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Town of Ocean Ridge |
Town Hall: |
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Town Hall Building & Zoning Police Department
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SPECIAL MASTER CODE ENFORCEMENT HEARING Present: Kathleen
Dailey, Town Manager; Karen Hancsak, Town Clerk; Lt. Stefan Katz, Public Safety
Officer Eve Eubanks, and Kristen Bennett, representing the Town Attorney. Meeting called to order at A.
The adoption of 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 request to hear Case No.
CE#2004-16 first was granted. B. VIOLATION HEARINGS CASE
NO. CE#2004-16
RE:
St. George House Condominium, Unit
#114, Crown Colony, 5550 North Ocean Blvd.,
Ocean Ridge FL 33435
NATURE OF VIOLATION
Violate Sections 67-174(1) and 67-175 of the Town
Code of Ordinances, and Florida Building Code,
Chapter One, Section 103.5, Atty Bennett advised that an
attempt to hand deliver the Affidavit and Notice of Violation to the individual
property owners, Gerald and Alice Garcy, on William Layton, attorney
representing the respondents, Mr. and Mrs. Garcy and John Siracusa, attorney
representing the other respondent, St. George Condominium Assoc. were present. Special Master Donlon accepted
the following Town exhibits: 2 pages of photographs dated April 14, 2004 as #1,
1 page of photographs dated June 1, 2004 as #2, and a letter dated April 13,
2004 from the Building Official, Joe Crisafulle, regarding the structural
inspection as #3. Officer Eubanks testified that
she had received a letter from the Town’s Building Official on Atty Siracusa stipulated that
there is damage to the extreme edge of which the Association is willing to
repair, however, this case is currently in arbitration with the --- and the
issue involves who is responsible to pay for the removal of the patio enclosure
so the necessary repairs can be made. He
stated that both the association and unit owner feel the enclosure should be
removed at the others expense. He
added that he has been aware of the situation since January 2004 and the case
was filed in March 2004 and a ruling is expected this summer. Atty Layton concurred and stated
that they did not feel the violation was a life threatening situation and felt
the arbitrator should rule on the case. Special Master Donlon asked
Building Official Crisafulle if he felt the violation was a health and safety
welfare hazard to which he advised not at the immediate moment, however, the
condition will worsen because any water intrusion into the concrete causes
breaks in the concrete and then spalls. He
advised that the concrete needs to be brought back to a solid mass before the
enclosure can be redone. He added
that his inspection was from the first floor only and he does not know the
extent of the total damage. He also
stated that repairs could take approximately 30 days to fix one unit. Special Master Donlon asked for
a Town recommendation. Atty Bennett
commented that the Town feels the owner of the unit is responsible but the Town
won’t take a position between both respondents.
She added that immediate compliance was requested along with $213.71 in
administrative costs. Special Master Donlon stated
that she did find proper notice was given and also that there is a violation
that must be brought into compliance within 60 days and the administrative costs
in the amount of $213,71 must be shared jointly by the respondents and paid by
August 3, 2004 when a status hearing and penalty assessment will take place.
She added that this order does not prevent the Town from coming forward
if the violation presents a danger in the immediate future. CASE NO. CE#2004-12
Alene A. Dennis,
RE: Blks A,
B, & Z NATURE OF VIOLATION
Violate Section 34-6(a) of the Town Code of
Ordinances by allowing
Australian Pines on the south edge of the property to grow in excess of 10
feet and also Section 67-174(a)(1) by failing to
maintain the structures on the
property by: exhibiting peeling paint on the exterior of the north
side of the building, exposed cracks in the exterior walls of both structures,
rust existing around the outside of some of the windows of both buildings,
and around the air conditioning units and meters on
the side of the building
on the north side of the property. The respondent which is the new owner Elliot Zank of Pom
Properties, LLC was present. Officer Eubanks testified that the Affidavit and Notice of
Violation was sent to the prior owner Alene Dennis which was returned unclaimed
and she in turn posted the notice on property and at the Town Hall.
