Minutes – Code Enforcement BoardJuly 13, 2016

TOWN OF INDIALANTIC

Brevard County, Florida 32903

CODE ENFORCEMENT BOARD MEETING

July 13, 2016Council Chambers at 5:30 p.m.

MINUTES 16-03

I.CALL TO ORDER

Vice ChairpersonCampbell called the meeting to order at 5:31 p.m.

II.ROLL CALL

The secretary called the roll.

PRESENT:Ronald Campbell, Vice Chairperson

Todd Harrison, Member

Elizabeth Mascaro, Member

Joseph G. Colombo, Sr., Prosecuting Attorney

Paul Gougelman, Town Attorney

Clifford P. Stokes, Building Official & Code Enforcement Officer

Victoria Mercer, Secretary

EXCUSED:Henry Adams, Chairperson

Barry Kronman, Member

III.APPROVAL OF MINUTES

Mr. Harrison moved to approve the minutes as written. Ms. Mascaro seconded. Motion carried unanimously.

IV.OPENING STATEMENT

Vice Chairperson Campbell read the opening statement.

V.VIOLATION HEARINGS

A.Case Number 16-006

Rental Property, 1501 South Shannon Avenue, Indialantic, Florida32903

Palms Eight Condominium Association, Inc., 13006 SE 91st Court, Summerfield, Florida34491, ATTN: Charles H. Wahlen, Laura L. and/or Mike F. Coffey

Town Code Section 8-12.1 Dumpsters

Attorney Gougelman swore in Mr. Stokes and Attorney Colombo qualified him as an expert in code enforcement and building inspection.

Mr. Stokes advised that the trash has been collecting in the bottom of the dumpster and enclosure doors are off the hinges. Numerous communications with the property maintenance personal have been made, regarding the violation.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit 1- 05/11/16 Certified Mail, Notice of Violation letter (3 pages)

Town’s Exhibit 2- Colored pictures of violations from various dates (4 pages)

Town’s Exhibit 3- 06/22/16 Certified Mail, Notice of Hearing letter (4 pages)

Mr. Stokes reviewed Exhibit 2, and stressed the concerns regarding the trash on the ground, which is not attractive, attracts rodents and has an odor in the area.

Mr. Gougelman confirmed that no one was in attendance in the audience regarding the case. Mr. Stokes spoke with Ms. Coffey and advised her it would be in her best interest to appear before the Board.

Attorney Gougelman swore in Mr. Chinault, Town Manager of Indialantic. Mr. Chinault confirmed that the dates and times on the pictures were taken by him. As of this date, 07/13/16, the property is in compliance. Mr. Chinault would like it on record, which the property has been in violation of 8.12.1 (a) (d).

Mr. Harrison moved to find the case guilty of all evidence provided by the Town, for dates of 03/29/16, 04/06/16, 06/16/16 and 07/06/16. Ms. Mascaro seconded. Motion carried unanimously.

  1. Case Number 16-007

Corey W. and/or Rebecca Ann Craigie, 445 Genesee Avenue, Indialantic, Florida32903

Town Code Section 5.5-68. Landscape. (a) Exterior of premises.

Mr. Colombo informed the Board, that the case is in compliance, and no further action is requested upon the Board.

  1. Case Number 16-008

Sarah Nichols, 336 Miami Avenue, Indialantic, Florida32903

Town Code Section 17-116. Temporary portable storage units.

Mr. Colombo informed the Board, that the case is in compliance, and no further action is requested upon the Board.

  1. Case Number 16-009

134 Fifth Avenue, Indialantic, Florida32903

#208- Michael Lee and/or Linda Mae Winburn, 503 River Oaks Drive South, Indialantic, Florida32903

#206- American Presence Inc., Post Office Box 34059, Indialantic, Florida 32903, ATTN: Lauris Cady

#101- Mary Ann H. Robinson, 2720 North Riverside Drive, Indialantic, Florida32903

#104- Dave and/or Emily O. Collins, 1116 East River Oaks Drive, Indialantic, Florida 32903-4630

Town Code Section 17-116. Temporary portable storage units.

Mr. Stokes spoke regarding the POD on the site address. None of the four owners ever inquired a permit or communication regarding the situation/status of the POD, back from 01/28/16.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit 1- 02/04/16 Certified Mail, Notice of Violation letter (8 pages)

Mr. Colombo informed the Board, that the case is in compliance, as of 06/21/16.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit 2- 06/22/16 Certified Mail, Notice of Hearing letter (8 pages)

Mr. Stokes would like to Board to find the case in non-compliance/guilty for dates of 05/26/16 thru 06/20/16, with no fine.

Mr. Harrison moved to find the case guilty of all evidence provided by the Town, for dates of 05/26/16 thru 06/20/16.Mr. Campbell seconded. Motion carried unanimously.

VI. OTHER (FOLLOW-UP)

A.Case Number 16-005

Rental Property, 710 South Shannon Avenue, Indialantic, Florida32903

Tara M. Capuano, 101 Belmont Drive, St Johns, Florida32259

Town Code Section 17-121.”R-1-A” Single-Family Residence Districts.

Within “R-1-A” Single-Family Residence Districts the following regulations shall apply:

Mr. Colombo informed the Board, that the case is still in the process of being checked from time to time, and no further action is requested upon the Board.

VII.REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

VIII.REPORT OF NON COMPLIANCE WITH PREVIOUS ORDERS

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

XI. ADJOURNMENT

Vice ChairpersonCampbell moved to adjourn the meeting. Mr. Harrison seconded. Motion carried unanimously at 6:28 p.m.

______

Ronald Campbell, Vice Chairperson

______

Victoria Mercer, Secretary

Minutes No. 16-03

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