TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
December 7, 2005 Town Hall 7:00 PM
MINUTES NO. 06-01
1. CALL TO ORDER 7:00 P.M.
Chairman Campbell called the meeting to order at 8:00 p.m. with all members present.
2. ROLL CALL
Betty Preece, Member
Ray Young, Member
Keith Mauter, 1st Alt.
Suzanne N. Crockett, Prosecuting Attorney
Bob Wattwood, Acting Town Attorney
Clifford Stokes, Code Enforcement Officer
Shirlee Walker, Secretary
David Hallac has moved from Indialantic and resigned as a Board member.
3. APPROVAL OF MINUTES – MARCH 9, 2005
Ms. Preece moved to approve the minutes of March 9, 2005. Mr. Harrison seconded. Motion passed unanimously.
4. OPENING STATEMENT
Chairman Campbell read the opening statement.
5. VIOLATION HEARINGS
CEB No. 06-001 A & CH Properties, LLC
9705 Hwy. 98 West
Destin, FL 32550
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
Atty. Crockett swore in Clifford Stokes qualifying him in the field of Code Enforcement.
On June 28, 2005 several violations were noted at the business of Wildside, 100 Fourth Avenue.
Mr. Stokes informed the Board that a certified letter dated June 29, 2005 requested that the dead and dying trees be replaced in keeping with the original site plan, the building be re-painted and the dumpster enclosure door be replaced before July 15, 2005.
On July 13, 2005 Mr. Stokes spoke to the business owner Rami Dahaman at the 100 Fourth Avenue business. Mr. Dahaman stated on that date that the building would be painted within sixty days and the dumpster enclosure gate would be repaired within two (2) weeks. Mr. Dahaman also stated that the landscaping problem was in process.
An inspection on August 3, 2005 revealed no progress had been made toward compliance.
A Notice of Violation was mailed certified on September 12, 2005. Compliance was requested before September 30, 2005. An inspection on November 1, 2005 revealed that the violations had not been corrected.
Another Notice of Violation was mailed certified on November 1, 2005 requesting compliance before November 15, 2005 of Town Code Section 5.5-67-building stained and discolored. Also a large glass section is missing; Town Code Section 5.5-68(b) and (d)-dead and dying trees need to be removed and the landscape restored in keeping with the original site plan; Town Code Section 8.12.1(d)(1)(6)-door to dumpster enclosure is not attached.
An inspection on November 15, 2005 revealed that the violations had not been corrected.
A Notice of Hearing was mailed certified on November 15, 2005.
An inspection on December 1, 2005 revealed that the dumpster enclosure door had been repaired. All other violations remained uncorrected.
As of December 7, 2005, the building has not been painted and the landscaping problem of dead and dying trees remain and the glass section is still missing. The grass was mowed.
Atty. Crockett requested that the Board find A & CH Properties, LLC of 9705 Highway 98 West, Destin, FL 32550 in violation of Town Code Section 5.5-67 – Building maintenance and
Town Code Section 5.5-68 (b) and (d) – Landscaping maintenance and be given thirty days to bring all violations into compliance or face of fine of $250.00 per day for each day of non-compliance.
Mr. Zohar was present as a representative of the Wildside business owner, Rami Dahaman.
Atty. Crockett swore in Mr. Zohar.
Mr. Zohar presented photos of the building exterior and landscaping to the Board along with a receipt for landscaping fees. A fax from Brooks Glass Company dated December 7, 2005, verified the replacement of a broken storefront window was due to be installed within the week, weather permitting. Mr. Zohar stated that the building only needed painting and that all other violations were in compliance.
Atty. Crockett explained to Mr. Zohar the requirements for compliance –painting the building, removing dead trees and replacing the broken glass.
Attorney Wattwood advised Mr. Zohar that the three violations noted by Atty. Crockett did not mean that maintaining the approved landscape site plan will not be addressed later.
