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1986.02.19_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 19, 1986 10:00 A.M. The Regular Meeting of the Code Enforcement Board, Town of Highland Beach, was called to order by Chairman Robert F. Scholz at 10:00 A.M. The recording secretary called the roll. Present were Secretary Ellen Gerber, Messrs. Robert Scholz, Theodore Boepple, Alfred Novak, Edward Pearlstein and Joseph Sieff. Also present were Code Enforcement Of- ficer/Building Inspector Anthony Abbate, Chief William Cecere, Build- ing Official Bruce Sutherland, Town Manager Hugh Williams, Town Attorney Richard Barkin, Recording Secretary Anne Kowals and a few Town residents. Also in attendance were Brian Kirk, Project Manager at Highlands Place, James Mac Kay, MarjaAn.e. and Edward De Joseph and Attorney Raymond Masciarella, Jr., representing the De Josephs. Secretary Ellen Gerber read the minutes of the Regular Meeting held on December 18, 1985. It was noted that Police Officer Widelitz' first . name is Abraham and the minutes were so corrected. Mr. Boepple made a MOTION, seconded by Mr. Novak, to approve and accept the Workshop and Regular Meeting Minutes of December 18, 1985. All members were in favor of the MOTION. Chairman Scholz stated the Code Enforcement Board will miss 'Bob' Myers who did a great job as Vice Chairman of this board. OLD BUSINESS Citation #01162 - Brian Kirk, Highlands Place Construction Site Chapter 7, Sec. 7.20 (b) failure to clean up site daily. Chairman Scholz advised the area was cleaned up and the citation was satisfied. The above citation was before the Code Enforcement Board on December 18, 1985 when the meeting ended abruptly. Secretary Gerber pursued the issue and learned this citation was satisfied. is CODE ENFORCEMENT BOARD Regular Meeting _February 19, 1986 Page 2 of 15 • Citation #01157 - Thomas Lee Henderson - Highlands Place Construction Site, Chapter 18, Sec. 18.11 (8) working before 8 A.M. Due to Hurricane Kate warnings, Mr. Henderson began securing the property prior to 8 A.M. Members felt this action was justified because of the circum- stances and the citation was dismissed with a warn- ing that another violation of regulated hours would lead to a fine. Secretary Gerber read into the minutes a memorandum dated October 24, 1985 from Chairman Scholz to Mayor Sullivan regarding Mr. John Chironna. Mr. Chironna was in the audience so Chairman Scholz and the board mem- bers took the opportunity to thank John personally for his many years of service to the Code Enforcement Board. NEW BUSINESS Citation #01158 - John Sloss, Highlands Place Construction Site, Chapter 18, Sec. 18.11 (8) working beyond 6 P.M. • Brian Kirk, Project Manager at Highlands Place, representing John Sloss was sworn in by Chief Cecere. Explaining the situation, Mr. Kirk said February 17 was a holiday for the Town. Around 4:30 P.M, John Sloss realized it would take extra time to complete work on the concrete so he called the Police Department to report they would be running approxi- mately hZ hour late; however, John received no answer. At 5:00 P.M., John stopped the Highland Beach Police car to advise that men would be on the site until 6:30 P.M. The police officer said he would check to see if that were permissible. At 6:15 P.M., the police sergeant advised the Building Inspector said a citation was to be issued if men were working after 6 P.M. The work was completed at 6:30 P.M., continued Mr. Kirk. Since November, continued Mr. Kirk, we have accelerated our schedule by working as many hours as possible to complete the structure by February, 1986. We have little control over pouring of concrete, said Mr. Kirk. Once concrete is poured, it takes 2/3 hours before you can put the finish on • and it is not always possible to finish within the deadline, stated Mr. Kirk. r CODE ENFORCEMENT BOARD Regular Meeting • February 190 1986 Page 3 of 15 They were not working with noise or disturbing the residents, continued Mr. Kirk. At 6:15 P.M. a worker finished the concrete and the crane operator was taking the tools down to ground level. Secretary Gerber said there are extenuating circumstances and this was one of them; their attempts to contact proper authorities for permission to work overtime were sincere. Chairman Scholz said, with the approval of the board members, he would suggest that Mr. Kirk is aware of our ordinance and is warned that if it occurs again, there will