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Minutes 06-20-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JUNE 20, 2001 AT 7:00 P.M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chair Bob Foot James Miriana Sarah Williams Thomas Walsh Absent David N. Tolces, City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Richard Laverdure Vestiguerne Pierre Willie Webb Enrico Rossi Dee Zibelli I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:08 p.m. II. APPROVAL OF MINUTES OF MAY 16, 2001 Mr. Foot requested that the following changes be made to the minutes: On Page 6 -"Chans" Enterprises is incorrect. It should read "Chin". On Page 36 - Mr. Foot believed that Attorney Cirullo in the first paragraph under the heading "Lien Penalty Certifications" said "could" instead of "would". The sentence should read "Attorney Cirullo pointed out that the lien penalty certifications "could" be handled in a different manner. Mr. Foot requested that the minutes be changed accordingly. On Page 39 - Mr, Foot noted that the case number in the motion to table the BobKatz Properties was incorrect and should be Case No. 00-2326. Mr. Foot also asked Mr. Blasie if he reviewed the minutes and Mr. Blasie said he had. Motion Mr. Foot moved to approve the minutes of the May 16, 2001 meeting, as amended. Motion seconded by Mr. Walsh and unanimously carried. II1. APPROVAL OF THE AGENDA Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Mr. Blasie requested that the following deletions be made to the agenda: A. Page B. Page C. Page D. Page 19 (Case E. Page 20 (Case F. Page 21 (Case G. Page 25 (Case H. Page 26 (Case I. Page 29 (Case J. Page 33 (Case K. Page 36 (Case 4 (Case 01-010), Andres Santiago, Jr., removed 6 (Case 01-887), William & Sharon Ganoe, complied 16 (Case 01-746), Edward Pickett, removed 01-1097), Essie Chisem, removed 01-1116), Robert Bridges, complied 01-020) Roger Krout, Tr., removed 01-542), Jean & Emanet Louis, removed 01-543), Francisco Franciso & Juan Jos6, complied 01-657), Charlie Andrews, et al, complied 01-681), Ernestine Clark, complied 01-990), George Brown, complied Motion Vice Chair Hammer moved to accept the agenda, as amended. seconded by Mr. Foot and unanimously carried. Motion IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso instructed that Mr. Blasie call the roll. Mr. Blasie requested that all persons who were present to state "here" when their name is called. The Recording Secretary administered the oath to all persons who would be testifying. V. NEW BUSINESS Chairman DeLiso explained the plea system. When you hear your case, please take the podium and state your name and address. You can enter a plea of "no contest" if you know that your property has a violation, but you need time to correct it. If you request a reasonable amount of time, usually the Board will grant it. If you feel you do not have a violation on your property, you can plead "not guilty" and each side will then present their case. The Board will then make a determination whether a violation exists on the property. If it is determined that a violation exists, you will be given a reasonable amount of time to correct the violation. If the violation is corrected within the allowed time, you do not have to reappear before the Board. A. CASES TO BE HEARD 2 Meeting Minutes .~ Code Compliance Board Boynton Beach, Florida June 20, 2001 Case #98-3919: Property Address: Violations: Virginia E.C. Lewis 149 SE 27th Way Chapter 15, Article IX-15-120 (D), Inc. and 120 (E), Inc.; Trim all overgrowth and prune trees; repair fascia and soffit; remove all trash and debris from carport and rear yard. Inspector Laverdure stated the case was originally cited on November 13, 1998 through an anonymous complaint. Service was made by hand carry and the City recommends 30 days. Ms. Virginia Lewis, 149 SE 27th Way, Boynton Beach pled no contest and asked for six weeks in order to do the repairs to the house. Inspector Laverdure informed members that the respondent is applying to Community Redevelopment for assistance. Motion Based on the testimony and evidence presented in Case No. 98-3919, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Virginia E.C. Lewis is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 120 (E), Inc. 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. Motion seconded by Ms. Williams and unanimously carried. Case #01-539: Property Address: Violations: Joseph J. & Cherry Bartiey 1620 Pa~mland Drive SBC '97 Edition 104.1.1 and 104.7.2; Permit application #99- 292; see copy of "red tag" dated March 8, 2001. Inspector Laverdure stated that the case was originally cited on March 8, 2001. Service was obtained by certified mail. Joseph J. and Cherry Bartley, 1620 Palmland Drive, Boynton Beach said that the building permit was for work done at their home in January 1999. The work was performed by Bennett Aluminum Supply and Products, which cost the respondent $2,310. The contractor had assured the respondents that the proper 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 paperwork was completed. After two years, the Code Compliance Department informed the respondent that the permit was not complete. Mr. Bartley asked why it took two years to inform him of this. He stated that he has contacted the contractor on several occasions and has had no response. Staff at the City's Building Department tried to help him complete the paperwork, but he said he could not fill out the paperwork properly due to its complexity. The respondent felt that it was the contractor's responsibility to perform the paperwork and he should be held responsible. Chairman DeLiso stated that the homeowner is ultimately responsible regardless of who is hired to do the work. Chairman DeLiso requested the respondent enter a plea and the respondent pled not guilty. Mr. Blasie suggested that the respondent file a complaint with the Contractor Certification Office. The respondent could not understand how this contractor could continue to do business in Boynton Beach if he does not follow the proper procedures. Chairman DeLiso inquired why it took the City two years to site the respondent. Mr. Blasie responded that the permit was applied for in 1999 and the red tag was issued