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MINUTES

TOWN OF OCEAN RIDGE

SPECIAL MASTER CODE ENFORCEMENT HEARING

July 5, 2005  

Present:  Karen Hancsak; Town Clerk, Lt. Stefan Katz, Sgt. Eve Eubanks, Chief Hillery and Kristin Bennett, Town Attorney.  

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

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.  

A.        APPROVAL OF MINUTES FROM JUNE 7, 2005  

Special Master Donlon approved the above referenced minutes.  

Town Clerk Hancsak clarified that the cases referenced on the agenda were actually violation hearings.  

B.         VIOLATION HEARING

CASE NO. CE#2005-52        Dominic and Stephanie Graci, 14 Ocean Avenue , Ocean                                                 Ridge FL 33435        

                                                RE:     Lot 4, Block 3, Boynton Beach Park Subdivision                                                ( 14 Ocean Avenue )

                                                NATURE OF VIOLATION

                                                Violate Section 67-31(a) of the Town Code of  Ordinances                                                 and 106.1.1 of the Florida Building Code by occupying a                                                 new building or part of a building prior to the Building                                                Official issuing a Certificate of Occupancy  

The respondents were present and represented by their attorney, Kory Veletean.  

Town Atty Bennett summarized the violation.   

Special Master Donlon accepted the following Town exhibits:  the Notice of Violation/Affidavit which included the delivery receipt, witness statements, copies of various codes, a letter from the respondent dated 5/27/05, a letter from the Town dated 5/27/05, a letter with a hand written notation from the Town dated 5/27/05 as #1, Supplement Incident Report dated June 2, 2005 and June 10, 2005 as #2, a copy of a Correction Notice from PBC Building Dept. dated 5/28/05 along with a hand written note from Sgt. Hallahan dated 5/28/05 attached as #3, a copy of the Certificate of Occupancy dated 6/17/05 as #4, and the Recovery Calculation Worksheet in the amount of $684.70 as #5.  She also read the witness statements into the record.  

Special Master Donlon accepted the following Respondent exhibits after an objection by the Town because it was the first time the Town had seen the documents and they had no ability to question them: a notarized Affidavit from the respondent’s mother’s neighbor and the respondent’s mother regarding the respondents residing in the mothers residence until after a business trip in June 2005.  She also read the two affidavits into the record.  

Sgt. Eubanks testified and was cross examined regarding her preparation of the Affidavit and Notice of Violation and vehicles observed and the work hours permitted in the Town.   

Town Clerk Hancsak testified and was cross examined in regards to her witness statement.  She added that on June 15^th she discovered that a Certificate of Occupancy (CO) had still not been issued by the County after she had previously called and advised to release the Town hold. Upon calling the inspection department it was discovered that the septic system did not receive final approval, thus the hold on the CO.  She added that Mrs. Graci happened to call the same morning and she advised her of the septic system not receiving final approval.  She testified that that was the last conversation she had with the Graci’s or the County other than through the Deputy Clerk when a copy of the CO was issued while she was attending a conference.   Atty Veletean questioned whether a temporary CO was issued to which the Town Clerk advised she was given a copy.  Atty Veletean also asked if the Town Clerk was personally aware of the Gracis residing in the residence to which she advised she was not.  

Commissioner Betty Bingham testified as to the contents of her witness statement and was cross examined by the respondent’s attorney.  Atty Bennett questioned whether she observed any activity prior to May 27, 2005 to which Comm Bingham advised that she did not observe any activity before 8 AM of after 10 PM. Atty Veletean questioned the duties of a Commissioner.  After an objection that was overruled by the Special Master, Comm Bingham advised that one of the duties of a Commissioner was to be observant as to any matters involving the Town and bring out of the ordinary matters to the Town Manager or Town Clerk’s attention.  

