TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD
May 22, 2002 Town Hall 7:00 PM
MINUTES NO. 02-02
1. CALL TO ORDER 7:00 P.M.
In the absence of Chairman Brillante, Vice Chairman Harrison called the meeting to order at 7:00 p.m.
2. ROLL CALL
MEMBERS PRESENT MEMBERS EXCUSED
John Fallon, 1st Alt
David Hallac, 2nd Alt
Paul Gougelman, Town Attorney
Brian Barber, Code Enforcement Officer
Shirlee Walker, Recording Secretary
3. OATH OF OFFICE
4. APPROVAL OF PRIOR MEETING MINUTES
Mr. Campbell moved that Minutes No. 02-01 March 6, 2002 be approved as written. Ms. Preece seconded. Motion passed unanimously.
5. OPENING STATEMENT
Vice Chairman Harrison read the opening statement.
6. VIOLATION HEARINGS PENDING
CEB No. 02-04 Charles Fabyan
Anne Fabyan
6815 S. A1A
Melbourne Beach, FL 32951
Violation address: 109-115 S. Miramar, Indialantic, FL 32903
Code Section 17-106.2(2)(a) Prohibited signs and Code Section 13-3(a) Display of goods
Complied as of May 10, 2002 (outdoor display ordinance change still under consideration by Zoning and Planning Board for C-2 zoning district)
Compliance has been confirmed. A letter of compliance will be mailed to Respondents.
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
(Dumpster enclosure built - as of May 15, no concrete base)
Compliance has been confirmed. A letter of compliance will be mailed to Respondent.
7. VIOLATION HEARINGS
CEB No. 02-10 James E. Dunning
321 Melbourne Avenue
Indialantic, FL 32903
Code Section 17-99(a)(1) & (2) Enclosed garage – no replacement
Mr. Barber was qualified as a Code Enforcement Officer and tendered as an expert by Attorney Novak.
Mr. Barber testified that on February 15, 2002, the former Code Officer, Mr. Krulikowski, placed a Stop Work Order on the residence at 321 Melbourne Avenue. The garage was enclosed and work was continuing on the exterior of the home. On February 26, 2002, a letter signed by Mr. Krulikowski was delivered by a police officer to Mr. Dunning. This letter advised Mr. Dunning to make application for the appropriate permits within 48 hours. Mr. Dunning failed to submit an application for the required permits.
Mr. Krulikowski resigned his position with the Town of Indialantic and Mr. Barber the former Building Official/Code Officer, continued this case. On April 16, 2002, a letter again advised Mr. Dunning to submit a building application for the required 20 X 20 garage (including a site plan). (Mr. Barber has confirmed that the property will accommodate a 20’ X 20’ garage as required by code.) On April 24, 2002, after receiving a Notice of Hearing, Mr. Dunning picked up a building application at town hall. As of today, a building application with survey and site plan has not been submitted and Mr. Dunning remains in violation of Code Section 17-99(a)(1) & (2).
Attorney Gougelman clarified that no building permit was issued for the enclosure and no citation was issued for construction without a permit.
Attorney Gougelman swore in Mr. Dunning who testified that all construction work was finished by the time the Stop Work order was posted on his property. Mr. Dunning presented a letter from Engineering & Design Concepts, Inc. confirming a contract to design and engineer construction for a new garage to be located in the rear yard of the residence.
Mr. Dunning stated that he needs at least three weeks to go over plans and 18 months to finish construction due to his financial situation.
Mr. Barber stated that 18 months was too long of a period since a permit becomes null and void if work or construction authorized is not commenced within 6 months or if construction or work is suspended or abandoned for a period of 6 months at any time after construction has begun.
Attorney Novak informed the Board that Mr. Dunning is in violation and in order to comply an application for construction should be submitted within 30 days.
Vice Chairman Harrison closed the hearing for discussion.
After discussion, Ms. Preece offered the following benchmarks:
·Apply for permit within 30 days
·pour a slab within 6 months
·be ready for dry-in inspection within another 6 months
·be totally completed within an additional 6 months
Additionally, a fine of $10.00 per day be imposed if any benchmark is not met.
Attorney Gougelman inquired of Mr. Dunning if this schedule was workable for him. Mr. Dunning stated that this schedule is exactly what he needs.
Ms. Preece moved that Mr. Dunning be found in violation of Town Code Section 17-99(a)(1) & (2) and that the Respondent be held to the scheduled benchmarks of 30 days to obtain permit, 6 months to pour slab, an additional 6 months for dry-in (walls and trusses) and another 6 months for completion. A fine of $10.00 per day to be imposed for any scheduled benchmark not met. Additionally, this Order is to be entered into the public record of the property. Mr. Campbell seconded. Motion passed unanimously.
