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1986.11.19_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES NOVEMBER 19, 1986 11:20 A.M. Chairman Robert F. Scholz called the Regular Meeting of the Code Enforce- ment Board, Town of Highland Beach, Florida, to order at 11:20 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 Code Enforcement Officer Anthony Abbate and Recording Secretary Mary Ann Mariano. Secretary/Vice Chairperson Gerber read the minutes of the Regular Meeting held on October 15, 1986. The minutes were amended to insert the words "on the same violation" into the third line of the seventh paragraph on page 2 of the minutes. Secretary/Vice Chairperson Gerber also requested that the tapes be checked inasmuch as she felt she had indicated that the Code En- forcement Board's responsibility was to enforce the code, not to re -write same, responding to a suggestion made by Mr. Robinson concerning the proposal of requiring violators to appear before the Board and the possibility of their non-appearance being cause for an immediate second citation. Subsequent to this meeting, the tapes were checked and that comment had not been made and therefore are not reflected in the minutes. Mr. Pearlstein made a MOTION, seconded by Dr. Sieff, to accept and approve the Regular Meeting Minutes of October 15, 1986 as amended. All members were in favor of the MOTION. With regard to a previous citation issued by the Code Enforcement Officer on a working before hours charge, Mr. Abbate indicated that the violator would be working on a different building site in Town and requested guidance as to whether an additional citation would be grounds for having a fine imposed. It was Secretary/Vice Chairperson Gerber's opinion, that due to the fact that this is a different site, permitted separately from the Villa Nova Site, that a second citation would not be in order. Chairman Scholz then cited an article recently published in the newspaper and distributed among the Code Enforcement Board Members regarding the City of Boca Raton's law suit against its' Code Enforcement Board for upholding the legality of a fence which was in violation of Town Codes according to the Town's Staff and Legal Advisor. This article was submitted to the Code Enforcement Board for information purposes only. A MOTION was made by Secretary/Vice Chairperson Gerber, seconded,by Mr. Robinson, that•the by-laws and forms reviewed at the earlier Workshop Meeting be adopted as amended. The MOTION carried unanimously. A copy of the approved by-laws and forms are attached to these Minutes and made an integral part hereof. 0 CODE ENFORCEMENT BOARD . Regular Meeting - Minutes November 19, 1986 Page 2 of 2 Secretary/Vice Chairperson Gerber then suggested that in the future Anthony Abbate for purposes of his responsibilities with the Code Enforcement Board be referred to as Code Enforcement Officer only, in lieu of Code Enforce- ment Officer/Building Inspector. This suggestion was accepted by the remainder of the Board. Chairman Scholz scheduled the next meeting of the Code Enforcement Board for Wednesday, December 17, 1986 (Workshop at 9:30 A.M. - Regular at 10:00 A.M.) . Mr. Boepple made a MOTION, seconded by Mr. Pearlstein, to adjourn the Regular Meeting. All members were in favor of the MOTION. Chairman Scholz adjourned the Regular Meeting of the Code Enforcement Board at 11:45 A.M. L� ATTEST: m Date: _ 7_ amk .7 APPROVED: Robert F. :(h� olz, Chairman Ellen Gerber, Secy./V. Ch. 9�6� .61. Caola" AlfrAM Novak Theodore BoexMle Edward Pearlstein oseSieff David Rdbinson • TOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD BY-LAWS ARTICLE I - NAME The name of this Board shall be the Code Enforcement Board of the Town of Highland Beach, Florida. ARTICLE II - JURISDICTION The Board shall have jurisdiction over those matters which are set forth in the Ordinances of the Town of Highland Beach and those set forth in the Statutes of the State of Florida. ARTICLE III - CHAIRMAN AND DUTIES 1. There shall be a Chairman, Vice Chairman and Secretary, who shall be elected at the first meeting of the Board held each year, who shall serve for a term of one year. The Town Clerk shall provide a Recording Secretary to the Board. 2. The Chairman shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliment- ary usage on such officer. 3. The Chairman shall be one of the members of the Board. The Chair- man shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board Members. 4. The Vice Chairman shall act in the absence of the Chairman. ARTICLE IV - MEETINGS 1. Regular Meetings: The Board shall attempt to convene at least once a month; however, it may convene more or less often as the case load demands. 2. Special Meetings: Special Meetings may be called by the Chairman or any three members of the Board by signed, written notification to the Town Clerk. 3. Notice: Notice of all meetings, both regular and special, shall be given to all Board members as soon as possible, but in no event later that forty-eight (48) hours in advance of a meeting. By -Laws -2- Code Enforcement Board is going Attendance: Members shall notify the Town Clerk if they are not going to attend a meeting. If a member misses three consecutive meetings of the Board, they shall be deemed to have resigned with- out notice in compliance with Town Code. 5. Quorum: A quorum of the Board shall consist of four (4) members, and an affirmative vote of four (4) members shall be necessary to pass any Motion or adopt any Order. 6. Voting: Voting shall be by voice vote and shall be recorded by individual "aye" or "nay" and the vote of each member shall be recorded in the Minutes of the meeting. Any member abstaining due to a personal interest in any matter as provided by law, must file a Memorandum of Voting Conflict with the Town Clerk within fifteen (15) days after such vote. 7. Records: All Regular and Special meetings, hearings and records shall be open to the public. 8. Procedure: Parlimentary procedure in Board meetings shall be guided by Robert's Rules of Order and by the Rules and Regulations contained herein. However, the Board may employ such rules of procedure as it deems best to facilitate the orderly conduct of its business upon the concurrence of a majority of the Board members. ARTICLE V - ORDER OF BUSINESS 1. Minutes of the previous meeting. 2. Unfinished business. 3. New business. 4. Adjournment. The order of business may be modified by a vote of the majority of those members present. ARTICLE VI - INITIATION OF ACTIONS BEFORE THE BOARD 1. All actions before the Board shall be initiated by the issuance of a Citation by the Code Enforcement Officer and a Request for Hearing and Notification of Violation filed with the Town Clerk. The Town Clerk shall.be responsible for ascertaining the next available hearing date. 2. The Town Clerk shall notify the violator of the set date of the hearing on the alleged violation by Notice of Hearing sent by certified mail, return receipt requested, or effect personal ser- vice upon a party by hand delivery by the Code Enforcement Officer or the Highland Beach Police Department. By -Laws -3- Code Enforcement Board • 3. In addition to the violator, a copy of the Citation, along with a copy of the Notice of Hearing and applicable code provisions shall be sent to the Members of the Board and the Board Attorney. Any violation is deemed to be the responsibility of the general con- tractor and any violation will be served to the general contractor as well as the sub -contractor. 4. After a case is set for hearing, the Town Clerk shall, upon dir- ection of the Chairman or Vice Chairman, be empowered to issue Subpoenas as may be necessary. The Subpoenas shall be served by the Code Enforcement Officer, Highland Beach Police Department or the Palm Beach County Sheriff's Department, if appropriate. ARTICLE VII - HEARINGS 1. The following procedures will be observed in hearings before the Board: a. The Chairman shall read the Citation and Request for Hearing and Notification of Violation at the commencement of each hearing. This reading may be waived by mutual consent of the parties. b. The Respondent shall be asked by the Chairman if he wishes to contest the charges. C. Assuming proper notice of hearinghas been to the Respondent as provided herein, ahearin may proceed absence of the Respondent. g Y Proceed in the d. All witnesses shall be sworn in by the Town Clerk, or her designee. e. The Town shall first present its case and Respondent shall then present his case. Both parties shall have an opportun- ity to cross-examine all witnesses. f. The Board or its Attorney and the violator and his or her attorney may question any witness. g. The Board may adjourn a Hearing for a reasonable period at any time during the Hearing if fairness requires or if a case requires more time for its proper consideration. h. Upon completion of all the evidence, the Chairman shall close the Hearing. The Board may only consider that evidence which is presented at the Hearing before reaching its decision. i. The Board shall immediately deliberate in open session before the public. j. The Board shall, by Motion, issue an Order which is approved by a majority of the Board present and voting, but at least four (4) members must vote for such Order. The Order shall contain findings of fact and conclusions of law and state the affirmative relief granted by the Board. Said Order shall be reduced to writing within ten (10) days and mailed to the violator. LJ • • By -Laws -4- Code Enforcement Board ARTICLE VIII - ENFORCEMENT 1. After an Order has been issued by the Board and a scheduled date of compliance has been set in said Order, the Code Enforcement Officer shall make an inspection to determine if the violation has been corrected. 2. The Code Enforcement Officer shall then issue an Affidavit of Compliance or Non -Compliance, which shall be filed with the Board. If the Code Enforcement Officer finds that the violator has com- plied with the Board's Order, the case shall be closed. If the Code Enforcement Officer finds that there has not been a compli- ance with the Board's Order, the Town Clerk shall schedule a Non - Compliance Hearing and notice of that Hearing shall be sent to the violator by certified mail, return receipt requested, or personal service may be effected by the Highland Beach Police Department, if service by mail is ineffective. If service by mail is ineffec- tive, and if it is not possible to effect personal service upon the violator, cetification of this fact shall be made to the Board and the Board may conduct a Non -Compliance Hearing in the absence of the violator. At the Non -Compliance Hearing, the Board may Order the violator to pay a fine not to exceed $250.00 for each day the violation continues past the date set for compliance and order that a certified copy of the Order imposing a fine be re- corded in the Public Records of Palm Beach County. A copy of the Board's Order shall be mailed to the violator by certified mail, return receipt requested, and may be hand delivered to the viola- tor if service by mail is ineffective. 3. The Board shall hold Hearings as necessary to ensure the effect- iveness of any Order issued by the Board, including the issuance of additional Orders imposing additional fines if non-compliance continues to exist, and/or recording said Order in the public re- cords of Palm Beach County, Florida, and recording a lien against the real or personal property of the violator. 4. An aggrieved party, including the local governing body, may appeal a final Order of the Code Enforcement Board to the Circuit Court. An appeal shall be filed within 30 days of the execution of the Order to be appealed. ARTICLE IX - MISCELLANEOUS 1. The Board's By -Laws may be altered in any manner not inconsistent with Town Ordinances or State Law during any Regular or Special Meeting by the affirmative vote of at least four (4) members of the Board present. By -Laws -5- Code Enforcement Board 0 2. Any minor deviations from the By -Laws of the Code Enforcement Board as set forth herein shall not invalidate any action of the Board. PASSED AND ADOPTED BY THE CODE ENFORCEMENT BOARD OF THE TOWN OF HIGHLAND BEACH, FLORIDA, THIS 19th DAY OF November , 1986. ATTEST: TOW CL K / DATE: 0— (SEAL) �J TOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD BY: CHAIRMAN obert F. Scholz n U G N [ 4* Town of Highland Beach i ��►►•• , ..•' NOTICE OF VIOLATION ►►�� ;` 0 N 10p NAME OF VIOLATOR: FIRM: GEN. CONTRACTOR: INSPECTION DATE: INSPECTION SITE: MAILING ADDRESS: THE ABOVE NAMED LOCATION WAS INSPECTED THIS DATE AND FOUND TO BE IN VIOLATION OF THE FOLLOWING TOWN CODE(S): THE VIOLATIONS) ABOVE CITED MUST BE CORRECTED NO LATER THAN P.M. ON 19 FAILURE TO CORRECT THE ABOVE VIOLATIONS) BY THE DATE AND TIME INDICATED WILL RESULT IN THE ISSUANCE OF A CITATION AND SUBSEQUENT LEGAL ACTION BY THE CODE ENFORCEMENT BOARD OF THE TOWN OF HIGHLAND BEACH, FLORIDA, IN COMPLIANCE WITH STATE LAW. ISSUED BY: Name Department . Telephone Number Method of Delivery: ( ) Hand Delivered ( ) Certified Mail, Ret.Rec. Req. (attach receipts) If Hand Delivered, Received By: Nyq��III// 1m,n:-INu �';�•'�, ;3• �CE11H ;y� �t F10R10p Town of Highland .Beach 3614 SOUTH OCEAN BOULEVARD . HIGHLAND BEACH. FLORIDA 33431 Palm Beach County, Florida CODE ENFORCEMENT BOARD TOWN OF HIGHLAND BEACH, ) FLORIDA, ) ) -vs- ) ) ) 3 Defendant. ) ) W H E R E A S 300 - 278.4540 O R D E R Citation No. On the day of , 19 , a PUBLIC HEARING was held by the CODE ENFORCEMENT BOARD OF THE TOWN OF HIGHLAND BEACH, FLORIDA, regarding the above Citation. After 8 finding that the Code Violation as alleged had occurred, and pursuant to the powers granted under Chapter 162, Florida State Statutes, the CODE ENFORCEMENT BOARD hereby issues the following ORDER: DONE AND ORDERED by the CODE ENFORCEMENT BOARD OF THE TOWN.OF HIGHLAND BEACH, FLORIDA, this day of , 19 By: STATE OF FLORIDA ) COUNTY OF PALM -BEACH ) TOWN OF HIGHLAND BEACH, FLORIDA Chairperson Code Enforcement Board BEFORE ME PERSONALLY APPEARED , Chairperson of the CODE ENFORCEMENT BOARD OF THE TOWN OF HIGHLAND BEACH, who acknowledged that he executed the foregoing ORDER for the purposes therein expressed. DONE this day of , 19 . (SEAL) NOTARY PUBLIC, STATE OF FLORIDA My Comm..Exp.