TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
December 16, 1997
Town Hall 7:00 PM

MINUTES NO. 98-1

1. CALL TO ORDER 7:00 P.M.

Chairman Preece called the meeting to order at 7:00 pm.

2. OATH OF OFFICE

Town Attorney Paul Gougelman administered the oath of office to Ronald Campbell, Michelle Miller and Raymond Young. Due to a prior commitment Mr. Gougelman left the meeting. Atty. Joe Colombo sat in as representative for the Town.

3. ROLL CALL

The secretary called the roll.

4. APPROVAL OF PRIOR MEETING MINUTES

Minutes No. 97-3, May 13, 1997 were approved unanimously with Mr. Campbell making the motion and Mr. Hoffman as second.

5. OPENING STATEMENT

Chairman Preece read the opening statement.

6. VIOLATION HEARINGS

A. CEB No. 98-1 Mr. Tai Ho
                             Mr. Paul Cuyeqkeng
                             P.O. Box 3187 Uptown Sta
                             Hoboken, N.J. 07030

Violation of Code Section 5.5-67 regarding maintenance of building exterior- ADDRESS OF VIOLATION 1501 S. Shannon Avenue (The Palms). Attorney Gager asked for a 30 day continuance on this case due to the fact that the owners are attempting to comply by spray washing and painting the building.

Mr. Hoffman made a motion to continue this case until January 20, Mr. Young seconded.

Motion passed unanimously.

B. CEB No 98-2 Ms. Nancy Blake
                           Ms. Dorothy Leister
                           331 Melbourne Avenue
                            Indialantic, Fl. 32903

Violation of Code Section 17-103 (b) 3 (a),(b),(c) regarding the parking of R.V.'s. Mr. Barber presented two pictures to the Board showing the R.V. parked behind the fence but not beyond the 25 feet set back required.

Mr. Blake showed photographs he had taken explaining that he felt the R.V. was less offensive at it's present location. He is aware that the R.V. is not in compliance, however, the only two legal spots are inaccessible due to a large tree on one side and a pool on the other.

Chairman Preece closed the hearing for deliberation by the Board. The general consensus was that the R.V. is not in compliance. Mr. Young suggested that Mr. Blake store his R.V.

Mr. Hoffman moved to give Mr. and Mrs. Blake 30 days to come into compliance. After that time a $25 per day penalty for each day that the violation exists will be imposed. Mr. Young seconded. Motion passed unanimously.

Mr. Blake and his wife were advised by Mr. Colombo of their right to appeal.

C. CEB No. 98-3 Ms. Judith Dilavore
                              114 Eleventh Avenue
                              Indialantic, Fl. 32903

Violation of Code Section 5.5-68 (b) pertaining to grass area or lawn growing in excess of eight (8) inches. Ms. Dilavore was not present.

Mr. Barber stated that the property is basically devoid of grass. The weeds are over 8" tall and the lawn has bare spots. The property is generally in an unkept condition. He presented photographs of the Dilavore lawn.

Chairman Preece closed the hearing for deliberation by the Board. The Board agreed that the lawn is in violation.

Mr. Hoffman made a motion to find Ms. Dilavore guilty of the violation and that she be given 30 days to come into compliance or be fined $25 per day for each day that the violation exists. Ms. Miller seconded.

Mr. Young amended the motion as follows: disregard the 30 day period and assess fine immediately upon notification. Mr. Hoffman seconded. Motion passed with Mr. Rhyon voting no.

The Board commented upon the fact that Ms. Dilavore was first notified of violation in June and that she was not present for this meeting and has never responded to any communication from the Town

The secretary was directed to mail the FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER form within the proper time frame.

7. VIOLATION HEARINGS PENDING

None

8. REPORTS OF COMPLIANCE/NON-COMPLIANCE WITH PREVIOUS ORDERS

None

9. REPORTS OF COMPLIANCE/NON-COMPLIANCE WITH PREVIOUS NOTICES OF HEARING

10 OLD BUSINESS

11. NEW BUSINESS

There will be a workshop meeting in January. Officers will be elected at that time.

12. ADJOURNMENT

The meeting adjourned at 8:00 p.m. The date of the January meeting is to be decided.

____________________________________

Betty Preece, Chairman

_____________________________

Shirlee Walker, Secretary