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HomeMy WebLinkAboutMinutes_Miscellaneous_10/02/1990_Code Enforcement Board v � VILLAGE OF T�QUESTA � �,, 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 O C T O B E R 2, 1 9 9 0 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Code Enforcement Board held a regularly scheduled meeting at Lighthouse Gallery, 373 Tequesta Drive, Tequesta, Florida, on Tuesday, October 2, 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, Tim Goldsbury, and William Treacy. Boardmembers Foelsch, Ritter, and Sharpless were not in attendance. Steve Kennedy, Code Enforcement Officer, Scott D. Ladd, Clerk of the Board and Village Attorney, John C. Randolph, Esquire, were also in attendance. II. APPROVAL OF PREVIOUS MEETING MINUTES (September 4, 1990) Boardmember Goldsbury moved to approve the above-referenced Meeting Minutes as submitted. Vice-Chairman Brienza seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for The motion was passed and adopted and the September 4, 1990 Meeting Minutes were approved as submittecl. 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 October 2, 1990 Page 2 -------------------------- IV. IINFINISHED BIISINE83 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, Code Enforcement Officer, (CEO), explained that Mr. Pipoly's property is now found to be in compliance. Materials are no longer openly stored. The CEO recommended that the case now be dismissed. Boardmember Goldsbury moved that the above-referenced property was found to be in violation through the last two CEB meetings, and that the Board now find the property to be in compliance, and no further action will be taken. Boardmember Treacy seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for Nilliam Treacy - for The motion was therefore passed and adopted. Code Enforcement Board Meetinq Minutes October 2, 1990 PSqe 3 -------------------------- Case No. 90-014. Jose Li Donni, 76 Willow Road: Violation of Appendix A, Zoning, Section X(A)(5)(a) as adopted by Ordinance No. 361, Village Code of Ordinances. The CEO stated that it was found that Mr. Li Donni was involved in alleged operation of automotive repair in a non- commercially zoned district. To some degree, a business is being conducted from this address. He read to the Board six police reports made in response to complaints made by neighbors: 1. February 17, 1990 - Five cars were parked at the residence. 2. July 16, 1990 - Defendant found performing automotive repair in his garage. 3. July 24, 1990 - Ford van in garage with the hood up. 4. August 1, 1990 - 5everal different cars found on the premises. 5. August 16, 1990 - A tow truck dropped of a car for repairs. 6. September 27, 1990 - Mr. Li Donni found working on vehicles in his garage. The CEO pointed out he had visited Mr. Li Donni on several occasions. He also displayed an ad advertising a mechanical repair service previously located on Toney Penna Drive, owned and operated by Mr. Li Donni. That business went out of business the first of 1990, right about the time complaints were arising about Mr. Li Donni doing mechanical repairs in his garage at his residence. Michelle Connelly, 72 Willow Road, was sworn in by the Clerk of the Board, and testified against Mr. Li Donni. She stated she has witnessed mechanical repair work being done at Mr. Li Donni's residence, almost on a daily basis. She has also witnessed several people helping with the work. She guessed at least 30 cars had been worked on there this year. Code Enforcement Board Meetinq Minutes OCtober 2, 1990 Paqe 4 -------------------------- Lawton Alberqo, 63 Willow Road, was sworn in by the Clerk of the Board, and presented two pictures to the Board for evidence showing 1) a Snap On Tools truck parked in Mr. Li Donni's driveway, and 2) a tow truck dropping off a car at Mr. Li Donni's residence. Mr. Albergo stated he had seen mechanical repair work taking place at Mr. Li Donni's residence, and would guess that 30-40 cars have been repaired there this year. The CEO stated he had also looked inside the garage and discovered it is completely stocked like a parts store, including heavy duty repair equipment (jacks, etc.) for automotive repair. Jose Li Donni, was sworn in by the Clerk of the Board, and testified on his own behalf that though he did do some work initially in his garage, that no longer takes place. He now only gives repair advice to his friends. The reason the Snap On Tool truck was at his residence is because he has an account with Snap On Tools. He does have equipment in his garage since it is left over from the sale of his business on Toney Penna Drive. Mr. Li Donni admitted into evidence three letters from three different friends of his stating that Mr. Li Donni gives them repair advice only for their cars, and does not charge them for that advice. The CEO recommended that in light of the evidence presented against Mr. Li Donni, the Board find he has established an automotive repair business at 76 Willow Road, and order him to cease and desist immediately. If he does not do so immediately, he recommends Mr. Li Donni be charged a$100 per day fine until he does cease and desist. The Board determined there was clearly a violation of the above-referenced Code. Boardmember Treacy moved that Mr. Li Donni cease and desist immediately from operating an automotive repair business at 76 Willow Road, and that he be fined $100 per day if he does not come into compliance immediately. Vice Chairman Brienza seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for The motion was therefore passed and adopted. Code Enforcement Board Mee�inq Minutes OCtober 2, 1990 Paqe 5 -------------------------- Mr. Li Donni asked if he would be found in violation if there were a number of cars at his house or if a car was found there with the hood up. Attorney Randolph explained that the point of the motion was that he could not work on other people's cars at this property and that a number of cars parked there or a car with its hood up would not necessarily be a violation concerning the subject of tonight's hearing. Case No. 90-015, Tequesta Associates Ltd. Partnership, 542 U.B. HiQhwav One, North, (County Line Plaza), Bagel Emporium: Violation of Ordinance No. 355, as amended, Section No. XII, Sign Regulations, Subsection N, Paragraph 2. The CEO explained the violation was a failure to remove a sign after a business has "gone out of business". A Violation Notice was sent to Tequesta Associates Ltd. on September 7, 1990, with a proof of receipt dated September 10, 1990. Tequesta Associates responded by letter dated September 12, 1990 stating they would have their contractor remove the sign. A picture of the sign was taken on October 2, 1990 showing the sign still in place. The CEO recommended that the Board find Tequesta Associates to be in violation, with an order for them to remove the sign in 10 days or be charged a$50.00 per day fine for every day after those ten days that the sign is not removed. Boardmember Treacy moved that Tequesta Associates Ltd. Partnership was in violation, that the sign be removed in ten days from October 2, 1990, after which a$50.00 per day fine would take place until compliance is met. Boardmember Goldsbury seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for The motion was therefore passed and adopted. Code Enforcement Board Meetinq Minutes OCtOber 2, 1990 Paqe 6 -------------------------- Case No, 90-016, LiQhthouse 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. The CEO stated that since there is no representative for Lighthouse Plaza Associates, Ltd. present at this meeting and proof of receipt of Violation Notice has not been received, his recommendation was that this issue be tabled until the next Code Enforcement Board Meeting on November 7, 1990 at 7:30 until Lighthouse Plaza Associates, Ltd. could be effectively served. Boardmember Treacy moved that Case No. 90-016 be tabled until the November 7, 1990 Code Enforcement Board Meeting. Vice- Chairman Brienza seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for The motion was therefore passed and adopted. Case No. 90-017, LiQhthouse Plaza Associates, Ltd., 177 207 Tequesta 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 stated that since there is no representative for Lighthouse Plaza Associates, Ltd. present and proof of receipt of Violation Notice has not been received, his recommendation was that this issue be tabled until the next Code Enforcement Board Meeting on November 7, 1990 at 7:30 until Lighthouse Plaza Associates, Ltd. could be effectively served. Boardmember Treacy moved that Case No. 90-017 be tabled until the November 7, 1990 Code Enforcement Board Meeting. Vice- Chairman Brienza seconded the motion. The vote was: Chairman William Frank - for Paul Brienza - for Tim Goldsbury - for William Treacy - for The motion was therefore passed and adopted. Code Enforcement Board Meetinq Minutes October 2, 1990 Paqe 7 -------------------------- VI. PRESENTATION OF NEW CASES TO SET FOR HEARINGS: Case No. 90-018, Tareq Rahook, 3top & Shop Food 3tores, Inc., 391 Seabrook Road: Violation of Chapter 7, Section 7-3(c) Village Code of Ordinances. The CEO recommended that the above-referenced case be set for hearing on November 7, 1990 at 7:30 p.m. Boardmember Treacy moved that the above-referenced case be set for hearing on November 7, 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 Treacy - for The motion was therefore passed and adopted. VII. OLD BUSINESS Boardmember Goldsbury asked regarding the status of Case No. 90-012, Thomas J. Vaughn, heard at the last CEB Meeting. The CEO stated Mr. Vaughn has made progress and is probably now in compliance but he would check to be certain. _ ,.-. Code Enforcement Board Meetinq Minutes October 2, 1990 Paqe 8 -------------------------- VIII. ANY OTHER MATTERS It was Attorney Randolph's suggestion that the Board shorten the length of time allowed for a case to come into compliance to perhaps 20 days instead of 30 days, thereby causing it to be brought up at the following CEB Meeting in a more timely manner. IX. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 8:40 P.M. Respectfully submitted, \��_/ / E��� �-�Gw'�4 Fran Bitters Recording Secretary ATTEST: ���t �o. a�� Scott D. Ladd Clerk of the Board DATE APFROVED: /l � / J I �