2006.11.17_CEB_Minutes_SpecialTOWN OF HIGHLAND BEACH
• CODE ENFORCEMENT BOARD
SPECIAL MEETING
Wednesday, November 17, 2006 9:30 a.m.
Chair John Pagliaro called the meeting to order at 9:30 a.m. In attendance were Chair
John Pagliaro, Vice Chair Martin Sahn, Frank Colarullo, Jack Halpern, Eugene Diliberto,
Paul Resnick and Louis Reidenberg. Town Attorney Larry Corman was present. Dick
Olbrych, Building Inspector, was present for Bob Dawson.
OLD BUSINESS
Chairman Pagliaro presented a three page code enforcement procedure packet which
Attorney Corman prepared per request by the Board (attached hereto and made a part
of these minutes.) Mr. Pagliaro asked that the board review packet for discussion. Mr.
Halpern asked for clarification of a repeat violation.
After some discussion re bringing code violators before the board on a timely basis, Mr.
Dawson asked that a monthly meeting on the third wednesday be automatically
scheduled so a violator may come before the board at any given month. MOTION was
made by MR. HALPERN/MR. RESNICK to schedule every third wednesday monthly, and
if there are no agenda items, meeting will be cancelled. MOTION carried.
MOTION was made by MR. SAHN/MR. REIDENBERG to adopt procedures as amended
• to give violators 15 days notice rather than 10 days.
MOTION was made by MR. RESNICK/MRS. HALPERN to amend prior motion to include
if certified mail card is not back within 7 business days, will post violation on the
property. MOTION carried.
CODE VIOLATION: PAUL W. HOFFMAN
CASE NO. 2006-07 7S251 Olsen Drive
Naperville, OH 60504-6909
Re: Property Control # 24-43-46-47-04-00-001-0030
Chapter 17-3 NUISANCES: Trash in mangroves, upland portion of lot over grown, piles
of vegetative trash along sidewalk.
Mr. Dawson noted that the property has been cleaned up and is now in compliance.
CODE VIOLATION: TOSCANA MASTER ASSOCIATION
CASE NO. 2006-08 3701 S. Ocean Blvd.
Highland Beach, FL 33487-3303
Re: 3701 S. Ocean Blvd.
Violation of Florida Building Code, Chapter 11 Florida Accessibility Code, 11-4.6.4 and
Florida Statues 553.5041 Parking Spaces for persons who have disabilities.
• Mr. Dawson noted that the property is in compliance.
Code Enforcement Board
• November 17, 2006 Page 2 of 3
CODE VIOLATION: TROIANO MANAGEMENT COMPANY
CASE NO. 06-03 4611 S. Ocean Blvd.
Highland Beach, FL
Re: 4611 S. Ocean, west side of S. Ocean
Chapter 17-3 NUISANCES: Remove dead trees, remove debris.
Mr. Dawson noted that Troiano Management Company believes they are not in violation.
Mrs. Troiano said she would be in town from 11/18-11/25. MOTION was made by MR.
HALPERN/MR. RESNICK that Troiano Mgt. Co. is in violation of dead trees, debris and
overgrown vegetation on the property, which constitutes a nuisance. Board will give 30
calendar days notice from date Order is signed by the Chairman, to cure violation. If not
cured within 30 days, a fine of $100 per day will start accumulating until violation is
cured.
MOTION carried unanimously.
CODE VIOLATION: BOCA COVE CONDOMINIUM ASSOCIATION, INC.
CASE NO. 2006-02 Lorenzo Sciortino, registered agent
4513 S. Ocean Blvd. #1
Highland Beach, FL
Failure to obtain building permit for platform on beach stairway.
Failure to maintain roof and equipment on roof.
Mr. Dawson noted that he was at Boca Cove yesterday, and noted that the front roof has
been repaired and inspected, but did not. see the roof top and understands that nothing
has been done with that yet. Nothing has been done on the removal of the platform on
the beach. Lorenzo Sciortino stated that everything should be done by November 30.
Jack Halpern, Ambassadors South, commented that he took photos this morning, and
nothing has been done except the wood has been replaced and painted.. The exterior
door appears to be a hollow wood exterior door - not a hurricane door. Mr. Dawson will
inspect to determine if it is a hurricane door or not. Mr. Sciortino gave permission for
Mr. Dawson to open door and inspect. Mr. Halpern also commented that the roof looks
like it painted in "patchy" white areas, with rust looking areas, and that the agent is
showing no intent of repairing these issues.