CEB No. 02-11 Diane B. Horsley and Brett L. Horsley
320 2nd Avenue
Indialantic, FL 32903
Code Section 5.5-67 Exterior maintenance of home
Attorney Gougelman swore in Ms. Horsley.
Mr. Barber testified to conversations with Mr. Krulikowski regarding this violation of faded/peeling paint. As of today the property is still in violation.
A faxed correspondence from Ms. Horsley was received on May 21, 2002. The fax stated that due to the county doing sewer work on Second Avenue, the road was dusty and potholed and not conducive to a nice paint job. Along with the letter, a note from Chuck DeMarse, painter, dated April 1, 2002 stated that contact had been made with the Horsleys in reference to the painting of their home and that the painting should be completed within a month (since he is backed up with work). Attorney Novak questioned why the work had not been completed within a month as stated by Mr. DeMarse.
Ms. Horsley then entered into evidence a note from the painter, Mr. DeMarse dated May 22, 2002 stating that the house was scheduled for painting last year, but due to road construction he decided to wait since too much dust was not good for painting. Mr. DeMarse further stated that the house would be completed by July. Also entered into evidence was photos taken by Ms. Horsley (prior to the meeting) of the residence at 320 Second Avenue.
Upon inquiry by Attorney Novak, Ms. Horsley stated that she didn’t have a contract for the painting of the home and that no other contractor had been contacted
Attorney Novak advised the Board that Ms. Horsley was in violation and requested that a deadline of July 1, 2002 be given with a fine of $100 a day to be assessed if the work is not completed in the given timeframe.
Vice Chairman Harrison closed the hearing for discussion.
Mr. Campbell moved that the Respondent, Ms. Horsley be found in violation of Town Code Section 5.5-67 and the Respondent be given 35 days to come into compliance; if compliance is not met a fine of $100.00 per day be imposed for each day the violation continues. Ms. Preece seconded.
Ms. Horsley requested that her husband’s name be included in the motion and stated first.
Mr. Campbell accepted the amendment and moved that the Respondents, Brett L. Horsley and Diane B. Horsley be found in violation of Town Code Section 5.5-67 and the Respondents be given 35 days to come into compliance; if compliance is not met a fine of $100.00 per day be imposed for each day the violation continues. Ms. Preece seconded. Motion passed unanimously.
8. REPORTS OF NON‑COMPLIANCE WITH PREVIOUS ORDERS
CEB 00-06 Victoria Manrodt REPEAT VIOLATION
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 that this repeat violation was subject to a fine of $20.00 per day from the date of May 8, 2002. The Board reduced the previous fine of $1,660 to $830.00 on June 20, 2001. The fine should now be reduced to a lien on the property.
Mr. Barber, having been previously sworn in and qualified, informed the Board that he visited the property at 1010 Wavecrest Avenue on May 8, 2002 and spoke to Ms. Manrodt regarding the condition of the pool. Mr. Barber suggested to Ms. Manrodt that the pool could be drained or filled with dirt. Cleaning the pool and adding chemicals would not be effective since the pool pump does not work and the pool is cracked (according to Ms. Manrodt).
Ms. Mary Dean Wood, was present and testified that the apartment building she manages at 1011 S. Miramar overlooks the pool area in violation. Tenants complain of noises from frogs and the nuisance of mosquitoes and bugs from the stagnant pool. Ms. Woods stated that previous action by the Board has not resulted in the pool being maintained and asked that more stringent measures be taken.
Vice Chairman Harrison closed the hearing for discussion.
Attorney Novak requested that the Board find this property in violation and due to the repeat violation status, the Respondent should be given 10 days to bring the property into compliance. If compliance is not met within 10 days, a fine of $100.00 per day be imposed. Attorney Novak also added that the previous fine of $20.00 per day has not been effective in forcing the property owner to maintain the property.
Ms. Preece moved that the Respondent Ms. Manrodt be found in violation of Town Code Section 17-105 (6) and that the Respondent be given 14 days to come into compliance: if compliance is not met a fine of $100.00 a day be imposed for each day of violation. Further, this motion is presented as a repeat violation. Mr. Campbell seconded. Motion passed unanimously.
9. REPORTS OF COMPLIANCE WITH PREVIOUS ORDERS
None
10. OLD BUSINESS
Attorney Novak updated the Board on the Laham lien.
11. NEW BUSINESS
12. OTHER
13. ADJOURNMENT
Vice Chairman Harrison adjourned the meeting at 9:00 p.m.
Todd Harrison, Vice Chairman
Shirlee Walker, Secretary