TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
April 7, 2004 Town Hall 7:00 PM
MINUTES NO. 04-01
1. 1. CALL TO ORDER 7:00 P.M.
Chairman Harrison called the meeting to order at 7:00 p.m.
2. 2. ROLL CALL
PRESENT EXCUSED
Todd Harrison, Chairman Ray Young, 1st Alt.
Orlando Brillante, Member Ronald Campbell, V. Chairman
Betty Preece, Member
David Hallac, Member
Suzanne A. Novak, Prosecuting Attorney
Paul Gougelman, Town Attorney
Michael McCaughin Code Enforcement Officer
Shirlee Walker, Secretary
Nancee J. Hay has resigned from the Board
3. 3. APPROVAL OF PRIOR MEETING MINUTES JULY 23, 2003
Ms. Preece moved to approve Minutes of July 23, 2003. Mr. Brillante seconded. Motion passed unanimously.
4. 4. OPENING STATEMENT
Chairman Harrison read the Opening Statement.
5. 5. VIOLATION HEARINGS
CEB No. 04-01 Barry S. Kronman
Nancy F. Kronman
1212 S. Riverside Dr.
Indialantic, FL 32903
Code Section 17-103(b)(3)a Parking, storage of RV’s
Two boats parked beyond front structure line of property
Atty. Gougelman swore in Dr. Kronman.
Code Enforcement Officer Michael McCaughin was tendered an expert witness in the field of code enforcement by Atty. Novak.
Mr. McCaughin verified that a complaint of a code violation led to a visit to 1212 S. Riverside Dr. on February 23, 2004. Mr. McCaughin observed two boats parked in the front yard in front of the building line of the structure.
A courtesy card was mailed to Dr. Kronman on February 23, 2004 requesting removal of the boats from the front yard. On February 24, 2004, Mr. McCaughin, at the request of Dr. Kronman, visited the property at 1212 S. Riverside Dr. and informed Dr. Kronman that a violation existed in that the boats were basically in the front yard.
In keeping with Code Enforcement procedures, a Notice of Violation was mailed certified to Dr. Kronman on March 1, 2004 requesting that the boats be removed from the front of the property before March 12, 2004.
On March 8, 2004, a hand written request was received from Dr. Kronman to have the Code Enforcement Board decide if the boats were properly located.
A Code Board Workshop was scheduled for April 7, 2004 and Dr. Kronman was advised that his case could be presented at that time. For that reason, a Notice of Hearing was mailed certified to Dr. Kronman on March 10, 2004, even though a compliance date of March 12, 2004 was given in the Notice of Violation.
Atty. Gougelman swore in Dr. Kronman.
Dr. Kronman presented graphs and photographs of his property to the Board.
At the request of Atty. Novak, Code Enforcement Officer McCaughin was asked to define the structure line of the property by marking in red on a graph drawn by Dr. Kronman.
Dr. Kronman contended that the structure line of his property was the wall/fence across the front of his property starting at the north end of the garage. Dr. Kronman also stated that the front yard of his property was in front of the wall/fence to the street. Therefore, he believed the boats were behind the structure line of the property.
Code Enforcement Officer McCaughin read the definition of a structure. Town Code Section 17-4(65) states that a structure does not include fences or walls used as fences.
A drawing from the Town Code book depicting side, front and rear yards for structures was presented to the Board.
Dr. Kronman believes that none of the drawings accurately depict his property that is L shaped and unique to the town.
Chairman Harrison closed the Hearing for deliberation by the Board.
After discussion by the Board Ms. Preece moved that the definition of the structure line of the property be passed to the Board of Adjustment for clarification and that this case be tabled until after their decision. Mr. Brillante seconded.
The motion passed unanimously.
CEB No. 04-02 Clifford L. Cook
Christine T. Cook
401 N Riverside Place
Indialantic, FL 32903
Code Section 15-34 Vehicles - Parking, storage on private property
Inoperable/wornout vehicle, no current registration
Atty. Novak informed the Board that Mr. and Mrs. Cook are in compliance.
