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Minutes 05-16-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, MAY 16, 2001 AT 7:00 P.M. PRESENT Christopher DeLiso, Chairman Patti Hammer, Vice Chair Bob Foot James Miriana Enrico Rossi Sara Williams Dee Zibelli ABSENT Thomas Walsh Mike Cirullo, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Richard Lavendure Skip Lewis Vestiguerne Pierre Pete Roy Willie Webb I. CALLTO ORDER Chairman DeLiso called the meeting to order at 7:05 p.m. II. APPROVAL OF MINUTES OF APRIL 18, 2001 Motion Vice Chair Hammer moved to approve the minutes of the April 18, 2001 meeting and seconded by Mr. Miriana, which unanimously carried. Mr. Foot asked Mr. Blasie if he read and agreed with the minutes as submitted and Mr. Blasie responded that he did. III. APPROVAL OFTHE AGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda? Mr. Blasie stated there was the addition of Case No. 00-3421 and will be listed as Page 55A on the Agenda, as a fine certification. Mr. Blasie requested that the following cases be deleted from the Agenda: Page 2 (Case 01-755), Remuise and Debra Johnson (complied) Page 3 (Case 01-771), Annet Lee (removed) Page 4 (Case 00-2557), Michael Tillman (complied) Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 H. I. J. K. Page 5 (Case 00-2558), Michael Tillman (complied) Page 6 (Case 01-538), Libra Taylor (removed) Page 7 (Case No. 01-796), Kimberley Reed & Patrick O'Brien (removed) Page 8 (Case 01-009), Pearlie Wellington (complied) Page 11 (Case 01-699), Johnny Marcandy (removed) Page 19 (Case 01-423), Muller Family Partnership Ltd. (removed) Page 37 (Case 01-847) Derival & Mimose Orival (complied) Page 39 (Case 00-2944), Boynton Associates, Inc. (removed to next month's meeting) Motion Ms. Zibelli moved that the Agenda, as amended, be approved. Motion seconded by Mr. Miriana and unanimously carried. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that Mr. Blasie called the roll. Mr. Blasie requested that all persons who were present to please state "here" when their name is called. V. NEW BUSINESS Chairman DeLiso explained the plea system. When a person hears their name called you should take the podium and state their name and address. You can plead "no contest", which means that a violation does exist, but you need time to bring the property into compliance within a reasonable amount of time. Usually the Board grants the requested time for compliance. If the property does come into compliance within the time requested, you do not need to come back before the Board. If you do not feel that the violation exists on your property, you can plead "not guilty". In that event, the City will present their case and you will be given an opportunity to present your case. The Board would then determine if a violation does exist on the property. If the Board finds that a violation does exist, you will be given a time to bring the property into compliance. If no violation is determined, the case would be dismissed. The Recording Secretary administered the oath to all persons who would be testifying this evening. A. CASES TO BE HEARD CaSe No. 01-680: Property Address: Yves Desir & Marie Jeremie 2770 NE 5th Court 2 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Violations: Chapter 15, Article IX-15-120 (D) .lA; Please remove any construction material and wood fence in backyard. Inspector Guillaume stated the case was cited on March 26, 2001 through routine inspection of the neighborhood. Service was accomplished by certified mail and the respondent is present. Mr. Yves Desir, 2770 NE 5th Court, Boynton Beach took the podium and pled no contest. The respondent requested 20 days. Chairman DeLiso inquired what work was necessary to bring the property into compliance and Inspector Guillaume stated that there was fence and construction debris in the backyard. The respondent stated that he wanted to build the fence to keep people from crossing his property and he did obtain a permit last year. However, the people he hired to do the fence moved and he has now found another person to help put the fence up. Mr. Miriana inquired if the respondent would have to get another permit and was informed that a new permit would be needed. Inspector Guillaume stated that the City recommended 60 days and presented photos to the Board. Motion Based on the testimony and evidence presented in Case No. 01-680, Mr. Foot moved that this Board find, as matter of fact, and as a conclusion of law that Yves Desir and Marie Jeremie are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before July 16, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and carried 6-0. (Chairman DeLiso had left the dais.) Case No. 01-668: Property Address: Violations: Wayne R. Callarman 3235 E. Atlantic Drive Chapter 15, Article IX-15-120 (D) .lA; Please put your racecar on a trailer. Inspector Laverdure stated the case was cited on March 26, 2001 through routine inspection and service was accomplished by posting. The respondent is present. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Mr. Wayne R. Callarman, 3235 E. Atlantic Drive, Boynton Beach pled no contest and requested 60 days for compliance. He stated he needed this amount of time to come up with the money to purchase a trailer for the car. The City agreed to 60 days. Motion Based on the testimony and evidence presented in Case No. 01-668, Mr. Foot moved that this Board find, as matter of fact, and as a conclusion of law that Wayne R. Callarman is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) .lA 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 carried 7-0. Case No. 01-677: Property Address: Violations: Henry D. Roberson, Tr. 2590 NW 2nd Street Chapter 15, Article IX-15-120 (D) .lA and 10-2 B.B.C. of Ord.; Please remove the appliances and furniture in carport; also, mow and de-weed yard. The Recording Secretary administered the oath to Mr. Jafus Crawford, who was present on behalf of the respondent. Inspector Guillaume stated the case was cited on March 26, 2001 through routine inspection of the neighborhood and service was accomplished by certified mail. Mr. Jafus Crawford, 121 NE 16th Avenue Boynton Beach pled no contest and stated that the work has been completed. Motion Based on the testimony and evidence presented in Casa'No. 01-677, Mr. Foot moved that this Board find, as matter of fact, and as a conclusion of law that Henry D. Roberson, Tr. is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) .lA and 10-2 of the B.B,C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before June 3, 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 4 Meeting Minutes ' Code Compliance Board Boynton Beach, FL May 16, 2001 ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms, Williams and carried 7-0. Case No. 01-635: Property Address: Violations: David Esser 809 Sunset Road SBC '97 Edition 104.1.1; permit is required for storage shed in rear yard. Inspector Roy stated the property was originally cited on March 21,2001 through a complaint from a neighbor and service was accomplished by posting. Mr. David Esser, 809 Sunset Road, Boynton Beach pled no contest and requested 120 days in order to enclose his carport for storage. He intends to remove the shed from the property. The City agreed to '120 days. Motion Based on the testimony and evidence presented in Case No. 01-635, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that David Esser is in violation of Code Sections SBC '97 Edition 104.1.1 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. Motion seconded by Vice Chair Hammer and carried 7-0. Case No. 01-655: Property Address: Violations: Thomas G. Zamplus 110 SE 30th Avenue SBC '97 Edition 104.1.1; permit required to convert carport to garage; see copy of red tag dated February 20, 2001. Inspector Roy stated the case was originally cited on March 22, 2001 through a red tag from the Building Division and service was accomplished by certified mail. Mr. Thomas Zamplus, 110 SE 30th Avenue, Boynton Beach pled no .contest. The respondent stated that he had applied for a permit previously and had a problem. He stated that the carport was enclosed according to code and acknowledged that he needed to obtain a permit. Mr. Roy stated that the prior 5 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 permit was for a driveway extension and not for the carport enclosure. Inspector Roy acknowledged that the work is done and the respondent needs to 'have the property inspected after he obtains a permit. Motion Based on the testimony and evidence presented in Case No. 01-655, Vice Chair Hammer moved that this Board find, as matter of fact, and as a conclusion of law that Thomas G. Zamplus is in violation of Code Sections SBC '97 Edition 104.1.1 of the City Code of Ordinances. Vice Chair Hammer 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 carried 7-0. Case No. 01-656: Property Address: Violations: Chans Enterprises, Inc. 3010 S. Federal Highway SBC '97 Edition 104.1.1, SBC '97 ED 104.7.2; See copy of red tag dated January 26, 2001. Inspector Roy stated the case was originally cited on March 22, 2001 for permit and inspections required for a sign. Service was accomplished by certified mail and the respondent is present. Mr. Jim Chans, 3010 S: Federal Highway, Boynton Beach, Florida pled no contest. The respondent stated that their old sign on the roof rusted so they took it down. After he took the sign down, he asked a City inspector about putting up a new sign and was informed that he could put up a 4' x 8' temporary sign. In trying to get a temporary sign put up, he learned that the sign