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HomeMy WebLinkAboutMinutes_Special Master_07/02/1991 . 4 � � VILLAGE OF TEQUESTA ' r., BUILDING DEPARTMENT � Post Office Box 3273 • 357 Tequesta Drive � Tequesta, Florida 33469-0273 • (407) 575-6220 y 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 U L Y 2, 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, July 2, 1991. The meeting was called to order by Chairman William Frank at 7:30 P.M. Code Enforcement Board members present were: Chairman William Frank, William Sharpless, Mitchell Miller, William Treacy, Jeffrey Vorpagel and Vice Chairman Paul Brienza. Steve Kennedy, Code Enforcement Officer, Scott Ladd, Clerk of the Board, and Attorney Pam McNierney filling in for Village Attorney John C. Randolph, were also in attendance. Attorney McNierney explained procedures for the benefit of the audience: The Code Enforcement Officer will present the evidence on behalf of the Village, then any witness and/or violators have an opportunity to rebut and put up a defense with a time limited to approximately l0 minutes for each case. II. APPROVAL OF AGENDA Scott Ladd, Clerk of the Board, mentioned that the terms of three Boardmembers (William Treacy, William Sharpless, and Tim Goldsbury) were about to expire and it was necessary to discover whether they would be willing to serve another term. Tim Goldsbury was not present. William Treacy and William Sharpless were in attendance and agreed to serve another term. . '' � Code Enforcement Board Meetinq Minutes July 2, 1991 Page 2 -------------------------- Boardmember Treacy moved to approve the Agenda as amended. Boardmember Sharpless seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for William Treacy - for Mitchell Miller - for Paul Brienza - for Jeffrey Vorpagel - for The motion was therefore passed and adopted and the Agenda was approved as amended. III. APPROVAL OF PREVIOUS MEETING MINUTES (June 4, 1991) Boardmember Sharpless moved to approve the above-referenced Meeting Minutes as submitted. Boardmember Treacy seconded the motion. The vote was: Chairman William Frank - for William Sharpless - for William Treacy - for Mitchell Miller - for Paul Brienza - for Jeffrey Vorpagel - for The motion was passed and adopted and the June 4, 1991 Meeting Minutes were approved as submitted. IV. SWEARING IN OF CODE ENFORCEMENT OFFICER Steve Kennedy, Code Enforcement Officer, was sworn in by Scott Ladd, Clerk of the Board. � •r • `. Code Enforcement Board Meetinq Minutes July 2, 1991 Page 3 -------------------------- V. PUBLIC HEARINGS 1) Case No. 91-05: W.A. & Hattie I. Sieqel, 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. 2) 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 Building, Section 103.1.1(5), Permits, as adopted by Ordinance 395, Village Code of Ordinanaes. Since the two above cases involved the same property and owners, the Board decided to take both cases simultaneously. W.A. & Hattie Siegel were sworn in. The CEO explained that case 91-05 was continued from last month regarding the excessive accumulation of dead plant life. Case 91-08 involves a structure erected (with approximate measurements of 12-16 feet long, 6 feet high, and 3-4 feet in width) without a building permit which contains an excessive accumulation of dead plant life. The CEO showed a video taken on May 10, 1991 depicting the excessive accumulation of dead plant life and the structure which was built without a building permit. A Notice of Hearing was sent to the Siegel's on June 18, 1991. Mr. 5iegel contended that the CEO previously informed him that a permit was not necessary to build a compost bin. The CEO contested that and stated further that a structure of this sort could not be built without a building permit. Mr. Siegel presented seven Exhibits into evidence: Exhibit 1- Letter dated May 13, 1991 to Mr. W.A. Siegel from the CEO - Notice of Violation. Exhibit 2- Letter dated May 18, 1991 to CEO from W.A. Siegel rebutting Notice of Violation Exhibit 3- Letter dated May 23, 1991 to Mr. Wilburt Siegel from CEO in answer to letter of rebuttal dated May 18, 1991. Exhibit 4- Letter dated May 31, 1991 to CEO from Wilburt Siegel requesting a copy of the Code being violated. . � Code Enforcement Board Meetinq Minutes July 2, 1991 Paqe 4 -------------------------- Exhibit 5- Letter dated June 5, 1991 to CEO from Wilburt A. Siegel accusing the CEO of obstructing justice and requesting a cancellation of the violation and upcoming Hearing. Exhibit 6- Letter dated June 18, 1991 to W.A. & Hattie I. Siegel from Scott Ladd, Clerk of the Code Enforcement Board re-affirming Notice of Violation and ordering the Siegel's to appear before the Code Enforcement Board for Hearing on July 2, 1991. Exhibit 7- Picture of compost bin dated May 4, 1991. Mr. Siegel read a lengthy dissertation which he called "Calendar of Events" depicting events of allegations against his property in chronological order. Hattie Siegel inquired as to the Motion to Dismiss which she had presented and an Affidavit with Exhibits. Attorney McNierney stated she was in receipt of an Affidavit regarding Cases 91-05 and 91-08 and a