After further discussion, the following MOTION was made by MR. PAGLIARO/MR.
REIDENBERG:
As of Oct 15, 2006 and as of today, the condition identified in the
Order. of Sept. 7, 2006 as to the need to repair the roof, remove all
unused equipment and other debris, and paint or otherwise cover the
roof so it has a consistent and uniform appearance, has not been
complied with and that pursuant to the prior Order of the Board, there
•
Code Enforcement Board
• November 17, 2006 Page 3 of 3
is a $100/day fine that commences running as of October 15, 2006
which shall continue until the situation is cured.
MOTION carried unanimously.
Mr. Resnick referenced his letter of October 3 re a fence in disrepair between the Malani
Boca Highland and Malani property since hurricane Wilma. Also, who owns the fence -
Malani or Boca High? Mr. Dawson will check with Ed Fanning about the repair. The
letter also referenced water puddling on A1A, and the unattractive reflectors and pies on
residents properties. Mr. Dawson said that he will write a letter to DOT asking them as
to what is permitted to be placed/planted on DOT property.
ADJOURNMENT
With no further business to come before the Board, MOTION to adjourn was made by
MR. HALPERN/MR. RESNICK at 11:3^
APPROVAL:
John J. Pagliaro, V.Ch.
• Martin Sahn, Sec.
Frank L. Colarullo
Jack A. Halpern
Paul Resnick
Eugene Diliberto
Louis Reidenberg
Attest ~ Date: ~ -cJ
C]
` TOWN OF HIGHLAND BEACH{PRIVATE }
3614 SOUTH OCEAN BOULEVARD
HIGHLAND BEACH, FLORIDA 33487
• 561-278-4548
CASE NO. 2006-07
TOWN OF HIGHLAND BEACH, FLORIDA
VS.
Paul W. Hoffman
7S251 Olsen Drive
Naperville, OH 60504-6909
RE: Property Control # 24-43-46-47-04-00-001-0030
NOTICE TO APPEAR -NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that on the 18th day of October 2006 , in Town Commission Chambers, at
9:30 A.M., pursuant to Article V ,Chapter 2 (Administration) of the Code of Ordinances of the Town of
Highland Beach, Florida, a hearing will be held before the Code Enforcement .Board of the Town of Highland
Beach Florida, to determine whether Paul W. Hoffman has violated one or more provisions and/or sections of the
Town of Highland Beach Code as set forth in the attached "Claim of Violation", sworn to by the Code
Enforcement Officer of the Town of Highland Beach.
YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board at the aforesaid
time and place. IF YOU FAIL TO APPEAR ON THAT DATE, A JUDGMENT MAY BE RENDERED
AGAINST YOU.
YOU ARE ENTITLED to be represented by counsel, present testimony and evidence, and testify on your
behalf. Subpoenas for records, surveys, plats and other materials and for witnesses may be requested and will be
issued by the Code Enforcement Board upon proper request.
SIGNED this 3rd day of October 2006.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing notice has been furnished to the above named addressee by
certiSed mail, return receipt requested this 3rd day of October 2006.
Enforcement Board Clerk
mail: 7005-3110-0001-0797-9798
.7
TOWN OF HIGHLAND BEACH
3614 SOUTH OCEAN BOULEVARD
HIGHLAND BEACH, FLORIDA 33487
• 561-278-4540
CASE N0.2006-07
TOWN OF HIGHLAND BEACH, FLORIDA
VS.
Paul W. Hoffman
75251 Olsen Drive
Naperville, OH 60504-6909
RE: Property Control # 24-43-47-04-00-001-0030
CLAIM OF VIOLATION OF
TOWN OF HIGHLAND BEACH CODE
July 18, 2006
Pursuant to Article V ,Chapter 2 (Administration) of the Code of Ordinances of the Town of Highland Beach,
Florida, the undersigned Code Enforcement Officer for the Town, makes claim under oath that Paul W.
Hoffman, in the aforesaid Town on the day of July 18, 2006 then and there did violate the Town's Code in
violation of
CHAPTER 17-3 NUISANCES
Trash in mangroves, upland portion of lot over grown, piles of vegetative trash along sidewalk.. Paul W.
