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1991.03.20_CEB_Minutes_Regulart . TOWN OF HIGHLAND BEACH • CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES Wednesday. March 20, 1991 11:45 A.M. Chairman Pamela J. Perona called the Regular Meeting to order in Com- mission Chambers at 11:45 A.M. Deputy Town Clerk Doris Trinley called the roll. Present were the Chairman, Vice Chairman Victor P. Hadeed and Regular Members Edward J. Pearlstein, Theodore F. Boepple, Horace Leng and Merton Rubin. Regular Member Lowell Blum was absent. Also present were Code Enforcement Officer Harry Heithaus, Town Attor- ney Kenneth E. Zeilberger and members of the general public. APPROVAL OF MINUTES Upon MOTION by Mr. Leng/Mr. Boepple, the minutes of the Workshop Meet- ing of December 19, 1990 were approved with unanimous vote. Upon MOTION by Mr. Leng/Mr. Hadeed, the minutes of the Regular Meeting • of December 19, 1990 were approved with unanimous vote. OLD BUSINESS Citation 2321. Frank Sanchez, Trust c/o D. Sanchez, 4117 S. Ocean Blvd., Lot 38E. Section 15.3(a). Dense growth, trash, debris, etc., on property. Mr. Heithaus advised that the lot had been cleaned up and a lien was in the process of being filed against the property (Reference Regular Meeting Minutes of December 19, 1990). NEW BUSINESS Citations 2323 (Chapter 5, Sec. 5.6 animal nuisance) and 2322 (Chapter 30, Sec. 8.1 permits required). Issued to Dr. Albert G. Biehl, 1116 Highland Beach Drive, Lot 10, Block 2, Bel Lido. Substantial discussion took place among the members and the Town Attor- ney before the following MOTION was made by Mr. Hadeed/Mr. Leng: CITATION 2323: THE BOARD FINDS DR. ALBERT G. BIEHL OF 1116 HIGHLAND BEACH DRIVE GUILTY OF VIOLATION OF SECTION 5.6 (ANIMAL NUISANCE) OF CHAPTER 5 OF THE HIGHLAND BEACH TOWN CODE; HE IS GIVEN THIRTY (30) DAYS TO SATISFY THE VIOLATION. 1 Code Enforcement Board Regular Meeting - Minutes • March 2~1, 1991 Page 2 of 3 Roll call vote resulted as follows: Mr. Rubin..........AYE Mr. Leng...........AYE Mr. Boepple. ......AYE Mr. Pearlstein.....AYE Mr. Hadeed.........OPPOSED Ms. Perona.........OPPOSED Upon questioning by the Chairman, Attorney Biehl said she did under- stand the language of the Motion. It was agreed among the members that it was their hope the situation could be resolved in a way that would effect an equitable result for all concerned. After brief discussion the following MOTION was made by Mr. Hadeed/ Mr. Leng: CITATION 2322: THE BOARD FINDS DR. ALBERT G. BIEHL OF 1116 HIGHLAND • BEACH DRIVE IN VIOLATION OF SECTION 8.1 (PERMITS RE- QUIRED) OF CHAPTER 30 OF THE HIGHLAND BEACH TOWN CODE; HE IS GIVEN THIRTY (3P1) DAYS TO OBTAIN THE NECESSARY PERMIT. A roll call vote resulted in unanimous favorable vote. It was noted that if Citation 2323 is not satisfied in thirty (30) days, the Highland Beach Police Department would enforce Section 5.7 (Chapter 5) of Town Code entitled "Penalties for violation of sections 5.4 through 5. 6." City of Pahokee Resolution It was the CONSENSUS of the members that a change in State Statute to empower Code Enforcement Boards to impose an immediate fine after an Order is issued would be a good one and so instructed the Town Attorney to prepare the necessary documents supporting such a change. There being no further business to come before the Board at this time, the Regular Meeting was adjourned upon MOTION by Mr. Leng/Mr. Rubin at 12:4 P.M. dmt ~~ Code Enforcement Board Regular Meeting- Minutes • March 2g, 1991 Page 3 of 3 APPROVE : ~ :~ (~, ~-y ~ ~~ ~- Pamela J. Perona Victor P. Hadeed • `~ ~~~/ / ~~ r / ATTEST : /~f .~t.~,,, ,~/,~ ---y~~..'