be a substantial fine. All members were in agreement; and, an ORDER to that effect was issued to Mr. Kirk. Chairman Scholz said the Code Enforcement Board is without a Vice Chairman and he would like a nomination. D.r. Sieff nominated Ellen Gerber as Vice Chairperson of the Code Enforce- ment Board. Mr. Boepple seconded the nomination which was favorably re- ceived by all members. Chairman Scholz instructed the recording secretary to send a memo to • the Town Commission advising of the board's decision to have Ellen Gerber serve as Vice Chairperson and Secretary. Secretary/Vice Chairperson Gerber stated there is a vacancy on the board and the Talent Bank should be searched for a good applicant to be ap- pointed to the Code Enforcement Board by the Town Commission. Citation #2257 - James Mac Kay, 4217 South Ocean Boulevard, Chapter 30, Sec. 6'.5 and Sec. 8.1 - enlarging a nonconforming structure - building without permit. Chairman Scholz stated Mr. Mac Kay has a nonconforming structure. Under the 'grandfather clause' Mr. Mac Kay's building would be absolved as it was built before the Town Code was revised. Continuing, Chairman Scholz read Chapter 30, Sec. 6.5 (a) into the minutes. 'No such nonconforming structure may be enlarged or altered in a way which increases or extends its nonconformity, but any structure or portions thereof may be altered to decrease its nonconformity.' • Mr. Mac Kay is in the process of putting an addition on to this noncon- forming structure which is in violation of the Code of Highland Beach. And, said Chairman Scholz, Mr. Mac Kay did not apply for a permit to do so; had he requested a permit, it would not have been issued because of the violation of the code. r 1 CODE ENFORCEMENT BOARD • Regular Meeting February 19, 1986 Page 4 of 15 Mr. Mac Kay, after being sworn in by Chief Cecere, stated that Sec. 6.5 (a) of Chapter 30 says a building may be altered if moving in the direc- tion of decreasing a nonconformity. The number of units is being de- creased from 11 units to a total of 5 units, said Mr. Mac Kay. Code Enforcement Officer/Building Inspector Abbate, after being sworn in by Chief Cecere, questioned how one can decrease when one is adding on to a building. When Code Enforcement Officer/Building Inspector Abbate said Mr. Mac Kay was working without an existing permit, Mr. Mac Kay replied that he has a permit from 1978. Mr. Mac Kay said he discussed this with the city; he brought in a full set of plans and tried to get the thing approved. When asked if he had been cited by the Town before, Mr. Mac Kay said he was cited for parking a camper on his lot. Members learned that Mr. Mac Kay also had a seawall violation. isChairman Scholz said on December 16, 1982, Mr. Mac Kay was cited for working on a seawall without approval. And, Mr. Mac Kay received two prior citations from the DNR. No permits were applied for, continued Chairman Scholz. Town Attorney Barkin, acting as an advisor for this hearing, said what the Code Enforcement Board needs to address is the building which is sitting there now --does it violate the setbacks and requirements of the Town. Building of the addition is clearly enlarging which is increasing the nonconformity. The board, continued Attorney Barkin, must establish what the noncon- formity is that has been increased by this enlargement. Code Enforcement Officer/Building Inspector Abbate said Mr. Mac Kay is not abiding by today's setback as he is going toward AlA and in so do- ing, he is violating the Zoning Code of the front yard setback. Continuing, Mr. Abbate said Mr. Mac Kay is working without a permit; and, he should get a surveyor for the whole thing. There is no survey showing what he is doing, or what he intends to do, said Mr. Abbate. • Mr. Mac Kay said he has drawings and in 1978 they were approved in princip?e. r CODE ENFORCEMENT BOARD Regular Meeting . February 19, 1986 Page 5 of 15 Secretary Gerber said the purpose of this board is to hear code viola- tion citations --Mr. Mac Kay was cited for working without a permit and that is what we are dealing with. The Building Official said Mr. Mac Kay is nonconforming under the side setback and the Coastal Construction Control Line. He is not decreas- ing the nonconformity y g formit b adding on to the building, continued Building Official Sutherland. Town Manager Williams said Mr. Mac Kay is in nonconformity --he is chang- ing the use and character of that building. Going from 11 rental