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MINUTES TOWN OF OCEAN RIDGE SPECIAL MASTER CODE ENFORCEMENT HEARING Present: Karen
Hancsak, Town Clerk; Director Hillery, Lt. Stefan Katz, and Ken Spillias, Town
Attorney. Meeting called to order at A.
The minutes of Special Master Lara Donlon
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 and it was decided to hear
the violation hearing first since the respondent was not present for Case No.
2003-13. C. VIOLATION HEARINGS
CASE NO. CE#2003-14
RE: Right-of-Way east of
NATURE OF VIOLATION Violate Section 34-162 of the Town Code of Ordinances by obstructing a public right of way by placing a hedge and allowing it to grow on the right of way Doug Campbell, attorney
representing the respondent, advised that this matter involves planting in the
ROW, which is a violation of the code, however, the code is not totally clear in
respect to existing plantings. He
stated that although his client is technically in violation of the code, at a
recent meeting the Commission directed the Planning & Zoning Commission to
review the planting in improved ROW’s. He
was therefore respectfully requesting an extension of this hearing until the P
& Z has made their recommendations. He
read the actual motion from the Atty Spillias agreed that the
Town is dealing with obstructions of both unimproved and improved ROW’s and
the concern with this property is a hedge in the ROW that may grow out to the
road thereby blocking pedestrians. He
added that the Town is being more diligent than in the past and the while the
code permits obstruction by granting a license the P & Z is reviewing the
policy and procedures regarding ROW’s. He
commented that the Town has no position on a continuance and added that in the
past they have abated or suspended action on
ROW’s. Lt. Katz clarified for the
record that there are no public safety issues at this time. Special Master Donlon stated
that the order would state that this case would be abated until the P & Z
Commission makes a determination on the ROW issue, however, the Town could cite
violations where a safety hazard for the public, pedestrians, motor vehicle or
other traffic is created. B. FINE ASSESSMENT HEARING AND STATUS HEARING
CASE NO. 2003-13
Scott and Betty Kelso,
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 respondent, Betty Kelso, was
not present. Special Master Donlon accepted
the following Town exhibits: Dec. 2, 2003 Final Order as
#1, two photographs on one sheet taken on June 9, 2003 as #2, four
photographs on one sheet taken on Dec. 17, 2003 as #3, two photographs on one
sheet taken on Jan. 6, 2004 as #4, and two photographs on one sheet taken on
Jan. 6, 2004. Atty Spillias provided a brief
summary of the violation and that the violation was to be corrected by Lt. Katz stated he reinspected
the property on Special Master Donlon clarified
that the Final Order for Special Master Donlon stated
that her order assessing the fine would state that the violation was not
corrected by Town Clerk Hancsak asked if
another hearing regarding the status and fine assessment would be held on Feb.
3, 2004 to which she advised that there would be another hearing prior to the
filing of a lien. D. ADJOURNMENT The meeting was adjourned at
approximately _______________________________ Town Clerk |
