TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
July 11, 2007 Town Hall 7:00 PM
PRESENT Todd Harrison, Chairman
Ronald Campbell, Member
Betty Preece, Member
Suzanne Crockett, Prosecuting Attorney
Cliff Stokes, Code Enforcement Officer
Julie Anne Holmgren, Secretary
ABSENT Orlando Brillante, Member
1. CALL TO ORDER 7:00 P.M.
Chairman Harrison called the meeting to order at 7:00 P.M.
2. ROLL CALL
The secretary called the role.
3. APPROVAL OF MINUTES – April 4, 2007
Mr. Campbell moved to approve the minutes. Chairman Harrison seconded. Motion passed unanimously.
4. OPENING STATEMENT
Chairman Harrison read the opening statement.
5. VIOLATION HEARINGS:
A. CEB Case Number 07-012 Nazario Rodriguez
412 Tenth Avenue
Indialantic, Florida 32903
412 Tenth Avenue, Indialantic, Florida 32903
Town Code Section 5.5-64 Paved and unpaved areas
Town Code Section 5.5-63 General maintenance
Town Code Section 5.5-67 Building exteriors
Town Code Section 5.5-68(d) Landscaping
Town Code Section 8-2 Accumulations prohibited generally
Attorney Gougelman swore in Mr. Stokes and Attorney Crockett qualified him as an expert in Code Enforcement.
Attorney Crockett elicited testimony from Mr. Stokes. On July 2, 2007, Mr. Stokes reinspected the property and established that violations to Town Code Section 5.5-63 and 5.5-67 still exist.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – April 18, 2007 Certified letter from Town Manager Mr. Chinault to
Mr. Rodriguez.
Exhibit B – Signed green return receipt from April 18, 2007 letter.
Exhibit C – Statement of Violation and Request for Hearing
Exhibit D – Notice of Hearing
Exhibit E – Green return receipt
Composite Exhibit F – Two (2) photographs dated May 16, 2007 identified by Mr. Stokes
Composite Exhibit G – Three (3) photographs taken July 11, 2007
Mr. Campbell moved to find that in Case No. 07-012 Nazario Rodriguez be found guilty in violation of Code Section 5.5-63 and 5.5-67 and that the Respondent be given 30 days to comply or face a fine of $250.00 per day for each day the violation continues. Ms. Preece seconded. Motion carried unanimously.
B. CEB Case Number 07-013 Kimberly Meriedeth
425 Palmetto Place
Indialantic, Florida 32903
425 Palmetto Place, Indialantic, Florida 32903
Town Code Section 9-6 Delinquency penalty
Attorney Gougelman swore in Ms. Meriedeth and Attorney Crockett elicited testimony from Ms. Meriedeth. Ms. Meriedeth stated that she has not been operating a business out of her home for almost a year and has sold the business vehicle. Attorney Crockett advised that Case No. 07-013 had complied, no evidence would be heard and that the charges have been dismissed.
C. CEB Case Number 07-014 Kim Meriedeth
425 Palmetto Place
Indialantic, Florida 32903
425 Palmetto Place, Indialantic, Florida 32903
Town Code Section 17-102(2) Home occupations
Attorney Gougelman swore in Ms. Meriedeth and Attorney Crockett elicited testimony from Ms. Meriedeth. Ms. Merideth stated that she has not been operating a business out of her home for almost a year and has sold the business vehicle. Attorney Crockett advised that Case No. 07-014 had complied, no evidence would be heard and that the charges have been dismissed.
6. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS:
None.
7. UNFINISHED BUSINESS:
A. CEB Case Number 07-008 Fifth Avenue Realty LLC
4420 Connecticut Avenue, Suite 2
Washington, DC 20008
COMPLIED
(a) 147 Fifth Avenue, Indialantic, Florida 32903
(a) Town Code Section 8-52
(a) Unlawful acts (Stapling flyers to mailboxes)
COMPLIED
(b) 147 Fifth Avenue, Indialantic, Florida 32903
(b) Town Code Section 13-3
(b) Display of goods
COMPLIED
(c) 147 Fifth Avenue, Indialantic, Florida 32903
(c) Code Section 17-132
(c) Outdoor cafés (Outdoor tables and chairs need to be removed immediately. Inspection and approval from the fire department as well as the building department is required prior to opening such outdoor cafés for business, and require periodically thereafter.)
(d) 147 Fifth Avenue, Indialantic, Florida 32903
(d) Town Code Section 17-106.4 (6)(e)
(d) C, C-1, and C-2 Commercial Districts. (Detached sign exceeds square footage allowed)
Attorney Crockett advised that the property owner has until August 4, 2007 to come into compliance and that the Town will continue to monitor.
COMPLIED
(e) 147 Fifth Avenue, Indialantic, Florida 32903
(e) Town Code Section 17-132
(e) Outdoor café (Tables are being stored outside of café area at side of building)
COMPLIED
(f) 100 Block Fifth Avenue, Indialantic, Florida 32903
(f) Town Code Section 5.5-63
(f) General maintenance
COMPLIED
(g) 100 Block Fifth Avenue, Indialantic, Florida 32903
(g) Town Code Section 5.5-67
(g) Building exteriors
COMPLIED
(h) 100 Block Fifth Avenue, Indialantic, Florida 32903
(h) Town Code Section 17-129 (4)
(h) Site plan approval (dumpster moved)
COMPLIED
(i) 147 Fifth Avenue, Indialantic, Florida 32903
(i) Town Code Section 17-132
(i) Outdoor cafés (Extending outdoor café beyond what is approved by Town. Cannot add couch or tables or chairs, which is what has been happening)
COMPLIED
(j) 100 Block Fifth Avenue, Indialantic, Florida 32903
(j) Town Code Section 5.5-64
(j) Paved and unpaved areas (Trash is on the ground all around the dumpster)
8. ADJOURNMENT:
Meeting adjourned at 7:35 p.m.
______________________________
Todd Harrison, Chairman
Julie Anne Holmgren, Secretary