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Code Enforcement Board Meeting Minutes 07/17/08

ASSESS A FINE OF $250.00, RETROACTIVE TO JULY 17, 2008 IF COMPLIANCE WAS NOT ACHIEVED
SECONDED BY MS. GREENBERG
MOTION PASSED UNANIMOUSLY

VIII. Fine Reduction:

A. Case # 08-2301, 167 E. Inlet Drive, The Landfall Group
Violation of Chapter 18, Section 18-242, Subsection 104.5.1.6, medium projects, all new or remodel construction projects 4000 sq. ft, to 8,999 sq. ft. under roof be allowed 22 months

Lead Code Enforcement Officer Walton said in October, 2007, Ajax Equity LLC was found in violation of going over the construction time limits. On November 15, 2007 they still were not in compliance and a daily fine of $250.00 started running. The final inspection was obtained in March, 2008. The fine ran for 137 days prior to compliance being achieved and the accumulated fine due is $34,250.00 and the $150.00 hearing costs have not been paid.

Frank Lynch advised he was the attorney for both The Landfall Group and Ajax. He said when they appeared before the Board in October, Lazslo Wagner, the principal of The Landfall Group, who has built homes throughout the Town of Palm Beach for 26 years acknowledged he was unaware of this particular code provision. Had he been, they would have applied for an extension of time to complete the construction. At the hearing, Mr. Koeppel made a motion to allow them an additional sixty (60) days to complete the construction, find them in non-compliance and assess the $150 costs. After a significant amount of discussion, that motion went to a vote and failed 4-3. A second motion was made and Ms. Duemler thought the $250.00 fee was significant and believed the fine should be $125.00 a day. Mr. Lynch gave Mr. Walton a copy of that transcript to put in the record. As part of their request, they are asking the Board to consider what Ms. Duemler suggested at the meeting. At the same time, Mr. Lynch said he would like them to consider that The Landfall Group is a good corporate citizen and made a legitimate mistake. As a result, a fine was incurred and they are willing to accept some level of fine, some level of responsibility for what they did. The construction was continually on going, there were no delays other than the construction process itself. This was not someone’s house, it was a speculative venture. There had been some concerns with the shell contractor and the finish items themselves were significant enough that there were substantial delays. At that same hearing, Code Enforcement Officer Gerry said it was the position of Code Enforcement to get more assertive at the suggestion of Town Council and that these projects were to be more aggressively pursued. Under the new ordinance, for a house of approximately 5,000 sq. feet, they would be entitled to 24 months. This would

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