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Minutes 08-15-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, AUGUST 15, 2001 AT 7:00 P.M. Present Christopher DeLiso, Chairman Patti Hammer, Vice Chair Robert Foot James Miriana Enrico Rossi Sara Williams Dee Zibelli (arrived at 7:15) Thomas Walsh, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney Inspectors: Courtney Cain Luney Guillaume Richard Laverdure Skip Lewis Mike Melillo Pete Roy Willie Webb I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:03 p.m. II. APPROVAL OF MINUTES Mr. Foot requested that the motion on Page 23 for Case No. 01-126 (Belmont at Boynton Beach, Inc.) be corrected to state that the fine was for a total of $500 inclUding administrative costs. Motion Vice Chair Hammer moved to approve the minutes, as amended. Motion seconded byMr. Miriana and unanimously carried. III. APPROVAL OF AGENDA Mr. Blasie requested that the following changes be made to the agenda: B. C. D. E. F. G. H. Page 2 (Case #01-1410), Fontana Plaza, Ltd., removed Page 3 (Case #01-1557), Lisa Summers, closed Page 7 (Case #01-016), Clarence & Marilyn Lane, complied Page 8 (Case #01-1334), Lake Worth Christian School, removed Page 9 (Case #01-1576, Edward & Jacqueline Berrio, complied Page 10 (Case #01-1347), Daniel Edery, complied Page 14 (Case #01-1549), Guy and Cheryl Evans, removedi Page 15 (Case #01-1560), Peter and Barbara Johnson, complied Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 J. K. L. M. N. Page 17 (Case #01-1119), Alexis Beaudelaire, complied Page 18 (Case #01-1123), Fontana Plaza, Ltd., removed Page 25, (Case #01-1510, Scott Derrin, complied Page 26, (Case #01-1561), Juan Urdialez & Maria Rivera, removed Page 27, (Case #01-991), Betty Bolden, complied Page 29, (Case #01-1163), Brian and Jacqueline Fitzpatrick, complied Motion Vice Chair Hammer moved to accept the agenda, as amended. Motion seconded by Mr. Miriana and unanimously carried. The roll was called. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso explained the plea process and requested that the Recording Secretary administer the oath to all persons who would be testifying. V. NEW BUSINESS CASES TO BE HEARD Case #01-1353: Property Address: Violation: Steve D. and Ruth A. Schultz 1164 SW 27th Avenue SBC '97 Edition 104.1.1; required for canopies. Permit The case was presented by Inspector Roy who stated the property was originally cited on June 8, 2001 through routine inspection. Service was made by certified mail and the City recommends 30 days. Mr. Steve Schultz, 1164 SW 27th Avenue pled not guilty. Inspector Roy presented a photograph into evidence and stated that the respondent was cited for a non-permitted canopy. The Building Division has determined that a canopy is a structure and requires a permit. Mr. Schultz responded that the canopy has been in place for seven years and has been inspected several times by the City. The City had informed him that as long as the canopy was a temporary portable structure, it was allowable under the code. The canopy is attached by temporary pins into poured concrete to meet the wind restrictions. The canopy can be disassembled in 15 minutes. Chairman DeLiso did not think that the canopy should be considered a structure and asked for an interpretation of a structure. Mr. Roy replied that the Building 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Official determined that the canopy was a structure and had to meet all setback and windload requirements. Attorney Tolces informed the Board that it was their duty to take the evidence presented and that the City has interpreted the canopy to be a structure. The Board must make a determination whether the respondent is or is not in compliance based upon the evidence presented. The Board has the right to disagree with the City's interpretation. Inspector Roy reminded the Board that it heard this same type of case a few months ago and determined that the canopy had to be taken down. That particular canopy: could not be permitted because it did not meet the criteria for a permit. Since that time, the Code Inspectors have gone through the entire City to make sure that all canopies were in compliance with the Board's prior determination. Mr. Blasie stated that the City's Building Official has determined what is considered a structure. The City, as well as Palm Beach County and other municipalities, consider canopies structures. Vice Chair Hammer thought that the canopy should be grandfathered and was informed you cannot grandfather a structure if it was never permitted. The respondent is entitled to go through the appeal process recited in the Building Code when in disagreement with an interpretation of the Building Official. This would be the best avenue for the respondent. However, he did not want to utilize this process. Ms. Williams suggested tabling the case until a clear definition of the code regarding canopies can be determined. Chairman DeLiso did not think that the Building Official should determine what a canopy is and that it should be written in the code. Attorney Tolces stated that the City's Building Official has the authority to interpret the Building Code. Mr. Blasie pointed out that the Code Board is not permitted to grant a variance and that the respondent should follow the proper appeal process. This Board should be consistent with its prior rulings regarding canopies. Mr. Miriana requested that the Building Official appear before this Board to explain his position at the next Board meeting. Mr. Rossi said that these structures need to be controlled by a permitting process. If left uncontrolled, the City would encounter all types of problems. Mr. Foot inquired how long it would take the respondent to obtain a permit. In order to obtain a permit, the respondent would have to meet the building setbacks and windload. Mr. Schultz stated he cannot meet the setback requirements. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Motion Based on the testimony and evidence presented in Case No. 01-1353, Mr. Foot moved to find, as a matter of fact and as a conclusion of law, that Steve D. and Ruth A. Schultz are in violation of Code Sections SBC '97 Edition 104.1.1 of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before September 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. Motion seconded by Ms. Zibelli, The Recording Secretary called the roll. The motion failed 3-4 (Chairman DeLiso, Vice Chair Hammer, Mr. Miriana and Ms. Williams dissenting). Mr. Blasie pointed out that by failing to approve the motion, the respondent was granted a variance. When the Board heard a previous case, the respondent was ordered to take the canopy down. Attorney Tolces suggested a continuance to permit the Building Official to testify. Motion Vice Chair Hammer moved to continue the case until the September Board meeting in order to allow the Building Official to appear and give an exact ruling on the case. Motion seconded by Ms. Williams and carried 7-0. The respondent was informed that the next meeting was September 19, 2001 and he would be notified. Case #01-1476 Property Address: Violation: Carl F. and Brenna Schenk, Jr. 2639 SW 6th Street SBC '97 Edition 104.1.1; required for shed in rear. Permit Inspector Roy presented the case and stated the property was cited through a complaint from a neighbor. Service was accomplished by posting Carl Schenk, 2639 SW 6th Street, pled not guilty. Inspector Roy presented a photo of the shed into evidence and stated that the shed is not permitted. The respondent purchased the property less than one year ago with the shed on the property. The respondent presented a copy of the property survey that confirmed this. He requested that staff research 'the building records to determine if the prior owner had obtained a permit for the shed. Inspector Roy did not think the shed would meet the setback requirements. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Attorney Tolces said that a survey is furnished when property is purchased and does not indicate whether structures on the property were permitted. Mr. Foot stated that the shed was a structure and that the respondent should have to obtain a permit. Motion Based on the testimony and evidence presented in Case No. 01-1476, Mr. Foot moved to find, as a matter of fact and as a conclusion of law, that Carl F. and Brenna Schenk, Jr. are in violation of Code Sections SBC '97 Edition 104.1.1 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. Motion seconded by Mr. Rossi. Inspector Roy stated he would check to determine if a permit was ever issued for the shed. The respondent stated he would comply if there was no prior permit. Motion carried 7-0. Case #01-1568 Property Address: Violation: David Stone & Claudia Kipling 3200 E. Atlantic Drive Chapter 15, Article IX-15-120 (D) .lA; Please mow and de-weed your yard and trim all overgrowth; also, register your vehicle or remove it from the property to comply with City Code. Inspector Laverdure presented the case and stated the property was originally cited on June 29, 2001 through routine inspection. Service was accomplished by certified mail. Two photographs were submitted. Claudia Kipling Stone, 6733 Paul Mar Drive, Lake Worth pled no contest and requested additional time to allow the tenants to move before commencing the work to bring the property into compliance. Inspector Laverdure reported that the car was moved today. The respondent requested 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1568, Ms. Williams moved to find, as a matter of fact and as a conclusion of law, that David and Claudia Kipling Stone are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Ms. Williams moved to order 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 that the Respondents correct the violations on or before September 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. Motion seconded: by Mr. Miriana and unanimously carried. CaSe #01-895 Property Address: Violation: Jonis Elusme and Marie Auguste 404 W. Ocean Avenue SBC '97 Edition 104.1.1; Sections 13- 16 and 14-3 B.B.C. of Ord.; Please obtain permits and final inspections for a multi-family dwelling unit that has been converted from single- family home. If permits and inspections cannot be obtained, house must remain as a single-family home; rental license required; rental inspection needed to verify; cease parking over I (one)-ton truck. Inspector Lewis presented the case and stated the property was cited on April 18, 2001. The City recommends 30 days Mr. Jonis Elusme, 404 W. Ocean Avenue pled no contest and agreed to 30 days. Motion Based on the testimony and evidence presented in Case No. 01-895, Ms. Williams moved to find, as a matter of fact and as a conclusion of law, that Jonis Elusme and Marie Auguste are in violation of Code Sections SBC '97 Edition 104.1.1, Sections 13-16 and 14-3 of the B.B.C. of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before September 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. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-1103 Property Address: Violation: Jos6 M. Sanchez 700 SW 3rd Avenue PT 3-LDR, Chapter 20-VIII, Section 2.F and PT3-LDR, Chapter 20-VIII.I.G, Inc.; Please cease multi-family 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 habitation in a single family home. Only one family and no more than 8 people can reside at this location; unfit/unsecured building. Inspector Lewis presented the case and stated the property was cited on May 17, 2001. The respondent was present, but did not speak English. His young son interpreted. The respondent informed Inspector Lewis that the other family had moved and entered a plea of no contest. Inspector Lewis requested 30 days, to which the respondent agreed. Motion. Based on the testimony and evidence presented in Case No. 01-1103, Vice Chair Hammer moved to find, as a matter of fact, and as a conclusion of law that Jos~ M. Sanchez and Estrella Carvajal are in violation of Code Sections PT3- LDR, Chapter 20- VIII, Section 2.F and PT3-LDR, Chapter 20-VIII.1.G, Inc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before September 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. Motion seconded by Mr. Rossi and unanimously carried. VI. OLD BUSINESS LIEN PENALTY CERTIFICATIONS Case #01-832 Peter and Barbara Johnson 2404 SW 4th Street Inspector Roy stated the property was originally cited on April 9, 2001. No one appeared at the June 20, 2001 hearing. A compliance date of July 2, 2001 was set or be fined $25.00 per day. The respondent has applied for a permit for the slab. The City recommends tabling the case. Motion Mr. Foot moved that Case No. 01-832 be tabled until the Code Compliance Board Meeting to be held on September 19, 2001. Motion seconded by Vice Chair Hammer and unanimously carried. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Case #01-1020 Anita Enterprises Property, Inc. 1920 S. Federal Hwy. Inspector Roy presented the case. The notice of violation was dated May 3, 2001. At the June 20, 2001 hearing a compliance date of July 4, 2001 was set or be fined $25.00 per day. A representative was present at that hearing. The property complied on July 12, 2001 after seven (7) days of non-compliance. The City recommends no fine. Terry Pereira, 7692 Colony Lake Drive, Boynton Beach stated the delay in compliance with due to problems with the contractor. Motion Based on the testimony and evidence presented in Case No. 01-1020, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Anita Enterprises Property, Inc. was in violation of Code Sections as stated, subsequent to the date of compliance specified in this Board's Order of June 20, 2001. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriana and carried 6-0 (Chairman DeLiso had left the dais). Case #01-683 Ace Housing, Inc. 1007 S. Mangonia Circle West Palm Beach, FL 33401 174 S. P= Jm Drive Attorney Tolces pointed out that Mr. Whelpley purchased the property the hearing was in June. The possibility of an impropriety may exist to the new owner being properly notified. Motion Based on the testimony and evidence presented in Case No. 01-68~. moved that this Board find, as a matter of fact, that the Respor Housing, Inc. (Gary Whelpley) was in violation of Code Sections 8 n May and vith regard , Mr. Foot dent, Ace as stated, Inspector Laverdure presented the case and stated no one appeared ~t the June 20, 2001 hearing. A compliance date of July 2, 2001 was set or be firmed $25.00 per day. The property complied on August 14, 2001. Mr. Gary Whelpl fthe new owner was present and was administered the oath by the Recording ' Secretary. Gary Whelpley, 174 S. Palm Drive, Boynton Beach said he purdhased the property on May 25, 2001 and was not notified that there were violati~)ns on the property. The tenants on the property informed him of the lien. He brought the property into compliance as soon as he discovered the lien. He just re~ceived the original notice of violation in today's mail from Ace Housing. Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 subsequent to the date of compliance specified in this Board's Order of June 20, 2001. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order and that this Board impose and certify no fine or administrative costs. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-171 Bernard Kufer 111 NE 1st Street, Floor 5 Miami, FL 33132 240 N. Congress Ave. Inspector Lewis presented the case. The violation date was January 26, 2001. The respondent appeared at the April 18, 200t hearing. A compliance date of July 16, 2001 was set or be fined $25.00 per day. The property complied on August 9, 2001 after 23 days of non-compliance. Joe Amore, the tenant, was administered the oath by the Recording Secretary. Inspector Lewis stated that the City has signed off on the property. Mr. Amore said that the new tenants were supposed to obtain the permits and when they did not, he obtained them and had the work performed. The City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 01-171, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, Bernard Kufer, was in violation of Code Sections as stated, subsequent to the date of compliance specified in this Board's Order of April 18, 2001. Ms. Williams moved that this Board find that the Respondent failed to comply with this Board's Order and that this Board impose and certify no fine or administrative costs. Motion seconded by Vice Chair Hammer and unanimously carried. LIEN REDUCTIONS Case #96-4506 Katrina Porter/Howard Harding 1240 W. 34th Street Riviera Beach, FL 33404 1640 NE 4th Court Mr. Blasie presented before and after photos of the property. The case was originally cited on October 9, 1996 for a driveway apron that was in disrepair. Service was made by certified mail and no one appeared at the March 19, 1997 hearing. A compliance date of April 15, 1997 was set or be fined $25.00 per day. The property complied on June 18, 1999 after 792 days of non-compliance. The fine comes to $19,800, plus $826.18 in administrative costs. The property now meets code. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Howard Harding, 1640 NE 4th Court, stated he only learned about the liens after the property was deeded to him and he tried to refinance. He said he brought the property into compliance as soon as he learned of the liens. Mr. Harding took the bank payments over from the former owner, who had encountered financial problems. Chairman DeLiso inquired whether Mr. Harvey was in the rental business and he stated he was just starting. He did not have a title search done at the time he took over the mortgage payments. He tried to put the property in his name, but found out that the mortgage was not assumable. However, due to his good payment record, the bank decided to turn the property over to him. The property and mortgage are now in his name. He was not able to refinance the property because of the lien. Mr. Harding said he could not pay the full amount of the lien and asked if the lien could be dismissed. Mr. Foot asked what the City's position was with regard to the fine and Mr. Blasie stated the City would like to recoup some of its expenses. He also noted that the respondent has kept the property in good condition since he has taken ownership, which should be taken into consideration. Motion Based on the testimony and evidence presented in Case No. 96-4506, 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. 96-4506, by virtue of this Board's Order of March 19, 1997, be reduced to $1,826.18. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion carried 7-0. RECESS WAS DECLARED AT 8:20 P.M. THE MEETING RECONVENED AT 8:35 P.M. CASES TO BE HEARD Case #01-109'1 Property Address: Violation: Evanette Guillaume 305 SW 5th Avenue Chapter 15, Article IX-15-120(D) 1, Inc.; SBC '97 Edition 104.1.1 and 10- 52 B.B.C. of Ord.; Please remove all unregistered inoperative vehicles from the property. Please install proper pool barrier. Permit will be required for barrier. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Inspector Lewis presented the case. The property was cited on May !6, 2001 through routine inspection. The City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 01-1091, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Evanette Guillaume is in violation of the Code Sections as stated above. Mr. Foot moved to order that the Respondent correct the violations on or before August 31, 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. Motion seconded by Mr. Rossi and unanimously carried. Case #01-1199 Property Address: Violation: Lonnie & Willie M. Jenkins 2040 NW 2nd Court Chapter 15, Article IX-15-120 {D) .lA; Please remove, repair and/or ,"egister your white Chrysler Inspector Melillo presented the case. The property was cited on May 29, 2001 through routine inspection. Service was made by hand carry and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 01-1199, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Lonnie and Willie M. Jenkins are in violation of the Code Sections as stated above. Mr. Foot moved to order that the Respondents correct the violations on or before August 31, 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. Motion seconded by Mr. Rossi and unanimously carried. Case #01-1272 Property Address: Violation: Francisco Alvares 111 NE 16th Avenue Chapter 15, Article IX-15-120 (D) .lA; Please remove, repair and/or register all your motor vehicles. Also, remove all trash and debris. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Inspector Melillo presented the case. The case was originally cited on June 4, 2001 through a complaint from the Police Department. Service was accomplished by hand carry and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 01-1272, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Francisco Alvares is in violation of the Code Sections as stated above. Mr. Foot moved to order that the Respondent correct the violations on or before August 31, 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. Motion seconded by Ms. Williams and unanimously carried. Case #00-2329 Property Address: Violation: John W. Smith Estate 2040 NW 2nd COUrt Chapter 15, Article IX-15-120 (D) 1.D and 13-16 B.B.C. of Ord.; Please install sod in the dead areas of yard and swale to achieve a uniform green appearance; Occupational License is required to rent house. Inspector Guillaume presented the case. The case was cited on September 14, 2000 through routine inspection. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2329, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that John W. Smith Estate is in violation of the Code Sections as stated above. Mr. Miriana moved to order that the Respondent correct the violations on or before September 17, 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. Motion seconded by Ms. Williams and unanimously carried. Case #01-1351 Property Address: Brett Matchton 2788 SW 10th Street 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Violation: SBC '97 Edition 104.1.1; Permit required for canopy. Inspector Roy presented the case. The property was originally cited on June 7, 2001 through routine inspection. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1351, Ms. Williams moved that this Board find, as a matter of fact and as a conclusion of law, that Brett Matchton is in violation of the Code Sections as stated above. Ms. Williams moved to order that the Respondent correct the violations on or before September 17, 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. Motion seconded by Mr. Rossi. Mr. Foot inquired if this was another canopy case. Inspector Roy responded that the violation was for awnings, which are permanently attached to the house and require a permit. Photos were presented. Motion carried 7-0. Case #01-995 Property Address: Violation: Norman C. and Lashawn Q. Dawson 276 Mentone Road SBC '97 Edition 104.1.1; Canopy located on your property has been determined by the Building Department to be a structure. Must be permitted and must meet setbacks, windloads and product approval. Inspector Laverdure presented the case. The property was cited on May2, 2001 through routine inspection. Service was accomplished by certified mail and photos were presented. Motion Vice Chair Hammer moved that Case No. 01-995 be tabled until the Code' Compliance Meeting to be held on September 19, 2001. Motion seconded by Mr. Miriana. Motion carried 5-2 (Messrs. Rossi and Foot dissenting). Case #01-1496 Property Address: Marco and Patricia Acudelo 190 S. Palm Drive 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Violation: Chapter 15, Article IX-15-120 (D) .lA and 10-2 B.B.C. of Ord.; Please mow and de-weed your yard and remove furniture from your carport area. Inspector Laverdure presented the case. The property was originally cited on June 22, 2001 through routine inspection. Service was accomplished by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 01-1496, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that Marco and Patricia Acudelo are in violation of the Code Sections as stated above. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 25, 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. Motion seconded by Mr. Mariana and unanimously carried. Case #01-617 Property Address: Violation: Fred and Orsena B. Bartoloni 105 SW 5th Avenue' Chapter 15, Article IX-15-120 (D) 1, Inc. and 14-3 B.B.C. of Ord.; Cease parking over one-ton truck at this location or in any residential area in the City; mow and trim all overgrowth; remove all trash and debris; repair and re-surface driveway and parking area. Inspector Lewis presented the case. The property was originally cited on March 19, 2001. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-617, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Fred and Orsena B. Bartoloni are in violation of the Code Sections as stated above. Mr. Foot moved to order that the Respondents correct the violations on or before September 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 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 verify compliance with this Order. unanimously carried. Motion seconded by Mr. Mariana and Case #01-873 Property Address: Violation: Gemeris & Dieuna C. Petion 415 SW 8th Avenue SBC '97 Edition, 104.1.1 and 105.6; Please secure above ground pool permit and required inspection. Inspector Lewis presented the case. The property was originally cited on April 12, 2001. The City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 01-873, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Gemeris and Dieuna C. Petion are in violation of the Code Sections as stated above. 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. Motion seconded by Ms. Williams and unanimously carried. Case #01-997 Property Address: Violation: Edward I. Miller, Sr. 710 NE 1st Street SBC '97 Edition, 104.1.1; The canopy located on your property has been determined by the Building Department to be a structure; must be permitted and must meet setbacks, windloads, product approval. Inspector Webb presented the case. The property was originally cited on May 2, 2001 through routine neighborhood inspection. Service was obtained by certified mail. The City recommends 10 days. Motion Vice Chair Hammer moved that Case No. 01-997 be tabled until the Code Compliance Board Meeting to be held on September 19, 2001. Motion seconded by Mr. Mariana. Motion carried 4-3 (Messrs. Foot and Rossi and Ms. Zibelli dissenting). 