CEB 04-27-10 - Satellite Beach

MINUTES
CODE ENFORCEMENT BOARD
APRIL 27, 2010
Pursuant to Public Notice, Chairman Richard Ralph convened the April 27, 2010,
meeting of the Satellite Beach Code Enforcement Board at 7:00 p.m. in Council
Chamber of City Hall and led the Pledge of Allegiance.
ROLL CALL: Those present were, Chairman Richard Ralph, Keith Stroup, Bill O’Brien,
Katherine Conrad, Alex Rudloff, City Attorney James Beadle, Code Enforcement Board
Attorney David Dyer, Code Enforcement Officer Sean Donovan, and Code Enforcement
Board Clerk Tania Miner. Robert Gamin arrived late.
ACTION: Bill O’Brien MOVED, SECOND Keith Stroup to accept the November 24,
2009, minutes as submitted. VOTE: All Ayes. MOTION CARRIED.
PUBLIC HEARING
Attorney Jim Beadle informed the Board that CEB 43-08, 320 Lee Avenue, was
corrected. Case CEB 59-08, 330 Harwood Avenue, has been removed from the
Agenda. The property is in foreclosure, and the bank is the new owner. Therefore, at
this time the City will try to get the bank to bring the property into compliance.
CEB 02-10: 502 Siena Court
Mr. Ralph asked if there was anyone from the public who wished to speak concerning
this case.
‣ Attorney Tino Gonzalez, 1600 Sarno Road, Melbourne, FL, representing the
property owner, identified himself.
Mr. Ralph informed Attorney Gonzalez that after the City makes their case he would be
able to speak concerning the property.
After being duly sworn, Mr. Donovan informed the Board concerning the violation at 502
Siena Court.
Mr. Beadle questioned Mr. Donovan about the documents within the case file. Board
Attorney David Dyer asked that Attorney Gonzalez be given the opportunity to view the
composite exhibit. Attorney Gonzalez had no objection. Mr. Beadle submitted the
following composite exhibits:
Declaration of Condominium of Villa Siena of Satellite Beach Condominium
Brevard County Tax Record
Letter informing C&G Homes and Martin Pools concerning administratively
closed swimming pool permits, with returned Certified Green Receipts.
Notice of Violation dated February 4, 2010, with returned Certified Green
Receipts.

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APRIL 27, 2010
Notice of Hearing and Statement of Violation dated March 31, 2010, with
returned Certified Green Receipts.
Photo dated April 27, 2010.
Attorney Dyer informed the Board that Mr. Gonzalez does not need to be sworn
because he is the attorney for the violator. However, if Attorney Gonzalez calls any
witnesses they would need to be duly sworn.
Attorney Gonzalez had questions for Mr. Donovan pertaining to the case.
Attorney Dyer asked the City if they had any redirect or witnesses. There were none.
Attorney Gonzalez called Mr. James Hannon as a witness.
Mr. Hannon of C&G Homes was duly sworn and questioned by Attorney Gonzalez in
regards to the Homeowners Associations deficit of fees and the completion of the
swimming pool. Attorney Gonzalez entered pictures taken by Mr. Hannon as a
composite exhibit. Mr. Hannon stated that after 2006 he was not required to make up
the shortfalls from the Homeowners Association although he continued to do so through
2009. Mr. Hannon is asking for a reasonable amount of time to finish the pool project
with the exception of the bathroom facilities. At this time the City has a lien against the
property, which inhibits Mr. Hannon from obtaining a loan to finish the pool project.
Attorney Beadle interjected that the lien was from a previous case, which has nothing to
do with what is being heard at this time.
Attorney Gonzalez concluded his presentation asking for the City to consider the
economic times in which C&G Homes has maintained his project in a very attractive
state and asks that the City give the contractor reasonable time to complete the pool.
Attorney Beadle had questions for Mr. Hannon concerning the shortfalls that he made
up for Homeowners Association dues between 2006 and 2009 and the last time work
was accomplished on the pool.
Robert Gamin asked Mr. Hannon how much it would cost to plaster the pool and install
a filter pump? The cost to finish the pool would be approximately $3500.00, which does
not include the pool bath.
Attorney Dyer gave direction to the Board in regards to the Code of Ordinances, which
must be followed in order for the pool to be completed. He advised the Board that they
could give a tiered time frame for them to achieve certain tasks but the Board could not
change the code, which requires a pool bath.
Chairman Richard Ralph asked if there was anyone from the public who wanted to
address the Board.
‣ Robert Twitty, 259 Jackson Avenue, Rental Unit at 527 Siena Court, was duly sworn
and addressed the Board. Mr. Twitty was sympathetic to Mr. Hannon not having

