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MINUTES

TOWN OF OCEAN RIDGE

SPECIAL MASTER CODE ENFORCEMENT HEARING

March 2, 2004  

Present:  Kathleen Dailey, Town Manager; Karen Hancsak, Town Clerk; Director Hillery, Lt. Stefan Katz, and Ken Spillias, Town Attorney.  

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

A.                 The minutes of February 3, 2003 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.  

C.        VIOLATION HEARINGS

            CASE NO. CE#2004-01         Douglas and Eleanor Olbrich, 6031 Rose Street ,                                                              Houston TX 77007

                                                            RE: S ½ of Lot 3 & Lot 4, Block 9, Amended PL of                                                             Boynton Sub ( 6113 N. Ocean Blvd. , Ocean Ridge                                                             FL 33435 )

                                                            NATURE OF VIOLATION

                                                            Violate Section 34-6 of the Town Code of                                                             Ordinances by allowing debris and grass to grow in                                                            excess of 12 inches on the property  

Atty Bennett, present on behalf of the Town Attorney, Ken Spillias, stated that this case is being rescheduled due for the April 6, 2004 meeting because they were actually given until March 27^th to comply with the code.  

            CASE NO. 2004-02                Rita and Ray Schiltz, 1526 Wyn Code Drive , Vero                                                             Beach , FL 32963        

                                                            NATURE OF VIOLATION

                                                            Violate Section 34-6 of the Town Code of                                                             Ordinances by allowing debris and grass to grow in                                                             in excess of 12 inches on the property  

The respondents were not present.  

Special Master Torcivia accepted the following Town exhibits: Original Violation Letter dated July 17, 2003 as #1, Notice of Violation/Affidavit with the Return Receipt Green Card as #2, and the faxed stipulation signed by Rita Schiltz addressed to the potential purchaser, George Breyer as #3. 

Atty Bennett advised the property was under contract and the stipulation was agreed by the current owner to the potential buyer.  She added that the Town concurs with the stipulation providing that the property will be brought into compliance by May 21, 2004 failing which would provide for a $50.00 daily fine.    

Special Master Torcivia advised that her Final Order would include a copy of this agreed upon stipulation.  

            CASE NO. CE #2004-03         Alejandro A. Abreau, 28 Ixora Way , Ocean Ridge                                                             FL 33435         

                                                            RE:       Lot 14 of Ocean Ridge Beach & UND 1/52                                                             Int in Lot B of Ocean Shore Estates ( 28 Ixora Way )

                                                            NATURE OF VIOLATION

                                                            Violate Section 64-77(c) of the Town Code of                                                              Ordinances by allowing a piling to extend more                                                              than ten (10) feet to the lot line of other property  

The respondent was not present.  

Atty Bennett advised that the Town was supposed to receive a faxed stipulation from the respondents’ attorney but it has not been received as of yet.  

Special Master Torcivia accepted the following Town exhibits: Property Appraiser print out showing the owner and address as cited as #1, Notice of Violation/Affidavit showing the 28 Ixora Way address as the address it was sent to as #2, and the response letter from the respondent’s attorney (thereby finding that the respondent did receive property notice) as #3.  

Special Master Torcivia questioned if the piling has been there for a while to which she was advised that the prior owner built a dock that did not comply with the zoning requirements and they subsequently removed the dock but left the piling.  She also asked if the residence was occupied to which she was advised that it was.  

Atty Bennett advised that the stipulation was supposed to contain verbiage that the violation would be brought into compliance by April 7, 2004 or a $50.00 daily fine would be incurred.  She added that the Town would like to reserve the right for the fine to commence from the date of this hearing.  Special Master Torcivia advised that the fine could only start from a certain date if it was included in the stipulation.  She suggested that a letter be sent to the respondent in both cases advising that the Town would not be favorable to a fine or lien reduction request should the violation not be brought into compliance.   

Special Master Torcivia stated that she would prepare her Final Order agreeing to approve the stipulation if the Town agrees to the document signed by the respondent.  She requested that the stipulation be faxed to her office as soon as it is received so she could prepare the Final Order.    

D.        ADJOURNMENT 

The meeting was adjourned at approximately 10:30 AM .