TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD
May 31, 2000 Town Hall 7:00 PM
MINUTES NO. 00-3
MEMBERS PRESENT MEMBERS EXCUSED
Betty Preece, Chairman Raymond Young
Orlando Brillante
Ronald Campbell
Todd Harrison
Carroll Williams
Paul Gougelman, Town Attorney
Mark Gager, Prosecuting Attorney
Kathy Maynor, Code Enforcement Officer
Shirlee Walker, Secretary
1. CALL TO ORDER 7:00 P.M.
Chairman Preece called the meeting to order at 7:00 pm.
2. ROLL CALL
The secretary called the roll.
3. OATH OF OFFICE
Atty. Paul Gougelman administered the Oath of Office to new member Todd Harrison.
4. APPROVAL OF PRIOR MEETING MINUTES
Mr. Campbell moved thatMinutes No. 00-02 from April 11, 2000 be approved as written. Mr. Brillante seconded. Motion passed unanimously.
5. OPENING STATEMENT
Chairman Preece read the opening statement.
6. VIOLATION HEARINGS
A. CEB No. 00-01 Angelo Bonafiglia Tabled from 4/11/00 Meeting
42 Van Cleef St.
Site in violation- 321 Sixth Ave, Indialantic, FL 32903 (BonaDent)
17-107 All industrial or manufacturing uses are prohibited
17-125 (1)(i) Permitted uses: Professional activities that do not involve manufacturing
Ms. Andrea Bonafiglia was present to represent the property owner, Angelo Bonafiglia. Attorney Paul Gougelman swore in Ms. Bonafiglia. Ms. Bonafiglia stated that the BonaDent business would be relocating to Melbourne within a year. Ms. Bonafiglia accepted the stipulated agreement drawn up by Prosecuting Attorney, Mark Gager, which would allow BonaDent to continue business at the present location until April 11, 2001. She informed the Board that the parking situation has been resolved.
Chairman Preece closed the hearing for discussion.
Mr. Williams moved that Angelo Bonafiglia be found in violation of Code Section 17-107 and 17-125 (1)(i) and to accept the stipulated order allowing the BonaDent Dental Lab to continue business at the present location until April 11, 2001. If the respondent does not terminate all business activities in violation of Code Sections 17-107 and 17-125 (1)(i) on or before April 11, 2001, then a fine in the amount of $100.00 shall be imposed against the Respondent beginning on April 12, 2001 and continue for each and every day until the Respondent’s business activities are ceased. Mr. Hirsch seconded. Motion passed unanimously.
B. CEB No. 00-05 Bert Lee Complied before hearing
131 Miami Avenue
Indialantic, Fl. 32903
17-106 (5) (a) erecting sign without permit
Site of violation – 136 5th Avenue (Beach One)
C. CEB No. 00-07 Florida Lodging Associates, Inc.
John Odde
601 N. Miramar Avenue
Indialantic, FL 32903
5.5-71 deteriorated fence - holes, missing slats, falling (Sand Dollar Motel)
No one was present to represent Florida Lodging Associates, Inc.
Attorney Gougelman swore in the Code Enforcement Officer, Kathy Maynor. Ms Maynor informed the Board that Mr. Odde had received Citation #1851 by certified mail on March 30, 2000, allowing 20 days for the violation to be corrected. The property was reinspected on April 20 and May 10. The violation had not been corrected.
Ms. Maynor hand delivered notice of this hearing to Mr. Odde on May 12, 2000.
Ms.Maynor gave testimony and presented pictures of the deteriorated fence located on the north side of the Sand Dollar Motel at 601 N. Miramar Avenue. She informed the Board that she had inspected the property again today and the violation still exists.
Chairman Preece closed the hearing for discussion.
Mr. Campbell moved that the Respondent be found in violation of Code Section 5.5-71 and that the Respondent be allowed 14 days to come into compliance. If compliance is not met, a fine of $30.00 per day will be imposed for each day the violation continues. Mr. Williams seconded. Motion passed unanimously.
D. CEB No. 00-08 Mary Frese Complied before hearing
17-105 (1) (2) privacy fence missing sections surrounding a pool
E.
CEB No. 00-09
Nellie Hill
Neal Sparks
105 Third Avenue
Indialantic, Fl. 32903
5.5-67 dwelling with faded, peeling paint and deteriorated wood
No one was present to represent the Respondents, Nellie Hill and Neal Sparks.
The Code Enforcement Officer informed the Board that the Respondents had received Citation #1854 by certified mail on April 4, allowing 30 days to correct violation 5.5-67. The property was inspected on May 4 and May 10. The violation was uncorrected on these dates.
Notice of this hearing was mailed certified and received by Nellie Hill on May 13, 2000.
The Code Enforcement Officer, Ms. Maynor, gave testimony to the Board and presented pictures of the residence located at 105 Third Avenue. Ms. Maynor informed the Board that she had inspected the property today and the violation still exists.
Chairman Preece closed the hearing for discussion.
Mr. Williams moved that the Respondents be found in violation of Code Section 5.5-67 and that the Respondents be given 45 days to come into compliance. If compliance is not met, a fine of $30.00 per day will be imposed for each day the violation continues. Mr. Brillante seconded. Motion passed unanimously.
7. REPORTS OF COMPLIANCE WITH PREVIOUS ORDERS
A. CEB 00-06 Victoria Manrodt Complied as of May 3, 2000
17-105 (5) Stagnant swimming pool. Re-occurring violation
Fine of $20.00 per day beginning Wednesday, May 3, 2000.
8. REPORTS OF NON‑COMPLIANCE WITH PREVIOUS ORDERS
9. OLD BUSINESS
The following case has been settled with a fine of $7,000 being paid to the Town. Satisfaction of Lien was filed on April 25, 2000.
A. CEB No. 93-20 Mr. John Gilbert
D/B/A Harvest Electric
205 N. Riverside Dr.
Indialantic, Fl. 32903
9-8 Operating business prohibited by zoning: 17-125(b)(14), 17-125(C), R-P Regulations. Fine of $100 per day started February 3, 1994.
10. NEW BUSINESS
None
11. ADJOURNMENT
Chairman Preece adjourned the meeting at 8:20 pm. Next meeting scheduled as a workshop on July 12, 2000 at 7:00 pm.
Betty Preece, Chairman
Shirlee Walker, Secretary