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1987.04.15_CEB_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES APRIL 15, 1987 10:05 A.M. Chairman Paul called the Regular Meeting of the Code Enforcement Board, Town of Highland Beach, Florida, to order in the Town Commission Chambers at Town Hall at 10:05 A.M. The Recording Secretary called the roll. Present were Messrs. A. Novak, T. Boepple, E. Pearlstein, J. Sieff, E. Snyder, J. Boulay and W. Paul. Also present were Code Enforcement Officer A. Abbate, Town Manager H. Williams, Town Attorney Steven Abrams, Recording Secretary A. Kowals and members of the general public. The February 18, 1987 Code Enforcement Board Regular Meeting Minutes were read by the Recording Secretary. As there were no additions or corrections, Mr. Pearlstein made a MOTION, seconded by Mr. Boepple, to accept the February 18, 1987 Code Enforcement Board Workshop Meeting and Regular Meeting Minutes as submitted. The MOTION carried unanimously. OLD BUSINESS None. • NEW BUSINESS Chairman Paul recognized Mr. Snyder who stated he feels the Board should have another meeting this month to take care of the Citations that had been deferred from the March Regular Meeting. Dr. Sieff said he looked at the calendar and the next Regular Meeting is five weeks away; therefore, he is recommending that the Board call a Special Meeting concerning these matters in two weeks, if possible. Vice Chairman Novak stated he agreed with Dr. Sieff's recommendation providing it would allow sufficient time for notice. Chairman Paul said a Special Meeting will be held on April 29. A MOTION was made by Dr. Sieff, seconded by Vice Chairman Novak, to schedule a Special Meeting on Wednesday, April 29, 1987 at 10:00 A.M. for the four Regency Highland Citations only. Notice of hearing will be sent out to each violator cited, said Chairman Paul. Mr. Pearlstein added the attorney representing the violators should be notified of the hearing also. Code Enforcement Officer Abbate informed the members there will be another Citation issued in the name of Mr. & Mrs. H. Aeder who have an 40 illegal structure at the Regency Highland; they will be added to the CODE ENFORCEMENT BOARD •Regular Meeting - Minutes April 15, 1987 Page 2 of 4 agenda for the Special Meeting. Mr. Abbate noted that Mr. Aeder wants to apply for a variance. Chairman Paul said the violators are obviously serious about this matter as they have hired counsel. The decision of the Code Enforcement Board is not subject to review by any other official in Town. Once the Board makes a decision which the parties do not like, they must then go to court. The word of the Code Enforcement Board is final as far as the Town of Highland Beach is concerned, continued Chairman Paul. When Mr. Snyder asked if members could make an on site inspection with the Code Enforcement Officer prior to the Special Meeting on April 29, the Code Enforcement Officer said that to check each structure would require entering each apartment to gain access to said structure. Code Enforcement Officer Abbate questioned if there was a statute of limitation that would indicate that if something has been constructed and standing for some time, it would fall under a grandfather clause. Town Attorney Abrams mentioned that if inspections are made, they should be done individually with Mr. Abbate in order to avoid any Sunshine problems. There is a statute of limitation where you have four years to proceed against a wrong doing. The cause of actions probably commenced . in 1978 when the certificate of occupancies were issued, said Attorney Abrams. There was full knowledge that these structures existed. In discussing the matter with the violators' attorney, continued Town Attorney Abrams, he stated his clients are willing to bring these structures up to the applicable codes and bring them into conformity with the Fire Codes. Code Enforcement Officer Abbate said if they comply with the code (they have fire rated walls, sprinkler systems and fire alarm systems) there would be no objections. When Vice Chairman Novak asked if it can be determined when the original structures were erected and if they were approved with the original certificate of occupancy, Mr. Abbate said some claim they were constructed when the building was built and certificate of occupancies were granted at that time. When Mr. Boulay questioned the feelings of the Regency Highland Manage- ment regarding those structures (do they approve of them, do they