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Minutes 07-18-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JULY 18, 2001 AT 7:00 P.M. Present Chris DeLiso, Chairman Bob Foot James Miriana Enrico Rossi Sarah Williams Thomas Walsh, Alternate David Tolces, City Attorney Inspectors: Courtney Cain Luney Guillaume Richard Laverdure Vestigueme Pierre Pete Roy Willie Webb Absent Patti Hammer Dee Zibelli CALL TO ORDER Chairman DeLiso called the meeting to order at 7:08 p.m. II. APPROVAL OF MINUTES OF JUNE 20, 2001 Motion Mr. Miriana moved to accept the minutes of the June 20, 2001 meeting as submitted. Mr. Walsh seconded the motion that carried unanimously. III. APPROVAL OF THE AGENDA Mr. Roy requested the follOwing changes to the agenda: A. Page 2 (Case 01-1091) Evanette Guillaume Complied B. Page 4 (Case 01-1063) Florence Keen Complied C. Page 10 (Case 01-912) Jeff & Sheryl Staley Complied D. Page 11 (Case 01-1271 ) Marc St. Juste & Complied Supreme Palmedy E. Page 16 (Case 01-1097) Essie Chisem Complied F. Page 22 (Case 01-909) Ernest Roberts Removed G. Page 24 (Case 01-1187) Fritz Pericles Complied H. Page 25 (Case 01-1204) Neville Allison & Complied Lisa Taylor I. Page 27 (Case 01-1366) Guilbert Abelard Complied J. Page 35 (Case 01-1254) Jim Soodeen Complied K. Page 36 (Case 01-1035) Mark & Terri Complied Thomasen Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 L. Pages 49, 50 (Cases 00-1109 & Phoenix Real Est. Table 00-1164) Inv, Group, Inc. M. Page 52 (Case 01-528) Maria Weeks Removed N. Page 58 (Case 00-2456) Chase Mortgage Removed O. Page 61 (Case 01-396) Home Depot USA Table Motion Mr. Foot moved to accept the agenda as amended, including the tabling of the three cases until the August 15, 2001 meeting of the Code Compliance Board. Mr. Walsh seconded the motion that carried unanimously. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Mr. Roy called the roll and asked that the Respondents signify their presence. The Recording Secretary administered the Oath to all persons who would be testifying at the meeting. V. CASES TO BE HEARD Lien Penalty Certifications (Tabled) Case #00-2056 City National Bank of FI. Tr. 2309 N. Congress Av., #37 Inspector Cain reported that the property had originally been cited on August 15, 2000 for violation of the Land Development Regulations. A Code Compliance Board hearing was held on February 21, 2001 and the Respondent did not appear. A compliance date and proposed fine were set by the board of March 19, 2001 or $75.00 per day. The property came into compliance on July 11,2001 for 113 days of non-compliance. Timothy Scholls appeared on behalf of City National Bank of FI. Tr. and questioned whether the violation existed since the improper light pole had been removed. The Board gave the Respondent 30 days to put up the light pole specified in the Site Plan, but the light pole and fixture were on back order from the manufacturer and wou~d not be available for about six weeks. He did not appear on May 16 with the approval of Mr. Scott Blasie and the matter was deferred until this meeting. Motion Based on the testimony and evidence presented in Case No. 00-2056, Mr. Foot moved that this Board find, as a matter of fact, that the City National Bank of FI. Tr. was in violation of Code Section(s) No. PT3-LDR, Chapter 4, Section 11 subsequent to the date of compliance specified in this Board!s Order of February 21, 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. Mr. Walsh seconded the motion that passed 5-1, Mr. Rossi dissenting. CASES TO BE HEARD Case #01-926 Property Address: Paul J. Remy & Albert Martha 171 Ocean Parkway 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Violation(s) SBC 1994 Edition 104.6.1 & 105.6 Red Tag from Building Department Inspector Laverdure reported that the property had been cited originally on April 24, 2001 for Code sections as cited above. Service was accomplished by certified mail. Paul Remy, 171 Ocean Parkway, pled no contest and requested 90 days. Motion Based on the testimony and evidence presented in Case No. 01-926, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Paul J. Remy & Albert Martha are in violation of Code Section SBC 1994 Edition 104.6.1 and 105.6 of the City Code of Ordinances. Ms. Williams 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. Walsh seconded the motion that carried unanimously. Case #01-1010 Property Address: Violation(s): Anicea & Jasper Harrison 3155 Orange Street Chapter 10-Article II-Section 10-30; Chapter 15-Article IX-15-120(D).1A; Chapter 15-Article IX-15-120(E)l; SBC 1997 Edition 104.1.1, Sections 10-2 and 15-16 BBC of Ordinances Inspector Laverdure reported that the property had originally been cited on May 2, 2001 for the Code sections cited above. The violations were discovered through routine inspection and service was by hand carry. A Red Tag from the Building Department stated that the Respondents had repaired a door, put in new windows, and made other improvements to the property, all without a permit. A permit had been applied for and product approval was the only requirement that remained. Anicea Harrison, 3155 Orange Street, pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1010, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Anicea & Jasper Harrison are in violation of Code Sections Chapter 10-Article II-Section 10-30; Chapter 15-Article IX-15-120(D).1A; Chapter 15-Article IX-15-120(E)l; SBC 1997 Edition 104.1.1, and Sections 10-2 and 15-16 of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before August 13, 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 unanimously. Meeting Minutes Code COmpliance Board Boynton Beach, Florida July 18, 2001 Case #01-1051 Property Address: Violation(s): Danny & Paula Henderson 1009 Fosters Mill Road SBC 1997 Edition 104.1.1 and 105.6; Red Tag from Building Department for a fence installed without a permit. Inspector Cain reported that the property had originally been cited on May 7, 2001 for the Violations listed on the Red Tag. Service was accomplished bY certified mail. Paula Henderson, 1009 Fosters Mill Road, pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1051, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Danny & Paula Henderson are in violation of Code Sections SBC 1997 Edition 104.1.1 and 105.6 of the City Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violations on or before August 13, 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 unanimously. Case #00-3342 Property Address: Violation(s): Edward Wynter 131 N.W. 3rd Avenue Chapter 15, Article IX-15-120(D).lnc. Unregistered vehicle, debris Inspector Pierre reported that the property had originally been cited on November 30, 2000 for the violations as stated. The violations were discovered through a routine 'inspection and service was accomplished by certified mail. The only remaining violation was the second half of the driveway. The Community Redevelopment Department had completed half of it but asked that Mr. Wynter complete it. Mr. Wynter will require a drawing and a permit for this job. Edward Wynter, 131 N.W. 3rd Avenue, asked that he be given until September to finish the driveway, due to his heavy work schedule and lack of money. Mr. Wynter asked if the City could supply a place for him to store his lawn mower and hurricane shutters and Chair DeLiso advised that this was not a City responsibility. Motion Based on the testimony and evidence presented in Case No. 00-3342, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Edward Wynter is in violation of Code Section Chapter 15, Article 1×-15-120(D)lnc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation 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. Mr. Miriana seconded the motion that carried unanimously. