TOWN OF I N D I
A L A N T I C
Brevard County,
Florida 32903
CODE
ENFORCEMENT BOARD
March 6, 2002 Town
Hall 7:00 PM
MINUTES NO.
02-01
1.
CALL TO ORDER 7:00 P.M.
Mr. Brillante
who chaired the meeting in the absence of Chairman Campbell called the meeting
order
at 7:00 P.M.
2.
ROLL CALL
MEMBERS
PRESENT
MEMBERS
EXCUSED
Todd Harrison, Member
Nancee J. Hay, Member
Paul Gougelman, Town Attorney
Stanley E.
Krulikowski, Code Enforcement Officer
Shirlee Walker, Secretary
Cliff Hirsch and Ray Young have resigned their positions on the Board.
3. OATH
OF OFFICE
4. APPROVAL
OF PRIOR MEETING MINUTES
Ms. Hay moved
that Minutes No. 01-07 September 5, 2001 be approved as written. Mr. Harrison
seconded. Motion passed unanimously.
5. OPENING
STATEMENT
Mr. Brillante
read the opening statement.
6. VIOLATION
HEARINGS
CEB No.
02-01 Greg
Young
227 Cocoa
Ave
Indialantic,
FL 32903
Code Section
15-20 (a) Commercial vehicle in drive overnight
No one was present to represent Mr. Young.
Attorney
Gougleman swore in Stanley E. Krulikowski, Code Enforcement Officer. The Board
accepted the credentials of Mr. Krulikowski as an expert in the area of Code
Enforcement.
Mr. Krulikowski
stated that he has not observed the vehicle overnight at 227 Cocoa Avenue.
Sgt. Casey was
sworn in by Attorney Gougelman and was qualified as a member of the Indialantic
Police Department. Pictures taken by Sgt. Casey of the commercial vehicle
parked overnight at Mr. Young’s residence were submitted as evidence. Sgt.
Casey testified that the vehicle was not observed this afternoon in the
driveway; however, the commercial vehicle has often been observed parked in the
drive overnight at 227 Cocoa Avenue.
Sgt. Casey also
testified that the vehicle is approximately 20-25 feet in length. The
Town Code Section 15-20(a) states that it is unlawful to park a vehicle that
exceeds 14 feet in length overnight in any area in Town zoned as residential
except when parked totally within a garage or carport.
Mr. Brillante
closed the hearing for discussion.
Ms. Preece moved
that in view of the evidence and testimony presented in case No. 02-01, Mr.
Young and Mrs. Young be found to have been in violation of Town Code Section
15-20(a) and that if the violation recurs it will be considered a repeat
violation and a daily fine of $25.00 be assessed for each day of the violation.
Ms. Hay seconded. Motion passed unanimously.
Mr. Brillante
requested that the respondent be advised of the results of this hearing.
CEB No.
02-02 John
Turse
COMPLIED
BEFORE HEARING
Sara Turse
1302 S
Riverside Dr
Indialantic,
FL 32903
Code Section
17-91 (1) Accessory structure
CEB No.
02-03 Tim
Deratany
COMPLIED
BEFORE HEARING
Andrea Deratany
1216 S
Riverside Dr
Indialantic,
FL 32903
Code Section
17-91(1) Accessory structure
CEB No.
02-04 Charles
Fabyan
Anne Fabyan
6815 S. A1A
Melbourne
Beach, FL 32951
Code Section
17-106.2(2)(a) Prohibited signs
Code Section
13-3(a) Display of goods
Violation
address: 109-115 S. Miramar, Indialantic, FL 32903
Attorney Novak
recommended that this case be tabled until the Zoning and Planning Board holds
a workshop to discuss the outdoor display ordinance as it affects the C-2
zoning district.
Mr. Harrison
moved to table this case until after the Zoning Board workshop. Ms. Hay
seconded. Motion passed unanimously.
CEB No. 02-05
Destin Group Palace III,
LLC COMPLIED
BEFORE HEARING
100 Fourth Avenue
Indialantic,
FL 32903
Code Section
17-106.4(6)(f)1,a,b,c Transient signs
Code Section
10-51(3) Obstructed view of cash register
CEB No.
