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Code Enforcement Board Meeting Minutes 07/17/08 made a legitimate mistake. As a result, a fine was incurred and they are willing to accept some level of fine, some level of responsibility for what they did. The construction was continually on going, there were no delays other than the construction process itself. This was not someone’s house, it was a speculative venture. There had been some concerns with the shell contractor and the finish items themselves were significant enough that there were substantial delays. At that same hearing, Code Enforcement Officer Gerry said it was the position of Code Enforcement to get more assertive at the suggestion of Town Council and that these projects were to be more aggressively pursued. Under the new ordinance, for a house of approximately 5,000 sq. feet, they would be entitled to 24 months. This would 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 prior to that 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 that next day after the 24 month period. Mr. Lynch said Mr. Wagner did not know because he has been a good corporate citizen, he had never been before the Board except on one occasion and that 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 he said he had difficulty with the ignorance of that. Mr. Fried said he agreed with Mr. Ballentine and he 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 18 HOUSE_OVERSIGHT_016591