TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD
October 11, 2000 Town Hall 7:00 PM
MINUTES NO. 01-01
1. CALL TO ORDER
Chairman Preece called the meeting to order at 7:00 p.m.
2. ROLL CALL
PRESENT: Betty Preece, Chairman EXCUSED: Todd Harrison
Cliff Hirsch
Raymond Young
Paul Gougelman, Town Attorney
Mark Gager, Prosecuting Attorney
Kathy Maynor, Code Enforcement Officer
Shirlee Walker, Secretary
3. APPROVAL OF PRIOR MEETING MINUTES
Stanley Krulikowski, the new Building Inspector/Code Enforcement Officer was introduced to the Board.
4. VIOLATION HEARINGS
346 Third Avenue
Indialantic, FL 32903
Code Section 15-33 which states in part “any vehicle which is inoperative or worn out condition constitutes junk.”
Code Section 15-34 which states in part “it shall be unlawful for any person to park, store or leave any junk or abandoned vehicle upon any private property within the town for a period of five (5) consecutive days unless such vehicle is completely enclosed within a building or carport.”
Code Section 8-43 PUBLIC NUISANCE PROHIBITED “The existence of excessive growth and accumulation of weeds and other plant life which may threaten or endanger the public health, or adversely affect and impair the economic welfare of adjacent property, may be declared to be a public nuisance by the Town. Further, the accumulation of garbage and trash on private property is hereby prohibited and declared to be a public nuisance.”
Code Enforcement Officer, Kathy Maynor was sworn in by Attorney Gougelman. The Board agreed unanimously to accept the testimony of Ms. Maynor.
Ms. Maynor informed the Board that she first became aware of the violation of Code Section 8-2 and 8-43 on August 31, 1998 and that a letter informing property owner, Patricia Lee Webb of these violations was mailed on August 31, 1998. Bob Hartman received the certified letter on September 12, 1998. Ms. Webb was given 5 days from receipt of the notice of violation to comply. Compliance was met within the time frame allowed.
On January 26, 2000 a fence section fell revealing the existence of excessive growth, trash and garbage stored in the yard. A Notice of Code Violation was mailed certified on January 27, 2000 citing the following violations:
5.5-71 “all fences and walls shall be kept upright, without gaps, broken sections or holes that are not part of the fence or wall design and free from deterioration.”
8-2 “all lands in the town shall be kept free from any kind of trash or filth including, but not limited to, broken tree limbs, leaves or branches or any other type of material which might conceal pools of water, create breeding places for mosquitoes or which might be otherwise detrimental to the health or safety of the inhabitants of the town. The existence of any such trash or filth is hereby declared to be a nuisance.” (broken tree limbs and branches along with the existence of trash)
8-43.1 “the existence of excessive growth of weeds and other plant life which may threaten or endanger the public health, or adversely affect and impair the economic welfare of adjacent property may be declared a public nuisance by the Town. The accumulation of garbage and trash on private property may also be declared to be a public nuisance by the Town.” (Miscellaneous trash, junk and black garbage bags in the back yard, which harbor snakes, and rats. Junked appliances in the front yard)
13-9 “the house number of every residence shall be prominently displayed and clearly visible from the street.” (house number obscured by growth)
This notice allowed 5 days from receipt of Notice to comply. At this point Code Sections 8-2 and 8-43 were cited as continuing violations. This Notice was received by Bob Hartman on February 8, 2000.
Compliance was met on Code Sections 5.5-71 and 13-9.
On April 24, 2000 a fence section again fell revealing violation of Code Sections 15-33, 15-34, 5.5-71, 8-2 and 8-43. An attempt to notify Webb/Hartman by certified mail was unsuccessful (unclaimed) and was delivered by a police officer on June 2, 2000 allowing five (5) days for compliance.
Ms. Maynor re-inspected the property on June 9, 2000 and found noncompliance on Code Sections 8-43, 15-33 and 15-34.
On September 5, 2000 a fence section fell - again revealing noncompliance. Code Officer, Ms. Maynor requested a hearing on October 3, 2000. A Notice of Hearing was delivered to the Webb/Hartman home by a police officer on October 5, 2000.