02-06 Craig
Bobbitt
130 Fifth
Avenue
Indialantic,
FL 32903
Code Section
17-103 (b)(1)&(2) Parking, storing and use of certain vehicles
No one was
present to represent Mr. Bobbitt.
Stanley E.
Krulikowski was previously sworn in and testified that the RV was being used as
a construction type facility while work was being done at Rio Mar Apartments.
The RV has had utility hookups.
On September 27,
2001 Officer Tenpenny of the Indialantic Police Department observed the RV
being used as a residence. A letter of violation was mailed on September 27,
2001 to Mr. Bobbitt and on the same day Mr. Bobbitt came in to Town Hall and
stated that the power will be disconnected and no one will live in the trailer.
A second notice of violation was mailed to Mr. Bobbitt requesting that the
water and power be disconnected after someone was again observed living in the
RV. On December 18, 2001 Officer Holstine of the Indialantic Police
Department observed the RV with power lines running to it. Officer Holstine
spoke to Tobin Bobbitt, who was sleeping in the trailer. Mr. Bobbitt
acknowledged that he knew he was not supposed to sleep overnight in the
trailer.
Mr. Brillante closed the hearing for discussion.
Attorney Novak
submitted to the Board that Mr. Bobbitt be found in violation due to the fact
that the RV has previously been occupied with utility hook-ups. This will allow
any subsequent violation to be treated as a repeat violation.
Ms. Preece moved
that in view of the evidence and testimony presented to the Board in Case
#02-06, the respondent Mr. Craig Bobbitt be advised that if this violation
recurs it will be treated as a repeat violation and a fine of $25.00 per day
will be imposed for each day that the violation continues. Mr. Harrison
seconded.
Attorney Novak
inquired of the Board if their finding was that Mr. Bobbitt has actually
violated the Code. In order to be treated as a repeat violation the Board would
have to find that Mr. Bobbitt has violated the code provision.
After discussion
Ms. Preece amended her motion as follows: In view of the evidence and testimony
presented in Case #02-06, the respondent, Mr. Craig Bobbitt is found to be
guilty of Town Code Section 17-103(b)(1)&(2). If the violation recurs
it will be treated as a repeat violation and a fine of $25.00 per day is to be
imposed for each day of violation. Mr. Harrison seconded. Motion passed
unanimously.
CEB No.
02-07 Paul
Beckwith
COMPLIED
BEFORE HEARING
2 Holly
Circle
Indialantic,
FL 32903
Violation
address: 600 N. Miramar, Indialantic, FL 32903 (National Realty)
Code Section
8-12.1(d)(1) dumpster, no enclosure
CEB No.
02-08 H.L.
Clark
1901 Hwy A1A
Ste 4
Indian
Harbor Beach, FL 32937
Violation
address: 225 Mall, Fifth Avenue, Indialantic, FL 32903
Code Section
8-12.1(d)(1) dumpster, no enclosure
Mr. Clark was
sworn in by Attorney Gougelman.
Attorney Novak
inquired of Mr. Clark if he agreed that there was no dumpster enclosure.
Mr. Clark
testified that he had been issued a building permit for a dumpster enclosure
but it has not yet been built. He presented a copy of the contract as evidence
of his intention to build the enclosure. At this point Mr. Clark intends to
build the enclosure but doesn’t want to include a concrete base with the
enclosure.
Photos were
presented into evidence of the dumpster without an enclosure.
On November 16,
2001, Mr. Clark presented a petition with signatures of local business owners
asking that the Ordinance be modified to delete the requirement for dumpster
enclosures. A copy of this petition was given to each Councilmember. There was
no support from the Council for an ordinance change. The petition was forwarded
to the Zoning and Planning Board on December 27, 2001. The Zoning and Planning
Board took no action on the matter of the dumpsters but supported forwarding
the item to the Council. On December 28, 2001, Mr. Clark again requested that
the Town Council address the issue. On January 28, 2002, Councilmembers were
again given copies of the petition. There was no request to put the dumpster
issue on the Council agenda.