units to 5 condominium units may or may not be in conformity with the zoning. A procedure must be followed to do this, said the Town Manager. Continuing, Mr. Williams said plans must be filed with the Planning Board, design plans must be submitted to the Building Department. We are also talking about the Community Appearance Board. It is a sepa- rate issue --we do not know if Mr. Mac Kay can do that. Town Manager Williams said the structure is illegal and Mr. Mac Kay • should not only stop construction; he should remove what was constructed. When Chairman Scholz requested recommendations from board members, Mr. Boepple said he would like to see what was done illegally be removed. Chairman Scholz said we are talking about the violation of building on to this nonconforming structure without a permit. Whatever Mr. Mac Kay did should be taken down, continued the Chairman. Secretary Gerber made the recommendation that the violation must be removed completely. Mr. Novak said everything that was done without a permit should be removed (the fence, the addition, etc.). Secretary Gerber made a MOTION, seconded by Mr. Boepple, that due to the fact that Mr. Mac Kay had a nonconforming structure and built it without a permit, the structure is to be removed. Due to the fact that he did not conform and did not go through the Building Department for a permit request, this board has given him thirty working days (from receipt of this ORDER) to remove the structure or a substantial fine will be in order for each day that he has not complied. • All members were in favor of the MOTION, except Secretary Gerber. CODE ENFORCEMENT BOARD Regular Meeting IS February 19, 1986 Page 6 of 15 An ORDER pertaining to the MOTION was issued to Mr. Mac Kay. Citations #2254, 2255, 2256, 2258, 2259, 2260 - all issued to Mrs. Marianne De Joseph concerning viola- tions regarding the construction of two extra parking spaces in the right-of-way between 1121 and 1125 Bel Air Drive. Chairman Scholz said this matter encompasses much time. On January 2, 1986 Citation #2254 was issued to Mrs. M. De Joseph (nature of viola- tion is two extra parking spaces on right-of-way). The remedy is to remove the two extra parking spaces immediately. Town Attorney Richard Barkin, acting as Town Prosecutor, was sworn in by Chief Cecere. Addressing the members, Attorney Barkin said two citations (##2255 and #2256) were issued on the basis of a misunderstanding and therefore should be dismissed. Continuing, Attorney Barkin said we are talking about placing two extra • parking spaces on the Town right-of-way. Attorney Raymond Masciarella, representing Mr. & Mrs. Edward De Joseph, stated he is a resident of Highland Beach and as a member of the Board of Adjustment, he questions if the Code Enforcement Board Members con- sider this a conflict of interest. Town Manager Williams said it would be a conflict only if the De Josephs make some sort of an appeal to the Board of Adjustment, at which time Mr. Masciarella would remove himself. In his opening statement, Attorney Barkin said the De Josephs are here on several citations which violate the following Town Code Sections: Chapter 27, Sec. 27.2, parking on right-of-way prohibited. Chapter 30, Sec. 5.8 (c), construction requirements for off- street parking spaces. Chapter 30, Sec. 5.8 (e), required off-street parking. Chapter 30, Sec. 4.6 (e) (14), two spaces per dwelling unit. The De Josephs decided on their own that the Town Code requiring two parking spaces per unit did not fit their needs so they constructed two • brick stye parking spaces which were located in the public right-of- way, outside of the property belonging to the De Josephs. They were asked to remove those structures and they refused to do so. As a result,.in addition to being in the public right-of-way and taking CODE ENFORCEMENT BOARD Regular Meeting • February 19, 1986 Page 7 of 15 public land for their own use, the De Josephs impeded drainage in the area. We have photographs and a site plan submitted by the De Josephs to the Town which will be presented as evidence, continued Attorney Barkin. There may be claims of harassment by Town Officials, said Attorney Barkin, which I suggest that while we should listen to that, it is not relevant. The only thing this board is here to decide is whether there have been violations of the code. Attorney Masciarella waived his opening statement until after the Town presented its case. The Town's first