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Minutes 09-19-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN THE WEST WING OF CITY HALL, CONFERENCE ROOM "C," BOYNTON BEACH, FLORIDA ON WEDNESDAY, SEPTEMBER 19, 2001 AT 7:00 P.M. ' ' Present Chris DeLiso, Chairman Patti Hammer, Vice Chair (arrived ?:15p. m.) Bob Foot James Uiriana (arrived 7:15p. m.) Enrico Rossi Dee Zibelli Thomas WalSh, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Compliance Administrator (arrived 8 p.m.) Inspectors: Courtney Cain Luney Guillaume Skip Lewis Mike Melillo Vestiguerne Pierre Willie Webb Absent Sarah Williams I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:03 p.m. I1. APPROVAL OF MINUTES OF AUGUST 15, 2001 Mr. Foot asked Mr. Melillo if anyone had read the minutes for purposes of accuracy and Mr. Melillo responded that he had not read them. Motion Ms. Zibelli moved to accept the minutes of the August 15, 2001 meeting as submitted. Mr. Walsh seconded the motion that carried unanimously. III. APPROVAL OFTHE AGENDA Mr. Melillo requested the following change to the agenda: A. Page 12 (Case 01-1579) Complied Motion Mr. Rossi moved to accept the agenda as amended. Mr. Foot seconded the motion that carried unanimously. Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 IV. SWEARING IN OF WITNESSES AND INTRODUCTION Inspector Melillo called the roll and asked that the Respondents signify their presence. At the Chairman's request, the Recording Secretary administered the Oath to al~ persons who would be testifying at the meeting. Chairman DeLiSo explained the plea process. V. NEW BUSINESS A. CASES TO BE HEARD Case No. 00-2482 Property Address: Violations: Mattie Waters 1480 N.W. 2nd Street Chapter 15, Article IX-15-120. (E) 2B; Install or repair roof Inspector Melillo reported that this property had originally been cited on October 31, 2000 for violations of the Community Appearance Code. The violation was discovered through a routine neighborhood inspection. Service was accomplished by certified mail. Mattie Waters, 1480 N.W. 2nd Street, pled no contest and asked for 120 days. Motion Based on the testimony and evidence presented in Case No. 00-2482, Mr. Foot moved that this Board find as a matter of fact and as a conclusion of law, that Mattie Waters is in violation of Code Section Chapter 15, Article IX-15-120.(E)2B of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before January 14, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried unanimously. Case No. 01,1436 Property Address: Violation: Air Ref Company, Owner, Chris Ryan 550 Industrial Way Part 3, LDR, Chapter 4, Section 11; Part 3, LDR, Chapter 7.5-11, Section 5. B; Maintain site per plan and lar~dscape maintenance required; Replace any missing or dead hedges or grass; repair curbing and curb stops; stripe parking lot per recorded Site Plan. Inspector Melillo presented this case for Inspector Roy and reported that the property had originally been cited on June 15, 2001 for Site Plan violations and landscape maintenance. The violations were found during an environmental review. Service was accomplished by certified mail. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Mr. Foot abstained from discussion and voting on this case since Mr. Ryan was one of his clients. Chris Ryan, owner of Air Ref, 550 Industrial Way, Boynton Beach, pled not guilty. Inspector Melillo stated that the environmental review had been for the missing hedges and plants, the curb stops, and re-striping of the parking lot according to Site Plan. He shared some photographs of the property with the Board. Chairman DeLiso asked if he could see the Site Plan. Mr. Melillo responded that the Site Plan was recorded in the Building Department and that Mr. Jose Alfaro had done the environmental review and had the Site Plan, along with all the pertinent comments put on by Sanitation, the Building Department, Planning & Zoning, and the Code Compliance case on the site itself. Mr. Ryan stated that he bought the property in May of 2000 and filed permits with the City of Boynton Beach to do construction work, build offices, and put in a parking lot. All the plans were reviewed by the City and given to Mr. Ryan with approvals. When he came to get his occupational license, the City told him he had to go before an Environmental Review Board and he was given a long list of things that had to be done before he could get the occupational license. Mr. Ryan thought it should have been done at the plan approval stage and the City agreed. He had completed all the work according to the approved plans and was doing business when he came in to get the occupational license. If the list had been given to him when he was in the planning and pre-construction phase, the cost to do the work would have been more than 50% less than it will be now. Mr. Ryan produced the City's signed, approved permit and noted that an Inspector had come out and signed it as approved. The parking lot had been done exactly as planned and approved by the City. Mr. Ryan noted that the City had sent someone out to inspect the site on the 14th of June. On the 15th of June, he received a letter in the mail that he was in violation. When he did not hear anything from the City for a month, he called Mr. Alfaro who said that someone had been sick and he faxed Mr. Ryan a letter telling him the findings of the Environmental Review Board. Chairman DeLiso had a copy of something that Mr. Ryan believed to be an approved Site Plan; however, according to Inspector Melillo, it was a permit drawing for a concrete pad. He said the Site Plan had a drawing of all the required hedges, parking and so forth. Inspector Melillo said that Mr. Ryan needed a Site Plan that showed the hedges, the bushes, and the parking lot. Mr. Ryan noted that on the permit it had said "Tenant Parking." If the City wanted to follow a Site Plan, it should have advised him before he did the work. There was some agreement on this point. Mr. Rossi believed that everyone knew that the City requires properties to be developed according to Site Plans, and that parking lots needed to be striped. The City was asking Mr. Ryan to maintain the site according to the Site Plan as it had originally been approved. He believed it would have been prudent for Mr. Ryan to check the City's records before taking out a permit. He said that this case should not be treated any differently than any other person with commercial property. Mr. Ryan replied that he had 3 Meeting Minutes ' Code Compliance Board Boynton Beach, Florida September 19, 2001 asked for a Landscape Plan and one was attached and everything that was on the Landscape Plan was on the property. Chairman DeLiso understood Mr. Ryan's point of view but stated that any further action on the issue would have to come from Michael Rumpf, Planning & Zoning Director, or Kurt Bressner, the City Manager. Chairman DeLiso suggested that Mr. Ryan come to the City to obtain a copy of the Site Plan and speak to Messrs. Rumpf or Bressner about the matter if he so desired. He explained that this Board could not set a precedent wherein people could say "1 didn't know" as a reason for non-compliance. He expressed willingness to work with Mr. Ryan regarding the amount of time he needed to comply with the Environmental Review Board's requirements. Mr. Ryan asked for four months to come into compliance. Motion Based on the testimony and evidence presented in Case No. 01-1436, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Air Ref is in violation of Code Section Part 3 of the LDR, Chapter 4, Section 11 and Chapter 7.5-11, Section 5B of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before January 14, 2002. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Assistant City Attorney Tolces noted that there had been no mention of a fine in Vice Chair Hammer's motion and asked if this had been intentional. Vice Chair Hammer offered this amended motion. Motion Based on the testimony and evidence presented in Case No. 01-1436, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Air Ref is in violation of Code Section Part 3 of the Land Development Regulations, Chapter 4, Section 11 and Chapter 7.5-11, Section 5.B of the City Code of Orc~inances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before January 14, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion-t-ha~ ccrrlcd u,qc~P, imcu~ that carried 6-'~ (Mr. Foot abstairdng~. Case No. 01-1191 The Crossings of Boynton Beach Condo Association Property Address: 12 Crossings Circle F Violation(s): SBC 1994 Edition 3401.6; Mainter~ance required on all buildings listed: Building 1 Apt G; Building 2 Apts. E, F, G; Building 8 Apt. E stairs need to be repaired; Building 9 Apt. G; Building 10 Apt. F; Building 11 Apt. F stairs and deck and railings need to be repaired; Building '13 Apts. E, F, G, H stairs need to be 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 repaired; Building 14 Apts. E, F, G, stairs need to be repaired; Building 15 Apts. F, H; Building 16, Apt E; Building 7 Apts. F, G stairs, deck and railings and screen porch need to be repaired; Building 18 Apt. F stairs, deck and railings and screen porch need to be repaired; Apt. H stairs, deck and railings need to be repaired; Building 19 Apt. H; Building 20 Apts. E, F Building 21 Apts. E, F, G; Building 22 Apts. F, H; Building 23 Apts. B, E, H; Building 26 Apt. F; Building 27 Apts. E, F; Building 31 Apt. G; Building 34 Apt. C; Building 35 Apt. 6 E, H. Inspector Cain advised that the property had been cited on May 29, 2001 for violations of the Standard Building Code pertaining to repair of stairs and railings. The violations were discovered through a complaint by a neighbor. Service was accomplished by certified mail. Ms. Rena Beterton, Property Manager for The Crossings of Boynton Beach Condo Association, pled no contest, stating that they had been given a list of violations on May 29, 2001 and they needed another two months to finish the work, according to the contractor's estimates. Most of the work turned out to be new construction rather than repair. The work was more than three-quarters completed. Motion Based on the testimony and evidence presented in Case No. 01-1191, Bob Foot moved that this Board find as a matter of fact and as a conclusion of law, that The Crossings of Boynton Beach COndo Association is in violation of the Standard Building Code 1994 Edition, Section 3401.6, Maintenance of Stairs and Railings of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before October 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case No. 01-1096 Property Address: Violation(s): Biana H. Jones 221 N.W. 5th Court Chapter 15, Article IX-15- 120(D).lnc.; Repair or replace broken door and window. Remove all unregistered vehicles. Inspector Pierre reported that the violations had been discovered through routine neighborhood inspection. The door and one window were fixed. One window needs to be fixed and one unregistered vehicle is still there. Biana Jones, 221 N.W. 5th Court, Boynton Beach, pled no contest and stated that she needed more time and more money. For the past eighteen months she had visited her son twice a day in the hospital. She has a small shop and some days she is not able to work and spends more time with her son. Ms. Jones stated she could move the car now if she could find the key. In relation to the window, Inspector Pierre stated that Ms. Jones needed to get the money to purchase it. Chairman DeLiso asked if she could fix the window by January and move the car in sixty days and she replied that she could. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Motion Based on the testimony and evidence presented in Case No. 01-1096, Mr. Foot moved that this Board find as a matter of fact and as a conclusion of law, that Ms. Biana H. Jones is in violation of Code Section Chapter 15, Article IX-15-120(D).lnc of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on the car on or before November 19, 2001 and with regard to the window replacement, on or before January 14, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance DivisiOn to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Ms. Lynn Aronofsky verified with Mr. Foot that there would be a $25.00 fine plus administrative CostS for each item mentioned in the motion. Case No. 01-1514: Property Address: Violation(s): Rigel & Nigel Kowlessar 2888 S. Seacrest Boulevard Chapter 15, Article IX-15-120(D).lnc. Remove all trash and debris and tires from property. Register all cars. Cars must be operable. Inspector Laverdure reported that this property had originally been cited on ,June 26, 2001 for violations of the Community Appearance Code. The violations were discovered through a routine inspection and service was accomplished by certified mail. The violations that existed regarding trash, debris, and tires have come into compliance. There are still vehicles in the back yard but the inspectors could not get in to determine if the cars were registered. Ms. Zibelli asked how many vehicles there were and he replied three. Nigel Kowlessar, 2888 S. Seacrest Boulevard, Boynton Beach, pled no contest and asked for 90 days. Mr. Kowlessar recited his various financial difficulties. He was behind in his mortgage payment and was unable to find a 40-hour per week job. Mr. Miriana asked if the cars were operable and Mr. Kowlessar remarked that they were not at this time. Mr. Foot asked him why he had so many vehicles and he said he liked them. One of them was a 1970 Fury and it was a collectible and was registered but the tag had expired in August. Since the cars were not being driven, they had not been registered. Mr. Miriana asked him why he didn't just get rid of them and Mr, Kowlessar responded that he would have to sell them for $50 each and he did not wish to do that. Motion Based on the testimony and evidence presented in Case No. 01-1514, Mr. Foot moved that this Board find as a matter of fact and as a conclusion of law, that Rigel and Nigel Kowlessar are in violation of Code Section Chapter 15, Article IX-15-120(D).lnc of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before November 19, 2001. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Hammer seconded the motion that carried 6-1. Case No. 01-1551 Property Address: Violation(s): Hector L. & DaHene Oquendo 165 N. Palm Drive Chapter 15, Article IX-15-120(D).1A; Make operable and register the covered- up vehicle or remove it. Also, remove all old tires, refrigerator and other auto parts, trash, and debris (hurricane hazards); Section 10.2 Boynton Beach Code of Ordinances overgrowth and/or debris; Section 10-3 hurricane hazards; and Section 10-52(A) abandoned vehicles or parts thereof. Inspector Laverdure reported that this property had been cited on June 28, 2001 for the above violations. Service was accomplished by certified mail. He shared pictures with the Board. Inspector Laverdure noted that the refrigerator was no longer on the property and that the only violations remaining were two inoperable vehicles, Hector Oquendo, 1650 N. Palm Drive, Boynton Beach, pled no contest. He stated that someone had stolen the car a year ago and just brought it back. He had no money to fix it. He and his wife were both disabled. Chairman DeLiso asked if the Respondent was running a car dealership and he responded that he was not. Someone gave him a car for his son to work on. His son's car works. The Respondent asked for three months to get the cars up and running. Chairman DeLiso advised the Respondent that the Board wanted the Chevrolet moved within 30 days and the Chrysler-New Yorker in 90 days. Motion Based on the testimony and evidence presented in Case No. 01-1551, Mr. Foot moved that this Board find as a matter of fact and as a conclusion of law, that Hector L. & Darlene Oquendo are in violation of Code Section Chapter 15, Article IX-15-120(D).lnc of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before October 15, 2001 for the Chevrolet and December 17, 2001 for the Chrysler-New Yorker. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day per vehicle plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Scott Blasie arrived at 8:00 p.m. Case No. 01-1570 Property Address: Violation(s): Felicia Antoine 3180 E. Atlantic Drive Chapter 15, Article IX-15-120(D).lA; register and make vehicle operable, put 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 street number on house; fix mailbox; mow and de-weed yard; Section 10-2 overgrowth and/or debris; Section 10- 52(A) of the Boynton Beach Code of Ordinances, abandoned vehicles or parts thereof. Inspector Laverdure reported that the property had originally been cited on June 29, 2001. The violations were discovered through routine inspection and service was accomplished by certified mail. Dennis Merilus, 3'180 East Atlantic Drive, Boynton Beach, pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1570, Mr. Foot moved that this Board find as a matter of fact and as a conclusion of law, that Fei/cia Antoine and Dennis Merilus are in violation of Code Section Chapter 15, Article IX-15-120(D).lA and Section 10-2 and 10-52A of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before October 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Rossi seconded the motion that carried 7-0. Case No. 01-1624 Property Address: Violation(s): Michael & Kimberly Tolliver 3200 N. Seacrest Boulevard Chapter 15, Article IX-15-120(D).lA, '1.D, and Section 10-2 of the Boynton Beach Code of Ordinances; install sod in yard; deweed and take care of overgrowth and debris. Inspector Laverdure reported that this property was originally cited on July 10, 2001 for violations of the Community Appearance Code. The violation was discovered through routine inspection. Service was accomplished by certified mail. Inspector Laverdure shared pictures with the Board. Michael Tolliver, 3200 N. Seacrest Boulevard, Boynton Beach, pled no contest and asked for 90 days. Inspector Laverdure had no objection to that. Mr. Tolliver asked for that length of time so he could get sod. They work for the Palm Beach County School Board and they just got back to regular pay. They also have to install a sprinkler system. He had sod there when they first moved in but it died. Motion Based on the testimony and evidence presented in Case No. 01-1624, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Michael & Kimberly Tolliver are in violation of Code Section Chapter 15, Article IX-15- Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 120(D).1A and 1.D and Section 10-2 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before December 17, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried 7-0. Case No. 01-1766 Property Address: Violation(s): Sandra Bezares 181 N, Atlantic Drive Chapter 15, Article IX-15- 120(D).1A and Section 10-52(A) of the Boynton Beach Code of Ordinances; register and make operable truck and red car or remove from property. Inspector Laverdure reported that this property had originally been cited on July 21, 2001 for violations of the Community Appearance Code. The violations were discovered through a routine neighborhood inspection and service was accomplished by certified mail. Inspector Laverdure distributed photographs to the Board members. Angel Bezares, '181 N. Atlantic Drive, Boynton Beach, pled no contest and asked for 60 days. He stated that both vehicles were in operating condition but he could not afford to register them now. He just started working recently and had to pay his mortgage first. Motion Based on the testimony and evidence presented in Case No. 01-1766, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of taw, that Sandra and Angel Bezares are in violation of Code Section Chapter 15, Article IX-15- 120(D).lA and Section 10-52(A) of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 19, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 7-0. V. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Previously Tabled) Case No. 01-832 Peter & Barbara Johnson 2404 S.W. 4th Street Inspector Melillo reported that this property had been cited on April 9, 2001 for violations of the Standard Building Code concerning permits. A Code Compliance Board hearing was held on June 20, 2001 and no one appeared. A compliance date of July 2, 2001 and proposed fine of $25.00 per day were set by the Board. The property has not yet come into compliance for 65 days of non-compliance. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Peter Johnson, 2404 S.W. 4th Street, Boynton Beach, showed the Board pictures of a wall he built without a permit since he did not know he needed a permit. In June he came to the City to apply for a permit and got a letter from the engineer and he left for Canada and did not come back until August. He had built and measured it but it was off by 8 inches so he tore the wall down. He applied for a permit. He stated that in order to leave the pad, it had to be 24" on his property. It is a new rule, put in for zero lot lines. His property has a thirty foot easement on S.W. 23rd with a six foot drop. His driveway slants downward. He came in and talked with Don Johnson. He got the permit, which cost $450. He got another letter from the engineer saying that water runs downhill and that there is a swale. The only way he could solve it was to rebuild the concrete wall. He wanted to put railway ties in. The City thinks he is constructing something and he thinks he is gardening. He applied for a permit for the wall last week and it contained the exact same code as the three story apartment building going in at the end of his road. Every four feet he has to put in re-bar. He haS to glue it into the concrete. He had documentation for everything and was getting very frustrated. Inspector Melillo suggested tabling the case for 60 days to allow time for the permits, plans check, etc. to take place and decide what to do about fines, if any, at that time. Motion Mr. Rossi moved to table Case No. 01-832 until the Code Compliance Board Meeting of November 21, 2001. Vice Chair Hammer seconded the motion that carried 7-0. Case No. 99-704 Charles & Fred Rahming 502 N.W. 5th Street Boynton Beach, Florida 224 N.E. 10th Avenue Inspector Webb reported that this case had originally been cited on April 8, 1999 for violations of the Community Appearance, Land Development Regulations and Standard Building Codes. A Code Compliance Board hearing was held on February 16, 2000 and the Respondents did appear. A compliance date of August 14, 2000 and proposed fine of $25.00 per day were set by the Board. The property has not yet come into compliance for 37 days of non-compliance. Messrs. Rahming were applying for Community Redevelopment assistance and that is why the case was tabled. Chairman DeLiso asked for the status of his request for assistance and ~nspector Webb responded that he had been approved for assistance and that the paint was being teSted now. Mr. Blasie asked that it be tabled until October. Motion Vice Chair Hammer moved to table Case No. 99-704 until the Code Compliance Board meeting of October 17, 2001. Mr. Miriana seconded the motion that carried 7-0. Case No. 01-746 Edward Pickett 942 N.W. 8th Avenue Inspector Pierre reported that this property had been cited on April 2, 2001 for Community Appearance Code violations. A Code Compliance Board hearing was held on July 18, 2001 and no one appeared. A compliance date of August 13, 2001 and a 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 proposed fine of $25.00 per day were set by the Board. The property has not yet come into compliance for 37 days of non-compliance. Edward Pickett, 942 N.W. 8th Avenue, Boynton Beach, pled no contest and was advised that he was no longer in that stage. Mr. Pickett stated that he had to fix his driveway and paint the house and that he was in the process of refinancing it so he could afford to make the improvements. He was in the process of having an appraisal done and expected a check from the refinancing in about a week and a half, Chairman DeLiso asked if he was doing anything at all to take care of the property and ~nspector Pierre stated that he had removed some debris from the property. Motion Mr. Miriana moved to table Case No. 01-746 until the Code Compliance Board meeting of November 21,2001. Mr. Foot seconded the motion that carried 7-0. Case No. 01-1217 Henry L. Watson 508 N.W. 9th Avenue Inspector Pierre reported that this property had been cited on May 2, 2001 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on July 18, 2001 and no one appeared. A compliance date of August 13, 2001 and a proposed fine of $25.00 per day were set by the Board. The property had not complied for 37 days of non-compliance. Henry Watson, 508 N.W. 9th Avenue, Boynton Beach, stated that he still needed two weeks to comply. Motion Mr. Foot moved to table Case No. 01-1217 until the Code Compliance Board meeting of October 17, 2001. Vice Chair Hammer seconded the motion that carried 7-0. Case No. 01-1031 225 N.W. 3"d Avenue Paul & Virginia Halenda Inspector Webb reported that this property had originally been cited on May 4, 2001 for violation of the Community Appearance Code. A Code Compliance Board hearing was held on July 18, 2001 and no one appeared. A compliance date of August 13, 2001 and a proposed fine of $25.00 per day were set by the Board. The property has not yet come into compliance for 37 days of non-compliance. The City asked that the case be tabled for sixty days. Mr. & Mrs. Halenda just received the application for assistance from Community Redevelopment. Motion Mr. Foot moved to table Case No. 01-1031 until the Code Compliance Board meeting of November 21, 2001. Vice Chair Hammer seconded the motion that carried 7-0. 11 Meeting Minutes · Code Compliance Board Boynton Beach, Florida September 19, 2001 Case No. 01-1111 115 N.W. 6th Avenue Elizabeth Gamble & Willie Denson Inspector Webb reported that this property had been cited on May 17, 2001 for violations of the Community Appearance Code, including an unlicensed, inoperable vehicle. The trash in the carport had been removed. Service was obtained by posting and certified mail. A Code Compliance Board hearing was held on July 18, 2001 and no one appeared. A compliance date and proposed fine were set by the Board of August 13, 200'1 or be fined $25,00 per day. The property has not yet complied for 37 days of non- compliance to date, ~ Grace Denson, 220 N.W. 6th Avenue, appeared but this was not her property. She offered to advise her brother-in-law of the fact that if the vehicle were not moved he would be subject to Board action that would certify the fine and put a lien against his house. Mr. Scott Blasie mentioned that this was a complaint by a City official. He did not think Mr. Denson was in a position to comply with the Order but the Board had initiated the Order. Motion Mr. Foot moved to table Case No. 01-1111 until the October 16, 2000 meeting of the Code Compliance Board. The motion died for lack of a second. Chairman DeLiso suggested that the Code Inspectors make a determined effort to contact Mr. Denson to see what could be done about the situation. Mr. Blasie commented that Mr. Cain had spoken to Mr. Denson and Mr. Denson questioned why the City was hassling him since the car was not bothering anyone where it was. Also, he could not afford to fix it. Motion Mr. Miriana read a motion that would certify the fine at $634.12. He was advised that it would have to be based on a dollar amount per day until it came into compliance. He withdrew the motion. Motion Based on the testimony and evidence presented in Case No. 01-1111, and having considered the gravity of the violation, the actions taken by 'the Respondents, and any and all previous violations committed by the Respondents, Mr. Miriana moved that this Board find that Elizabeth Gamble and Willie Denson have violated this Board's prior Order of July 18, 2001, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion. The motion failed 3-4, Chairman DeLiso, Robert Foot, Vice Chair Hammer, Thomas Walsh dissenting. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Motion Mr. Foot moved to table Case No. 01-1111 until the October 17, 2001 meeting of the Code Compliance Board. Vice Chair Hammer seconded the motion that passed 6-1, Tom Walsh dissenting. V. OLD BUSINESS B. LIEN REDUCTIONS Case #96-2934 Carlo Gilles & Jean St. Fort 240 N.W. 14th Avenue Mr. Blasie presented before and after photos of the property. A notice of violation for lack of grass in the swale was mailed to property owners on August 1, 1996. No one appeared at the October 16, 1996 hearing. A compliance date of November 18, 1996 was set or be fined $25.00 per day. The property complied on March 14, 1997 for 115 days of non-compliance. The fine was $2,875.00 plus administrative costs of $730.15. No one appeared at the certification hearing. Mr. Blasie reported that the property owners had already spent $16,000 on landscaping of the property and that the appearance of the property was more than acceptable. Carlo Gilles, 240 N.W. 14th Avenue, explained that the lien had come to his attention when he applied to refinance his loan on the property. He recently immigrated to the United States from Haiti and stated that if he did receive a notice, he did not realize that it pertained to him. Inspector Vestiguerne Pierre translated for Mr. Gilles, who said he hoped the Board would reduce the fine to zero or to the administrative costs of $730.15. Motion Based on the testimony and evidence presented in Case No. 96-2934, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Miriana moved that this Board find that the fine instituted in Case No. 96-2934, by virtue of this Board's Order of October 16, 1996, be reduced to administrative costs of $730.15 plus $500 for a total of $1,234.15. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. The motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 96-2934, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 96-2934, by virtue of this Board's Order of October 16, 1996, be reduced to $1,000 total. Mr. Miriana seconded the motion. The motion passed 4-3, Chairman DeLiso, Tom Walsh, and Vice Chair Hammer dissenting. Case #99-1247 Maureen Maas 3825 Lone Pine Road Delray Beach, FI 3010 S.E. 2"d Street 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Mr. Blasie reported that this property had originally been cited on June 2, 1999 for lack of grass and hedges that had to be replaced. The property was posted and the certified mail was returned from the post office with a note "Left - No Forwarding Address." Tax roll printouts from August 18, 1999 and June 1, 1999 reflected Ms. Maas' address as 3010 S.E. 2nd Street. A hearing was held on August 18, 1999 and no one appeared. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property complied on September 11, 2001 for 728 days of non-compliance and a fine of $18,200.00 plus $634.12 in administrative costs. Maureen Maas, 3825 Lone Pine Road, Delray Beach, stated that this property was the only rental property she had in Boynton Beach, She inherited several others m Delray Beach as a result of a divorce. She stated that she never received any notice in the mail since they were sent to the S.E. 2"d Street address and not her correct address in Delray Beach. When they posted a notice on the duplex, her renters must have taken it down. The lien came to her attention when she tried to sell another house she owned on Lone Pine Road in Delray Beach. If she had known about the problem she would have fixed it immediately. She stated that she was unable to pay the fine since she was now divorced and alone. She supported herself by working as a schoolteacher in Delray Beach and by the income from various rental properties left to her in the divorce settlement. The Board was split in their opinions on the case. Some felt that Ms. Maas was not at fault since she had received no notification of the violation or fine. Others felt that it was her responsibility to notify the taxing and other authorities of her correct address. There were questions about her statements of her financial limitations. Also,..it was n_oted that she showed above averaqe knowtedqe of the real estate business. Motion Based on the testimony and evidence presented in Case No. 99-1247, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 99-1247, by virtue of this Board's Order of August 18, 1999, be reduced to $1,634.12 including administrative costs. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Mr. Miriana seconded the motion. The motion failed 3-4, Chairman DeLiso, Tom Walsh, Dee Zibelli, and Patti Hammer dissenting. Chairman DeLiso asked for a motion from the prevailing side. Motion Based on the testimony and evidence presented in Case No. 99-1247, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Hammer moved that this Board find that the fine instituted in Case No. 99-1247, by virtue of this Board's Order of August 18, 1999, be reduced to administrative costs of $634.12 total. Mr. Walsh seconded the motion. The motion failed 3-4, Chairman DeLiso, Robert Foot, James Miriana, and Enrico Rossi dissenting. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Motion Based on the testimony and evidence presented in Case No. 99-1247, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Walsh moved that this Board find that the fine instituted in Case No. 99-1247, by virtue of this Board,s Order of August 18, 1999, be reduced to $0. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Vice Chair Hammer seconded the motion that carried 4-2, Messrs. Foot and Miriana dissenting. Mr. Rossi was out of the room. Case #01-307 Evelyn Velez 231 Miner Road Boynton Beach 3220 E. Palm Drive Mr. Blasie commented that Ms. Velez had been in attendance with a small child all evening and finally had to leave before her case was heard. Staff recommended tabling the case until the next meeting. Motion Mr. Foot moved to table Case No. 01-307 until the Code Compliance Board Meeting to be held on October 17, 2001. Mr. Miriana seconded the motion that carried unanimously. Case #98-3216 Nikolaos Rombakis 630 Lakeside Harbour Boynton Beach, FI 1017 N. Federal Highway Mr. Blasie stated that this property was now known as Nuttin' But Ribs and that it had been cited on October 20, 1998 for not maintaining hedges and trees per the Site Plan. There were also some handicapped signs missing and other items. Mr. Blasie shared before and after photographs of the property. A hearing date was set for January 20, 1999 and no one appeared. A compliance date of February 15, 1999 was set or be fined $25.00 per day. The property came into compliance on September 4, 2001 for 931 days of non-compliance and an accrued fine of $23,275.00 plus $730.15 in administrative costs. This is the only property Mr. Rombakis owns. Mr. Blasie advised that Mr. Rombakis was in Greece and was unable to come back into the country for immigration reasons. Mr. John Yull, 630 Lakeside Harbour, appeared on behalf of Mr. Rombakis. Mr. Yull purchased Mr. Rombakis' home a year ago and felt that he wanted to assist Mr. Rombakis by helping to clear up his lien problem. He distributed copies of a letter he had written explaining the reasons the situation had gone on for so long. He explained that the contractor Mr. Rombakis had engaged to settle the lien matter had assured Mr. Rombakis that the matter had been resolved. Months later, he learned that the lien was still in effect. He had tried to have various people settle it but it was difficult to manage from Greece. Mr. Rombakis sent an apology to the City through Mr. Yull. Mr. Rombakis is attempting to sell the cited property. Mr. Yull had spent about $4,000 to bring the property into compliance. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 It was surprising to the Board that Mr. Yull had been able 'to purchase Mr. Rombakis' home since the lien should have been applied to the property before he purchased it. He assured them that there had been no lien on his Lakeside Harbour house at the time he bought it. Mr. Blasie reported that the lien was recorded on June 28, 1999 and Mr. Yull stated that he purchased the home on July 1, 2000. Motion Based on the testimony and evidence presented in Case No. 98-3216, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 98-3216, by virtue of this Beard's Order of January 20, 1999, be reduced to $3,230.15, representing a fine of $2,500 plus administrative costs of $730.15. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Mr. Miriana seconded the motion that carried unanimously. Mr. Yull stated that he did not believe Mr. Rombakis would be able to pay that amount. Case #00-3455 Thomas Cornell 620 N.E. 12th Avenue Mr. Blasie stated that this property had originally been cited on December 19, 2000 for violations of the Land Development Regulations concerning the condition of structures, work done without a permit, and the lack of an occupational license for rental property. The case came before the Board on March 21, 2001 and no one appeared. The date and fine were set as April 16, 2001 or be fined $75.00 per day, and the property subsequently came into compliance on September 4, 2001. There were 141 days of non-compliance for a total accrued fine of $10,575.00 plus administrative costs of $730.15. Mr. Cornell owns three properties in Palm Beach County. Mr. Blasie said that a tax roll list of December 15, 2000 showed Mr. Cornell living at this address. Thomas Cornell, 620 N.E. 12th Avenue, appeared and stated that he lives in Delray Beach and had never received notice of a violation. He found out about the violation when he was mowing his property about three months ago. As soon as he found out about it, he secured his license, and did all that he had to do to bring the property into compliance. Vice Chair Hammer asked Mr. Cornell if his tenants mail their rent or if he picks it up and he confirmed the latter. He said his tenants had never told him of any notices coming in the mail or being posted at the property. Chair DeLiso asked Mr. Cornell what it had cost him to come into compliance and he replied about $4,000. It had been very expensive to move the electrical service. Mr. Foot asked why the fine had been $75.00 per day and whether Mr. Cornell was a repeat violator. Mr. Blasie replied that they could check the minutes and that Mr. Cornell was not a repeat violator. Motion Based on the testimony and evidence presented in Case No. 00-3455, and having been advised that the Respondent has complied with all lien reduction procedures set forth in 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Miriana moved that this Board find that the fine instituted in Case No. 00-3455, by virtue of this Board's Order of March 21, 2001, be reduced to $1,000 total. Vice Chair Hammer seconded the motion that failed 3-4, Chairman DeLiso, Robert Foot, Enrico Rossi, and Dee Zibelli dissenting. Motion Based on the testimony and evidence presented in Case No. 00-3455, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 00-3455, by virtue of this Board's Order of March 21, 2001, be reduced to $1,730.15. Vice Chair Hammer seconded the motion that carried unanimously. Case #01-0006 Florida PJ Group, Inc. 388 N.W. 41st Avenue Deerfield Beach, FI 33442 1401 N.W. 3r~ Street Mr. Blasie reported that the property had originally been cited on January 3, 2001 for violations of the Community Appearance Code. No one appeared at the hearing on March 21, 2001. A compliance date and fine were set at that time of April 16, 2001 or be fined $25.00 per day. The property came into compliance on September 13, 2001 for 58 days of non-compliance and a total accrued fine of $1,450 plus administrative costs of $634.12. Carlo Jean-Joseph, Attorney-at-Law, appeared and explained that his wife, who wanted to give to the community, had purchased this property for resale to Haitians at a very Iow profit. When this particular property was purchased, it was in a state of extreme disrepair and they had to make a lot of improvements. They had not made a penny from it. He asked for a reduction to administrative costs only. Motion Based on the testimony and evidence presented in Case No. 01-0006, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Miriana moved that this Board find that the fine instituted in Case No. 01-0006, by virtue of this Board's Order of March 21, 2001, be reduced to administrative costs of $634.12. Vice Chair Hammer seconded the motion that carried unanimously. Case #01-176 Florida PJ Group, Inc. 388 N.W. 41st Avenue Deerfield Beach, FI 33442 1401 N.W. 3rd Street Mr. Blasie stated that this was a violation on the same property that resulted from the Respondent's attempts to improve the property. A Building Inspector found that they were doing some minor interior remodeling without permits. They replaced a water heater and doors and put a fence up. They believed that replacing existing items would not require a permit. The accrued fine came to $1,450.00. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Motion Based on the testimony and evidence presented in Case No. 01-176, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Miriana moved that this Board find that the fine instituted in Case No. 01-176, by virtue of this Board's Order of March 21, 2001, be reduced to $0. This order is not final until the expiration of the time of appeal expires under Ordinance 1-07. Vice Chair Hammer seconded the motion that carried unanimously. .CHAIRMAN DELISO CALLED FOR A FIVE-MINUTE RECESS A T 9:55 P.M. THE MEETING RECONVENED A T 10:00 P.M. CASES TO BE HEARD Case No. 01-1606 Property Address: Violation(s): Jerry Poole 719 Presidential Drive Part 3, LDR, Chapter 2, Section 4.N; Sand blowing onto road and neighbor's property. Construction materials must be contained. Inspector Melillo reported that this property had been cited on July 7, 2001. The violation was discovered through a complaint from a neighbor and the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1606, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Jerry Poole is in violation of Code Section Part 3, LDR, Chapter 2, Section 4.N of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 15, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case No. 01-1764 Property Address: Violation(s): Susan Mize 330 N.W. 1st Avenue Chapter 15, Article IX-15-120(D).l Inc.; mow, trim, remove trash and debris. Possible occupational license required for rental; 10-2 of the Boynton Beach Code of Ordinances. Inspector Lewis reported that this property had originally been cited on July 20, 2001 for the stated violations. The City recommended 30 days. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Motion Based on the testimony and evidence presented in Case No. 01-1764, Mr. Foot moved that this Board find as a matter of fact and as a conclusion of law, that Susan Mize is in violation of Code Section Chapter 15, Article IX-15-120(D).1 Inc of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before October 15, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case No. 01-1953 Property Address: Violation(s): Don Pinatel 634 S.W. 1st Avenue Chapter 15, Article IX-15- 120(D).lnc, and Section 10'2 of the Boynton Beach Code of Ordinances; mow overgrown yard areas and trim all overgrown hedges and trees. Inspector Lewis reported that this property had been cited on July 30, 2001. The City recommended fifteen days. Motion Based on the testimOny and evidence presented in Case No. 01-1953, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that Don Pinatel is in violation of Code Section Chapter 15, Article IX-15-120(D).lnc. and Section 10-2 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 6, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case No. 01-1857 Property Address: Violation(s): Audrea Lang 200 S,W. 13th Avenue Chapter 15, Article IX-15-120(E)2 and (D)l.lnc and I.A; mow and trim overgrowth; remove trash and debris; restore pool to sanitary condition; repair pool screening. Inspector Lewis reported that this property had originally been cited on July 25, 2001. The City recommended 30 days. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Motion Based on the testimony and evidence presented in Case No. 01-1857, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Audrea Lang is in violation of Code Section Chapter 15, Article IX-15-120(E)1 and (D)l.lnc. and 1.A of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 15, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case No. 01-1483 Property Address: Violation(s): Louis Marcelin 501 N.W. 13th Avenue Chapter 15, Article IX-15- 120(D).lA and (D)I.E.; Mow and remove loose debris. Inspector Webb reported that this property had been cited on June 21, 2001. The violations were discovered through a routine inspection of the neighborhood. Staff recommended ten (10) days. Motion Based on the testimony and evidence presented in Case No. 01-1483, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Louis Marcelin is in violation of Code Section Chapter 15, Article IX-15-120(D)lA and (D)I.E of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before October 1, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case No. 01-1686 Property Address: Violation(s): Ken Schweitzer/Steven McGuirk 321 N. Railroad Avenue Standard Building Code 1997 Edition 104.1.1 and 104.7.2; replacing mansard roof without a permit; Red Tag from Building Department dated 719101; G. Ball. Inspector Webb reported that this property had originally been cited on July 17, 2001 and was discovered through a Red Tag from the Building Department. Staff recommended 30 days. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Motion Based on the testimony and evidence presented in Case No. 01-1686, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Ken Schweitzer and Steven McGuirk are in violation of Code Section Standard Building Code 1997 Edition, 104.1.1 and 104.7.2 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to'verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case No. 01-542 Property Address: Violation(s): Jean C. & Emanet Louis 2634 N.E. 3rd Street Section 10-52 and 13-16 of the City Code of Ordinances; occupational license and inoperable vehicle on private property Inspector Cain reported that this property had originally been cited on March 12, 2001. The City recommended ten days. Motion Based on the testimony and evidence presented in Case No. 01-542, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Jean C. & Emanet Louis are in violation of Code Sections 10-52 and 13-16 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 5, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case No. 01-1450 Property Address: Violation(s): Suau Enterprises, Inc. 2360 N. Federal Highway Part 3, LDR, Chapter 2, Section 6.C.6; Exterior storage of merchandise in trailer not permitted. Trailer must be removed. Inspector Cain reported that this property had originally been cited on June 18, 2001. The City recommended 120 days. Motion Based on the testimony and evidence presented in Case No. 01-1450, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that 21 Meeting Minutes Code Compliance Board Boynton BeaCh, Florida September 19, 2001 Suau Enterprises, Inc. is in violation of Code Section Part 3, LDR, Chapter 2, Section 6.C.6 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before January 24, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion tha~ carried unanimously. Case No. 01-1695 Property Address: Violation(s): Lloyd Taylor Tr 559 N.W. 9th Avenue Chapter 15, Article IX-15- 120(D)lnc. and Section 45-16 of the Boynton Beach Code of Ordinances; mandatory street numbers; remove all trash and debris on easement. De-weed driveway or install a new driveway Inspector Pierre reported that this property had been cited on July 18, 2001. It was discovered through a routine inspection and service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1695, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Lloyd Taylor Tr is in violation of Code Section Chapter 15, Article IX-15-120(D)lnc. and Section 15-16 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case No. 0'1-1963 Property Address: Violation(s): J.L. & Isadora Johnson 533 N.W. 13th Avenue Chapter 15, Article IX-15- 120(D).lnc.; Unregistered vehicles; remove all vehicles in back yard. InspeCtor Pierre reported that this property had originally been cited August 6, 2001. It was ,discovered through a routine inspection of the neighborhood. Service was accomplished by certified mail. The City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 01-1963, ViCe Chair Hammer mOved that this Board find as a matter of fact and