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Home My WebLink AboutMinutes_Miscellaneous_08/07/1990_Code Enforcement Board f . v 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 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 U G U S T 7, 1 9 9 0 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Code Enforcement Board h�ld a regularly scheduled meeting at the Village Hall, 357 Tec�uesta Drive, Tequesta, Florida, on Tuesday, August 7, 1990. The meeting was called to order by Chairman William Frank at 7:30 P.M. Code Enforcement Board members present were: Chairman William Frank, Vice-Chairman Paul Brienza, William Sharpless, and Tim Goldsbury. Boardmember Gordon Ritter was out of town; Boardmembers William Treacy and Foelsch were not in attendance. Steve Kennedy, Code Enforcement Officer, and Scott D. Ladd, Clerk of the Board and Tim Monahagn, Esquire, were also in attendance. II. APPROVAL OF PREVIOUS MEETING MINUTES (July 3, 1990) Vice-Chairman Brienza moved to approve the above-refer�enced Meeting Minutes were approved as submitted. Boardiruember Goldsbury seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for The motion passed and was adopted and the July 3, 1990 Meeting Minutes were approved as submitted. III. SWEARING IN OF CODE ENFORCEMENT OFFICER Steve Kennedy, Code Enforcement Officer, was sworn in by Scott D. Ladd, Clerk of the Board. . � � ,, Code Enforcement Board Meetinq Minutes Auqust 7, 1990 Paqe 2 -------------------------- IV. UNFINISHED BUSINESS There was no unfinished business. V. PUBLIC HEARING3 Case No. 90-010, Paul N. Pipoly, 81 Camelia Circle: Violation of Chapter 6, Article V, Standard Housing Code, Section 307.4 as adopted by Ordinance No. 395, Village Code of Ordinances. Steve Kennedy explained a Notice of Violation had been sent to the property owner on March 9, 1990, with a proof of receipt dated March 12, 1990. The violation concerns open storage of materials on residential property. The property owner made some progress in cleaning up some of the openly stored materials; however, the area is not yet completely free of these openly stored materials. The Code Enforcement Officer (CEO) showed a video-tape taken on 8/7/90 showing the openly stored materials on the above-referenced property, and further pointed out that this violation is an historical one, some of the materials remaining in open view for ten years. Property owner, Paul Pipoly, stated that he does work with those materials which are openly stored, but would be willing to do a"clean-up" if the Code Enforcement Officer would recommend to him which items to remove. Mrs. Pipoly explained that Mr. Pipoly had been in the hospital and incapacitated most recently, thereby making it difficult to comply within the time period (45 days) that was given to him. The CEO explained that loose articles such as are openly stored at the Pipoly property pose a hurricane safety hazard and recommended that the openly stored articles be removed within a 30-day period. Boardmember Sharpless questioned the wording of Ordinance No. 395, as to whether it actually did apply to the articles Mr. Pipoly had openly stored, but rather that it referred to abandoned property. Attorney Monaghan explained that the intent of the Ordinance was to avoid open storage and an uncluttered premises. He explained the Board's options are: Code Enforcement Board Meetinq Minutes August 7, 1990 Paqe 3 -------------------------- o Withhold adjudication and not rule; o Find the property owner in violation and give him adequate time to comply; or o Find that there is no violation. Vice-Chairman Brienza moved to table a ruling on this matter for thirty days (until the next Code Enforcement Board meeting) to allow the Code Enforcement Officer and the property owner to come to an agreement regarding the items that must be removed and re-evaluate the case after that 30- day period. Boardmember Sharpless seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for The motion was therefore passed and adopted and the case was tabled until the next Code Enforcement Board Meeting. Case No. 90-011, Edwin J. Nelson, 150 U S. Highway One, North, Unit 21, Carpet Ringdom: Code Violation of Ordinance No. 355, as Amended, Section No. XII, Sign Regulations, Subsection K(2) (a) l. The violation was excessive signs, putting up a sign without a permit. After receiving Notice of Hearing, Carpet Kingdom removed the sign. It is not anticipated that this will be a repeat violation. The CEO's recommendation to the Board is that the case be dismissed. Boardmember Goldsbury moved to dismiss the above-referenced case based on the information supplied by the Code