1990.12.19_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH
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CODE ENFORCEMENT BOARD
REGULAR MEETING - MINUTES
Wednesday, December 19, 1990 10:00 A.M.
Chairman Pamela J. Perona called the Regular Meeting to order in Com-
mission Chambers at 10:00 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 R. Blum was absent.
Also present were Town Attorney Kenneth E. Zeilberger, Building Offi-
cial/Code Enforcement Officer Harry Heithaus and members of the general
public.
Upon MOTION by Mr. Pearlstein/Mr. Leng, the minutes of the Workshop and
Regular Meetings of November 21, 1990 were approved with unanimous
vote.
OLD BUSINESS
• Citation 2303. Frances Visco for property at 3511 S. Ocean Blvd., Lot
86E. Section 28-1/2-33. Destruction of Dune Vegetation.
Attorney Zeilberger repeated for the record that the Appellate Division
of the Circuit Court had confirmed the Board's action/order regarding
Citation 2303 (Frances Visco, 3511 S. Ocean Blvd., Lot 86E) by finding
in the Town's favor in a suit filed against the Town by Mrs. Visco.
Regarding Attorney Zeilberger's recommendation that the property be in-
spected in the near future to determine if it was in compliance
(nothing on dune to prevent or destroy vegetation), Mr. Heithaus said
he would inspect this date and take photographs if necessary. He added
that if he found the property to be in non-compliance, Mrs. Visco's
attorney would be notified either by a phone call or an informal
written communication, as recommended by Attorney Zeilberger.
After brief discussion, a MOTION was made by Mr. Boepple/Mr. Hadeed as
follows:
That the Code Enforcement Officer investigate to ensure
Mrs. Visco (3511 S. Ocean Blvd., Lot 86E) is in compliance
and the procedure as recommended by the Town Attorney, i.e.,
contacting her attorney if she is not in compliance, be fol-
lowed.
Code Enforcement Board
Regular Meeting - Minutes
• December 19, 1990 Page 2 of 3
NEW 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.
A brief discussion took place to summarize events regarding this Cita-
tion. It was noted that the Citation was undeliverable, either by mail
or in person; the property was not occupied; and on November 21, 1998 a
true copy of the Citation was posted on the property, as per Town Code,
by a Police Officer.
A MOTION was then made by Mr. Hadeed/Mr. Boepple, as follows:
The Board finds that this Citation, having been properly
pasted, has been ignored and the owner is in non-compliance
of Town Code. Therefore, the Board orders that the Town do
whatever is necessary to bring this property into compliance;
all expenses in this regard shall become a lien on the property.
The Motion met with unanimous favorable vote.
OTHER BUSINESS
• Myron Browner, a resident of Braemer Isle, Unit 102, re-addressed the
members regarding Citation 2319 A&B [Chapter 30, Section 5.2(d)(1)],
i.e., non-commercial docks, etc., after having appeared before the
Board at its November 21 meeting regarding this same issue. Paul
Gladston of the Boca Hi Center Association also appealed to the Board.
Both were concerned with a boat parked in a slip in front of Mr.
Browner's residence, advising that neither the owner of the boat, nor
the owner of the dock itself, were residents of Highland Beach and it
was their interpretation that this situation violated Town code.
During the course of discussion it was reiterated by the Chairman, the
members and the Town Attorney that the Board had already made a
decision on this matter. It was also disclosed by Mr. Gladston that
Boca Hi's attorney, Daniel Rosenbaum, was dealing with the Town's
attorney, Thomas E. Sliney, regarding this case. In light of this
information as well as the complexity of the situation and the fact
that he was in doubt that proper procedure was being followed by
Messrs. Browner and Gladston since the Board had previously issued an
Order in this case, Attorney Zeilberger advised that any further
discussion should be deferred until he had an opportunity to obtain in-
formation from both Attorneys Rosenbaum and Sliney.
Chairman Perona then announced the next meeting date to be Wednesday,
January 16, 1991.
Code Enforcement Board
Regular Meeting - Minutes
December 19, 1990 Page 3 of 3
Upon MOTION by Mr. BoeppleJMr. I,eng, the meeting was adjourned at
10:35 A.M. with unanimous vote.
APPROVE: f
Famela J. Pero a, Chairman
r P. ,I~adeed, Vice Chairman
~~
war J. Pear,stein
e F. Boep
ATTEST:
DATE:
dmt
Horace Leng
,r ~'C,-E~ ~ 1~
Merton Rubin
TOWN OF HIGHLAND BEACH
CODE ENFORCEMENT BOARD
• WORKSHOP MEETING - MINUTES
Wednesday, December 19, 1990 9:45 A M
Chairman Pamela J. Perona called the Workshop Meeting to order in Com-
mission Chambers at 9:45 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. Regu-
lar Member Lowell R. Blum was absent.
Also present were Town Attorney Kenneth E. Zeilberger, Building Offi-
cial/Code Enforcement Officer Harry Heithaus and members of the general
public.
OLD BUSINESS
Citation 2303. Frances Visco for property at 3511 S. Ocean Blvd., Lot
86E. Section 28-1/2-33. Destruction of Dune Vegetation.
Attorney Zeilberger gave the members a copy of a Mandate received from
• the Circuit Court regarding Mrs. Visco's unsuccessful suit against the
Town and informed them that the Mandate in effect indicates the case is
closed. He added that this favorable decision for the Town reaffirms
the powers of the Code Enforcement Board, which had followed all the
rules and showed no prejudice to Mrs. Visco.
To ensure the property is in compliance with Code at this time, Attor-
ney Zeilberger suggested the Board request Mr. Heithaus to make an in-
spection in the very near future, taking photographs if necessary. He
added that if Mr. Heithaus finds a repeated violation, then a call or
informal note to Mrs. Visco's attorney would be in order.
NEW 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.
Asked to address the Board regarding this Citation, Mr. Heithaus said
that per Town Code same was properly posted by a Police Officer on the
property on November 21, 1990. This was necessary, he said, because
previous efforts to locate the owner were unsuccessful. He added that
the property was still in non-compliance and there was still no way to
contact the owner. His suggestion was to bring the property into
compliance and place a lien on same for all expenses incurred in this
regard.
• At 9:57 P.M., with no objection, Chairman Perona adjourned the Workshop
Meeting.
. { ~
a
' Code Enforcement Board
',Workshop Meeting - Minutes
• December 19, 199P! Page 2 of 2
APPROVE:
ATTEST:
DATE:
dmt
Pamela J. Perona, hairman
y
Victor P,~ Ha ed, Vice C irman