Motion to Dismiss for Case No. 91- 08 from Mrs. Siegel. Attorney McNierney read these into the Record. The Board acted on Counsel's determination at the last Code Enforcement Board Meeting that due process had been served and the Motion to Dismiss was denied. Boardmember Sharpless moved to deny the Motion to Dismiss. Boardmember Vorpagel seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for William Treacy - for Mitchell Miller - for Paul Brienza - for Jeffrey Vorpaqel - for The motion was therefore passed and adopted. Hattie Siegel presented into evidence a taped recording of a conversation she had with the CEO on April 29, 1991, where she claimed the CEO informed her no permit was necessary to build a compost bin. � � Code Enforcement Board Meetinq Minutes July 2, 1991 Paqe 5 -------------------------- Hattie Siegel stated that since the Ordinance which created the Code Enforcement Board has not yet been codified, she felt the cited violations of Section 10-17 and 10-18 were out of order. Attorney McNierney stated it does not matter whether the Ordinance has or has not yet been codified. It was passed by the Village Council; therefore, the Ordinance is a valid law within the Village of Tequesta. Everyone is notified when these Ordinances are passed, which constitutes sufficient notice. Though Mrs. 5iegel continued to contest the validity of the Code, Chairman Frank in�ormed her it was not the Board's position to qualify the Codes, but to see that they are enforced. Mr. Siegel asked to have Scott Ladd sworn in, so that he might question Mr. Ladd. Attorney McNierney swore in Mr. Ladd. Mr. Siegel asked Mr. Ladd if he remembered informing Mr. Siegel some time ago regarding the legality of a compost bin. Mr. Ladd stated he did not recall that. Mr. Ladd further explained that the Village has no Codes on composting, though one is presently in the works, and reminded Mr. Siegel that he was cited for failure to pull a permit for a structure. Mr. Ladd continued to explain that the present structure that Mr. Siegel has standing in his yard is an illegal structure and is in violation of the Building Code. If he were to submit for a Permit, that Permit would be denied. Mr. Siegel accused the CEO and the Clerk of the Board of previously lying to him. The CEO recommended that in Case No. 91-05, the Siegels be found in violation of Chapter 10, Article II, Health and Sanitation, Section 10-17 in that an excessive accumulation of dead plant life exists on the property, and that five days be given to come into compliance with a$100 per day fine for each day thereafter until compliance is met. • 't � Code Enforcement Board Meetinq Minutes July 2, 1991 Page 6 -------------------------- Boardmember Treacy moved to find a violation of Section 10- 17, an excessive accumulation of dead plant life, with five days to come into compliance with a$100 per day fine for each day thereafter until compliance is met. Boardmember Sharpless seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for William Treacy - for Mitchell Miller - for Paul Brienza - for Jeffrey Vorpagel - against The motion was therefore passed and adopted. The CEO recommended regarding Case No. 91-08 that the Board find a violation of Building Code Section 103.1.1(5) exists, that the structure was built without a permit and further recommends that the structure be dismantled within five days with a$100 per day fine for each day thereafter that compliance is not met. Boardmember Vorpagel moved to accept the Code Enforcement Officer's recommendation. Boardmember Treacy seconded the motion. Boardmember Sharpless suggested that the motion be amended to allow 30 days to come into compliance. Boardmember Vorpagel amended his motion accordingly. Boardmember Treacy seconded that amended motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for William Treacy - for Mitchell Miller - for Paul Brienza - for Jeffrey Vorpagel - for The motion was therefore passed and adopted. ,+ Code Enforcement Board Meetinq Minutes July 2, 1991 Paqe 7 -------------------------- 3) Case No. 91-09 - Stephen C. Sheaffer, Victoria A. Sheaffer, 57 Golfview Drive, Tequesta. Violation of Chapter 6, Article V, Standard Housinq Code, 3ection 305.2, 305.3.2, and 305.11.1, as adopted by Ordinance 395, Village Code of Ordinances. The CEO explained that since the property owner has refused Notices of Violation in the past, a Police Officer hand- delivered the Notice of Violation on April 26,1991, and introduced into evidence a Police Report dated April 26, 1991 stating the Notice of Violation was hand-delivered to Mr. Sheaffer. The Report reflects that Mr. Sheaffer read the Notice of Violation. The Notice of Violation gave 60 days to come into compliance. Notice of Hearing was sent on June 18, 1991, which was not accepted by Mr. Sheaffer. An attempt was made to hand-deliver Notice of Hearing to Mr. Sheaffer on July 1, 1991. Mr. Sheaffer personally refused to take the Notice of Hearing from the CEO. On July 2, 1991 Mr. Sheaffer came into the Building Department Office to speak with the CEO, and asked the CEO to tell the Board he did not intend to appear at the Hearing. Attorney