TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING

May 13, 1997 Town Hall 7:00 PM

MINUTES NO. 97-3

I. CALL TO ORDER 7:00 P.M.

Chairman Preece called the meeting to order at 7:00 P.M.

II. ROLL CALL

The secretary called the roll.

III. APPROVAL OF PRIOR MEETING MINUTES

Mr. Campbell moved to approve Minutes No. 97-2 - April 15, 1997. Mr. Brillante seconded. Motion carried unanimously.

IV. OPENING STATEMENT

Chairman Preece read the opening statement.

V. VIOLATION HEARINGS

There were no violation hearings.

VI. VIOLATION HEARINGS PENDING

There were no violation hearings pending.

VII. REPORTS OF COMPLIANCE/NON-COMPLIANCE WITH PREVIOUS

ORDERS

There were no reports.

VIII. REPORTS OF COMPLIANCE/NON-COMPLIANCE WITH PREVIOUS NOTICES OF HEARING

There were no reports.

IX. OLD BUSINESS

Discussion and possible action regarding lien on 915 S. Riverside Drive - requested by

Mr. Keith Milligan. Case No. 86-33 from February 23, 1987. Continued from April 15, 1997.

Prosecuting Attorney Mark Gager informed the Board that he had reviewed all the

documents and concluded that the Town had acted in conformance with the state statutes. He recommended that the Board not forgive or reduce the lien.

Mr. Milligan was sworn in and requested the opportunity to clarify the documents contained in the file.

It was the consensus of the Board that any additional facts or evidence were inadmissable and irrelevant as the time for appeal had expired 30 days after the original decision over 10 years prior.

Mr. Milligan maintained the following mitigating circumstances should be considered:

1. He never received a copy of the recorded lien.

2. He was inhibited by the Town from performing properly due to the delays in obtaining permits.

3. The purpose of a code enforcement fine is to ensure compliance and not punishment. He was in compliance when the fine was levied.

4. The original citation was delivered to his wife inappropriately.

Mr. Milligan requested that the Board rescind the lien since his intention was to improve his property with a substantial addition to his residence.

Chairman Preece closed the hearing.

Mr. Brillante moved to deny Mr. Milligan's request for relief from the pending fine. Mr. Campbell seconded. Motion carried unanimously.

X. NEW BUSINESS

Chairman Preece informed the Board that Mr. Gougelman, the Town Attorney, has

accepted a new position which poses a conflict with the Board's meetings scheduled for the second Tuesday of each month. She suggested the Board move their meetings to the third Tuesday of each month.

Mr. Campbell moved that the Code Enforcement Board meet on the third Tuesday of each month. Mr.Young seconded. Motion carried unanimously.

XI. ADJOURNMENT

The meeting was adjourned at 7:50 P.M.

______________________________

Betty Preece, Chairman

________________________________

Barbara Brownlie, Secretary