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Home My WebLink AboutMinutes_Miscellaneous_10/06/1992 v VILLAGE OF TEQUESTA ' r., BUILDING DEPAI�TMENT � Post Office Box 3273 • 357 Tequesta Drive � Tequesta, Florida 33469-02?3 • (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 O C T O B E R 6, 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, October 6, 1992. The meeting was called to order at 7:30 P.M. by Acting Chairman William Sharpless. A roll call was taken by the Recording Secretary. Boardmembers present were: Acting Chairman William Sharpless, Gordon Ritter, Mi�ch Miller, and newly appointed Boardmember Michelle Delany Tumlin. Also in attendance were: Scott Ladd, Clerk of the Board, Steve Kennedy, Code Enforcement Officer, and Attorney Byron Cornwell sitting in for Village Attorney, John C. Randolph. Since the term of William Frank as Chairman of the Code Enforcement Board expired the end of September, 1992, and he did not desire to serve another term, and the Vice-Chairman was not in attendance, an Acting Chairman was appointed. Boardmember Miller moved to appoint William Sharpless as Acting Chairman of the October 6, 1992 meeting of the Code Enforcement Board. Boardmember Ritter seconded the motion. The vote on the motion was: Gordon Ritter - for William Sharpless - for Mitch Miller - for Michelle Delany Tumlin - for the motion was therefore passed and adopted appointing William Sharpless as Acting Chairman. II. APPROVAL OF AGENDA Boardmember Ritter moved that the A.genda be approved as submitted. Boardmember Miller seconded that motion. The vote on the motion was: Gordon Ritter - for William Sharpless - for Mitch Miller - for Michelle Delany Tumlin - for the motion was therefore passed and adopted and the Agenda was approved as submitted. Code Enforcement Board Meetinq Minutes October 6, 1992 Paqe 2 ------------------------------- III. APPROVAL OF PREVIOUS MEETING MINUTES (September 8, 1992) Boardmember Miller moved that the Code Enforcement Board Meeting Minutes of September 8, 1992 be approved as submitted. Boardmember Ritter seconded that motion. The vote on the motion was: Gordon Ritter - for William Sharpless - for Mitch Miller - for Michelle Delany Tumlin - for the motion was therefore passed and adopted. IV. SWEARING IN OF CODE ENFORCEMENT OFFICER Scott Ladd, Clerk of the Board, swore in Code Enforcement Officer (CEO), Steve Kennedy. V. PUBLIC HEARINGS 1. Case No. 92-17: Joseph Laduca, 50 Golfview Drive, Tequesta. Violation of Chapter 10, Article II, Health and Sanitation, Section 10-18(a), Village Code of ordinances. The Code Enforcement Officer (CEO) stated that this is a repeat violation, of not maintaining the yard of less than 12 inches in height. The case (92-14) was originally held July 8, 1992. It was the Order of the CEB at that time that compliance be achieved within seven (7) days of the receipt of Notice. If compliance was not met in seven days, a fine of $25.00/day would commence after the compliance period has expired and until compliance was achieved. Compliance was met within seven days. In early September the property once again was found in violation. A Notice of Repeat Violation was issued on September 8, 1992 of the same Code, received by the property owner on September 9. Two days were given to comply. Compliance was met 18 days later on or about September 29. A Notice of Hearing was hand delivered on September 24, but the property owner was not in attendance at tonight's Hearing. Code Enforcement Board Meetinq Minutes October 6, 1992 Paqe 3 ------------------------------- The CEO explained that since the property owner was made aware of the requirements, and was in violation for 18 days, it was his recommendation that the Code Enforcement Board find the property owner in violation for those 18 days with a fine of $25.00/day for each day of violation, totaling $450.00. As of today the property owner is in compliance. Attorney Cornwell explained to the Board that, under Florida Statute 162, with a repeat violation, a reasonable time to comply is not necessarily given, and a fine can begin running at that time, without a Hearing. The property owner, Joseph Laduca, arrived at 7:45 p.m. and was sworn in. Mr. Laduca agreed with the CEO regarding the violation, and explained that because of Hurricane Andrew he had been working at the South