Loading...
1993.09.15_CEB_Minutes_Special TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD SPECIAL WORKSHOP MEETING - MINUTES Wednesday, September 15, 1993 9:30 A.M. Chairman Victor P. Hadeed called the Special Workshop Meeting to order in Commission Chambers at 9:30 P.M., stating its purpose was to review Code Enforcement Board procedures. Deputy Town Clerk Doris Trinley called the roll. In addition to the Chairman, Members Merton Rubin, Leonard D. Bell, Arthur Hamerman and Joseph A. Sarubbi were present. Vice Chair Ellen B. Gerber and Member Russell M. Richardson were absent. Others present were Town Attorney Thomas E. Sliney and Code Enforce- ment Officer Lee Leffingwell; Mayor Arlin Voress and Town Manager Mary Ann Mariano were also in attendance. Chairman Hadeed deferred to Attorney Sliney, who advised that in 1977, after the State of Florida abolished the Municipal Court System, the Town's Code Enforcement Board was instituted as a means of addressing . local Code violations. He gave several examples of how it adheres to the criteria set forth in the State Statute. Referring to a recent newspaper article relating to problems experienced by the City of Lake Worth's Code Enforcement Board regarding levied fines which had been subsequently lowered by the Lake Worth City Commission, Mr. Sliney noted that the purpose of the Town's Code Enforcement Board was to bring violators into compliance, not to generate funds via imposed fines. In this regard, he stressed. the efficacy of bringing violators into compliance by means which would not trigger a combative reaction on their part and reminded the panel of the "fellow resident/fellow taxpayer" status they would most likely share with violators of Town Code, although he did acknowledge some recent violations that were exceptions to this concept, i.e., Royal Cove B & C site. (Lake Worth article is attached to and made part of these Minutes.) Code Enforcement Officer Lee Leffingwell next addressed the members, expressing concurrence with Mr. Sliney's remarks regarding the correc- tion of Code violations through mediation, if possible. Ms. Leffingwell then reviewed the updated CEB forms listed below, which had been implemented at her suggestion and Ms. Mariano's approval, and which the Board has been using for about one (1) year. Notice of Violation . Claim of Violation Notice to Appear/Notice of Hearing Findings of Fact/Conclusions of Law/Order Affadavit of Compliance/Non-Compliance Before Hearing Affadavit of Compliance/Non Compliance After Hearing. Code Enforcement Board • Special Workshop - Minutes September 15, 1993 Page 2 of 3 Upon request, Ms. Leffingwell gave a description of her daily duties as Code Enforcement Officer, as well as the circumstances which would lead to the issuance of a Notice of Violation (by Certified Mail) and possibly to a Citation (also by Certified Mail or Personal Service by one the Town's Police Officers). Ms. Leffingwell also noted that the CEB members and Town Attorney are kept informed of the status of outstanding Citations via memorandum from her office; she also periodically transmits to the members a list entitled "Code Violations Corrected." Town Manager Mariano then addressed the Board, making three major points 1. The Code Enforcement Board is different from other Town Boards in that it has no second chance to correct a decision it makes, and an aggressive violator could choose to go directly to court; therefore, it is the Town's policy to encourage voluntary compliance through conciliatory means, if possible. 2. Even though she serves as both, when dealing with Ms. • Leffingwell regarding the work of the Board, it is important for the members to relate to her as the Code Enforcement Officer, not as the Building Official As Code Enforcement Officer for the Town she exercises separate power and authority, which include the use of leverage when dealing with Code violators; it is only when she has exhausted all leveraged efforts that the Board becomes involved. It was also noted that the Police Chief and each of the Town's Police Officers are authorized to act. a Code Enforcement Officer when necessary. 3. When hearing an alleged violation in a meeting setting, after all discussion has taken place, the first order of business is to determine whether or not the Board deems a violation has indeed occurred. This last point generated substantial discussion on two important issues: 1. Was a Workshop necessary in dealing with Citations, or would a Regular Meeting alone be more appropriate? 2. When the Board finds a violation has taken place, should the language of such Motion refer to the owner of the property or the property (address) itself? .. Code Enforcement Board Special Workshop Meeting - Minutes September 15, 1993 Page 3 of 3 On advice of Attorney Sliney, it was utimately the CONSENSUS of the members to hold Regular Meetings only (starting at 9:30 A.M. on the third Wednesday of each month). On advice of Town Manager Mariano, it was the CONSENSUS of the members that when the Board finds a violation has occurred, the language of the Motion will refer to the Citation number only and thus by reference, since same is noted on the Citation, will include the owner and address of the property found in violation, i.e. "THE BOARD FINDS A VIOLATION DOES EXIST AS SET FORTH IN CITATION N0. ." The Chairman will call for such Motion immediately after all testimony and discussion is concluded on any given case, after which options re correction will be discussed. Another area of discussion dealt with the members inspecting an alleged violation site, either prior to a meeting where same will be an agenda item or at some other time. It was concluded that unlike a Board of Adjustment Petition for Variance, which in effect invites those members to inspect a site to consider the "hardship" claimed by an applicant, inspections of an alleged violation site by Code Enforcement Board members could possibly be construed as "trespassing" by a hostile property owner. Therefore, it was suggested that alleged • violation sites only be inspected by the members if they could view same by "riding by." Noting there are some possible amendments to Code that in her opinion need to be addressed, Ms. Leffingwell advised that she and Mr. Sliney will meet in the near future to discuss same. There being no further business to come before the Board at this time, the meeting was adjourned upon MOTION by MR. ROBIN/MR. SARUBBI at 10:55 A.M. dmt ~ erton Ru in 4C~!