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Home My WebLink AboutMinutes_Miscellaneous_04/12/1994_Code Enforcement Board E '' `"f VILLAGE OF TEQUESTA A ; , a - r DEPARTNIENT OF COMMIJNITY DEVELOPMENT � Post Office Box 3273 • 357 Tequesta Drive , S '� ; o Tequesta, Florida 33469-0273 •(407) 575-6220 � 4 Fax: (407) 575-6203 � coUN V I L L A G E O F 'P 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 A P R I L 1 2, 1 9 9 4 I. The Code Enforcement Board of the Village of Tequesta held a regularly scheduled mee�ing at the Village Hall, 357 Tequesta Drive, Tequ�sta, Florida, on Tuesday, April 12, 1994. The meeting was called to order at 7:30 PvM. by Chairman Paul Brienza. A roli call was taken by Betty Laur, the Recording Secretary. Boardmembers present were: Chairman Paul Brienza, Vice-Chairman William Treacy, Michele Delany-Tumlin, and Jeffrey Vorpagel. Also in attendance were: Scott D. Ladd, Clerk of the Board, Steven Kennedy, Code Enforcement Officer, and Attorney Scott Hawkins (sitting in for John C. Randolph, Village Attorney). Boardmembers absent were Tim Goldsbury, Dr. E�nest Kuonen, and William Sharpless. II. APPROVAL OF AGENDA Vice Chairman Treacy moved that the Agenda be approved as submitted. Boardmember Vorpagel seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted an� fi�� Agenda was approved as submitted. �II. �i]PPROVAL fJF PREVIOUS MEETING MINUTES (February 22, 1994) Vice Chairman Treacy moved �o approve the Code Enforcement Board Meeting Minutes of February 22, 1994 as submitted. Boarclmember Vorpagel seconded the motion. mhe vote on the motion was: Pa�g1 �rienza - for Recycled Paper Code Enforcement Board Meeting Minutes April 12, 1994 Page 2 ----------------------------- William Treacy - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted and the meeting Minutes were approved as submitted. IV. SWEARING IN OF CODE ENFORCEMENT OFFICER Clerk of the Board, Scott D. Ladd, swore in the Code Enforcement Officer. V. PUBLIC HEARINGS: There were no public hearings. VI. PRESENTATION OF NEW CASES TO SET FOR HEARINGS: There were no new cases for presentation. VII. UNFINISHED BUSINESS: There was no unfinished business before the Board. VIII. ANY OTHER MATTERS 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 listing had been complied with except those concerning two separate properties upon which fines have been imposed and further action 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 Maple Avenue, Tequesta. CEO recommended the Board take action to record unpaid fines as liens against these properties which is a step recommended by Village Attorney Randolph so that further action could be taken against these violators. CEO assured the Board that proper notice had been given to both Joseph Laduca and Rita Walters as requested by the Board at the last meeting, however notice was not required under Village ordinances or statues. CEO stated he had visited both of the properties that evening and both were still in the same condition and therefore still in violation. Code Enforcement Board Meeting Minutes April 12, 1994 Page 3 ----------------------------- Case No. 93°O1: 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 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. Vice Chairman Treacy moved to adopt the following motion as read into the record by Code Enforcement Officer Kennedy: Based upon the advice of the Code Enforcement Officer that the order of the Code Enforcement Board relating to Case No. 93-01 has not been complied with, I move to impose a fine of $3500.00 as the property was previously found in violation and fine had been imposed at the rate of $500.00 per day for 7 days and that the sum of this fine of $3500.00 shall be entered and recorded as a lien against the subject property. Boardmember Vorpaqel seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Jef f rey Vorpagel - f or the motion was therefore passed and adopted. Attorney Hawkins suggested since all motions to be made in regard to Case Numbers 93.01, 93.11, 93-04, 93-09 and 93.10 were to be the same, that the motions be made to use the same language used in the motion for Case No. 93.01 inserting the applicable amounts and days in violation. Case No. 93-11: Joseph Laduca, 50 Golfview Drive, Tequesta. Violation of Chapter 10, Article II, Health and Sanitation, Sec. 10-18(a) Vi.11age 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 Code Enforcement Board Meeting Minutes April 12, 1994 Page 4 ----------------------------- remains unpaid. Boardmember Vorpagel moved to adopt the following motion with the figures as read into the record by Code Enforcement Officer Kennedy: Based upon the recommendation of staff I move to adopt the same language as in Motion number one for Case No. 93-01, for Case No. 93-i1: in violation for 15 days, rate at which fine was imposed was $250.00 