Lt. Katz testified and provided his credentials.  He advised that he first heard of the case on 5/27/05 when he in the room while the Town Clerk was having a telephone conversation with Mrs. Graci.  He stated that the Town Clerk had advised Mrs. Graci that she did not have a CO and the possibilities that may occur if the code is violated.  After the telephone conversation ended he contacted Chief Hillery who advised that if the respondents did violate the code they would be written up for a code enforcement violation which ultimately occurred.  He then stated that on 6/9/05 in the early AM, he responded to the Graci residence, along with Sgt. Hallahan, to determine if they indeed did move into the residence.  He stated that after ringing the doorbell Mrs. Graci invited them into the residence and during a conversation Mrs. Graci stated to him that she had just gotten out of the shower.  He stated that during the conversation she advised that she had moved in on 5/28/05 and stayed there until 5/30/05 and returned on 6/9/05 and had been living there since.  He added that Mr. Graci was also present during part of the conversation.  Atty Bennett questioned whether he advised the respondents of the violation to which he advised that he did not because Mrs. Graci advised him that all outstanding matters were taken care of and she was within her right to stay there.  He added that he observed furniture in the residence.  He stated that he then proceeded to the Clerk’s Office and was informed that a CO had still not yet been issued.  Atty Veletean cross-examined Lt. Katz regarding the furniture and asked whether other officers had observed signs of his clients residing in the residence.  He stated that they had observed lights being on and off and noticed that vehicles had been moved prior to 6/9/05 which prompted him to obtain a specific statement from the respondents.  Atty Veletean asked Lt. Katz to describe the inside of the residence to which he advised that there were marble floors, a large open foyer area, kitchen close to where the door was but he did not pay specific attention to the furniture inside.  Atty Veletean questioned whether Lt. Katz observed any signs independent of Gracis alleged statement to support that they were residing in the residence to which Lt. Katz advised that he observed furniture.  

Sgt. Hallahan testified that he accompanied Lt. Katz to the residence on 6/9/05 and reiterated Lt. Katz’s comments upon how they entered the residence and was advised by Mrs. Graci that she had moved in on 5/28/05 and left on 5/30/05 . He added that he observed some furniture and some bedroom furniture in a room he believed to the left. He added that on 5/28/05 Mrs. Graci came into the police station and produced Town exhibit #3.  He stated he telephoned the Town Clerk who advised that a based on the document description it was not a temporary CO and they could not move into the residence.  He added that Mrs. Graci then told him that she had to do what she had to do and she was living in a hotel.   Atty Veletean asked Sgt. Hallahan to elaborate on how he determined that the residence was being lived in to which he advised that it appeared lived in with the comments about the shower, the kids being there and the furniture.  When asked if he observed pots/pans or groceries he stated he did not.  Atty Veletean commented that while the Town employees state that the Gracis advised them they were residing in a hotel they were actually staying at the home of Mr. Graci’s mother as provided in the Affidavit.  

At the request of Atty Veletean Commissioner Bingham was requested to provide additional testimony on whether she had noticed mail being delivered, the cable company or trash being picked up.  She advised that she did not.   

Atty Bennett recalled Town Clerk Hancsak and verified that trash pick up does not commence until after a CO has been issued.  

Atty Veletean asked if there would objections to asking the mother of Mr. Graci to appear.  Atty Bennett objected citing no reason for a time delay when the affidavit was already accepted.     

Special Master Donlon accepted the following as Town exhibits: the Setting Status/Fine Assessment Hearing as #1, the new administrative cost sheet in the amount of $194.80 as #2, and 2 photographs taken this date by Sgt. Eubanks as #3. 

Mrs. Bryan stated that she submitted the administrative costs from May 3^rd to her attorney to pass on to her husband’s attorney and also requested that they attend this meeting with negative results.  Regarding the fascia work she advised that the contract with her contractor was signed over a month ago, however the rain has set them back.  She also stated that he attempted to repair the fascia before completing the roof work but it could not be done and that he was present at this meeting.  

Kevin Smith, 1^st State Development, the roofing contractor, stated that part of the delay was due to waiting to get the funding approval from the insurance company.  He added that each of rain costs two days work.  He mentioned that required inspections cause delays also.  Town Clerk Hancsak advised that an inspection can be called in until 3:00 PM the day prior to the requested inspection.  

Special Master Donlon advised that she did find there was proper notice and the fascia/roof was still in violation even though it should have been corrected as of yesterday.  She stated that based on the nonpayment of the last administrative costs she would approve the new $194.80 administrative costs being placed as a lien on the property.  Regarding the fascia she stated that a $50.00 daily fine starting from today until full compliance is met would be placed as a lien on the property.        

CASE NO. CE# 2005-20       Carmono Fernando & Shelby St. James, 6780 North                                                 Ocean Blvd. Ocean Ridge FL 33435

                                                RE:  Lot 43, McCormick Mile Subdivision ( 6780 North                                                 Ocean Blvd. )

                                                NATURE OF VIOLATION

                                                Violate Sections 64-81, 67-96, 67-77, and 66-1 of the Town                                                 Code of Ordinances by not maintaining the property by                                                 allowing seawall to remain in an unsafe condition, by                                                 spreading fill on area of the property without obtaining a                                                 permit, by causing damage to the sidewalk in front of the                                                                       resident as well as filling the drain with dirt thereby causing                                                 a problem with the drainage system, by doing renovation                                                 work on the swimming pool without obtaining a permit, by                                                 not providing proof as requested by the zoning official that                                                         the on site detention facility could accommodate a                                                                                 minimum of one inch of rain fall in one hour (Initial                                                Hearing held March 1,2005)                       

The respondent was not present; however, the Special Master found that proper notice had been given to the respondent after Town Clerk Hancsak testified that Mr. Fernando was given the Final Order (which provided the date of today’s meeting) in person on March 4, 2005 at approximately 1:30 PM .  