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Case #01-1203 Property Address: Violation: Edward & Catherine Vivarttas 1010 NW 7th COUrt Chapter 15, Article IX-15-120 (D) .lA and .lB; Please repair tire on boat trailer; install shellrock to driveway apron; mow grass. Inspector Webb presented the case. The property was originally cited onMay 29, 2001 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1203, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that Edward and Catherine Vivarttas are in violation of the Code Sections as stated above. Vice Chair Hammer moved to order that the Respondents correct the violations on or before September 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. Motion seconded by Mr. Mariana and unanimously carried. Case #01-1231 Property Address: Violation: John and Jalene Edmond 306 NW 7th Court Chapter 15, Article IX-15-120 (D) .tB and 120 (D) I.E; Property must be kept mowed; Also, area north of driveway must be sodded or extend driveway with concrete or asphalt with a permit. Inspector Webb presented the case. The property was originally cited on May 31, 2001 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1231, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that John and Jalene Edmond are in violation of the Code Sections as stated above. Vice Chair Hammer moved to order that the Respondents correct the violations on or before September 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 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded: by Mr. Mariana and unanimously carried. LIEN PENALTY CERTIFICATIONS Case #00-2169 Juan Portalatin 10 NE 22nd Avenue The property is not in compliance and the City is requesting that the fine be certified. Motion Based on the testimony and evidence presented in Case No. 00-2169, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Juan Portalatin has violated this Board's prior Order of January 17, 2001 and that 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Hammer and unanimously carried. Case #00-1109 Phoenix Real Estate Inv. Grp. 907 N. Federal Hwy. Mr. Blasie stated there are two Board Orders in this case and that the property is not in compliance. The respondent was served by hand delivery and is not present. The City is requesting that the fine be certified. Motion. Based on the testimony and evidence presented in Case No. 00-1109, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Mariana moved that this Board find that Phoenix Real Estate Inv. Grp. has violated this Board's prior Order of August 16, 2000 and that this Board impose and certify a fine in the amount of $100.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams and unanimously carried. Case #00-1109 Phoenix Real Estate Inv. Grp. 907 N. Federal Hwy. This is the second case and the City requests that the fine be certified. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Motion Based on the testimony and evidence presented in Case No. 00-1109, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Mariana moved that this Board find that Phoenix Real Estate Inv. Grp. has violated this Board's prior Order of August 16, 2000 and that this Board impose and certify a fine in the amount of $100.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams and unanimously carried. Case #00-1164 Phoenix Real Estate Inv. Grp. 817 N. Federal Hwy. This case is listed on 34A for one Board order. compliance. The property is not yet in Motion Based on the testimony and evidence presented in Case No. 00-1164, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Mariana moved that this Board find that Phoenix Real Estate Inv. Grp. has violated this Board's prior Order of August 16, 2000 and that this Board impose and certify a fine in the amount of $100.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams and unanimously carried. Case #01-522 Marlene Israel 2620 NE 3rd Court The property was cited on March 7, 2001. No one appeared at the June 20, 2001 hearing. The property complied on August 9, 2001 after 24 days of non- compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 01-522, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, Madene Israel, was in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2.A and Section 10-52, B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board's Order of June 20, 2001. Ms. Williams moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Foot and unanimously carried. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Case #01-680 Yves Desir & Marie Jeremie 2770 NE 5th Court The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 01-680, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Yves Desir and Marie Jeremie were in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1.A of the City Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of May 6, 2001. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #01-118 Linda Veltre 2618 SW 5th Street The City recommends no fine. The property complied on July 31, 2001 after 41 days of non-compliance. The delay was due to the timing of the inspections by the Building Division. Motion Based on the testimony and evidence presented in Case No. 01-118, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, Linda Veltre was in violation of Code Sections SBC '97 Edition 104.1.1 and SBC '97 105.6 of the City Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of March 21, 2001. Ms. Williams moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Zibelli and unanimously carried. Case #00-2325 BobKatz Properties, Inc. 5691 David Lane Boynton Beach, FL 33435 120 SE 3rd Street Staff recommends tabling the case. Motion Mr. Miriana moved that Case No. 00-2325 be tabled until the Code Compliance Board Meeting to be held on September 19, 2001. IVIotion seconded by Vice Chair Hammer and unanimously carried. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 Case #01-382 Kathleen Romeo 303 SW 7th Street Staff recommends tabling the case. Motion Mr. Miriana moved that Case No. 01-382 be tabled until the Code Compliance Board Meeting to be held on September 19, 2001, IVIotion seconded by Ms. Williams and unanimously carried. Case #01-778 Carrie Long & 1311 S. Seacrest Blvd. Gary Garramore 14 Via De Casas #203 Boynton Beach, FL 33426 Staff recommends no fine. Motion. Based on the testimony and evidence presented in Case No. 01-778, Ms. Williams moved that this Board find, as a matter of fact, that the Respondents, Carrie Long and Gary Garramore, were in violation of Code Sections Section 13.16 B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board's Order of May 16, 2001. Ms. Williams moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-590 Boynton Industrial Realty Corp. 1980 High Ridge Rd. Staff recommends no fine. Motion Based on the testimony and evidence presented in Case No. 01-590, Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondent, Boynton Industrial Realty Corp., was in violation of Code Sections SBC '97 Edition 104.1.1, SBC '97 Edition 104.6.1 and SBC '97 Edition 104.7.2 of the City Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of June 20, 2001. Vice Chair Hammer moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Williams and unanimously carried. 2O Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2001 STAFF REQUEST (Reconsideration of Fine) Case #00-1209 Pat A. Marshall 305 SW 5th Lane Mr. Blasie stated that the respondent appeared before the Board sometime ago for remodeling an enclosed carport without a permit, A lien was filed. When the respondent came into the City to obtain a permit and the application was reviewed, it was determined that the respondent did not have the required two off-street parking spaces. The respondent appeared before the City Commission at the June 19, 2001 meeting to present his problem. The carport was already in existence before he performed the Work. The City Cornmission directed staff to look at the off-street parking requirements and to try to come up with a solution. Mr. Blasie requested that the Board move to stop the fine from running beginning June 19, 2001 when the respondent presented his case to the Commission. Planning and Zoning is now addressing the problem, inspector Lewis explained that all the permits for the carport are now in place~ The off-street parking needs to be resolved. Motion Vice Chair Hammer moved that this Board stop the fine in Case No. 00-1209 from running as of June 19, 2001. Motion seconded by Ms. Williams. Mr. Foot asked for the Attorney's opinion. Attorney Tolces replied that the Board has the authority to freeze the fine since the City Commission directed staff to look into the case. The Board does have the authority to reinstitute the fine if it so chooses at a future date. Mr. Foot felt that the fine Should continue to accrue until resolution of the case. The respondent would still be required to come before the Board for a lien reduction. Motion carried 7-0. FORECLOSURES Case No. 00-1144 Case No. 00-2359 Frederick & Arlene Spohrer Robert & Veronica Warke Motion Mr. Foot moved that the above cases be forwarded to the City Attorney's Office for foreclosure proceedings. Motion seconded by Vice Chair Hammer and unanimously carried. It was brought to Mr. Blasie's attention that two cases ha,d not been addressed. 21 Meeting Minutes ' Code Compliance Board Boynton Beach, Florida August 15, 2001 LIEN PENALTY CERTIFICATIONS Case #00-1164 (page 34) Phoenix Real Estate Inv. Grp. 817 N. Federal Hwy Staff recommends certifying the fine. Motion Based on the testimony and evidence presented in Case No. 00-1164, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Mariana moved that this Board find that Phoenix Real Estate Inv. Grp. has violated this Board's prior Order of August 16, 2000 and that this Board impose and certify a fine in the amount of $100.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Hammer and unanimously carried. Case #00-2880 Michael & Jonathan Bornstein 724 N. Federal Hwy. Staff recommends tabling the case until the October Board meeting. Motion Ms. Williams moved that Case No. 00-2880 be tabled until the Code Compliance Board Meeting to be held on October 17, 2001. Motion seconded by Mr. Miriana and unanimously carried. VI. ADJOURNMENT There being no further business, the meeting adjourned at 9:05 p.m. Respect~lly submitted, Barbara M. Madden Recording Secretary (two tapes) (August 16, 2001) 22