TOWN OF I N D I A L A N T I C

            Brevard County, Florida 32903

             CODE ENFORCEMENT BOARD

June 20, 2001 Town Hall 7:00 PM

      MINUTES NO. 01-06

 

1.            CALL TO ORDER 7:00 P.M.

 

Chairman Campbell called the meeting to order at 7:00 p.m.

 

2.            ROLL CALL

 

The following members were present:

 

            Ronald Campbell, Chairman

Raymond Young, V. Chairman

            Orlando Brillante, Member

            Todd Harrison, Member

            Cliff Hirsch, Member

                Betty Preece, Member

            Suzanne Novak, Prosecuting Attorney

                Robert Wattwood, Town Attorney

Stanley E. Krulikowski, Code Enforcement Officer

            Shirlee Walker, Secretary

 

3.         APPROVAL OF PRIOR MEETING MINUTES

 

Mr. Brillante moved that Minutes No. 01-05 Special Meeting May 23, 2001 and Minutes No. 01-04, March 28, 2001, be approved as written. Ms. Preece seconded. Motion passed unanimously.

       

4.         OPENING STATEMENT

 

The Chairman read the Opening Statement.

 

5.         VIOLATION HEARINGS

 

CEB No. 01-05          Stephen M. Laham

                                   520 N Riverside Dr

                                   Indialantic, Fl. 32903

 

Code Section 13-7            Fence encroachment on right-of-way

 

The Board was presented a letter from Mr. Laham requesting that this case be rescheduled due to his inability to attend the meeting.

 

Attorney Novak informed the Board that the Town is prepared to present testimony in the absence of Mr. Laham.

 

Mr. Brillante moved to hear testimony from the Town that will help the Board consider whether or not to proceed. Ms. Preece seconded.

 

After discussion with Attorney Wattwood and other Board members, Mr. Brillante rescinded his motion.

 

Mr. Hirsch moved to table this case. Mr. Harrison seconded.

 

After a brief discussion, the motion to table this case failed unanimously and the Board proceeded to hear testimony.

 

Attorney Wattwood swore in Code Enforcement Officer, Mr. Stanley E. Krulikowski. Mr. Krulikowski was accepted as an expert in code enforcement and building regulations.

 

Mr. Krulikowski gave a brief history of the case stating that on April 4, 2001, American Fence submitted an application for a fence to be installed at the 520 N. Riverside Drive property. Based upon the survey drawing of the location of the fence, a permit to install the fence was issued on April 19, 2001. On April 27, 2001, upon final inspection for the fence installation, Mr. Krulikowski informed American Fence and Ms. Laham that the fence was not installed as permitted, and encroached approximately 12 feet into the Town right-of-way.

 

On May 15, 2001, Mr. Krulikowski spoke to a representative from American Fence and Ms. Laham. Both agreed that the fence should be moved within the property boundaries and out of the right-of-way.

 

A re-inspection on May 18, 2001 revealed that the fence was still in the Town right-of-way.

 

A Notice of Violation was sent by certified mail on May 21, 2001, giving Mr. Laham 10 days to comply. Molli Laham signed for this notice on May 22, 2001.

 

A photograph dated June 6, 2001, showing the fence still in violation, was presented to the Board

 

An Indialantic Police Officer delivered a Notice of Hearing to 520 N. Riverside Drive on June 8, 2001. Mrs. Laham received this Notice, which advised Mr. Laham that the Hearing date would be June 20, 2001.

 

Mr. Laham presented a letter on June 14, 2001 advising that he would be out of the country on this date and requested that the hearing be rescheduled.

 

After discussion, Mr. Brillante moved that Mr. Laham be found in violation of Code Section 13-7 and that the respondent be given 15 days to comply and if compliance is not met, a fine of $35.00 per day be imposed starting on the 16th day. Mr. Harrison seconded. Motion passed unanimously.

 

6.         REPORTS OF NON‑COMPLIANCE WITH PREVIOUS ORDERS

 

None

 

    7.REPORTS OF COMPLIANCE WITH PREVIOUS ORDERS

 

        CEB No. 00-06

                           Victoria Manrodt

                              1010 Wavecrest Ave

                              Indialantic, Fl. 32903

 

Complied as of 4/4/01 Fine to date $1,660.00

 

Ms. Manrodt was present and requested that the fine be waived.

 

Attorney Novak recited the history of this case and advised the Board that the Town has no objections to this fine being waived since Ms. Manrodt is now in compliance.

 

After discussion, Ms. Preece moved that the fine be reduced to $830.00. Mr. Young seconded. Motion passed unanimously.

 

CEB No. 96-01

            Lillian Ramey

            230 Third Ave

            Indialantic, Fl. 32903

 

Complied as of 4/12/01 Fine to date $1,215.00

 

            Ms. Ramey was present and requested that her fine be waived and the lien be released on her property.

 

Attorney Novak presented the history of this case to the Board and stated that the Town has no objections to this fine/lien being waived.

 

After discussion, the Chairman called for a motion. There was no motion and no action was taken.

 

8.        OLD BUSINESS

           

            CEB No. 00-01 

                         BonaDent Dental Lab

            321 Sixth Avenue

                   Indialantic, Fl. 32903

 

Code Section 17-125(1)(i) Non-permitted use (manufacturing)        

 

Mr. Krulikowski advised the Board that BonaDent has vacated the property.        

                 

9.         NEW BUSINESS

 

There was no new business.

 

   10.   ADJOURNMENT

 

            The Chairman adjourned the meeting at 8:40 p.m.

 

 

                                                                                               

                                                            R. H. Campbell, Chairman

 

                                   

Shirlee Walker, Secretary