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Case #00-1090 Property Address: Violation(s): L. & Irene McAdoo 434 NW. 4th Avenue Chapter 15, Article IX-15-120(D), Inc.; repair or replace driveway according to Code Inspector Pierre reported that the property had originally been cited on May 16, 2001 for the stated violation. Service was accomplished by certified mail. Jerry McAdoo spoke on behalf of his mother, Irene McAdoo, who was very ill. Mr. McAdoo was willing to comply but had very limited funds, especially in light of his responsibility of providing daily care for his mother. He asked for six months. Motion Based on the testimony and evidence presented in Case No. 00-1090, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that L. & Irene McAdoo are in violation of Code Section Chapter 15, Article IX-15-120(D)lnc., of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violation on or before January 13, 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 that carried unanimously. Mr. McAdoo appreciated the Board's indulgence. Case #01-1117 Property Address: Violation(s): Palm Beach County Housing Authority 631 N,W. 5th Street Chapter 15, Article IX-15-120(D).lnc.; Remove trash and trim trees Inspector Pierre reported that the property had originally been cited on May 18, 2001 for the violations listed. The violations were discovered through a routine inspection of the neighborhood and service was accomplished by certified mail. Richard VanVossen, Director of Maintenance for Palm Beach County Housing Authority, 3432 W. 45th Avenue, West Palm Beach, appeared on behalf of the Palm Beach County Housing Authority. The owner of the firm providing maintenance on this property passed away and the County issued a new request for quotations and expected responses in a week. He requested 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1117, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Palm Beach Housing Authority 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 Respondent correct the violation on or before August 13, 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 5 Meeting Minutes . Code Compliance Board Boynton Beach, Florida July 18, 2001 Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. CHAIRMAN DELISO DECLARED A FIVE MINUTE RECESS AT 7:50 P.M. THE MEETING WAS RECONVENED AT 7:55 P.M. Case #01-1283 Property Address: Violation(s): Darline Demosthenes 137 S.E. 27th Way SBC 1997 Edition 104.1.1 and 105.6; Secure permit and inspection for garage enclosure Inspector Roy reported that this citation had been issued on June 4, 2001 for the violation stated above. This was a Red Tag from the Building Department. Service was accomplished by certified mail. The permit was ready but had not been picked up. Darline Demosthenes, 137 S.E. 27th Way, stated that when she had called the City about the permit and was told that she would have to pay close to $800.00, she did not understand this and was unable to pay it in any case since she did not have money or a job. As she lived in an unsafe neighborhood, Ms. Demosthenes had enclosed the garage to give her children a safe place to play. Chair DeLiso believed this was an unrealistic amount of money and Inspector Roy stated that there was a formula of .01% times the cost of the job. Unpermitted alterations to a home were subject to penalties and it was believed that it could be up to four times the cost of the improvement. Motion Based on the testimony and evidence presented in Case No. 01-1283, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Darline Demosthenes is in violation of Code Section SBC 1997 Edition 104.1.1 and 105.6 of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before August 13, 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 proper~y to verify compliance with this Order. Ms. Williams seconded the motion that carried unanimously. Mr. Tolces advised the Board that the amount of the permit was not in this Board's purview and suggested that Ms. Demosthenes take the matter up with the Building Department. Case #01-1410 Property Address: Violation(s): Fontana Plaza, Ltd. 3629 S. Federal Highway SBC 1997 Edition 105.6; Red Tag from Building Department for required inspections 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Inspector Roy reported that this property had been a Red Tag from the Building Department and that service had been accomplished by Certified Mail. The City recommended tabling the issue until the next meeting because of a permit controversy. Motion Mr. Foot moved to table Case No. 01-1410 until the August 15, 2001 Code Compliance' Board meeting. Ms. Williams seconded the motion that carried unanimously. LIEN PENALTY CERTIFICATIONS (Tabled) Case #99-1164 Kim & Cyd Fender 12 Dogwood Circle Lake Worth, FI 33462 2900 High Ridge Road Inspector Cain reported that the property had been cited on May 25, 1999 for violations of the Community Appearance Code. A Code Compliance Board Hearing was held on March 15, 2000 and the Respondents did not appear. A compliance date and proposed fine were established by the Board of April 17, 1999 or $25.00 per day. The property came into compliance on July 11, 2001 for 449 days of non-compliance. Mark Fender, 12 Dogwood Circle, Lake Worth, FI 33462, stated that the heavy construction activity involved with the total redevelopment of his property had prevented him from doing the required sprinkler and irrigation system. Inspector Cain related that Mr. Fender had kept in touch with the City on a day by day basis and had been cooperative throughout. The City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 99-1164, Mr. Foot moved that this Board find, as a matter of fact, that Kim & Cyd Fender were in violation of the Code Sections as stated subsequent to the date of compliance specified in this Board's Order of March 15, 2000. 