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APRIL 27, 2010
enough money to complete the pool because of delinquent Homeowner’s dues,
although he would like to see the pool completed.
‣ Richard Allen, 525 Siena Court, was duly sworn and addressed the Board
concerning the promise of a swimming pool when he bought his town home in 2006
that has never happened. The Homeowners Association is kept in the dark and
does not get the information needed to make decisions, and he does not want to be
held accountable for any actions taken by Mr. Hannon without due process.
Attorney Dyer felt that this was an appropriate time to address Mr. Allen’s concerns. If
the Homeowners Association is the owner of the pool, the Board can order the owner
(effectively all of you) to either bring the pool into compliance or remove it. The only
power the Board has is fines.
‣ Resident of Villa Siena spoke (name not clear on tape) after being duly sworn. She
stated that she is concerned about having to pay for or remove the pool. She stated
that she paid her dues for a few months but because of the advice of her Attorney,
she no longer pays her dues. She brought up the point that when Mr. Hannon
started the development he didn’t plan on using HOA fees to pay for the pool. He
was given a permit to put in a development and the outbuildings, that were a part of
the development, should have been done long ago. Because he was unable to sell
all the units, he now wants to use HOA fees to finish the pool. When she settled on
her home, she received a letter from C&G Homes stating that the pool would be
complete within a couple of months. She felt that the City is partly to blame for not
making the developer complete his project that was submitted to them for approval.
Attorney Gonzalez had questions for the above resident as to how long she had owned
her town home and who her attorney was who told her to stop paying her HOA fees.
Attorney Dyer stated that the woman who spoke made a good point as to it being the
developers’ responsibility to pay for the swimming pool. Homeowners’ fees should
never have been used to build a swimming pool, that is not the way it is supposed to be.
The first ten people in the subdivision are not supposed to be paying to finish the
subdivision for the developer.
‣ Mr. Twitty addressed the Board stating that the Homeowners only have 1/3 vote in
the Association compared to Mr. Hannon’s 2/3 votes, and he does not want to be
punished for a decision they are not allowed to make to rectify the pool situation.
The Board and Attorneys discussed the time needed to complete the pool and pool bath
facilities.
Attorney Beadle asked Mr. Donovan how long the pool had been in its current condition.
Mr. Donavan stated that it had been in the current condition for 880 days counting from
when the Notice of Violation had been mailed.

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APRIL 27, 2010
Chairman Richard Ralph called for a five-minute recess for the developer and the
Homeowners to discuss the time frame needed to complete the pool and bathroom
facility.
Chairman Richard Ralph reconvened the meeting at 8:23 p.m.
Attorney Gonzalez informed the Board that they had come to a consensus of sixty days
(60) for permitting and completion of the pool, fence and landscaping, and an additional
one hundred and eighty days (180) to complete the bathroom facility.
The City had no objection except the motion needs to include demolition of the pool if it
is not completed within the sixty days (60). The City recommends a fine of $100 per
day for each phase if it is not completed in the specified time.
ACTION: Robert Gamin MOVED, SECOND Alex Rudloff that based on the evidence
presented by the City, the property at 502 Siena Court is in violation of Florida Building
Code Section 104.5, Conditions of the Permit. VOTE: All Ayes. MOTION CARRIED.
ACTION: Alex Rudloff MOVED, SECOND Bill O’Brien that within sixty (60) days the
owner of the property will obtain all necessary permits and will finish the swimming pool,
the filtration system, remove existing fencing and install new fencing and landscaping or
shall demolish the swimming pool and within two hundred forty days (240) the owner of
the property will complete the pool bathroom facility. VOTE: All Ayes. MOTION
CARRIED.
ACTION: Robert Gamin MOVED, SECOND Alex Rudloff that should the owner of the
property fail to meet either of the two compliance dates and matters to be complied with
that were just approved, a fine of $100 per day would commence running from the date
they are found to be in noncompliance. VOTE: All Ayes. MOTION CARRIED.
The attorneys discussed the upcoming case.
CEB 11-10: 528 Siena Court
Attorney Beadle stated that a stipulation had been reached. The Respondent
acknowledges a violation of City Code Section 106.1 in which a Certificate of
Occupancy was not issued at 528 Siena Court and a tenant is living in the residence.
The City recommends the property be brought into compliance by obtaining a CO within
thirty days (30) or the tenant will vacate the property or a fine of $100 per day will
commence.
For the record Attorney Gonzalez affirmed the stipulation, and the property will be in
compliance within thirty days (30).
ACTION: Katherine Conrad MOVED, SECOND Alex Rudloff to approve the stipulation
between the Respondent and the City in which a Certificate of Occupancy will be
obtained within thirty days (30) or the occupant will vacate the property. A fine of $100

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APRIL 27, 2010
per day will commence for each day the property is noncompliant. VOTE: All Ayes.
MOTION CARRIED.
No old business was discussed.
Mr. Allen wanted to make sure that the lien that was mentioned was not against the
Homeowners Association. Mr. Donovan stated that Mr. Allen was welcome to get with
him later to obtain that information.
Next meeting date May 25, 2010.
Meeting adjourned at 8:45 p.m.
Respectfully submitted:
Suzanne McLendon
Clerk, Code Enforcement Board