TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
March 9, 2005 Town Hall 7:00 PM
MINUTES NO. 05-01
1. CALL TO ORDER 7:00 P.M.
Chairman Harrison called the meeting to order at 7:00 p.m.
2. ROLL CALL
The secretary called the roll.
PRESENT EXCUSED
Ronald Campbell, V. Chairman Ray Young, 1st Alt.
Betty Preece, Member
David Hallac, Member
Keith Mauter, 2nd Alt.
Suzanne A. Novak, Prosecuting Attorney
Paul Gougelman, Town Attorney
Michael McCaughin, Code Enforcement Officer
Shirlee Walker, Secretary
3. NEW MEMBER KEITH MAUTER
Attorney Gougelman gave the Oath of Office to Keith Mauter.
4. APPROVAL OF MINUTES - APRIL 7, 2004
Mr. Campbell moved to approve the April 7, 2004 Minutes. Ms. Preece seconded. Motion passed unanimously.
5. OPENING STATEMENT
Chairman Harrison read the opening statement.
6. VIOLATION HEARINGS
Janet Vance
156 Deland Avenue
Indialantic, FL 32903
REPEAT VIOLATION Town Code Section 4-19(b)(4) Barking dogs creating nuisance
Originally found in violation by the Code Enforcement Board May 7, 2003 (CEB 03-03)
Dave Chartrand was called to the podium and sworn in by Attorney Gougelman.
Attorney Novak substantiated Mr. Chartrand as a former law enforcement officer with the Town of Indialantic from July 10, 2002 through March 1, 2005.
Mr. Chartrand testified that on January 20, 2005, he responded to a complaint of barking dogs at 156 Deland Avenue. Arriving at 6:16 a.m., he heard the dogs barking continuously for over 10 minutes creating a nuisance. This violation of code section 4-19(b)(4) was forwarded to the Code Enforcement Officer, Michael McCaughin.
Michael McCaughin was called to the podium and sworn in by Attorney Gougelman.
Mr. McCaughin stated that on February 7, 2005, a Notice of Repeat Violation was mailed certified to Eric J. Vance and Janice Vance, owners of the property at 156 Deland Avenue. A Statement of Violation and Request for Hearing was included in this mailing. Eric Vance received this certified letter on February 11, 2005.
Attorney Novak advised the Board that on May 7, 2003, Eric J. Vance and Janice Vance were found to be in violation of Town Code Section 9-14(b)(4) and given until May 12, 2003 to abate the nuisance entirely. After the May 12, 2003 date, a fine of $100.0 was to be imposed. Until January 20, 2005, there were no documented code violations.
Attorney Novak requested that the Board find this a Repeat Violation and impose a fine accordingly. State Statute allows a penalty of up to $500.00 per day.
Since the repeat violation occurred only one (1) time, any fine imposed will be for one (1) day.
Neither Eric J. Vance nor Janice Vance was present at this meeting.
After discussion, Mr. Hallac moved to find Eric J. Vance and Janice Vance guilty of Town Code Section 4-19(b)(4) and that a fine of $500.00 be assessed for each day the repeat violation occurred or continues to occur. Ms. Preece seconded.
After discussion, Mr. Hallac amended his motion to remove “or continues to occur.” Ms. Preece agreed to the amendment.
Ms. Preece moved to amend the motion to $250.00 for each day the repeat violation occurred. Mr. Harrison seconded. Motion failed with Mr. Mauter, Mr. Campbell and Mr. Hallac voting no. Ms. Preece and Mr. Harrison voted yes.
After discussion Mr. Hallac amended his original motion to find Eric J. Vance and Janice Vance guilty of Town Code Section 4-19(b)(4) and that a fine of $250.00 be assessed for each day the repeat violation occurred. Motion passed with Mr. Hallac, Ms. Preece and Mr. Harrison voting yes. Mr. Campbell and Mr. Mauter voting no.
7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS
Nancy F. Kronman
1212 S. Riverside Dr.
Indialantic, FL 32903
Code Section 17-103(b)(3)a Parking, storage of RV’s
Attorney Novak advised the Board of the variance granted by the Board of Adjustment.
8. UNFINISHED BUSINESS
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)
Building Official Michael McCaughin informed the Board that the pool is secured with a construction fence and no complaints have been received regarding the pool.
9. OTHER
10. NEW BUSINESS
A. Election of officers
Ms. Preece moved to re-elect Mr. Harrison as Chairman. Mr. Mauter seconded.
Mr. Harrison appreciated the support but asked that someone else have the opportunity to chair the Board.
Motion died for lack of a second at the request of Mr. Harrison.
Mr. Harrison moved to elect Mr. Campbell as Chairman. Mr. Hallac seconded. Motion passed unanimously.
Mr. Harrison moved to elect Mr. Hallac as Vice-Chairman. Ms. Preece seconded. Motion passed unanimously.
11. ADJOURNMENT
Chairman Harrison adjourned the meeting at 8:00 p.m.
Todd Harrison, Chairman
Shirlee Walker, Secretary