2005.03.16_CEB_Minutes_Special• TOWN OF HIGHLAND BEACH
CODE ENFORCEMENT BOARD
SPECIAL MEETING
Wednesday March 16, 2005 Pape 1 of 2
Vice Chair John L. Papera called the meeting to order at 9:30 a.m. In attendance were
John J. Pagliaro, Martin Sahn, Paul Resnick, Jack Halpern and Sydel Frohlich. Frank
Colarullo was absent. Also in attendance was Town Attorney Larry Corman, Building
Official Bob Dawson and members of the public.
Case No. 2004-03 Marc Andrea Musa .Holdings Ltd.
Attorney Corman read a 2nd District Court of Appeals case of 2003 referencing F.S. 162
as to how a Code of Enforcement Board is to address a matter such as this.
In determining the amount of the fine to be imposed, the Board must consider:
1) gravity of the violation; 2) any actions taken by violator to correct violation; 3) any
previous violations committed by the violator. Then hold a hearing to determine when
the violation of the Order continued and when it stopped.
Dan Taylor of the law firm Tripp Scott was present as representative of Marc Andrea
Musa Holdings LTD, stating that Mr. Musa was looking for a reduction in the imposed
fine of $6,750.
There was lengthy discussion about the violation, with it being noted that Mr. Musa was
notified in April of 2004 to end time share, of which he did not, and continued to do so
until October when he was brought before the Code Enforcement Board. At that time
he was ordered to end the time share, which was not complied with until January 8,
2005, generating a fine of $6,750.
After much discussion, MOTION was made by MR. HALPERN/MR. PAGLIARO to
impose the $6,750 fine, due to the fact that Mr. Musa made money in the April to
October time frame and disregarded the Town's request. MOTION carried unanimously.
Order attached hereto and made a part of these minutes.
There was some discussion re 3200 S. Ocean Blvd. (Azure) and that the property owner
is not keeping in compliance with the Order of the Board. MOTION was made by MR.
HALPERN/MR. SAHN to send a notice of violation to comply, and if not, property owner
must appear before the Board. Motion carried unanimously.
n
LJ
• Code Enforcement Board
•-9~e~b~-7, 2004 Page 2 of 2
ADJOURNMENT
With no further business to come before the Board, MOTION to adjourn was made by
MR. SAHN/Mr. Halpern at 10:40 a.m.
APPROVAL:
John L. Papera, Jr. Ch.
John J. Pagliaro, V.Ch.
Martin Sahn, Sec.
Sydel Frohlich
Frank Colarullo
Jack A. Halpern
Open
TOWN OF H/GHLAND BEACH
3614 SOUTH OCEAN BOULEVARD
H/GHLAND BEACH, FL OR/DA 33487
561-278-4548
Case No. 2004-03
Re: Violation of Chapter 30, Artic% lV; Uses Permitted; Table 30-4 of the Code of
Ordinances of the Town of High/and Beach, Florida:
Marc Andrea Musa Holdings LTD
3801 Congress Avenue
Lake Worth, FL 33461-4140
Legal description: 2641 South Ocean Blvd., Lot #8, Highland Beach, FL
The Town of Highland Beach Code Enforcement Board he/d a hearing on March
16, 2005 for the purpose of determining whether or not Marc Andrea Musa Ho/dings
LTD (the "Property Owner") violated Chapter 30, Artic% lV of the Town's Code and
the Code Enforcement Board's prior Order dated November 30, 2004, by continuing
to use the above referenced residential real property as a rented time share beyond the
ten (10) day cure period provided by the Code Enforcement Board's November 30,
2004 Order and, if the Order was violated, to establish the amount of the fine to be
assessed. At the March 16, 2005 hearing, Dan Taylor, Esquire, appeared on behalf
of the Property Owner as its representative to request either a waiver or reduction of
the amount of the contemplated fine, and the Code Enforcement Board heard both
sworn testimony and legal argument.
Based on the evidence introduced at the hearing and after considering the
Property Owner's legal argument, the Code Enforcement Board enters the fol%wing
Findings of Fact and Conclusions of Law:
F/ND/NGS OF FACT
The Property Owner received the Code Enforcement Board's November 30,
2004 Order on December 2, 2004. The November 30, 2004 Order provided the
Property Owner with ten (10) days from the date that the Property Ownerreceived the
Order in which to terminate the time share activities that were violating the Town's
Code, failing which a Two Hundred Fifty Dollars and No Cents ($250.00) a day fine
would accrue.
C~
• Case No. 2004-03
Marc Musa Holding LTD
Page 2
On December 9, 2004, the Property Owner issued a written notice to the tenant
with whom the Property Owner had entered into a lease pursuant to which the real
property was being used for time share purposes. The Property Owner's December
9, 2004 letter to its tenant stated that all time sharing activities were to terminate
within thirty (301 days and that the lease purportedly authorizing the time share
activities was being terminated by the Property Owner.
Time share activities did not take place on the Property Owner's rea/ property
as of and after January 9, 2005.
The Property Owner's representative did not either contradict, dispute, take
exception to or object to any of the above facts.
While the Property Owner's representative testified that he did not know the
exact amounts, it was conceded that the Property Owner was receiving some amount
of compensation from the tenant in connection with the time share activities.
• Accordingly, it was undisputed that from November 30, 2004 through and
including January 8, 2005, the Property Owner's real property was being used for
time share purposes.
CONCL US/ONS OF LA W
From December 12, 2004 through January 8, 2005, the Property Owner's real
property was being used for time share purposes and activities in violation of the Code
Enforcement Board's November 30, 2004 Order. The November 30, 2004 Order
states that a Two Hundred and Fifty Dollars ($250.00) a day fine would be imposed
for each da y that the Property Owner's real property was used for time share purposes
and activities.
In entertaining the Property Owner's request that the fine be waived or reduced
and in determining the amount of the fine to be imposed against the Property Owner,
the Code Enforcement Board considered (1) the gravity of the violation, (21 the actions
taken by the Property Owner to correct the violation, and (31 any previous violations
committed by the violator. Based on the evidence the Code Enforcement Board
entertained and passed a Motion finding and holding that a Two Hundred Fifty Dollars
and No Cents ($250.001 a day fine for each day that the Property Owner's real
property was being used for time share purposes was proper and appropriate.
•
• Case No. 2004-03
Marc Musa Holding LTD
Page 3
ORDER
The Code Enforcement Board hereby orders that Marc Musa Holdings L TD shall
pay a fine in the total sum of Six Thousand Seven Hundred Fifty Dollars and No Cents
(S6, 750.00) for violating the Town's Code Chapter 30, Artic% lV and the Code
Enforcement Board's Order dated November 30, 2004, by using the subject real
property for time share activities and purposes.
DONE ~, ND ORDERED this ,S~ day of April, 2005.
L.
C
Tovurf of Highland Beach Code Enforcement Board
,•
•
Officials
no longer Sri
r
%.
BY.1tHONDA J. Mn t uR
>ST.AF-NWR6TfiR -
H,ighland Beach, Boczi Raton and
Ocean Ridge,officials have cracked
dowi~'art ilfi~ growing trend ofshort-
term,PacatlonesCS usingiuxuryhomes.:
Ttie horrsetth~afed ann,urifamiliaris=
> sue fbr local officials ~--use: by mem=
bens of the exclusive Abercrombie $~
Kent,DestitratIoinclubs. ~; t
Three bf tti~ luxury hoirles are n~i
`' longerbeing`u`sed~y vacatf oners; anti
legal action is pending on a fourth.