had to be 10' from the property line. The respondent had a temporary sign put up and thought that the person who put the sign up would obtain the necessary permits. The respondent later determined that the sign person never followed through with the application, but did put the sign up. Last week, the sign person completed all the paper work to put up another sign at a different location. Mr. Roy stated that the respondent did have a permit and it is currently in plan review and the comments can be picked up. Chairman DeLiso inquired if Inspector Roy thought that there would be a problem in getting the sign up and Inspector Roy did not feel that there would be a problem, but the respondent needed to pick up the comments. Mr. Chans stated that the inspectors were at his property today and informed him that any sign would have 6 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 to be set back 10' and in his case it would be placed behind the building and no one would see it. Mr. Chans said that the sign he removed had been on the roof over 40 years and Chairman DeLiso explained to him that the sign had been grandfathered in and once the old sign was removed any new sign would come under the new codes. Inspector Roy stated that the temporary sign would not be permitted as a permanent sign because it was too close to the sidewalk. Chairman DeLiso suggested that the respondent apply for a variance. Chairman DeLiso suggested that the respondent be given 60 days to pick up his comments and get a permit. If the respondent is unable to get a permit, the sign will have to come down. Motion Based on the testimony and evidence presented in Case No. 01-656, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Chans Enterprises, Inc. is in violation of Code Sections SBC '97 Edition 104.1.1 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 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 Vice Chair Hammer and carried 7-0. Case No. 01-876: Property Address: Violations: Chans Enterprises, Inc. 3010 S. Federal Highway 13-15 B.B.C. of Ord.; Exceeding the scope of your license; cease all nightclub activities to comply. Inspector Roy stated the case was originally cited on April 16, 2001 and was cited through neighborhood complaints. Service was accomplished by hand carry and the City is requesting a cease and desist order. Mr. Chans remained at the podium. The respondent said he was uncertain how to plead because he did not know what his occupational license covered. The respondent stated he is not running a nightclub. He has patrons who rent the room and use it for music and dancing. Inspector Roy said that alcohol is being served and the respondent stated that only soda and beer are served. Inspector Roy stated that this is not covered under their occupational license and the respondent cannot rent out the room. Mr. Chans stated that his liquor license requires that his dining room must be open to sell liquor, but he stated that no liquor was being sold. This has occurred Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 on several occasions according to the Police Department and the Code Inspectors. Mr. Chans stated that this practice would stop, but he requested he be allowed to honor the two wedding parties that have already been booked. He stated that the room is only being rented and the people renting the room bring their own food. Mr. Blasie stated that the respondent is licensed as a bar and restaurant. People in the neighborhood started to complain because there was noise coming from the building at 2:00 and 3:00 a.m. Mr. Blasie reported that people are paying money to get in and that some of the parties were being run by a Code Enforcement Inspector in Delray Beach and he charges people $20.00 at the door and sells beer and soda, while providing a band for dancing. Most of the activities don't occur until after 11:00 p.m. The City takes the position that they have gone beyond the scope of their license as a restaurant. Mr. Chans stated they have ceased this practice, but requested that he be allowed to hold the two remaining weddings for which he has reservations. Mr. Blasie stated he was aware of this and that the last wedding was in fact held last Saturday night. In order to protect the community, Mr. Blasie stated they were present tonight to obtain a cease and desist order to make sure this doesn't happen again. Mr. Chans said he had one more birthday party for this Friday night and stated it would be his last.; Mr. Blasie said they were present tonight to seek a cease and desist and if they are called back to the property, they would follow through with a fine certification. Motion Vice Chair Hammer made a motion finding that Chans Enterprises, Inc. has violated Section 13-15 of the B.B.C. of Ordinances and based on the nature of the violation, Vice Chair Hammer moved that a Cease and Desist Order beginning on May 16, 2001 be imposed with a fine in the amount of $100 per re- occurrence of the violation. Motion seconded by Mr. Miriana. Mr. Foot requested to amend the motion to permit the respondent to hold the birthday party on May 19th?. Vice Chair Hammer said she would not accept the amendment to her motion. Mr. Foot requested that someone second his motion to the amendment. Ms. Williams seconded Mr. Foot's amendment to the motion. Vice Chair Hammer further stated she did not wish to amend her motion because the party could continue well into the night and Code Compliance could be called out late into the night. 