TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
July 12, 2006 Town Hall 7:00 PM
MINUTES NO. 06-02
PRESENT
Ronald Campbell, V. Chairman
Orlando Brillante, Member
Keith Mauter, 1nd Alt.
Beverly Goldner, 2nd Alt.
Suzanne Crockett, Prosecuting Attorney
Cliff Stokes, Code Enforcement Officer
Barbara Brownlie, Secretary
ABSENT Todd Harrison, Member
Ray Young, Member
1. CALL TO ORDER 7:00 P.M.
Chairman Campbell called the meeting to order at 7:00 P.M.
2. ROLL CALL
The secretary called the role.
3. OATH OF OFFICE FOR NEW MEMBER
Attorney Gougelman administered the Oath of Office to Beverly Goldner, 2nd Alternate.
4. APPROVAL OF MINUTES – DECEMBER 07, 2005
Ms. Preece moved to approve Minutes No. 06-01. Mr. Brillante seconded.
A typographical error in the meeting start time was noted.
Motion to approve minutes as corrected passed unanimously.
Chairman Campbell read the opening statement.
CEB Case Number 06-003Robert Schenkelberg
Post Office Box 034118
Indialantic, Florida 32903
225 Michigan Avenue, Indialantic, Florida 32903
Town Code Section 17-116(1), (3), (5), (6) and (8) (b) – Temporary portable storage units.
Attorney Crockett advised that Case No 06-003 had complied and that no evidence would be heard.
CEB Case Number 06-004William K. Brooks, Sr.
205 River Road
Newport News, Virginia 23601
1414 South Palm Avenue, Indialantic, Florida 32903
Town Code Section 5.5-65 – Trash container areas.
Town Code Section 5.5-67 – Building exteriors.
Town Code Section 5.5-68 – Landscaping.
Town Code Section 5.5-71 – Fences and walls.
Town Code Section 8-2 – Accumulations prohibited generally.
Town Code Section 8-3 – Accumulations longer than four days prohibited;
exceptions.
Town Code Section 8-12 – Location of residential receptacles; removal
from right-of-way.
Town Code Section 17-105 – Swimming pools.
Attorney Gougelman swore in Mr. Stokes and Attorney Crockett qualified him as an expert in Code Enforcement.
Attorney Crockett elicited testimony from Mr. Stokes establishing the existing violations.
Photographs from June 22, 2006 and July 12, 2006 were entered into the record as Town Exhibits #1 and #2.
Attorney Crockett recommended that Mr. Brooks be found in violation and be given 30 days to come into compliance or face a fine of up to $250 per day.
Michael Terry, 2963 Chica Cr, W Melbourne, represented the property owner and was sworn in to provide testimony. Mr. Terry explained that Mr. Brooks was willing to pursue the necessary remedies.
Attorney Gougelman clarified that violations of Code Section 8-3 and 8-12 had already been corrected.
After discussion, Mr. Brillante moved to find William K Brooks as owner of property located at 1414 S Palm Ave in violation of Town Code Sections 5.5-65, 5.5-67, 5.5-68, 5.5-71, 8-2 and 17-105 and that the respondent be give 30 days to comply or face a fine of $50.00 per day for each day the violations continue, that time frame being contingent on the ability of the respondent to satisfy any survey requirements of the Building Official. Mr. Mauter seconded.
The Board further discussed the safety hazard afforded by the unfenced pool and Attorney Gougelman advised that it is the property owner’s and not the Town’s obligation to remedy the situation.
Motion carried unanimously.
CEB Case Number 06-005Djon &Melinda Pepaj
249 Fifth Avenue
Indialantic, Florida 32903
(Paradise Rugs, Flooring, Blinds, Inc.)
235 Fifth Avenue, Indialantic, Florida 32903
Town Code Section 17-106 (5)(b) – Permits.
Town Code Section 17-106.4 (f)(f) – Transient signs. (See definition).
Town Code Section 17-106.4 (f)(g) - Transient signs. (See definition).
Attorney Crockett advised that Case No 06-005 had complied and that no evidence would be heard.
CEB Case Number 06-006Jeremy Norcross
480 Grant Avenue
Satellite Beach, Florida 32937
346 Third Avenue, Indialantic, Florida 32903
Town Code Section 5.5-63 – General maintenance.
Town Code Section 5.5-67 – Building exteriors.
