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HomeMy WebLinkAboutMinutes_Miscellaneous_09/14/1993_Code Enforcement Board � . � � a � � .� VILLAGE OF TEQUESTA �J � ` BUILDING DEPARTMENT � e ,�° Post Office Box 3273 • 357 Tequesta Drive �'�k COUNty T�qUeSta, F{O�ida 33469-0273 •(40� 575-6220 FAX: (407) 575-6203 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 S E P T E M B E R 1 4, 1 9 9 3 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, September 14, 1993. The meeting was called to order at 7:30 P.M. by Chairman Paul Brienza. A roll call was taken by Fran Bitters, the Recording Secretary. Boardmembers present were: Chairman Paul Brienza, Tim Goldsbury, Michelle Delaney Tumlin and William Sharpless. Also in attendance were: Scott Ladd, Clerk of the Board, Steven Kennedy, Code Enforcement Officer, and Attorney Tim Monaghan sitting in for John C. Randolph, Village Attorney. II. APPROVAL OF AGENDA Boardmember Sharpless moved that the Agenda be approved as submitted. Boardmember Goldsbury seconded the motion. The vote on the motion was: Paul Brienza - for William Sharpless - for Tim Goldsbury - for Michelle Delaney-Tumlin - for the motion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES (August 3, 1993) Boardmember Goldsbury moved approve the Code Enforcement Board Meeting Minutes of August 3, 1993 as submitted. Boardmember Delaney-Tumlin seconded the motion. The vote on the motion was: Paul Brienza - for William Sharpless - for Tim Goldsbury - for Michelle Delaney-Tumlin - for the motion was therefore passed and adopted and the meeting Minutes were approved as submitted. Recycled Paper Code Enforcement Board Meetinq Minutes September 14, 1993 Paqe 2 ------------------------------- IV. SWEARING IN OF CODE ENFORCEMENT OFFICER Clerk of the Board, Scott Ladd, swore in the Code Enforcement Officer. V. PUBLIC HEARINGS 1. Case No. 93-07: Gerald J. & Greqory J. Maltese, 154 Chapel Lane, Tequesta. Violation of Chapter l0, Article II, Health and Sanitation, Section 10-18(e), villaqe Code of Ordinances. The Code Enforcement Officer (CEO) stated this is a continuation from the last CEB meeting date. The property, since that time, has come into compliance and the CEO recommended that the Board dismiss Case No. 93-07. The violation was a dead tree which needed to be removed, and has since been cut down and removed. Boardmember Delaney-Tumlin moved that Case No. 93-07 be found to be in compliance and dismissed. Boardmember Goldsbury seconded the motion. The vote on the motion was: Paul Brienza - for William Sharpless - for Tim Goldsbury - for Michelle Delaney-Tumlin - for the motion was therefore passed and adopted. 2. Case No. 93-08: James H. & Rimberly 8. Ryan, 20 Yacht Club Place, Tequesta. Violation of Appendix A, Zoninq, Section %(E)(5) Villaqe Code of Ordinances. The CEO explained this case was also continued from the last meeting date, has since come into compliance and recommended that the case be dismissed. There was a need to erect a fence around the swimming pool, which has now been done. Code Enforcement Board Meetinq Minutes September 14, 1993 Paqe 3 ------------------------------- Boardmember Goldsbury moved that Case No. 93-08 be found to be in compliance and dismissed. Boardmember Delaney-Tumlin seconded the motion. The vote on the motion was: Paul Brienza - for William Sharpless - for Tim Goldsbury - for Michelle Delaney-Tumlin - for the motion was therefore passed and adopted. 3. Case No. 93-09: Rita G. Walters, 370 Maple Aveaue, Tequesta. Violation of Appendix A, Zoninq, Section % (E)(5), Villaqe Code of Ordinances. There was no property owner present regarding this Case. The CEO asked that this case be presented simultaneously with Case No. 93-10, since they involved the same property owner. The Board agreed. This is a violation of the swimming pool, in that the swimming pool is not properly enclosed by a screen enclosure or a four- foot fence with a self-latching gate. The screen enclosure that is present is in a very bad state of disrepair, in that entire sections of the screening are missing. 4. Case No. 93-10: Rita G. Walters, 370 Maple Avenue, Tequesta. Violation of Chapter 6, Article V, Standard 8ousinq Code, Section 103.2.1, Villaqe Code of ordinances. The CEO explained he had hand delivered Notice of Violation to Page Hammers, business associate of Rita G. Walters, to Ms. Walters place of employment at Republic Savings on Indiantown Road in Jupiter. Ms. Walters, a mortgage broker, was present at the time of the hand delivery, and telephoned the CEO later that same day in reference to the hand-delivered Notice of Violation, asking that any future correspondence be delivered to here residence, and not her place of business. However, when the Notice of Hearing was sent by Certified mail to her place of residence, the Notice was refused at the Post Office and returned to the Village. Therefore, a second Notice of Hearing, scheduled on tonight's Agenda, was hand-delivered to Ms. Walters' personally at her place of business. (Ms. Walters was not in attendance at tonight's meeting.) No action has been taken by the property owner regarding any of the violations. � Code Enforcement Board Meeting Minutes September 14, 1993 Paqe 4 ------------------------------- The CEO explained there are four specific sections of the Minimum Housing Code which are in violation: o Section 305.3.1: Roofs shall be structurally sound and maintained in a safe manner and have no defects which miqht admit raia or cause dampness in the walls or interior portion of the buildinq. The CEO testified that the roof is in total disrepair. The house is in need of a new roof. Color photographs were presented into the Record. One showed the rear porch showing daylight through the roof in areas where parts of the roof were missing. Another photograph shows the front porch connecting to the roof of the house where that area was totally caved in. o Section 305.3.2: All portions, additions or sections of a roof includinq, but not limited to: fascia, eaves, soffit, sheathinq, rafter tails, barqe rafter, vent screening, qutters, downspouts, roof jacks, lead or metal flashinq, shall be complete with all trim strips, moldinqs, brackets, braces and supports in accordance with common buildinq practices. No item shall display siqns of deterioration, abuse or improper installation that could be coastrued to affect the purpose of that item or cause damaqe to the immediate area or roof structure,that could allow dampness or admit rain to the interior of that buildinq. The CEO testified that the photographs presented clearly show roof inembers which display signs of deterioration, with some areas being worse than others. The roof covering is gone. Further inspection would probably discover that the roof sheathing is at least water damaged. Inspection of the ceilings inside the house show water damage. o section 305.15: Accessory Structures Garaqes, storaqe buildinqs and all other accessory structures shall be maintained and kept in qood repair and sound structural condition. All sections of this Code are applicable as determined by the Housinq Official subject to standard appeal as outlined in 107. The CEO testified that the pool, which is full of green water and giant toads, and the pump equipment, were not maintained in good repair, as depicted in the color photographs presented into the Record. � Code Enforcement Board Meetinq Minutes September 14, 1993 Paqe 5 ------------------------------- o Section 305.17: Structural Supports Every structural element of the dwellinq shall be maintained structurally sound and show no evidence of deterioration which would render it incapable of carryinq normal loads. The CEO testified that the photographs presented showed, to some degree, deterioration of structural roof supports, and stated further that his personal inspection found posts and beams which are badly deteriorated. The CEO explained that the house is uninhabited and appears to be abandoned. He noted that one visit to the property found a Notice of Violation for the pool structure attached from the Health Department. A discussion with Howard Brady of the Palm Beach County Health Department, disclosed that the Health Department had been unable to locate the property owner. In June, 1993, the property owner informed the CEO of her plans to sell the property to a builder. It is not yet known whether the property has changed ownership since that time. It was the CEO's recommendation that the Board find the property owner in violation of the Zoning Code, and four sections of the Minimum Housing Code, allowing 30 days to come into compliance, and a$250/day fine for each violation for each day of non-compliance after the 30 days. It was the CEO's belief that the property owner, because of her