CEB 05-24-11 - Satellite Beach

MINUTES
CODE ENFORCEMENT BOARD
MAY 24, 2011
Pursuant to Public Notice, Chairman Richard Ralph convened the May 24, 2011,
meeting of the Satellite Beach Code Enforcement Board at 7:05 p.m. in the Council
Chamber of City Hall and led the Pledge of Allegiance.
ROLL CALL: Those present were, Chairman Richard Ralph, Katherine Conrad, Robert
Gamin, Ann Lombardo, Alex Rudloff, City Attorney James Beadle, Code Enforcement
Board Attorney David Dyer, Code Enforcement Officer Sean Donovan, and Code
Enforcement Board Clerk Suzanne McLendon. Excused Absences: Eileen Kiesel and
Bill O’Brien.
ACTION: Robert Gamin MOVED, SECOND Alex Rudloff to accept the April 26, 2011,
minutes as submitted. VOTE: All Ayes. MOTION CARRIED.
PUBLIC HEARING
The City informed the Board that case #44-11 at 460 Glenwood Avenue was removed
from the Agenda.
CEB 41-11 300 Sheridan Avenue
After being duly sworn, Mr. Donovan informed the Board about the violation at 300
Sheridan Avenue.
Mr. Beadle questioned Mr. Donovan about the documents within the case file and
submitted the following composite exhibits after approval of the property owner:
Brevard County Property Appraiser Record
Warranty Deed
Nice Letter Dated March 9, 2011
Notice to Comply dated April 4, 2011 with return receipts
Notice of Hearing dated May 11, 2011, unclaimed
Affidavits of Posting dated May 11, 2011
Three photos dated March 7, 2011
Three photos dated May 24, 2011
After being duly sworn, property owner, Stephanie Zorie asked questions of the City
concerning the City Code in which she was cited. She did not agree with the violation,
which contained the word “soil”. She feels that there is a difference between “soil” and
“sand”. Her opinion was that her yard didn’t apply because it was “sand”, not “soil”.
Ms. Zorie questioned the City about storm drain issues that were not related to her
property. The City Attorney and the Board Attorney informed Ms. Zorie that she needed
to stick to the issue as it pertained to the violation of City Code Section 30-702 on her
property.

MINUTES - CODE ENFORCEMENT BOARD PAGE 2
MAY 24, 2011
The Board asked Ms. Zorie to present some type of evidence that showed the violation
on her property was not occurring. Board Attorney David Dyer informed Ms. Zorie that
she needed to address the issue as to whether or not she has the proper landscaping to
stop soil from leaving her property.
There was further discussion between Ms. Zorie, the City and the Board.
ACTION: Robert Gamin MOVED, SECOND Ann Lombardo to allow Ms. Zorie two
additional minutes to present to the Board something that counteracted the violation
stated by the City. VOTE: All Ayes. MOTION CARRIED.
Ms. Zorie addressed the Board and submitted four photos of her property as a
composite exhibit.
ACTION: Robert Gamin MOVED, SECOND Katherine Conrad that based on the
evidence presented by the City, 300 Sheridan Avenue is in violation of City Code
Section 30-702 (b), (3). VOTE: All Ayes. MOTION CARRIED.
The City recommended sixty days for the property to be brought into compliance. The
City was not seeking a fine at that time, but if the property was not brought into
compliance within sixty days the case would be brought back to the Board for
evaluation, and it would be determined whether a fine should be imposed at that time.
The Board asked for a specific date, and the City recommended July 31.
Mr. Gamin did not agree with the City’s recommendation because of the flooding that
has occurred within the City in the past and feels that the violation should be taken care
of in a timely manner.
ACTION: Robert Gamin MOVED, SECOND Katherine Conrad that the property comes
into compliance by June 28 or the case would come back to the Board to establish a
fine. VOTE: All Ayes. MOTION CARRIED.
Mr. Dyer informed Ms. Zorie that she has the right to file an appeal with Brevard County
Circuit Court within thirty days.
CEB 45-11 543 Coconut Street
Mr. Donovan addressed the Board concerning the violation at 543 Coconut Street.
Mr. Beadle questioned Mr. Donovan about the documents within the case file and
submitted the following composite exhibits:
Brevard County Property Appraiser Record
Quit Claim Deed
Notice to Comply dated April 27, 2011, unclaimed
Affidavits of Posting dated May 3, 2011
Notice of Hearing dated May 11, 2011, unclaimed

MINUTES - CODE ENFORCEMENT BOARD PAGE 3
MAY 24, 2011
Affidavits of Posting dated May 11, 2011
Four photos dated April 26, 2011
Three photos dated May 24, 2011
ACTION: Alex Rudloff MOVED, SECOND Ann Lombardo that based on the evidence
presented by the City, 543 Coconut Street is in violation of City Code Section 26-29 (9),
(b), (c) and (f), (2) and (3). VOTE: All Ayes. MOTION CARRIED.
The City recommended the property come into compliance on or before June 2 or a fine
of $50 per day be imposed for the entire violation.
Mr. Gamin recommended that since the violation consists of an unsecured residence
the fine be raised to $100.00 per day for the entire violation.
ACTION: Robert Gamin MOVED, SECOND Katherine Conrad that the property come
into compliance by June 2 or a fine of $100 per day be imposed for the entire violation.
VOTE: All Ayes. MOTION CARRIED.
No old business was discussed.
Next meeting date is June 28, 2011. Mr. Rudloff will be out-of-town.
Mr. Ralph announced the retirement of Board Clerk, Suzanne McLendon, and thanked
her for her service to the Code Enforcement Board.
Meeting adjourned at 8:25 p.m.
Respectfully submitted:
Suzanne McLendon
Clerk, Code Enforcement Board