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HomeMy WebLinkAboutMinutes_Miscellaneous_02/22/1994 � V ' � ; � �; VILLAGE OF TEQUESTA , r DEPARTNIEN'T OF COD�IIV1UNrI'y DEVELOPMENT � Post Office Box 3273 • 357 Tequesta Drive e ^ 'J � � o Tequesta, Florida 33469-0273 •(407) 575-6220 ; _ e�, 4 Fax: (407) 575-6203 ��N coUN� V I L L A G E O F T E Q U E S T A CODE ENFL�RCEMENT BOARD M E S T I N G M I N U T E S F EBRIIARY 2 2, 1 9 9 4 I. The Cade Enforcement Board of the Village of Tequesta held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday. February 22, 1994. The meeting was calied to order at 7:38 P.M. by Chai� Paul Brienza. A roll call was taken by $etty Laur, the Recording Secretary. B�oardmembers present were: Chairman Paul Brienza, Vice-Chairman William Treacy, Gary Coll.ins, Tim Gold�bury, Michele Delany-Tumlin, and Jeffrey VorpageY. Also i� attendance were: Scott D. Ladd, Clerk of the Board, Steven Kennedy, Code Enforcement Officer, and Jahn C. Randolph, Village Attorney. II. �iPPROVAL OF AGENDA Vice Chairman Treacy moved that the Agenda be approved as submitted. Boardmember Delane�r-Tumlin seconded the motion. The vote on the motion was: Paul B�ienza - for William Treacy - for Gary Collins - for Tim Goldsbury - for Michele Delany-Tumlin � for Jeffrey Vorpagel - for the motion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES (September 14, 1993 and February 8, 1994) Vice Chairman Treacy moved to approve the Code Enforcement Board Meeting Minutes of September 14, i993 and February 8, 1994 as submitted. Boardmember Goldsbury seconded the motion. The vote on the motion was: Recyc[ed Paper Code Enforcement Board Meeting Minutes February 22, 1994 Page 2 ------------------------------------ Paul Brienza - for William Treacy - for Gary Collins - for Tim Goldsbury - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted and the meeting Minutes were approved as submitted. IV. CODE ENFORCEMENT BOARD REORGANIZATION l. Vice Chairman Treacy moved that Paul Brienza be . appointed to the position of Chairman of the Code Enforcement Board for the coming year. Boardmember Delaney-Tumlin seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Gary Collins - for Tim Goldsbury - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted appointing Paul Brienza as Chairman of the Code Enforcement Board for the coming year. 2. Boardmember Goldsbury moved that William Treacy be appointed to the position of Vice Chairman of the Code Enforcement Board for the coming year. Boardmember Delaney-Tumlin seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Gary Collins - for Tim Goldsbury - for l�iichele Delany-Tumlin - for - Jeffrey Vorpagel - for the motion was therefore passed and adopted appointing William Treacy as Vice Chairman of the Code Enforcement Board for the coming year. Code Enforcement Board Meeting Minutes February 22, 1994 Page 3 ------------------------------------ 3. Vice Chairman Treacy moved that Scott D. Ladd be appointed to tYie position of Clerk of the Board for the coming year. Boardmember Delaney-Tumlin seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Gary Collins - for Tim Goldsbury - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted appointing Scott D. Ladd as Clerk of the Board for the coming year. V. SWEARING IN OF CODE ENFORCEMENT OFFICER Clerk of the Board, Scott D. Ladd, swore in the Code Enforcement Officer. VI. PUBLIC HEARINGS: There were no public hearings. VII. PRESENTATION OF NEW CASES TO SET FOR HEARINGS: There were no new cases for presentation. VIII. UNFINISHED BUSINESS: There was no unfinished business before the Board. IX. ANY OTHER MATTII2S 1. Review of CEB Case Log: CEO referred board members to the list of 1993 case logs in the agenda packet listing Case No. 93-01 through 93-11 inclusive, and stated all cases on this listinq had been complied with except those concerning two separate properties upon which fines have been imposed and resolution is needed, i.e., Case numbers 93-01, 93-04 and 93-11, Joseph Laduca, 50 Golfview Drive, Tequesta, and Case numbers 93-09 and 93-10, Rita G. Walters, 370 24aple Avenue, Tequesta. Case No. 93-01: Joseph Laduca, 50 Golfview Drive, Tequesta. Violation of Chapter 10, Article II, Health and Sanitation, Sec. 10-18(a) Village Code of Code Enforcement Board Meeting Minutes February 22, 1994 Page 4 ------------------------------------ Ordinances. The CEO explained this was a repeat violation that concerned an overgrown yard and that the $500 per day fine issued January 5, 1993, for a seven day period, which totaled $3,500, remains unpaid. Case No. 93-04: Joseph Laduca, 50 Golfview Drive, Tequesta. Violation of Chapter 6, Ar�icle II, Building and Building Regulations, Sec. 6-18, Subsection 101.6, Village Code of Ordinances. The CEO explained this violation concerned the swimming pool, and fine imposed of $250.00 per day still running since May 4, 1993, a period of 293 days, now totals $73,250. The date upon which compliance was to have been met was May 14, 1993. They had 10 days in which to comply and did not. Case No. 93-i1: Joseph Laduca, 50 Golfview Drive, Tequesta. Violation of Chapter 10, Article II, Health and Sanitation, Sec. 10-18(a) Village Code of Ordinances. The CEO explained this was a repeat violation which concerned an overgrown yard. $250 per day fine imposed August 3, 1993 for a 15-day period totaled $3,750 and remains unpaid. The CEO stated as of today these 3 fines total $80,450. He recommended that the Board impose these 3 amounts for these 3 individual cases. Attorney Randolph recommended a motion be made which would record the daily amount of the fine until compliance is met or until the Board would proceed with foreclosure action against the property if said property is found not to be homestead property. Vice Chairman Treacy moved to adopt the following motion as read into the record by Attorney Randolph. Based upon the advice of the Code Enforcement Officer that the order of the Code Enforcement Board relating to the Case 93-01, 93-04 and 93-11 have not been complied with by the time set by this Board for compliance, I move that an order be issued imposing the fine of, in the case of 93-04, $250 per day from the date of non-compliance to the date of the issuance of Code Enforcement Board Meeting Minutes February 22 , 1994 Page 5 ------------------------------------ this order, and in the case of 93-01, $3,500, and in the case of 93-i1, $3,750 and further that a fine in the amount of $250 a day be assessed in case 93-04 on a daily basis until the violator is in compliance. I further move that the Chairman be authorized to sign the order and record same in the Public Record so as to constitute a lien against the property owned by the violator. Boardmember Vorpagel seconded the motion. During discussion the CEO explained Case 93-04 violated a requirement established in the building code that states buildings have to be maintained, and since the pool equipment was not kept in good condition the pool water could not be properly maintained. The CEO stated he had personally taken the Health Department inspector to visit the property. The other two fines were stopped because prior to those two hearings Mr. Laduca had had his yard mowed and was in compliance at the time of the hearing. Because of his history he was brought before the CEB and fines imposed even though he was in compliance at the time. When the property owner noticed does not ask for a hearing, which was the circumstance in case 93-11, the village can then act, and has mowed the overgrown yard twice since November 1993, and the property owner was given notice he is responsible to pay charges. Some boardmembers felt the property owner had the right to know that the Board was considering filing a lien, and he did not receive notice of this meeting. Mr. Treacy amended the motion to give Mr. Deluca a chance to appear before the CEB at the next meeting. The CEO stated Mr. Deluca had been noticed properly and he felt the amendment was not required, and also felt if the motion carried as originally presented that would allow the village council to take action in the future. Mr. Treacy withdrew his amendment to the motion. Atty Randolph advised the motion before the board as originally stated would not allow the village council to take action, but would allow the CEB to enter into an order stating compliance has not been met and would allow an order to be entered and signed by the Chairman and - filed as a matter of record. Boardmember Vorpagel restated his position that Mr. Deluca needed to receive notice that the CEB was considering filing a lien against his property, which would make a stronger case against him. The vote on the motion was: Code Enforcement Board Meeting Minutes February 22, 1994 Page 6 ------------------------------------ Paul Brienza - against William Treacy - for Gary Collins - abstain because of his position with Tequesta Country Club Community Code Enforcement Liason where Mr. Laduca's property is located Tim Goldsbury - against Michele Delany-Tumlin - for Jeffrey Vorpagel - against the motion therefore failed, and direction to staff is to give notice of the intent to proceed on this matter so that Mr. Deluca can be in attendance at the next meeting. In response to Boardmember Collins' question as to whether a paper trail exists in each of the cases, the CEO stated the file on each case does contain this record. Attorney Randolph recommended the information trail be made available to the Board when considering cases. Attorney Randolph suggested that the form of notice to Mr. Deluca could be a letter stating "as of this date fines against your property exist in the amount of $ The Board will consider imposing a lien against your property for those amounts. You are invited to attend and give reasons why this should not be done." Boardmember Delaney-Tumlin suggested a letter be delivered by the police department before each meeting notifying him of the meeting and the amount of the running fine at that date. Boardmember Vorpagel moved to notify the owner or interested