TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
February 9, 1999
MINUTES NO. 99-2
1. PRESENT
Betty Preece, Chairman
Ronald Campbell
Raymond Young
Norman Greer
Carroll Williams
Joe Colombo, Town Attorney
Mark Gager, Prosecuting Attorney
Kathy Maynor, Code Enforcement Officer
Brian Barber, Building Official
Shirlee Walker, Secretary
ABSENT
Orlando Brillante
2. CALL TO ORDER
Chairman Preece called the meeting to order at 7:00 p.m.
3. APPROVAL OF PRIOR MEETING MINUTES
Chairman Preece moved that Minutes No. 99-1, December 8, 1998 be approved with the word
"that" being stricken from the bottom paragraph of the first page. (CEB No.
98-06) Mr. Greer seconded. Motion passed unanimously.
4. OPENING STATEMENT
Chairman Preece read the opening statement.
5. VIOLATION HEARINGS
A. CEB No. 99-1 Ms. Sheila Graham-Trott
211
Eighth Avenue
Indialantic,
Fl. 32903
Violation of Town Code Section 15-33: Vehicle with no license plate or decal
The Board was advised that this case is in compliance. There was no action taken.
B. CEB No. 99-2 Mr. Tom Shine
241
Fifth Avenue, Inc.
Melbourne,
Fl. 32936
Violation of Town Code Section 16-220: Unsafe commercial building (leaking roof) located at 235-241 Fifth Avenue (Block 21 Lots 4 & 5)
Building Official, Brian Barber testified that he had inspected the building located at 235 Fifth Avenue on November 17, 1998, at the request of tenant Fran Franklin. Mr. Barber found the building unsafe due to severe moisture problems. He spoke to Mr. Shine shortly afterwards and asked him to repair the leak. On December 14, 1998, Citation #1677 was mailed certified . Mr. Shine received this citation on December 16, 1998 advising him that the leak must be repaired within 10 days. Mr. Barber inspected the building again on December 28, 1998 and today. As of this date, the leak not only still exists but has worsened.
Tenant, Fran Franklin owner of a business at 235 Fifth Avenue was sworn in by Attorney Joe Colombo as a witness to the water damage in her shop. Mr. Shine objected to this testimony. The Board was advised that it was their decision whether or not to hear Ms. Franklin as a witness.
Mr. Gager requested that Ms. Franklin be allowed to testify.
Based on the fact that Mr. Shine has admitted there are leaks in the roof and that he has a permit and a contract to re-roof, the Board discussed whether this testimony was needed.
After discussion Mr. Williams moved that Mr. Gager be allowed to proceed with Ms. Franklin. Mr. Greer seconded. Motion passed with Chairman Preece, Mr. Greer and Mr. Williams voting yea. Mr. Young and Mr. Campbell voted nay.
Ms. Franklin showed photos of her shop with water and mildew damage. Ceiling tiles had fallen and water was leaking around a light fixture which she feared to be dangerous. She stated that the carpet around the front door is saturated and and there are water puddles in the front entrance creating a potential liability. There is also a problem with a mildew odor. She has complained to Mr. Shine about the roof for over a year. He occasionally has the roof patched.
Mr. Shine stated that 241 Fifth Avenue, Inc. is the owner of the property at 235-241 and that he is the President of this corporation. He informed the Board that he doesn't feel that the building is unsafe due to the leaks or mildew. He presented a copy of the building permit to re-roof and a copy of the contract with the roofers. He requested that the Board not penalize him by setting a time frame for the work to be done.
After discussion by the Board Mr. Campbell moved that Mr. Shine be found in violation of Town Code Section 6-220 and that he be given 21 days to re-roof the building. If he has not complied by March 2, 1999 a fine of $50 per day will be imposed Mr. Young seconded. Motion passed unanimously.
Mr. Campbell amended his motion to state that 241 Fifth Avenue, Inc. be found in violaiton of Town Code Section 6-220 . Mr. Williams seconded. Motion passed unanimously.
C. CEB No. 99-3 Mr. Jeremy Bent
161
Tampa Avenue
Indialantic,
Fl. 32903
Violation of Town Code Section 17-103 (b)(3)(a) : RV (boat) located to the front of the front structure line
The Board was advised that this case is in compliance. There was no action taken.
D. CEB No. 99-4 Mr. Eddie Paniccia (Property Owner)
810
N. Miramar
Indialantic,
Fl. 32903
Mr. Richard Turner (Tenant, K.C.'s)
Violation of Town Code Section 17-106-2: Obsolete Sign (Hustler Bar)
Violation of Town Code Section 8-2: Accumulation of Trash
Mr. Paniccia, property owner, was not present. Mr. Turner, tenant was present.
Based on a recommendation by Mr. Gager, Mr. Campbell moved that Mr. Paniccia and Mr. Turner be found in violation of Town Code Sections 17-106-2 and 8-2. They have 21 days to comply. A fine of $50 days will be imposed after March 2, 1999. Mr. Young seconded. Motion passed unanimously.
Upon the advise of Mr. Gager, the Board agreed to Part B of this penalty regarding the obsolete sign as follows: If the obsolete sign is illuminated before replacement of a new sign the $50.00 per day penalty would begin immediately. Mr. Turner agreed to this addition.
8. VIOLATION HEARINGS PENDING
None
9. REPORTS OF COMPLIANCE/NON-COMPLIANCE WITH PREVIOUS ORDERS
96-1 Ms. Lillian Ramey- Continuing violation of Town Code Section 5.5-68 (b)
The Board was advised that Ms. Lillian Ramey, 230 Third Avenue was again in compliance as of January 7, 1999 and that the lien to date amounts to $935.00
10. REPORTS OF COMPLIANCE/NON-COMPLIANCE WITH PREVIOUS NOTICES OF HEARING
None
11. OLD BUSINESS
12. NEW BUSINESS
The Board was advised that Mr. Leon Rhyon has chosen not to be re-appointed to the Code Enforcement Board. Chairman Preece requested a letter be written to Mr. Rhyon in appreciation for his service on this Board.
Chairman Preece requested a workshop meeting for this Board be held on March 2, 1999 to go over rules with Mr. Gager and Mr. Colombo.
13. ADJOURNMENT was at 8:45.
___________________________
Betty Preece, Chairman
_________________________
Shirlee Walker, Secretary