After discussion by the Board, Mr. Brillante moved to findA & CH Properties, LLC in violation of Town Code Section 5.5-67 – Building maintenance, Town Code Section 5.5-68 (b) and (d) – Landscaping maintenance and that they be given 30 days to comply. If compliance is not met, a fine of $200 per day is to be imposed for each day the violation continues to occur.
Ms. Preece seconded. Motion passed unanimously.
CEB No. 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
Atty. Crockett documented this case to the Board by the testimony of Code Officer Stokes. On January 11, 2005 Mr. Kempf was informed that the detached sign had been modified without a permit. The street number was replaced with ROLEX.
A letter dated June 15, 2005 again informed Mr. Kempf that the modification of the sign would have to be permitted and not exceed the maximum size allowed of 32 square feet. Mr. Kempf was advised of the need to apply for a permit for the modification of the sign.
A letter dated August 4, 2005 advised Mr. Kempf that a permit application was received but could not be approved as it exceeds the 32 square feet allowed by town ordinance. Mr. Kempf was advised to remove ROLEX from the sign until a new design can be submitted.
On August 22, 2005 Mr. Stokes responded, as requested, to the sign permit application that was denied. Mr. Stokes commented in the letter that the sign area couldn’t exceed 32 square feet. The sign area is the 4 X 8’ section at the top. The base is not included and may not be used as a sign area. The only item that can remain in the bottom area is the address number.
A Notice of Violation was mailed certified on October 28, 2005. Mr. Kempf was requested to remove the “ROLEX” from the base of the sign before November 11, 2005.
An inspection on November 14, 2005 revealed noncompliance. A Notice of Hearing was mailed certified on November 15, 2005.
Atty. Crockett requested that the Board find Mr. Kempf in violation of own Code Section 17-106.4 (6) (e) (1) due to the sign having been modified without a permit. Atty. Crockett further asked that a fine of $250.00 per day be assessed after 10 days.
Atty. Crockett swore in Jason Kempf. Mr. Kempf stated that the ROLEX letters were applied with adhesive and could be removed. However, the sign company hasn’t been available to remove the letters due to the large number of signs that need replacement after being damaged by Hurricanes Francis and Jeanne last year.
Mr. Kempf requested 30 days to get through the Christmas season.
Mr. Young moved to find the defendant Kempf Jewelers, Inc. in violation of Town Code Section 17-106.4 (6) (e) (1) and be given two weeks to come into compliance. After two weeks, a fine of $200 per day be assessed until the violation is corrected.
Ms. Preece seconded.
Mr. Mauter moved to amend the motion to 30 days as requested by Mr. Kempf. Mr. Harrison seconded.
Mr. Young accepted the amended motion of 30 days to comply and a $200 per day penalty after 30 days. Motion passed unanimously.
6. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS
Janet Vance
156 Deland Avenue
Indialantic, FL 32903
REPEAT VIOLATION Town Code Section 4-19(b)(4) Barking dogs creating nuisance
The Board was advised that there have been no further complaints of the barking dog.
7. UNFINISHED BUSINESS
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)
Mr. Stokes advised the Board that the new owner, Nick Villano, has just received DEP approval to build seaward of the coastal construction control line. The pool has been secured with a 6’ fence and there have been no complaints regarding the condition of the pool.
Atty. Crockett stated that no further action is required.
8. OTHER
9. NEW BUSINESS
A. Election of officers
Mr. Brillante nominated Mr. Young as Chairman. Ms. Preece seconded. Mr. Young declined the nomination.
Mr. Harrison nominated Mr. Campbell as Chairman. Mr. Young seconded. Motion passed unanimously.
Mr. Harrison nominated Mr. Mauter as Vice Chairman. Mr. Mauter declined.
Mr. Campbell nominated Mr. Harrison as Vice Chairman. Mr. Brillante seconded. Motion passed unanimously.
10. ADJOURNMENT
The meeting adjourned at 8:40 p.m.
Ron Campbell, Chairman
Shirlee Walker, Secretary