TOWN OF I N D I
A L A N T I C
Brevard County,
Florida 32903
CODE
ENFORCEMENT BOARD MEETING
May 7, 2003 Town Hall
7:00 PM
MINUTES NO.
03-03
1.
CALL TO ORDER 7:00 P.M.
2.
ROLL CALL
Orlando Brillante, Member
Nancee J. Hay, Member
David Hallac, 1st Alt.
Ray Young, 2nd Alt.
Suzanne A. Novak, Prosecuting Attorney
Paul Gougelman, Town Attorney
Cathy Spafford, Code Enforcement Officer
Shirlee Walker, Secretary
John Fallon has resigned from the Board
3. NEW
MEMBER RAY YOUNG
4. APPROVAL
OF PRIOR MEETING MINUTES –FEBRUARY 5, 2003
Minutes of February 5, 2003 were
approved with amendments to Section 8 page 4. Amendments as follows: “The Board
discussed with Attorney Gougelman, the authority actions of the
Town Council to release liens and waive fines issued by this Board. No
action was taken.”
5. OPENING
STATEMENT
Chairman Harrison read the Opening
Statement.
6. VIOLATION
HEARINGS
Janice
Vance
Indialantic,
FL 32903
Code Section
4-19(b)(4) Barking dogs creating nuisance
Attorney Novak presented evidence that a violation of 4-19(b)(4), nuisance of a barking dog, exists at 156 Deland Avenue.
Attorney Gougelman swore in Code Enforcement Officer, Cathy Spafford.
Attorney Novak verified Cathy
Spafford’s qualifications as Code Enforcement Officer and tendered Ms. Spafford
an expert witness as Building Official and Code Enforcement Officer.
In response to police reports indicating
numerous complaints of barking dogs at 156 Deland Avenue a Notice of Violation
was mailed Certified on February 18, 2003.
Brevard County tax rolls indicate
Eric J. Vance and Janice Vance as property owners of 156 Deland Avenue,
Indialantic, FL 32903.
Eric Vance received the Notice of
Violation on February 27, 2003, after the deadline of February 21, 2003 for
compliance. There were three additional calls to the police department with
complaints of barking dogs after receipt of the Certified Notice
of Violation.
A Notice of Hearing was mailed
Certified on April 8, 2003 and returned unclaimed on April 25, 2003. Mr. Vance
was phoned and notified of the Hearing. Mr. Vance came into Town Hall to pick
up the Notice of Hearing on April 30, 2003.
Officers Chartrand, Altvater and
Canela were sworn in by Attorney Gougleman and qualified as expert witnesses by
Attorney Novak.
Each Officer testified to being
dispatched to 156 Deland Avenue in response to complaints of barking dogs. The
dates are in chronological order and include reports from Officers who were not
present at this Hearing.
January 11, 2003 – Officer
Canela in response to a complaint was dispatched at 8:34 p.m. Officer Canela
was unable to make contact with the homeowner. Officer Canela left a card with
a request to be contacted. Contact was made later with Eric Vance. Mr. Vance
was informed of the complaint and he stated he had brought the dogs back inside
the home.
January 16, 2003 – Officer
Deschenes was not present but police records documented his response to dogs
barking inside the residence at 1:49 a.m. Officer Deschenes was on-scene for
four minutes and was unable to hear any dogs barking during the time he was
present.
January 31, 2003 -Officer
Chartrand in response to a complaint was dispatched at 12:57 a.m. The dogs were
barking inside the residence. Officer Chartrand was unable to make contact with
anyone inside the residence. Officer Chartrand left a card with a request to be
contacted.
February 14, 2003 -
Officer Chartrand in response to a complaint was dispatched at 10:15 p.m. The
dogs barked over ten minutes and could be heard six-seven houses from the
residence. Officer Chartrand left a card with a request to be contacted.
February 18, 2003 – Officer
Altvater in response to a complaint was dispatched at 5:58 p.m. Officer
Altvater observed two large white dogs barking from behind a fence. The dogs
appeared to be aggressive and barked intermittently approximately 17 minutes.
February 25, 2003 – Sgt.
Elliott was not present however, police records documented his response to a
complaint of dogs barking. Sgt. Elliott reported that the dogs were not barking
upon his arrival but barked in response to a vehicle or person passing by the
front of the residence.
February 26, 2003 – Officer
Chartrand was dispatched at 6:43 p.m. in response to a complaint. Contact was
made with Eric Vance who stated he was in the process of selling the dogs.
March 7, 2003 – Officer
Chartrand was dispatched at 10:25 p.m. in response to a complaint. The dogs
were in the back yard barking in excess of five minutes consecutively. Officer
Chartrand was not able to make contact with the property owner.
