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HomeMy WebLinkAboutMinutes_Miscellaneous_09/05/1990_Code Enforcement Board v VILLAGE OF TEQUESTA " �., 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 II T E S S E P T E M B E R 5, 1 9 9 0 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Code Enforcement Board held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, September 4, 1990. The meeting was called to order by Chairman William Frank at 7:50 P.M. Code Enforcement Board members present were: Chairman William Frank, Vice-Chairman Paul Brienza, William Sharpless, Gordon Ritter and Tim Goldsbury. Boardmembers William Treacy and Foelsch were not in attendance. Steve Kennedy, Code Enforcement Officer, and Scott D. Ladd, Clerk of the Board and Village Attorney, John C. Randolph, Esquire, were also in attendance. II. APPROVAL OF PREVIOUS MEETING MINUTES (August 7, 1990) Boardmember Sharpless suggested the following change: Under Item VIII. ANY OTHER MATTERS, Section C) , last sentence should read as follows: "Boardmember Sharpless suggested that the Board recommend to Council to adopt an Ordinance that would clearly not be limited to abandoned items and would cover specifically clutter removal from residences for health and safety as well as aesthetic purposes." Boardmember Goldsbury moved to approve the above-referenced Meeting Minutes as amended. Vice-Chairman Brienza seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for Gordon Ritter - for The motion was passed and adopted and the August 7, 1990 Meeting Minutes were approved as amended. Code Enforcement Board Meetinq Minutes September 4, 1990 Paqe 2 -------------------------- III. SWEARING IN OF CODE ENFORCEMENT OFFICER Steve Kennedy, Code Enforcement Officer, was sworn in by Scott D. Ladd, Clerk of the Board. IV. UNFINISHED BIISINESS There was no unfinished business. V. PIIBLIC HEARINGS 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 that this case was heard at the last CEB Meeting, allowing the time between last meeting and now for Mr. Pipoly to come into compliance. Mr. Pipoly has made slow, but steady, progress. The majority of the violation area has been cleaned up, but there remains some areas yet in violation. A video tape was played showing those areas. The Code Enforcement Officer (CEO) explained that Mr. Pipoly is working on the problem, but his progress is slow due to his recent health problems. The CEO recommended that the Board give Mr. Pipoly 30 days to come into compliance and complete the cleanup, based on Mr. Pipoly's cooperation and physical condition. Mr. Pipoly, after being sworn in by Scott D. Ladd, Clerk of the Board, stated that he can and will put the remaining items yet in violation inside his garage. Boardmember Sharpless moved that Mr. Pipoly be extended another 30 days to come into compliance. Boardmember Goldsbury seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for Gordon Ritter - for The motion was therefore passed and adopted. Code Enforcement Board Meetinq Minutes September 4, 1990 Paqe 3 -------------------------- 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. The CEB explained that this is a violation of open storage on residential property, of which a video tape was shown for the Board's review. Notice was sent to the property owner on May 8, 1990, with the owner receiving that Notice on May 9, 1990. Property owner Thomas J. Vaughn was in attendance. Mr. Vaughn was sworn in, and stated that the materials on the vacant lot were building materials intended to be used in building, and that he did not understand the Code which finds him in violation. Scott Ladd, Clerk of the Board, clarified to Mr. Vaughn that if he had a Permit to build a house there on that empty lot, his materials would be allowed while that house is being built. However, after the house is built, or if it is just an empty lot with no active Building Permit, then those materials could not be stored there. Mr. Vaughn explained he did not understand that prior to this point and stated further he would move those materials. The CEB recommended to the Board that Mr. Vaughn be given 30 days to come into compliance, after which time a$25.00/day fine would ensue if compliance is not met. The Board determined the property to clearly be in violation of the above-referenced Code. Boardmember Goldsbury moved that Mr. Vaughn be given 30 days to come into compliance, after which time a$25.00/day fine would be charged for every day the property is not in compliance after those 30 days. Boardmember Ritter seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for Gordon Ritter - for The motion was therefore passed and adopted. Code Enforcement Board Meetinq Minutes September 4, 1990 Page 4 -------------------------- 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. The Code Enforcement Officer explained that the swimming pool at 320 River Drive has remained un-maintained, in violation of the above-referenced Code, which requires that all buildings or structures be maintained. The pool equipment appeared to be in bad repair and perhaps even inoperable, with the pool water appearing dark green with a food chain inhabitant in the water. Notice was sent to the property owner on May 15, 1990 with proof of receipt dated May 17, 