TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD
October 30, 2002 Town Hall 7:00 PM
MINUTES NO. 03-01
1. CALL TO ORDER 7:00 P.M.
Chairman Brillante called the meeting to order at 7:00 p.m.
2. ROLL CALL
MEMBERS PRESENT MEMBERS EXCUSED
Todd Harrison, Vice Chairman
John Fallon, 1st Alt
David Hallac, 2nd Alt
Paul Gougelman, Town Attorney
Cathy Spafford, Code Enforcement Officer
Shirlee Walker, Recording Secretary
3. OPENING STATEMENT
Chairman Brillante read the Opening Statement.
4. APPROVAL OF PRIOR MEETING MINUTES
Ms. Preece moved to approve Minutes No. 02-02 - May 22, 2002. Mr. Harrison seconded. Motion passed unanimously.
5. INTRODUCTION OF CATHY SPAFFORD – CODE ENFORCEMENT OFFICER
Cathy Spafford was introduced to the Board.
6. VIOLATION HEARINGS PENDING
None
7. VIOLATION HEARINGS
None
8. REPORTS OF NON‑COMPLIANCE WITH PREVIOUS ORDERS
CEB
No. 02-01 Greg Young
Diane Young
227 Cocoa Avenue
Indialantic, FL 32903
Code Section 15-20(a) Commercial vehicle in drive overnight
This case was presented for discussion only.
Attorney Novak informed the Board that the ordinance pertaining to Code Section 15-20 should be re-written due to the difficulty of enforcement. Verification of overnight parking would require “camping out” by the police department to document. Also the definition of a commercial vehicle is vague.
Attorney Novak requested that the Board recommend to the Town Council amendment of the ordinance -eliminating overnight parking and clarifying the definition of a commercial vehicle.
Attorney Novak has done research toward amending the ordinance and advised the Board that it is possible to prohibit the parking of a commercial vehicle at any time in a specific zoning - with an exemption for delivery or service vans or trucks. Also, a van or truck not designated as a passenger vehicle could be considered a commercial vehicle whether or not there was advertisement on the vehicle.
Sgt. Casey, of the Indialantic Police Department was available to answer questions presented by the Board regarding the difficulty of documenting an overnight commercial vehicle.
After discussion by the Board, Mr. Harrison made a motion to direct the prosecuting attorney to draft an ordinance amending Code Section 15-20 as explained and present the amended ordinance to the Town Council for approval. Ms. Hay seconded. Motion passed unanimously.
A draft copy of the amended ordinance will be passed along to the Code Board members upon request.
CEB 00-06 Victoria Manrodt REPEAT VIOLATION
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
Attorney Novak presented an overview of this case to the Board.
On April 11, 2000 the Board imposed a daily fine of $20.00. The Board reduced a fine of $1,660 to $830.00 on June 20, 2001.
On May 21, 2002 this case was presented to the Board as a Repeat Violation and imposed a daily fine of $100.00 after 10 days if not in compliance. Brian Barber, the Code Enforcement Officer, inspected the property and advised Ms. Manrodt to drain the pool as a remedy for this problem. The pool has no working pump and after two weeks of rain, the pool again contained stagnant, unsanitary water. The fine of $100.00 per day began accruing on June 3, 2002.
Attorney Novak advised the Board that by draining the pool, Ms. Manrodt was under the impression that she had complied. Attorney Novak proposed to negotiate with Ms. Manrodt for demolition of the pool.
The Board was presented a copy of a letter of agreement prepared by Atty. Novak and signed by Victoria Manrodt, authorizing the Town of Indialantic to contract with Golf Shapers Construction Company, Inc. for demolition of the swimming the pool at 1010 Wavecrest Avenue at a cost of $3,200 and the imposition of a lien against the property in that amount.
Golf Shapers Construction Company, Inc gave an estimate of $3,200 to demolish the pool - install clean fill and sod. A wooden fence would also be removed.
The Board was asked to approve the agreement to demolish the pool for presentation to the Town Manager.
Chairman Brillante closed the hearing for discussion.
Ms. Preece expressed support for the agreement and questioned the existing lien of $830.00.
Atty. Novak confirmed that the previous lien of $830.00 was not affected by this agreement and still stands.
Ms. Preece moved to accept the agreement as a means of solving the pool problem. Mr. Harrison seconded. Motion passed unanimously.
Ms. Manrodt will be advised of the Board’s decision.
9. REPORTS OF COMPLIANCE WITH PREVIOUS ORDERS
CEB No. 02-11 Diane B. Horsley and Brett L. Horsley
320 2nd Avenue
Indialantic, FL 32903
Code Section 5.5-67 Exterior maintenance of home
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 5/22/02 has been satisfied to date
10. OLD BUSINESS
11. NEW BUSINESS
After discussion, no action was taken.
12. OTHER
13. ADJOURNMENT
Chairman Brillante adjourned the meeting at 7:40 p.m.
Orlando Brillante, Chairman
Shirlee Walker , Secretary