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Code Enforcement Board Meeting Minutes 07/17/08

have brought them to November 2007 and they would have gotten additional time for Hurricane Wilma which would have brought them to December. If they were under the new Code, they would not be before the Board today and may not have a fine at all. He realizes a mistake was made, he realizes something has to be paid but he thinks $35,000 is a significant fine. The Board has gotten their attention and they would ask for a significant reduction in the fine.

Mr. Fried asked how long it took to get the final inspection after the 22 months had run. Mr. Walton said they had been given 23 months due to the hurricanes and they were 5 months and 9 days beyond that. Mr. Ballentine asked how far out they would be under the new rules. Mr. Walton said they would be given 24 months which with the hurricane would be 25 months. Mr. Lynch said that at the end of that 24 month period, if they had not sought an extension of time within the required time period, no earlier than 6 months and no later than 45 days, before the expiration of that 24 months, their project would have been shut down. Mr. Wagner’s lack of knowledge of this particular situation would have become irrelevant because they would have been red tagged on the next day after the 24 month period. Mr. Lynch said Mr. Wagner did not know because he has been a good corporate citizen and had never been before the Board except on one occasion which was beyond his control; it was a maintenance item on the Glazer house. Mr. Walton said that situation was not due to Mr. Wagner’s fault, that he was just representing the owner.

Mr. Ballentine asked how Mr. Wagner did not know the Code requirement if he had built so many homes in the area and said he had difficulty with the ignorance of that.

Mr. Fried said he agreed with Mr. Ballentine and found it hard to believe that Mr. Wagner did not know the time limits. He said some reduction should be considered but he was not sure on what basis.

Mr. Ochstein remarked that the fine was around $35,000 and the house was on the market for $10.6 million dollars so he did not see the hardship. Mr. Lynch said he did not know the price but he would accept Mr. Ochstein’s statement on that. Mr. Lynch said the hardship was in the imposition of the fine itself, there were mistakes made and he believed that Council would have given them a significant extension of time if Mr. Wagner had been aware of the situation and filed the proper notice with Town Council.

Mr. Lynch said if some sort of arrangement could be reached today, his client would be in a position to pay within the next two weeks. Mr. Hoffman said he was concerned because he believed that when the case was originally heard, they had the option of fining $250.00 a day and they gave them a fine reduction at the time they initiated the fine of $125.00 a day. Mr. Walton corrected Mr. Hoffman, advising there was a motion for a fine of $125.00 a day which failed and the fine that was in effect was $250.00 a day. Mr. Lynch said he believed the record reflects something different than that. Mr. Walton said his records reflect $250.00

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