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Home My WebLink AboutMinutes_Miscellaneous_07/05/1994 f � `"� VILLAGE OF TEQUESTA ; ; � r DEPARTMENT OF COA/IIVIUNITY DEVELOPMENT � Post Office Box 3273 • 357 Tequesta Drive a - �3 � < ; o Tequesta, Florida 33469-0273 •(407) 575-6220 e E Fa�c: (407) 575-6203 � COUH� VILI.AGE OF TEQiTFSTA CODE ENFQRCEMENT BOARD MF�TIIVG I�IINUT�S JIJI,Y 5, 19�4 I. The Code Enforcement Board of the Village of Tequesta held a regularly scheduied meeting at the Village Ha�.l, 357 Tequesta Drive, Tequesta, Florida, on T�esday, July 5, 1994. The meeting was call:ed to order at 7:33 P.M. by Chairman Paul Brienza. A roll call was taken by Betty Laur, the Recording Secretary. Boardmembers present were� Chairman Paul Brienza, Vice-Chairman William Treacy, Michele Delany-Tumlin, Jeffrey Vorpagel, and Dr. Ernest Kuonen. Aiso in attendance were: Scott D. Ladd, Clerk of the Board, Steven Kennedy, Code Enforcement Officer, and Attorney Scott McMullen (sitting in for John C. Randalph, Village Attorney). Boardmembers absent were Tim Goldsbury, and William Sharpless. II. APPROVAL OF AGENDA Vice Chairman Treacy moved that the Agenda be approved as submitted. Boardmember Kuoz�en seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for Ernes� Kuonen - gor the ffiotion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF FREVIOUS MEETING MI�ES (June 7, 1994) Vice Chairman Treacy moved to approve the Code Enforcement Board Meeting Niinutes of June 7, 1994 with an amendment to Item V, Public Hearings, 1), Case No. 92-01 changing the vote by Jeffrey Vorpagel from "for" to "nay". Boardmember Vorpagel seconded the motion. The vote on the motion was: Reeycled Paper Code Enforcement Board Meeting Minutes July 5, 1994 Page 2 ----------------------------- Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for Ernest Kuonen - f or the motion was therefore passed and adopted and the meeting Minutes were approved as amended. IV. SWEARING IN OF CODE ENFORCEMENT OFFICER Clerk of the Board, Scott D. Ladd, swore in the Code Enforcement Officer. V. PUBLIC HEARINGS: Case No. 94-01: James L. & Ouida R. Cates, 24 Yacht Club Place, Tequesta, as continued from June 7, 1994. Violation of appendix A, Zoning, Section X(E)(5), Village Code of Ordinances. Clerk of the Board Scott D. Ladd swore in the property owner, James L. Cates. Code Enforcement Officer Steven Kennedy explained this violation involved failure to provide a proper barrier around a swimming pool. The Village had been made aware of the violation by a neighbor of Mr. Cates. A certified letter was sent to Mr. Cates informing him of the violation and corrective action required, and was signed for by Mrs. Cates on May 11, 1994. Notice of Hearing mailed May 19 was accepted on May 26, 1994 by Mrs. Cates. The hearing was postponed from June 7 because Mr. Cates had a personal emergency. Certified mail of notice of this July 5 meeting was not accepted because Mr. Cates was on vacation. Code Enforcement Officer Kennedy contacted Mr. Cates by telephone and faxed the notice to him. Mr. Cates called on June 24 to confirm receipt of notice. Code Officer Kennedy presented two sets of photographs of the subject yard and pool taken from different angles for examination by the Board. Code Officer Kennedy stated Mr. Cates had agreed to comply by erecting whatever barrier was required, and had agreed to obtain a permit within 15 days and provide for erection of a proper barrier within 30 days. Code Enforcement Board Meeting Minutes July 5, 1994 Page 3 ----------------------------- James L. Cates, the property owner, stated he was not sure he was really in violation, that he was extremely sensitive over this matter since this violation had been reported by a neighbor who had known for ten years that he did not have a fence. He stated his yard contained extensive landscaping and hedges and that many friends who he invited to his home were not even aware of the existence of the pool. Mr. Cates stated he was not admitting to a violation; however he was agreeing to abtain a permit wit�in 15 days and to have a fence erected within 30 days. Code Enforcement Officer Kennedy recommended a motion to the Board that did not establish a fine. Boardmember Vorpagel stated from his experience that if no fine were imposed and compliance were not met that another public hearing would have to be held, with which Attorney McMullen agreed. A motion by Vice Chairman Treacy was not seconded which resulted in discussion of a temporary barrier for safety reasons until the permanent fencing could be erected. Mr. Cates explained how the landscaping hid the pool and told the Board it would require a 400-foot walk for anyone entering his back yard to get to the pool, and that he had been approved by three different companies for homeowners insurance over the ten-year period the pool had existed without fencinq. Vice Chairman Treacy remade his previous motion which was that a violation be found, that within 15 days from July 5, 1994 that Mr. Cates be required to obtain a permit for pool fencing, and that within 30 days from July 5, 1994 the fencing be erected. If fencing were not completed within 30 days then a fine would be leveled for a minimum amount of $50.00 per day, because of the circumstances of this case. Motion was seconded by Boardmember Kuonen. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Jeffrey Vorpagel - for Ernest Kuonen - for the motion was therefore passed and adopted. Code Enforcement Board Meeting Minutes July 5, 1994 Page 4 ----------------------------- VI. PRESENTATION OF NEW CASES TO SET FOR HEARINGS: There were no new cases for presentation. VII. UNFINISHED BUSINESS: Vice Chairman Treacy inquired as to the status of the LaDuca case. Code Enforcement Officer Kennedy reported Mr. LaDuca had been mowing his grass and there had been no further violations for an overgrown yard. He reported the Village had hired a local pool contractor to correct the stagnant water in the pool which could breed mosquitoes. The water had been pumped out and replaced, chemicals had been added to correct the problem, and monitoring of the situation was ongoing. The only violation for which a fine was still running was for failure to maintain the pool equipment in order to keep the water pure. Code Enforcement Officer Kennedy reported the orders had been filed in the Courthouse so that foreclosure could be pursued; however, since Mr. LaDuca's property was homestead property, only personal property could be foreclosed. The other case in which foreclosure was planned, which was the Walters case, was not homestead property; therefore the Village might be able to sell that property. Vice Chairman Treacy asked Code Enforcement Officer Kennedy to check to see if Mrs. Walters had been paying the property taxes on this property. Code Enforcement Officer Kennedy reported improvement in case compliance. He stated that compliance had been achieved in the tough cases as well as the easy cases, and that in July of previous years fifteen or twenty cases would have existed; however, this year in July there was only one case to date. VIII. ANY OTHER MATPERS IX. ADJOURNMENT Vice Chairman Treacy moved that the meeting be adjourned. Boardmember Delany-Tumlin seconded the motion. The vote on the motion was: Paul Brienza - for William Treacy - for Michele Delany-Tumlin - for Code Enforcement Board Meeting Minutes July 5, 1994 Page 5 ----------------------------- Jeffrey Vorpagel - for Ernest Kuonen - for the motion was therefore passed and adopted and the meeting was adjourned at 8:10 P.M. Respectfully submitted, �� Betty Laur Recording Secretary ATTE5T: �� c� Scott D. Ladd Clerk of the Board DATE APPROVED: �0' �' 7 