6. REPORT OF COMPLIANCE OR NON-COMPLIANCE WITH PREVIOUS ORDERS
CEB No. 02-10 James E. Dunning
321 Melbourne Avenue
Indialantic, FL 32903
Code Section 17-99(a)(1) & (2) Enclosed garage-no replacement
Atty. Novak informed the Board that Mr. Dunning has met the increments for compliance and now has a two-car garage. Although the structure has not had a final inspection, it is complete and in use by Mr. Dunning.
7. 7. UNFINISHED BUSINESS
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)
The current property owner, Dominick Villano, requested and received from the Zoning and Planning Board, an extension of six months for site plan approval.
The pool still has stagnant water and is now surrounded by a construction fence. No complaints have been received regarding the pool.
The Board asked that this case be continued to the next meeting and the progress monitored.
8. 8. OTHER
A. Election of Chairman and Vice Chairman
Ms. Preece moved that Mr. Harrison continue as Chairman. Mr. Hallac seconded. Motion passed unanimously.
Mr. Brillante moved that Mr. Campbell continue as Vice Chairman. Mr. Hallac seconded. Motion passed unanimously.
9. 9. NEW BUSINESS
There was no new business.
10. 10. ADJOURNMENT
This meeting adjourned at 8:55 a.m. A Code Board Workshop to follow this meeting.
Todd Harrison, Chairman
Shirlee Walker, Secretary
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD WORKSHOP
April 7, 2004 Town Hall
MINUTES NO. 04-01
1. CALL TO ORDER FOLLOWING REGULAR MEETING AT 7:00 P.M.
2. 2. ROLL CALL
PRESENT EXCUSED
Todd Harrison, Chairman Ronald Campbell, V. Chairman
Orlando Brillante, Member Ray Young, 1st Alt.
Betty Preece, Member
David Hallac, Member
Suzanne A. Novak, Prosecuting Attorney
Paul Gougelman, Town Attorney
Michael McCaughin, Code Enforcement Officer
Shirlee Walker, Secretary
Nancee J. Hay has resigned from the Board
3. 3. DISCUSSION OF CODE ENFORCEMENT PROCESS
Atty. Gougelman discussed the role of the following people involved in a code case:
· Prosecuting Attorney –determine if a violation exist – seek compliance.
· Code Officer – cites violation-files paperwork
· Building Official-(usually, Building Official is the Code Enforcement Officer) takes interpretations of the zoning code to the Board of Adjustment.
· Code Attorney-is neutral-of service to the Board to answer questions.
Atty. Novak informed the Board that State Statute 162 sets the procedure for municipal Code Enforcement Boards and procedures. The Rules of Procedure adopted by this Board incorporate the rules as set forth in State Stature 162. The Rules of Procedure set the meeting date/time as well as the number of members.
Atty. Novak further added that only the Code Enforcement Officer has the responsibility to issue a Notice of Violation or post property as prescribed by State Statute 162.
Atty. Novak also stated that fines levied by the Board, if not paid, result in a lien being placed upon the property followed by foreclosure, unless property is homestead exempt.
State Statute 162 allows for the option of a Hearing Officer instead of a Board.
State law requires Due Process.
At the request of Board member, Ms. Preece, Atty Novak listed the procedure of Code Board members as specified by State Statute 162:
· Attend Hearing
· Conduct Hearing
· Take testimony under oath
· Render fines
· Force foreclosure
Atty. Novak further added that Board members are prohibited from initiating Code Board actions and should not report code violations since the violation reported by a Board member could eventually be brought before the Board.
Atty. Gougelman explained the “Jennings Rule”, a case involving ex parte meeting of Board members in a quasi-judicial setting.
Atty. Gougelman read a hypothetical code case involving a violation where due process was not afforded the Respondent and the proper procedure not followed by the Code Board.
4. ADJOURNMENT
Chairman Harrison adjourned the meeting at 10:30 P.M.
Todd Harrison, Chairman
Shirlee Walker, Secretary