witness, Code Enforcement Officer/Building Inspector Anthony Abbate was sworn in by Chief Cecere. Mr. Abbate's duties as Code Enforcement Officer are to patrol the Town of Highland Beach to enforce the Ordinances of the Town. Mr. Abbate identified Mr. & Mrs. Edward De Joseph and stated he became aware of the De Joseph violation of the code when he drove down Bel Air Drive and saw two parking spaces had been constructed in front of the De Joseph property (over the right-of-way). Photographs of the illegal parking spaces were taken by Mr. Abbate and shown to the board members and Attorney Masciarella. The two new parking spaces (constructed of brick and grass) are over the swale on the right-of-way and extend 5' beyond the De Josephs' pro- perty to the East, continued Mr. Abbate, and encroach on Mr. Johnson's property. Mr. Abbate informed Mrs. De Joseph these two new parking spaces were illegal (the code provides two parking spaces per unit - De Josephs were allocated eight parking spaces for four units when their certi- ficate of occupancy was issued). These parking spaces, continued Mr. Abbate, are on property belonging to the Town and interfere with the swale which is designed to take water away to prevent flooding of the street. Cross examination of Code Enforcement Officer Abbate by Attorney Masciarella followed. Mrs. De Joseph acknowledged to Mr. Abbate she installed the brick spaces • for parking because she has a tennant with five cars and she needs more spaces, stated the Code Enforcement Officer. CODE ENFORCEMENT BOARD Regular Meeting • February 19, 1986 Page 8 of 15 Hugh David Williams, Town Manager of Highland Beach, was the next wit- ness to be sworn in by Chief Cecere. Mr. Williams brought a survey to the hearing (which was made part of the record) which is an "as built" drawing supplied by the contractor who rebuilt Bel Air Drive showing how the road was constructed and the various elevations. Being familiar with the area, Mr. Williams said you can conclude where the De Joseph property is (off AlA running in a Westerly direction is Bel Air Drive - on the North side of Bel Air Drive, the first improved lot in is the De Joseph property). Mr. Williams stated the two extra parking spots, to the best of his knowledge, are clearly over the front line of their property, to the East of the property line and positioned in a Northwest by Southeast direction coming off Bel Air Drive to the East side of the De Joseph property. Attorney Masciarella objected to Attorney Barkin's line of questioning as being "leading". • Mr. Williams in explaining the survey said the area was described as very flat (there is less than a 6" drop, between points, in which to get your water drained). Therefore, the swale was put in to allow the water to run off and anything in the way will slow down the flow of water as the area is very flat and there is no pitch there at all. Upon cross examination by Attorney Masciarella, Town Manager Williams said he is not an engineer but he is considered an expert in reading surveys. Mr. Williams, upon questioning by Attorney Barkin, stated the parking spaces are in the swale which is publicly maintained. When Attorney Masciarella asked the Town Manager if there was any land- scaping in that area, Attorney Barkin objected as the landscaping is not relevant to the discussion. Highland Beach Building Official Bruce Sutherland, sworn in by Chief Cecere, stated he and Code Enforcement Officer Abbate went to the De Joseph property to measure the front of the parcel. • The parking spaces are located on public property mainly in front of the De Joseph Residence and somewhat in front of the Johnson property (approximately 5'), said Mr. Sutherland. CODE ENFORCEMENT BOARD Regular Meeting • February 19, 1986 Page 9 of 15 The parking spaces, continued Mr. Sutherland, are not on the De Joseph property at all and there is no access to the parking spaces from their property; at least 85/90% of the De Josephs parking area is in public property (in the swale area that is maintained by the Town) and the spaces encroach on the swale area in front of the Johnson property. Following cross examination of the Building Official by Attorney Masciarella, Attorney Barkin, upon questioning Mr. Sutherland, was advised the swale was installed in November, 1985 by the Town. Mr. Sutherland said, to his knowledge, the De Josephs never asked if the placing of their two extra spaces on the right-of-way would affect the swale. Attorney Masciarella requested Citation #2254 (De Josephs parking on a prohibited right-of-way) be dismissed as the Town presented no evi- dence that the De Josephs ever parked in that area. Chairman Scholz advised Citation #2254 speaks of two extra parking spaces on the right-of-way, not of anyone parking there. • Attorney Barkin said the De Josephs erected the spaces and obviously intended for their guests, servants and anyone else to park there; therefore, they are aiding and abetting a criminal act. The recording secretary swore in Chief William Cecere of the Highland Beach Police Department who told members that on one occasion he saw a car parked on the parking stalls in question. When asked by Officer Widelitz to remove the car, Mrs. De Joseph cooperated and had it removed. Upon questioning, Chief Cecere said Mrs. De Joseph has a red, 4 door Mercedes which was not observed parked in the area being discussed. At this point, when Attorney Barkin called on Town Manager Williams to ask if he ever observed cars parked on the illegal spaces, Mr. Williams responded that on Sunday evening (2/16/86) at approximately 11:30 P.M. he drove to Bel Air Drive and observed cars parked on the newly constructed spaces. When Attorney Masciarella again requested Citation #2254 be dismissed, Chairman Scholz said that motion is denied, the board will take it under advisement for further consideration. • CODE ENFORCEMENT BOARD Regular Meeting • February 19, 1986 Page 10 of 15 Attorney Masciarella called Marianne De Joseph of 1121 Bel Air Drive. Under oath, Mrs. De Joseph said that in the fall of 1985, there was some road construction on Bel Air Drive that affected her property. Mrs. De Joseph stated the road crew, without permission, removed her mailboxes and destroyed her landscaping as evidenced by the photographs shown to board members by Attorney Masciarella. Prior to the road construction, continued Mrs. De Joseph, the area was planted with pompus grass; today, there is grass, about 100 bricks and a hedge to screen the in -yard parking. Attorney Barkin, for the record, objected to the "leading" questions by Attorney Masciarella. Mrs. De Joseph reported the damage caused by the road crew to the Town Manager and Code Enforcement Officer; and, the Town Manager promised everything would be restored to the condition that prevailed prior to the road construction. The landscaping was never replaced so the De Josephs sodded, hedged and • put bricks down in sand with a sign reading "no parking", said Mrs. De Joseph. The reason for that, continued Mrs. De Joseph, was not just to reland- scape the area that was left a mess; we don't have enough parking and we tried to get some attractive off-street parking for over -flow. When Chairman Scholz asked how many cars each tennant has, Mrs. De Joseph said her family has four cars -one tennant has five cars -another tennant has one car. Attorney Masciarella showed three additional photographs that he asked Mrs. De Joseph to identify. Mrs. De Joseph said they were photos of properties on Highland Beach Drive and Bel Air Drive where people are parking on the public right-of-way. Chairman Scholz, addressing the De Josephs, said according to the cita- tions, they have constructed (through their own admission) two parking places on land that they do not own. Mrs. De Joseph said she feels she has been harassed because she sees many people doing the same thing she is doing and they are not being • told about it; and, shy feels the harassment is coming from Mr. Williams through Mr. Abbate. CODE ENFORCEMENT BOARD Regular Meeting • February 19, 1986 Page 11 of 15 Secretary Gerber said the problems with the city are not relevant to the citations issued; your city problems should be taken up at the Town Commission meeting, not at the Code Enforcement Board Meeting. When Attorney Masciarella asked if Mrs. Gerber is directing that he discontinue his line of questioning, Mrs. Gerber stated it is irrelevant. Attorney Barkin suggested members let Attorney Masciarella ask what he wants because he is looking for issues to raise on appeal. Attorney Masciarella said he is asking these questions because it is his belief that it is selected enforcement against the De Josephs who are being pointed out as violating parking in the right-of-way. When Attorney Barkin, addressing Mrs. De Joseph, said you acknowledge you are violating the code by thosetwo parking spaces, Mrs. De