~'(,~ DATE: ~~._L/ i ~c,, ~ `~ ~' ~ `i ~ '; ~' ~~ '~,~ S ~ ~ `_ TOWN OF HIGHLAND BEACH n CODE ENFORCEMENT BOARD WORKSHOP - MINUTES Wednesday, March 20, 1991 9:40 A.M. Chairman Pamela J. Perona called the Workshop Meeting to order in Com- mission Chambers at 9:40 A.M. Deputy Town Clerk Doris Trinley called the roll. Present were the Chairman, Vice Chairman Victor P. Hadeed, and Regular Members Edward J. Pearlstein, Theordore F. Boepple, Horace Leng and Merton Rubin. Regu- lar Member Lowell Blum was absent. Also present were Code Enforcement Officer Harry Heithaus, Town Attor- ney Kenneth E. Zeilberger and members of the general public. NEW BUSYNESS Citations 2322 (Chapter 30, Sec. 8.1 permits required.) and 2323 (Chap- ter 5, Sec. 5.6 animal nuisance). Issued to Dr. Albert G. Biehl, 1116 Highland Beach Drive, Lot 10, Block 2, Bel Lido. • Before discussion started, Mr. Heithaus explained how the two Citations were inter-related and suggested that No. 2323 be addressed first, as the decision of the Board at the Regular Meeting to follow this Work- shop might make No. 2322 moot. Mr. Zeilberger said this would be an appropriate procedure and the members agreed to hear No. 2323 first. Citation 2323: Background: two (2) large dogs being kept in a 16' x 6' (approximate) fence enclosure on east side of property for long periods of time. Attorney Sheila Biehl, representing Dr. Biehl, was sworn in. She read Section 5.6 into the record and directed attention to the word "habitually" which precedes the words "... barks, whines, howls or causes other objectionable noise..." Attorney Biehl then referred to copies of police reports she had obtained and advised that over the past 27 months there had been a total of 23 reports made concerning the property; of those, 18 had to do with the doctor's dogs and 11 of the 18 stated that the dogs were not barking when the officer on duty arrived. In light of these reports, she said, there would appear to be no evidence that the dogs' barking had created a "habitual" problem for the neighbors. Chairman Perona noted that the members had not seen the reports (Exhibit A) and requested copies for their review. A notarized affadavit (Exhibit B) on Dr. Biehl's behalf submitted by • Judy Ann Smith, who had been a "housesitter" for him on several occa- sions, was read into the record by the Chairman. ~ Code Enforcement Board Workshop -.Minutes March 2P1, .1991 Pale 2 of 3 Patricia Rathgeb Neadle, a property owner residing at 1112 Highland Beach Drive, was then sworn in and spoke in defense of Dr. Biehl, say- ing that the dogs had not proved a nuisance to her or her tenants; in fact, their presence was looked on as a security feature. Dr. Biehl was sworn in and gave the members background information re- garding what he considered long-running difficulties with one particu- lar neighbor, i.e.,Silvio Blascovic of 112P! Highland Beach Drive. Be- sides the issue under discussion at this time, he said, there had been disagreements of various kinds between the two since construction of his (Dr. Biehl's) home began. Dr. Biehl then described the dogs, their enclosure and the reasons why they were so confined, i.e., his long working hours. He also said that a housekeeper, who comes in three times a week, and a boatkeeper, who comes in daily, give the dogs respite from the enclosure. The placement of the enclosure on the east side of the property was to ensure shade for the dogs, he said. Silvio Blascovic was then sworn in and gave his interpretation of past disagreements with Dr. Biehl, as well as the reasons why he had insti- tuted the complaints which led to the issuance of the Citation. He said the dogs were confined to the enclosure for many hours each day, many times from about 7 A.M. to 11 P.M., which treatment was bound to cause them to bark and/or whine. He further stated that the location • of the enclosure was approximately 20' from one of his tenant's dining room and windows could rarely open because of noise and odor. A petition against the situation, signed by Mr. Blascovic, his wife, and several of their neighbors was accepted as Exhibit C. Photographs of the dogs and the area were accepted as Exhibit D. A daily log of the dogs' behavior started on March 1, 1991, was disallowed as evidence since it was started after the date of the Citation (January 31, 1991). Carla Blascovic was next sworn in and confirmed Mr. Blascovic's state- ments, saying that while an animal lover herself, she would not impose them on others as she felt Dr. Biehl had. For the record, it was noted that only Mr. & Mrs. Blaskovic had ap- peared today to give testimony against Dr. Biehl; none