Code Enforcement Board Minutes March 09, 2016 Page 2
TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
March 09, 2016 Council Chambers at 5:30 p.m.
MINUTES 16-02
PRESENT
2. ROLL CALL
Henry Adams, Chairperson
Pamela Dunn, Member
Barry Kronman, Member
Elizabeth Mascaro, First Alternate
Joseph G. Colombo, Sr., Prosecuting Attorney
Paul Gougelman, Town Attorney
Clifford P. Stokes, Building Official & Code Enforcement Officer
Victoria Mercer, Secretary
ABSENT
Ronald Campbell, Vice Chairperson
Todd Harrison, Member
1. CALL TO ORDER AT 5:30 P.M.
Mr. Adams called the meeting to order at 5:36 p.m.
2. ROLL CALL
The secretary called the roll.
3. OATH OF OFFICE
Elizabeth Mascaro, First Alternate
Attorney Gougelman administered the oath of office to Ms. Mascaro.
4. APPROVAL OF MINUTES
November 12, 2015; 16-01
Mr Kronman moved to approve the minutes as written. Mr. Adams seconded. Motion carried unanimously.
5. OPENING STATEMENT
Mr. Adams read the opening statement.
6. VIOLATION HEARINGS
A. Case Number 16-003
Rental Property, 900 South Miramar Avenue, Indialantic, Florida 32903
John and/or Frances Hadjilogiou, 510 Eleuthera Lane, Indian Harbour Beach, Florida 32937
Town Code Section 5.5-71. Fences and walls.
Mr. Colombo informed the board, that the case is in compliance, and no further action is requested upon the Board.
B. Case Number 16-004
Stephen D. and/or Patricia L. Whitlock, 164 Deland Avenue, Indialantic, Florida 32903
Town Code Section 17-103 (b)(3)a. Parking, storage, and use of certain vehicles.
Mr. Colombo informed the Board, that the case is in compliance, and no further action is requested upon the Board.
C. Case Number 16-005
Rental Property, 710 South Shannon Avenue, Indialantic, Florida 32903
Tara M. Capuano, 101 Belmont Drive, St Johns, Florida 32259
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:
Attorney Gougelman swore in Mr. Stokes and Mr. Colombo qualified him as an expert in code enforcement and building inspection.
Mr. Stokes advised that violation is a result of the confirmation that the short term rental is less than ninety (90) days at a time.
Attorney Colombo submitted the following into evidence:
Town’s Exhibit A – 12/04/2015 Certified Mail, Notice of Violation letter (4 pages)
Town’s Exhibit B – 02/09/2016 Certified Mail, Notice of Hearing letter (4 pages)
Town’s Exhibit C – 03/02/2016 Letter from Ms. Capuano (1 page)
Mr. Gougelman explained to the Board, with Town’s Exhibit C, he’d like to continue to case.
Mr. Colombo noted that Town’s Exhibit C, which explains the first letter that was never received, but confirmation from Town’s Exhibit A indicated it was delivered.
Mr. Gougelman confirmed that no one was in attendance in the audience regarding the case. Town’s Exhibit C, asked for the case to be dismissed, and that Ms. Capuano was not available to attend this scheduled meeting.
Mr Kronman moved to continue the case, knowledge to deny request of case to be canceled. Ms. Dunn seconded. Motion carried unanimously.
Attorney Colombo submitted the following into evidence:
Town’s Exhibit D – 02/24/2016 letter to Ms. Capuano from Mr. Chinault with attachments (12 pages)
Town’s Exhibit E – 02/23/2016 email to from Ms. Capuano (2 pages)
Town’s Exhibit F – 03/02/2016 email to Ms. Capuano from Victoria Mercer (11 pages)
Attorney Gougelman swore in Sergeant Michael Connor and Mr. Colombo qualified him as an Indialantic Police Department employee.
Sergeant Michael Connor advised the Board, he was requested to investigate the violation per the Town’s request. The property/home was purchased in May 2015.
Attorney Colombo submitted the following into evidence:
Town’s Exhibit G – Short Term Rental Agreement (7 pages)
Town’s Exhibit H – Rental Agreement, with 90 nights minimum stay (1 page)
Town’s Exhibit I – 10/20/2015 email sent through VRBO.com (1 page)
Town’s Exhibit J – 10/20/2015 email reply from Ms. Capuano (1 page)
Town’s Exhibit K – Case notes from Sergeant Connor (1 page)
Mr. Colombo recommended the case be found guilty and given 30 days to provide proof that the case is in compliance.
Mr Kronman moved to find the case guilty of all evidence provided by the Town and Sergeant Connor. To find the case guilt, would mean a repeat violation would make the fine $250.00 per day. Ms. Dunn seconded. Motion carried unanimously.
Ms. Dunn questioned as to how the Town would know if the case is in compliance. Mr. Colombo advised the Board, that the Town will continue to monitor the situation online, and advise staff if any changes are observed.
Mr. Kronman and Ms. Mascaro recommended the Town Clerk send a letter of appreciation to Sergeant Connor for all his time and outstanding devotion regarding the case.
7. OTHER
8. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS
A. Case Number 16-001
Daniela Corradino, Dama Cappa LLC d/b/a Cappuccino and Pasta Café,
147 Fifth Avenue, Indialantic, Florida 32903
Fifth Avenue Realty, LLC, 4420 Connecticut Avenue, North West,
Suite 200, Washington, DC 20008, ATTN: Wayne E. Carroll
Town Code Section 8-5. Duty to use contract collector; fees.
Mr. Colombo informed the Board, that the case is in compliance, and no further action is requested upon the Board. The business is out of business.
Attorney Colombo submitted the following into evidence:
Town’s Exhibit L – email between Victoria Mercer and Waste Management representative (1 page)
B. Case Number 16-002
Michael J. and/or Natalie A. Waters, 218 Second Avenue, Indialantic, Florida 32903
Town Code Section 5.5-68(a). Landscaping.
Town Code Section 13-2. Damaging, removing materials from.
Mr. Colombo informed the Board, that the case is in compliance, and no further action is requested upon the Board.
9. REPORT OF NON COMPLIANCE WITH PREVIOUS ORDERS
10. UNFINISHED BUSINESS
11. NEW BUSINESS
12. ADJOURNMENT
Mr. Kronman moved to adjourn the meeting. Ms. Dunn seconded. Motion carried unanimously at 6:30p.m.
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Henry Adams, Chairperson
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Victoria Mercer, Secretary