Joseph replied "along with many other people". Continuing, Attorney Barkin said it was the De Josephs feeling that since they had to replace the landscaping, they would set up a couple • of parking spaces. To this, Mrs. De Joseph responded "I really did, I never would have done it if they hadn't ripped out everything on that corner; it was an opportunity. We sodded the area and put in 100 bricks." When Attorney Barkin said the bricks seem to be aligned in a manner that would suggest a parking space, Mrs. De Joseph stated that was correct --it was done for parking. Following a brief recess, the meeting reconvened at 1:05 P.M. Chief Cecere swore in Mr. Edward De Joseph of 1121 Bel Air Drive who stated he spoke with Town Manager Williams concerning the matters under discussion. Mr. De Joseph stated he wrote letters to Mr. Abbate and Mr. Williams; copies of which were forwarded to the Town Commission and Attorneys. The off-street parking area was put in for the benefit of the community, said Mr. De Joseph, and we are not out of the boundary -line on the Johnson property. Attorney Masciarella stated that other people were more blatant and • they were ignored --Mr. De Joseph said people park in the right-of-way every day. CODE ENFORCEMENT BOARD Regular Meeting 49 February 19, 1986 Page 12 of 15 Those cars parking on the right-of-way are not on brick, stated Attorney Barkin. Following a discussion regarding driveways that go across the swale for acess, Mr. De Joseph questioned if he could increase his parking driveway. Mr. De Joseph stated he is not here to try to get two extra parking spaces --he is questioning why the city is not required to replace what was torn out and damaged by the road crew. Chairman Scholz said the reason the Code Enforcement Board is in exist- ance is to determine if a violation of the Code of Highland Beach exists; were the violators notified and given sufficient time to rectify the violation to the satisfaction of the Town of Highland Beach. Anything else is beside the point, as far as the Code Enforcement Board is concerned, said Chairman Scholz. I did not like the tone of your letters to the Town Manager and Mr. Abbate as there are a lot of innuendos that border on name calling. . Attorney Barkin said since the issue of selected enforcement was raised, he would like to take the unorthodox step of putting himself under oath. Chief Cecere swore in Town Attorney Barkin. There was a misunderstanding, said Attorney Barkin, I was under the impression there were sidewalks in that area and the parking spaces impeded the sidewalks, I cited that one. I was under the wrong impression as to the definition of driveway and I filed that citation, stated Attorney Barkin. In preparation for the meeting, I spoke with Mr. Abbate to determine if the De Josephs parking spaces are on public land. I thought, continued Attorney Barkin, there must be provisions in the code so people can not set up parking spaces on public land. I want the board to know that any decision or responsibility for the citations that were issued after the first one was my decision; and I tell you under oath, there was nobody from the Town who said "load up on these people" or anything like that. At this point, Attorney Barkin said he would like to call Town Manager Williams as rebuttal on the swale issue. CODE ENFORCEMENT BOARD Regular Meeting . February 19, 1986 Page 13 of 15 When Attorney Barkin, addressing Mr. Williams, stated there has been some testimony that Mrs. De Joseph allegedly heard from a worker that there was supposed to be no improvements or creation of a swale in front of their home, Mr. Williams said he would not have the slightest idea if that were so; however, as a representative of the Town, I'm aware of no one in this office here who has said don't do anything to the De Josephs property. In his closing statement, Attorney Barkin said the provision in the ordinance, Chapter 30, Section 5.8 (e) says the required off-street parking facilities shall be located on the same lot or parcel of land they are intended to serve. Continuing, Attorney Barkin said Chapter 30, Section 5.8 (c) says all parking spaces shall be surfaced with approved materials and avoid adverse effects on neighboring property as a result of dust or drain- age. The Town erected a swale to take care of drainage problems a month prior to the De Josephs constructing the two illegal parking spaces. There is a violation of the ordinance