of those per- sons who had signed the aforementioned petition was at the meeting. Citation 2322 Background: the enclosure in question, as referred to above, was erected without a permit and without Community Appearance Board ap- proval. Mr. Heithaus summarized events leading to the issuance of this Citation and advised that the Community Appearance Board had deferred review of • same until the Code Enforcement Board had the opportunity to rule on the alleged nuisance factor created by the dogs kept in the enclosure. (Pertinent Section of CAB Meeting Minutes attached to and made part of these minutes.) Code Enforcement Board Workshop-Minutes March 20, 1991 Page 3 of 3 Discussion re City of Pahokee Resolution Attorney Zeilberger explained that this resolution supports a change which would empower Code Enforcement Boards to levy a fine or penalty immediately upon issuance of an Order. He advised that in his opinion it would be a beneficial change in that it would give the Board more power; however, since the Board's responsibility was to maintain code enforcement and not to levy fines, it would be of the utmost importance for the Board not to exceed its powers or act capriciously. (A copy of this Resolution is attached to and made part of these minutes.) Mr. Heithaus said this change would also be good for him as the Town Code Enforcement Officer in that it would enable him to get things done more efficiently and quickly. There being no further business to come before the Board at this time, the Workshop was adjourned at 11:10 A.M. dmt A P P RO VE : f~ ,~~~ ~~~ ~ Pamela J. Perona, Chairman >~~~~ ~.~ J ~ ~~ ward. J. Pearlste-ln ~v Victor Ha ed, Vice C airman ;~ ~ ~~ J ~~ C ~~ Theodore F. Boepple l/ l yti--`, Horace Leng erton Rubin l~ ~ ~ ~- .~ %i ATTEST : ~~ ~ ~ ?,~~ l'~ , ~~1 %- -~ (' .!_-~ ~'*~ DATE : -.--~,(~ ~ ~- ~' NOTE: ALL EXHIBITS NOTED HEREIN TO BE MAINTAINED IN CITATION NO. 2323 FILE FOLDER. L~ .~. ,-«.~wn^r....a' 'ny~,a~yry~rwn"'Sn~!'°^.~+~'"C~°"..~x~~r ~';e~,,~ ;Comtttun~:t~Agpea~-rar~ce- Board Rege~la~,.Meetuing „,~,~~Min~tes .Jaiua'3v~'~~99~1~-~:~-. r ';:`__ Paae 3 of 4 Concluding discussion, a MOTION by Mr. Savino/Mr. Heetmann was made as follows: THE COMMUNITY APPEARANCE BOARD APPROVES THE PLANS FOR A DUNE WALKOVER AND OBSERVATION DECK FOR LOT 56 EAST {REGENCY HIGH- LAND/OWNER) AS SUBMITTED BY DELRAY MARINE CONSTRUCTION, SHEET 1292-03 DATED JUNE 29, 1998. Roll call resulted in unanimous favorable vote. Rev~e~a~ bi°`~ ~` ~°" ~.~-M~, ~FraRua~ ~for:;,,propertyt a~located..at .;1116 g c r veg. Sa~Bm~ Dr :" Albett~ ~ G~...,Biehl~Oamer.~ --may. Dr. Biehl and Mr. Heithaus joined the members for discussion and re- view. Mr. Heithaus explained that the dog run was existing and was subject to a Citation (No. 2322) in that it was erected without a per- mit. The members aid Look at the plans submitted by Dr. Biehl and heard from him a brief description of why he had so placed the run, i.e., his working hours necessitated his two dogs to be in the run for long periods of time so he had placed it where they would have shade. • Dr. Biehl's remarks triggered a another discussion, which included the fact that several of his neighbors had signed a petition alleging that the dogs were a nuisance. Copies of the petition had previously been distributed to the members and Mr. Savino read portions of it into the record. Dr. Biehl denied the allegations; however, the members agreed that they would prefer to have the Code Enforcement Board rule on the nuisance factor before they gave approval to the fence so an after-the- fact permit could be issued to satisfy Citation 2322, Mr. Heithaus advised that a Notice of Violation had been previously written to Dr. Biehl regarding the violation of Town Code 5-6 (Animal Nuisance), but it was undeliverable, either by certified mail or in person. Mr. Heithaus then asked Dr. Biehl's permission to issue a Citation to him at this time in order that the matter could go before the Code Enforcement Board at its next meeting on February 20. Dr. Bihel agreed to this approach and was issued Citation 2323 citing vio- lation of Town Code 5-6. Under these