2016.11.16_CEB_Minutes_Regular TOWN OF HIGHLAND BEACH
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REGULAR MEETING
Wednesday,November 16,2016 9:30 AM
Members Present:Chair Tim Bumich;Member David Stern;Member George Kelvin,Member
Paul Resnick;Member Carl Gehman and Member Melissa Ebbs. Also Attending:Acting Town
Manager Valerie Oakes; Assistant Town Attorney Brian Shutt; Deputy Town Clerk Lanelda
Gaskins; Commissioner Louis Stem; Commissioner Carl Feldman; Code Enforcement Officer
Orlando Rodriquez;Building Official Michael Desorcy 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 Gaskins 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:
• Welcome New Member Melissa Ebbs
APPROVAL OF MINUTES:
• September 22,2016—Regular Meeting
MOTION: Member Stem moved to approve the minutes of September 22, 2016, Regular
Meeting,which passed unanimously.
Code Enforcement Board Regular Meeting Minutes
Wednesday,November 16,2016 Page 2 of 4
OLD BUSINESS:
None.
NEW BUSINESS:
A. VIOLATION HEARING
CASE#1611B-002,1129 Boca Cove Lane,Thomas Greco and Carol Greco
Violation: Florida Building Code,Chapter 1,Section 105,Permits
Description: Working without a Building Permit
Legal Description: DELRAY-BY-THE-SEA TH PT OF LTS 113&GAS IN
OR5981P472 A/K/A UNIT 4 BLDG 1 BOCA COVE
PCN: 24-43-47-04-01-000-1134
Assistant Town Attorney Shutt asked the Board Members to disclose any ex parte
communications. There were none.
Deputy Town Clerk Gaskins swore in all those giving testimony.
Code Enforcement Officer Orlando Rodriquez gave a rundown of the dates from inception
(February 22,2016)of the violation notices posted until present time. Mr.Greco has been working
without a permit since February 22nd and has failed to obtain any permits.
Building Office Michael Desorcy—The timeline is accurate. The initial contact in February was
made with the remediation company that was hired to remedy some water damage. I advised the
contractor to register with the Town,but he never did. I observed various activity on the property
and noticed a great deal of work being performed. The job was tagged several times and
photographs were taken. By the debris found outside of Mr.Greco's home(electrical,kitchen
cabinets,etc.),it was determined that there was remodeling being done. There is also a police
report indicating that work was being done after hours.
Member Kelvin—What affect does a stop work order have legally? B.O.Desorcy—If there is
work being done illegally,we have the authority to stop the work until we determine what is going
on.
Assistant Town Attorney Shutt—You need to address the letter submitted by the alleged violator
requesting an extension because he was going to be out of town. You need a motion on that and
if you deny the extension then you can address the violation itself. My question to B.O.Desorcy
is when you have a stop order do you report them to the Department of Business and Professional
Regulations to address their contractor's license. B.O.Desorcy—I have correspondence with the
County Licensing Board for certification and they were alerted. We don't know who they are so
I cannot report anything. They were never physically caught.
MOTION: Member Kelvin moved to deny the request for the extension dated November 8,2016.
Motion was seconded by Member Gehman.
Code Enforcement Board Regular Meeting Minutes
Wednesday,November 16,2016 Page 3 of 4
ROLL CALL:
Member Kelvin - Yes
Member Gehman - Yes
Member Ebbs - Yes
Member Stern - Yes
Member Resnick - Yes
Chair Burnich - Yes
Motion carried 6 to 0.
Discussion ensued regarding to the amount of fines,the starting time that the fines could be
implemented and for how long. B.O.Desorcv—Once Mr.Greco return,I would give him two
weeks maximum to obtain his building permits and comply.
MOTION: Member Resnick moved to fine Mr.Greco$250 per day for non-compliance with past
orders from the Building Department and an additional$250 per day commencing today for any
work done on the property without proper permits. This Board fmds him guilty of non-compliance.
Motion was seconded by Member Kelvin.
AMENDED MOTION: Member Kelvin moved to amend the motion to include that whether or
not there are workers on the site or work being done,the fine should be $250 a day until he
complies with the legal orders of the Town. Motion was seconded by Member Resnick.