attempts to avoid being served and her lack of response to any of the Notices, does not intend to comply, and perhaps might even be considering a Quit Claim Deed to avoid her responsibility. It was Attorney Monaghan's suggestion that the Board consider each violation separately. � Code Enforcement Board Meetinq Minutes September 14, 1993 Page 6 ------------------------------- Boardmember Sharpless moved that the Board find that Rita G. Walters be found in violation of the Zoning Code and the Minimum Housing Code, Sections 305.3.1 and 305.3.2 combined as one violation, Section 305.15, and Section 305.17. He further moved that the property owner be given 30 days to come into compliance, with a$250/day fine for each of the four violations for each day of non-compliance after the 30 days. Boardmember Goldsbury stated he would second the motion if it could be amended to reflect that the pool be given 30 days to come into compliance and the Minimum Housing Code violations be given 45 days to come into compliance. Scott Ladd informed the Board that 30 days would not be necessary to bring the pool into compliance, and in fact, since it presents a life- threatening hazard in its present state. Boardmember Delaney- Tumlin felt five working days was a reasonable amount of time to bring the pool into compliance, since merely a re-screening is required to cause it to comply. Boardmember Sharpless restated his motion, and moved that the Board find that Rita G. Walters be found in violation of the Zoninq Code Section X(E)(5), and the Minimum Housinq Code, Sections 305.3.1 and 305.3.2 considered as one violation, Section 305.15, and Section 305.17. He further moved that the property owner be qiven five (5) workinq days after receipt of Notice to brinq the pool into compliance, and 45 calendar days after receipt of Notice to brinq into compliance � all three violations of the Minimum Housinq Code, with a $250/day fine for each of the four violations for each day of non-compliance after each of their allotted compliance schedules. Boardmember Goldsbury seconded the motion. The vote on the motion was: Paul Brienza - for William sharpless - for Tim Goldsbury - for MiChelle Delaney-Tumlin - for the motion was therefore passed and adopted. VI. PRESENTATION OF NEW CASES There were no new cases for presentation. Code Bnforcement Board Meeting Minutes September 14, 1993 Paqe 7 ------------------------------- VII. OLD BIISINE88 There was no old business before the Board. VIII. ANY OTHER MATTERS 1. Review of CEB Case Loq: In reviewing its Case Log, the Board inquired as to the status of Case No. 93-11: Joseph Laduca, 50 Golfview Drive, Tequesta. Repeat Violation of Chapter 10, Article II, Health and Sanitation, Section 10- 18(a), Village Code of Ordinances. The CEO explained that the property is still in violation, and the owner has been informed that the Village may resort to its alternative measure for achieving compliance, which would allow the property owner 15 days to bring the property into compliance by mowing his lawn. If he does not do so, the Village will go in and mow, constituting a lien against the property for the service. Fines which have been imposed are presently up to $30,000-$40,000. The property, however, is homesteaded and cannot be foreclosed upon. 2. Distribution of Florida Statutes Chapter 162 (1991) relatinq to County or Municipal Code Enforcement: Scott Ladd distributed to the Board copies of the above State Law, Part I and Part II. 3. The CEO asked the Board what their preference was regarding doing a video of each violation. The Board felt that if the violation was a minor one, photographs would suffice, but in other situations (i.e., today's Case No. 93- 10 roof problems) it would be better to have a video, for more clarity. They left the decision to the discretion of the CEO. i Code Bnforcement Board Meetinq Minutes September 14, 1993 Paqe 8 ------------------------------- IX. ADJOIIRNMENT Boardmember Sharpless moved that the meetinq be adjourned. Boardmember Goldsbury seconded the motion. The vote on the motion was: Paul Brienza - for William Sharpless - for Tim Goldsbury - for Michelle Tumlin - for the motion was therefore passed and adopted and the meetinq was adjourned at 8:43 P.M. Respectfully submitted, ����`� Fran Bitters Recording Secretary ATTEST: ,,�1�� D. �� �.� Scott D. Ladd Clerk of the Board DATE APPROVED: ��-��- 9