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HomeMy WebLinkAboutMinutes_Miscellaneous_04/03/1990_Code Enforcement Board � . � VILLAGE OF TEQUESTA � " r� BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive � Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 V I L L A G E O F T E Q U E S T� C O D E E N F O R C E M E N T B O A R. b M E E T I N G M I N U T E S A P R I L 3, 1 9 9 0 I. The Tequesta tiillage Code Enforcement Board held a regularl.y scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesda,y, April 3, 1990. The meeting was called to order at 7:35 P.M. b,y Chairman William Frank. Board members present we.re: Chairman Frank, Paul Brienza, Gordon Ritter., William Treace.y, William Sharpless, and Timothy Goldsbur,y. Dr. Foelsch w�s recuperating from surger,y, and therefore not in attendance., Clerk of the Board, Scott D. Ladd, and Code Enforcement Officer, Steve Kennedy were present. Also in attendance was Tim Monaghan, Esq., sitting in for Village Attorne,y, John C. Randolph, Esquire. II. APPROVAL OF PREVIOUS MEETING MINUTES (Code Enforcement Board Meeting Minutes of February 6, 1990) Boardmember Goldsbury noted that Item II, Approval of Agenda, needed to reflect Paul Brienza a.s Vice-Chairman, instead of Mr. Goldsbury. Boardmember Treacy znoved to approve the Minutes as amended. Boardmember Brienza seconded that motion. The vote was: Chairman William Frank - for Tim Goldsburv - for William Sharpless - for William F. Treac,y - for Gordon Ritter - for Paul Brienza - for the motion therefore passed and was adopt.ed. III. SWEARING II� OF CODE ENFORCEMENT OFFiCER.. The Clerk of the Board swore in Steve kennedy, Code Enforcement Officer. �� . Code Enforcement Board Meeting Minutes April 3, 1990 Page 2 --------------------- IV. UNFINISHED BUSINESS A) None. V. PUBLIC HEARINGS A) None. VI. PRESENTATION OF NEW CASES TO SET FOR HEARINGS: The Clerk of the Board read each case description with its corresponding violation in the following order. The Board responded as follows: A) Case No. 90-003, Sandra J. McKay and William L. Richards, 391 Seabrook Road (Majik Market). Violation of Ordinance No. 355, as Amended, Section No. XII, Sign Regulations, Subsection N, Paragraph 2, failure to remove all business signs related to a discontinued business within 10 days of closing of said business. Boardmember Ritter moved to set for hearing on May 1, 1990, the above-referenced case. Boardmember Goldsbury seconded that motion. The vote was: Chairman William Frank - for Tim Goldsbury - for William Sharpless - for William F. Treacy - for Gordon Ritter - for Paul Brienza - for the motion therefore passed and was adopted. B) Case No. 90-004, Lighthouse Plaza Associates, Ltd., c/o Roebling of New York, Inc., 177-207 Tequesta Drive (Lighthouse Plaza): Violation of Appendix A, Zoning, Section X(P) as adopted by Ordinance No. 361, Village Code of Ordinances. Failure to properly screen all dumpsters from public view, from public streets or from abutting properties. Code Enforcement Board Meeting Minutes April 3, 1990 Page 3 --------------------- Boardmember Treacy moved to set for hearing on May 1, 1990 the above-referenced case. Vice-Chairman Brienza seconded the motion. The vote was: Chairman William Frank - for Tim Goldsbury - for William Sharpless - for William F. Treacy - for Gordon Ritter - for Paul Brienza - for the motion therefore passed and was adopted. C) Case No. 90-005, Charles E. Curtis, 220 U.S. Highway One, North (Cologne Motel): Violation of Appendix A, Zoning, Section X(P) as adopted by Ordinance No. 361, Village Code of Ordinances. Failure to properly screen all dumpsters from public view, from public streets or from abutting properties. Boardmember Treacy moved to set for hearing on May 1, 1990 the above-referenced case. Boardmember Sharpless seconded the motion. The vote was: Chairman William Frank - for Tim Goldsbury - for William Sharpless - for William F. Treacy - for Gordon Ritter - for Paul Brienza - for the motion therefore passed and was adopted. D) Case No. 90-006, Howard P. Milhauser, c/o Capital Management Associates, Inc., 285 U.S. Highway One (Lord Chumley's Restaurant - Village Square Shopping Center): Violation of Ordinance No. 355, as Amended, Section No. XII, Sign Regulations, Subsection N, Paragraph 2, failure to remove all business signs related to a discontinued business within 10 days of closing of said business. Code Enforcement Board Meeting Minutes April 3, 1990 Page 4 --------------------- Boardmember Goldsbury moved to set for hearing for May 1, 1990, the above-referenced case. Boardmember Treacy seconded the motion. The vote was: Chairman William Frank - for Tim Goldsbury - for ' William Sharpless - for William F. Treacy - for Gordon Ritter - for Paul Brienza - for the motion therefore passed and was adopted. E) Case No. 90-007, Howard P. Milhauser c/o Capital Management Associates, Inc., 221-289 U.S. Highway One, South (Village Square Shopping Center): Violation of Appendix A, Zoning, Section X(P) as adopted by Ordinance No. 361, Village Code of Ordinances. Failure to properly screen all