Abercrombie & Kent terminated its
lease on the Highland Beach house
Jan. 9, and owner Marc Andrea Musa
sold it in March for $1.68 million, ac-
cording to Palm Beach County re-
cords. But that was after Musa paid
$6,750 in fines levied by the Code En-
^ TIME-SHARES
CONTINUED FROb1 PAGE 1
for didn't comply, and a speciial' '.
master is reviewing the case of-
ter a public hearing. Meantime,
vacationers at he house have
unexpected guests;--- ~o~ice '
` who stop by to dp~ume>~
frequencyofvis~
forcement Board - $250 a day for 27
days -for using it as time-share,
which is prohibited in town. New own-
ers Fred and Marilyn Blowit of Boca
Raton were at their new
4,800-square-foot house at 2641 S.
Ocean Blvd. on April l for painting and
carpeting.
"Absolutely no time-share. We
bought the house for us," Marilyn Bilo-
witsaid from the gated, six-home Byrd
Beach enclave. "Our kids live in Boca,
and hey'll be coming with their chil-
drentovisit us "
In Boca Raton, code enforcement of-
ficials sawthehouse at 872 Nafa Drive
in Walkers Cay on Abercrombie &
Kent's Website. The company stopped
offering it to members after city offi-
cials orderedit io stop by Feb. 28 or be
fined $1,000 a day, code compliance
supervisor Ken Massalone said.
The house is owned by DR Boca I
LLC, which has an address in South-
port, Conn., Massalone said. That's
where Abercrombie & Fitch is based.
Company spokesmen previously said
that it owns some properties and leas-
es others.
In October, the company terminated
its lease on another house at 890 Nafa
Drive, owned by Maryland resident
Steven Grebow, after being faced with
the same $1,000 a day fine.
In Ocean Ridge, the use of the house
f at 46 Bimini Cove has yet to be re-
` solved.
In December, officials notified own-
erGary Cantor that die was in violation
of town regulations prohibiting time-
shares, commercial ventures in the sin-
e gle=family' resid~titial cieiighborhood,
d leas Hof fewef'.than 30 days. Can-
,~~ ~,~ ~.,~;,w .fir-
~: t, -~''~er' a `
~~ '~ TIME S ~CQNI'1HUES ON 73 ~~'~~
SUN-SENT'INfiL
Ai'uil. 8, 2005
yacht. Members pay.a 5
membership fee, x,$130"
nual fee and $195 a night. Abed='
crombie & Kent spokeswoman.::
Andrea ltoebker said she could `-.
notcomment because of peed k ~~ ~:
ing litigation.
Cantor, who lives on Ocean
Harbour Circle in Ocean Ridge,
said he bought the Bimini Cove
house in January 2004 as an in-
vestment. He paid $L 4 million
for the house, .according to
Palm Beach County Property
Appraiser records. - ,
Cantor said he checked with
Town Clerk'Karen Hancsakbe~ DtSPUTE:Ocean Ridge police have been checking on this house at 46 Bimini Cove since its owner was
fore he signed. athree.-year ~ charged with violating town regulations prohibiting time-shares. Staff photo/Rhonda Miller
leasewi h' Aber~mbie &:Kent ; ~ ~ ~„h ,
in Apri12004. He said the clerk Cantor and has long been Tamil- erm stays," he said.: ~ and that it was not used as a
told him there were "no real iar with the 30-day nxini:mum Cantor's attorney, Robert club.
regulations to length of lease,° lease because of her 15 years as MacLaren of Boca Raton, em-
in what Cantor said was athree- ~ town clerk. phasized witness taternents
orfour-minute conversation: Ocean Ridge Lt. Stefan Katz showing that the house was RhondaJ. Miller can be
Hancsak testified at the ; F Said that police officers iniaiated used by individual families, not reached at rjmiiierta?sun-
Marchhearing she does not re. r,~staps at the house "to establish: unrelated groups of people; that sentinel.com or 561-243-6605.
memberthat conversalaotl,, ' therewere ongoing, short , there were no disturbances;
,
Vacation club ordered to stop