/-~C-e-~,~ t ur Hamerman sep ar i _. .,~.e Forth, board split over fines Lake Worth boards at odds over drop in landlord's fines By JANE VICTORIA SMITH Palm Beach Posl Staff Wrtter LAICE WOI2Th1-Landlord Martin S. Stcin- Itardt ignored building code violations until lte racked trp $271,000 in Gnes. Ile took slightly more than a year to repair t1Te broken toilets, damagged smoke detectors a,Td other problems at his t)iree apartment buildings in fire city's southern section. taut there were reasons for the delays, he said: a properly ma»ager he later had to Gre; a personal crisis ~ he won't talk about; careless tenants who made problems worse. Back in control by 1990, Steinhardt reasoned that Ire slTOUld get at least a partial break. 7'he city's Code Enforcement Board later cut the Gnes to $15,000, I lc still didn't pay. In December, Steinhardt appealed to the City Crnnrnission, which reduced the fines to $5,000. /1nc1 wltcn he missed an April payment, tlTc commission cut him another break. Steinhardt, a l3oca [talon resident who drives Please see STEINHARDT/3B ~ ' .7 ~ ,',R? . . ~`:' , : . ,,.:.:. . GREG IOVEtT/Stalf r'hotogreptier Retha Lowe, president of Citizens on Task ~nd a critic of Martin Stelnl~ardt, stands In front of a Lake Worth complex Steinhardt owns. he didn't own the property when the fine was first levied in 1991. "We hurt ourselves regarding public relations with code enforce- ment." Romano said. "First. you look stupid for imposing an extrav- agant fine. Then you look wimpy for abating it" He'd like to see a fine schedule that would not be reduced. r e Worth will move in that tiirec~ti~n, he said. But fr community activist Re o• e, the commission's ac- tion ha amore damaging effect It sent this message to landlords: "You can get away with this type of stuff:" Stuff; to her, is renting unsafe and poorly maintained apartments. There is little incentive to make repairs if the owner knows that fines will be reduced after repairs are made, said Lowe, president of the Citizens on Task group. Steinhardt's torrent round of problems began in 1988 and con- tinued into 1989 when he was dted for violations at his Lake Worth apartmeau on Latona Ave- nue and Johnson Street. The 51-year-old landlord blames the repair delays on a property manager he later had to fire. In addition. he said personal STEINHARDT From 1 B a Gold .~cura Legend and wears a gold #1 DAD charm around his neck, remains discontented. `There is not an even playing field in Lake Worth." he said. The fact that he had to pay any amount shows the unfairness in the aty's code enforcement pro- gram. he said. Fines are reduced, sometimes dismissed entirely. Why is the Code Enforcement Board treating him as a greedy landlord when he made the re- quired repairs, he asked. - For others, the question is:. •~V}Tat will be the fallout from the -Eity Commission's role in the :Steinhardt case? "They worry that :z:he commission wrongly usurped -authority from the code enforce- r board and that landlord take the fines seriously. e board and City Commis- sion plan to ask the state attorney :general whether the commission •pn mt fines imposed by the :board. - Commissioners who voted for the reduction thought his fines -mere tao high and could not be :collected. They reasoned that 'Steinhardt would walk away from the property, making the atq re- •sponsTble fora $200,000 mortgage. Ia Lake Worth, along with 'towns around the state, code en- forcement programs are geared to ~itrg up neighborhoods not g g rich on fines. - The problem, though, is that tie fines are set and reduced by the board, said Steinhardt • There is no fee schedule. which irks him. He said Mayor Rodney Romano got a bigger break than the board offered him. Romano, who took back some property through a foreclosure. faced a 376, 750 fine for not having an apartment license. The code board ceduced his fine to 5750, or 1 pezceat. Romano points out that .. -_.. _, ~,. - -~~ ~.~ ~„ ~. tt 1 JE ~ r_ to + t~ . C. r~'"ia~w.ong"' t-"Ti_",tip ~ -i . problems kept him preoccupied. "What happened before was extenuating circumstances," Steinhardt said. He now visits the brightly painted apartments - pink and teal blue - twice a day. In West Palm Beach, Stein- hardt racked up over 800 code violations in 1988 at an apartment complex. He blames those prob- lems on people who vandalized empty apartments, damaging the occupied units. He sold the com- plex before repairs were made. Steinhardt describes himself as a reliable landlord who now responds to violation notices. "I'm beingpainted as a big, bad tem'bte person.' said the man who awned used{ar dealerships and taught ethics to real estate agents. "That's not the case. When I go home and turn on my air condi- tioner, ifeel sorry (for my ten- ants) So when I can. I try to do something for diem." During a recent visit to the neighborhood. most tenanu would not talk to a reporter about Stein- hardt He said that's a normal reacction lrom his tenants who don't want to gee involved •Nith authority figures. Margaret Beal. athree-year tenant, would move if she had tt: extra money. "It's filthy living. she said. Lowe sees him as a landlo: who intimidates tenants. She sa: Steinhardt told her group he wt doing them a favor by renting black people. "We were ready to tar him. she said. "They are paying hi: rent!" His one bedroom-units re: for $260 monthly. Steinhardt, who is whit: doesn't recall saying he was doir black renters a Eavor. If he did s~ it, he didn't mean it as an insult, i s said. "I'm doing this as a busines I hope to generate a profit." Part of his maintenance prof lem comes from the lower-incon: people who are his renters. Stei: hardt said. "I'm not saving they shoo: have substandard housing. But have some people whose housr keeping is horrible." he sal "They eat a piece of chicken ar then throw the bone on the grour. or the floor." Lowe. though, thinks Stec: hardt is to blame for bug ar rodent problems. She said, "I r~ ly wish ,:ode enforcement ar cinr would crack down on ' GREG LovtTr/Start Paotagracr Martin Steinhardt's apartment complex on Latona Avenue, one of three he owns in Lake Worth.