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Town of Ocean Ridge |
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MINUTES TOWN OF OCEAN RIDGE SPECIAL MASTER CODE ENFORCEMENT HEARING Present: D.
Bill Mathis, Town Manager; Karen Hancsak; Town Clerk, Lt. Stefan Katz, Sgt. Eve
Eubanks, and Kristen Bennett, representing the Town Attorney. Meeting called to order at A.
The minutes of Special Master Glen 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. He added that
the Town would present their case and he would render a decision and issue a
Final Order. At this point all individuals
that were prepared to give testimony were sworn in. Atty Bennett advised that Case
No. 2005-08, 2005-18, and 2005-19 have been brought into compliance. C. VIOLATION HEARING CASE NO. CE#2004-33
Joseph & Allyn Bryan,
RE: Ely
96.94’ of
NATURE OF VIOLATION
Violate Section 67-174(a)(1) and Section 67-175(8) of the
Town Code of Ordinances
by allowing the paint to peel on
the fascia of the house, allowing the outside balcony on the
second floor in front of the house to remain bent, and
allowing the door bell wires to be exposed. The respondent, Allyn Bryan was
present. Special Master Torcivia
determined that proper notice had been given for the meeting. Special Master Torcivia accepted
the following Town exhibits: the Receipt of Delivery, Property Appraiser Owner
Information, Notice of Violation, the Incident Reports, Photographs, and Cited
Sections of the Code as #1; the administrative recovery sheet in the amount to
$139.84 as #2; and one page of 2 photographs taken on Sgt. Eubanks testified that she
notified the respondent about the violations in Nov. 2004 and actually wrote the
Notice of Violation in Jan. 2005. Atty Bennett advised that the
Town was seeking reimbursement of administrative costs and that compliance be
achieved within 30 days failing which could constitute a daily fine of up to
$250 daily. Special Master Torcivia accepted
the following Respondent exhibits: 3 photographs showing mold and the balcony as
#1; and a page from the Final Judgment for the divorce showing that she resides
in the residence as #2. He noted
that he observed the check from the insurance company made payable to both Mr.
and Mrs. Bryan. Mrs. Bryan stated that she has
repaired the doorbell and has already incurred and spent $6,500 on immediate
repairs such as mold because of the hurricane.
She stated that she in the process of a divorce and the insurance has
issued a check for the repairs, however, her ex-husband will not endorse it and
the funds are tied up. She added
that she is speaking with his attorney in an attempt to resolve any conflicts
and felt she was doing the best she possibly could to come into compliance.
She stated that she felt she could have the balcony repaired in a month
and the fascia will take longer because the work is more extensive than painting
the fascia. Special Master Torcivia stated
that he was finding that there was a violation and the railing must be brought
into compliance by April 15, 2005 failing which would constitute a $100 daily
fine until compliance is met and the repairs to the fascia must be completed by
May 3, 2005 failing which would constitute a $100 daily fine until compliance is
met and a Status/Fine Assessment Hearing would be held on May 3, 2005 at 10:00
am if necessary. He also advised
that the administrative costs in the amount of $139.84 must be paid by CASE NO. CE#2005-20
Carmona 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. The respondent was present and the Special Master determined that proper notice was given. Special Master Torcivia accepted
the following Town exhibits: the
Receipt of Delivery, Property Appraiser Owner Information, Notice of Violation,
the Incident Reports, Photographs, and Cited Sections of the Code as #1; the
administrative recovery sheet in the amount to $266.40 as #2; and six pages of
photographs taken on 2/16/05 as #3; and 4 pages of photographs taken on 3/1/05
as #4. Atty Bennett advised that the
respondent had brought the drain and sidewalk into compliance and had applied
for the fill permit and pool repair on this date.
She added that the Town was requesting reimbursement for the
administrative costs and compliance within 90 days for all outstanding
violations failing which a daily penalty would be assessed. Lt. Katz testified that he
observed the violations on Mr. Carmono commented that he
believed that the pipe belonged to FDOT and the final pipe would go through to
the ICWW when the seawall is corrected. He
reiterated that he applied for the two permits today and added that the
requirements for the drainage plans were an oversight by the Town when the
permit was originally approved and when he was advised they would be required he
contacted an engineer that same day. He
stated that it was an oversight by the engineer that those plans were not
submitted. He also stated that the
back of his pool was damaged from the 110-120 truck loads of fill that was being
brought in. He stated that he was
only advised of the violations 13 days ago and he has tried to make the
corrections promptly and even though he has been advised by an engineer that the
problems arose at the fault of the seawall contractor he is incurring a $40,000
expense to promptly correct the seawall. Special
Master Torcivia reminded the respondent that the Town was being generous in
offering a 90 day compliance date. He
concluded by stating that he felt he should have received notice earlier and he
should not have been contacted regarding the sidewalk at 10 PM. Special Master Torcivia
clarified that the same seawall contractor would be completing the work and then
advised that he did find that were the violations and that a couple of them had
been corrected. He stated that the
respondent must comply with Sections 64-81, 67-96 and 66-1 of the Town Code of
ordinances by June 7, 2005 failing which would constitute a $100 daily fine
until brought into compliance. He
added that the administrative fees in the amount of $266.40 must be paid in full
in 30 days and if necessary a Status/Fine Assessment Hearing would be held on D. ADJOURNMENT The meeting was adjourned at
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