Florida Fairgrounds and for the Red Cross, and therefore was not able to take care of his yard. Boardmember Miller moved that Joseph Laduca be found in violation. Boardmember Ritter seconded the motion. The vote on the motion was: Gordon Ritter - for William Sharpless - for Mitch Miller - for Michelle Delany Tumlin - for the motion was therefore passed and adopted. The CEO reminded the Board that Mr. Laduca had been in violation previously in 1990 and 1991, complying only after the case had been set for Hearing. In July the length of violation was 41 days. Boardmember Miller moved that, since this is a repeat violation and a pattern has been shown, a fine of $225.00 be imposed. Boardmember Ritter seconded the motion. The vote on the motion was: Gordon Ritter - for William 3harpless - for Mitch Miller - for Michelle Delany Tumlin - for the motion was therefore passed and adopted. Code Enforcement Board Meetinq Minutes October 6, 1992 Page 4 ------------------------------- Acting Chairman Sharpless explained to Mr. Laduca the nature of the violation and explained to him the procedure for future violation. Mr. Laduca stated that he found the continued harassment by Tequesta Police not to be supportive as a member of the community. He stated he could point to numerous times, in other cases, when the police knocked on his door when he was guilty of nothing. He felt he was being discriminated against. He did not appreciate being pulled over by the Tequesta Police to be handed a Notice of Hearing and did not feel endeared to Tequesta. Attorney Cornwell informed Mr. Laduca that a State Statute states these letters can be served by law enforcement officers. VI. PRESENTATION OF NEW CA3E3 TO SET FOR HEARING 1. Case No. 92-18: Betty Bush, 374 Seabrook Road, Tequesta. Violation of Chapter l0, Article II, Health and Sanitation, Section 10-18(d), Villaqe Code of Ordinances. The CEO recommended that this case be dismissed because it has come into compliance, and that there has been no service on the violator. 2. Case No. 92-19: B.R. & Theresa A. Abbazia, 23 Leeward Circle, Tequesta. Violation of Chapter 10, Article II, Health and Sanitation, Section 10-18(d), Village Code of Ordinances. The CEO recommended that this case be dismissed because it has come into compliance. 3. Case No. 92-20: Robert Rimberly, 314 Fairway North, Tequesta. Violation of Chapter 11, Article Ii, Licenses, Section 11-25, Villaqe Code of Ordinances. The CEO recommended that this case be dismissed since there has been no service on the violator. Code Enforcement Board Meetinq Minutes October 6, 1992 Page 5 ------------------------------- 4. Case No. 92-21: Gustin L. & Winnie F. Bounaiuto, 24 Country Club Circle, Tequesta. Violation of Chapter 10, Article II, Health and Sanitation, Section 10-18(d), Villaqe Code of Ordinances. The CEO recommended that this case be dismissed since it has come into compliance. Boardmember Ritter moved to dismiss all of the above- referenced cases at the recommendation of the Code Enforcement Officer. Boardmember Miller seconded the motion. The vote on the motion was: Gordon Ritter - for William Sharpless - for Mitch Miller - for Michelle Delany Tumlin - for the motion was therefore passed and adopted. VII. UNFINISHED BUSINESS Scott Ladd advised the Board that, at their next meeting, they should consider appointing a Chairman, and suggested that since Paul Brienza is now serving as Vice Chairman, he be moved up to Chairman, and a new Vice Chairman appointed. Boardmember Miller asked for an update on the Siegel case. Attorney Cornwell informed the Board that the action for Temporary Injunctive Relief has been set for separate Hearing on the Court's Docket on a 24-hour basis. VIII. ANY OTHER MATTER3 There were no other matters before the Board. Code Enforcement Board Meeting Minutes OCtober 6, 1992 Paqe 6 ------------------------------- IX. ADJOURNMENT Boardmember Miller moved that the meeting be adjourned. Boardmember Tumlin seconded the motion. The vote on the motion was: Gordon Ritter - for William Sharpless - for Mitch Miller - for Michelle Delany Tumlin - for the motion was therefore passed and adopted and the meetinq was adjourned at 8:12 P.M. Respectfully submitted, �c Fran Bitters Recording Secretary ATTEST: �GO'�( fCJ. (/1 Q�Gv Scott D. Ladd Clerk of the Board DATE APPROVED: �n��v�Y v�, �993