January 30, 2001. Mr. Blasie said it appeared that the contractor made application in 1999 and never came back to pick it up. Mr. Blasie suggested that the case be tabled to allow him an opportunity to speak with the contractor. The respondent stated he contracted with the Screen Depot to complete the work, which is costing an additional $1,729 to bring the property into compliance and should be completed within two weeks. Mr. Foot suggested giving the respondent 60 days for compliance. Motion Based on the testimony and evidence presented in Case No. 01-539, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph J. and Cherry Bartley are in violation of Code Sections Chapter SBC '97 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 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. Motion seconded by Mr. Walsh. Motion carried 4-2 (Chairman DeLiso and Mr. Miriana dissenting). Case #01-646: Property Address: Violations: Raymond G. Villwock 3215 Chapel Hill Blvd. Section 10-2 B.B.C. of Ordinances; remove debris 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 from City property behind fence. Inspector Laverdure stated the property was originally cited on March 21, 2001 through a complaint from the City's Parks Department. Service was obtained by posting. Raymond G. Villwock, 3215 Chapel Hill Boulevard, Boynton Beach pled no contest. The respondent stated that behind his house is a large field, which cannot be accesSed by the public because it is cut-off by a canal on one side and a locked gate on the other side. The debris in question is located behind his fence. When he purchased the house the debris was there and he thinks it has been there for many years. The respondent stated that the debris was not on his property and is not visible to the public. Mr. Villwock stated he paid $185 to have the debris removed. However, under the debris there are two large concrete slabs that cannot be moved by a person. It would have to be either broken up with a sledgehammer or removed by a crane. Mr. Villwock requested that the City accept the property the way it is since he cleaned up the debris. It would cost him a great deal of money to haveCthe slabs removed. Members discussed why the respondent was being cited sited for debris that was not on his property. Inspector Laverdure responded that the debris was located on a swale area iand the City Code requires the property owner to maintain the swale. The respondent and the members viewed pictures of the property. Members felt it was the City's responsibility to maintain this property. Motion Mr. Foot moved that the respondent be found not guilty and that the case be referred back to the City's Park Department. Inspector Webb stated this is the right of way to Girl Scout Park and when he worked for the Parks Department the same debris was there at that time. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-1020 Property Address: Violations: Anita Enterprises Property, Inc. 1920 S. Federal Highway SBC '97 Edition 105.6; Make corrections per copy of "red tag" dated April 9, 2001. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Inspector Laverdure stated the case was cited on May 3, 2001. Service was obtained by certified mail. Mr. Terry Pereira, 7692 Colony Lake Drive, Boynton Beach, representing the owner, assumed the podium. Mr. Pereira pled no contest and requested 15 days, but would like 30 days if possible. Mr. Foot asked if the City agreed to 30 days and Inspector Laverdure stated the City was requesting 10 days. Mr. Foot asked to see documentation that Mr. Pereira was duly authorized to represent the owner of the property and Mr. Pereira presented a signed letter from the owner, Which is included with the original minutes. Motion Based on the testimony and evidence presented in Case No. 01-1020, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Anita Enterprises Property, Inc. is in violation of Code Sections SBC '97 Edition 105.6 of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before July 4, 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. Miriana and unanimously carried. Case #01-570 Property Address: Violations: Lois J. Cox 215 SW 5th Avenue Chapter 15, Article IX-15-120 (E) 2, 120 (D) 1, Inc. and 10-2 B.B.C. of Ordinances; Please mow and trim all overgrown weeds, grass, bushes and trees on the property- front, rear and sides; remove all trash and debris; repair or replace garage door. Inspector Laverdure stated the case was originally cited on March 13, 2001 through routine neighborhood inspection. Service was accomplished by certified mail. Lois J. Cox, 215 SW 5th Avenue, Boynton Beach stated that all the work is done except for the garage door. The respondent pled guilty and requested 120 days. 6 Meeting Minutes -~ Code Compliance Board Boynton Beach, Florida June 20, 2001 Motion Based on the testimony and evidence presented in Case No. 01-570, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Lois J. Cox. is in violation of Code Sections Chapter 15, Article IX-15- 120 (E) 2, 120 (D) 1, Inc. and 10-2 B.B.C. 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. Motion seconded; by Mr. Walsh and unanimously carried. CaSe #01-1091 Property Address: Violations: Evanette Guillaume 305 SW 5th Avenue Chapter 15, Article 1×-15-120 (D) 1, Inc., SBC '97 ED 104.1.1 and 10-52 B.B.C. of Ordinances; Please remove all unregistered, inoperative vehicles from the property; please install proper pool barrier; a permit will be required for barrier. Inspector Laverdure stated the case was originally cited on May 16, 2001 through routine neighborhood inspection. Service was made by certified mail. Inspector Laverdure said that the respondent showed him the registration for the car; therefore, that part of the violation has complied. The respondent also informed him that the pool has been drained and the gate area has been replaced, but still requires a permit. Inspector Laverdure said he would like to go out to the property tomorrow to determine if in fact a permit is necessary. Vice Chair Hammer asked if the case should be tabled and Inspector Laverdure agreed to this. Mr. Foot felt the respondent should be given 30 days to determine compliance. EVanette Guillaume, 305 SW 5th Avenue, Boynton Beach stated her name and address at the request of Chairman DeLiso, when she assumed the podium. Mr. Miriana asked what conStitutes a barrier? Inspector Laverdure stated that it could be a fence around the pool. He pointed out that the respondent has replaced the gate and the public does not have access to it. 7 Meeting Minutes ' Code Compliance Board Boynton Beach, Florida June 20, 2001 Motion Mr. Miriana moved that Case No. 01-1091 be tabled until the Code Compliance Board Meeting to be held on July 18, 2001. Motion seconded by Vice Chair Hammer. Motion carried 5-1 (Mr. Foot dissenting). Ms. Williams inquired what the City code stated regarding pool barriers. Mr. Blasie stated that the swimming pool code refers to fences and screen enclosures as barriers. In this particular case a piece of the barrier was missing and needed to be replaced. It now needs to meet the current codes. Case #01-332 Property Address: Violations: Hazel White 139 NW 13th Avenue Chapter 15, Article 1×-15-120 (E) 2A, 120 (E) 1, PT3, LDR, Chapter 20-VIII, Section 2.A, Section 2.H, SBC '97 Edition 104.1.1, 105.6 and SFPC 903.2.1; Dwelling unit does not meet minimum standards governing the conditions of structure: Violations are (1) occupational license for rental property; (2) installed or replaced water heater without a permit or inspections; (3) all windows, doors and screens need repairs to meet code; (4) all plumbing fixtures, appliances, electrical outlets need repairs; (5) cabinets, interior walls need repair; (6) unit must have smoke detectors; (7) rodent infestation; (8) rotted wood exterior; and occupational license required. Inspector Pierre stated the case was originally cited on February 14, 2001. (Chairman DeLiso had left the dais during this discussion.) Dan White assumed the podium and stated that the property is owned by his mother who had a heart attack two months ago and is unable to repair the property. He plans on tearing the property down and replacing it. The 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 respondent stated they needed a lot of time because of the amount of repairs needed. Vice Chair Hammer asked the respondent how much time he needed and he said that he needed at least four months. Currently the property is vacant. Motion Based on the testimony and evidence presented in Case No. 01-332, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Hazel VVhite is in violation of Code Sections Chapter 15, Article IX-15- 120 (E) 2A, 120 (E) 1, PT3, LDR, Chapter 20-VIII, Section 2.A, Section 2.H, SBC '97 Edition 104.1.1, 105.6 and SFPC 903.2.1 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. Motion Seconded by Mr. Foot and unanimously carried. CaSe #01-494 ProPerty Address: Violations: Francis N. & Betty W. Settle 848 NW 8th Avenue Chapter 15, Article IX-15-120 (D), Inc.; unlicensed and inoperable vehicle is not allowed on residential property; please remove it to comply with City Codes. Inspector Pierre stated the case was originally cited on March 5, 2001 and the violation was discovered through routine inspection. Frank Settle, 848 NW 8th Avenue, Boynton Beach pled not guilty. The respondent stated that the vehicle has always been licensed and operational. Inspector Pierre said that the respondent originally informed him that he needed more time to repair the truck. Inspector Pierre questioned how the truck could be operable since the respondent was told that he could not repair the truck in his yard. Inspector Pierre presented photos of the truck to the Board. The respondent stated that the tag on the truck is the original 1968 Florida tag and is legal. He presented the vehicle's registration to the Board. Since there was not enough evidence to prove whether the vehicle is or is not operational, members felt that the case should be dismissed. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Motion Ms. Williams moved to dismiss Case 01-494. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-534 Property Address: Violations: Bosse Theolus 348 NE 25th Avenue SBC '97 Edition permit is required windows. 104.1.1; a to install Inspector Cain stated the case was originally cited on March 8, 2001 through routine inspection of the neighborhood. Service was accomplished by posting. Bosse Theolus, 348 NE 25th Avenue, Boynton Beach pled no contest and asked for 30 days. The City agreed to 30 days. Motion Based on the testimony and evidence presented in Case No. 01-534, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Bosse Theolous is in violation of Code Sections SBC '97 Edition 104.1.1 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before July 16, 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. Walsh and unanimously carried. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) Case #99-704 Charles & Fred Rahming 502 NW 5th Street Boynton Beach, FL 33435 224 NE 10th Ave. Mr. Blasie requested that this case be tabled for 90 days since the respondent will be receiving assistance from Community Development. 10 Meeting Minutes - Code Compliance Board Boynton Beach, Florida June 20, 2001 Motion Mr. Foot moved that Case No. 99-704 be tabled until the Code Compliance Board Meeting to be held on September 19, 2001. Motion seconded by Vice Chair Hammer and unanimously carried. Case #00-593 Clara Andrews 410 NW 15th Avenue Mr. Blasie recommended tabling this case for 90 days since the respondent will be receiving assistance from Community Redevelopment. Motion Vice Chair Hammer moved that Case No. 00-593 be tabled until Code Compliance Board Meeting to be held on September 19, 2001. Motion seconded by Ms. Williams and unanimously carried. CASES TO BE HEARD The Recording Secretary administered the oath to persons who arrived late. Case #00-2574 Property Address: Violations: Frederick S. Ross 151 S. Atlantic Drive Chapter 15, Article IX-15-120 (D) 1, Inc.; Sections 13-16 B.B.C. of Ord.; Occupational license is required to rent house; also, please mow and de-weed; repair or replace driveway with concrete or asphalt. Inspector Guillaume stated the case was cited on October 4, 2000 through routine neighborhood inspection. Service was accomplished by certified mail. Frederick S. Ross, 151 S. Atlantic Drive, Boynton Beach pled no contest. Mr. Ross said he has applied for the occupational license. He has completed 80% of the necessary work, except for the driveway and landscaping. He placed sod down, but it died because the renter did not water the new sod. The respondent further stated that he is having financial difficulty in making the repairs due to the tenant's inability to pay the rent on time. The respondent requested 60 days. The City agreed to 60 days. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Motion Based on the testimony and evidence presented in Case No. 00-2574, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Frederick S. Ross is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 13-16 of the B.B.C. 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. Motion seconded by Mr. Walsh and unanimously carried. LIEN PENALTY CERTIFICATIONS Case #00-2169 Juan Portalatin '10 NE 22nd Avenue Inspector Guillaume stated the notice of violation was dated August 30, 2000. The respondent was present at the January 17, 2001 Code Compliance Board Hearing. A compliance date of April 16, 2001 was set or be fined $25.00 per day. The property has not complied. Juan Portalatin, 10 NE 22nd Avenue, Boynton Beach said he placed sod in his front yard and tried to water it. He said a Police Officer informed him to stop watering and now the grass is dying. The respondent stated he did not have the funds to plant additional sod, because his wages are being garnished by the Internal Revenue Service and for child support. He will be filing Chapter 13. Chairman DeLiso noted that the respondent has done a very good job with his yard, but there is another portion still remaining that needs grass. Chairman DeLiso stated that new sod can be watered and asked Mr. Blasie if the Police Department is cognizant of the watering regulations. Mr. Blasie said that the Police Officers were aware of the watering rules. Newly planted sod can be watered between 12 midnight to 8:00 a.m. Monday through Thursday. The respondent noted that in back of his house he is unable to grow grass because the trees have been killing the grass. He inquired if he could put a fence around this section of his property. Mr. Blasie stated this was permissible, but a permit would be required. Motion Mr. Foot moved that Case No. 00-2169 be tabled until the Code Compliance Board Meeting t° be held on August 16, 2001. Motion seconded by Ms. Williams and unanimously carried. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 B. LIEN REDUCTIONS Case #96-4220 E. & Zelma McGrady 5,03 NW 9th Avenue Mr. Blasie advised that the respondent has two cases on tonight's agenda. The first case was originally cited on August 9, 1996 for violation of the Community Appearance Code and trash and debris. The case came before the Board on July 15, 1998 and no one appeared. A compliance date of September 14, 1998 was set or be fined $25.00 per day. The property came into compliance on June 4, 2001 for 993 days of non-compliance for a fine of $24,825, plus administrative costs of $826.18. Mr. Blasie presented photos of the property before and after compliance to the respondent and the Board. Zelma McGrady, 503 NW 9th Avenue, Boynton Beach said that she is separated from her husband and raising four grandchildren. Ms. McGrady said when she was originally cited she could not afford grass and has had health problems. She now has grass, which was given to her. Mr. Blasie stated that she received assistance from Community Redevelopment. Chairman DeLiso thought that the property looked very good. Mr. Foot suggested that the lien be reduced to $826.18 to cover the administrative costs. Chairman DeLiso felt that the $250 filing fee would be a sufficient fine. Motion Based on the testimony and evidence presented in Case No. 96-4220, Ms. Williams moved that this Board find, as a matter of fact, that the Respondents E. and Zelma McGrady, were in violation of Code Sections Chapter 15, Article IX- 15-'~20-1X.1.D and Section 10-2 of the B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board's Order of July 15, 1998. 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 a fine in the amount of $250 in filing costs. Motion seconded by Mr. Miriana. Mr. Foot expressed his disagreement with the amount of the fine. It was noted that Ms. Williams read the wrong motion. Attorney Tolces recommended that she withdraw her original motion and cite the correct motion. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Motion Based on the testimony and evidence presented in Case No. 96-4220, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Williams moved that this Board find that the fine instituted in Case #96-4220, by virtue of this Board's Order of July 15, 1998 be reduced to $250 in filing costs. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Walsh. Motion carried 5-1 (Mr. Foot dissenting). Case #97-3482 E. & Zelma McGrady 503 NW 9th Avenue Mr. Blasie stated this case dealt with unlicensed vehicles on the property. The case first came before the Board on November 19, 1997 and the respondent did appear. A compliance date of December 15, 1997 was set or be fined $25.00 per day. The property came into compliance on June 4, 2001 for 1,266 days of non-compliance for a fine of $31,650, plus administrative costs of $634.12. Mr. Blasie presented photos of the vehicles that had been on the property. Chairman DeLiso inquired how long it took for Community Redevelopment to assist her in bringing the property into compliance? Ms. McGrady said that the property was completed within a couple of months. Ms. McGrady pointed out that she received no assistance from the City and the work was done by someone else. Mr. Blasie said he had been informed that Community Redevelopment had provided the assistance. Ms. McGrady said she had problems with removing the cars because every time she tried to remove them, her estranged husband wouldn't allow it. Mr. Miriana asked why it took so long to remove the vehicles and the respondent stated they belonged to her estranged husband and he prevented her from removing them. Motion Based on the testimony and evidence presented in Case No. 97-3482, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 97-3482, by virtue of this Board's order of November 19, 1997 be reduced to $634i12. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion died for lack of a second. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Motion Based on the testimony and evidence presented in Case No. 97-3482, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Williams moved that this Board find that the fine instituted in Case No. 97-3482, by virtue of this Board,s order of November 19, 1997 be reduced to $250.00 in filing costs. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Miriana. Motion carried 5-1 (Mr. Foot dissenting). Mr. Blasie explained that after tonight's order is signed and certified, the City Commission or the respondent has seven days from the date the order is certified to review the case. There is a possibility that the City Commission could review the case. The fines are not payable until the seven-day wait period expires. Case #00-442 Alvin & Cynthia Daniels 695 Lindell Blvd. Delray Beach, FL 33444 3171 Grove Road Mr. Blasie stated that the property was originally cited on March 3, 2000 for violation of the Community Appearance Code and for overgrowth and debris. The case came before the Board on June 21, 2000 and no one appeared. A compliance date of July 17, 2000 was set or be fined $25.00 per day. The property complied on June 4, 2001 for 321 days of non-compliance and a fine of $8,025, plus $730.15 in administrative costs. Mr. Blasie presented before and after pictures of the property to the respondent and the Board. Mr. Blasie stated that the property is one-half of a duplex. The other half is owned by a different person. Chairman DeLiso asked if the property were in foreclosure and was informed it was not. Mr. Alvin Daniels, 695 Lindell Boulevard, Delray Beach stated that there was an uncooperative tenant living in the apartment, who never forwarded the City's correspondence to him. Once Mr. Daniels discovered the lien, he immediately brought the property into compliance. Mr. Daniels requested that his lien be reduced to "0" and Chairman DeLiso reminded the Board that the property was rental property. Mr. Daniels stated he 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20,2001 kept the property immaculate until he rented it out. He is in the process of fixing upthe property, both inside and out. Mr. Blasie asked the respondent if the property were for sale and he stated it was not. The respondent stated that he would be moving back into the property. Chairman DeLiso asked to look at the signed certified receipt. Mr. Blasie stated that the letter with the receipt was returned by the Post Office "unclaimed". This letter was presented to the Board. Mr. Foot inquired how the letter went unclaimed when it was sent to the correct address. The respondent stated that the letter was unclaimed because he didn't go to the Post Office to claim the letter. Mr. Daniels said that his life is very busy having a wife and two children. He stated that he serves as a Minister, goes to school and works a fulltime job. He apologized to the Board and stated he is trying to get his life on track. Motion Based on the testimony and evidence presented in Case No. 00-442, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Williams moved that this Board find that the fine instituted in Case No. 00-442, by virtue of this Board's order of June 21, 2000 be reduced to $0. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Vice Chair Hammer. Mr. Foot disagreed with the assessment of no fine. Mr. Foot pointed out that the respondent stated that he did not pick up his mail and has not fulfilled his responsibilities to his neighbors or the City. Mr. Foot said being too busy is no reason not to assess a fine. Other members disagreed with Mr. Foot and felt the respondent deserved an opportunity to straighten his life out and to be taught responsibility. Ms. Williams felt the role of this Board was to bring property into compliance and the City should work with the residents and landlords in making the City a better community. ViCe Chair Hammer mentioned a newspaper article wherein the Mayor stated that the City is not here to punish people, but to make the City look better. Mr. Miriana felt the respondent ignored the registered letter and that some amount of fine should be assessed. Chairman DeLiso stated that the Board should not punish the respondent because he did not go to the Post Office to pick up a certified letter and should take into consideration the gravity of the violations, which was an appearance code violation. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20,2001 The Recording Secretary was requested to call the roll. The motion carried 5-1 (Mr. Foot dissenting). RECESS WAS DECLARED AT 8:45 P.M. THE MEETING RECONVENED AT 8:55 P.M. (Vice Chair Hammer left the meeting.) CASES TO BE HEARD Case #01-683 Property Address: Violations: Ace Housing Inc. 174 S. Palm Drive Chapter 15, Article IX-15-120 (D).IB and 10-2 B.B.C. of Ord.; Please repair your fence and pick up all trash and debris. Inspector Laverdure stated the case was originally cited on March 27, 2001 through routine inspection. Service was accomplished by posting and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 01-683, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Ace Housing, Inc. is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lB and 10-2 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before July 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. Motion seconded by Mr. Walsh and unanimously carried. Case #01-851 Property Address: Violations: John W. Field, Jr. 3320 E. Atlantic Dr. Section 13-16 B.B.C. of Ord.; You must have an occupational license 'to rent your house. 