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HomeMy WebLinkAboutMinutes_Miscellaneous_06/04/1991_Code Enforcement Board � � ., , VILLAGE OF TEQUESTA " r,, BUILDING �EPARTMENT � 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 J II N E 4, 1 9 9 1 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, June 4, 1991. The meeting was called to order by Chairman William Frank at 7:33 P.M. Code Enforcement Board members present were: Chairman William Frank, William Sharpless, Tim Goldsbury, Mitchell Miller, William Treacy, Gordon Ritter, and Paul Brienza. Steve Kennedy, Code Enforcement Officer, Scott Ladd, Clerk of the Board, and John C. Randolph, Village Attorney, were also in attendance. II. APPROVAL OF AGENDA The Agenda was approved as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES (May 7, 1991) Boardmember Treacy moved to approve the above-referenced Meeting Minutes as submitted. Boardmember Sharpless seconded the motion. The vote was: Chairman William Frank - for William Sharpless - for Tim Goldsbury - for William Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was passed and adopted and the May 7, 1991 Meeting Minutes were approved as submitted. , 'ti . Code Enforcement Board Meetinq Minutes June 4, 1991 Paqe 2 -------------------------- IV. SWEARING IN OF CODE ENFORCEMENT OFFICER Steve Kennedy, Code Enforcement Officer, was sworn in by Scott Ladd, Clerk of the Board. V. PUBLIC HEARING3 1) Case No. 91-05: W.A. & Hattie I. Siegel, 498 Dover Road, Tequesta. Violation of Chapter 10, Article II, Health and Sanitation, Section 10-17 and 10-18 as adopted by Ordinance 196, Village Code of Ordinances. Scott Ladd, Clerk of the Board, received a letter on June 3, 1991, from Mr. and Mrs. Siegel filing a Motion to Dismiss with the statement that Mrs. Siegel was not properly notified and that the Village did not follow due process of law. Scott Ladd swore in Hattie Siegel. Mrs. Siegel asked Attorney Randolph to explain the meaning of "fundamental due process" as referred to in Village Ordinance No. 196, and presented as evidence color photographs of the property filed as Exhibit A and Exhibit B. Attorney Randolph explained that fundamental due process simply meant that a person must be afforded all rights relating to due process, which would entail the Notice, right to confront witnesses, right to cross-examination, violators right to have witnesses sworn in, etc. It does not necessarily mean that the formal rules of evidence that would be followed in a court of law would have to be followed here. The Code Enforcement Officer (CEO) stated Notices of Violation were sent in May and October 1990, and again on May 10, 1991, reflecting Mr. Siegel's signature as recipient (these were sent to the address where Mr. & Mrs. Siegel both live; the CEO telephoned Mrs. Siegel in South Carolina as well. He felt Mrs. Siegel's presence here this evening was also proof of notification. Attorney Randolph stated that based on the CEO's statement and the presence of the Siegel's at this hearing, proceedings should move forward. . Code Enforcement Board Meetinq Minutes June 4, 1991 Paqe 3 -------------------------- The CEO presented as evidence the Notice of Violation dated April 12, 1991 with proof of receipt dated April 19, 1991, signed by Hattie Siegel, the Notice of Hearing dated May 10, 1991 with proof of receipt dated May 15, 1991, as well as videos showing the area in violation which were filmed on April 24, 1991 and May 10, 1991. Color photographs were also presented which were taken on April 11, 1991. He explained the intent of the Code is to ensure regularly maintained property. Existent on this premises were large quantities of dead plant life and excessive accumulation of such. This property has a history of violation dating back to 1984 because it has not been regularly nor routinely maintained. Neighbors have complained of the property's unkept appearance and the fact that the property harbors rats. The Health Department was contacted, who inspected the property and reported that they saw "no overt evidence of rat infestation, although there may possibly be rodents in and around the property." The Health Department Report dated April 19, 1991 was presented into evidence. Mr. Siegel was sworn in and then cross-examined the CEO asking him to define "weeds", and stated that what was being called weeds was actually plants. The CEO explained he was no botanist and the Code is not intended to identify individual items, but instead intended to set down some general rules to prohibit groundcovers from growing more than 12 inches. The photographs dated April 11, 1991 presented into evidence show a lot of groundcover over 12 inches. Wade Griest, 494 South Dover Road, neighbor of the Siegel's, was sworn in as a witness. Mr. Griest stated the property in violation has never been properly and regularly maintained, he has seen rats on the property four times over the past year, killing one. He stated further there are weed, grass and undergrowth on the property exceeding 12 inches in height, lowering the economic welfare of surrounding homes. Mr. Griest presented into evidence a Petition signed on April 12, 1991 by 16 surrounding neighbors, with complaints against the property in question. He also stressed that Village Records reflect five citations in two years against said property, as well as four police reports. Mr. Griest stated that overgrowth from the neighboring property spilled over into his yard, destroying some of his grass, as well as causing his new rain gauge inoperable having been covered by some of the growth coming through the fence. • T�� Code Enforcement Board Meetinq Minutes June 4, 1991 Paqe 4 -------------------------- Mr. Siegel explained that any growth which was protruding through the fence has