Loading...
1986.10.15_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES OCTOBER 15, 1986 10:00 A.M. Chairman R. F. Scholz called the Regular Meeting of the Code Enforcement Board, Town of Highland Beach, to order at 10:00 A.M. The recording secretary called the roll. Present were E. Gerber, R. F. Scholz, $. Novak, E. Pearlstein, J. Sieff and D. Robinson. Absent from this meeting was T. Boepple. Also present were Code Enforcement Officer/Building Inspector A. Abbate, Chief W. Cecere, Town Clerk M. Mariano, Recording Secretary A. Kowals and a few Town residents. Secretary/Vice Chairperson Gerber read the minutes of the April 16, 1986 Regular Meeting of the Code Enforcement Board. Mr. Pearlstein made a MOTION, seconded by Dr. Sieff, to approve the minutes as submitted and read. The MOTION was favorable to all members. Chairman Scholz and members welcomed D. Robinson who was appointed to the Code Enforcement Board by the Town Commission. Mr. Robinson thanked the Board and Town Commission for the honor and stated he would do his best to carry out his duties. OLD BUSINESS Chairman Scholz briefly discussed the lien imposed by the Code Enforcement Board on 1100A Highland Beach Drive (Dr. A. Q. Jarrett's Property) for failure to comply with ORDERS issued mandating the completion of necessary repairs to the pool and property. The lien, advised Chairman Scholz, was paid in full by Dr. Jarrett and that matter is now considered *atisfied. Regarding the De Joseph matter, Code Enforcement Officer/Building Inspector Abbate informed the Board that 'Mother Nature' took care of the sod situation. The matter has been satisfied. When Mr. Novak questioned the status of the McKay Property, the Code En- forcement Officer/Building Inspector stated he instructed Mr. McKay to remove boulders from the front of his property and to obtain a permit from the Building Department to put up siding. Mr. McKay complied, said Code Enforcement Officer/Building Inspector Abbate. CODE ENFORCEMENT BOARD Regular Meeting October 15, 1986 Page 2 of 3 NEW BUSINESS Citation No. 01165 - Steve Hughes - Miles Anderson Construction Company Violation at Villa Nova on September 25, 1986, work- ing before 8 A.M. - Chapter 18.11 (8) Chief Cecere issued the above citation to Mr. Hughes who admitted they started excavating work at about 7:30 A.M. Mr. Hughes was told by Chief Cecere that he was to appear before the Code Enforcement Board for a hearing on October 15, 1986 at 10:00 A.M. There was no representative from the Miles Anderson Construction Company at this meeting. When Chairman Scholz questioned if contractors are advised of the regulated work hours, he was told the Building Department does inform all contractors at the time permits are obtained that the work hours in the Town of Highland Beach are from 8 A.M. to 6 P.M. Monday through Saturday, inclusive. In case of an emergency or important work (i.e. pouring of concrete) per- mission may be obtained from the Building Department to work outside of the regulated hours. •This citation can not be dismissed because no one appeared at this hearing, said Secretary/Vice Chairperson Gerber; the violator should be notified this Board issued a 'first warning'. When Code Enforcement Officer/Building Inspector Abbate suggested sending another citation so the Board can penalize the violator, Town Clerk Mariano advised the Board has to try the violator in 'absentia' as they are not here to give defense. Secretary/Vice Chairperson Gerber suggested a copy of the citation be sent to the general contractor with the notation that if a second citation is issued on the same violation and no one appears at the Code Enforcement Board's hearing, the general contractor will be subject to a fine imposed by this Board. Mr. Robinson said legal counsel should be asked to check regarding the second violation and failure to appear; does failure to appear constitute a second violation? We do not want to conflict with the Florida Law, continued Mr. Robinson. Perhaps, said Mr. Robinson, the code should be rewritten to make a non- appearance a misdemeanor. Let legal counsel advise us if we can rewrite the code stating "failure to show is an automatic citation", stated Mr. Robinson. Following much discussion concerning this matter, Mr. Robinson MOVED the Board ask legal counsel what we can do on this subject to put some teeth --into the first citation. CODE ENFORCEMENT BOARD .Regular Meeting October 15, 1986 Page 3 of 3 The MOTION, seconded by Mr. Novak, carried unanimously. Town Clerk Mariano said the Code Enforcement Board can relay a request to the Town Commission to have the Town Attorney research this matter. Chairman Scholz stated a MOTION was made, seconded and carried that the Board ask the Town Commission for legal advice that the Board would like to see invoked. It was at the suggestion of Secretary/Vice Chairperson Gerber that the members agreed to research the matter internally before requesting advice from the Town Attorney. Chairman Scholz scheduled the next meeting for the Code Enforcement Board, Town of Highland Beach, on Wednesday, November 19, 1986 (Workshop Meeting at 9:30 A.M. - Regular Meeting at 10:00 A.M.). Secretary/Vice Chairperson Gerber made a MOTION, seconded by Mr. Novak, to adjourn the meeting. Chairman Scholz adjourned the Regular Meeting of the Code Enforcement Board, Town of Highland Beach, at 11:20 A.M. ATTEST: Date: / 0 APPROVED:_ Robert . Scholz, Chairman Ellenn G,erber,Secretary/V..Ch. Alfred Novak (absent) �Thheodre Boe e Edward Pearlstein '/�Pbsepfi Sief David Robinson