2002.03.08_CEB_Minutes_Special
TOWN OF HIGHLAND BEACH
CODE ENFORCEMENT BOARD
SPECIAL MEETING
Friday, March 8, 2002 9:30 A.M.
Chairman Harold B. Cohen called the meeting to order in Commission Chambers at 9:30
a.m. Present were Chairman Cohen, Vice-Chair Herbert J. Lewin, Secretary Albert J.
McNamara, Dean H. Luce, Miriam S. Zwick and new member John J. Pagliaro. David
Goldberg was absent. Also in attendance was Building Official Robert Dawson, Town
Attorney Jarrett Cooper and members of the general public.
This Special Meeting was being held to hear Citation No. 11-01 filed against George M.
Pincik of 1101 Highland Beach Drive, Unit D. Mr. Pincik is being charged with violations
of Chapter 17-3 Nuisances and Chapter 30-67(4)a Home Occupation of the Town's
code.
Attorney Cooper informed the Board of the procedure to be followed and read the
violations into the record. Recording Secretary took the oaths of all who would be
testifying.
• Mr. Dawson noted that the situation of Mr. Pincik allowing a business to be conducted
from his home, came to his attention last November and that Mr. Pincik was sent a letter
ofnon-compliance. Mr. Dawson continued to receive complaints which is why matter was
brought before board today.
Officer Brian Wallen of the Highland Beach Police Department explained the log which
was kept for several days noting the activity of non-resident automobiles to and from the
residence, staying from approximately 9:00 am - 5:00 pm daily. It was noted that the
automobiles belonged to Janet Clark of 475 NE 37th St., Boca Raton and Betty
Rasselowe (sp) of 1000 Popia Tree Trail, Boynton Beach.
Susan Stow, President of the homeowners association stated that this was an on-going
situation since last September and that the address receives mail for the business being
conducted (CD Properties). Roberta Cruta who also owns one of the townhouses also
spoke against same.
Mr. Pincik stated that Tom Ruso is a "buddy" of his and lets him use his home for
computer .use only, does not accept rent, and is not aware of a business being
conducted from his home.
After lengthy discussion and questions asked, the following MOTION was made by MRS.
ZWICK/MR. LEWIN:
•
Code Enforcement Board
March 8, 2002 Page 2 of 2
THE CODE ENFORCEMENT BOARD DECLARES THAT A VIOLATION
HAS TAKEN PLACE, THAT MR. PINCIK HAS FIFTEEN (15) CALENDAR
DAYS TO CORRECT VIOLATION, AND IF SAID VIOLATION EXISTS
AFTER THE FIFTEEN DAYS, $250 A DAY PLUS ANY COSTS, WILL BE
ASSIGNED TO THE OWNER OF SAID PROPERTY UNTIL VIOLATION
CEASES TO EXIST.
n
LJ
The following vote was taken:
In violation Not in violation
Mrs. Zwick yes
Mr. Pagliaro yes
Mr. McNamara yes
Mr. Lewin yes
Mr. Luce yes
Mr. Cohen yes
Adjournment
With no further business to come before the Board, Motion to adjourn was made by MR.
LEWIN/MR. McNAMARA at 10:35 a.m.
APPROVAL:
Harold B. Cohen, Ch.
Herbert J. Lewin, V.Ch.
Albert J. McNamara, Sec.
David Goldberg
Dean H. Luce
Miriam S. Zwick
John J. Pagliaro
Attest: Date
•
~. ao e
,.. <.~~
TOWN OF H/GHLAND BEACH
3614 SOUTH OCEAN BOULEVARD
H/GHLAND BEACH, FLOR/DA 33487
407-278-4548
Case No. 11-01
Re: Vio/ation of Chapter 17-3, Nuisances and Chapter 30-67 (4)a, Home Occupation
of the Code of Ordinances of the Town of High/and Beach, F/orida:
George M. Pincik
1101 High/and Beach Drive, Unit D
High/and Beach, FL 33487
Lega/ description: 1101 Highland Beach Drive, Unit D, Block 2, Lot 16.
The Code Enforcement Board has heard testimony at the Code Enforcement Board
hearing he/d on the 8th of March 2002 and based on the evidence, the Code
EnforcementBoard enters the fol%wing FIND/NGS OFFACT CONCLUS/ONS OFLAW.
and ORDER:
F/ND/NGS OF FACT
• At the March 8, 2002 Code Enforcement Board meeting, George M. Pincik was found
to be guilty of the violation listed above.
CONCLUS/ONS OF LA W
George M. Pincik is in violation of Chapter 17-3, Nuisances and Chapter 30-67 (4)a,
Home Occupation, of the Code of Ordinances of the Town of High/and Beach, F/orida.
ORDER
/t is the order of this board that George M. Pincik sha// comp/y with Chapter 17-3,
Nuisances and Chapter 30-67 (41a Home Occupation of the Code of Ordinances of the
Town of Highland Beach, Florida, by March 23, 2002. /f George M. Pincik does not
comply within the time specified, he shall pay a fine of X250 per day for each day the
vio/ation(s) continues to exist.
/f George M. Pincik does not comply within the time specified, a certified copy of this
order sha// be recorded in the office of the Clerk of the Circuit Court in and for Palm
Beach County, which the violation(sl exists and upon any other rea/ or persona/
property owned by the violator(s) pursuant to Chapter 162 of Florida Statutes.
DONE AND ORDERED this 8th day of March, 2002.
r
• '-'~ °~'`'~'~-~'--~-t ~ ~ Harold B. Cohen
Chair, Code Enforce , ent Board