|
|
Town of Ocean Ridge |
|
|
Town Hall: 561-732-2635 561-737-8359 (fax) |
Town Hall Hours: |
Police Dept.: |
|
|
Town Hall
Building & Zoning Police Department
Local Weather
Privacy and Usage Policy
|
MINUTES TOWN OF OCEAN RIDGE SPECIAL MASTER CODE ENFORCEMENT HEARING At this point all individuals that were prepared to give testimony were sworn in. B. VIOLATIONSCASE
NO. CE2002-14 Lester L.
Graves,
RE:
NATURE OF VIOLATION Violate Section 26-47 of the Town Code of Ordinances by permitting an Australian pine tree to exceed the height necessary for such tree to extend onto the rear property of an adjacent property owner if such tree should fall. Such excessive growth shall apply to adjacent private and public property and shall constitute a nuisance as described in this Chapter The respondent was present. Special Master Torcivia accepted the following evidence presented by the Town: Two Photographs taken on Aug. 15, 2002 showing the Australian pine trees as Exhibit #1; the Affidavit and Notice of Violation, Section 26-47, receipt for certified mail and the executed return receipt for the Certified Letter as #2, and a photograph taken 11/12/02 shown from the vacant lot to the east. Mr. Peter
Graves, son of owner Lester Graves who is now deceased, stated that the property
was transferred to him but evidently never recorded properly and he may have to
reopen probate. He added that he has
been paying taxes since 1993. He
stated he received the letter on Special Master Torcivia questioned if the property owner to the east has a building permit to which she was advised that it was approved at the Town level but she was unsure at the County level. Sgt. Tinfina stated that Lt. Katz had recommended it be brought into compliance within 30 days failing which would constitute a $100 daily fine. It was clarified that there were approximately 7-8 trees. Mr. Graves commented that he had spoken to Lt. Katz about 10 days ago and was given the name of the Town’s landscape contractor. He met with him approximately 2 days later and was advised that because the trees are approximately 60’ high the proposal he received this last Friday was for $7,200. He added that he did not have that type of funding. Special Master Torcivia asked if he had obtained any other proposals. He stated he had not. Special Master
Torcivia stated that she was finding violation, however, she was going to be
more lenient because the trees are so high and the Town has not cited the
property before this. She stated
that her Final Order would include obtaining proof of obtaining a survey by Nov.
22, 2002 failing which could constitute a $100 daily fine.
She stated that she would like a status hearing on
CASE NO. CE2002-12
Daniel Dolan,
RE:
NATURE OF VIOLATION Violate Section 26-47 of the Town Code of Ordinances by permitting an Australian pine tree to exceed the height necessary for such tree to extend onto the rear property of an adjacent property owner if such tree should fall. Such excessive growth shall apply to adjacent private and public property and shall constitute a nuisance Respondent was not present. Special Master Torcivia commented that she had received a copy of Mr. Dolan’s stipulation. Sgt. Tinfina commented that the violation was actually for violation of Section 14-154A1 and 14-154A2 and the correct sections were in the Notice of Violation. Special Master Torcivia advised that she would grant the stipulation and would find that the respondent is in violation and agrees to correct the violation by Dec. 31, 2002 failing which would constitute a $100 daily fine. Special Master Torcivia accepted the following evidence as Town exhibits: the letter received from Mr. Dolan stipulating to correcting the violation as Exhibit #1; and the Affidavit and Notice of Violation and receipt for certified mail and the executed return receipt for the Certified Letter as #2. C. Adjournment The
meeting was adjourned at approximately _______________________________ Town Clerk |
