2015.12.16_CEB_Minutes_Regular TOWN OF HIGHLAND BEACH
MINUTES OF THE
° CODE ENFORCEMENT BOARD
•
RoRio REGULAR MEETING
Wednesday,December 16,2015 9:30 AM
Members Present: Chair Tim Burnich; Vice Chair Don Gill; Board Member Paul
Resnick;Board Member David Stem;Board Member George Kelvin and Board Member
Carl Gehman. Also Attending:Town Manager Beverly Brown;Town Attorney Leonard
Rubin;Deputy Town Clerk Patrice Robinson;Commissioner Lou Stem;Commissioner
Rhoda Zelniker;Mayor Bernard Featherman;Building Official Michael Desorcy;Code
Enforcement Officer Carol Holland and members of the general public.
CALL TO ORDER:
Chair Bumich called the Regular Meeting to order at 9:30 a.m. Roll call was taken by
Deputy Town Clerk Robinson followed by the Pledge of Allegiance.
ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA:
Agenda accepted as presented.
PUBLIC COMMENTS AND REQUESTS:
There were no public comments.
PRESENTATIONS:
None.
APPROVAL OF MINUTES:
• July 15,2015—Regular Meeting
Chair Burnich noted that there is one correction to the July 15,2015,Regular Meeting
Minutes under Call to Order. It listed Chair Resnick call the Regular Meeting instead of
Chair Burnich. Chair Burnich called the July 15,2016,Regular Meeting to order.
Code Enforcement Board Regular Meeting Minutes
Wednesday,December 16,2015 Page 2 of 5
MOTION: Member Stern moved to approve the minutes of July 15,2015,Regular
Meeting as amended.Vice Chair Gill seconded the motion,which passed unanimously.
OLD BUSINESS:
None.
NEW BUSINESS:
A) Appointment of Board Chair
MOTION: Vice Chair Gill moved to appoint Tim Bumich as the Chair. Member Stern
seconded the motion,which passed unanimously.
B) Appointment of Board Vice Chair
MOTION: Member Kelvin moved to appoint Don Gill as the Vice Chair. Member Stern
seconded the motion,which passed unanimously.
C) Selection of 2016 Meeting Dates
3rd Wednesday at 9:30 AM as needed in the Town Commission Chambers
MOTION: Member Resnick moved to approve the 2016 Meeting schedule as
presented. Vice Chair Gill seconded the motion,which passed unanimously.
Chair Burnich—Deputy Town Clerk Robinson can you read the upcoming issue for the
Town Commission.
Deputy Town Clerk Robinson—Proposed Ordinance No. 15-008,had its first reading on
December 15`and is scheduled for its second reading on January 5, 2016. The Town
Commission wants to clarify how meetings may be called for the advisory boards. As it
pertains to Code Enforcement Board,the ordinance reads"Upon the request of the code
enforcement officer,the Town Manager may call hearings of the enforcement board." It
is a clarification.
Chair Burnich—Is there any discussion? Can you tell us what it said before?Deputy Town
Clerk Robinson—Upon request of the code enforcement officer or at such other times as
may be necessary the chairman of the enforcement board may call hearings of the code
enforcement board. Chair Bumich—Technically,it is removing the chair from calling
meetings,is that correct? Deputy Town Clerk Robinson—Correct.
Chair Burnich—Are there any discussion? Member Stern—Why? Deputy Town Clerk
Robinson—The reason is to make all the boards coincide together,so it is being done that
way for all of the advisory boards. Vice Chair Gill—This is what we have been discussing
at the Commission meetings. So we cannot call any meetings unless there is an issue,is
Code Enforcement Board Regular Meeting Minutes
Wednesday,December 16,2015 Page 3 of 5
that correct? Town Meer Brown—This was a decision of the Town Commission. They
felt a full-time employee should be the person to call the meetings rather than an appointed
chairman of the boards. The Town Manager or designee will call the Town Commission
and advisory board meetings. Chair Burnich— Is this just notification for the board?
Deputy Town Clerk Robinson—It is a notification.
D) Comment Section for Board Members—Addition to the Agenda
Chair Burnich—Board Member Kelvin you have an issue that you would like to discuss.
Member Kelvin—Our Town Commission has an item at the end of their agenda where
each commission can either ask a question or make a statement. I am suggesting that we
add that to our next agenda to allow the board members to make a statement or ask a
question. I had a question that I wanted to address and there is not place on the agenda
where I can voice my question. So I am asking that this be added to all of the agendas,and
that each board member name is added to this section as well.We have a town code that
regulates how people can do electrical work to protect them or how to hang a cabinet so
that it is not dangerous. I have noticed that there are palm trees around town on private
properties that have huge coconut clusters which pose a danger to someone. I was
wondering if there is anything in the code that addresses this problem.
Building Official Desorcy—I reviewed the landscaping code to see if there was language
about maintaining the trees and do not see anything in the index. I never had that questions
asked before and no one has never brought it to the town's attention. Member Kelvin—
The reason for the questions is,my neighbor has several palm trees with ten to twelve-
pound coconuts in clusters hanging in the tree and could fall at any moment, and if
somebody is there it could cause serious injury. So I think that the town should address
the problem somehow. Building Official Desorcy — There is probably thousands of
coconut trees in Highland Beach,it would be hard to check every tree. Member Kelvin—
It presents a clear and present danger. We should at least discuss how to address that
problem. Chair Burnich—Member Kelvin this is something you might want to bring up to
commission at their next town meeting unless we want to send a statement to the
Commission. Member Kelvin—I will bring it up at the next town commission meeting,
but again the reason for this as the Code Enforcement Board we should have the ability to
ask questions at their meeting or at our meeting. Member Resnick—Sorry Member Kelvin,
but I disagree with you. The direction that we have gotten is to listen to hearings. If you
as a private citizen have this. My humble opinion is that this is more appropriate at the
town commission whenever,before or after the chance to speak or privately with town
commissioners. Building Official Desorcy— I did not see anything in the code that
addresses coconuts. I will do a little more research but at this point,I cannot fmd anything
that addresses the coconut problem.