now been eliminated. Mr. Siegel presented into evidence color photographs of his property, Ordinance 376 (two copies, one dated 7/13/89 and one 7/6/89), Ordinance 416 (dated 11/9/90), and a packet of Wild Flower seeds to show examples of plants in his yard. Mr. Siegel felt there were conflicts in dates of adoption of the Ordinances presented as evidence. The CEO summarized by saying the videos, photographs, and Mr. Griest's testimony prove there has been undergrowth in excess of 12 inches in height on the property, the video shows an excessive accumulation of dead plant life, and Section 10-16 of the Health and Sanitation Code points out that uncontrolled plant life tends to cause infestation by rodents and other wild animals, the breeding of mosquitoes and vermin, etc. As of today, the undergrowth which was in excess of 12 inches is in compliance. The existing violation is excessive accumulation of dead plant life and the CEO recommended that the Board find that the property was in violation at the time of taping the video. The CEO also recommended that the Board not only find a violation at the time of filming but that a fine be imposed upon any future violations. Attorney Randolph explained that the Board should be looking at whether the violation existed at the time of the Notice of Violation. The mere fact that the violation was corrected prior to the hearing does not preclude the Board from making a determination that a violation did exist. The reason for doing this would be that in the event a violation ever existed again, a fine could be assessed without Mr. Siegel having to appear before the Board again. , , ,#, Code Enforcement Board Meetinq Minutes June 4, 1991 Paqe 5 -------------------------- Boardmember Sharpless moved that the Board find there was untended growth of weeds and undergrowth in excess of 12 inches in height on the date of Notice of Violation. Boardmember Treacy seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for Tim Goldsbury - for william Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was passed and adopted. Boardmember Ritter moved that in the event a violation ever existed again, a fine of $10.00 per day be assessed until the property comes into compliance. There was no second. Boardmember Treacy moved that in the event of a repeat violation of excessive growth over 12 inches, a fine of $25 per day from the date of Notice be imposed until compliance is met. Boardmember Sharpless seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for Tim Goldsbury - for William Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was passed and adopted. � , �,a. Code Enforcement Board Meetinq Minutes June 4, 1991 Paqe 6 -------------------------- Boardmember Sharpless moved to table the allegation of the violation regarding excessive accumulation of dead plant life until the next Code Enforcement Board meeting. Boardmember Treacy seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for Tim Goldsbury - for William Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was passed and adopted. Boardmember Goldsbury moved that the Board find the property owner in violation pursuant Section 10-17 relating to untended growth of weeds and undergrowth. Boardmember Ritter seconded the motion. The vote on the motion was: Chairman Ailliam Frank - for William Sharpless - against Tim Goldsbury - for William Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - against The motion was passed and adopted. Code Enforcement Board Meetinq Minutes June 4, 1991 P$qe 7 -------------------------- Boardmember Ritter moved that in the event of a repeat violation of untended growth of weeds and undergrowth pursuant to Section 10-17, a fine of $25 per day from the date of Notice be imposed until compliance is met. Boardmember Goldsbury seconded the motion. The vote on the motion was: Chairman William Frank - against William Sharpless - against Tim Goldsbury - for William Treacy - against Mitchell Miller - for Gordon Ritter - for Paul Brienza - against The motion therefore did not pass. 2) Case No. 91-06: Paul N. Pipoly, 81 Camelia Circle, Tequesta. Violation of Chapter 6, Article V, Standard Housinq Code, Section 307.4 as adopted by Ordinance No. 395, Villaqe Code of Ordinances. The CEO reminded the Board that this case was before them last year also. The problem has resurfaced again. He showed a video tape taken on April 19, 1991 and again on April 26, 1991, showing openly stored building supplies, rubbish, etc., which is in violation of the above-referenced Code. A Notice of Violation was sent to the property owner on April 12, 1991 with a proof of receipt dated April 16, 1991. The Notice of Hearing was sent on May 10, 1991 with proof of receipt on file. The Board viewed the video involving this case, which clearly showed an openly stored aluminum box, lumber, cement blocks and tar balls. �1 Code Enforcement Board Meeting Minutes June 4, 1991 Paqe 8 -------------------------- Mrs. Pipoly was sworn in. She explained that her husband was very ill and very old, that he wanted to cooperate but the Village needed to be more explicit about what items are actually in violation. Boardmember Sharpless questioned Mrs. Pipoly as to the purpose of the tar balls. Mrs. Pipoly responded that they were not yet disposed of because they were too heavy to move. She further explained that the stacked cement blocks were serving as a wall to keep the sand from eroding into their neighbor's yard. The CEO explained that if it is to serve as a wall, permits must first of all be obtained and it would need to comply with the Village Codes. Stacking it does not constitute a wall. Mr. Wayne Long, a friend of the Pipoly family, stated he would volunteer to help bring the property into compliance, as long as the Village was specific as to