Code Compliance

I. CALL TO ORDER, SPECIAL MAGISTRATE TOM ANSBRO

Special Magistrate Tom Ansbro called the hearing to order at approximately 5:00 PM on Thursday, May 27, 2021 with Town Attorney Alan Gabriel, Senior Code Inspector Bethany Banyas, and Planning Technician/Special Magistrate Clerk Sydney Ramirez to record the minutes.

II. SWEARING OF WITNESSES

The Special Magistrate would administer the oath.

III. OPENING STATEMENT

Please note for the record that this in-person hearing was also combined with virtual attendance using communications media technology via Zoom platform.

IV. PUBLIC COMMENTS

Cases were typed in the order they were called starting with if someone was in-person present or virtually present via Zoom platform.

V. CODE CASES NEW BUSINESS ITEM #V.1

Case #: 21050002 - Noise Violations

Senior Code Inspector Banyas testified that service for this hearing was delivered by hand to the manager on Saturday, May 15, 2021. It was also sent certified to the owner of the business and the owner of the property. There were signed green cards in the file. The violation was that live or amplified music was prohibited within the confines of an outdoor seating area. On Saturday, April 24, 2021, at approximately 11:00PM, this violation was first observed and verbal warning was given in person by Inspector Banyas to the manager on site. On Friday, May 7, 2021, at about 1:00PM, verbal warning was given by Town Staff via phone to one of the business owners. On the same day at approximately 3:00PM, warning was given again by Code Compliance on site to the general manager. On Friday, May 14, 2021, at about 8:00PM, verbal warning was given by BSO (Broward Sheriff Office) and on Saturday, May 15, 2021 at approximately 2:

Property Owner: Sealaud Management LLC (owner) Taco Craft (tenant) Address/Folio: 4400 N Ocean Drive

Code Section(s): Chapter 30 - Unified Land Development Regulations - Section 30-272 (h)(6)b approximately 2:30PM, a Notice of Violation/Notice of Hearing was issued and subsequently delivered to the Manager on site at 11:00PM. Since then, they have been in compliance and the music was set up inside the building per Town Code. Mr. Weiss was in attendance today and he was the registered agent. Ms. Banyas has photos to present to the Special Magistrate and discussion ensued about how to get them to Mr. Weiss as he was not in-person present but rather present virtually via Zoom. Mr. Weiss asked about the photos so perhaps he did not have to see them. Inspector Banyas explained that they were photos dated May 7, May 14, and May 15 of the music equipment, instruments, singer or two, etc. set up outside of the restaurant's doors. She answered the Special Magistrate that these were all live music types of events. She clarified that the Code had no distinction as to whether it was live music, a DJ, recorded music, etc. which was to be set up inside the restaurant. Inspector Banyas gave her pictures to the Special Magistrate who explained what he saw on the

Sam Weiss testified that he was appearing for both the property owner and the restaurant. This seemed like a miscommunication issue because for many years since the restaurant has been opened, it was understood that music could be played within the property but not on the street. It was set up under the overhang and they just recently understood that under the overhang was considered outside. Due to COVID, help was not always there but everyone has now been instructed regarding the rules. He felt that a finding should not be ordered because this was clearly a mistake and the restaurant could be fined $500 if there was a finding because a performer just happened to stroll outside in the future. The Special Magistrate explained that if a future violation would occur, it would come before the Special Magistrate and there would be due process with the opportunity to be heard. There would not necessarily be a $500 fine. If it would come in front of Special Magistrate Ansbro, he treated noise violations very seriously and would impose a large fine if facts warranted it. The Special Magistrate said that he would enter a Finding of Fact today because this violation happened on numerous occasions. Mr. Weiss felt that no one complained about

ITEM #V.2

Case #: 21050003 - Noise Violations

Property Owner: Anglin Fam Tr & Raymond Anglin (owner) Mulligan's (sub-lessor)

Address/Folio: 14 E Commercial Blvd

Code Section(s): Chapter 3 - Alcoholic Beverages - Section 3-6(b)

Attorney Alan Gabriel was virtually present via Zoom on behalf of the Town for this agenda item and left after this agenda item was heard. Senior Code Inspector Banyas testified that Anglin

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Family Trust was the property owner, the sub-lessor was Mulligan's and Fisherman's Pier was the original lessor. She answered the Special Magistrate that the property they were discussing was adjacent to the pier. Service was by hand delivery to Mulligan's manager on Saturday, May 15, 2021. It was also sent certified mail to the owner of the business, the owner of the property, as well as their registered agent and the attorney for the owner. The green card in the file was from the owner of the business. The violation was for music played (or any kind of entertainment) after 12 midnight until 9:00AM the following morning in a room serving alcoholic beverages, and in a non-soundproof room at a non-nightclub business. For the record, Inspector Banyas said that there were no nightclubs in the Town. The code was to protect the peace and quiet of the neighborhood. In the early morning on April 25, 2021, at approximately 1:00AM, music was playing by Mulligan's which was clearly audible to a Broward Sheriff Office (BS

ITEM #V.4

\*TAKEN OUT OF SEQUENCE

Case #: 21030007 - Vacation Rental

Property Owner:

1940 Waters Edge LLC

Address/Folio:

1940 Waters Edge

Code Section(s):

Sofia Carlson was virtually present via Zoom and was sworn in by the Special Magistrate. Senior Code Inspector Banyas was sworn in to also include retroactively her previous testimony that it was truthful and accurate. Inspector Banyas testified that Sofia Carlson was the rental agent. Signed green cards in the file were from the owner and the registered agent. Inspector Banyas explained that occupancy for a dwelling must not exceed two people per bedroom plus two persons per each additional 200 sq. ft. of interior living area. Total occupancy must not exceed ten persons. This single-family residency was observed offering occupancy for more than ten persons on web advertisement. The rental agent brought the property into compliance by correcting the advertisement. The Town requested a Finding of Fact stating the violation existed and was brought into compliance and in the future if it occurred again on this property in the next five years under the same ownership it might be deemed a repeat violator subject to immediate and higher fines. Ms. Banyas answered the Special Magistrate that the noncompliant advertisement stated eleven persons. The rental agent answered the Special Magistrate that she understood the law now

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As no one else was present, Ms. Ramirez would call the three cases that were continued to June 24,2021.

OLD BUSINESS

ITEM #V.7

Case #: 20100010 - Building Code Violations

Property Owner: Sauvageau, Danielle

Address/Folio: 4518 Seagrape Drive Units 1-2

Code Section(s): Florida Building Code Section 105.1. Required

For the record, no one was present to represent the property owner. This case was continued to the June 24, 2021 hearing.