GOLF'S EDGE CODE ENFORCEMENT HEARING - ISSAC FEDER

Hi all,
We are going to start showing the March 23, 2011 Code Enforcement Hearing.
This Hearing took place at the Vista Center, at 2300 Jog Road; some 400 Century Village residents attended, and many more viewed the event on the Internet. We have uploaded the first two parts of a four part saga, over 4 hours in length.
Code enforcement cited one Issac Feder, a unit owner in Golf's Edge with changing usage of a residential unit without a certificate of occupancy. In short, the unit was being used as a house of worship.

Part1....... http://goo.gl/mS26L

Part 2...... http://goo.gl/4z2KW

Part 3....... http://goo.gl/RpZDS

Part  4...... http://goo.gl/jSqmR

Last but not least, Special Magistrate Carolyn Ansay, written order may be seen at the following URL:

http://goo.gl/pd6X9


See also in Sidebar under Public Service Announcement - Code Enforcement hearing.

Dave Israel
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WE WON TODAY - SEE YOU IN COURT

Hi all,

After more than 4 hours of witnesses and testimony in the Issac Feder v Palm Beach County Code Enforcement case, Special Magistrate Carolyn Ansay decided that Mr. Feder was indeed using his Condominium unit in Golf's Edge for other than residential use. As a result, Mr. Feder was given 30 days to "come into compliance", or sustain a fine of $100.00 per day!

The evidence of violation was rather overwhelming as this long drama played out before over 400 Century Village residents, in attendance at the Vista Center main hearing room, and overflow chambers with video feeds.

The attorney for Mr. Feder, Esther Zaretsky Esq. made a powerful closing argument which was totally ignored by the finder of fact on the bench.

The key subtext to the "other than residential use" finding; is that the use in question is for prayer meetings.

Ms, Zaretsky eloquently invoked the Religious Land Use and  Institutionalized Persons Act RLUIPA, which states in part:
.................................................................................

SECTION 1. SHORT TITLE.

This Act may be cited as the `Religious Land Use and Institutionalized Persons Act of 2000.


SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE.


(a) SUBSTANTIAL BURDENS-


(1) GENERAL RULE- No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution--
(A) is in furtherance of a compelling governmental interest; and


(B) is the least restrictive means of furthering that compelling governmental interest.
.......................................................................
Ms. Zaretsky passionately proclaimed "What compelling Government interest is impacted by dropping cigarettes butts on the ground" said act described by a witness as being ascribed to the prayer meeting congregants.

So, as the title of this Post suggests, we did indeed win today; but this case may be appealed, and I fear that todays decision will be reversed.

So, how should one proceed in such cases of "Other than Residential Use"? Look to Article XIII ( Use and Occupancy), or in the case of Golf's Edge, Article X, of your Declaration of Condominium; in other words, Enforce your Documents, and take violaters to Arbitration or Court.
................................................................

X

USE RESTRICTIONS

The use of the condominium property shall be in accordance with the following provisions as long as the condominium exists and the apartment building or buildings in useful condition exist upon the land.

A. Apartments. Each of the units shall be occupied only by a family, it’s servants and guests as a residence and for no other purpose. Except as reserved to the developer, no dwelling unit may be divided or sub-divided into a smaller unit nor any portion sold or otherwise transferred Without first amending this Declaration to show the changes in the units being effected..........

....................................................................................

Undoubtedly we will hear more on this case!

Dave Israel

FEDER HEARING TO BE WEBCAST

REF: http://www.pbcgov.com/pzb/CodeEnforcement/spec_magistrate.pdf

At the Site above, follow the instruction to view the hearing on your computer. Be sure you have Windows Media Player on your computer, if not, download it prior to the date of the hearing; March 23, 2011.

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Dave Israel

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CODE ENFORCEMENT HEARING - ISSAC FEDER

REF:
-http://www.pbcgov.com/pzb/CodeEnforcement/ce_agendas/2011/march/agenda_032311.pdf
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CODE ENFORCEMENT

SPECIAL MAGISTRATE HEARING AGENDA

MARCH 23, 2011 10:00 am

Special Magistrate: Carolyn S Ansay

D. SCHEDULED CASES

Respondent: Feder, Issac

 CEO: ( Code Enforcement Officer )

Agenda No.: 001 Status: Active

Elpidio Garcia

11 Sasev Ct, 105, Monroe, NY 10950-5939

Situs Address: 17 Golfs Edge, Unit 2 Bldg E, West Palm Beach, FL Case No: C-2011-01100001

PCN: 00-42-43-23-08-005-0172 Zoned: RH

Violations: 1 No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a Certificate of Occupancy.

PREVIOUS NOTICE OF VIOLATION C-2010-01250015

Details:

Code: PBC Amendments to the FBC 2007 Edition - 110.1

Issued: 01/13/2011 Status: CEH ( Code Enforcement Hearing )

cc: Esther A. Zaretsky Attorney At Law

Feder, Issac
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CODE ENFORCEMENT HEARING REGARDING ISSAC FEDER CONTINUED

Hi all,
The large hearing room at the Vista Center, 2300 Jog Road, has a rated capacity of 323 persons. Todays hearing, number 37 on the Special Master Docket, drew in excess of that number from Century Village alone. The response of our residents was marvelous, and exceeded any seen by Code Enforcement at that facility. A petition was submitted containing at least 800 Century Village Resident signatures.

Frank Cerabino, reporter for the Palm Beach Post was in  attendance, along with a Palm Beach Post staff photographer.

The essence of  Code Enforcements case is that Issac Feder is using one of his CV apartments, for other than Residential Housing.

Mr. Feder was represented at the hearing by Ms. Esther Zaretsky Esq. Attorney Zaretsky moved for a Continuance on the basis of not having received certain documents that she requested from the County Attorney, in a timely manner. 

The motion for Continuance was granted by the Special Magistrate, causing a rescheduling of the hearing to March 23, 2011 at 10:00am.

I spoke with the Building Administrator about Webcasting the hearing, which would allow us to onward transmit the hearing on channel 63; another remote possibility is that Code Enforcement will consider holding the hearing in our Clubhouse.

More news as it becomes available.

Dave Israel
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