1990. A video tape of the area in violation was presented for the Board's review. The CEO recommended that the property owner be given fifteen (15) days to come into compliance, with a$25/day fine to ensue if compliance is not met in fifteen (15) days. The property owner was not in attendance at this meeting. The CEB explained he had received a telephone call from Mr . O' Sul l ivan on August 16 , at which time Mr . O' Sul l ivan explained that the property is in foreclosure and that he felt he had received his investment's worth out of the house. The Board determined the swimming pool was in violation of the above-referenced Code. Boardmember Sharpless moved that the property owner be given fifteen (15) days to come into compliance, with a$25/day fine to ensue if compliance is not met within fifteen (15) days. Boardmember Ritter seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for Gordon Ritter - for The motion was therefore passed and adopted. In light of the property owners August 16 telephone conversation with the CEO and his seeming intention not to bring the pool into compliance, Vice-Chairman Brienza moved that the motion be amended to reflect that the daily fine be changed to $50/day from $25/day. There was no second to that motion. Code Enforcement Board Meetinq Minutes September 4, 1990 Paqe 5 -------------------------- Boardmember Sharpless asked if it would be a good idea, since this property is in foreclosure, to notify the Mortgage holder regarding the violation. Attorney Randolph concurred it would be a good idea and that it could be done administratively. VI. PRESENTATION OF NEW CASES TO SET FOR HEARINGS: Case No. 90-014, Jose LiDonni, 76 Willow Road: Violation of Appendix A, Zoning, Section X(A)(5)(a) as adopted by Ordinance No. 361, Village Code of Ordinances. Case No. 90-015, Tectuesta Associates Ltd.. Partnership, 542 U.B. Hicrhwav One, North (County Line Plaza), Baqel Emporium: Violation of Ordinance No. 355, as amended, Section No. XII, Sign Regulations, Subsection N, Paragraph 2. Case No. 90-016, Licrhthouse Plaza Associates, Ltd. , 177-207 Tequesta Drive: Violation of Chapter 6, Article II, Section 6-22, Model Countywide Administrative Code, for Building Section 101.3.5, Maintenance, as adopted by Ordinance No. 395, Village Code of Ordinances. Case No. 90-017, Licththouse Plaza Associates, Ltd. , 177-207 Tectuesta Drive: 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. The CEO recommended that all of the above-referenced cases be set for hearing on October 2, 1990 at 7:30 p.m. Vice- Chairman Brienza moved the all of the above-referenced cases be set for hearing on October 2, 1990 at 7:30 p.m. Boardmember Goldsbury seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for Gordon Ritter - for The motion was therefore passed and adopted. Code Enforcement Board Meetinq Minutes September 4, 1990 Paqe 6 -------------------------- VII. OLD BUSINESS Case No. 90-002, Pantlin & Associates D/B/A County Line Plaza, 500 U.S. Hiqhway One, North. Request that Code Enforcement Board direct the Village Attorney to properly file for lien on Case No. 90-002, 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. Scott Ladd stated this case involves a$25/day fine which has been running for six (6) months. The Board was previously advised that at the end of six months' fine, they should file for lien. Boardmember Ritter moved that the Code Enforcement Board direct the Village Attorney to properly file a lien against Pantlin & Associates for the above-referenced violation. Boardmember Goldsbury seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Sharpless - for Gordon Ritter - for The motion was therefore passed and adopted. VIII. ANY OTHER MATTERS A) Scott Ladd mentioned that two of the Boardmembers' (Ritter and Foelsch) terms expire this month, and it was needed to discover whether each of the two were interested in serving another term. Mr. Foelsch was not in attendance, but Mr. Ritter who was in attendance stated he would be willing to be reappointed. Mr. Ladd informed the Board he would contact Mr. Foelsch to inquire as to whether he would be willing to be reappointed, and if so, present both names before the Village Council for reappointment. Code Enforcement Board Meetinq Minutes September 4, 1990 Paqe 7 -------------------------- B. Lou Ann Hinds, President, Tequesta Homeowners Association, and Lt. Mullen, a resident of Tequesta Pines, were in attendance to witness first-hand the function of the Code Enforcement Board and to ask why the requests for attention to code enforcement violations in the Pines had not yet been responded to. Attorney Randolph explained that the Code Enforcement Board does not sit to initiate action on violations. That is done through the Code Enforcement Officer. The Board acts as a quasi-judicial body to hear allegations which come before them from the CEO. Since Mrs. Hinds states she has reported to the CEO before with no results, it was obvious that communications needed to be improved or find out why enforcements are not being followed up. IX. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 8:40 P.M. Respectfully submitted, �j2��- - Fran Bitters Recording Secretary ATTEST: �P,� J0� �°��� Scott D. Ladd Clerk of the Board DATE APPROVED: ��' �' 7 