B.O.Desorcy recommended that the Board consider starting the fine when Mr.Greco was ordered
to stop work back in August. Town Attorney Shutt—It could be difficult to do until we have the
finding of fact from the Board which you did today. Town Attorney Shutt explained the reasons
why.
ROLL CALL:
Member Kelvin - Yes
Member Resnick - Yes
Member Gehman - Yes
Member Ebbs - Yes
Member Stern - Yes
Chair Burnich - Yes
Motion carried 6 to 0.
REPORTS—BOARD MEMBERS:
There were no comments from any of the Board Members.
Code Enforcement Board Regular Meeting Minutes
Wednesday,November 16,2016 Page 4 of 4
ADJOURNMENT:
Chair Burnich called for a motion to adjourn.
MOTION:Member Stem moved to adjourn the meeting at 10:06 AM.Member Gehman seconded
the motion,which passed unanimously.
APPROVAL:
401111.
Thomas Bumich,Chair
SEAL:
Paul Respick,Board Member
SCK- Q,
Carl Gellman,Board Member
David Stern, oar Member
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George .- in,Board Member
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Melis .1 s, :oard Member
ATTEST: yK--•
Lanelda Gaskins, C
Deputy Town Clerk
Date: ('7,l a1 ao l
TOWN OF HIGHLAND BEACH,FLORIDA
CODE ENFORCEMENT BOARD
TOWN OF HIGHLAND BEACH,FLORIDA,
Petitioner,
v.
THOMAS and CAROL GRECO Case No:16-002
1129 Boca Cove Lane
Highland Beach,FL 33487 PCN: 24-43-47-04-01-000-1134
Respondent. LEGAL: DELRAY-BY-TH-SEA TH PT OF
/ LTS 113 & G AS IN OR5981P472
A/K/A UNIT 4 BLDG 1 BOCA
COVE
ORDER FINDING VIOLATION
THIS MATTER having come before the Code Enforcement Board on November 16,2016,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 1129 Boca Cove Lane,Highland Beach,
Florida,as described above.
2. By Notice of Violation dated September 30, 2016, Respondent was advised that a recent
inspection of the Property was performed by the Town and that they were in violation of working without
a building permit as required by the Florida Building Code and the Town Code of Ordinances.
3. Respondents failed to comply with the Code requirements and the Stop Work Order placed on
the property 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 Chapter 1,Section 105 of the Florida
Building code and Section 6-26 of the Town Code of Ordinances,which adopted the Florida Building
Code and is therefore subject to the provisions of Article V,Chapter 2,of the Code of Ordinances of the
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Town of Highland Beach,under the authority of Chapter 162 of the Florida Statutes,as both may be
amended from time to time.
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
November 16.2016. 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 16th day of November,2016.
Thomas Burnich,Chair
Code Enforcement Board
Copies Furnished to:
Glen J.Torcivia,Town Attorney
Thomas and Carol Greco
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TOWN OF HIGHLAND BEACH,FLORIDA
CODE ENFORCEMENT BOARD
TOWN OF HIGHLAND BEACH,FLORIDA,
Petitioner,
v.
THOMAS and CAROL GRECO Case No:16-002
1129 Boca Cove Lane
Highland Beach,FL 33487 PCN: 24-43-47-04-01-000-1134
Respondent. LEGAL: DELRAY-BY-TH-SEA TH PT OF
LTS 113 & G AS IN OR5981P472
A/K/A UNIT 4 BLDG 1 BOCA
COVE
ORDER DENYING REQUEST FOR EXTENSION
THIS MAI l ER having come before the Code Enforcement Board on November 16,2016,at the
request of the Respondents,Thomas and Carol Greco,to request an extension of the hearing date set for
November 16, 2016. Having considered the evidence and testimony presented at the haring it is
HEREBY ORDERED as follows:
1. The Respondent's request to extend the hearing is DENIED.
DONE AND ORDERED this 16th day of November,2016.
Thomas Bumich,Chair
Code Enforcement Board
Copies Furnished to:
Glen J.Torcivia,Town Attorney
Thomas and Carol Greco
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