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1985.10.23_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA 0 CODE ENFORCEMENT BOARD OCTOBER 23, 1985 REGULAR MEETING 10:10 A.M., Chairman Robert F. Scholz called the Regular Meeting of the Code Enforce- ment Board, Town of Highland Beach, Florida to order at 10:10 A.M. Other members present were Secretary Ellen Gerber, Messrs. Theodore Boepple, Alfred Novak, Robert Myers and Edward Pearlstein. Also present were Code Enforcement Officer/Building Inspector Anthony Abbate, Town Attorney Richard Barkin, Recording Secretary Anne Kowals and a few Town residents. Secretary Ellen Gerber read the minutes of the September 18, 1985, Regu- lar Meeting. Members requested the minutes be changed to read Code En- forcement Officer/Building Inspector Anthony Abbate. A MOTION was made by Mr. Theodore Boepple, seconded by Mr. Alfred Novak, to approve and accept the minutes (as corrected). All the members were in favor of the MOTION. OLD BUSINESS • Mr. Alfred Novak made a MOTION, seconded by Mrs. Ellen Gerber, to recom- mend to the Town Commission that a resolution be adopted to thank Mr. John Chironna for his contribution and years of service to the Code En- forcement Board. The MOTION was favorably received. Chairman Scholz instructed the board secretary to forward the MOTION to the Town Commission. Secretary Ellen Gerber made a MOTION, seconded by Mr. Edward Pearlstein to accept the recommendation from Chairman Scholz regarding the reap- pointment of Regular Members Alfred Novak and Robert Myers which was forwarded to the Town Commission on October 18, 1985. All members were in favor of the MOTION. DR. ALVIN Q. JARRETT - 1100A HIGHLAND BEACH DRIVE - LOT 15, BLOCK 2, BEL LIDO SUBDIVISION. Chairman Scholz noted that neither Dr. Jarrett, nor his representative Jerry Johnson, was present at this meeting. Code Enforcement Officer/Building Inspector Anthony Abbate was sworn in • by the board secretary. CODE ENFORCEMENT BOARD Regular Meeting October 23, 1985 Page 2 of 4 Under oath, Code Enforcement Officer/Building Inspector Anthony Abbate stated repairs to the inside of the pool have been done and approved by the plumbing inspector. Work around the pool has not been completed. Trenches, creating a hazardous condition, still surround the pool. Decking around the pool (whether it be made of earth, wood or whatever) must be on solid ground, continued the Code Enforcement Officer/Building Inspector. X certificate of occupancy would not be issued if the decking is missing. The members discussed the situation at length and questioned the Code Enforcement Officer/Building Inspector Anthony Abbate's findings re- lating to the hazardous condition which was not noted on ORDER issued. Atto niy Barkin said members can levy a fine against Dr. Jarrett if they find their ORDER to repair the pool by completion date has not been com- plied with. Members must address the issue of whether Dr. Jarrett obeyed the ORDER, not 'is there a hazardous condition', continued Attorney Barkin. Chairman Scholz acknowledged receipt of a letter dated October 8, 1985, • from Code Enforcement Officer/Building Inspector Anthony Abbate regard- ing Dr. Jarrett's failure to comply with ORDER issued on September 19, 1985, mandating pool repairs. Copy of above mentioned letter was enclosed with Chairman Scholz' letter dated October 8, 1985, to Dr. Jarrett, advising the amount of fine will be determined at the October 23, 1985, Code Enforcement Board Meeting. After much discussion, the members agreed to levy a fine of $75.00 per day, from October 8th until October 23rd, 1985, inclusive for violation of ORDER mandating pool repairs be completed by October 7th, 1985. A continuing fine of $75.00 per day is to be assessed until the violation is corrected, or the Code Enforcement Board meets to reestablish a new per diem rate at which the fine shall continue to be assessed. Secretary Ellen Gerber made a MOTION, seconded by Mr. Alfred Novak, that the Code Enforcement Board impose a $75.00 daily fine on Dr. Alvin Q. Jarrett, 4704 Ocean Front, Virginia Beach, Virginia 23451, regarding the property at 1100A Highland Beach Drive, Highland Beach, Florida, 33431, due to failure to complete repairs to pool and surrounding area no later than October 7th, 1985. Said fine is to be effective as of October 8th, 1985, and shall continue until violation is corrected. 40 CODE ENFORCEMENT BOARD Regular Meeting • October 23, 1985 Page 3 of 4 The MOTION carried unanimously as all members were in favor. Code Enforcement Officer/Building Inspector Anthony Abbate and members discussed the seawall in need of repairs at Dr. Jarrett's property. A permit to repair the seawall was pulled on October 18, 1985, two days after the completion date stipulated in ORDER issued September 19, 1985, mandating violation be corrected. Code Enforcement Officer/Building Inspector Anthony Abbate, in his let- ter of October 18, 1985, to Chairman Scholz, advised it appeared the verticle joints on the seawall were scraped and sealed; however, re- pairs have not been completed and a hazardous condition exists at.that site. The cracks along the T lines of the piling, continued Code Enforcement Officer/Building Inspector, were sealed with a high density hydro -cement. The depressions at the wall have not been filled in. Members viewed photos taken of the area by Code Enforcement Officer/ Building Inspector Anthony Abbate. • On October 18, 1985, Chairman Scholz received a letter from Code Enforce- ment Officer/Building Inspector Anthony Abbate advising that Dr. Jarrett failed to comply with the completion date of October 16, as stipulated in ORDER issued on September 19, 1985, mandating the seawall be repaired. Chairman Scholz enclosed a copy of above letter with his correspondence of October 18, 1985, to Dr. Jarrett, advising the amount of fine will be determined at the Code Enforcement Board Meeting on October 23, 1985. After much discussion, Mr. Robert Myers made a MOTION, seconded by Secretary Ellen Gerber, that in view of the fact that Dr. Jarrett has failed to repair the seawall and correct the hazardous condition, as ORDERED by the Code Enforcement Board on September 19, 1985, Dr. Jarrett will be fined in the amount of $75.00 per day, from October 17, 1985, and shall continue until violation is corrected. Members were in favor of the MOTION which carried unanimously. Chairman Scholz scheduled the next meeting of the Code Enforcement Board on Wednesday, November 20, 1985 (Workshop Meeting at 9:30 A.M. and the Regular Meeting at 10:00 A.M.) • CODE ENFORCEMENT BOARD • Regular Meeting October 23, 1985 Page 4 of 4 Mr. Alfred Novak made a MOTION, seconded by Mr. Theodore Boepple, to adjourn the meeting. Chairman Scholz adjourned the Regular Meeting of the Code Enforcement Board at 11:50 A.M. ATTEST k��- DATE 0 11/7/85 amk 40 APPROVED Robert F. Scholz, Chairman Robert Myers, Vice airman Ellen Gerber, Secretary AlfxkM Novak M Is7/9 ►MqW IZ►W L IA �f7U/1 ■ MAW i