parties of violations 93-01, 93-04 and 93-11, that the CEB is considering filing a lien on all three at the next regular Code Enforcement Board meeting. Boardmember Goldsbury seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for - Gary Collins - for Tim Goldsbury - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted. Code Enforcement Board Meeting Minutes February 22, 1994 Page 7 ------------------------------------ Case No. 93-09: Rita G. Walters, 370 Maple Avenue, Tequesta. Violation of Appendix A, Zoning, Section X (E) (5), Village Code of Ordinances; and Case 93-10: Rita G. Walters, 370 Maple Avenue, Tequesta. Violation of Chapter 6, Article V, Standard Housing Code, Section 103.2.1, Village Code of Ordinances. The CEO explained the Code Enforcement Board had heard both cases on September 14, 1993, and found three separate violations, and imposed a fine of $250 per day for each violation. Violations were structural problems and a leaking roof. The CEO personally delivered notice of these violations to Ms. Walters at her place of business on September 16, 1993. Fines began to run on October 31, 1993, upon which date the 45 days given her to comply expired. Fines have accrued for 114 days, for a total now due of $85,500. A fourth violation for swimming pool not properly enclosed was given 5 days to comply, which would have been September 21, 1993. The $250/day fine for that violation has run for 143 days and totals $35,750. This fine stopped running on February 12, 1994 because the building official directed a local contractor to put plywood around the screen enclosure to bring it into compliance because of imminent hazard to the neighborhood. The two fines total $121,250. The CEO recommended the Code Enforcement Board make a motion to impose those fines so that action could be taken against this property and stated he will have these cases on next month's agenda with notice given to the property owner. Boardmember Delaney-Tumlin moved to notify the owner or interested parties of violations in case numbers 93-09 and 93-10 that the CEB is considering filing a lien on all three at the next regular Code Enforcement Board meeting. Boardmember Vorpagel seconded the motion. Vice Chairman Treacy recommended foreclosure in this case. The vote on the motion was: Paul Brienza - for William Treacy - against Gary Collins - for Code Enforcement Board Meeting Minutes February 22, 1994 Page 8 ------------------------------------ Tim Goldsbury - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted. 2. Discussion of Snyder Decision by Village Attorney: Attorney Randolph advised the CEB that the Snyder decision basically indicated that there are some zoning matters that are quasi-judicial proceedings. Of more interest to this board was the Jennings case which determined that any board or committee that acts as a quasi-judicial board or committee should not allow itself to be lobbied in any way. The proper response to a person who wants to give a boardmember information concerning a matter referred to the board by the CEO would be, "I'm sorry, I sit at the hearing that is duly noticed, and if you want to say something about this matter you should speak at the hearing." A boardmember cannot listen to comments outside a hearing because that could sway the boardmember's opinion. If anyone alleges prejudicial conduct (lobbying outside a public meeting) it will be assumed there has been prejudicial contact. The burden of proof would then shift to the CEB to show that the contact has not been prejudicial. Therefore Attorney Randolph recommended that boardmembers not allow themselves to be lobbied in any way. Attorney Randolph also reminded new boardmembers of the Sunshine Law which says that no two members of a governmental body shall meet together outside a public meeting and discuss matters of interest to that body. In response to Boardmember Collins' questions as to how he should react to specific situations involving matters he would deal with both in his capacity as Tequesta Country Club Community Code Enforcement Liason and as a member of the Code Enforcement Board, Attorney Randolph advised he would meet with Boardmember Collins to resolve this matter. Attorney Randolph also advised the board that boardmembers can discuss finished cases with other persons, but not with another member of the Code Enforcement Board. IX. ADJOURNMENT Vice Chairman Treacy moved that the meeting be adjourned. Boardmember Vorpagel seconded the motion. The vote on the 05/02/1994 11:41 4076941591 PAGE 02 .' Code Snforcement Board lteetix�,g Hinutes Februsry Z2, .�994 Paqe 9 mvtic�n was: Pau�, Brienza -- for 1i�.11ia.�n Tre�cy - :for Gary Co2lins - f� Tix� Goldsbury - for 1"li.ch�le Delany-Tunlin - for �effrey Vorpaqel - fo� � �he mvtian was therefore passed and adopted mzd the �eeti yras adjourned at $:58 p.Pi. ` Respectful::y submitted, , , 1 �� ��� - �� �� $etty LaurM� ReGOrding ��ecret:xry , ATTEST: � ��� ' � - � . G�'�� _ SGOtt D. Ladd � ' � C�,@rk of the Bo;�rd �� � �.i DATE AP l�Q Eb _ i��� � _� ; � t