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. Mr. Walsh seconded the motion that carried 5-1, Mr. Rossi dissenting. Case #99-2858 1420 Holdings, LLC 1420 S.W. 30th Avenue Inspector Roy reported that this property had been cited for various violations of the Land Development Regulations on November 24, 1999. A Code Compliance Board hearing was held on January 19, 2000 and Respondents did not appear. A date for compliance and a proposed fine were set of September 1, 2000 or $50.00 per day. The property came into compliance on June 29, 2001 for 300 days of non-compliance. Inspector Roy stated that the property had been improved 100%. Inspector Roy recommended administrative fees only. Raymond Grieves, 1420 Holdings, LLC, 1420 S.W. 30th Avenue, appeared and said that he had taken over the management of the property in November of 1999. He had Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 attempted to fix the existing violations and had many problems with contractors who failed to perform. Also the work had to be done on weekends since the property was occupied by businesses during the week. They had been trying to bring the property into compliance since they were first cited. Motion Based on the testimony and evidence presented in Case No. 99-2858, Mr. Foot moved that this Board find, as a matter of fact, that the 1420 Holdings, LLC, was in violation of Code Sections as specified subsequent to the date of compliance specified in this Board's Order of January 19, 2000. 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 a fine in the amount of $922.21 including administrative costs. Mr. Rossi seconded the motion. The Recording Secretary called the roll. The motion failed 4-2, Messrs. DeLiso~ Midana, Walsh & Ms. Williams against, Messrs. Foot and Rossi in favor. Motion Based on the testimony and evidence presented in Case No. 99-2858, Ms. Williams moved that this Board find, as a matter of fact, that the 1420 Holdings, LLC, was in violation of Code Sections as specified subsequent to the date of compliance specified in this Board's Order of January 19, 2000. 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 a fine in the amount of $500.00 including administrative costs. Mr. Foot seconded the motion that passed unanimously. Case #01-67I Gertrude Baptiste-Belizaire 618 N.E. 2"d Street Inspector Laverdure reported that this property had originally been cited on March 26, 2001 for violations of the Community Appearance Code and a requirement for an occupational license. A Code Compliance Board hearing was held on May 16, 2001 and the Respondent did not appear. A compliance date and proposed fine were set by the Board of June 18, 2001 or $25.00 per day. The property came into compliance July 9, 2001 for 20 days of non-compliance. Inspector Laverdure stated that there had been some confusion about which side of the duplex was involved and once Ms. Baptiste- Belizaire realized what was required, she did it promptly. The City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 01-671, Mr. Miriana moved that this Board find, as a matter of fact, that Gertrude Baptiste-Belizaire was in violation of Code Sections as specified subsequent to the date of compliance specified in this Board's Order of May 16, 2001. Mr. Miriana 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. Ms. Williams seconded the motion that carried unanimously. Case #00-2880 Michael & Jonathan Bornstein 4391 Sunset Cay Circle 724 N. Federal Highway 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Boynton Beach, FI 33436 Inspector Webb reported that this case had been cited on October 27, 2000 for violations of the Land Development Regulations. A Code Compliance Board hearing was held on May 16, 2001 and the Respondents did not appear. A compliance date and proposed fine were set by the Board of June 18, 2001 or $25.00 per day. The property had not yet complied for 30 days of non-compliance. Michael Bornstein stated that he had contacted Inspector Webb about his inability to attend the May 16, 2001 meeting and was advised that he should appear today. Chairman DeLiso asked for the details on the violations and after discussion, it appeared that there was some confusion as to the status of each individual violation. Chairman DeLiso recommended that the case be tabled until the next meeting of the Board to allow Mr. Bornstein time to review the case with the City and determine the status of each of the items. Mr. Bornstein advised he would be going out of town on the morning of the Board meeting and Chairman DeLiso asked that he contact the City before that time to firm up the requirements and status of each violation. Motion Mr. Foot moved that Case No. 00-2880 be tabled until the August 15, 2001 Code Compliance Board meeting. Ms. Williams seconded the motion that carried unanimously. Case #00-611 Triumph Church Kingdom Of God in Christ, Inc. 1410 N.W. 46th Street Miami, FI 33142 111 N.W. 10th Avenue The Recording Secretary administered the Oath to Reverend E. J. Maddox. Inspector Webb reported that this property had received a notice of violation on March 23, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on December 20, 2000 and the Respondent did appear. A compliance date and proposed fine were set by the Board of June 18, 2001 or $25.00 per day. The property had not complied as of this meeting. Reverend E. J. Maddox appeared and stated that the delay had stemmed from difficulty in coming to agreement with the City over the architect's plans and failure of the contractor to begin the work as promised. Chairman DeLiso asked the Respondent if 30 days would be enough time and the Respondent replied that he did not know. The contractor had not pulled the permit yet. Chairman DeLiso asked the Respondent if the church had enough money to complete the required improvements and the Respondent replied that they had more than half of it. Motion Mr. Foot moved to table Case 00-611 until the September 19, 2001 Code Compliance Board meeting. Ms. Williams seconded the motion that carried unanimously. Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 LIEN REDUCTIONS Case No. 98-3960 Patricia Dupras 1205 N.W. 13th Avenue Inspector Pete Roy presented the case for Mr. Willie Webb, stating that the property was originally cited on November 20, 1998 for violations of the Standard Building Code. A Code Compliance Board hearing was held on December 16, 1998 and Ms. Dupras did not appear. The Board set a date for compliance of December 26, 1998 or be fined $50 per day. The property came into compliance on February 16, 1999 with a fence permit being the only remaining issue. When Ms. Dupras met with Inspector Roy on February 15, 1999, she was in possession of two fence permits - one that was dated the same day as the Code Board hearing. When she was advised that the permit was submitted incorrectly, she immediately got another permit and the work was completed by February 16, 1999. The City recommended no fine. Patricia Dupras, 1205 N.W. '13th Avenue, Boynton Beach, stated that there had been three months from the date she got the first notice until the date of total compliance. During that time she had been actively trying to comply. Motion Based on the testimony and evidence presented in Case No. 98-3960, 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. 98-3960, by virtue of this Board's Order of December 16, 1998, be reduced to no fine or administrative costs. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Ms. Williams seconded the motion that carried unanimously. Case No. 99-2099 Russell Case & Nick Arsali 3 Harbour Drive No. Ocean Ridge, FI 33435 417 S.E. 20th Avenue Inspector Roy stated that the property had originally been cited on August 24, 1999 for violation of the Community Appearance Code. A Code Compliance Board hearing was held on November 17, 1999 and the Respondents appeared. A compliance date and proposed fine were set by the Board of January 17, 2000 or be fined $25.00 per day. The property came into compliance on July 13, 2001. The fine was currently $13,575 plus affidavit filing costs and inspections. Inspector Roy asked to hear from Mr. Arsali before giving the City's recommendation. Nick Arsali, 3 Harbour Drive, North Ocean Ridge, FI stated that the City had filed the lien on March 13 and on March 20, the foreclosure attorney sent out a notice of Lis Pendens warning persons having an interest in the property that the title of the property was in litigation. When the property went through foreclosure, the City of Boynton Beach was not named Defendant so the Respondents were unaware of the lien or any violation. When the Respondents got the title to the property, the Respondents contacted an attorney who advised them that the lien was still standing and that they would have to apply for a lien reduction. They had to have the property inspected for the 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 lien reduction and the Respondents met with Mr. Blasie who pointed out some items that they took care of immediately. The Respondents believed that the fine would stop running since they had completed all the work that had been requested at the time of the inspection. Inspector Roy commented that since the Respondents had the property, it had undergone a positive transformation. Mr. Miriana asked why the title search did not reveal the lien and Mr. Arsali responded that title searches were normally done two weeks before the Lis Pendens. The City actually filed the lien on March 13 and on March 20, the Lis Pendens went out from the foreclosing attorney's office. Motion Based on the testimony and evidence presented in Case No. 99-2099, 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. 99-2099, by virtue of this Board,s Order of November 17, 1999, be reduced to $634.12 in 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. Chairman DeLiso requested that the Recording Secretary call the roll. The motion passed 4-2, Chairman DeLiso and Mr. Rossi dissenting. CASES TO BE HEARD Case #00-2510 Property Address: Violation(s): Tilda Jenkins 11 N.W. 28th Avenue Chapter 15, Article IX-15-120(D)l inclusive Inspector Guillaume reported that this property had received a notice of violation dated September 20, 2000 for violations of the Community Appearance Code. The violations were noted in a routine neighborhood inspection. Service was accomplished by certified mail. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 00-2510, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Tilda Jenkins 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 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. Ms. Williams seconded the motion that carried unanimously. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Case #01-1078 Property Address: Violation(s): Scott Avery ' 111 S.W.5th Avenue Chapter 15, Article 120(D)l.D; Section 13-16 IX-15- Inspector Lewis reported that this property had originally been cited on May 8, 2001 for violation of the Community Appearance Code and an occupational license for a rental. Service was accomplished by posting. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1078, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Scott Avery is in violation of Code Section Chapter 15, Article IX-15-120(D)1.D; Section 13-16 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before August 13, 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 #01-1051 Property Address: Violation(s): Continental Homes 1701 Arezzo Circle SBC 1997 Edition 104.1.1 and 104.7.2 Fence installed without a permit; red tag From Building Department Inspector Cain reported that this property had been cited on May 5, 2001 for the above violations. It was discovered through a Red Tag from the Building Department. Service was accomplished by certified mail and the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1051, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Continental Homes is in violation of Code Section SBC 1997 Edition 104.1.1 and 104.7.2 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before August 13, 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. Ms. Williams seconded the motion that carried unanimously. Case #01-1391 Property Address: Violation(s): Mary Pokrajac 7009 Middlebury Drive SBD 1997 Edition 104.6.1; screen enclosure installed with less minimum setback than 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Inspector Cain reported that this property had been cited on June 11,2001 for the above violation. The violation surfaced through a Red Tag from the Building Department. Service had been accomplished by certified mail and the City recommended 30 days. Mr. Foot asked if the setback problem could be resolved and Inspector Cain replied that it could. Motion Based on the testimony and evidence presented in Case No. 01-1391, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Mary Pokrajac is in violation of Code Section SBD 1997 Edition 104.6.1 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before August 13, 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. Ms. Williams seconded the motion that carried unanimously. Case #01-1407 Property Address: Violation(s): M,A. & Kathe A. Woods 261 N.E. 16th Court Chapter 15, Article IX-15-120(D),lA Inspector Melillo reported that this property had originally been cited on June 13, 2001 for the above violations. The violations were discovered through a routine neighborhood inspection and the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 01-1407, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that M.A. & Kathe A. Woods are in violation of Code Section Chapter 15, Article iX-15-120(D).1A of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before August 01,2001. 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 #01-746 Property Address: Violation(s): Edward S. Pickett 942 N.W. 8th Avenue Chapter 15, Article IX-15-120.(E)2A; (D).lnc; (E)2C. Inspector Pierre reported that this property had been cited on April 2, 2001 for violations of the Community Appearance Code. Service was accomplished by certified mail. The violations were discovered through a routine neighborhood inspection and the City recommended 30 days. Motion Based on the testimony and evidence preSented in Case No. 01-746, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Edward S. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Pickett is in violation of Code Section Chapter 15, Article IX-15-120(E)2A; (D).lnc; (E)2C of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before August 13, 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 #01-1192 Property Address: Violation(s): Margaret Newton 701 N.W. 4th Street Chapter 15, Article IX-15-120(D).lnc. Inspector Pierre reported that this property of the Community Appearance Code. neighborhood inspection. Service was recommended 15 days. had been cited on May 29, 2001 for violations The violation was noted through a routine accomplished by certified mail. The City Motion Based on the testimony and evidence presented in Case No. 01-1192, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Margaret Newton is in violation of Code Section Chapter 15, Article IX-15-120(D).lnc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before August 02, 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 #01-1217 Property Address: Violation(s): Henry L. Watson 508 N.W. 9th Avenue Chapter 15, Article IX-15-120(D).lnc. Inspector Pierre reported that this property had been cited on May 30, 2001 for violations of the Community Appearance Code. The violations were noted in a routine neighborhood inspection. Service was accomplished by hand carry. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1217, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Henry Watson is in violation of Code Section Chapter 15, Article 1×-15-120(D).lnc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before August 13, 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. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Case #01-010 Property Address: Violation(s): Andres Santiago, Jr. 2721 N.W. 1st Street Chapter 15, Article IX-15-120(d). Inc. Inspector Guillaume reported that this property had been cited originally on January 3, 2001 for violations of the Community Appearance Code. The violation was discovered in a routine inspection of the neighborhood. Service was accomplished by hand carry. The City recommended 90 days due to the water restrictions and Mr. Santiago's financial problems. Mr. Foot asked if the owner had started on the driveway and Inspector Guillaume responded that he had promised to start it tomorrow. Motion Based on the testimony and evidence presented in Case No. 01-010, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Andres Santiago, Jr. is in violation of Code Section Chapter 15, Article IX-15-120(D). Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations 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 #01-095 Property Address: Violation(s): Ramon Maldonado 111 N.E. 28th Court Chapter 15, Article IX-15-120(D).1 Inc. Inspector Guillaume reported that this property had originally been cited on January 18, 2001 for violations of the Community Appearance Code. The violation was discovered through a routine inspection and service was accomplished by certified mail. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 01-095, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Ramon Maldonado is in violation of Code Section Chapter 15, Article IX-15-120(D).l Inc. of the City Code of Ordinances. 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. Mr. Walsh seconded the motion that carried unanimously. Case #01-1185 Property Address: Violation(s): Florida 4-C Properties, Inc. 2508 N. Federal Highway Chapter 10, Article II, Section 10-30; three 55-gallon drums filled with some substance on the property 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Inspector Guillaume reported that this property had originally been cited on May 15, 2001 for the empty drums. The Fire Inspector discovered the violation and service was accomplished by pOsting. The City recommended 10 days. The Board asked if the materials were flammable and Inspector Guillaume repl.ied that no one knew what Was in the barrels. The City had not been able to contact the owners. Chairman DeLiso asked Inspector Guillaume to follow through with the Fire Department to see if the City Could remove the barrels and charge the owner. Inspector Melillo explained that when the materials to be disposed of are unknown, the cost is extremely high. Motion Based on the testimony and evidence presented in Case No. 01-1185, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Florida 4- C Properties LLC is in violation of Code Section Chapter 10, Article II, Section 10-30 of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before July 30, 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: Foot seconded the motion that carried unanimously. After discussion, the Board was concerned about what was in the barrels and thought that the fine of $25.00 a day might not be sufficient. Mr. Walsh suggested contacting Fina Petroleum to find out who they had been delivering to in an attempt to locate the owner. Chairman DeLiso thought it might be a foreclosure and could be owned by a bank. Assistant City Attorney Tolces suggested investigating the property records and if it came back to a partnership, the State might have the record in Tallahassee, Motion Mr. Foot moved to reconsider Case No. 01-1185. that carried unanimously. Ms. Williams seconded the motion Motion Based on the testimony and evidence presented in Case No. 01-1185, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Florida 4-C Properties LLC is in violation of Code Section Chapter 10, Article II, Section 10-30 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before July 30, 2001. If the Respondent does not comply with this Order, a fine in the amount of $100.00 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 #01-1362 Property Address: Violation(s): Perlnita Sanders 2401 N.W. 2nd Street Chapter 15, Article IX-15-120(D).lA 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Inspector Guillaume reported that this property had originally been cited on June 8, 2001 for violation of the Community Appearance Code. The violation was noticed through routine inspection of the neighborhood. Service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1362, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Perlnita Sanders is in violation of Code Section(s) Chapter 15, Article IX-15-120(D).1A of the City' Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before August 13, 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 #01-987 Property Address: Violation(s): M. & Lizzie King 221 N.E. 9th Avenue Chapter 15, Article IX-15-'120(D).lnc; Section 15-16 of BBC of Ordinances Inspector Webb reported that this property had been cited on May 1, 2001 for violation of the Community Appearance Code. The violation was noticed through a routine inspection of the neighborhood. Service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-987, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that M. & Lizzie King are in violation of Code Section Chapter 15, Article IX-15-120(D)Jnc., and Section 15-16 of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before August 13, 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 #01-1030 Property Address: Violation(s): Vlasta Tesarik 217 N.W. 3rd Avenue Chapter 15, Article IX-15-120(D).lnc. Inspector Webb reported that this property had been cited on May 4, 2001 for violations of the Community Appearance Code. The violation was discovered through a routine neighborhood inspection. Service was accomplished by certified mail. ']'he City recommended 30 days. ¸17 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Motion Based on the testimony and evidence presented in Case No. 01-1030, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Vlasta Tesarik is in violation of Chapter 15, Article IX-15-120(D).lnc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before August 13, 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. Ms. Williams seconded the motion that carried unanimously. Case #01-1031 Property Address: Violation(s): Paul P. & Virginia Halenda 225 N.W. 3rd Avenue Chapter 15, Article 120(D).lnc. IX-15- Inspector Webb reported that this property had originally been cited on May 4, 2001 for violation of the Community Appearance Code. The violation was discovered through 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. 