Loading...
1987.05.20_CEB_Minutes_Regular0 TOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES May 20, 1987 10.00 A.M. Chairman Paul called the Regular Meeting of the Code Enforcement Board, Town of Highland Beach, Florida to order at 10:00 a.m. in the Town Commission Chambers at Town Hall. The Recording Secretary called the roll. Present were Messrs. W. Paul, A. Novak, T. Boepple, E. Pearlstein, E. Snyder and J. Boulay. Absent was J. Sieff. Also present were Code Enforcement Officer A. Abbate, Town Attorney S. Abrams, T. Clerk Mary Ann Mariano and members of the general public. MOTION was made by MR. BOEPPLE/MR. NOVAR to approve the Minutes of the Workshop and Regular Meetings held April 15, 1987 and the Special Meet- ing held April 29, 1987. This MOTION carried unanimously. OLD BUSINESS: None. NEW BUSINESS: Citation No. 2269, Loretta Masciarella, 4300 South Ocean Boulevard, Illegal posts installed on the right-of-way, Violation of Town Code Section 27-1 Florida Uniform Traffic Control Law and 316.2045, Obstruc- tion of Public Streets, Hi hways and Roads Loretta Masciarella was sworn in to give testimony. Mrs. Masciarella stated to the Code Enforcement Board that she did not feel that her mailboxes were on the road and did not obstruct traffic. Mrs. Mascia- rella further noted that the mailboxes had not been installed earlier due to the lack of having a workman available to do it. Attorney Abrams noted that under the State Uniform Traffic Control provisions, the Transportation Code defines "road" as including the right-of-way, therefore, the posts as intalled are indeed illegal and are on the "road". Mr. Abbate noted that Mrs. Masciarella had stated to him and to the Chief of Police that the posts had been installed to prevent garbage trucks from driving on the grass on the right-of-way. Mrs. Masciarella further noted that all of the documentation had been served upon her son and that she had not seen any of the Hearing Notices, etc. It was pointed out that Mrs. Masciarella had signed for • some of the documents which had been mailed to her certified with a return receipt. Further, a letter from Ray Masciarella, Attorney, her •Code Enforcement Board Regular Meeting May 20, 1987 Page 2 of 3 son, had been received by the Building Department indicating that the posts were to be removed at an earlier date, however, no action had been taken to remove them. Mrs. Masciarella stated that she felt the posts were attractive and that she was intending to appeal any negative decision of the Code Enforcement Board to the Circuit Court. Mrs. Masciarella felt that she had been harassed due to the fact that she had not been allowed to place concrete pyramids in the right-of-way in Highland Beach, when such markers existed in Delray Beach. When Mr. Novak requested clarif- ication on this comment, Mr. Abbate noted that the pyramids were ille- gal and could cause tires to blowout and be a threat to safety on the roads. Attorney Abrams noted that Mrs. Masciarella's comments regard- ing the existence of such pyramids in Delray Beach was an indication of the superior enforcement of the town's codes compared to Delray Beach. It was the consensus of the Code Enforcement Board that the posts were indeed illegal and must be removed. Chairman Paul asked Code Enforce- ment Officer Abbate for an appropriate time frame to remove the posts. Mr. Abbate indicated that ten working days would be more than enough • time to have the posts removed. MOTION was then made by MR. BOEPPLE/ MR. NOVAK to issue an ORDER requiring removal of the four illegal posts at 4300 South Ocean Boulevard, Highland Beach, Florida, within 10 business days from the issuance of such ORDER. Upon roll call vote, the MOTION carried unanimously. If such Order is not complied with, a second Citation will be issued and an appropriate fine will be deter- mined by the Code Enforcement Board. With regard to the Regency Highland Orders which had been issued at the April 29, 1987 Special Meeting of the Code Enforcement Board, it was noted that the Town was awaiting plans on the rooftop structures to determine if they were in compliance with the codes. The next meeting of the Code Enforcement Board will be held on June 17, 1987 (Workshop at 9:30 a.m. and Regular Meeting at 10:00 a.m.). The Regular Meeting was then adjourned at 10:25 a.m. APPROVED: William E. Paul, C airman (Deceas Alfr Novak, ice Ch. Theodore F. qifkojfpplle Code Enforcement Board Regular Meeting May 20, 1987 . Page 3 of 3 ATTE, Date amk • n LA Edward J. Pearlstein f Joseph W. Sieff Eu,One L. Snyder t Joseph A. ou1ay