Special Master Torcivia advised that the Town would be the first to present any evidence and testimony.

Atty Spillias stated that on April 11, 2000 an order was issued by the Code Enforcement Special Master which required compliance within one week. Special Master Torcivia accepted the order into evidence as Exhibit #1.

Lt. Katz advised that on April 18, 2000, he received a phone call which advised that the lot was now in compliance. He inspected the property and found that it was free of any hazards and in compliance. Lt. Katz submitted a copy of the letter of compliance into evidence as Exhibit #2.

Atty Spillias stated that the order included a $250 a day fine until compliance was accomplished which would total $1750. Atty Spillias advised that the Special Master would have to consider Section 16-9 of the Town Code of Ordinances before hearing from the Kelsos which states that when someone is requesting a fine reduction from the Special Master, they must first show that: (1) All ad valorem property taxes, special assessments, town utility charges and other government-imposed fees, charges, taxes and liens against the subject real property have been paid (2) the applicant is not personally indebted to the town for any reason (3) all Town Code violations have been corrected under necessary permits issued therefor. He added that no bond was posted to the Town as required in the order and that he has no personal knowledge that the Kelsos are indebted to the Town in any way. Atty Spillias presented Special Master Torcivia a copy of the Code of Ordinances of the Town of Ocean Ridge including Section 16-9 into evidence as Exhibit #3.

Atty Spillias stated that the main goal of the order (compliance with removing the hazard within seven days) has been met and that the Town takes no position on the matter of the fine. He added that the attorney costs for the Town on this matter will run approximately $300.

Scott Kelso advised that he had complied with the order within the seven days despite the number of setbacks he had incurred such as the first company he had hired for the removal did not show up. He stated that he had never intended to leave the trees on the property and that he was very happy to remove them. He advised that he was requesting a remission of the fine adding that to the best of his knowledge, he was not indebted to the Town.

Special Master Torcivia asked Mr. Kelso what his costs were for the removal that week to which he advised that his total costs were $2,800 for the removal of the material.

Special Master Torcivia questioned why the Kelsos did not take out the bond that the order required to which Mr. Kelso replied that he was unaware of the formality of posting the bond. Mrs. Kelso advised that Director Hillery told her that any licensed company doing the removal would also be bonded. Special Master Torcivia advised that she was very specific when she presented the order at the previous hearing that the Kelsos needed to post a separate bond so that the company performing the work would not be responsible if damage was done.

Mr. Kelso stated that he believed it was just a point of ignorance in that he had questions regarding the posting of the bond. Special Master Torcivia reiterated that she was very specific in her order adding that if there were any questions, they should have asked them of the staff. Atty Spillias stated that the Kelso’s attorney received the order three to four days after the hearing.

Special Master Torcivia stated that everyone involved acted in good faith and that she would drop the fine. She explained that the Kelsos spent a sizeable amount of money on the removal and they did not attempt to cut down any more trees. She added that if this happens again, she would find differently in negating the fine after compliance.

Mr. Kelso stated that he wanted to know how they could have access to remove the remaining Australian Pine trees and if they could have the same process as was granted by the previous hearing for their removal. Special Master Torcivia stated that only if a Code Enforcement Officer found a violation and the issue was brought before her again could she make any determination regarding access to the property.

The meeting was adjourned at 10:20 AM.

_____________________________

Town Clerk