the items which are in violation. Boardmember Treacy stated that with the extenuating circumstances, since Mr. Pipoly is sick and efforts have been made to comply, he moved that violations which have been found, as specified by the Code Enforcement Officer, need to be removed to comply with Village Codes, and if not done within seven days from this meeting, a fine of $25/day will ensue until compliance is met. Boardmember Sharpless seconded the motion. Boardmember Treacy amended his motion to reflect that if the aluminum box referred to as being in violation is used for recyclable materials, then that item be deleted from the list of items in violation. Boardmember Sharpless seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for Tim Goldsbury - for William Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was therefore passed and adopted. The CEO recommended that since these types of violations have been a historical problem with the above-referenced property, that the Board make a motion to handle future violations more expeditiously. Code Enforaement Board Meetinq Minutes June 4, 1991 Paqe 9 -------------------------- Boardmember Sharpless moved that the property be found in violation regarding open storage of building materials, and similar items, that they were in violation on date of Notice, and if found in violation in the future, a fine of $25/day be assessed against the property until the property comes into compliance. Boardmember Miller seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for Tim Goldsbury - for William Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was therefore passed and adopted. 3) Case No. 91-07: 3tephen C. Sheaffer, Victoria A. Sheaffer, 57 Golfview Drive, Tequesta. Violation of Chapter 10, Article II, Health and Sanitation, Section 10-17 and 10-18 as adopted by Ordinance 196, Villaqe Code of Ordinances. The CEO explained that this is a case of an overgrown yard at the Sheaffer residence. Notice of Violation via Registered Mail was sent, unaccepted by Mr. Sheaffer; therefore, the Tequesta Police Department hand-delivered the Notice of Violation and Notice of Hearing to Mr. Sheaffer who, upon receipt, tore up the Notice in the presence of the Police Officer. A police report by Officer Poole dated April 26, 1991, reflecting delivery of the Notice of Violation dated April 26, 1991, and a police report by Officer Massey dated May 19, 1991 reflecting delivery of the Notice of Hearing dated May 10, 1991, were submitted into evidence. A video tape taken on April 10, 1991 showing growth over 12 inches in height was also submitted into evidence. There was no one in attendance in representation of this case. The CEO recommended that the property is presently in compliance, that it be found in violation on the date of Notice of Violation, and that a fine be imposed upon any future violation. , ,,. ,+ Code Enforcement Board Meetinq Minutes June 4, 1991 Paqe 10 -------------------------- Boardmember Treacy moved that the property be found to be in violation on the date of Notice of Violation. Boardmember Ritter seconded the motion. The vote on the motion was: Chairman Ailliam Frank - for William sharpless - for Tim Goldsbury - for William Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was therefore passed and adopted. Boardmember Treacy moved that if the property should be found to be in violation on a future date, that a fine of $25/day be imposed until the property comes into compliance. Boardmember Sharpless seconded the motion. Boardmember Ritter recommended that in light of Mr. Sheaffer's response to the hand-delivered Notices, a fine of $50/day would be more appropriate. Boardmember Treacy amended his motion to reflect a fine of $50/day. Boardmember Sharpless seconded the motion. The vote on the motion was: Chairman William Frank - for William sharpless - for Tim Goldsbury - for william Treaay - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was therefore passed and adopted. . �} ., •� I Code Enforcement Board Meetinq Minutes June 4, 1991 Page 11 -------------------------- VI. PRESENTATION OF NEW CASES TO BE SET FOR HEARINGS 1) Case No. 91-08 - W.A. & Hattie I. Siegel, 498 Dover Road, Tequesta. Violation of Chapter 6, Article II, Section 6-22, Model Countywide Administrative Code for Buildinq, Section 103.1.1(5), Permits, as adopted by Ordinance 395, Villaqe Code of Ordinances. 2) Case No. 91-09 - Stephen C. Sheaffer, Victoria A. Sheaffer, 57 Golfview Drive, Tequesta. Violation of Chapter 6, Article V, standard Housinq Code, Section 305.2, 305.3.2, and 305.11.1, as adopted by Ordinance 395, Village Code of Ordinances. The Code Enforcement Officer recommended that all of the above-referenced cases be set for hearing on July 2, 1991 at 7:30 p.m. Boardmember Goldsbury moved that all of the above-referenced cases be set for hearing on July 2, 1991 at 7:30 p.m. Boardmember Treacy seconded that motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for Tim Goldsbury - for William Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was therefore passed and adopted. VIII. UNFINISHED BUSINESS There was no unfinished business. ,-v . .� Code Enforcement Board Meetinq Minutes June 4, 1991 Paqe 12 -------------------------- IX. ANY OTHER MATTERS There were no other matters before the Board. IX. ADJOURNMENT Boardmember Goldsbury moved to adjourn the meeting. Boardmember Treacy seconded that motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for Tim Goldsbury - for william Treacy - for Mitchell Miller - for Gordon Ritter - for Paul Brienza - for The motion was therefore passed and adopted and the meeting was adjourned at 10:15 p.m. Respectfully submitted, ` �� �O�.C�t4 Fran Bitters Recording Secretary ATTEST: � 6 . � Scott D. Lad Clerk of the Board DATE APPROVED: � �''� ��/