dumpsters from public view, from public streets or from all abutting properties. Boardmember Ritter moved to set for hearing for May 1, 1990, the above-referenced case. Boardmember Goldsbury seconded the motion. The vote was: Chairman William Frank - for Tim Goldsbury - for William Sharpless - for William F. Treacy - for Gordon Ritter - for Paul Brienza - for the motion therefore passed and was adopted. F) Case No. 90-008, Gary Robinson, 399 North Cypress Drive: Violation of Appendix A, Zoning, Section X(P) as adopted by Ordinance No. 361, Village Code of Ordinances. Failure to properly screen all dumpsters from public view, from public streets or from all abutting properties. Code Enforcement Board Meeting Minutes April 3, 1990 Page 5 --------------------- Boardmember Sharpless moved to set for hearing for May 1, 1990, the above-referenced case. Vice-Chairman Brienza seconded the motion. The vote was: Chairman William Frank - for Tim Goldsbury - for William Sharpless - for William F. Treacy - for Gordon Ritter - for Paul Brienza - for the motion therefore passed and was adopted. G) Case No. 90-009, Patrick Hodapp, 387 Seabrook Road: Violation of Chapter 10, Article II, Health and Sanitation, Section 10-17 and 10-18 as adopted by Ordinance No. 196, Village Code of Ordinances, excessive accumulation of dead plant life. Grass, weeds and undergrowth exceeds 12" in height and rubbish, trash and debris exists. Boardmember Treacy moved to set for hearing for May 1, 1990 the above-referenced case. Boardmember Sharpless seconded the motion. The vote was: Chairman William Frank - for Tim Goldsbury - for William Sharpless - for William F. Treacy - for Gordon Ritter - for Paul Brienza - for the motion therefore passed and was adopted. VII. OLD BUSINESS Code Enforcement Officer Kennedy reported that a recent check of public records indicates that the County Line Plaza Shopping Center is owned by Tequesta Associates, believed to be the same entit,y called Pantlin & Associates. He asked if it woul.d be necessary to re-cite the violations at that center to the entity named Tequesta Associates. Attorney Monaghan answered that whether the entity is called by one name or the other, they have certainly had constructive notice concerning the violations. This should not effect the current fine that is running. Code Enforcement Board Meeting Minutes April 3, 1990 Page 6 --------------------- VIII. ANY OTHER MATTERS A) Boardmember Treacy asked if a building wall at County Line Plaza Shopping Center could be considered as one of the sides for screening of dumpsters. Clerk of the Board, Scott Ladd explained that dumpsters located there were in violation of ordinance by the fact they are exposed to the public road right-of-way and that the entire back wall of the shopping center faces Village Boulevard. No response of compliance has been received from owners of the shopping center and a $25/day fine is currently running. B) Boardmember Ritter asked a question regarding a hypothetical situation: If a private residence is in violation, and that residence is for sale, and changes ownership prior to coming to hearing, who is held responsible? Attorney Monahagn explained that the hearing is to determine whether or not a violation exists on the day of the hearing at which time an Order would be issued to come into compliance. No matter who is in ownership, compliance can still be ordered. Chairman Frank suggested it should be the Board's place to determine the closing date, which can be discovered from the Broker or the Title Company. With this in mind, it is possible to levy a fine which encumbers a lien against that property. When a lien is recorded and a fine is imposed, it becomes a matter of record. Most new buyers would want to clear up any liens before closing on the property. C) Boardmember Treacy asked if it is possible to post a violation notice on the property if an owner cannot be located. Attorney Monaghan answered that when there is difficulty in serving a notice before public hearing, it is absolutely legal to post the notice in a prominent place. D) Boardmember Treacy asked if there would be any recourse, regarding the dumpster issue, in approaching the dumpster supplier. Mr. Ladd answered he intends to check tQ see if the Franchise Agreement can be adjusted in some way to better accommodate the Village Ordinances. Attorney Monaghan suggested a close look at the Franchise Agreement might be the thing to do. . .. Code Enforcement Board Meeting Minutes April 3, 1990 Page 7 --------------------- E) Boardmember Treacy noted there are several homes on Country Club Drive which are desparately unattended and becoming unsightly, and asked if anything could be done. Code Enforcement Officer Kennedy answered that was Palm Beach ,County unincorporated and the County Code Enforcement Division should be contacted. IX. ADJOURNMENT There being no other matters before the Board, the meeting was adjourned at 8:25 P.M. Respectfully submitted, ��C�i`�� t� Fran Bitters Recording Secretary ATTEST: ,�Po�` �D. ctc�c� Scott D. Ladd Clerk of the Board DATE APPROVED: t,t-/�. 94