Mr. Hartman called Ms. Maynor to verify compliance of the junked vehicle having a current tag and the fence being repaired. Ms. Maynor was unable to verify if the vehicle was operable. Mr. Hartman refused to allow Ms. Maynor onto the property to verify compliance of 8-43, 15-33 and 15-34.
Mr. Hartman requested that a photo be taken by holding the camera up over the fence. Ms. Maynor refused. He later called Ms. Maynor advising her that he put a concrete block outside the fence for her to stand on for the photo. Ms. Maynor refused to take the picture standing on a concrete block. He later came by Town Hall and informed Ms. Maynor that he would remove 3 fence slats for her to look through to take a photograph. As of this meeting date, Ms. Maynor has not been allowed on the property to verify compliance.
The Board was shown photos of the property taken from the broken fence section revealing a junked van, excessive growth of weeds and other plant life and an accumulation of garbage and trash.
Chairman Preece read the Opening Statement.
Mr. Hartman was sworn in by Attorney Gougelman. He presented a letter from Patricia Lee Webb/Hartman advising that Mr. Hartman was her yardman and allowed to speak for her. Prosecuting Attorney Mark Gager objected to this document and would not allow it into evidence because it wasn’t notorized.
Mr. Hartman presented two (2) photographs into evidence showing he had complied. He stated that the bags in his yard contain things that are stored, not garbage. He stated that the junked van just needs some parts.
When questioned by Board member Mr. Young as to why Ms. Maynor couldn’t come into his yard to verify compliance, Mr. Hartman volunteered to install a new gate where Ms. Maynor could stand to take a picture, and still not enter the property.
Prosecuting Attorney, Mark Gager requested that the Board find Ms. Webb/Hartman in violation of Code Sections 8-43, 15-33 and 15-34 stating that adequate time was given for compliance.
Chairman Preece opened the floor for public comment.
Attorney Gougleman swore in Mr. Bill Collings. Mr. Collins stated that he is a 20-year resident and is ashamed of the condition of the Webb/Hartman residence
Attorney Gougelman swore in Ms. Adela Gonzalez. Ms. Gonzalez advised the Board that she is a Town resident. Ms. Gonzalez stated that Mr. Hartman, having been in public office, devised laws for other people to live by and that the Hartmans should live by the same laws.
Chairman Preece closed the hearing for deliberation by the Board.
Board member Mr. Campbell inquired of Attorney Gougelman, the validity of Mr. Hartman testifying for his wife. Atty. Gougelman informed the Board that they must decide whether or not to accept the testimony of Mr. Hartman.
Mr. Brillante moved that Patricia Lee Webb aka Patricia Hartman be found in violation of Code Sections 8-43, 15-33 and 15-34 and be given 10 days to come into compliance. If compliance is not met, a fine of $50.00 per day be imposed for each day the violation continues. This motion is presented as a continuing violation whereby a reoccurrence of this violation, and upon presentation of an affidavit of the Code Enforcement Officer to the Code Enforcement Board, the penalty described in the initial compliance order may be imposed without the necessity of further presentation to this Board. The Code Enforcement Officer must notify the violator of the potential imposition of an additional continuing violation penalty and the violator shall have the right to protest the procedure at the next regularly scheduled session after said notice.
After discussion Mr. Brillante moved to vote on calling the question. Mr. Hirsch seconded. Motion passed with Mr. Campbell voting “nay.”
Mr. Hirsch seconded Mr. Brillante’s violation motion. Mr. Hirsch seconded. Motion passed with Mr. Campbell voting “nay.”
Chairman Preece advised Mr. Hartman of the right to appeal.
5. REPORTS OF COMPLIANCE WITH PREVIOUS ORDERS
6. REPORTS OF NON‑COMPLIANCE WITH PREVIOUS ORDERS
None
7. OLD BUSINESS
None
8. ADJOURNMENT
Mr. Campbell moved to adjourn at 8:30 p.m. Mr. Brillante seconded. Motion passed unanimously.
Betty Preece, Chairman
Shirlee Walker, Secretary