April 6, 2003 – Officer Altvater
was dispatched at 3:52 a.m. Officer Altvater observed two large dogs inside the
home barking loudly for five consecutive minutes. Officer Altvater was unable
to make contact with the property owner.
March 30, 2003 – Officer
Tenpenny was not present, however, the police log recorded his dispatch at 2:15
p.m. in response to a complaint that the dogs had been barking for three hours.
The dogs were inside the home barking. Officer Tenpenny was unable to make
contact with the property owner.
Eric Vance was present and was
sworn in by Attorney Gougleman. Mr. Vance stated that he did not disregard the
request to contact responding Officers. The Officers that responded at night
were not available during the day for phone calls.
Mr. Vance further stated that he is
taking steps to eliminate the problem by replacing a chain link fence with a
wooden fence to block visual contact with movement outside the fence. The dogs
have been brought inside and windows are kept closed. Mr. Vance stated that
someone has provoked the dogs by throwing landscape rocks through a window.
Mr. Vance attempted to have someone
stay with the dogs when he is out of town. This didn’t work out so the dogs are
now boarded in Rockledge while Mr. Vance is out of town.
Mr. Vance will try a “No Bark”
collar and get a blind for the glass front door to block visual stimuli.
Chairman Harrison closed the
Hearing for discussion.
Attorney Novak asked the Board to
find Mr. Vance in violation and allow until May 12, 2003 to abate the nuisance
entirely. Further, any subsequent violation should be treated as a repeat
violation and subject to a $500.00 per day penalty.
Attorney Gougleman informed the
Board that Attorney Novak has established verification of a violation. Attorney
Gougleman further stated that technically, no violation exists at this moment
but State Statutes allow the Board to find that a violation has existed and a
penalty can be assessed. The fine can be assessed on each occurrence of a
violation. If the violation is repeated, a fine of up to $500.00 can be
imposed.
After discussion Mr. Hallac moved
to find that Eric J. Vance and Janice Vance have been in violation of Town Code
Section 4-19(b)(4) -barking dogs creating a nuisance-and that the Respondents
be given five days to come into compliance. If compliance is not met a fine of
$250.00 be assessed. Mr. Young seconded.
Further discussion with Attorney
Novak brought an amendment to the motion.
Mr. Hallac amended his motion and
moved that in view of the evidence and testimony presented to this Board in
Case #03-03, the Respondents, Eric J. Vance and Janice Vance have been in
violation of Town Code Section 4-19(b)(4) -barking dogs creating a nuisance-and
that the Respondents come into compliance before May 13, 2003. If
compliance is not met a fine of $100.00 be imposed for each subsequent
violation. Ms. Preece seconded. Motion passed unanimously.
Attorney Gougleman informed Mr.
Vance that the Order of the Board would be recorded at the courthouse and will ultimately
become a lien.
7. 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
*Benchmark schedule issued by
the Board on May 22, 2002 has been satisfied to date
The Building Official/Code
Enforcement Officer Cathy Spafford, advised the Board that the benchmark schedule
is on track.
CEB No.
03-02 Djon
Pepaj
(Property Owner) COMPLIED 2/14/03
Melinda
Pepaj
1001 S.
Riverside Dr.
Indialantic,
FL 32903
Melvin
Hale
(Business Owner)
Hale’s
Gallery
205 Fifth
Avenue
Indialantic,
FL 32903
Violation location: 205 Fifth
Avenue
17-106.2(2)(a) Portable sign
The Building Official/Code
Enforcement Officer Cathy Spafford, informed the Board that this property has
complied.
8. UNFINISHED
BUSINESS
Diane Young
Indialantic,
FL 32903
Code Section 15-20(a)
Commercial vehicle
Attorney Novak presented a copy of a draft ordinance addressing commercial vehicles. With input from Attorney Gougleman the Board approved of the content and requested the draft be presented to the Town Manager.
Attorney Novak has previously
stated that the current ordinance regarding commercial vehicles is vague.
Therefore, this case should be dismissed in its entirety.
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)
Attorney Novak informed the Board of the pending sale of this property. The purchaser is waiting for a site-plan approval.
9. OTHER
Satisfaction of Lien CEB
00-06 Victoria
Manrodt
1010
Wavecrest Avenue
The Town Clerk filed a Satisfaction of Lien on the above case in the amount of
$830.00.
10. NEW BUSINESS
Ms. Preece suggested the need for Code Enforcement to be available on weekends. Chairman Harrison agreed to call the Town Manager to discuss the issue.
11. ADJOURNMENT
Chairman Harrison adjourned the
meeting at 9:20 p.m.
Todd Harrison,
Chairman
Shirlee Walker, Secretary