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Home My WebLink AboutMinutes_Miscellaneous_01/07/1992_Code Enforcement Board > . ( ' r . , � VILLAGE OF TEQUESTA ' ;.:, BUILDING DEPARTMENT �' Post Office Box 3273 • 357 Tequesta Drive � Tequesta, Florida 33469-0273 • (407) 575-6220 � FAX: (407) 575-5203 V I L L A G E O F T E Q U E S T A C O D E E N F O R C E M E N T B O A R D M E E T I N G M I N U T E S J A N U A R Y 7, 1 9 9 2 I. The Code Enforcement Board of the Village of Tequesta held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, January 7, 1992. The meeting was called to order at 7:30 P.M. by Chairman William Frank. A roll call was taken by the Recording Secretary, Fran Bitters. Boardmembers present were: Chairman William Frank, Vice Chairman Paul Brienza, William Treacy, Gordon Ritter and Mitch Miller. Tim Goldsbury arrived at 7:35 p.m. Also in attendance were: Scott Ladd, Clerk of the Board, Steve Kennedy, Code Enforcement Officer and J.A. Jurgens, Esquire, filling in for John C. Randolph, Village Attorney. II. APPROVAL OF AGENDA The Agenda was ap�roved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES Boardmember Treacy moved that the Code Enforcement Board Meeting Minutes of November 19, 1991 be approved as submitted. Vice Chairman Brienza seconded that motion. The vote on the motion was: William Frank - for Paul Brienza - for William Treacy - for Gordon Ritter - for Mitch Miller - for the motion was therefore passed and adopted. Tim Goldsbury arrived at 7:35 p.m. Code Enforcement Board Meeting Minutes January 7, 1992 Page 2 ------------------------------- IV. CODE ENFORCEMENT BOARD RE-ORGANIZATION A) Appointment of Chairman Boardmember Treacy moved to nominate William Frank to serve another term as Chairman of the Code Enforcement Board. Boardmember Miller seconded that motion. The vote on the motion was: William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for Gordon Ritter - for Mitch Miller - for the motion was therefore passed and adopted and William Frank was elected as Chairman. B) Appointment of Vice-Chairman Boardmember Ritter moved to nominate Paul Brienza to serve another term as Vice-Chairman of the Code Enforcement Board. Boardmember Treacy seconded that motion. The vote on the motion was: William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for Gordon Ritter - for Mitch Miller - for the motion was therefore passed and adopted and Paul Brienza was elected as Vice-Chairman. Code Enforcement Board Meeting Minutes January 7, 1992 Page 3 ------------------------------- C) Appointment of Clerk of the Board Boardmember Treacy moved to nominate Scott Ladd to serve another term as Clerk of the Code Enforcement Board. Vice Chairman Brienza seconded that motion. The vote on the motion was: William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for Gordon Ritter - for Mitch Miller - for the motion was therefore passed and adopted and Scott D. Ladd was re-appointed as Clerk of the Board. V. SWEARING IN OF CODE ENFORCEMENT OFFICER Scott Ladd, Clerk of the Board, swore in Code Enforcement Officer, Steve Kennedy. VI. PUBLIC HEARING 1) Case No. 92-01: Travelers Insurance, c/o Mr. David Siegel, J.J. Gumberg Co., 105-185 U.S. Highway One, North, Tequesta. Violation of Appendix A, Zoning, section x(M)(1)(c), pursuant to section Xx (B)(i), Village Code of Ordinances. The Code Enforcement Officer (CEO) explained that this is a violation of the approved Site Plan in that the required landscaping has not been maintained and has deteriorated. The property owners have applied to the Village of Tequesta Community Appearance Board to submit a new landscape plan. Though there is no letter of confirmation from the property owners to the Village, efforts are being made by the property owners to comply. That being the case, the CEO recommended that the Board dismiss this case, without prejudice, and that the Board retain jurisdiction to revisit this case if compliance is not met. Code Enforcement Board Meeting Minutes January 7, 1992 Page 4 ------------------------------- Boardmember Goldsbury moved to dismiss Case No. 92-01, without prejudice, and that the Board retain jurisdiction to revisit this case if compliance is not met. Vice Chairman Brienza seconded the motion. The vote on the motion was: William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for Gordon Ritter - for Mitch Miller - for the motion was therefore passed and adopted. VII. PRESENTATION OF NEW CASES TO SET FOR HEARING There were no new cases to be set for hearing. VIII. UNFINISHED BU5INESS Case No. 91-05 and 91-08: W.A. & Hattie I, Siegel, 498 Dover Road, Tequesta. Consideration to Authorize the Villaqe Attorney to Foreclose on Liens. Attorney Jurgens explained to the Board that they had five options in making their decision: 1. Entertain a motion to recommend that the Village Attorney foreclose and execute the lien currently on the property, and for the Board to recommend to the Village Council to seek court relief through mandatory injunction to address the on-going violation; 2. Pursue the lien option only; 3. Not pursue the lien, but pursue Circuit Court action to bring the property up to Code; 4. Do nothing. Defer; or Code Enforcement Board Meeting Minutes January 7, 1992 Page 5 ------------------------------- 5. Entertain a motion to defer for one month, recommending that the Village Attorney write to the property owners informing them they have until the next Code Enforcement Board Meeting to either satisfy the lien problem and address what has to be corrected to meet compliance, or the Village will execute on the lien and take appropriate court action. The CEO explained that much correspondence has already taken place between the Village and the property owners. The property owners contend that due process of law has not been satisfied and that they are nat in violation of Village Codes. Boardmember Treacy moved that the Board recommend that the Village Attorney foreclose and execute the lien currently on the property, and that the Board to recommend to the Village Council to seek court relief through mandatory injunction to address the on-going violation. There was no second. Boardmember Ritter asked how foreclosure and execution of a lien is handled. Attorney Jurgens explained that the Village would get a Judgment against the property giving the Village the ability to foreclose. Sometimes by filing foreclosure and pursing a lien that is accruing on a property, property owners will have a change of mind and address the problem, at which time settlement out of court may be possible. In this case, in order for the Village to collect the fine which has _ accrued, it is necessary to go to court and get an Order to collect those monies. The Order will also award attorneys fees and court costs which will also be paid by the alleged violator. The other matter to be seriously considered is the recommendation to the Village Council that they entertain the idea of going for Circuit Caurt injunctive relief. Code Enforcement Board Meetinq Minutes January 7, 1992 Page 6 ------------------------------- Boardmember Ritter moved that the Board recommend that the Village Attorney pursue the fareclosure action to attempt to collect on the lien and that the Board also recommend that the Village Council consider appropriate court action to attempt to bring the property into compliance with Village Codes. Vice Chairman Brienza seconded the motion. The vote on the motion was: William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for Gordon Ritter - for Mitch Miller - for the motion was therefore passed and adopted. IX. ANY OTHER MATTERS There were no other matters before the Board. �.',_ Code Enforcement Board Meetinq Minutes January 7, 1992 Paqe 7 ------------------------------- X. ADJOURNMENT Boardmember Treacy moved that the meeting be adjourned. Boardmember Goldsbury seconded the motion. The vote on the motion was: William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for Gordon Ritter - for Mitch Miller - for the motion was therefore passed and adopted and the meeting was adjourned at 7:50 P.M. Respectfully submitted, ' �\�� Fran Bitters Recording Secretary ATTEST: �� f�/� Scott D. Ladd Clerk of the Baard DATE APPROVED: �' % �`'��: