1991.07.17_CEB_Minutes_Workshop
TOWN OF HIGHLAND BEACH
CODE ENFORCEMENT BOARD
WORKSHOP MEETING - MINUTES
Wednesday, July 17, 1991 9:45 A.M.
Vice Chairman Victor P. Hadeed called the Workshop Meeting to order in
Commission Chambers at 9:45 A.M.
Deputy Town Clerk Doris Trinley called the roll. Present were the Vice
Chairman and Regular Members Theodore F. Boepple, Merton Rubin, Horace
Leng and Ellen B. Gerber. Chairman Pamela J. Perona and Regular Member
Lowell Blum were absent.
Also present were Town Attorney Kenneth E. Zeilberger, Code Enforcement
Officer Harry Heithaus and members of the general public.
Mrs. Gerber, a recently appointed member, was introduced and welcomed
to the Board by Mr. Hadeed. Mr. Frank Colaurillo, a resident of Coro-
nado was also recognized.
OLD BUSINESS
None.
NEW BUSINESS
CITATION NO. 2324 ISSUED TO RAYMOND MASCIARELLA, 43P10 S. OCEAN BLVD.,
BLOCK 2, LOT 1, BEL LIDO. SECTION 8.1 OF CHAPTER 30.
Mr. Heithaus gave the background of this Citation, saying he had ver-
bally advised Mrs. Loretta Masciarella that a permit, issued to a li-
censed contractor, was required to do the work on the driveway of the
property since it was a multi-family dwelling. He added that Mrs.
Masciarella informed him the work was done by a relative.
Explaining the issuance of the Citation to "Raymond" Masciarella, Mr.
Heithaus said that "Raymond" was the name of Mrs. Masciarella's late
husband, as well as the name of her son. It had just recently come to
light, he said, that the property was listed under "Loretta," not
"Raymond."
Saying that he felt Mrs. Masciarella was not aware of the law in this
instance and rather than having her rip up the work and have it re-done
by a licensed contractor holding a Town permit, Mr. Heithaus asked the
members to consider advising her that compliance could be gained by
giving him the name, address and phone number of the unlicensed con-
tractor who did the job so he could notify the License Industry Board.
•
Code Enforcement Board
Workshop Meeting - Minutes
• July 17, 1991 Page 2 of 2
Discussion followed and it was noted that if the contractor doing the
work was indeed a relative, Mrs. Masciarella might not be inclined to
be cooperative in revealing the name. Regarding the issuance of the
Citation to "Raymond" rather than "Loretta," it was noted for the
record that the Citation was delivered to "Loretta" on May 14.
(NOTE: This Citation was to have been addressed at the June Meetings;
however, those meetings were cancelled due to lack of quorum.)
CITATION N0. 2325 ISSUED TO EDWARD & MARIANNE DE JOSEPH, 1121 BEL AIR
DR., BLOCK 1, LOT 10, BEL LIDO. SECTION 5, 8.4(a), (c) OF CHAPTER 30
(ORDINANCE N0. 574).
Mr. Heithaus advised he had received a complaint that the parking for
this property had been "overdone." He said the original approved plans
only called for two parking spaces per unit, allowing for a total of
eight spaces. He read from current Code wherein it is stated that any
changes in this regard had to go back through the Planning and Com-
munity Appearance Boards for approval. Regarding advising the owners
of non-compliance, he said a letter was sent to them on April 9; a
Notice of Violation was issued on June 20 and, finally, a Citation is-
sued on July 5. He also showed the Board photographs of the changes
• made.
Discussion included that besides being non-conforming to Code, the
changes did not allow for safe and easy ingress and egress of vehicles,
as well as the fact that the current configuration would present an
obstacle to emergency vehicles.
There being no further business to come before the Board at this time,
the Workshop was adjourned at 10:05 A.M.
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APPROVE : '` ~ ~ oS G /!/' ~ -- .-~ /~ ,~ C /tJ / '--
Victor P. Hadeed, Vice Chairman Theo a F. Boepp
-~~ ~ C~~---.
Merton Rubin Ho ace Leng
Ellen B. Gerber
ATTEST:
• DATE:
•
TOWN OF HIGHLAND BEACH
CODE ENFORCEMENT BOARD
REGULAR MEETING - MINUTES
Wednesday, July 17, 1991 10.05 A M
Vice Chairman Victor P. Hadeed called the Regular Meeting of the Code
Enforcement Board to order in Commission Chambers at 10:05 A.M.
Deputy Town Clerk Doris Trinley called the roll. Present were the Vice
Chairman and Regular Members Theodore F. Boepple, Merton Rubin, Horace
Leng and Ellen B. Gerber. Chairman Pamela J. Perona and Regular Member
Lowell Blum were absent.
Also present were Town Attorney Kenneth E. Zeilberger, Code Enforcement
Officer Harry Heithaus and members of the general public.
Upon MOTION by Mr. Boepple/Mr. Leng, the Minutes of the Workshop and
Regular Meetings of March 20 were approved with unanimous vote.
OLD BUSINESS
None.
• NEW BUSINESS
CITATION N0. 2324 ISSUED TO RAYMOND MASCIARELLA, 4300 S. OCEAN BLVD.,
BLOCK 2, LOT 1, BEL LIDO. SECTION 8.1 OF CHAPTER 30.
There was no representative for Masciarella present.
After some further discussion of information given in the Workshop, and
upon advice from Attorney Zeilberger that since no fine was being con-
sidered - only a letter advising of the Board's finding and asking for
pertiment information regarding the contractor - the finding could be
delivered to "Loretta" Masciarella, rather than "Raymond" Masciarella.
MOTION was then made by Mrs. Gerber/Mr. Leng as follows:
THE BOARD FINDS LORETTA MASCIARELLA IN VIOLATION OF CODE.
IN ORDER TO COMPLY, SHE MUST FURNISH TO THE CODE ENFORCE-
MENT OFFICER, WITHIN 20 DAYS, THE NAME, ADDRESS AND PHONE
NUMBER OF THE CONTRACTOR WHO DID THE WORK.
Roll call resulted in unanimous favorable vote.
NOTE: A copy of the letter sent to Loretta Masciarella is attached to
and made part of these Minutes.
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Code Enforcement Board
Regular Meeting - Minutes
• July 17, 1991 Page 2 of 2
CITATION NO. 2325 ISSUED TO EDWARD & MARIANNE DE JOSEPH, 1121 BEL AIR
DR., BLOCK 1, LOT 10, BEL LIDO. SECTION 5, 8.4 (a), (c) OF CHAPTER 30
(ORDINANCE NO. 574).
Edward DeJoseph was sworn in and gave the members his understanding of
the sequence of events which led to the Citation being issued. He re-
ferred to correcting a portion of the changed parking area after a
visit from Mr. Heithaus, as well as another change he had made after a
visit from a Police Officer. He also advised that a meeting scheduled
with the Town Manager and the Code Enforcement Officer to discuss the
situation had been cancelled when the Town Manager was unexpectedly
called out of Town. He then asked for a postponement in order to seek
legal counsel, saying he did not think he had enough time to defend
himself since he had received the Citation on July 5, only 12 days be-
fore this meeting.
Mr. Heithaus responded that he had sent Mr. DeJoseph a letter regarding
the situation on April 9 and a Notice of Violation was issued on June
20, before the July 5 Citation was ultimately issued.
Marianne DeJoseph was then sworn in
quest for postponement, saying that
Heithaus had diagrammed the area on
how they had allegedly violated Code.
Following substantial deliberation
reached a decision and MOTION was
follows:
and reiterated her husband's re-
only at this meeting, where Mr.
the chalkboard, did they realize
of all circumstances, the Board
made by Mr.Leng/Mr. Boepple as
THE BOARD MOVES TO GIVE A 301-DAY POSTPONEMENT [UNTIL NEXT CEB
MEETING ON AUGUST 21] AS REQUESTED BY MR. & MRS. DE JOSEPH.
Roll call met with unanimous favorable vote.
There being no further business to come before the Board at this time,
the meeting was adjourned upon MOTION by Mr. Leng/Mr. Boepple at 11:00
A.M.
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APPROVE: ~ /4~SC BUT - eS~~T -
Victor P. Hadeed, Vice Chairman T ore F. oe p e
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Merton Rubin orace Len
Ellen B. Gerber
ATTEST: ~~//f
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Town of Hi
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Vice Mayor:
Bill Paul
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH, FLORIDA 33487 Commisaionera:
Arthur G. Eypel
Arlin G. Voresa
John F. Rand
407-278-4548
Palm Beach County, Florida FAX 407-265-3582 Town Manager:
Mary Ann Mariano
July 17, 1991
Mrs. Loretta Masciarella
4300 South Ocean Boulevard
Highland Beach, Florida 33487
Reference: Citation No. 2324
Dear Mrs. Masciarella:
Regarding the above-referenced Citation, this is to advise that at its
Regular Meeting this date, the Code Enforcement Board's decision was as
follows:
You were found in violation of Town Code and in order to
comply, you are to furnish, within 20 days, a copy of the
contract or invoice for the work done, to include the name,
address and phone number of the contractor who did
the work.
•
For your information, we also wish to advise that any repeat violations
can be cited immediately by the Code Enforcement Officer.
Very truly yours,
Victor P. Hadeed
Vice Chairman
Code Enforcement Board
VPH/dmt
"Tree City U.S.A."