calling for two parking spaces • per unit. The De Josephs' site plan was for eight parking spots, all of which were on their lot. Years later, continued Attorney Barkin, they feel they have the right to take property from the Town to put in a few more parking spaces because they have four cars and one of their tennants has five cars. I am representing the Town and we are not looking to punish the De Josephs. Attorney Barkin said he is asking the Code Enforcement Board to rule that the De Josephs, as they have acknowledged, violate the code with those parking spaces. In terms of this, the board must order the De Josephs, as part of its duty, to remove those spaces. The De Josephs have indicated that the parking issue is not really important; it's their treatment by the Town. If they have a grievance with the Town on unrelated matters, they need to go before another forum --not the Code Enforcement Board, continued Attorney Barkin. In his closing statement, Attorney Masciarella said he and his clients understand the function of the Code Enforcement Board. The question is not whether those bricks violate a code because the De Josephs are being accused of putting a structure in the right-of-way. • The real issue, said Attorney Masciarella, is selective enforcement. I submit to you the De Josephs were being singled out; they were being harassed. CODE ENFORCEMENT BOARD Regular Meeting • February 19, 1986 Page 14 of 15 If you find that it is a structure, said Attorney Masciarella, that is a violation, that violation is not hurting anyone - it is improving the area. In closing, Attorney Masciarella renewed his motion to dismiss the citation concerning Mrs. De Joseph parking on the right-of-way; and, if Mrs. De Joseph were an aider or abetter, there was no testimony given during the hearing that she was seen placing the bricks there. Chairman Scholz said your motion is denied; someone had to put the bricks there (under oath, the De Josephs admitted they had those two parking places constructed in that arEawhere they are now, for the benefit of the community) . As far as selective enforcement is concerned, said Chairman Scholz, the Code Enforcement Board has nothing to do with issuing citations; we must make sure the code of Highland Beach is enforced. We know there has been a code violation - the De Josephs admitted that. When members of the board were asked for their recommendations, Mr. Pearlstein said it is necessary to remove the bricks to overcome • the whole situation. Mr. Novak was in agreement. Secretary Gerber said it was her feeling that the De Josephs should repair the swale and remove the bricks which encroach on Johnson's property and their own. Secretary Gerber made a MOTION that after hearing the testimony, the Code Enforcement Board agrees that you should remove the bricks on your property and adjoining -property, which is on the public right-of-way in addition to your property, within ten working days (with the exclusion of inclement weather); and, failure to comply with any of the provi- sions will be subject to you being fined by this board after ten days, while the violation still exists. The particular citations found in violation are: #2260 - construction requirements for off-street parking #2259 - location of parking facilities #2258 - parking and lot violations #2254 - under advisement for further consideration #2255 and #2256 were dismissed. • Mr. Pearlstein added that the removal of bricks will not cover the whole situation; the area should be covered with sod. P CODE ENFORCEMENT BOARD Regular Meeting . February 19, 1986 Page 15 of 15 Chairman Scholz said that will be part of the MOTION as Secretary Gerber has decided the violation will have to be corrected to the satisfaction of the Town of Highland Beach. • Mr. Pearlstein seconded the MOTION which was favorably received by all members. An ORDER, with the help of Town Attorney Barkin, was drafted and issued to Mr. & Mrs. De Joseph regarding the Code Enforcement Board's findings. The next meeting date for the Code Enforcement Board was scheduled for Wednesday, March 19, 1986 (Workshop at 9:30 A.M. - Regular Meeting at 10:00 A.M.) by Chairman Scholz. Secretary Gerber made a MOTION, seconded by Mr. Boepple, to adjourn the meeting. All members were in agreement. Chairman Scholz A D amk - 3/13/86 adjourned the Regular Meeting at 1:55 P.M. APPROVED:-�- Robert Scholz, Chairman Elle Alfrikd Novak Edward Pearlstein ,C 6sepfi Sieff