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1989.10.18_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH • CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES Wednesday, October 18, 1989 9:45 A.M. Vice Chairman Pamela J. Perona called this Regular Meeting of the Code Enforcement Board to order at 9:45 A.M. in Commission Chambers at Town Hall. Deputy Town Clerk Doris Trinley called the roll. Present were Vice Chairman Perona, Edward J. Pearlstein, Lowell R. Blum, Theodore F. Boepple and Horace Leng. Chairman William E. Paul and Joseph W. Sieff were absent. Also present were Town Manager Mary Ann Mariano, Building Official Harry Heithaus, Town Attorney David Friedman and members of the general public. The minutes of the September 20, 1989 Workshop and Regular Meetings were approved upon MOTION by Mr. Pearlstein/Mr. Leng, which MOTION carried unanimously. OLD BUSINESS: CITATIONS 2298 AND 2298-1. HAROLD CHAMBERS, 2524 S. OCEAN BLVD., LOT 126. TOWN CODE, SECTIONS 8.1 AND 9-12.1. SATELLITE DISH TO BE RE- MOVED FROM POLE. APPROVALS AND PERMIT REQUIRED. Building Official Harry Heithaus was sworn in and related to the Board that Mr. Chambers was still in violation of Code, as the satellite dish has not been removed as per Board Order. Attorney Doak Campbell, representing Harold Chambers, addressed the Board, asking the Board's indulgence on behalf of his client. Mr. Campbell stated that while there may have been some confusion on Mr. Chambers' part as to the proper process to gain necessary approvals and permit, it would be a great hardship to him to have to remove the dish as he goes through the approval process. Mr. Campbell then referred to what he considered Mr. Chambers' unique situation, which had to do with his involvement in a research project, which, according to Mr. Campbell, could have national implications regarding programming through satellite communications. As to the location of the dish, Mr. Campbell stated it had to be located where it was on the property in order to receive all communications without interference from struc- tures or trees. Attorney Campbell then asked .that Attorney Ron Bushbaum approach the Board. Mr. Bushbaum stated that Mr. Chambers, while having concern with safety and aesthetics, would be put under hardship if he had to remove the dish while going through the approval process. If the Board chose to impose a fine, Mr. Bushbaum continued, Mr. Chambers might possibly be forced into taking legal action to protect himself. Code Enforcement Board Regular Meeting - Minutes October 18, 1989 Page 2 of 5 At this point, Attorney Friedman and Attorney Bushbaum discussed the legal aspects of this remark, which included the Citation being record- ed as a matter of Public Record, possible lien against property and the fact that if the Board chose to impose a fine, but with a stay of exe- cution, then if approvals and permit were obtained, the Citations and all attendant action by the Board would be moot. Mr. Chambers was then sworn in and explained the physical installation of the dish, including a pole sunk in concrete and a bracket and guy wires attached to the house. He reiterated his desire to proceed with the approval process so he could come into compliance and requested that the members not consider a fine in this case. Mr. Pearlstein asked Mr. Chambers why it would be such a hardship to remove the dish from the pole at this time, when at a previous meeting Mr. Chambers had stated that the dish could be removed quickly and with little difficulty should a hurricane watch be put into effect. Mr. Chambers replied that under hurricane conditions he would not be con- cerned with the "survival" of the dish, but rather for safety. In the circumstances now before the Board, he continued, his concern was for the expense to remove the dish and also the expense to realign it if and when approvals are received. • At this time Mary Ann Mariano, Town Manager, was sworn in and recapped the events of this case for the Board. She also noted for the record that satellite dishes in the Town should be used for recreation only, and not for any business use. To a suggestion from Mr. Bushbaum that the Board might be treating Mr. Chambers' case differently than others, Building Official Harry Heit- haus explained that the cases Mr. Bushbaum alluded to had involvement with agencies outside Town jurisdiction, i.e., Department of Natural Resources, Department of Environmental Regulation, etc. Mr. Heithaus stated that this case has been totally processed under Town Code. Mr. Leng then returned to Mrs. Mariano's statement regarding the use of satellite dishes for recreation only and questioned the hardship noted in Attorney Campbell's opening remarks regarding a research project that Mr. Chambers is involved in. Mr. Chambers again took the floor to explain to the members that his firm sells software to colleges and universities throughout North America and that the research referred to had to do with an idea he recently had regarding "closed captioning." Further discussion ensued among the Board members and the Town Attorney wherein the action to be taken was considered. Referring to the