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Town of Ocean Ridge |
Town Hall: |
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Town Hall Building & Zoning Police Department
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MINUTES TOWN OF OCEAN RIDGE SPECIAL MAGISTRATE/CODE ENFORCEMENT HEARING October 3, 2006
Present: Karen Hancsak; Town Clerk, Lt. Katz, and Kenneth Spillias, Town Attorney.
Meeting called to order at 10:05 A.M.
Special Magistrate 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. ADOPTION OF SEPTEMBER 12, 2006 MINUTES
Special Magistrate Donlon adopted the September 12, 2006 minutes.
B. STATUS HEARING CASE NO. CE#2006-0051 David Blonder, 5880 N Ocean Blvd., Ocean Ridge FL 33435 RE: Amended PL of Boyntons Sub SLY 80’ of Muck Lot 46 W of SR A1A (5880 N. Ocean Blvd.) NATURE OF VIOLATION Violate Section(s) 67-174(a)(1) of the Town’s Code of Ordinances by not replacing the missing railing on the second story balcony
Town Atty Spillias summarized the Order Finding Violation and noted that the respondent was present. He stated that the fine was paid today, however, the violation has not been corrected.
Special Magistrate Donlon accepted the following Town exhibits: the Order Finding Violation and Green Card proving delivery as #1, the administrative recovery cost sheet in the amount of $203.23 as #2, and a copy of the Building Permit showing issued on Sept. 12, 2006 as #3.
Lt. Katz testified that the property was inspected today and the railing has not been repaired. He advised that he spoke with Mr. Blonder last week who advised that he would not able to comply and requested that he call the contractor. Lt. Katz called the contractor and left a message which has not been returned.
Mr. Blonder stated that his contractor will not provide him a definite time that the work could be completed. He also stated that he brought a news article from the Sun Sentinel which addresses the difficulties in having work completed by small contractors. He requested an extension or permission to erect an alternative railing.
Atty Spillias commented that the Town would not object to a one month extension and deferring the administrative costs until then also.
Special Magistrate Donlon stated that she did find there was proper notice and that the violation still exists. She stated she would grand a continuance for a Final Assessment Hearing on Nov. 14, 2006 at 10:00 AM and the administrative recovery costs are also deferred until next month. She reminded Mr. Blonder to call for a final Code Enforcement Inspection once the final building inspection has been completed.
B. VIOLATION HEARING CASE NO. CE#2006-0059 CPI Real Estate, Inc., 49 NE 22nd Street, Miami FL 33137-4822 RE: Blks A,B, & Z Palm Beach Shore Acres W 272’ of Lot 17 (Less W 18’ of N Ocean Blvd. & N 10’ Tropical Drive R/WS) Blk A (5019 N Ocean Blvd.) NATURE OF VIOLATION Violate Section(s) 34-1 of the Town’s Code of Ordinances by allowing sewage to run onto the driveway and roadway, causing a public nuisance
The respondent was not present.
Atty Spillias requested that this case be postponed until Nov. 14, 2006 because the owner is in the process of working with the Health Department to correct the violation.
Special Magistrate Donlon stated that she would prepare an Order Granting Continuance until Nov. 14, 2006 at 10:00 AM.
CASE NO. CE#2006-0060 Domingo and Thallygee Castro, 1500 N Florida Mango Road #17, West Palm Beach FL 33409 RE: Lot 14, Inlet Cay Subdivision (14 Inlet Cay Drive) NATURE OF VIOLATION Violate Section(s) 67-51 of the Town’s Code of Ordinances removing the roof tiles on the house without a permit
The respondent was not present.
Town Atty Spillias summarized the violation by stating that the respondent has removed all the roof tiles on the residence without obtaining a permit.
Special Magistrate Donlon accepted the following Town exhibits: the Affidavit and Notice of Violation and the green card receipt as #1, the Administrative Recovery Costs in the amount of $231.77, and 1 photograph taken 9/12/06 by Sgt. Eubanks as #3.
Lt. Katz testified that this date he observed that the violation of removed roof tiles still exists.
Atty Spillias recommended that the violation be brought into compliance within ten (10) days or imposing a $50 daily fine until brought into compliance and also that the administrative recovery costs be paid to the Town.
Special Magistrate Donlon found that there was proper notice and that a violation does exist. She stated that her Final Order would reflect that the violation must be brought into compliance by obtaining a permit for removing and replacing the roof tiles by Oct. 13, 2006 failing which would constitute a $50.00 daily fine until brought into compliance. A Status/Fine Assessment Hearing will be held on Nov. 14, 2006 at 10 AM. She also ordered that the administrative costs in the amount of $231.577be paid to the Town by Oct. 13, 2006.
D. ADJOURNMENT
The meeting was adjourned at approximately 10:25 AM.
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