Town Code Section 5.5-68 – Landscaping.
Town Code Section 5.5-71 – Fences and walls.
In answer to questions from Attorney Crockett, Code Enforcement officer Cliff Stokes provided testimony concerning the violations and advised that he had had no contact with the property owner.
Attorney Crockett requested that the Board find the property owner in violation of the codes as cited, require that the owner bring the property into compliance within 30 days or be fined up to $250 per day for each day the violation continues.
Ms. Preece questioned whether this should be considered a re-curring case.
Attorney Gougelman advised that it is up to the Prosecutor and Code Enforcement Officer to determine the basis for a re-curring case and that there is a time frame involved.
In response to a question from Attorney Gougelman, Mr. Stokes verified that the grass growth is in excess of 8” in height.
Photographs dated June 6, 2006 and July 12, 2006 were entered into the record as Town Exhibits #1 and #2 in Case No 06-006.
Attorney Gougelman swore in property owner Jeremy Norcross.
Mr. Norcross apologized for the lack of maintenance and requested 90 days to bring the property into compliance. He presented three photographs that were entered into the record as Respondent’s Exhibits #1A, B and C.
Mr. Norcross further explained his plans to renovate the building when funding becomes available in August and his intentions concerning selling the property.
Attorney Gougelman advised the respondent that he is required to disclose this proceeding at the real estate closing if the property sells.
The Building Official clarified the consequences of pulling an owner-builder permit and then selling the property within a certain time frame.
Ms. Preece moved that in Case 06-006 the respondent, Jeremy Norcross, be found in violation of the codes sections cited for the property at 346 Third Avenue and be given 90 days to comply or face a fine of $25.00 per day for each day the violation continues. Mr. Campbell seconded.
After discussion, Mr. Campbell moved to amend the motion to allow 15 days to comply with Code Sec. 5.5-68 – Landscaping, 30 days to comply with 5.5-63 – General Maintenance, and 5.5-71 – Fences and Walls and 60 days to comply with 5.5-67 – Building Exteriors and to impose a fine of $50.00 per day total for each day any violation continues after the set time period.
Ms. Preece accepted the amendment.
Motion to approve the amendment as stipulated passed unanimously.
Motion to approve the amended motion carried unanimously.
CEB Case Number 06-007 Barbara A. Person
1406 South Riverside Drive
Indialantic, Florida 32903
442 Fourth Avenue, Indialantic, Florida 32903
Town Code Section 17-125 (13)(a) – Buffer wall.
Mr. Stokes testified indicating that the respondent had engaged a contractor, secured a permit and that work had begun. He indicated that work was currently ceased until a survey could be provided.
Attorney Crockett recommended that that the respondent be found in violation and that the case be continued to give Ms. Person the opportunity to come into compliance.
Attorney Gougelman clarified the following evidence to be entered into the records: Case 06-007 Town Exhibit #1 – Photos dated 6/22/06; Exhibit #2 – documentation as to the notification procedure and Exhibit #3 – Photos dated 7/12/06/.
Mr. Brillante moved to find that in Case No. 06-007 Ms. Person be found in violation of Code Sec. 17-125(13)(a) as to the property located at 442 Fourth Ave., Indialantic, and that she be given 30 days to come into compliance or face a fine of $50.00 per day for each day the violation continues. Ms. Preece seconded. Motion carried unanimously.
Attorney Crockett reported the following cases are now in compliance.
CEB Case Number 06-001 A & CH Properties, LLC
9705 Hwy. 98 West
Destin, FL 32550
Registered Agent – Chaim Hershkowits
Wildside, 100 Fourth Avenue, Indialantic, FL 32903
Town Code Section 5.5-67 – Building maintenance.
Town Code Section 5.5-68 (b) and (d) – Landscaping maintenance.
Town Code Section 8-12.1 (d) (1) (6) – Dumpster enclosure maintenance.
CEB Case Number 06-002 David W. Kempf
Gale M. Kempf
336 Fifth Avenue
Indialantic, FL 32903
Kempf’s Jewelry, 336 Fifth Avenue, Indialantic, FL 32903
Town Code Section 17-106.4 (6) (e) (1) – Detached sign modification
The meeting was adjourned at 8:30 PM.
________________________
Ron Campbell, Chairman
Barbara Brownlie, Secretary