MOTION: Member Kelvin moved to add a section on all future agendas for the each
board members to ask questions or make statements. Vice Chair Gill seconded the motion.
Code Enforcement Board Regular Meeting Minutes
Wednesday,December 16,2015 Page 4 of 5
Member Kravit — Under new business, is that an appropriate a section where board
members can bring up issues,or items or procedures that they might want to discuss. Is
this something that really requires to have a separate section under the agenda?
Member Stern—If it is going to happen at every meeting then it should be a separate item
on the agenda. I also do not have a problem with it. You are correct,it should be a separate
section. Discussion ensued about adding a separate item on future agendas that include the
name of each board member.
ROLL CALL:
Member Kelvin -Yes
Vice Chair Gill -Yes
Member Kravit -No
Member Resnick -Yes
Member Stem -Yes
Member Gellman -Yes
Vice Chair Burnich -Yes
Motion carried 6 to 1.
ADJOURNMENT:
Chair Burnich called for a motion to adjourn.
MOTION:Vice Chair Gill moved to adjourn the meeting at 9:47 AM.Member Kravit
seconded the motion,which passed unanimously.
Code Enforcement Board Regular Meeting Minutes
Wednesda December 16 2015 Page 5 of 5
APPROVAL:
Thomas"B1 ch
moi/
Do ' eC ir
SEAL:
Paul Resnick,Board Member
Carl Gehman,Board Member
COSOW Fesio n
MicKravit,B ember
, (A''W
David Stem,Board Member
George Kelvin,Board Member
ATTEST: ja
Lanel _ askins,CMC
Deputown Clerk
Date: Ll a lA 3 i) &p (p
TOWN OF HIGHLAND BEACH, FLORIDA
CODE ENFORCEMENT BOARD
TOWN OF HIGHLAND BEACH, FLORIDA,
Petitioner,
v.
ANN ROY Case No: 16-001
4301 Tranquility Drive
Highland Beach, FL 33487 PCN: 24-43-47-04-02-003-0220
Respondent. LEGAL: BELLE LIDO LT 22 BLK 3
ORDER FINDING VIOLATION
THIS MATTER having come before the Code Enforcement Board on August 31, 2016, and
having heard the testimony of the parties, and having considered the evidence presented by the parties,
and having been fully appraised of the circumstances, does find as follows:
FINDINGS OF FACT
1. The Respondent is the owner of the property located at 4301 Tranquility Drive,Highland Beach,
Florida, as described above.
2. By Notice of Violation dated July 28, 2016 and Corrected Notice of Violation dated August 18,
2016, Respondent was advised that a recent inspection of the Property was performed by the Town and
that she was in violation of Section 30-68(g)(1)b of the Town Code of Ordinances.
3. Respondents failed to comply with the Code requirements by the dates indicated in the Notices
of Violation, and the Town issued a Notice of Hearing.
4. All notices were served in compliance with Section 162.12, Florida Statutes, and Section 2-106
of the Town Code of Ordinances.
5. The testimony and photographs presented at the hearing demonstrated that the violation remained
on the Property as of the date of the hearing.
CONCLUSIONS OF LAW
1. By reason of the foregoing,Respondent is in violation of Section 30-68(g)(1)b of the Town Code
of Ordinances and is therefore subject to the provisions of Article V, Chapter 2, of the Code of
Ordinances of the Town of Highland Beach, under the authority of Chapter 162 of the Florida Statutes,
as both may be amended from time to time.
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2. The Findings of Fact support,by a preponderance of the evidence,that Respondent violated and
remains in violation of the Code section cited above.
COMPLIANCE
1. IT IS HEREBY ORDERED that Respondent shall comply with the above section of the Town
of Highland Beach's Code of Ordinances as follows:
a. Respondent shall bring the Property into compliance with the Town Code on or before
September 30.2016. Upon compliance,Respondents shall request an inspection by contacting the
Town's Building Department at(561)278-4540 or the Town's Code Enforcement Officer at(561)254-
5935.
b. Should Respondent fail to bring the Property into compliance by the date specified above,
a fine in the amount of$250.00 shall be assessed against Respondent for each day the Property remains
in violation past the date set for compliance.
c. No further action shall be required for the entry of such fine.
2. Should Respondent violate the same code sections cited herein,such reoccurrence may subject
the Respondent to a repeat violator fine of up to $500.00 per day for every day of violation, plus
administrative costs in enforcing the action,pursuant to Chapter 162,Florida Statutes.
3. Respondent may submit a written request for a hearing to challenge this Order prior to its
recordation as a Lien provided the Respondent does so within thirty(30)days from the date of this Order.
If Respondent fails to comply with the Town Code within specified deadline and timely request such a
hearing in writing to the Town,the Town may record a certified copy of such Order in the Public Records
of Palm Beach County,Florida,and thereafter the Order shall constitute a Lien against the real and/or
personal property owned by Respondent. If such a hearing requested, the Town shall notify the
Respondent of the hearing date by regular and certified mail. Respondent is not entitled to a rehearing
of the case,and there shall be no presentation of evidence as to the existence or non-existence of the
violation. Instead,Respondents shall Show Cause why this Order should not be recorded as a Lien in
the Public Records of Palm Beach County,Florida.
DONE AND ORDERED this 31'day of August,2016. /
.org
Thomas Burnich,Chairman
Code Enforcement Board
Copies Furnished to:
Glen J.Torcivia,Town Attorney
Ann Roy
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