• Hoffman has ten (10) days from the date of service of this Claim of Violation to remedy the violations stated
herein.
Code Enforcement Officer
Personally appeared before me, Robert S . Dawson, Code Enforcement Officer for the Town of Highland Beach,
Florida, who first being duly sworn, says that the allegations as set forth in the Claim of Violation are based upon
facts that swears to as true and which, if true, would constitute the offense therein charged, and that these
enforce;neirt proceedings are instituted in good faith. I hereby certify that this Claim of Violation has been served
by Certified Mail, return receipt requested, # 7005-3110-0001-0798-3115, upon Paul W. Hoffinai~, pursuant to
Florida Statute Section 162.12(A).
This Claim of Violation may be released by remedying the violation and calling for a Code Compliance
Inspection within the time flame stated above. Failure to remove the violation and pass a Code Violation
Inspection may result in a Notice to Appear before the Town's Code Enforcement Board
Code Enforcement Officer
Swom to and subscribed before me this day of 20
• Notary Public
My Commission Expires:
H:\Code Enforcemenf106-07 Hoffman Claim.doc
TOWN OF HIGHLAND BEACH{PRIVATE }
3614 SOUTH OCEAN BOULEVARD
HIGHLAND BEACH, FLORIDA 33487
• 561-278-4548
CASE NO. 2006-08
TOWN OF HIGHLAND BEACH, FLORIDA
VS.
Toscana Master Association
3701 S. Ocean Boulevard
Highland Beach, FL 33487-3303
RE: 3701 S. Ocean Boulevard
NOTICE TO APPEAR -NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that on the 18th day of October 2006 , in Town Commission Chambers, at
9:30 A.M., pursuant to Article V ,Chapter 2 (Administration) of the Code of Ordinances of the Town of
Highland Beach, Florida, a hearing will be held before the Code Enforcemert Board of the Town of Highland
Beach Florida, to determine whether Toscana. Master Association has violated one or more provisions and/or
sections of the Town of Highland Beach Code as set forth in the attached "Claim of Violation", sworn to by the
Code Enforcemer Officer of the Town of Highland Beach.
• YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board at the aforesaid
time and place. IF YOU FAIL TO APPEAR ON THAT DATE, A JUDGMENT MAY BE RENDERED
AGAINST YOU.
YOU ARE ENTITLED to be represented by counsel, present testimony and evidence, and testify on your
behalf. Subpoenas for records, surveys, plats and other materials and for witnesses may be requested and will be
issued by the Code Enforcement Board upon proper request.
SIGNED this 3rd day of October 2006.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing notice has been furnished to the above named addressee by
certified mail, return receipt requested this 3rd day of October 2006.
r
Dillon
Enforcement Board Clerk
Certified mail: 7005 3110 0001 0797 9781
TOWN OF HIGHLAND BEACH
3614 SOUTH OCEAN BOULEVARD
HIGHLAND BEACH, FLORIDA 33487
CASE N0.2006-08
TOWN OF HIGHLAND BEACH, FLORIDA
VS.
Toscana Master Association
3701 S. Ocean Boulevard
Highland Beach, FL 33487-3303
RE: 3701 5.Ocean Boulevard
561-278-4540
CLAIM OF VIOLATION OF
TOWN OF HIGHLAND BEACH CODE
July 28, 2006
Pursuant to Article V, Chapter 2 (Administration) of the Code of Ordinances of the Town of Highland Beach,
Florida, the undersigned Code Enforcemenrt Officer for the Town, makes claim under oath that Toscana Master
Association, in the aforesaid Town on the day of 3uly 28, 2006 then and there did violate the Town's Code in
violation of:
CHAPTER 6 ARTICLE III BUII..DING CODE
Building Code Violation: Violation of Florida Building Code, Chapter 11 Florida Accessibility Code, 11-4.6.4
(copy attached} and Florida Statutes 553.5041 Parlang Spaces for persons who have disabilities (copy attached).
Toscana Master Association has Ten (10) calendar days from the date of service of this Claim of Violation to
remedy the violations stated herein.
s.
Code Enfor Officer
Personally appeared before me, Robert S. Dawson, Code Enforcement Officer for the Town of Highland Beach,
Florida, who first being duly sworn, says that the allegations as set forth in the Claim of Violation aze based upon
facts that swears to as true and. which, if true, would constitute the offense therein charged, and that these
enforcement proceedings aze instituted in good faith. I hereby certify that this Claim of Violation has been served
by Certified Mail, return receipt requested, # 7005-3110-0001-0797-9750, upon Toscana Master Association,
pursuant to Florida Statute Section 162.12(A).