as a conclusion of law, that 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 J.L. & Isadora Johnson are in violation of Code Section Chapter 15, Article IX-15- 120(D).lnc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 5, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case No. 01-2170 Property Address: Violation(s): Alton & Ruthie Banks 430 N.W. 5th Avenue Chapter 15, Article IX-15- 120(D).lnc. and Section 13-16 of the Boynton Beach Code of Ordinances; Remove all debris in back and carport including all unregistered/inoperable vehicles; occupational license required. Inspector Pierre reported that this property had originally been cited on August 17, 2001. The violations were discovered through a routine neighborhood inspection and service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2170, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Alton & Ruthie Banks are in violation of Code Section Chapter 15, Article IX-15- 120(D).lnc. and Section 13-16 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the. motion that carried unanimously. Case No. 01-1482 Property Address: Violation(s): Ziad Kaddouri 1611 N. Seacrest Boulevard Section 13-16 of the Boynton Beach Code of Ordinances; occupational license required. Inspector Laverdure reported that this property had originally been cited on June 21, 2001. Service was obtained by posting. The violation was discovered through a complaint. The City recommended ten (10) days. Motion Based on the testimony and evidence presented in Case No. 01-1482, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Ziad Kaddouri is in violation of Code Section Chapter 13-16 of the City Code of 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 1, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case No. 01-1871 Property Address: Violation(s): Philippe & Antonie C. Jean 120 S. Atlantic Drive West Chapter 15, Article IX-15- 120(D).1A and Section 10-52(A) of the City Code of Ordinances. Register truck and remove all storage from porch or carport. Inspector Laverdure reported that this property had originally been cited on July 26, 2001. The violation was discovered through a routine inspection and service was accomplished by certified mail. The City recommended ten days. Motion Based on the testimony and evidence presented in Case No. 01-1871, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Philippe & Antonie C. Jean are in violation of Code Section Chapter 15, Article IX-15- 120(D).1A and Section 10-52(A) of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 1, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case No. 01-1928 Property Address: Violation(s): Eleanor Parker 3010 No. Seacrest Blvd. Chapter 15, Article IX-15- 120(D).lA and Section 10-52 (A) of the BBC of Ordinances. Register and make operable vehicles or remove from property. Inspector Laverdure reported that this property had originally been cited on July 30, 2001. It was discovered through a routine inspection of the neighborhood. Service was accomplished by certified mail. The City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 01-1928, Vice Chair Hammer moved that this Board find as a matter of fact and as a conclusion of law, that Eleanor Parker is in violation of Code Section Chapter 15, Article IX-15-120(D).1A and Section 10-52(A) of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before October 1, 2001. If the 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. V. OLD BUSINESS (Continued) A. LIEN PENALTY CERTIFICATIONS (Not Present) Mr. Scott Blasie stated that he was going to try the expedited method suggested by the City Attorney's office of batching "like" cases. Mr. Blasie stated that staff recommended tabling Case 00-3203 until October. Motion Mr. Miriana moved to table Case 00-3203 until the October 17, 2001 meeting of the Code Compliance Board. Mr. Rossi seconded the motion that passed unanimously. Mr. Blasie stated that staff recommended tabling Cases 00-2323 and 01-382 until November and Case 00-593 until December. Motion Mr. Walsh moved to table Cases No. 00-2323 and 01-382 until the November 21, 2001 meeting of the Code Compliance Board. He also moved to table Case No. 00-593 until the December 19, 2001 meeting of the Code Compliance Board. Mr. Miriana seconded the motion that passed unanimously. Mr. Blasie stated that staff recommended that the fines of $25.00 per day plus administrative costs instituted in the initial hearing on the following case numbers be certified by the Board: 00-611 01-534 01-851 01-608 01-1078 01-702 01-987 01-1229 Motion Mr. Walsh moved to certify the fines of $25.00 per day plus administrative costs on the above-listed cases. Vice Chair Hammer seconded the motion that carried unanimously. Mr. Blasie stated that staff recommended that the fine of $50.00 per day plus administrative costs instituted in the initial hearing for Case No. 01-1185 be certified by the Board. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 Motion Mr. Foot moved to certify the fine of $50.00 per day plus administrative costs in Case No. 01-1185. Mr. Walsh seconded the motion that carried unanimously. C. STAFF REQUEST FOR RECONSIDERATION OF COMPLIANCE DATE (EXTEND) Mr. Blasie requested that the Board consider extending the compliance date in Case No. 01-1391 to October 17, 2001. The August 13, 2001 compliance date was unrealistic and was the result of a miscommunication between the Building and Code Departments and the violator, There is no way compliance could have been achieved by August 13, 2001. Motion Mr. Foot moved to extend the compliance date in Case N.o. 01-1391 to October 17, 2001. Mr. Walsh seconded the motion that carried unanimously. Mr. Tolces asked that the Board go back to Case No. 01-1184 and have a motion to dismiss or table the case. Motion Mr. Walsh moved to dismiss Case No. 01-1184. Mr. Miriana seconded the motion that carried unanimously. E. FORECLOSURES Case No. 00-3414 Case No. 00-2128 Case No. 00-2129 Case No. 01-133 Case No, 00-3344 Case No. 00-3345 Case No. 99-2642 Case No. 00-2554 Case No. 00-2856 Lakendra Giddings Boynton West Condo Assn Inc Boynton West Condo Assn Inc Raymond Torres John Field Jr. John Field Jr. Yves Hubert John Burns Jeffrey & Beverly Annabel Motion Mr. Foot moved that the above cases listed on the agenda be forwarded to the City Attorney's office for foreclosure. Mr. Walsh seconded the motion that carried unanimously. Mr. Tolces pointed out that the owners did not appear for Case No. 98-3856 and disposition was required at this meeting. Motion Mr. Walsh moved to table Case No. 98-3856 until the October 17, 2001 Code Compliance Board meeting. Mr. Miriana seconded the motion that carried unanimously. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2001 VII. ADJOURNMENT There being no further business to come before the Board, the meeting was duly adjourned at 10:30 p.m. Respectfully submitted, Susan Collins Recording Secretary (3 tapes) (09/18/01 ) 27