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Code Enforcement Board Meeting Minutes 07/17/08

Violation of Chapter 42, Section 42-86 (19) of the Town of Palm Beach Code of Ordinances, cleared land must be re-sodded or replanted to prevent the creation of windblown dust or dirt and Chapter 42, Section 42-86, unsightly, unsafe or unsanitary conditions not permitted and properties to be maintained in good condition.

Code Enforcement Officer Weymer presented the facts of the case and said the violation was discovered on routine patrol. Mr. Weymer has been in contact with a property representative, Louis Pascerelli who said Mr. Horton had not been in Town to receive his mail. Mr. Weymer said Mr. Pascerelli had proposals from Hansen Landscape for the clean up and re-sod of the lot and a weekly maintenance contract to assure this does not happen again. Tropical Irrigation has also been contacted to put in a new irrigation system. The Town recommends a finding of non-compliance, administrative costs in the amount of $150.00 and the property owner given until August 18, 2008 to come into compliance. Mr. Fried said he believed a fine of some sort should be imposed. Mr. Ballentine asked how long Mr. Horton had been out of compliance. Mr. Weymer said the original warning was sent out on June 5, 2008 and a notice of violation and hearing was sent out on June 20, 2008. Mr. Weymer said the first contact with him was July 7, 2008. Mr. Ballentine asked if the August compliance date was reasonable and Mr. Weymer said Jim Hansen of Hansen Landscape thought it would be done before that date but he wanted more time in case he ran into any problems.

MOTION BY MR. FRIED TO FIND THE VIOLATOR IN NON-COMPLIANCE, ASSESS ADMINISTRATIVE COSTS IN THE AMOUNT OF $150.00 AND GIVE HIM UNTIL AUGUST 18, 2008 TO COME INTO COMPLIANCE.
SECONDED BY MR. OCHSTEIN
MOTION PASSED UNANIMOUSLY

J. Case # 08-2519, 206 Dunbar Road, AMF Estate Management
Violation of Chapter 42, Section 42-230 of the Town of Palm Beach Code of Ordinances, leaf blower over 65dBA at 50 ft.

Code Enforcement Officer Weymer presented the facts of the case and said he witnessed the violation on June 26, 2008. AMF had previously been warned on February 19, 2008 for using a leaf blower over 65dBA. Mr. Weymer performed a decibel test for this violation and the reading was 79.6 dBA at 50 feet. This is a class II violation under the fine schedule which has a $125.00 fine for the first offense. The violation was issued on site to a superintendant for AMF and has not been paid. The Town recommends a finding of non-compliance, administrative costs in the amount of $150.00 and payment of the $125.00 fine.

Mr. Hoffman asked whether this company had participated in the leaf blower testing being offered by Code Enforcement. Mr. Weymer said AMF had participated in the testing program and had several leaf blowers certified. He said

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