17 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida June 20, 2001 Inspector Laverdure stated through routine inspection. City recommends 10 days. the case was originally cited on April 11, 2001 Service was accomplished by certified mail and the Mr. Foot questioned whether 10 days would be sufficient for compliance and Inspector Laverdure replied that this has been going on for a long time. Motion Based on the testimony and evidence presented in Case No. 01-851, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that John W. Field, Jr. is in violation of Code Sections 13-16 B.B.C. of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before July 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. Motion seconded by Mr. Walsh and unanimously carried. Case #01-273 Property Address: Violations: Roger F. Quisenberry 2350 NW 1st Street SBC '97 Ed. 104.1.1 and 104.7.2; A permit is required to erect or replace fences. Inspector Guillaume stated the case was cited on routine inspection, Service was made by hand carry. days. February 7, 2001 through The City recommends 30 Motion Based on the testimony and evidence presented in Case No. 01-273, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Roger F. Quisenberry is in violation of Code Sections SBC '97 ED 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 July 16, 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. Miriana and unanimously carried. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Case #01-832 Property Address: Violations: Peter & Barbara H. Johnson 2404 SW 4th Street SBC '97 Ed 104.1.1, 105.6 and 104.7.2; Permit required for driveway extension, site wall and site lighting. See copy of "red tag" dated April 5, 2001. Inspector Laverdure stated the case was originally cited on April 9, 2001. Service was made by hand carry and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 01-832, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Peter E. and Barbara H. Johnson are in violation of Code Sections SBC '97 Edition 104.1.1, 105.6 and 104.7.2 of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before July 2, 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 #01-845 Property Address: Violations: Antonia Maki 147 SE 10th Avenue Chapter 15, Article 1×-15-120 (D) 1, Inc. and SBC '97 Ed 105.6; Please remove inoperative/unregistered vehicle from the property. Fence poles need to be removed or fence completed and final inspection received. Inspector Laverdure stated the case was cited on April 11, 2001 through routine neighborhood inspection. Service was made by certified mail and 'the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-845, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Antonia Maki is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Inc. and SBC '97: ED 105.6 of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before July 16, 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. Walsh and unanimously carried. Case #01-1002 Property Address: Violations: Edla Romulus 322 SW 10th Avenue Chapter 15, Article 1×-15-120 (D) 1, Inc., 10-2 and 10-3 B.B.C. of Ord.; Please remove all outdoor stored items, trash and debris from the yard areas (bed frames, bicycles, construction debris), shed needs to be painted, repaired or removed. Inspector Laverdure stated the property was originally cited on May 2, 2001 through an anonymous complaint, Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1002, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Edla Romulus is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1, Inc., 10-2 and 10-3 of the B.B.C. of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before July 16, 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. Walsh and unanimously carried. Case #01-484 Property Address: Violations: Peggy L. Martin 37 Misty Meadow Dr. SBC '97 Edition 105.(~; final inspection is required; see · copy of "red tag" dated February 15, 2001. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Inspector Cain stated the case was originally cited on March 5, 2001. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-484, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Peggy L. Martin is in violation of Code Sections SBC '97 Edition 105.6 of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before July 16, 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. Foot and unanimously carried. Case #01-522 Property Address: Violations: Marlene Israel 2620 NE 3rd Court Chapter 15, Article IX-15-15-120 (E) 2A and 10-52 B.B.C. of Ord.; Please paint house and remove vehicle or have it registered with the State. Inspector Cain stated the case was cited on March 7, 2001. The City recommends 30 days. 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, and as a conclusion of law that Marlene Israel is in violation of Code Sections Chapter 15, Article IX-15- 120 (E) 2A and 10-52 of the B.B.C. of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before July 16, 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. Foot and unanimously carried. Case #01-131 Property Address: Violations: Cross Creek Centre Assoc. Ltd. 1301 W. Boynton Beach Blvd. Chapter 10, Article II, Section 10-31, Chapter 15, Article IX-15- 15-120 (D), Inc. and PT3-LDR, 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Chapter 23, Article I1.O; Repair all potholes in parking lot; repair wooden fence; replace dumpster enclosure gate; replace all missing hedges; repaint fire lanes lettering; repaint curb with yellow paint. Inspector Webb stated the property was originally cited on January 24, 2001 through routine inspection. Service was obtained by certified mail and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-131, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Cross Creek Centre Associates Ltd. is in violation of Code Sections Chapter 10, Article II- Section 10-31, Chapter 15, Article IX-15-120 (D), Inc., PT3 - LDR, Chapter 23, Article II.O of the City Code of Ordinances. Miriana moved to order that the Respondent correct the violations on or before July 16, 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 amended his motion to $25.00 per day. Motion seconded by Ms. Williams and unanimously carried. Case #01-590 Property Address: Violations: Boynton Industrial Realty Corp. 1980 High Ridge Road SBC '97 ED 104.1.1, 104.6.1 and 104.7.2; See copy of "red tag" dated March 13, 2001. Inspector Webb stated the property was originally cited on March 14, 2001. Service was obtained by posting and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-590, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Boynton Industrial Realty Corp. is in violation of Code Sections SBC '97 Edition 104.1.1, 104.6.1 and 104.7.2 