Mr. Clark stated
that he will construct the enclosure but will appeal to the Board of Adjustment
for a variance on the concrete base.
Attorney
Gougelman informed Mr. Clark that the Board of Adjustment only hears variances
related to Zoning Chapters 6 and 17. Attorney Gougelman advised Mr. Clark
of his alternatives: request to be on the Council Agenda, request relief from
the Town Manager or to proceed with the hearing.
Attorney Novak
advised the Board that the Code required an enclosure on a concrete base and
that Mr. Clark is currently in violation of the Code.
Mr. Brillante
closed the hearing for discussion.
Ms. Preece moved
that in view of the evidence and testimony presented to the Board in Case
#02-08, the respondent Mr. Clark be found guilty of Code Section 8-12.1(d)(1)
and that Mr. Clark be given 30 days to come into compliance. If compliance is
not met a fine of $20.00 per day be imposed for each day of violation.
Mr. Harrison seconded.
After
discussion, Mr. Brillante suggested amending the motion giving Mr. Clark 15
days to come into compliance with a fine of $20.00 per day following Mr.
Clark’s appearance at the Town Council. If the Council agrees to amend the
Ordinance then there will be no fine. If the Council chooses to not amend the
Ordinance the fine will be automatic. Ms. Preece accepted the amendment. Mr.
Harrison seconded.
Attorney
Gougelman advised the Board that the Council does not have to hear this case.
Ms. Preece
withdrew her motion. Mr. Harrison accepted the withdrawal.
Ms. Preece moved
to refer this case to Town Council and take no action pending the decision of
the Town Council and that this Case be on the next Code Board agenda. Ms. Hay
seconded. Motion passed unanimously.
7. REPORTS
OF NON‑COMPLIANCE WITH PREVIOUS ORDERS
CEB No. 01-05 Stephen M. Laham
520 N Riverside Dr
Indialantic, Fl. 32903
Code Section 13-7 Fence encroachment on right-of-way
Attorney Novak brought the Board up to date with a reminder that Mr. Laham had been found in violation on June 24, 2001. Mr. Laham had the chain link fence removed but left the post in the right-of-way. The daily fine of $35.00 imposed by the Board started on July 11, 2001. As of March 1, 2002 the fine is $8,680.00.
Attorney Novak
requested that the Board cap the fine at $8,680.00 and have Indialantic Public
Works remove the posts and add the expense of removal to the fine amount.
Attorney
Gougelman informed the Board that if someone is injured by hitting the post –
the Town is liable.
Ms. Preece moved
that the fine be capped as of this date adding the cost to the Town for removal
of the posts from the right-of-way and that a lien be placed upon the property
for the amount owed. Ms. Hay seconded. Motion passed unanimously.
8. REPORTS OF
COMPLIANCE WITH PREVIOUS ORDERS
401 N.
Riverside Place
Indialantic,
Fl. 32903
Code Section
13-7 Fence
encroachment on right of way
9.
OLD BUSINESS
None
10.
NEW BUSINESS
Election of Officers
Ms. Preece nominated Mr. Brillante as Chairman. Ms. Hay seconded. Motion
passed unanimously.
Mr. Brillante nominated Mr. Harrison as Vice Chairman. Ms. Hay seconded. Motion passed unanimously.
Ms. Hay brought to the attention of
the Board that the State Statute allows a municipality of less than 5,000
residents to elect to have a 5-member Board. Ms. Hay suggested that the Town
Council should be approached for an ordinance change to this effect.
After discussion the Board agreed
to recommend to the Town Council that the Code Enforcement Board be a
five-member board with two alternates.
The Board also discussed changing
the meeting time to 5:30 rather than 7:00 p.m. Everyone was in agreement but a
meeting day could not be reached for the convenience of all members.
Mr. Harrison elected to bring the subject up at a later date.
11.
ADJOURNMENT
Mr. Brillante adjourned the meeting at 8:35 p.m.
Orlando
Brillante, Chairman
Shirlee Walker,
Secretary