TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
July 23, 2003 Town Hall 7:00 PM
MINUTES NO. 03-04
1. CALL TO ORDER 7:00 P.M.
2. ROLL CALL
PRESENT EXCUSED
Orlando Brillante, Member David Hallac, 1st Alt.
Nancee J. Hay, Member
Ray Young, 2nd Alt.
Suzanne A. Novak, Prosecuting Attorney
Paul Gougelman, Town Attorney
Cathy Spafford, Code Enforcement Officer
Shirlee Walker, Secretary
3. APPROVAL OF PRIOR MEETING MINUTES –MAY 7, 2003
Ms. Preece moved to approve Minutes 03-03 of May 7, 2003. Ms. Hay seconded. Motion passed unanimously.
4. OPENING STATEMENT
In the absence of Chairman Harrison, V. Chairman Campbell presided over the meeting and read the Opening Statement.
5. VIOLATION HEARINGS
CEB No. 03-04 Atlantic Surf, Inc.
1946 Tyler Street
Violation location: Surf Style, 101 S. Miramar Ave. Indialantic, FL 32903
Atty. Gougelman swore in the Code Enforcement Officer, Cathy Spafford. Atty. Novak tendered Ms. Spafford as an expert witness.
Ms. Spafford testified to observing the stated violation on May 27, 2003. A Notice of Violation was mailed certified to Adele Stone, Esq. the Registered Agent for Atlantic Surf, Inc. on May 28, 2003 and received on May 30, 2003.The violation was to be corrected by June 13, 2003. The violation was not corrected by June 13, 2003.
An error in the Town Code Section for transient signs was corrected and the Notice of Violation was mailed certified on June 19, 2003 and received on June 23, 2003.
The property was visited on May 21, May 29, June 5, June 9, June 19, June 30. On July 21 the transient signs were removed and compliance was noted on that date.
A photo dated June 30, 2003 of the transient signs on each side of the doors of Surf Style was presented to the Board.
Atty. Novak requested the Board to find based on evidence presented that a violation. did exist on May 21, May 29, June 5, June 9, June 19, and June 30. The property is now in compliance. Any future violations will be treated as a Repeat Violation subject to fines up to $500.00 per day.
Amigam Selner, regional manager of Surf Style was present. Mr. Selner was sworn in by Atty. Gougelman and informed the Board he wished to comply with the rules and regulations of the Town of Indialantic. Mr. Selner had a meeting with employees and was shown the signs in violation. Mr. Selner stated that the people responsible had specific orders to remove the signs. The employee responsible for removing the signs is no longer employed at Surf Style.
Mr. Selner presented pictures of other businesses in town with transient signs.
The Hearing was closed for discussion.
After discussion, Mr. Brillante moved that Atlantic Surf, Inc. be found guilty and given 10 days to come into compliance. If compliance is not met, a fine of $50.00 per day be imposed until compliance is met. Ms. Hay seconded.
Atty. Gougelman advised that the violation was in compliance and should be found to “have been in violation.”
Mr. Brillante withdrew the motion.
Atty. Gougelman suggested that the motion be stated as requested by Atty. Novak – based on evidence presented a violation of Town Code Section 17-106.4(6)(f)(1)e, transient signs, did exist on May 21, May 29, June 5, June 9, June 19, June 30. The property is now in compliance. Any future violations will be treated as a repeat violation subject to a fine of up to $500.00 per day.
Ms. Preece moved to accept the motion presented by Atty. Novak. Ms. Hay seconded. Motion passed unanimously.
CEB No. 03-05 Atlantic Surf, Inc.
1946 Tyler Street
Violation location: Surf Style, 101 S. Miramar Ave. Indialantic, FL 32903
Code Section13-3(a) – Display of goods
Ms. Spafford, previously sworn, testified to observing a violation of Town Code Section 13-3(a) outdoor display of goods on May 16, 2003. A Notice of Violation was mailed certified on May 28, 2003 and received on May 30, 2003. Although Ms. Spafford drove by the property every day, the days documented on paper were June 11, May 21, May 29, June 5, and June 9. On June 19 the property was in compliance.
Mr. Selner stated that he talked to Ms. Spafford and was informed the outdoor display should be removed by June 13.
Atty. Novak requested a motion be made finding that Atlantic Surf, Inc. has been in violation of Town Code Section 13-3(a) on June 11, June 12, June 13, June 16 and June 17. Although now in compliance, any subsequent violations of 13-3(a) –outdoor display of merchandise-will be considered a repeat violation subject to a fine of up to $500.00 per day.
Ms. Preece moved to accept the motion as presented by Atty. Novak. Mr. Young seconded. Motion passed unanimously.
6. REPORT OF COMPLIANCE OR NON-COMPLIANCE WITH PREVIOUS ORDERS
CEB No. 02-10 James E. Dunning
321 Melbourne Avenue
Indialantic, FL 32903
Code Section 17-99(a)(1) & (2) Enclosed garage-no replacement
*Benchmark schedule issued by the Board on May 22, 2002 has been satisfied to date
Janice Vance
Indialantic, FL 32903
Code Section 4-19(b)(4) Barking dogs creating nuisance
Ms. Spafford advised the Board of no further complaints of the barking dogs.
7. UNFINISHED BUSINESS
Diane Young
Indialantic, FL 32903
Code Section 15-20(a) Commercial vehicle
Atty. Novak requested that the Board dismiss this case.
The Town Council has passed on first reading Ordinance 03-08 amending Town Code Section 15-20(a).
Mr. Young can be cited under the new Ordinance.
Ms. Preece moved to dismiss CEB No. 02-01. Ms. Hay seconded. Motion passed unanimously.
CEB No. 00-06 Victoria Manrodt
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)
Ms. Spafford advised the Board that Mr. Villano, the new owner of the above property has submitted a site plan. The Board, in a previous meeting agreed to allow Mr. Villano time to rehabilitate the pool.
No action was taken on this case.
8. OTHER
9. NEW BUSINESS
10. ADJOURNMENT
The meeting adjourned at 8:15 p.m.
Ron Campbell, Vice Chairman
Shirlee Walker, Secretary