McNierney stated it appears that the violator has received Notice of Hearing, and therefore it would be correct to proceed with the Hearing. The CEO explained that Mr. Sheaffer's residence is rapidly deteriorating, with little to no maintenance being done. The roof, which is very old, is starting to leak, and perhaps beyond its useful life. There remains in the back wall of the house a hole, open to the outside, where there was once an air conditioner; the garage portion of the roof has large holes through which the sky can be seen; the facia and soffit are displaying signs of deterioration (because the roof is leaking); much of the facia and soffit are rotted; the garage door is falling apart. The CEO recommended that the Board find Mr. Sheaffer in violation of all the Codes cited in the Notice of Violation, give him 30 days to complete repairs, with a$250 per day fine thereafter until compliance is met. �F Code Enforcement Board Meetinq Minutes July 2, 1991 Page 8 -------------------------- Vice Chairman Brienza moved to adopt the Code Enforcement Officer's recommendation. Boardmember Treacy seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for William Treacy - for Mitchell Miller - for Paul Brienza - for Jeffrey Vorpagel - for The motion was therefore passed and adopted. 4) Case No. 91-10 - Donald G. & Wanda F. Blauvelt, 83 Golfview Drive, Tequesta. Violation of Appendix A, Zoning, Section X(E)(5) as adopted by Ordinance 355, as amended, Village Code of Ordinances. On June 18, 1991 the CEO noticed that this property's front section of the fence, which surrounds the pool, was missing. Finding that to be an emergency, the CEO approached the property owner, Wanda Blauvelt, on June 18, presenting her with a copy of the Code Section being violated. Mrs. Blauvelt indicated she understood the violation. On June 25, 1991 a Notice of Hearing was hand-delivered to Mrs. Blauvelt. At that time Mrs. Blauvelt explained she had made arrangements to have that fence section replaced. A fence contractor has been contacted, and a permit for that repair has been issued by the Village Building Department. The job is expected to be done on July 3, 1991. It was Mrs. Blauvelt's desire not to appear at tonight's Hearing, but hand-delivered a letter to the CEO which was read into the Record by the Clerk of the Board. The letter explained Mrs. Blauvelt's contract with Pickett Fence Company to reinstall the missing section of her fence, and further explained the fence was previously removed to allow access of equipment to excavate and replace damaged septic lateral lines, damaged landscaping and sprinkler system. She requested a waiver for one additional week from July 2, 1991 to allow for completion of the repairs and requested a waiver for her personal appearance at the Hearing of July 2, as well as waiving of any f ines or additional fees . , r . Code Enforcement Board Meetinq Minutes July 2, 1991 Paqe 9 -------------------------- The CEO felt compliance would be met by July 3, 1991 and recommended that the Board find the Blauvelt's to be in violation, with 7 days to complete repairs and a$100 per day fine until compliance is met. Boardmember Treacy moved to adopt the Code Enforcement Officer's recommendation. Vice Chairman Brienza seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for William Treacy - for Mitchell Miller - for Paul Brienza - for Jeffrey Vorpagel - for The motion was therefore passed and adopted. VI. PRESENTATION OF NEW CASES TO SET FOR HEARINGS: 1. Case No. 91-11: Romanovich, Jairo A. & Zaida, Anqulo, 48 River Drive, Tequesta. Violation of Chapter 10, Health and Sanitation, Article II, section 10-17 and 10- 18, as adopted by Ordinanoe 196, Village Code of ordinances. 2. Case No. 91-12: Laduca, Joseph, 50 Golfview Drive, Tequesta. Violation of Chapter 10, Health and Sanitation, Article II, Section 10-17 and 10-18 as adopted by Ordinance 196, Village Code of Ordinances. The CEO recommended that the above-referenced cases be set for Hearing at 7:30 p.m. on August 6, 1991. Boardmember Sharpless moved that the above-referenced cases be set for Hearing on August 6, 1991 at 7:30 p.m. Boardmember Vorpagel seconded the motion. The vote on the motion was: Chairman William Frank - for William Sharpless - for William Treacy - for Mitchell Miller - for Paul Brienza - for � Jeffrey Vorpagel - for The motion was therefore passed and adopted. r , ; �� �. , Code Enforcement Board Meeting Minutes July 2, 1991 Paqe l0 -------------------------- VII. UNFINISHED BUSINESS There was no unfinished business. IX. ANY OTHER MATTERS There were no other matters before the Board. IX. ADJOURNMENT Boardmember Treacy moved to adjourn the meeting. Boardmember Brienza seconded that motion. The vote on the motion was: Chairman William Frank - for William 8harpless - for William Treacy - for Mitchell Miller - for Paul Brienza - for Jeffrey Vorpagel - for The motion was therefore passed and adopted and the meeting was adjourned at 8:50 p.m. Respectfully submitted, \�� ' _ �� V Fran Bitters Recording Secretary ATTEST: .� .� �n.,�`� �. ����.� Scott D. Ladd Clerk of the Board DATE APPROVED: � �-�_��s