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1989.09.20_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH • CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES Wednesday, September 20, 1989 10:80 A.M. This Regular Meeting of the Code Enforcement Board was called to order by Chairman William E. Paul at 10:00 A.M. in Commission Chambers at Town Hall. Deputy Town Clerk Doris Trinley called the Roll. Present were Chair- man Paul, Edward Pearlstein, Lowell Blum and Horace Leng. Vice Chair- man Pamela Perona, Theodore Boepple and Joseph Sieff were absent. Also present were Town Manager Mary Ann Mariano, Town Attorney David Friedman, Building Official/Code Enforcement Officer Harry Heithaus and members of the general public. OLD BUSINESS: CITATION N0. 2288 - James Barry - No record of permit on file for gazebo - 4015 S. Ocean Blvd. - Town Code., Section 8.1 After some discussion, a MOTION was made by Mr. Pearlstein/Mr. Blum to • grant another 60-day extension in view of the fact that there is on- going correspondence from DNR and they have not denied Mr. Barry's request for permit as of this date. This MOTION carried unanimously with a roll call vote. CITATION NO. 2290 - Robert Ressler - No record of permit on file for. wood deck - 4011 S. Ocean Blvd. --Town Code, Section 8.1 Mr. Pearlstein asked Mr. Heithaus if it had been established that Dr. Ressler had applied to the DNR for permit. Mr. Heithaus replied that although there was no recent correspondence from DNR on this case, per- mit had been applied for. After some discussion, and a consideration that the Board's action would be contingent upon DNR action, it was the CONSENSUS of the members that their original order would stand. NEW BUSINESS: CITATION N0. 2297 - Edward & Marianne DeJoseph - No record of permit on file for replacement of air conditioning units - 1121 Bel Air Dr. - Town Code, section 8.1 After being sworn in, Mr. DeJoseph gave the members a detailed account of how he came to be in violation of code. His summary included an ac- count of two contractors working to replace the eight (8) air condit- tioning units in question, neither of whom had applied for permits from the Town. Discussion ensued regarding the circumstances of this case, Code Enforcement Board Regular Meeting - Minutes • September 2~, 1989 Page 2 of 4 with Mr. DeJoseph stating that he had a third contractor who was will- ing to do this job. Building Official Heithaus explained that at this time quadruple permit fees would apply and Mr. DeJoseph asked the mem- bers if they might waive the quadruple fee and allow him to pay normal permit fee. Chairman Paul conferred with Town Attorney Friedman, ask- ing if it was within the Board's purview to accommodate Mr. DeJoseph's request. Attorney Friedman responded by explaining that if the work already done was removed, then a violation would no longer exist and a new permit could be applied for. Town Manager Mary Ann Mariano also addressed this approach, saying that if the unauthorized work were to be removed, then the violation would be alleviated; however, if the third contractor was just going to repair previously installed non- permitted work and then proceed to finish the job, then quadruple fees would apply to previous work. After further discussion, a MOTION was made by Mr. Pearlstein/Mr. Leng to allow two (2) weeks for Edward and Marianne DeJoseph to come into compliance with Town Code, Chapter 30, Section 8.1 by (1) obtaining a permit from the Building Department that would authorize work already done or (2) remove the work. All members voted AYE. CITATION N0. 2298 - Harold Chambers - No record of permit on file for satellite dish - 2524 S. Ocean Blvd. - Town Code, Sections 8.1 and 9- . 12.1 As Mr. Chambers' representative, Ms. Jan Bennett addressed the Board, stating that she had a proposal for the satellite dish to present to the members. Chairman Paul explained that this Board was not the pro- per one to accept such proposal. Town Manager Mariano then explained that Mr. Chambers was to present plans for the Town Commission's re- view and appear at their August 29, 1989 Workshop Meeting for discus- sion of same. However, when no plans were forthcoming, Mr. Chambers was deleted from the August 29 Agenda and a Citation was issued. Further discussion ensued, during which Mrs. Mariano pointed out that this dish was the highest one in Town and, therefore, its height would seem to present a problem regarding screening. Attorney Friedman ques- tioned whether the dish would pose an imminent danger, particularly at this time when a hurricane was located off our coast. At this time Mr. Chambers arrived at the meeting, was sworn in, and proceeded to recount events leading to the Citation. Among issues dis- cussed with the members were (1) Plans submitted to Building Department. Mr. Heithaus replied that these were not requisite sealed engineering plans, which are to include velocity reports. • Code Enforcement Board Regular Meeting - Minutes • September 20~, 1989 Page 3 of 4 (2) Imminent danger of dish as a "missile" during , hurricane conditions. Mr. Chambers said he would voluntarily remove dish under hurricane warning con- ditions. Mrs. Mariano noted that this would be un- acceptable as the Town's procedures go into effect at hurricane watch. Mr. Leng also noted that while weather was a factor to be considered, this Board's main consideration should be confined to the fact that Mr. Chambers was in violation of Town Code. Mr. Blum offered that while Mr. Chambers expressed his belief that the dish would not be a threat during storm con- ditions, this was not fact, but only an opinion on Mr. Chambers' part. (3) Information presented to Attorney Friedman regarding a court case involving a satellite dish and the FCC. Mr. Friedman reviewed same and stated that the informa- tion did not apply in Mr. Chambers'case. After lengthy discussion, a MOTION was made by Mr. Pearlstein/Mr. Blum that based on the evidence presented, Harold Chambers is in violation of Chapter 3~J, Section 8.1 and Chapter 9, Section 9-12.1 by not having obtained a permit to erect a satellite dish at 2524 S. Ocean Blvd., • Highland Beach, FL and not having obtained necessary Town Commission, Planning Board and Community Appearance Board approvals to erect same. Accordingly, Mr. Chambers is ordered to remove the satellite dish from the post it is attached to by Wednesday, September 27, 1989, 5:(d(~ PM. The Board also recognizes that Mr. Chambers will not have to remove the post while going through the approval process. However, if approvals for the dish are not granted, the Mr. Chambers will also be required to remove the post that the dish is now attached to. This order is without prejudice to Mr. Chambers re-installing the dish at such time as the requisite approvals are obtained. A roll call vote was taken, with all members voting AYE. Chairman Paul then noted that the next meeting of the Code Enforcement Board would take place on Wednesday, October 18, 1989, with the Work- shop starting at 9:3f~ AM and the Regular Meeting starting immediately thereafter. There being no further business to came before the Board and upon MOTION by Mr. Pearlstein/Mr. Leng, this meeting was properly adjourned at 11:25 AM. APPROVE: William E. Paul, Chairman -ABSENT - • Pamela Perona, Vice Chairman .r. Code Enforcement Board Regular Meeting - Minutes September 20, 1989 Page 4 of 4 ATTE ~-- l>~~ii DATE: ~~ ~~~ -ABSENT- Theod oepple Edward ~Pearlstein Lowel Blum -ABSENT- Joseph Sieff Horace eng ~~