Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 5D_2/8/1990 y ) • VILLAGE OF TEQUESTA . .• ' f Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 _ ` . FAX: (407)575-6203 VILLAGE O F TEQUESTA CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 1 6 , 1 9 9 0 I . The Tequesta Village Code Enforcement Board held a meeting at the Village Hall , 357 Tequesta Drive , Tequesta, Florida, on Tuesday , January 16 , 1990 . The meeting was called to order at 7 : 45 P.M. by William Sharpless . Board members present were : William Frank , Dr . Charles Foelsch , —Paul - Brienza, William Sharpless , William Treacy, Timothy Goldsbury and Gordon Ritter. Clerk of the Board , Scott D. Ladd , and Code.--Enforcement- Officer, St-eve Kennedy. Also in attendance was _Tim Monaghan, Esq. , sitting in for Village Attorney, John C. Randolph , Esquire . Attorney Monaghan explained _ to the Board the proper Boarri procedures for nominations and election of officers to the Board , and guided them through the order of the meeting . Mr . Sharpless nominated Bill Frank as Chairman of the Code Enforcement Board . Gordon Ritter seconded that motion . The vote was : Dr . Charles Foelsch , Jr . - for Tim Goldsbury - for William Sharpless - for William F. Treacy - for Gordon Ritter - for Paul Brienza - for the motion therefore passed and was adopted . Bill Frank was elected as Chairman of the Code Enforcement Board . Tim Goldsbury nominated Paul Brienza as Vice-Chairman of the Code Enforcement Board . Bill Sharpless seconded that motion . The vote was : Dr . Charles Foelsch , Jr. - for Tim Goldsbury - for William Sharpless - for William F. Treacy - - for Gordon Ritter - for William S . Frank -- - - =- —Tor: _ ._ - -- - _ ,_. .._. the motion therefore passed and was adopted. Paul Brienza was elected as Vice-Chairman of the Code Enforcement Board. Code Enforcement Board Meeting Minutes • January 16 , 1990 • Page 2 • II . APPROVAL OF PREVIOUS MEETING MINUTES A ) Code Enforcement Board Meeting Minutes of November 2 , 1989 . Mr . Treacy moved to approve the above-referenced Minutes as submitted. Mr . Brienza seconded that motion . The vote was : Dr. Charles Foelsch , Jr . - for Tim Goldsbury - • for William Sharpless - for William F . Treacy - - __ for-_ Gordon Ritter - for Paul _Brienza-. - for • William S ._-_Frank -- - or• - - the motion therefore- passed and was adopted and the Minutes were approved as submitted III . SWEARING IN OF DEFENDANTS , WITNESSES AND OTHERS There were no cases before the Board . The Clerk of the . Board and Attorney ".-:naghan explained this procedure to the Board . Attorney `lonarhan suggested the Code Enforcement. Officer be sworn in first , then swear in each person pertinent to each case as the case comes up on the Agenda . It is sufficient to swear in the Code Enforcement Officer only once during the entire meeting . It is impor-ant that any violat' r be given the opportunity to question the Code Enforcement Officer , any witnesses , and to make . their Own presentation . The Code Enforcement Boardmembers in turn have the opportunity to question all parties involved . Attorney Monaghan stated he would write out the procedure for the Board so they might have something before • them to follow. 'He explained it was not a rigid format and was designed to be carried out by lay people . IV. UNFINISHED BUSINESS -_ - - - A) Organization: .. o.f Board: Appointment of Chairman and Vice- Chairman._ •Elections took place under Item I . - 1 Code Enforcement Board Meeting Minutes January 16 , 1990 Page 3 V. PUBLIC HEARINGS There were no hearings for this Agenda . Attorney Monaghan explained the procedure in setting cases for hearings . The Code Enforcement Officer will cite the violation and set the date for approval by the Board . It is important that the Board not get into • the merits of the case when the violator is not in attendance . VI . PRESENTATION OF NEWCASES TO SET -FOR HEARINGS A ) Case - No .-- 90-001f Bobby Rubino • D/BJA Jupiter ' s Place for Ribs , 243 U . S . Highway One , South . Violation of Ordinance 201 , Section 11-25 of the Village of Tequesta Code of Ordinances , engagin5 in business without the required occupational license . This hearing was scheduled for February 6 , 1990 , at 7 : 30 p . m . B ) Case No. 90-002 : Pantli.n & Associates D/B/A County Line Plaza, 500 U . S . Highway One, North Violation of Ordinance 361 , Sectio;. III of the Village of Tequesta Code of Ordinances , failure to comply with approved site plan and Village Ordinance requiring screening of all dumpsters . • This hearing was scheduled for February 6 , 1990 , at 7 : 30 p . m . VII . OLD BUSINESS A) None . VIII . ANY OTHER MATTERS - -- Mr . Sharpless asked if the Board could ask questions at- any time_.or _ if all __questions must be handled formally--through_-the Chairman`-of _ the Board.- . Attorney Monaghan--explained_ the procedure should be whatever the Chairman is comfortable with. - As the Board , they 'have the right, under the law, to set their own procedures . It is easier to start with a formal procedure by going through the Chair, • then relaxing the procedure from that point forward. Code Enforcement Board Meeting Minutes January 16 , 1990 • Page 4 Chairman Frank asked if it would be necessary for Board members to check on the violation site before each hearing so that the Board might be more abreast of the subject matter . Attorney Monaghan, answered he did not encourage that . The Clerk of the Board explained that video equipment is available so that the site might be videoed and presented to the Board to eliminate the need for • their personal visits to the site . If the Board visited the violation site , it might present a compromising situation if dialogue was exchanged before the case came to hearing. Anything that comes to hearing will have already been -the full route of- trying to bring . violators into compliance . Hearings will be 'for those who refuse to come into compliance . Attorney Monaghan informed the Board that 95% of violations do come into compliance prior to hearing . It was his suggestion that the Board should first of all determine whether a violation haE-- occurred , regardless of whether or not compliance has beer, achieved . This puts the Board in a better position , should the violation be repeated . If the Board is concerned tha' a repeat violation might occur , they can establish for the rerrrd that violation has occurred and enter an Order that the violation not be repeated . The Board can even specify in that Order what the fine would he if the violation is repeated . If compliance is achieved , the Board has a second decision as to whether or not a penalty should be imposed . The Code Enforcement Officer would present the whole scenario as well as a suggested fine to the Board . The Board would then make a decision through a motion . It is important that. like offenses receive like penalties . This helps t:7 achievf- patterns of consistency . • Bill .Tr-eacy---asked-,----.re-garding new construction- and/or renovation sites , how often a Code Enforcement Officer inspects the site . The • Clerk of the Board answered there is a schedule of inspections , • depending upon the permit . Attorney Monaghan informed the Board they would not be hearing cases regarding permits . The typical code enforcement case involves improved property that ' s up and running. The Clerk of the Board explained that Chapter 6 , Buildings and Building Regulations , are under Code Enforcement Board' purview. Failure to obtain permits could come before the Board, but _=only Till remedy could not be obtained through normal enforcement--•-.-means--. - --Attorney _Monaghan suggested the Board review sections of the codes which are under their purview and pointed out that Section AT of the ordinances has a list of codes under the Board ' s purview. Code Enforcement Board Meeting Minutes January 16 , 1990 Page 5 IX . ADJOURNMENT There being no other matters before the Board, the meeting was adjourned at 8 : 35 P.M. Respectfully submitted , /l�k% Fran Bitters Recording Secretary ATTEST : Val— Scott D. Ladd Clerk of the Board DATE APPROVED: