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Code Enforcement Board Meeting Minutes 07/17/08

the Town Council’s power and authority, if persuaded, to look into an ordinance and suggested Mr. Maxey address it with them.

B. Case # 08-2508, 227 Brazilian Ave., 2F, Hillen J. Smith
Violation of Chapter 18, Section 18-241 of the Town of Palm Beach Code of Ordinances, building permits required to construct, install, repair or alter any building or building system

Lead Code Enforcement Officer said Mr. Smith was found in violation, assessed $150.00 in administrative costs and given until July 16, 2008 to come into compliance. Compliance has not been achieved so this is the time a fine would be assessed. Mr. Walton said the contractor was present to speak.

Steve Pappanelli said he was hired by Mr. Smith after Mr. Smith had been cited and he was 90% complete with the job. He was just waiting on his final inspection and he should have it by next week but the building is closed to all construction inspections for two (2) weeks. Mr. Pappanelli said he was present on Mr. Smith’s behalf to request a three (3) week extension. Mr. Walton said the Town did not oppose the extension of time. Mr. Walton said the three weeks was necessary because the building would not let inspections be done while their maintenance man was on vacation. Mr. Walton said if compliance was not achieved by August 7, 2008 then he would ask for a $250.00 a day fine to commence on August 8, 2008.

Ms. Greenberg asked some questions about the type of permits and remarked that it is unfortunate in multi-family dwellings that this type of situation would exist to begin with because electrical and plumbing can have catastrophic effects on other owners. She said it is unfortunate the people do not do the right thing until they get caught. Mr. Pappanelli said he was not the contractor working without permits.

MOTION BY MR. OCHSTEIN TO GRANT AN EXTENSION OF TIME UNTIL AUGUST 8, 2008 TO COME INTO COMPLIANCE AND TO ASSESS A FINE OF $250.00, RETROACTIVE TO JULY 17, 2008 IF COMPLIANCE WAS NOT ACHIEVED
SECONDED BY MS. GREENBERG

During discussion on the motion, Ms. Duemler stated she believed the retroactive fine was a little harsh. Mr. Ballentine said he agreed and asked the reason for the retroactive fine. Mr. Ochstein said there are so many people who do work without a permit and they know they need a permit. That is a very dangerous thing in a multi-family dwelling and it should be egregious.

MOTION BY MR. OCHSTEIN TO GRANT AN EXTENSION OF TIME UNTIL AUGUST 8, 2008 TO COME INTO COMPLIANCE AND TO

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