TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD
September 5, 2001 Town Hall 7:00 PM
AGENDA NO. 01-07
1. CALL TO ORDER 7:00 P.M.
The meeting was called to order at 7:00 p.m.
2. ROLL CALL
MEMBERS PRESENT MEMBERS EXCUSED
Ronald Campbell, Chairman Todd Harrison, Member
Raymond Young, V. Chairman Nancee J. Hay, Member
Orlando Brillante, Member Betty Preece, Member
Cliff Hirsch, Member
Suzanne Novak, Prosecuting Attorney
Paul Gougelman, Town Attorney
Stanley E. Krulikowski, Code Enforcement Officer
Shirlee Walker, Secretary
3. OATH OF OFFICE
New member, Nancee J. Hay was unable to attend the meeting.
4. APPROVAL OF PRIOR MEETING MINUTES
Mr. Brillante moved that Minutes No. 01-06 June 20, 2001 be approved as written. Mr. Young seconded. Motion passed unanimously.
5. OPENING STATEMENT
Chairman Campbell read the opening statement.
6. VIOLATION HEARINGS
CEB No. 01-01 Cliff Cook
401 N. Riverside Place
Indialantic, Fl. 32903
Code Section 13-7 Fence on right-of-way
Attorney Novak presented a brief procedural history of this case to the Board.
Attorney Gougelman swore in Code Enforcement Officer, Stanley E. Krulikowski.
Attorney Novak verified the credentials of the Code Enforcement Officer.
The Code Enforcement Officer testified that on May 5, 2000, prior to his employment by the Town of Indialantic, Mr. Cook submitted an application for a permit to erect a fence at 401 N. Riverside Place.
Permit #00-00089 for a fence was issued on May 16, 2000.
Mr. Krulikowski was employment by the Town in August of 2000 as a Building Official and Code Enforcement Officer. As the Code Enforcement Officer, Mr. Krulikowski responded to a complaint of a fence in the right-of-way at 401 N. Riverside Place.
On August 25, 2000, a notice was sent to Mr. Cook advising him of the fence violation and requesting that the fence be moved from the right-of-way by September 8, 2000.
Mr. Cook appealed to the Town Council and was heard at the November 21, 2000 Council meeting. A motion to deny Mr. Cook’s request to keep the fence in the right-of-way did not pass. There was no further action.
On January 8, 2001, a second notice was sent to Mr. Cook advising that the fence should be moved to comply with the permit that indicated a fence from the seawall to the edge of Riverside Place right-of-way. This notice requested that the fence be removed from the right-of-way before January 19, 2001.
A letter dated February 27, 2001 from Mr. Cook to the Code Enforcement Officer advised that Councilman Kostro agreed to bring this issue before the next Council meeting for clarification. (No action was to be taken at this meeting).
A Notice of Code Violation was delivered by personal service to Mr. Cook on February 27, 2001, advising that he would be summoned to appear before the Code Enforcement Board on March 28, 2001 if the fence was not removed from the right-of-way by March 8, 2001. Mr. Cook did not comply and a Notice of Hearing was issued on March 9, 2001.
A motion was made at the March 28, 2001 Code Board meeting to postpone this case until the May Code meeting due to the fact that Mr. Cook had asked the Town Council to clarify previous action taken by the Council. At the April 17, 2001 Council meeting, Councilman Kostro requested that this item be addressed for action at the May Council meeting. At the May Council meeting Mr. Cook’s request to keep his fence on the right-of-way was not approved.
The Code Enforcement Officer presented a photo taken today confirming that the fence is still in the right-of-way.
Attorney Gougelman swore in Mr. Cook. Mr. Cook advised the Board that at the time he purchased the home at 401 N. Riverside Place, an old existing fence (that was later removed by the Town) ran along the same line of installation that was used for the present fence. Public Works installed a split rail fence along the Riverside Park right-of-way. Mr. Cook stated that the Public Works Director told him that it was okay to install a privacy fence along the Town’s split rail fence.
Mr. Cook informed the Board that the privacy fence stops trespassers from entering his property and using his dock. He further stated that the fence he installed was simply a replacement of the old fence removed by the Town.
Mr. Cook also stated that he was informed by the Code Enforcement Officer that if 3’ of the fence were removed it would then be acceptable. Mr. Cook then removed 3’ of the fence.
Mr. Cook displayed photographs to the Board showing his vehicle parked on the right-of-way but with room for another vehicle to pass. He maintained that he was not blocking the right-of-way.
Attorney Novak informed Mr. Cook that State Statute 861.01 states that a structure built into a platted right-of-way is a misdemeanor.
The Board asked for and received clarification that a public right-of-way was not intended to prevent vehicular traffic.
Mr. Cook believes that he has prescriptive easement. Attorney Novak informed Mr. Cook that a prescriptive easement did not exist due to the fact that it is created by open adverse use over a statutory period of 20 years.
The Chairman closed the hearing for Board consideration.
After discussion Mr. Brillante moved that Mr. Cook be found in violation of Town Code Section 13-7. Chairman Campbell seconded. Motion passed unanimously.
Atty. Gougelman advised Mr. Cook of two options, request a re-hearing or approach the Board at a later date and request that the fine be reduced.
After further discussion Mr. Young moved that Mr. Cook be allowed 90 days to remove the fence from the right-of-way. If the fence is not removed from the right-of-way within the allowed time frame, a daily fine of $25.00 will be imposed. Mr. Hirsch seconded. Motion carried with Chairman Campbell voting nay.
Mr. Cook was advised of his right to appeal to the circuit court within 30 days.
7. REPORTS OF NON‑COMPLIANCE WITH PREVIOUS ORDERS
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 Code Enforcement Officer advised the Board that Mr. Laham has removed the chain link fence but left the fence post in the right-of-way. It was determined by the Code Enforcement Officer that Mr. Laham is still in violation of Town Code Section 13-7.
8. REPORTS OF COMPLIANCE WITH PREVIOUS ORDERS
None
9. OLD BUSINESS
None
10. NEW BUSINESS
The Board discussed a suggestion to change the meeting time to 5:30 p.m. and it was unanimous to retain the 7:00 p.m. meeting time.
11. ADJOURNMENT
Adjournment was at 8:50 p.m.
R. H. Campbell, Chairman
Shirlee Walker, Secretary