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1993.07.21_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Wednesday, July 21, 1993 10.00 a m Vice Chair Ellen B. Gerber, in the absence of Chairman Victor P. Hadeed, called the Regular Meeting to order in the Commission Chambers at 10:00 a.m. Town Clerk Anne M. Kowals called the roll. In addition to Vice Chair Gerber, present were Members Merton Rubin, Arthur Hamerman, Joseph A. Sarubbi, Leonard D. Bell, and Russell M. Richardson. Town Attorney Carol Sullivan, Building Official/Code Enforcement Officer Lee Leffingwell, and members of the general public were also in attendance. APPROVAL OF MINUTES • The Workshop and Regular Meeting Minutes of May 19, 1993, were unanimously accepted as written upon MOTION by MR. HAMERMAN/ MR. SARUBBI. OLD BUSINESS Citation 2342-93. Michael Walsh, President, Ocean Properties re Holiday Inn, Lots 114 and 115 West. Cha ter 6, Sec. 130 (Maintenance of Seawall) Building Official/Code Enforcement Officer Lee Leffingwell stated Boca Dock and Seawall obtained a permit to repair the seawall. Ms. Leffingwell, noting we do not know how the violation relating to the parking lot maintenance will be addressed, advised she will follow up on this issue. Noting the Holiday Inn has come into partial compliance, it was the Code Enforcement Officer's recommendation this matter be tabled until the August Meeting at which time a status report will be presented. Following brief discussion, Members unanimously accepted the recommendation of Code Enforcement Officer Lee Leffingwell. • Code Enforcement Board Regular Meeting Minutes • July 21, 1993 Page 2 of 4 Upon Mr. Bell's further questioning of data on the May 11, 1993 report from the Code Enforcement Officer, Ms. Leffingwell advised the Marsula violation has been satisfied; the Nestor dock, ori- ginally installed by Delray Marine, is too long and their drawings submitted do not reflect what was installed; the dock is grand- fathered in (the portion of it that would be legal); therefore, Delray Marine was requested to alter the dock (shorten it) at their expense. In response to Mr. Bell's query as to any recommendation regarding the Nestor issue, Town Attorney Sullivan, noting this matter has not come before this Board, advised it would not be appropriate for the Code Enforcement Officer to make any recommendations on citations that are not on the Agenda. Code Enforcement Officer Leffingwell stated this matter will come before the CEB should a solution between the owner, Delray Marine, and the Town not be reached. NEW BUSINESS Citation 2344-93. Rose De Angelis, 1034 Russell Drive, Chapter 6 (Buildings & Structures) Art. 3, Sec. 6-51 (A), 6-52, 6-55, 6-56 (A). • At this time, the following individuals who were to present testi- mony at this Regular Meeting were 'sworn in' by the Town Clerk: Dr. Richard Orman, Mr. Gerald Heavner, and Ms. Rose De Angelis. Ms. De Angelis, apologizing for any inconveniece and noting she was not aware a permit was required, advised the portable air conditioner is being removed and the closet will be enclosed with bronze frame and tinted glass to match existing enclosures in the area. Upon Association approval, an application for building permit will be submitted to satisfy the violation. MR. SARUBBI/MR. HAMERMAN MOVED to follow the recommendation of the Code Enforcement Officer to table this matter to the August Meet- ing. The MOTION carried with all favorable votes. Citation 2345-93. Roy and Mary Lemon, 4201 Intracoastal Drive, Chapter 6, Sec. 130 (Maintenance of Seawalls), Sec. 132 (Abatement of Nuisance), Chap. 13 (Land Clearance) Code Enforcement Officer Lee Leffingwell acknowledged receipt of Mr. Lemon's letter dated 7/18/93 (a copy of which is attached to and made a part of these Minutes). • Code Enforcement Board Regular Meeting Minutes • July 21, 1993 Page 3 of 4 Noting Boca Dock applied for a permit to repair the seawall and Mr. Lemon, having trimmed a great deal of the vegetation over- growth, has arranged for the removal of debris from his property, the Code Enforcement Officer suggested tabling this matter to the August Meeting. Following brief discussion, MR. HAMERMAN/MR. SARUBBI made a MOTION to table this issue to the August Meeting. The MOTION received unanimous approval. Citation 2346-93. Michael Ambrosia, Vice President, Simkins Ind., 4715 S. Ocean Blvd., Standard Housing Code 103.2 thru 103.2.3; Chapter 13, Sec. 1 thru 3A, 4, 5, 6 (Land Clearance) Mr. Gerald Heavner, representing Mr. Ambrosia, stated the building has been boarded up and they have engaged someone to trim the overgrown trees/vegetation which requires a bucket truck. It was noted the tree trimmer is required to register with the Town's Building Department as well as obtain a permit to do the necessary work; and, altering or removing sea-grapes would require a permit from the Florida Department of Natural Resources. At the conclusion of substantial deliberation, the Members found • Mr. Ambrosia in violation of the above cited Codes. MR. SARUBBI/ MR. HAMERMAN proposed the following ORDER: Michael Ambrosia, Vice President, Simkins Ind. has until 5:00 p.m. Monday, August 9, 1993 to come into compliance; failure to comply will result in the enforcement of a fine of $250.00 per day for each day the violation continues to exist, commencing Tuesday, August 10, 1993. A roll call resulted in each Member casting an "AYE" vote for unanimous approval of the ORDER. Citation 2347-93. Lucia Milani, Lots 9 & 10 West, Chapter 13, Sec. 1, 3-6 (Land Clearance) Dr. Richard Orman, representing Lucia Milani and her Company (Highland Beach Real Estate Holdings, Inc.), stated Mrs. Milani requested and was granted approval and permits to clear the property in question. Work was progressing when, Mrs. Milani, concerned with the quality of 'fill' that was to be used, stopped the project as she had to leave the area. The property is now a safety problem with children playing in the mud-holes, it is a breeding ground for mosquitoes, the erosion on that site is having an affect on the bike path, and residents have complained about the area. Consequently, a 'Notice of Violation' was issued to • Mrs. Milani. • - Code Enforcement Board Regular Meeting Minutes • July 21, 1993 Page 4 of 4 Noting a permit is null and void after ninety days if no work commences, the Code Enforcement Officer advised this permit will expire in 45 days. Dr. Orman informed the Board that Mrs. Milani will return to Town early August at which time the work will resume. Following lengthy deliberation, a MOTION finding Mrs. Lucia Milani in violation of the Town Code was proposed by MR. HAMERMAN/MR. SARUBBI. The MOTION carried with five Members casting "AYE" votes with Member Leonard Bell casting the only "NAY" vote. At the conclusion of additonal discussion, MR. HAMERMAN/MR. SARUBBI MOVED the following ORDER be issued: Mrs. Lucia Milani, c/o Highland Beach Real Estate Holdings, Inc. have flashing barriers in place by Monday, July 26, 1993, and complete earth berming at the front of the property (bike path) by Monday, August 2, 1993. It was noted citations are removed once violations are corrected. In response to Town Attorney Sullivan's query regarding a recom- • mendation as to a fine should the violations not be corrected, Mr. Hamerman stated that matter will be addressed at the next meeting. The MOTION on the floor received unanimous approval. There being no further business to come before the Board, upon proper MOTION by MR. RUBIN/MR. SARUBBI, Vice Chair Gerber adjourned the Regular Meeting at 11:00 a.m. AMK • APPROVED: (Absent) Victor P. Hadeed, Chairman ~~ ~-~~~ Ellen B. Gerber Vice Chair ~~ ~J~ erton Rubin ~~Q~ A thur Hame n Date: / /0~-~