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Code Enforcement Board Meeting Minutes 07/17/08

$150.00 and a fine of $250.00 a day to start on June 19, 2008 if compliance is not achieved by June 18, 2008.

Mr. Ballentine asked for clarification on the motion and was advised by Mr. Randolph that it would be a finding of non-compliance of Chapter 10, Section 10-6, administrative costs of $150.00 and a compliance date of July 18, 2008 with a fine to be considered at the next meeting if compliance was not achieved.

Ms. Duemler said she believed that the dog, besides being a nuisance, is a threat to society and she hoped that by Tuesday the dog did not break loose from Dr. Lynn and maul some child, that she believed it is a disgrace and she supports the Town.

(applause from the audience)

MOTION BY MR. FRIED TO FIND DR. LYNN IN VIOLATION OF CHAPTER 10, SECTION 10-6, ASSESS ADMINISTRATIVE COSTS IN THE AMOUNT OF $150.00 AND REQUIRE HIM TO COME INTO COMPLIANCE BY JULY 18, 2008
MOTION SECONDED BY MR. BALLENTINE
MOTION PASSED UNANIMOUSLY

Mr. Randolph asked if a motion could be made to defer the consideration of violation of Chapter 10, Section 10-45 (i) until the August 21, 2008 meeting and Ms. Greenberg advised she would make that motion. Mr. Fried asked Mr. Randolph if he would explain the reason for this. Mr. Randolph said the argument had been made that 10-45 should not apply because the dog has already been deemed dangerous by the County and pursuant to the Town’s Code. Mr. Randolph said he believed the argument was going to be made in court on Tuesday that it is not appropriate for the Town to move forward with regard to 10-45 (i) because that only applies to any incident that occurs after the dog has been declared dangerous. The argument has been made that Dr. Lynn has done everything he is required to do. Mr. Randolph said he hesitated to explain further if the matter was going to be deferred. Mr. Randolph said the position of Staff is that item (i) stands on its own merits, that it is not connected to 10-45 (a) through (h). It is also the position of Staff that it is appropriate to bring a violation of (i) to the Code Enforcement Board even though it does not specifically state that in 10-45 because Section 2-439, which is the citation fine schedule, sets forth all of the sections of the Code of Ordinances which can be brought before the Code Enforcement Board and 10-45 is listed. Code Enforcement has the right to bring a violation directly to the Code Enforcement Board instead of issuing the fine set forth in the fine schedule. Mr. Randolph said the Board could move forward in considering 10-45 instead of deferring it to the next meeting.

Mr. Fried commented that based on the egregious nature of what they had been presented with, he believed the Board should do everything they could to put pressure on Dr. Lynn to comply. Mr. Randolph questioned whether the Town

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