She advised that one of the tenants advised her that a new owner had
obtained the property approximately two months ago even though the Property
Appraiser records still showed Ms. Dennis as the owner.
She stated that the new owner contacted the Town Hall and advised that he
would be present at the meeting. Special Master Donlon accepted the following Town exhibits:
3 pages of photographs dated The respondent commented that he learned of the violations
approximately ten days ago and that he has owned the property for approximately
1 ½ months and his intention is to develop the site, however, he is unsure how
and when. He stated that he was
attracted to the site because it was in such disrepair and he planned on
demolishing the building so he felt throwing away good money to bring into
compliance was wasteful. He advised that he has one tenant renting on a monthly
basis and one tenant that he is tied up with.
The respondent commented that if the Australian pine tree was cut down
the exposed wall owned by the neighbor would be an eyesore as it currently
provides some aesthetic appeal for his tenants.
Special Master Donlon advised that Officer Eubanks would then possibly
cite that owner for a code violation. Special Master Donlon stated that while she understood his
plight he should understand that he inherits problems when taking ownership.
She then asked him if he had a time frame to submit plans to which he did
not. Special Master Donlon asked how
long a set of building plans would take to review to which Town Clerk Hancsak
advised approximately 3-5 weeks after health department approval and a
demolition permit would take approximately one week. Special Master Donlon stated that she does find that the
property is in violation and must either be brought into compliance or
demolished with 60 days failing which would result in a $200 daily fine being
assessed at an assessment hearing. She
also stated that the Australian pines must be removed or cut to a maximum 10’
height within 10 days and the administrative fees in the amount of $223.71 must
be paid also within 10 days failing which would constitute a $50 daily fine. The respondent clarified that he must contact the Town Hall
as the violations are brought into compliance because he probably will not
demolish at this time.
CASE NO. CE#2004-15 James MacDermott III and
Marjorie Redburn,
RE:
NATURE OF VIOLATION
Violate Section 67-174(a)(1) of the Town Code of
Ordinances by failing to maintain the exterior of the
structure. The roof shows
evidence of discoloration, paint on
the
garage wall on the north side is peeling and screening in the rear is
torn. The respondent who is a new owner as of Officer Eubanks testified that she observed the violations
on Special Master Donlon accepted the following Town exhibit:
3 pages of photographs dated Atty Bennett recommended that the property be brought into
immediately compliance and reimbursed $222.55 in administrative costs. The respondent stated that he is currently working with an
architect and contractor and felt he could apply for a building permit to
correct the code violations with some additional work by Special Master Donlon stated that she did find that the property was in violation and her order would require that a building permit for the code violations be submitted by July 1, 2004 failing which would constitute a $100 daily fine and that the work be completed with 90 days after the permit approval failing which would constitute a $250 daily fine and also that administrative fees in the amount of $222.55 be paid within 10 days.
CASE NO. CE#2004-17 E & H Group LLC,
RE: Blks A,
B and Z
NATURE OF VIOLATION Violate Sections 67-31 Adoption of the Florida Building Code and Countywide Amendments and Section 67-177(b)(1) responsibilities of owners, operators and occupants, of the Town Code of Ordinances, and the Florida Building Code, Section 103-5 Unsafe Building or systems, as follows: bath window not operating properly, light switch in bathroom (cover plate missing), water heater not wired properly and pressure relief line has not been installed, base cabinets in the kitchen need to be re-installed, kitchen sink and plumbing need to be re-installed per the plumbing code, an exhaust hood should be installed over the existing cooking stove, all deteriorated wall board in the closet areas and the kitchen area (west walls)need to be replaced and painted, and the sanitary lift station should be checked for proper operating conditions Officer Eubanks advised that this property has been brought into compliance and therefore no hearing is necessary. D. ADJOURNMENT The meeting was adjourned at
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