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1986.12.17_CEB_Minutes_Regular0 TOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES DECEMBER 17. 1986 10: 10 A.M. Chairman Robert F. Scholz called the Regular Meeting of the Code En- forcement Board, Town of Highland Beach, Florida, to order at 10:10 A.M. The Recording Secretary called the roll. Present were E. Gerber, Messrs. R. Scholz, A. Novak, T. Boepple, E. Pearlstein, J. Sieff and D. Robinson. Also present were Board Attorney Stephen Abrams, Code Enforcement Board Officer Anthony Abbate and Recording Secretary Mary Ann Mariano. Secretary/Vice Chairperson Gerber read the Minutes of the Regular Meeting held on November 19, 1986. The Minutes were amended to correct a typographical error on page 2, paragraph 2, with regard to the year cited. The Minutes will reflect the year 1986. With this amendment, MOTION was made by Mr. Boepple, seconded by Secretary/Vice Chairperson Gerber to approve both the Workshop Meeting Minutes and the Regular Meeting Minutes of November 19, 1986. This MOTION carried unanimously with favorable votes. Chairman Scholz noted that the by-laws as adopted at the November 19, 1986 Regular Meeting had been distributed among the Board Members. A talent bank application of Mr. Diran Koloustain was noted and accepted for information by the Board. OLD BUSINESS None NEW BUSINESS Citation #2263 - Mrs. I. B. Knaus, 4226 Tranquility Drive illegal boat dock, Section 5-2 (d) (1) Code Enforcement Officer Anthony Abbate was sworn in by the Town Clerk and presented the Town's case in this matter. Mr. Abbate noted that upon inspection of this site, a dock was found installed on the property. There had never been a permit issued on the construction of the dock nor did the dock meet the Town's specifications as to setbacks. It is noted that in the Town Code, a setback of 15' from side property lines is required. Mr. Abbate noted that due to the configuration of this parcel, there was only a 251 property line at the water's edge which would allow for no dock at all on the property. Although Mr. Wbbate contended that the dock had not been there several weeks prior to is 'Notice of Violation', there was a question as to the date the dock was constructed. Upon questioning by Mr. Robinson, Mr. Abbate did note CODE ENFORCEMENT BOARD Regular Meeting - Minutes December 17, 1986 -Page 2 of 4 that the dock protrudes into the water within the 5' limitation as allowed by law. Mr. Abbate contended that two violations existed on the property, one being an illegal dock being constructed, with the second violation involving the construction of the dock without a permit. Mr. Abbate then submitted pictures of the dock into the record. Then, sworn in by the Town Clerk was Mr. Knaus, representing Mrs. Knaus in this matter. Mr. Knaus wanted to state for the record that he had spoken to Mr. Abbate by phone earlier in this matter and had given Mr. Abbate the names of the former owners of the property and their phone numbers, who he alleged constructed the dock prior to his purchase of the property. Mr. Knaus further contended that Mr. Abbate did in fact speak to the previous owners and was well aware of the fact that the dock had been there prior to his taking possession of the property. Mr. Knaus noted that the former owners were Mr. McCoy and a Mr. Fright. Mr. Knaus noted that he moved into the house on September 15, 1986 with his wife and two children, ages 2 and 5. Mr. Knaus stated that he had never been served any papers on this matter and that in speaking to Mr. Abbate was informed that he did not need to have his attorney present. Mr. Knaus indicated that he felt he and his family were being harassed for something that they had no responsibility for. Secretary/Vice Chair- person Gerber requested information as to whether the dock was included as a part of the documentation on the deed received by Mr. Knaus. Mr. Knaus indicated that he did not have his deed yet, only his mortgage papers, but would check to find out although he did not think the dock was included in the paper work as this was not a routine inclusion in such papers. Mr. Knaus indicated that he purchased the property through Mr. Fright who was the former leasee on the property and not through a realtor. Mr. Knaus indicated that Mr. McCoy now lives in the Sanctuary in Boca Raton, and stated that his personal attorney had noted that a Icause of action' would exist against Mr. McCoy should Mr. Knaus be deemed guilty of the violation of the Town Code in the construction of the dock. Attorney Abrams then suggested to the Board that when a property owner buys a piece of property, he assumes all defects. Attor- ney Abrams noted that Mr. Knaus' attorney was indeed correct in that the only 'cause of action' Mr. Knaus would have would be against the previous owner