length of time this case had gone on, Town Manager Mariano requested that the Board assign a date certain for compliance, so noted in the Motion, to ensure that this case would have closure. • Code Enforcement Board Regular Meeting - Minutes October 18, 1989 Page 3 of 5 The following MOTION by Mr. Pearlstein/Mr. Lenq was then made and car- ried unanimously with all AYE votes: The Board finds from the evidence presented that Harold Chambers has not complied with the Order of the Board dated 9/20/89, as amended to correct the typographical error by letter from the Chairman dated 9/27/89, and after consid- ering the gravity of the violation and that no action has been taken by Mr. Chambers to correct the violation, the Board finds that a fine of $100.00 per day, effective from 9/28/89 forward should be imposed, to run until such time as the Board's Order has been complied with or until such time as a building permit for the satellite dish has been obtained, whichever occurs first. The Board hereby grants a stay of execution of this fine until December 20, 1989 to allow Mr. Chambers an opportunity to pursue his application for a permit for the satellite dish with the Town. CITATION 2296. RALPH/THERESA BASSOLINO, 2540 S. OCEAN BLVD., LOT 124N, TOWN CODE, SEC. 8.1. ALL STRUCTURES OTHER THAN ORIGINALLY APPROVED • DOCK TO BE REMOVED. Building Official Harry Heithaus stated that he had received corres- pondence indicating that a permit had been applied for from the Depart- ment of Environmental Regulation. Therefore, it was the CONSENSUS of the members that no action be taken at this time. CITATION 2299. VINCENT BOLLING, 2575 S. OCEAN BLVD., APT. 405. TOWN CODE, SEC.. 8.1 AND STANDARD BUILDING CODE 604.8 (1) & (2). FIRE WALL TO BE REINSTALLED PER FIRE CODE. Mr. Heithaus advised that all necessary permits had been applied for and this party was now in compliance with Code. CITATION 2301. DAN O'DONOVAN, 3008A S. OCEAN BLVD.., STANDARD SWIMMING POOL CODE, SEC. 314. POOL AND EQUIPMENT MUST BE PROPERLY GROUNDED. Mrs. Dan O'Donovan was sworn in and told the Board that she had in her possession a letter from the electical contractor stating that the pool and equipment were now in proper order. Mrs. O'Donovan then gave the letter to the Building Official who, after checking the contractor's occupational license status, announced that the O'Donovan's were now in compliance with Code. • • Code Enforcement Board Regular Meeting - Minutes October 18, 1989 Page 4 of 5 CITATION 2303. FRANCES VISCO, 35.11 S. OCEAN BLVD., LOT 86. TOWN CODE, SEC. 28-1/2-33. DESTRUCTION OF DUNE VEGETATION. The Building Official was sworn in again, summarized events that had led to the violation and stated that upon his recent inspection of the site, Mrs. Visco was still in violation of Code. Representing Mrs. Visco, Attorney Charles Powers addressed the Board on her behalf. "Destruction of Dune" in this case had to do with a table and four or five chairs placed on the dune east of the CCCL, and Mr. Powers contended that this was not specifically spelled out in the Citation. Therefore, he contended, it would seem that Mrs. Visco had complied with Code. Attorney David Friedman pointed out that the original Notice of Violation read "...Remove all debris, rubbish, trash, etc." and "etc." in this case could include items such as the table and chairs. Mrs. Visco was sworn in and answered questions posed by her attorney, as well as the members. During this time photographs of the dune which had been taken at various intervals were presented to the Board, some showing the furniture in position east of the CCCL. Upon questioning, • Mrs. Visco told the members that she had never planted any vegetation; what was on the dune was the result of a natural growing process. Mr. Powers then questioned Mr. Heithaus extensively and the Building Official answered all inquiries, acknowledging that at one point he had inspected the site and told Mrs. Visco that except for removal of the furniture from the dune, the site was in compliance. Mr. Heithaus add- ed that in accordance with Town Code 28-1/2-33, nothing should be placed on dunes that would prevent or destroy vegetation. After some additional discussion, the following MOTION was made by Mr. Boepple/Mr. Pearlstein. The MOTION carried unanimously. The Board finds that Mrs. Frances Visco is in violation of Code, Secton 28-1/2-33, as cited, and that the table and chairs be removed in order to have natural vegetation of dune resume growth. Mrs. Visco has until October 25, 1989, 5:00 P.M., to remove the table and chairs. The Board does not require Mrs. Visco to replace any vegetation. Vice Chairman Perona then announced that the next meetings would be held on November 15, 1989: Workshop at 9:30 A.M. and Regular at 10:00 A.M. There being no further business to come before the Board, and upon • MOTION by Mr. Leng/Mr. Boepple, the meeting was adjourned at 12:15 P.M. • Code Enforcement Board Regular Meeting - Minutes October 18, 1989 Page 5 of 5 APPROVE: - ABSENT - William E. Paul, Cha man PameJ,.3)_,~} Perot3'a, Vice Chairman J. A~earlste • Theodore F. Boepple ~~ Low R. B1~ Horace Leng - ABSENT - Joseph W. Sieff ATTES DAT DMT