Code Enforcement Board Meeting Minutes 07/17/08
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 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, 2008 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 have $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 that 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 fee. 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 she 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
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