of the property. Attorney Abrams noted that the purpose of this hearing before the Code Enforcement Board was to determine whether the dock was legal or illegal and that any further remedies could be sought elsewhere. Secretary/Vice Chairperson Gerber asked whether Mr. Knaus could apply for a variance through proper channels inasmuch as he contended the property was purchased with the dock already constructed. Mr. Robinson indicated that the Code says that an owner may apply to the Town Commission for 'Special Exceptions' but excludes dock structures in that statement. Mr. Robinson felt that this matter could not be set as a precedent by sending it to the Town Commission for such request. CODE ENFORCEMENT BOARD Regular Meeting - Minutes December 17, 1986 -Page 3 of 4 With regard to Mr. Knaus' contention that he had been advised that his attorney was not needed, Secretary/Vice Chairperson Gerber noted that the right to an attorney was stated on the 'Notice of Hearing' which had been served on Mr. Knaus by a Highland Beach Police Officer. Mr. Knaus also indicated that his is not the only illegal dock in Bel Lido and that others existed which had not been grandfathered in. Mr. Abbate then stated that he took exception to Mr. Knaus' statement about whether his attorney should be present. Mr. Abbate stated that he never gave advice to Mr. Knaus regarding whether his attorney should be present or not. Mr. Abbate did indicate that it might be advisable for Mr. Knaus to get letters from his neighbors as to whether they felt the dock was a detrimental structure in the neighborhood. Mr. Abbate contends that the dock is illegal no matter what the circumstances are in that it does not conform to the Town standards with regard to setbacks and further that it was constructed without a permit. As far as other docks in the Bel Lido area being illegal, Mr. Abbate indicated that he did not know of any. Chairman Scholz indicated that letters from neighbors would not excuse the illegality of the boat dock and would not have any influence on the Code Enforcement Board's decision as to whether the dock is in fact illegal or not. At this point, MOTION was made by Secretary/Vice Chairperson Gerber to postpone the decision on this matter until Mr. Knaus has an opportunity to seek legal council and have his attorney present at the next set meeting. This MOTION was seconded by Mr. Pearlstein and carried unanimously. It was noted that Mr. Knaus was now aware of the fact that he possibly could apply to the Board of Adjustment for a Variance from the Code, which may be allowable inasmuch as a 'Special Exception' was not proper at this point. Chairman Scholz advised Mr. Knaus that he should be before the Code En- forcement Board on January 21, 1987 and that it would be beneficial to him to have his attorney present at this time. Mr. Knaus was advised that this would be put in the form of an ORDER and sent to Mr. Knaus at an early date. The MOTION previously made by Secretary/Vice Chairperson Gerber was then amended to read "that in lieu of the January 21st meet- ing, if Mr. Knaus has properly applied to the Board of Adjustment for a Variance, the Code Enforcement Board will hold this matter in abeyance until its first meeting held subsequent to any determination being made by the Board of Adjustment of the Town of Highland Beach. This amendment was agreed to by all members of the Code Enforcement Board. It was noted that this contingency would also be made a part of the ORDER of the Board of this date. Both Mr. Scholz and Mrs. Gerber made statements as to their privilege to 40 have served the Town of Highland Beach as Members of the Code Enforcement Board inasmuch as their six year expirations would require them to step down at this time. Mrs. Gerber stated that she was proud I � A CODE ENFORCEMENT BOARD Regular Meeting - Minutes December 17, 1986 Page 4 of 4 to be a part of upholding the standards of this Community and would like to serve the Town again in the future. Mr. Scholz commended the other members of the Code Enforcement Board and expressed his pleasure in serving both with them and the Code Enforcement Officer during his past six years and felt that the Board had been an asset to the Town and hoped for its continuance in that regard. With regard to the January 21st meeting, Mr. Robinson moved that Mr. Novak be elected as temporary acting Chairman until such time as a permanent Chairman could be elected. This MOTION was seconded by Dr. Sieff and passed unanimously with favorable votes. Upon proper MOTION and second, Chairman Scholz adjourned the Regular Meeting of the Code Enforcement Board at 11:10 A.M. MAM/amk ATTEST: Date: 7-- 7 It 0 APPROVED: (Term expired 12/86) R. F. Scholz, Chairman (Term expired 12/86) E. Gerber, V. Ch./Secy. A. Nq�� f T. Boepplcy If I � I E. Pea 1 t J,b" Sief f Lo