of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before July 16, 2001. If the Respondent does not comply with this Order, a fine in the 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 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. Walsh and unanimously carried. Case #01-702 Property Address: Violations: Maxine Demeus 120 NW 5th Avenue SBC '97 ED 104.1.1, 105.6 and 104.6.1; Erecting an addition without a permit, no permit posted, no inspections. Inspector Webb stated the property was originally cited on March 28, 2001 through routine inspection. Service was obtained by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-702, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Maxine Demeus. is in violation of Code Sections SBC '97 Edition 104.1.1,105.6 and 104.6.1 of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before July 16, 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. Walsh and unanimously carried. Case #01-738 Property Address: Violations: Raymond & Linda M. Torres 239 NE 13th Avenue Chapter 15- Article IX-15-120 (D), Inc.; Remove al~ loose trash and debris; al~ loose clothes from rear property; remove unpermitted shed. Inspector Webb stated the property was originally cited on March 29, 2001 through a citizen's complaint. Service was accomplished by posting and staff recommends 15 days. The respondents are repeat offenders. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Motion Based on the testimony and evidence presented in Case No. 01-738, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond & Linda M. Torres are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before July 5, 2001. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and unanimously carried. Case #01-880 Property Address: Violations: Bryan & Audrey Silverman 641 NE 9th Avenue SBC '97 Edition 104.6.1; Permit #99-3873 required inspection; See copy of "red tag" dated February 15, 2001. Inspector Webb stated the property was originally cited on April 16, 2001. Service was obtained by certified mail and staff recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 01-880, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Bryan K. and Audrey Silverman are in violation of Code Sections SBC '97 Edition 104.6.1 of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before July 2, 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. Walsh and unanimously carried. Case #01-984 Property Address: Violations: Boynton JCP Associates Ltd. 801 N. Congress Avenue 215 SBC '97 Edition 104.6.1; Permit #99-3910; Unit 215; "Custer Kids" need to come in to extend permit; see copy of "red tag" dated April 2, 2001. required inspection; See copy 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 of "red tag" dated February 15, 2001. Inspector Webb stated the property was originally cited on May 1, 2001 and service was obtained by certified mail. Staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-984, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of ~aw that Boynton JCP Associates, Ltd. are in violation of Code Sections SBC '97 Edition 104.6.1 of the City Code of Ordinances. Mr, Miriana moved to order ;that the Respondent correct the violations on or before July 16, 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. Mr. Foot inquired where the property was located and was informed it was a store inthe BoyntOn Beach Mall. Motion carried 5-0. Case #01-986 Property Address: Violations: Lyndia Matthews 516 NW 3rd Street Chapter 15, Article IX-15-120 (E) 2A; Please paint house to prevent paint from peeling. Inspector Webb stated the property was originally cited on May 1, 2001 through routine neighborhood inspection. Service was obtained by certified mail. The respondent was present but had to leave and requested 60 days. Motion Based on the testimony and evidence presented in Case No. 01-986, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Lyndia Matthews is in violation of Code Sections Chapter 15, Article IX- 15-120 (E) 2A 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 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. OLD BUSINESS LIEN PENALTY CERTIFICATIONS Case #00-2261 Anthony & Linda Giovinazzo 3260 Orange Street Mr. Blasie noted that the respondents missed the compliance date by 151 days, the violations were for the Community Appearance Code and gross. The respondents spent a great deal of time trying to get assistance from Community Development, but we not successful. By that time the water shortage occurred. The respondents put in a sprinkler system, which they were not required to do, and planted grass. Therefore staff recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-2261, Ms. Williams moved that this Board find, as a matter of fact, that the Respondents, Anthony and Linda Giovinazzo were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., subsequent to the date of compliance specified in this Board's Order of December 20, 2000. 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. Motion seconded by Mr. Walsh and unanimously carried. Case #00-1510 Veronica Motiram 1609 S. Congress Avenue Mr. Blasie stated the property was formerly a bank and is now a medical building, The new owners originally were going to use the old sign, but eventually removed it, which was not done within the time allowed. Staff recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-1510, Ms. Williams moved that this Board find, as a matter of fact, that the Respondents, Veronica Motiram was in violation of Code Sections PT3-LDR, Chapter 21-1, Section 4 and Section 12, subsequent to the date of compliance specified in this Board's Order of January 17, 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. Motion seconded by Mr. Walsh and unanimously carried. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Case #00-3423 Benjamin McCandiss 624 S. Seacrest Blvd. Staff recommends certifying the fine. Service was made by certified mail. The property complied on May 14, 2001 for 27 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 00-3423, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent Benjamin McCandiss was in violation of Code Sections SBC '97 Edition 104.1.1, 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 Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $675, plus administrative costs of $730.15, for a total fine of $1,405.15. Motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 00-3423, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent Benjamin McCandiss was in violation of Code Sections SBC '97 Edition 104.1.1, 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 Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $730.15 in administrative costs. Motion seconded by Mr. Walsh and unanimously carried. Case No. 00-1109 Phoenix Real Estate Inv. Group 907 N. Federal Hwy. Mr. Blasie said that a meeting was held today among himself, the owner of the property and the City Manager. As a result of the meeting, the Board is being requested to table this case until the July meeting. Mr. Bressner would like the opportunity to review some papers that the respondent will be furnishing him. Chairman DeLiso noted that the owner was to bring proof to tonight's meeting to show that he would be getting refinancing. Mr. Blasie stated as of today, the respondent has not received refinancing. Chairman DeLiso felt that the fine should be certified since the respondent was given a great amount of time to get assistance and has not done so. Mr. Blasie stated that the respondent was not present tonight because he told him that he would be asking the Board to table the case. Mr, Foot felt that since the City Manager requested that the case be tabled, he would like to move to table the case until the July meeting. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Motion Mr. Foot moved that case No. 00-1109 be tabled until the Code Compliance Board Meeting to be held on July 18, 2001. Motion died for laCk of a second. Mr. Blasie discussed what took place at the meeting with the City Manager and why the recommendation for tabling was being made. Motion Mr. Miriana moved that Case No. 00-1109 be tabled until the Code Compliance Board Meeting to be held on July 18, 2001. Motion seconded by Mr. Walsh and carried 4-1. (Chairman DeLiso dissenting.) Case No. 00-1164 Phoenix Real Estate Inv. Group 817 N. Federal Hwy. Motion Mr. Foot moved that Case No. 00-1164 be tabled until the Code Compliance Board Meeting to be held on July 18, 2001. Motion seconded by Mr. Walsh and carried 4-1. (Chairman DeLiso dissenting.) Case No. 01-394 Michael & Cher Rentoumis 2200 Lake Drive Delray BeaCh, FL 33444 3895 S. Lake Drive Mr. Blasie stated the respondents missed the compliance date by 15 days. They furnished Mr. Blasie with a letter stating that due to the permitting process it took longer than anticipated. Staff recommends no fine. Motion Based on the testimony and evidence presented in Case No. 01-394, Ms. Williams moved that this Board find, as a matter of fact, that the Respondents, Michael and Cher Rentoumis were in violation of Code Sections SBC '97 Edition 104.6.1 and 104.7.2, 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 Respondents failed to comply with this Board's Order, and that this Board impose and certify no fine. Motion seconded by Mr. Walsh and unanimously carried. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Case No. 01-044 Barrie & Linda Mizerski 106 S. Atlantic Drive Mr. Blasie stated the property is not in compliance and staff recommends certifying the fine. Motion Based on the testimony and evidence presented in Case No. 01-044, and having considered the gravity of the violations, the actions taken by the Respondents, and any and ail previous violations committed by the Respondents, Mr. Foot moved that this Board find that Barrie and Linda Mizerski has violated this Board's prior Order of March 21, 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. Motion seconded by Mr. Walsh and unanimously carried. Case No. 01-307 Evelyn Velez 3220 E. Palm Drive Staff recommends certifying the fine. Motion Based on the testimony and evidence presented in Case No. 01-307, 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 Evelyn Velez 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 Respondents comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Case No. 00-2790 Boynton Industrial Park Assn. 1000 W. Industrial Ave. The property owner's attorney has requested a postponement until the July meeting. Staff has no objection to the postponement. Motion Ms. Williams moved that Case No. 00-2790 be tabled until the Code Compliance Board Meeting to be held on July 18, 2001. Motion seconded by Mr. Walsh and unanimously carried. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 Case No. 00-3421 Yves Hubert 725 N. Federal Hwy. Staff recommends certifying the fine. Service was obtained by certified mail. Mr. Foot asked what the status of the case was. Mr. Blasie responded that a lien has been filed on the property for the prior documented time that the respondent was doing work on the property without a license in the amount of $250. Staff has photographs of the hurricane hazards on the property and the property is in total disarray. Motion Based on the testimony and evidence presented in Case No. 00-3421, 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 Yves Hubert has violated this Board's prior Order of March 21, 2001, and this Board impose and certify a fine in the amount of $75.00 per day, plus administrative costs which shall continue to accrue until the Respondents comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Mr. Foot requested that the members' terms be changed from September to April to coincide with all the other Boards. D. FORECLOSURES Case No. 00-2065 Case No. 00-1415 Case No. 00-1459 Case No. 00-1644 Case No. 00-545 Case No. 00-3032 Case No. 00-2054 Case No. 00-2014 Case No. 00-1361 Case No. 00-1420 Case No. 00-2430 Case No. 00-2553 Case No. 00-2867 Linda & Raymond Torres Linda & Raymond Torres Linda & Raymond Torres Richard Marks Delian Antoine & Marie Premier Wanda Delgado & Domingo Esquivel Helen Hagen Walter Denahan Raymond & Linda Torres Raymond & Linda Torres James Mathis Estate Lucio & Maria Garcia Mobil Oil Corp. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2001 VII. ADJOURNMENT There being no further business, the meeting properly adjourned at 9:30 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) June 21 at 8:30 a.m. 31