Special Master Donlon accepted the following as Town exhibits:  the March 1, 2005 Final Order as #1, the new administrative costs in the amount of $194.80 as #2, and 8 photographs taken today as #3, #4, and #5.   

Atty Spillias commented that the initial hearing was held on March 1^st, the original $266.40 administrative costs were paid on April 27, 2005, and the two active permits relating to the violations (#10109 and #10006) have not been had final inspections as of yet.  

Lt. Katz testified that he inspected the property today and took the photographs showing that the sidewalk that had previously been brought into compliance was now cracked again and the patch work did not take and it was in disrepair.  He stated other photographs showed that the permits had not been finaled and the work had not been completed for either the seawall/fill area or the pool.  

Atty Spillias recommended that the new administrative costs in the amount of $194.80 be assessed and that a $100 daily fine be imposed until all finals have been completed for each of the building permits.  

Special Master Donlon stated that she did find there was proper notice and also that the violation was ongoing and not corrected.  She stated that she was would assess a $100 daily fine beginning today until all final inspections have passed and that a lien for the administrative costs in the amount of $194.80 can be recorded.   She added that because the sidewalk was now in disrepair again it must also be repaired and given a final inspection.  

C.        VIOLATION HEARINGS  

Atty Spillias commented that Case No. 2005-25 had been brought into compliance and Case No. 2005-51 was improperly noticed and was now scheduled for July 5, 2005 .  

A brief recess was called from 10:30 AM to 10:45 AM .  

CASE NO. CE#2004-36        Gary Cantor, 7 Ocean Harbour Circle , Ocean Ridge FL                                                33435

                                                RE:     Lot 46, Inlet Cay Subdivision ( 46 Bimini Cove                                                Drive )

                                                NATURE OF VIOLATION

                                               Violate Section 63-118(B), Ordinance 229, Ordinance 345,                                                 64-8, 64-43(A)(B), and 64-54(A) of the Town Code of                                                 Ordinances by allowing a nonresident use of the premises                                                 to exist, which is prohibited, by being in violation of the                                                 Town’s established zoning map, by allowing the property                                                                        to be used as a private club in violation of the access                                                  requirements as well as the minimum area requirements,                                                  and allowing the property to be used as a time share as                                                  defined by Town Code (Initial Hearing held on March                                                  14, 2005)  

Atty Spillias advised that this case was originally heard on March 14, 2005 and briefly summarized the violations cited.  The Special Master provided both attorneys the opportunity to file and exchange briefs.  He stated that this done and both parties have since entered into a stipulation for compliance and agreed to a settlement agreement among the three parties (Town, Cantor, and Abercrombie & Kent).  He added that the stipulation provides that the respondent acknowledges the violations and agrees that all violations will cease by Dec. 31, 2004 failing which could constitute a $250 daily fine.  He stated that the settlement agreement provides that Abercrombie & Kent, in addition to Mr. Cantor, will be held jointly liable for any fines that accrue.  He concluded by stating that he felt this stipulation was in the best interest for the Town.  

Atty Spillias submitted the fully executed Stipulation for Compliance with the Affidavit/Notice of Violation as exhibit A and requested that the 2 copies of the settlement agreement by made a part of the record.  He added that the settlement agreements have been executed by Mr. Cantor and Abercrombie & Kent and just needed the Mayor’s signature.  He concluded by stating that if Abercrombie & Kent attempted to withdraw from the settlement that the Town would like to reserve the right to withdraw from the stipulation and if compliance is not met all administrative fees would be assessed.  

Atty MacLaren, representing Mr. Cantor, stated that Atty Spillias correctly explained the contents of both documents and he was in agreement with same.  

Special Master Donlon accepted the Stipulation for Compliance document with attachment A along with copies of the two Settlement Agreements and advised they would be made part of her Final Order.   

David Berger, 45 Bimini Cove Drive , requested clarification that the respondent could not enter into an agreement with anyone else and it would not be considered grandfathered.  Atty Spillias advised him that he acknowledges that there is a violation in the stipulation and it could not be grandfathered.              

D.        ADJOURNMENT 

The meeting was adjourned at approximately 11:00 AM .