1986.11.19_CEB_Minutes_Workshop• TOWN OF HIGHLAND BEACH, FLORIDA
CODE ENFORCEMENT BOARD
WORKSHOP MEETING - MINUTES
NOVEMBER 19, 1986 9.30 A.M.
Chairman Robert F. Scholz called the Workshop Meeting of the Code Enforce-
ment Board, Town of Highland Beach, Florida, to order at 9:30 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.
Inasmuch as there was no Workshop Meeting held in October, there were no
minutes to be approved at this time. It was noted that the Regular Meeting
Minutes of October 15, 1986 would be taken up at the following Regular
Meeting.
With regard to the October 15, 1986 Regular Meeting of the Code Enforcement
Board, Chairman Scholz read two letters into the record written pursuant to
the Board's action on Citation No. 01165. One letter addressed to Paul
Lennihan of Hunzinger Construction Co., advising of the violation on the
pilla Nova Site and further advising that from this day forward the general
ontractor would be held responsible for violations occurring on that site.
The second letter was addressed to Steve Hughes of Miles Anderson
Construction Co. advising that the Code Enforcement Board had held a
hearing and a warning had been issued regarding the aforementioned
Citation.
Secretary/Vice Chairperson Gerber clarified for the Board the importance of
proceeding on each separate violation through the first and second citation
process. It was noted that in the past the Board had considered second
violation notices on a site as being enough cause for the imposition of a
fine; however, each violation must be handled separately regardless of how
many citations are issued on any particular building site.
Chairman Scholz reported that he had attended a meeting held on Tuesday,
November 18, 1986 along with Vice Chairperson Gerber, Steven Abrams the
Board Attorney, Anthony Abbate the Code Enforcement Officer, and Mary Ann
Mariano the Town Clerk. Chairman Scholz explained that the purpose of this
meeting was to review proposed by-laws and forms for use by the Code
Enforcement Board prior to their consideration at this meeting.
Prior to reviewing the proposed by-laws, Chairman Scholz reported to the
Board that the Town Commission would be considering an ordinance amending
the provisions of the Code Enforcement Board in conformance with several
changes in the Florida State Law. The amendments as proposed included the
*llowing:
•CODE ENFORCEMENT BOARD
Workshop Meeting - Minutes
November 19. 1986
C�
•
Paae 2 of 3
1. In Section 2-66 (b) of the Code, an addition will be made
to read as follows "If the violation is corrected and recurs,
the case shall be presented to the Enforcement Board even if
the violation has been corrected prior to the Board hearing and
the notice shall so state."
2. Section 22-66 (c) of the Code has been amended to provide that
a reasonable effort will be made to notify the violator in the
event the Code Inspector has a reason to believe a violation
presents a serious threat to public health, safety and welfare.
Prior to this amendment the Code read that the building official
could proceed directly to utilize whatever powers are available
to him without notifying said violator.
3. Section 2-69 of the Code is amended by the addition of language
to provide that each time a violation is repeated the Code En-
forcement Board will have the power to issue an ORDER and impose
a fine without a hearing being necessary.
4. Section 2-70 of the Code will be amended in that the duration of
any lien imposed by the Code Enforcement Board shall not continue
for longer than a five year period after a copy of the ORDER has
been recorded. Presently, this provision reads two years.
5. Section 2-72 of the Code will be amended to include hand delivery
"by the Sheriff or other Law Enforcement Officer, or other person
designated by the local governing body".
A copy of the proposed ordinance was distributed among the Code Enforcement
Board Members.
The proposed by-laws were then read
with only one addition being made.
designee' will be added to the end
witnesses shall be sworn in by the
by Secretary/Vice Chairperson Gerber
In article 7-1 (d), the words 'or her
of the sentence which reads "All
Town Clerk".
The question was raised regarding the timing of citations in relation to
Code Enforcement Board Meetings. Mrs. Mariano indicated that depending on
the severity of the violation, most citations were scheduled for the next
regularly scheduled meeting. If a violation affects the health or safety
of Town residents, a special meeting would be called to handle the
citation.
In response to Mr. Boepple's question regarding the responsibility of the
Code Enforcement Board in the collection of fines imposed by the Board, he
was advised that it was the Town's obligation to collect such fines.
•CODE ENFORCEMENT BOARD
Workshop Meeting - Minutes
November 19, 1986 Page 3 of 3
The following forms were then reviewed by the Code Enforcement Board for
their consideration:
a. Notice of Violation
b. Citation
C. Statement of Violation and Request for Hearing by the
Code Enforcement Board
d. Notice of Hearing
e. Subpoena
f . Order
g. Affidavit of Compliance
h. Affidavit of Non-compliance
i. Notice of Non-compliance Hearing
. j. Affidavit of Personal Service
Several editorial changes were made on the forms. Mrs. Mariano will check
with the Board Attorney to determine the appropriate person to sing the
Subpoena Form prior to its being served on any violator or other witness.
Mr. Robinson thanked the Chairman, Vice Chairman, Board Attorney and the
Town Clerk for their work on the forms and by-laws provided.
Chairman Scholz adjourned the Workshop Meeting at 11:20 A.M.
APPROVED
Robert Scholz, Chairman
Ellen Gerber, Secy./V. Ch.
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• Edward . Pearlstein
se 'Sieff
ATTEST:A�
Date:
amk David Robinson