want them), Mr. Boepple, a resident of the Regency Highland Condominium, stated the building is safe and nobody is concerned about the safety of those structures which have been there for many years. If they comply with the rules set forth, continued Mr. Boepple, there is no problem; give them time to do it and that should solve the matter. • CODE ENFORCEMENT BOARD • Regular Meeting - Minutes April 15, 1987 Page 3 of 4 Chairman Paul commented that the main concern of the Code Enforcement Board is for the safety of those people living at the Regency Highland. Town Attorney Abrams informed the members that Attorney Marchbanks, representing the persons cited, contacted him and presented his arguments. The Town Attorney advised he researched Attorney Marchbanks' claims regarding the statue of limitations and the other arguments presented and Town Attorney Abrams said he finds Attorney Marchbanks has some valid arguments. Attorney Marchbanks indicated his clients are willing to appeal the decision of this Board to the Circuit Court of Palm Beach County, if necessary. Therefore, continued Town Attorney Abrams, the Board probably should balance out a decision in favor of making the structures safe in order to avoid any possible legal liability to the Town. Town Manager Williams informed the members that the Fire District was consolidated therefore all fire inspections and fire safety related matters are turned over to the County Fire Department. If the Board decides they have to comply with the code, the Town would have to get the County Fire Inspectors involved as that is not something the Town does in-house, continued Mr. Williams. When Mr. Snyder stated it was his feeling that the persons cited should • be allowed to do the necessary work to comply with the codes, Mr. Pearlstein added a time limitation should be set in which the work would have to be completed. Chairman Paul said the Board could establish a time -frame at the Special Meeting. At this point, when some members said perhaps it may not be necessary to schedule a Special Meeting as the persons cited are willing to have the said structures in compliance with the code, Mr. Boulay asked if it would not be better to allow the violators the opportunity to present their side at a hearing; the Board would then have their word on record that they will bring the structures into compliance with the code. Code Enforcement Officer Abbate said the violators will be advised they have to have plans for the structures certified by an architectural engineer. Town Manager Williams said the violators would have to go to two separate agencies; their plans, drawn by a registered professional, would have to go to the County Fire Department for review and the County Fire Department would attest that the plans have met the appropriate codes. Then, they would come to the Town's Building Department for the construction permit. This way, there are a variety of protections built into this situation. Chairman Paul thanked the Town Manager for his in -put and added that what he is hearing from the Board is that if the persons cited bring the isstructures up to the code, that would take care of the citations. •CODE ENFORCEMENT BOARD Regular Meeting Minutes April 15, 1987 Page 4 of 4 r1 LJ Members agreed that the Special Meeting should be scheduled as discussed earlier in the meeting. When Chairman Paul asked if members were ready to act on Dr. Sieff's MOTION, the response was favorable and the MOTION passed unanimously. A notice of the Special Meeting set for April 29, 1987 at 10:00 A.M. will be forwarded to the persons cited and their attorney. Town Attorney Abrams said when Attorney Marchbanks appears before the Board, he will want to present, as a further issue, whether the Wagy's unit (the structure that burned down) can be rebuilt; the members may want to suggest he proceed through the proper Town channels as that is not within the province of this Board. Chairman Paul scheduled the next Code Enforcement Board Meeting for Wednesday, May 20, 1987: the Workshop Meeting at 9:30 A.M. followed by the Regular Meeting at 10:00 A.M. There being no further business to come before the Board, Mr. Boepple made a MOTION, seconded by Dr. Sieff, to adjourn the meeting. Chairman Paul adjourned the Regular Meeting of the Code Enforcement Board at 10:45 A.M. APPROVED • '/G�/�%`/ivL'� William E. Paul, Chairman �✓ e-101- Alfr B. Nowak, V Theodbre -F: wara i-vAearistein Joseph W. Sie E�One L. Snyder Jo eph . Boulay