circumstances, it was the CONSENSUS of the members to table this item until the Code Enforcement Board had made a decision. GREENING COMMITTEE No Report. • OTHER BUSINESS For the record, Co-Chairman Galizia noted that Alternate Member Yvonne Marie Petritz' one-year tenure as an Alternate Member will be over in February and, on behalf of_ the members, supported her re-election by the Town ::ommissian. He also thanked Ms. Petritz for the fine fob she s RESOLUTION 91-3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PAHOKEE. FLORIDA. URGING THE LEAGUE OF CITIES. AND ~PHE LEGISLATURE TO SPONSOR AND ADOPT A BILL AMENDING FLORIDA STATE STATUTE 162. THUS ALLOWING COUNTY AND MUNICIPAL CODE ENFORCEMENT BOARDS TO IMPOSE A FINE IMMEDIATELY UPON THE FINDING OF GUILTY. AND NOT GUILTY. AND NOT ALLOWING MORE TINE TO CORRECT THE VIOLATION BEFORE A FINE CAN BE IMPOSED ON THE VIOLATOR. WHEREAS. The Legislature enacted Florida State Statute 162 with the intent to alleviate the burden of the Courts. and WHEREAS. Florida State Statute 162 authorizes counties and municipalities to establish Code Enforcement Boards and Special Masters to enforce their code and ordinances and levy a fine. if any. after the finding of guilty. only after reasonable time is allowed to correct the violation; and WHEREAS. the Code Inspector or Code Officer has already • given the violator reasonable time to correct the violation before he requests a hearing before the Code Enforcement Board; and WHEREAS. the intent of the codes and ordinances is to benefit and protect the health. h:~lfare and safety of the citizens. and allowing a violator to comply once guilty finding is rendered is not in the best interest of the public; and i~HEREAS. the Legislature enacted Florida State Statute 162 to unburden the workload of the Courts; subsequently. the 1989-90 legislature passed a supplement (Part II) of Florida State Statute 162.21. thus allowing for a~citation system which is answerable to the County Court. hence; the Courts are again burd•,ned and the original intent of Florida State Statute 162 is defeated. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PAHOKEE. FLORIDA TO WIT: Section 1. That the City Commission of the City of Pahokee Florida calls upon the League of Cities to yo forward and propose that the following deletions and additions be made in Florida State Statute 162: A. Delete from the penalty clause the language allowing a reasonable time to comply once a guilty verdict is rendered. and replace it with the language that will allow the Code Enforcement Board to immediately impose the fine (if any is warranted) once the respondent is adjudicated guilty. • B. Empower the Code Enforce-ment Board to .process the non-criminal citations and accep_t_' fines from violators not wishing to contest the allegations. and to hear the cases of those denying the allegations. thus freeing the Courts to handle more serious violations. Section 2. That the consensus of the City Commissioners is that the Code Enforcement Board is a quasi-judicial body . empowered to impose non-criminal penalties for violations not dealing with the citation system. and the Commission strongly urges that the Legislature enact the changes during the 1990-91 session which will allora the Code Enforcement Board to accept citations instead of the County Court. Any appeal can be registered with the Circuit Court as now spelled out in Florida State Statute 162. RESOLUTION 91-3 PAGE TWO Section 3. 'Pl,at a copy of this resolution be forward~,d to the Legislative Delegation, the Palm Beach County Commission, all the cities within Palm Beach County, and the League of Cities lobby group, and respectfully ask each governing body. to adopt similar resolutions and express their views to the 1990-91 Legislature. PASSED AND ADOP`I~D by the City Commission ~f Pahokee, Florida, this /S ~'~' day of ~. 1991. CGti az... "°/ VICE 1fAYOR . CITY SEAL ATTESTED: CITY LERK • APPROVED AS TO LEGAL SUFFICIENCY MICHAEL H. STAUDER, CITY ATTORNEY MAYOR WILKINSON ~~~~~' VICE MAYOR HORTA - Y,v~ COMMISSIONER NORMAN Yrs~'"'~"~ COMMISSIONER SINGLETARY ~/~ s COMMISSIONER WALKER tIP~