5-67 – Building exteriors.
Town Code Section 5.5-68 – Landscaping.
Town Code Section 5.5-71 – Fences and walls.
Attorney Crockett advised that Case Number 06-006 has complied and that no evidence or testimony would be presented.
7. UNFINISHED BUSINESS:
A. CEB Case Number 07-001 Clifford L. & Christine T. Cook
555 Newport Drive
Indialantic, Florida 32903
401 North Riverside Place, Indialantic, Florida 32903
Town Code Section 5.5-65 General maintenance.
Town Code Section 17-103 Parking, storage, and use of certain vehicles.
Attorney Crockett advised that Case Number 07-001 Town Code Section 5.5-65 General Maintenance that the Respondent’s time for securing a permit has not yet expired. Will continue to monitor.
Attorney Crockett advised that Case Number 07-001 Town Code Section 17-103 Parking, Storage, and use of certain vehicles has complied and that no evidence or testimony would be presented.
8. OTHER:
9. NEW BUSINESS:
Mr. Brillante moved to elect Mr. Mauter as Chairman. Mr. Mauter appreciated the support but asked that someone else have the opportunity to chair the Board.
Mr. Campbell nominated Mr. Harrison as Chairman. Mr. Mauter seconded.
Motion passed unanimously.
Mr. Campbell moved to elect Mr. Brillante as Vice-Chairman. Mr. Harrison seconded. Motion passed unanimously.
10. ADJOURNMENT:
Meeting adjourned at 10:35 p.m.
______________________________
R. H. Campbell, Chairman
Julie Anne Holmgren, Secretary