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Code Enforcement Board Meeting Minutes 04/17/08

There was some discussion on the motion and Mr. Koeppel requested it be amended to include a reconsideration of the fine based on how much progress was made and how they proceeded in getting it completed. Mr. Ochstein did not object.

AMENDED MOTION BY MR. OCHSTEIN TO IMPOSE A FINE OF $250.00 A DAY, COMMENCING ON MARCH 22, 2008 AND CONTINUING UNTIL COMPLIANCE IS ACHIEVED, SUCH FINE TO BE RECONSIDERED BASED ON PROGRESS OF COMPLETION SECONDED BY MS. DUEMLER
MOTION PASSED UNANIMOUSLY

D. Case # 08-2477, 215 Colonial Lane, Susan C. Lee Trust
Violation of Chapter 42, Section 42-87 of the Town of Palm Beach Code of Ordinances, swimming pools and gates to be kept in a good state of repair, roof maintained so as not to leak, exterior surfaces to be kept in a good state of repair, no conditions allowed which provides harborage for vermin and Chapter 18, Section 18-551, fences and gates for swimming pools to be not less than four (4) feet in height and gates to be self-closing and self-latching.

Lead Code Enforcement Officer Walton advised he had broken the seven (7) violations in this case down to two classifications, (A) which was violations 1,2 and 3, which concerned the pool and (B) which were violations 4, 5, 6 and 7. The violator was out of compliance four (4) days for (A), violations 1, 2 and 3 for which the Town was requesting a fine of $100.00 a day for each of the four days out of compliance. The violator had been given until April 14, 2008 to come into compliance for (B), violations 4, 5, 6 and 7 but these violations were still outstanding. The Town requests a fine of $250.00 a day commencing on April 15, 2008 and continuing until compliance is achieved.

Amy Fischer was present on behalf of the homeowner, along with Mr. Lawrence, an architect who she said was assisting them in trying to remedy the problems which had turned out to be more extensive than they had anticipated. She detailed the problems with obtaining the proper roofer and the time frame involved. Some of the issues involved code changes and whether or not the roof could be replaced with a similar system or whether it had to be upgraded to meet certain hurricane requirements. Some of the issues had been taken care of immediately but it was not feasible to remediate some of the problems in the time constraints the Town had afforded them. Ms. Fischer requested this matter be continued for forty-five (45) days or they be given a forty-five (45) day window to come into compliance. She said they had problems with contractors who had not done things in an expeditious, correct manner.

Mr. Lawrence was sworn in by Recording Secretary Houston and said he had nothing to add other than that patching was not an option and the roof had to be replaced.
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