01-1031, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Paul P. & Virginia Halenda are in violation of Chapter 15, Article 1×-15-120(D).lnc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before August 13, 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 #01-1088 Property Address: Violation(s): SS&F Boynton Beach Acquisition 715 W. Boynton Beach Boulevard Part 3, Land Development Regulations, Chapter 21-1, Section 12. Inspector Webb reported that this property had originally been cited on May 16, 2001. The violation was discovered through a routine inspection and service was by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1088, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that SS&F Boynton Beach Acquisition is in violation of Part 3, Land Development Re.gulations, Chapter 21-1, Section 12 of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before August 13, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 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 #01-1111 Property Address: Violation(s): Elizabeth Gamble & Willie Denson 115 N.W. 6th Avenue Chapter 15, Article IX-15-120(D).lA & lB Inspector Webb reported that the property had been cited on May 17, 2001 through a routine inspection of the neighborhood. Service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1111, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Elizabeth Gamble and Willie Denson are in violation of Chapter 15, Article IX-15-120(D).1A & lB of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before August 13, 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. Chairman DeLiso directed a comment to Mr. Tolces concerning the City's billboard lawsuit. He understood that the judge had said the City's sign Ordinance was not strong enough. Mr. Tolces was not familiar with the case but Chairman DeLiso requested that he look into it and report back to the Board. Case #01-1164 Property Address: Violation(s): Margaret & Charles Murph 337 N.E. '13th Avenue Chapter 15, Article IX-15-'I20(D).lA Inspector Webb reported that this property had been cited on May 22, 2001 for violations of the Community Appearance Code. The violation 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. 01-1164, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Margaret & Charles Murph are in violation of Chapter 15, Article IX-15-120(D).1A of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before July 30, 2001. If the Respondent 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 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #01-1229 Property Address: Violation(s): Anthony Evans 551 N.W. 13th Avenue SBC 1997 Ed 104.1.1 and 105.6 Inspector Webb reported that this property had been cited on May 31, 2001 for the violation as stated. The violation was a Red Tag from the Building Department. Service was by certified mail. The City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 01-1229, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Anthony Evans is in violation of Code Section(s) SBC 1997 Ed 104.1.1 and 105.6 of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before July 30, 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 #01-1039 Property Address: Violation(s): Marie C. Poulard 190 S.E. 27th Avenue Chapter 15, Article IX-15-120(D).lnc. Inspector Roy reported that this property had been cited on May 4, 2001 for violations of the Community Appearance Code. The violation was discovered via a complaint from a neighbor. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1039, Ms. Williams moved that this Board find, as a matter of fact, and as a concluSion of law, that Marie Poulard is in violation of Chapter 15, Article IX-15-120(D).lnc. of the City Code Of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before August 13,'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 #01-1126 Property Address: Violation(s): Donald J. & Barbara Fisher 2109 S.E. 3rd Street SBC 1997 Ed 104.1.1 and 104.7.2 Inspector Roy reported that this property had been cited as a result of a Red Tag from the Building Department. Service was accomplished by certified mail. The permits are in the Building Department but they had not been picked up. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Motion Based on the testimony and evidence presented in Case No. 01-1126, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Donald & Barbara Fisher are in violation of SBC 1997 Edition 104.1.1 and 104.72 of the City Code of Ordinances. Mr~ Foot moved to order that the Respondents correct the violations on or before July 30, 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, Williams seconded the motion that carried unanimously. Case #01-1127 Property Address: Violation(s): Donald J. & Barbara Fisher 2107 S.E. 3rd Street SBC 1997 Edition 104.1.'1 and 104.7.2 Inspector Roy reported that this property had been cited on May 18, 2001 and was discovered through a Red Tag from the Building Department. Service was accomplished by posting. The City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 01-1127, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Donald J. & Barbara Fisher are in violation of SBC 1997 Edition 104.1.1 and 104.7,2 of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before July 30, 2001. If the Respondent 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 #01-1184 property Address: Violation(s): Maria Kemp 1125 S.W. 27th Avenue Chapter 15, Article (E).lnc. IX-15-129(D).lnc; Inspector Roy reported that this property had been cited on May 24, 2001 based on a complaint by a neighbor. Service was by posting. The City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 01-1184, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Maria Kemp is in violation of Chapter 15, Article IX-15-120(D).lnc;(E).lnc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before August 2, 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. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Case #01-1301 Property Address: Violation(s): Margaret C. Norelli Tr. Hldr 2103 S.W. 23rd Ct. SBC 1997 Edition 105.6 Inspector Roy reported that this property had been cited on June 5, 2001 and was discovered through a Red Tag from the Building Department. Service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1301, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Margaret Norelli Tr. Hldr is in violation of SBC 1997 Edition 105.6 of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before August 13, 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 #01-1404 Property Address: Violation(s): Leslie & Luvaine Lafleur 194 S.E. 27th Ct. Chapter 15, Article IX-15-120(D).lnc; PT3, LDR.Chapter 20-VIII.Section 2.A; SBC 1997 Ed 103.5, 104.1.1 and Section 10-3 of the BBC of Ordinances Inspector Roy reported that this property had been cited on June 13, 2001 due to a complaint from a tenant. Service was by certified mail. The City recommended 30 days. Mr. Foot asked if the loose trash in the yard presented a hurricane hazard and Inspector Roy replied that it did not. Ms. Williams asked Inspector Roy to explain the term illegal triplex. Inspector Roy explained that in the owner's duplex, one room on one side is rented out to another person. The owner plans to evict the tenant that made the complaint and give the other person the whole other side of the duplex. Motion Based on the testimony and evidence presented in Case No. 01-1404, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Leslie & Luvaine LaFleur are in violation of Chapter 15, Article IX-15-120(D).lnc; PT3, LDR, Chapter 20 VIII. Section 2.A; SBC 1997 Ed 103.5, 104.1.1 and Section 10-3 of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before August 13, 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. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 LIEN PENALTY CERTIFICATIONS (TABLED) Case #01-126 Belmont at Boynton Beach, Inc. 7025 Beracasa Way #107 Boca Raton, FI 33433 1 Belmont Place Inspector Lewis reported that this property had been cited on January 24, 2001 for a sign permit. A Code Compliance Board hearing was held on March 21, 2001 and Respondents did not appear. A compliance date and proposed fine were set by the Board of April 5, 2001 or $25.00 per day. The property came into compliance on July 17, 2001 for 102 days of non-compliance. The Respondents were present at the May 16, 200'~ meeting when the case was tabled but were not present at this meeting. The sign was removed. They tried to get a permit for the sign but were unable to do so and took the sign down. Motion Based on the testimony and evidence presented in Case No. 01-126, Mr. Foot moved that this Board find, as a matter of fact, that Belmont at Boynton Beach, Inc. was in violation of Code Section(s) as specified subsequent to the date of compliance specified in this Board's Order of March 21, 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 a fine in the amount of $500.00 per day plus administrative costs. Mr. Walsh seconded the motion that carried unanimously. Case #00-2790 Boynton Industrial Park Assn. 1000 W. Industrial Avenue Inspector Webb reported that this property had been cited on October 18, 2000 for multiple violations. A Code Compliance Board hearing was held on January 17, 2001 and the Respondents did appear. A compliance date and proposed fine were set by the Board of May 14, 2001 or $50.00 per day. The property has not complied yet for 65 days of non-compliance. Inspector Webb mentioned that the citation had been for permits, occupational license, running a junkyard, and other violations. Chairman DeLiso urged certification of the fine. Motion Based on the testimony and evidence presented in Case No. 00-2790, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Boynton Industrial Park Association has violated this Board's prior Order of January 17, 2001, and this Board impose and certify a fine in the amount of $50.00 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. Mr. Walsh seconded the motion that carried unanimously. Case #01-398 Bernard & Magda Villard & Bernard Yvens 317 N.E. 16th Avenue 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Inspector Melillo reported that this case was originally cited on February 27, 2001 for violation of the Standard Building Code. The violation was a red tag from the Building Department, which called for a final inspection on a permit for an air conditioner. A Code Compliance Board hearing was held on May 16, 2001 and Respondents appeared. A compliance date and proposed fine were set by the Board of June 18, 2001 or $25.00 per day. The property has not yet complied. Mr. Miriana wondered if the Respondents were fully aware of the need of an inspection and Inspector Melillo replied that they had appeared at the hearing, There were two other liens on the property as well. An illegal room addition was involved and a small fire that brought the Fire Department and this led to the Red Tag violation. Motion Based on the testimony and evidence presented in Case No. 01-398, and having considered the gravity of the violations, the actions taken by the :Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Bernard & Magda Villard & Bernard Yvens have violated this Board's prior Order of May 16, 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. Mr. Walsh seconded the motion that carried unanimously. Case #01-503 Raymond & Linda Torres 5406 Blueberry Hill Avenue Lake Worth, FI 33463 1330 N.W. 1st Court Inspector Melillo reported that the property had been cited on March 6, 2001 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on May 16, 2001 and no one appeared. A compliance date of June 18, 2001 or $25.00 per day was set by the Board. The violation still exists. Motion Based on the testimony and evidence presented in Case No. 01-503, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Raymond & Linda Torres have violated this Board's prior Order of May 16, 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. Mr. Miriana seconded the motion that carried unanimously. Chairman DeLiso asked if the Torres' had sold any of their properties in the City yet and Inspector Melillo replied that in this case, the real estate company said there was a contract on the house. Inspector Melillo requested that they mow the yard and trim the shrubbery on more than one occasion with no response yet. Case #01-669 Richard Head 21218 St.Andrews Blvd. 518 Boca Raton, FI 33433 119 Arthur Court 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Inspector Laverdure reported that this case had originally been cited on March 26, 2001 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on May 16, 2001 and Mr. Head did not appear. A compliance date and proposed fine were set by the Board of June 18, 2001 or $25.00 per day. The property has not yet come into compliance for 30 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 01-669, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Richard Head has violated this Board's prior Order of May 16, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that carried unanimously. Inspector Laverdure affirmed that there was no hazardous debris in the yard and that he was still trying to contact Mr. Head. Case #00-3203 Paul, Cynthia & Conrad Gribenas 443 S.W.7th Court Inspector Lewis stated that all the violations had been brought into compliance except the fence and that there was a problem with the permit. The City recommended tabling the case for sixty days. Motion Mr. Foot moved to table Case No. 00-3203 until the September 19, 2001 meeting of the Code Compliance Board. Mr. Walsh seconded the motion that carried unanimously. Case #01-396 Home Depot U.S.A. 1520 S.W. 8th Street Inspector Lewis commented that Home Depot had request that the case be tabled for sixty days and earlier in the meeting, Mr. Blasie had requested thirty days. Motion Mr. Foot moved to reconsider the tabling of Case No. 01-396. motion that carried unanimously. ' Mr. Walsh seconded the Motion Mr. Foot moved to