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Code Enforcement Board Meeting Minutes 04/17/08

Enforcement Board meeting because the homeowner had applied to ARCOM and was seeking Town Council approval. Those hearings will be in May.

MOTION BY MR. OCHSTEIN TO POSTPONE THIS CASE UNTIL May 15, 2008.
SECONDED BY MS. GREENBERG
MOTION PASSED UNANIMOUSLY

B. Case # 08-2478, 151 Chilean Ave., E. Nordin Gilbertson
Violation of Chapter 134, Section 134-889 of the Town of Palm Beach Code of Ordinances, commercial use of land in the R-B low density residential district.

Code Enforcement Officer Gerry presented the facts of this case and said the complaint had been received from a tenant of an adjacent property owner. He said there had been no response from Mr. Gilbertson with the exception of a letter which was received today and was included in the packet of case information given to the Board members. The Board took a few minutes to review the letter.

(While this review was taking place, Mr. Hoffman acknowledged the presence of Councilwoman Coniglio in the audience and expressed his appreciation for her attendance.)

Mr. Gerry said the Town’s recommendation was that the violator be found in noncompliance, administrative costs of $150.00 assessed and that the yard be restored, the brick pavers removed and parking of vehicles from a commercial zoned property no longer be allowed at this location. Mr. Gerry said Mr. Gilbertson could obtain zoning approval and building permits for the brick pavers but it would have to be related to residentially permitted uses allowed for that particular property. He requested compliance by May 1, 2008. Ms. Van Buren said she did not see anything in Mr. Gilbertson’s letter that addressed this particular violation. She then asked Mr. Randolph if prior outstanding fines could be discussed and Mr. Randolph said only if it related to this particular violation. He said this violation should be considered on its own merit. Mr. Gerry said there was an existing fine still running on the property for other violations that were still not in compliance. Ms. Duemler asked if there was a lien against the property and Mr. Randolph advised that if the previous Board order had been recorded, there was a lien against the property. It was confirmed the previous Board order had been recorded and there was an existing lien on the property. Mr. Randolph questioned whether the property was homesteaded and said if it was, foreclosure would not be an option. Mr. Gerry said the property was homesteaded.

MOTION BY MR. FRIED TO FIND THE VIOLATOR IN NONCOMPLIANCE, ASSESS ADMINISTRATIVE COSTS OF $150.00 AND GIVE

THE VIOLATOR UNTIL MAY 1, 2008 TO COMPLY.
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