per day, and the total fine was $3,750.00. Boardmember Delany- Tumlin seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted. Case No. 93-04: Joseph Laduca, 50 Golfview Drive, Tequesta. Violation of Chapter 6, Article 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 the fine imposed of $250.00 per day was still running since May 4, 1993, a period of 342 days, now totaled $85,500.00. Vice Chairman Treacy moved to adopt the following motion with the figures as read into the record by Code Enforcement Officer Kennedy: Based upon the recommendation of staff I move to adopt the same language as in Motion number one for Case No. 93-01, for Case No. 93-04: in violation for 342 days, rate at which fine was imposed was $250.00 per day, and the total fine was $85,500.00. Boardmember Delany- Tumlin seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for Code Enforcement Board Meeting Minutes April 12, 1994 Page 5 ----------------------------- the motion was therefore passed and adopted. 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 previously heard both cases, and had found three separate violations in Case No. 93-09, and imposed a fine of $250.00 per day for each violation, for a total per day of $750.00. Violations were structural and roof problems. Fines had accrued for 163 days, for a total of $122,250.00 due as of today, April 12, 1994. Vice Chairman Treacy moved to adopt the following motion with the figures as read into the record by Code Enforcement Officer Kennedy: Based upon the recoatmendation of staff I move to adopt the same language as in Motion number one for Case No. 93-01, for Case No. 93-09: in violation for 163 days, rate at which fine was imposed was a total of $750.00 per day which was $250.00 per day for each of 3 separate violations, and the total fine was $122,250.00. Boardmember Delany-Tumlin seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - far Jeffrey Vorpagel - for the motion was therefore passed and adopted. Case No. 93-10 was a violation for a swimming pool not properly enclosed. The $250.00 per day fine imposed for that violation had run for 140 days and totaled $35,000.00. This fine stopped running 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. Code Enforcement Board Meeting Minutes April 12, 1994 Page 6 ----------------------------- Boardmember Vorpagel moved to adopt the following motion with the figures as read into the record by Code Enforcement Officer Kennedy: Based upon the recommendation of staff I move to adopt the same language as in Motion number one for Case No. 93-01, for Case No. 93-10: in violation for 140 days, rate at which fine was imposed was $250.00 per day, and the total fine was $35,000.00. Vice Chairman Treacy seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted. Boardmember Michelle Delany-Tumlin moved to adopt the following motion: I move that with respect to Case Numbers 93-01, 93-04, and 93-11 and the property affected thereby which is located at 50 Golfview Drive, Tequesta, and with respect to Case Numbers 93-09 and 93-10 and the property affected thereby which is located at 370 Maple Avenue, Tequesta, that foreclosure proceedings be instituted at the appropriate time in accordance with stautes. Motion was seconded by Vice Chairman Treacy. Attorney Scott Hawkins advised the Board that there would be a three-month waiting period. Boardmember Vorpagel questioned Attorney Hawkins as to whether the violators would be notified that the Board had moved to institute foreclosure proceeding. Attorney Hawkins responded that under the recording law once a document had been recorded you were deemed to have knowledge of it, and that if any mortgages exist on these properties that this foreclosure action would be inferior to the mortgages. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Twnlin - for Jeffrey Vorpagel - for the motion was therefore passed and adopted. Code Enforcement Board Meeting Minutes April 12, 1994 Page 7 ----------------------------- Vice Chairman Treacy inquired as to the status of the Segal property. The CEO reported everything was in compliance upon inspection performed in December 1993 and that he had not intensely inspected the property since that time. 2. Code Enforcement Officer Kennedy asked the Board to consider changing the time of the Code Enforcement Board meetings to a time earlier than 7:30 p.m. in order to finish the meetings earlier. IX. ADJOURNMENT Vice Chairman Treacy moved that the meeting be adjourned. Boardmember Vorpagel seconded the motion. The vote on the ffiotion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Jef f rey Vorpagel - f or the motion was therefore passed and adopted and the meeting was adjourned at 8:29 P.M. Respectfully submitted, \ Bett Laur Recording Secretary ATTEST: t.�� s�'J� �� Scott D. Ladd Clerk of the Board DATE APPROVED: / . ¢�: (.� �.`-