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MINUTES

TOWN OF OCEAN RIDGE

SPECIAL MASTER CODE ENFORCEMENT HEARING

February 3, 2004

Present:  Karen Hancsak, Town Clerk; Lt. Stefan Katz, and Kristen Bennett, attorney from Lewis, Longman & Walker, representing the Town Attorney.  

Meeting called to order at 10:00 A.M.  

A.                 The minutes of January 6, 2004 were adopted.      

Special Master Paulette Torcivia explained that this was an informal hearing and rules of evidence were not required, however, the Town may have exhibits that a respondent has the right to make objections to.  She added that the Town would present their case and she would render a decision and issue a Final Order.   

At this point all individuals that were prepared to give testimony were sworn in.  

B.                 FINE ASSESSMENT HEARING AND STATUS HEARING

            CASE NO. 2003-13                Scott and Betty Kelso, 763 Camino Lakes Circle ,                                                              Boca Raton FL 33486 or 16 Sailfish Lane , Ocean                                                              Ridge FL 33435

                                                            NATURE OF VIOLATION

                                                            Violate Section 34-6 of the Town Code of                                                             Ordinances by permitting grass/vegetation to grow                                                             in excess of 12 inches on the property  

The respondents, Scott and Betty Kelso, were present.  

Special Master Torcivia accepted the following Town exhibits: Dec. 2, 2003 Final Order as  #1, the Jan. 6, 2004 Order Assessing the Fine as #2, the Recovery Calculation Worksheet for Feb. 3, 2004 as #3, the Recovery Calculation Worksheet for Jan. 6, 2004 as #4, and the Property Appraiser Print Out Sheet showing the address for the Kelso’s as 16 Sailfish Lane as #5.  

Atty Kristen Bennett, representing Ken Spillias from Lewis, Longman & Walker, questioned if this meeting could actually be a fine reduction request to which Special Master Torcivia advised that if the property was determined to be in full compliance a fine reduction request could be considered.    

Lt. Katz stated that he reinspected the property on Jan. 20, 2004 and determined that it was now in full compliance.   

Special Master Torcivia questioned if the respondent had called the Town prior to Dec. 18^th regarding whether the property was in compliance or if there was a reason why it was not.  Lt. Katz commented that he had spoken to the respondent before Dec. 18^th and at that time it appeared that the property would not be in compliance by Dec. 18^th because the property had been sprayed once and a 2^nd spray was to take place, however, the 2^nd time the contractor attempted to spray the property a neighbor complained about the wind and possible damage to their property and they stopped and then returned to spray the next day.   

The respondent commented that when she appeared at the Dec. 2^nd meeting (after receiving a hand delivered Notice of Violation) she was advised that compliance must take place by Dec. 18^th and there was a lot of emphasis on killing the weeds so she requested the contractor apply a second application of the Round Up, however, when they arrived approximately 3 days after the 1^st hearing they were asked to leave and went back again approximately Dec. 6^th.  She added that she never received a copy of the Dec. 2^nd Final Order nor a notice for the Jan. 6^th meeting and only received the Order from the January meeting on Jan. 20, 2004 . Town Clerk Hancsak advised that the address on the original Notice of Violation was a Boca Raton address and the January order was sent to that address and when it was returned it was forwarded in a new envelope to 16 Sailfish Lane .  Town Clerk Hancsak also advised that the Deputy Town Clerk had verbally spoken with the respondent on Jan. 7^th or 8^th and advised her of the contents of the Order.  The respondent then stated that it was difficult to obtain the name of a company that operates a bush hog to totally correct the violation; however, she eventually obtained a name from the County.   She added that based on the effort she applied in trying to comply and not receiving proper notice for the Jan. 6^th meeting or the Order resulting from that meeting she felt the fine should be waived and also some of the administrative costs. She also suggested the possibility of an instruction form for respondents.  

Special Master Torcivia agreed with the respondent that there was a question whether proper notice was given to the respondent and acknowledged that they have spent approximately $2,000 to correct the violation.  She advised that her order would state that she was going to waive the total fine of $1,650, waive one of the administrative fee recovery sheets, and the other administrative recovery sheet in the amount of $207.23 must be paid by February 27, 2004 .  She also advised the respondents that since she did find there was violation any future notices for the same violation could be considered a repeat violation and possibilities of $500 daily fines being imposed.  She suggested that the respondent keep accurate records if the lot becomes overgrown again with extenuating circumstances and added that the Town should try to keep a record as well.   

D.        ADJOURNMENT 

The meeting was adjourned at approximately 10:20 AM .  

__________________________

Town Clerk