This Claim of Violation maybe released by remedying the violation and calling for a Code Compliance
Inspection within the time frame stated above. Failure to remove the violation and pass a Code Violation
Inspection may result in a Notice to Appeaz before the Town's Code Enforcement Board
S
Code Enforcem cer
Sworn to and subscribed before me this 3 / day of ~~ 20 o L
~Q~j,[, a~'~'~ Lots I(~
• Notary Public ~~~•' ~' ~annd„f,,,
My CanuY-iission Expires: ~~`~/aoc ~ E ~,,,,,drr,~°~Q1o3,,
SOT
H:~Code Enforcement~06-08 Toscana HC Parking.doc
•
•
Florida Building Code, 2004 Complete Collection
Building 2004 /CHAPTER 11 FLORIDA ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION PART A /
SECTION 11-4 ACCESSIBLE ELEMENTS ANO SPACES: SCOPE ANO TECHNICAL REQUIREMENTS /
11-4.6 Parking and passenger loading zones. / 111.6.4 Signage.
International Code Council, Inc.
The 2005 Florida Statutes
Title )00(III
. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
553.5041 Parking spaces for persons who have disabilities.--
6) Each such parking space must be prominently outlined with blue paint, and must be repainted when
necessary, to be clearly distinguishable as a parking space designated for persons who have disabilities
and must be posted with a permanent above-grade sign of a color and design approved by the
Department of Transportation, which is placed on or at a distance of 84 inches above the ground to the
bottom of the sign and which bears the international symbol of accessibility meeting the requirements
of ADAAG s. 4.30.7 and the caption "PARKING BY DISABLED PERMIT ONLY " Such a sign
erected after October 1, 1996, must indicate the penalty for illegal use of the space. Any provision of
this section to the contrary notwithstanding, in a theme park or an entertainment complex as defined in
s. 509.013(9) in which accessible parking is located in designated lots or areas, the signage indicating
the lot as reserved for accessible parking maybe located at the entrances to the lot in lieu of a sign at
each parking place. This subsection does not relieve the owner of the responsibility of complying with
the signage requirements of ADAAG s. 4.30.
•
C:~Documents and Settings\RDawsonlDesktop~Handicapped parking Space Marking Requirements.doc
Page 1 of I
TOWN OF HIGHLAND BEACH
3614 SOUTH OCEAN BOULEVARD
HIGHLAND BEACH, FLORIDA 33487
i 561-278-4548
CASE NO. 06-03
TOWN OF HIGHLAND BEACH, FLORIDA
VS.
Troiano Management Campany
~-~ 4611 S. Ocean Boulevard
Highland Beach, FL 33487
Mailed to: 290 Breakwater Drive, Fishers, IN 46037
RE: 4611 S. Ocean, west side of S. Ocean
NOTICE TO APPEAR -NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that on the October 18, 2006 , in Town Commission Chambers, at 9:30
A.M., pursuant to Article V ,Chapter 2 (Administration) of the Code of Ordinances of the Town of Higliland
Beach, Florida, a hearing will be held before the Code Enforcement Board of the Town of Highland Beach
Florida, to deterniine whether Troiano Management Company has violated one or more provisions and/or
seL~tions of the Town of Highland Beach Code as set forth in the attached "Claim of Violation", sworn to by the
• Code Enforcemenrt Officer of the Town of Highland Beach.
YOU ARE HEREBY COMMANDED to be and appear before the Code Enforcement Board at the aforesaid
time and place. IF YOU FAIL TO APPEAR ON THAT DATE, A JUDGMENT MAY BE RENDERED
AGAINST YOU.
YOU ARE ENTITLED to be represented by counsel, present testimony and evidence, and testify on your
behalf. Subpoenas for records, surveys, plats and other materials and for witnesses may be requested and will be
issued by the Code Enforcement Board upon proper request.
SIGNED this 11 day of October , 2006.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing notice has been furnished to the above named addressee by
certified mail, return receipt requested this 11 day of October , 2006..
Dillon
Enforcement Board Clerk
I ~ertified mail: 7005 1820 0000 3942 1477