Code Enforcement Board Meeting Minutes 07/17/08 MOTION PASSED UNANIMOUSLY Vil. Fine Consideration: A. Case # 08-2432, Beachfront Vista Property, Nightingale Beach Club Association Violation of Chapter 134, Section 134-1472 (3) of the Town of Palm Beach Code of Ordinances, no additional walls, fences, hedges or other structures or growth shall be erected or be grown eastwardly of Ocean Boulevard to a height greater than four (4) feet above the surface of the Ocean Boulevard. (Ms. Duemler recused herself as part of a previously declared conflict and Mr. Hoffman advised Mr. Vanneck would be a voting member in this case) Lead Code Enforcement Officer Walton said Nightingale Beach Club had previously been found in violation and were given time to obtain a permit. A permit had been obtained but there were some conditions attached to it. There have been two (2) inspections with the Florida Wildlife Commission and an agreement was reached to not require the vegetation to be trimmed until after turtle season. Since they have already been found in non-compliance, the Town recommends the time fro compliance be extended to November 7, 2008 and if compliance is not achieved by that date, a fine of $250.00 a day be imposed. Jack Maxey, 244 Nightingale Trail, presented some documents to the Board and advised he was president of the Nightingale Trail Beach Club Association. He said one of the documents was his application under duress for the permit. Mr. Maxey advised he had not been sworn in and was administered the oath of office by Recording Secretary Houston. Mr. Maxey said he has had a long correspondence with the legal department of the Department of Environmental Protection and he believes on an emotional level, they do not believe the trees should come down but they told him they could not find any statutory way to force the Town not to enforce the permit. They told him it should be the jurisdiction of a court, not the DEP. Mr. Maxey said the Town was cutting down its own