table Case No. 01-396 to the September 19, 2001 meeting of the Code Compliance Board. Ms. Williams seconded the motion that carried unanimously. Case #00-3529 Alfred Payer 405 S.W. 2nd Street Inspector Lewis reported that this property had originally received a notice of violation dated December 28, 2000 for a lack of barriers around a swimming pool. Mr. Payer did not appear at the Code Compliance Board meeting on April 18, 2001. A compliance date and proposed fine were set by the Board of May 2, 2001 or $50.00 per day. The 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 property came into compliance on June 27, 2001 for a total of 35 days of non- compliance. Mr. Payer complied by removing the aboveground pool. Motion Based on the testimony and evidence presented in Case No. 00-3529, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Ms. Williams moved that this Board find that Alfred Payer has violated this Board's prior Order of April 18, 2001, and this Board impose and certify no fine or administrative costs. Mr. Miriana seconded the motion that carried 4-1 with Mr. Foot dissenting. Mr. Rossi was out of the room. Case #01-100 John Costanzo 515 N.W. 8th Court Inspector Pierre reported that this case had originally been cited on January 22, 2001 for a driveway apron that needed to be repaired or replaced. Mr. Costanzo appeared at the April 18, 2001 meeting of the Code Compliance Board. A compliance date and proposed fine were set of May 14, 2001 or $25.00 per day. The property has not yet come into compliance for 65 days of non-compliance. Chairman DeLiso asked if there had been any contact with Mr. Costanzo and Inspector Pierre replied that there had not. Motion Based on the testimony and evidence presented in Case No. 01-100, 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. Miriana moved that this Board find that John Costanzo has violated this Board's prior Order of April 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Case #0'1-517 William & Leonard Albury 120 NE. 8th Avenue Inspector Webb reported that this property had originally been cited on March 6, 2001 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on May 16, 2001 and no one appeared. A compliance date and proposed fine were set by the Board of June 18, 2001 or $25.00 per day. The property has not yet complied for 30 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 01-517, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that William & Leonard'Albury have violated this Board's prior Order of May 16, 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. Mr. Miriana seconded the motion that carried unanimously. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2001 Case #01-518 Rosetta Dean 345 N.E. 9th Avenue Inspector Webb reported that this property had originally been cited on March 6, 2001 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on May 16, 2001 and Ms. Dean did not appear. A compliance date and proposed fine were set by the Board of June 18, 2001 or $25.00 per day. The property has not yet come into compliance. Motion Based on the testimony and evidence presented in Case No. 01-518, 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. Miriana moved that this Board find that Rosetta Dean has violated this Board's prior Order of May 16, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that carried unanimously. Case #01-591 Josephus McDonald 556 N.W. l0th Avenue Inspector Webb reported that this property had originally been cited on March 15, 2001 for open storage containers on the property and the application of a street number to the house. A Code Compliance Board hearing was held on May 16, 2001 and Mr. McDonald did not appear. A compliance date and proposed fine were set of June 4, 2001 or $25.00 per day. The property is not yet in compliance, for 44 days of non- compliance to date. Motion Based on the testimony and evidence presented in Case No. 01-591, 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 Josephus McDonald has violated this Board's prior Order of May 16, 200'1, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Case #01-604 Katrina Stewart 119 N.W. 3rd Avenue Inspector Webb reported that this property had originally been cited on March 15, 2001 for violation of the Community Appearance Code. A Code Compliance Board hearing was held on May 16, 2001 and Ms. Stewart did not appear. A compliance date and proposed fine were set of May 29, 2001 or $25.00 per day. The property complied on July 17, 2001 for 48 days of non-compliance. The City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 01-604, and having considered the gravity of the violations, the actions taken by the Respondent and any 27¸ Meeting Minutes Code Compliance Board Boynton Beach, Florida July I8, 2001 and all previous violations committed by the Respondent, Ms. Williams moved that this Board find that Katrina Stewart has violated this Board's prior Order of May 16, 2001, and this Board impose and certify no fine or administrative costs. Mr. Walsh seconded the motion that carried unanimously. D. FORECLOSURES Case No. 00-2566 Case No. 00-2654 Case No. 00-2868 Case No. 00-1473 Case No. 00-2440 Case No. 00-2291 Case No. 00-2338 Case No. 00-2612 Case No. 00-2995 Case No. 00-1810 Case No. 00-1812 Case No. 00-3308 Case No. 00-2806 Case No. 00-1873 Case No. 00-2176 Case No. 00-2775 Case No. 00-1256 Case No. 00-1401 Case No. 00-2791 Joseph & Maria Estella Raymond & Linda Torres Miguelina & Nelson Serrano Rose Gordon David Nicholls Joseph & Phyllis Garcon Angel Mercado Raymond & Linda Torres Raymond & Linda Torres Venetrice Jackson Henrys Euvrard Edna Francois & Marie Pierre Patrick Donahue, Larry Turner Maxine Yves Charles Henning, Sr. Frank & Christina Bruno Art Krell Willie & Julia Clark Raymond & Linda Torres Motion Mr. Foot moved that the above cases be forwarded to the City Attorney's Office for foreclosure proceedings. The motion was seconded by Mr. Walsh and carried unanimously, Chairman DeLiso and Mr. Tolces discussed the matter of demand letters and whether the City Attorney's office would continue to issue them. Chairman DeLiso said that when the letters were sent in the past, many people came in to pay. VI. ADJOURNMENT There being no further business to come before the Board, the meeting was duly adjourned at 9:45 p.m, Respectfully submitted, Recording Secretary (four tapes) (07/19/01) 28 Code ComplianCe Division 100 E. Boyntcn Beach Blvd. Boymon Beach, Fl. 33435 2455 Paces Ferry Road, N.W. · Atlanta, GA 30339-4D24 (770) 433-821 '1 7/17/01 Skig Lewis, Concerning Case# 1-396 ( Home Depot Expo= 1520 SW. 8th St. ), I would lie to make a fo~ request tha~ the Code Enforcement Board table thc issue for 60 days. I ara currently in c~mact with Rick Arnold to ascertai~ the situation surrounding al~ph'cationg 98-4943. I at~ologize on behalf of Home Del~ot USA, Inc. that this issue has go~ on so long. It ~s only b~u~ to my a~on yester~y, b~ re~ ass~d ~t I ~t wo~ ~th ~ck ~ ~ ~s ~blem co~e~ rapi~y. I ~II ~ ~c Home ~t ~ct on ~s i~ ~ we m~e fo~. Additionally, could you provide me with in(~nnation concerning pending fines? Bruce Covey 770.433, 8211.18025 bruc¢_covey~.homedepot, eom U S A