Enforcement Officer. Vice-Chairman Brienza seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - fo= William Sharpless - for The motion was therefore passed and adopted and the case was dismissed. Code Enforcement Board Meetinq Minutes Auqust 7, 1990 Paqe 4 -------------------------- VI. PRESENTATION OF NEW CAS.ES TO SET FOR HEARINGB: Case No. 90-012, Thomas J. Vauqhn, 476 Tequesta Drive: Violation of Chapter 6, Article V, Standard Housing Code, Section 307.4 as adopted by Ordinance No. 395, Village Code of Ordinances. Boardmember Sharpless moved that this case be set for hearing on September 4, 1990. Boardmember Goldsbury seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for The motion was therefore passed and adopted and the case was set for hearing on September 4, 1990. Case No. 90-013, Robert O�Sullivan, 320 River Drive: Violation of Chapter 6, Article V, Standard Housing Code, Section 103.2.1 as adopted by Ordinance No. 395, Village Code of Ordinances. Boardmember Goldsbury moved that this case be set for hearing on September 4, 1990. Vice-Chairman Brienza seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for The motion was therefore passed and adopted and the case was set for hearing on September 4, 1990. Code Enforcement Board Meetinq Minutes Auqust 7, 1990 PSqe 5 -------------------------- VII. OLD BUSINE88 Steve Kennedy, at the Board's request, gave an update of all Code Enforcement cases to date: o Case 90-0001 - Bobbie Robino - dismissed because of compliance; o Case 90-0002 - Pantlin Associates, for dumpster screening, given 21 days to comply, with a fine of $25.00/day each day thereafter if compliance is not met. Compliance has not yet been met. Six months of running fines will expire 8/30/90, at which time, the Board should take action to pursue filing a lien against Pantlin Associates. o Case 90-0003 - Majik Market - dismissed because of compliance; o Case 90-0004 - Lighthouse Plaza - dumpster violation. No compliance, fine still running; o Case 90-0005 - Colonial Motel - dismissed because of compliance; o Case 90-0006 - Lord Chumley's Pub - sign violation; Board found not to be in violation. o Case 90-0007 - Village Square - dumpster screening; compliance met within timeframe; o Case 90-0008 - 399 Cypress Drive - dumpster violation; case dismissed because of compliance; o Case 90-0009 - House on Seabrook - overgrown grass and weeds; compliance met within timeframe; o Case 90-0010 - Pipoly Case still pending. The CEO recommended that the Board pursue filing a lien against Pantlin Associates for lack of compliance and causing the fine to run six months. Boardmember Goldsbury moved that a lien should be filed for the six months of fines running against Pantlin Associates, following the recommended procedure by Counsel, authorizing Counsel to take subsequent steps when appropriate to enforce or foreclose the lien. Boardmember Sharpless seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim 6oldsbury - for T�illiam Sharpless - for The motion was therefore passed and adopted. , . � : Code Enforcement Board Meetinq Minutes Auqust 7, 1990 Paqe 6 -------------------------- VIII. ANY OTHER MATTERS A) Chairman Frank inquired as to the status of Lord Chumley's Pub. The CEO explained they are not in business, though their occupational license is not expired. They have shown no intent to restart the business. The Clerk of the Board reminded the Board that there was an earlier question as to whether to reinvestigate this case. The business has been closed 9-10 months. B) Boardmember Sharpless suggested that the Board should receive monthly, along with the Agenda, a list of pending cases, with a brief comment as to the status, as well as a copy of the Code being violated. He also felt the fines were set too low for the dumpster violations. Attorney Monahagn stated that should be taken into consideration for future cases, but its best to leave the present case fines set as originally decided. C) The Board was concerned that the Code being violated in the Pipoly case did not properly address the violation, because of the language in the Ordinance. Boardmember Sharpless suggested that the Board recommend to Council to adopt an Ordinance that would ,cover specifically clutter removal from residences for aesthetic purposes as well as health and safety purposes. .. 7 � . • , Code Enforcement Board Meetinq Minutes Auqust 7, 1990 Paqe 7 -------------------------- I7C. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 8:30 P.M. Respectfully submitted, ��f'ZQi�I.- �y�GGG�o Fran Bitters Recording Secretary ATTEST: ��':�1.s VJ • �QU� Scott D. Ladd Clerk of the Board DATE APPROVED: ��4��d