8 Meeting Minutes ' Code Compliance Board Boynton Beach, FL May 16, 2001 Chairman DeLiso called for a vote on the amendment to the motion. Motion carried 5-2 (Vice Chair Hammer and Mr. Miriana dissenting). Chairman DeLiso called for a vote on the original motion as amended. Motion carried 7-0. Case No. 00-1129: Property Address: Violations: Ora Lee Williams 141 NE 16th Court Chapter 15, Article IX-15-120 (D) 1.D; Please install grass in yard and swale areas. Inspector Roy stated the case was originally cited on May 4, 2000 through a neighborhood complaint and service was made by certified mail. Ms. Ora Lee Williams, 141 NE 16th Court, Boynton Beach pled no contest and requested 60 days. Motion Based on the testimony and evidence presented in Case No. 00-1129, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Ora Lee Williams is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1.D 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 Vice Chair Hammer and carried 7-0. Case No. 01-398: Property Address: Violations: Bernard & Magda Villard 317 NE 16th Avenue SBC '97 ED. 105.6; Permit #99-1415; Clear up "red tag" for air conditioning inspections on permit. Inspector Roy stated that the case was originally cited on February 27, 2001. Service was accomplished by certified mail. The respondents have a 1999 permit that is in Planning. The permit needs to be picked up and the necessary inspections have to be made. Ms. Magda Villard, 317 NE 16th Avenue, Boynton Beach pled no contest. 9 Meeting Minutes ~ Code Compliance Board Boynton Beach, FL May 16, 2001 Motion Based on the testimony and evidence presented in Case No. 01-398, Vice Chair Hammer moved that this Board find, as matter of fact, and as a conclusion of law that Bernard and Magda Villard are in violation of Code Sections SBC '97 ED 105~6 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before June 18, 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. Foot and carried 7-0. Case No. 00-3575: Property Address: Violations: Ellington & Shirline Beckles 310 NW 16th Court Chapter 15, Article IX-15-120 (D).IA, 120 (D) .lA; Please remove, repair and/or register al the motor vehicles on your property. Inspector Roy stated that the case was originally cited on January 3, 2001 through routine neighborhood inspection. Service was accomplished by certified mail and the respondent is present. Mr. Ellington Beckles, 310 NW 16th Court, Boynton Beach pled no contest. Mr. Beckles stated he never thought the vehicles were a problem because they were parked 150' in the backyard on a poured concrete slab. Mr. Beckles stated the white car is used in the course of his business and he kept it in very good condition. The other vehicle belongs to his son. He requested time to get the son's car insured and repaired. Mr. Foot said he was abstaining from discussion because Mr. Beckles is a client of his. Motion Based on the testimony and evidence presented in Case No. 00-3575, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Ellington and Shirline Beckles are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA and 120 (D) .lA of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before June 18, 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 10 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 compliance with this Order. Motion seconded by Ms. Zibelli and carried 6-0. (Mr. Foot abstaining) Case No. 01-608: Property Address: Violations: Joseph Amore 1745 Banyan Creek Court SBC '97 ED 104.1.1, 104.7.2 and SPC '94 ED Section 303.5; Please obtain proper permits and inspections for the outdoor water heater, hot tub and decking that has been installed; water heater needs to be installed per manufacturer's recommendations; see copy of red tag dated March 12, 2001. Inspector Lewis stated the property was originally cited on March 15, 2001 and the respondent is present tonight. Mr. Joseph Amore, 1745 Banyan Creek Court, Boynton Beach pled no contest. The respondent asked for 60 to 90 days. Motion Based on the testimony and evidence presented in Case No. 01-608, Mr. Miriana moved that this BOard find, as matter of fact, and as a conclusion of law that Joseph Amore is in violation of Code Sections SBC '97 ED. 104.1.1 and 104.7.2 and SPC '94 ED. Section 303.5 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. Motion seconded by Mr. Rossi and carried 7-0. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (tabled) Case #00-2542 Sol & Bella Heifetz 224 Carter Court Northbrook, IL 60062 2923 S. Federal Highway Inspector Roy stated the notice of violation was dated October 2, 2000 for violation of the Land Development Regulations and the case first came before the Board on December 20, 2000 and no one appeared. A compliance date of 11 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 January 15, 2001 was set or be fined $25.00 per day. The property complied on May 5, 2001 for 109 days of non-compliance. Inspector Roy reported that the respondents live outside Chicago and have been in phone contact with him several times and have shown concern about their property. They have had problems with the landscape people and the latest one hired brought the property into compliance. The City is recommending that no fine be imposed. The respondents are present tonight. Chairman DeLiso inquired what the property was and was informed it was a shopping plaza called Boynton Beach Plaza. The respondents assumed the podium and stated they are very concerned about their property and every time there is a problem they try to rectify it immediately. Their problem has been locating the right people to make the necessary repairs because they live out of town. Many times they have paid for repairs that were not done properly. Mr. Foot said that he is disappointed as a taxpayer that the City is not recommending any fine because the City has incurred expenses. Motion Based on the testimony and evidence presented in Case No. 00-2542, Ms. Williams moved that this Board find, as a matter of fact, that the Respondents, Sol and Bella Heifetz were in violation of Code Sections Pt. 3 LDR, Chapter 4, Section 11, Chapter 23, Article II.O and Chapter 7.5-11, Section 5.B, 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 or administrative costs. Motion seconded by Vice Chair Hammer. Motion carried 4- 3 (Messrs. Foot, Rossi and Ms. Zibelli dissenting). Case #00-1369 John and Betty Gensman 401 NW 8th Court Inspector Webb stated the notice of violation was dated May 31, 2000 for violation of the City's Community Appearance Code. The respondent did appear at the October 18, 2000 Code Compliance Board hearing. A compliance date of March 19, 2001 was set or be fined $25.00 per day. The property complied on May 11, 2001 for 52 days of non-compliance. The City recommends no fine. Inspector Webb informed the Board that the respondents laid 13 pallets of Florida sod at $110 per pallet. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Motion Based on the testimony and evidence presented in Case No. 00-1369, Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondents, John and BettY Gensman were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.E, subsequent to the date of compliance specified in this Board's Order of December 20, 2000. Vice Chair Hammer moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Williams and carried 4-3 (Messrs. Foot, Rossi and Ms. Zibelli dissenting). Case #00-3311 Billie Sanders 613 NW 2"d Street Inspector Webb stated the notice of violation was dated November 29, 2000 for violation of the Community Appearance Code. No one appeared at the January 17, 2001 Code Compliance Board Hearing. A compliance date of March 19, 2001 was set or be fined $25.00 per day. The property complied on May 11, 2001 for 52 days of non-compliance. The City recommends no fine because the respondent did put the sod down but then became sick. All the work has been done. Motion Based on the testimony and evidence presented in Case No. 00-3311, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, Billie Sanders was in violation of Code Sections Chapter 15, Article IX-15-120 (D) Inc. and (E) 2.A, 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 Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms, Zibelli and carried 7-0. Case #00-593 Clara Andrews 410 NW 15th Avenue Inspector Roy stated the notice of violation was March 23, 2000 for violation of the Community Appearance Code. The respondent did appear 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 and the City recommends tabling the case until the next meeting. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Motion Vice Chair Hammer moved that Case No. 00-593 be tabled until the Code Compliance Board Meeting to be held on June 20, 2001. Motion seconded by Ms. Williams and unanimously carried. C. LIEN REDUCTIONS Case #96-4976 Lawrence Parker 730 E. Boulevard Chatelaine Delray Beach, FL 33445 2191 NE lStLane Mr. Blasie stated the property was originally cited February 10, 1997 for violations of the Community Appearance Code. The case first came before the Board on April 16, 1997 and no one appeared. A compliance date of May 19, 1997 was set or be fined $25.00 per day. The property came into compliance on April 16, 2001 for 1,427 days of non-compliance or $35,675 plus administrative costs of $826.18. Mr. Blasie presented current photographs of the property to the Board to view. He did not have any before pictures. Mr. Blasie reported that when the property was originally cited the yard was completely dirt and there was no grass. Ms. Lilly Parker, 730 E. Boulevard Chatelaine, Delray Beach, Florida assumed the podium and pointed out that the property was in her late husband's name until his death. Up until that time, he took full care of this rental property and she was totally unaware of the lien and the fines. She stated the property was deeded to her after his death. After she took title, she received a letter from the City stating there was a viOlation on the property for trash and sod. When she went to the Code Compliance Office, she found out at that time that there was a prior lien on the property. She stated at that point she had sod placed on the property and did the entire yard and brought the property into compliance. She noted that it has been difficult to keep the sod green due to the draught. Vice Chair Hammer inquired when the respondent's husband died and was informed that he died on June 27, 2000. She did not learn of the violations until about six months later. Ms. Williams inquired if Ms. Parker had any other difficulties in getting the property into compliance and Ms. Parker stated that both her mother and husband died the same day and she just lost her father. It has taken her all this time to get everything in order. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Motion Based on the testimony and evidence presented in Case No. 96-4976, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 96-4976 by virtue of this Board's Order of June 18, 1997 be reduced to $826.18 for administrative costs. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Miriana and carried 7-0. Case #98-4112 Willie & Paula Knowles, Jr. 401 NW 16th Avenue Mr. Blasie stated the property was originally cited on December 2, 1998 for not having an alarm operating decal. The case came before the Board on February 17, 1999 and no one appeared. Service was made by certified mail and signed by the respondent. A compliance date of March 15, 1999 was set or be fined $25.00 per day. The property complied on February 27, 2001 for 715 days of non-compliance and a fine of $17,875 plus administrative costs of $730.15. Mr. Blasie pointed out that in order for the property to come into compliance, the respondent had to place grass in the yard and swale and clean up debris in the back yard. The driveway and fence on the property also had to be repaired and a substantial amount of work was performed to bring the property into compliance. Mr. Bert Knowles, stated he is the brother of Willie Knowles and is r~ow the current owner of the property. Chairman DeLiso asked the respondent why it took 715 days to bring the property into compliance. Mr. Knowles said that his brother got behind in payments and could not keep the property up. Since he took over the property from his brother, he brought the property into compliance and stated he also had medical problems, which resulted in his taking so long. Chairman DeLiso asked if the respondent was trying to sell or refinance and he stated he was not. Motion Based on the testimony and evidence presented in Case No. 98-4112, 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, Ms. Williams moved that this Board find that the fine instituted in Case No. 98-4112 by virtue of this Board's Order of May 19, 1999 be reduced to no fine. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Rossi. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Mr. Foot felt that even though the respondent had medical problems, the City should at least recoup its administrative costs and requested that the motion be amended to reflect this. Attorney Cirullo stated that in order to amend the motion, the Board must vote on a motion to amend the original motion. Ms. Williams did not wish to amend her motion. Motion Mr. Foot moved to amend the motion to make the fine $730.15, representing administrative costs. Motion seconded by Mr. Miriana. Two Board members had left the dais, but there were five members remaining to vote. The motion to vote on the amendment carried 3-2. (Vice Chair Hammer and Ms. Williams dissenting). Motion Based on the testimony and evidence presented in Case No. 98-4112, 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. 98-4112 by virtue of this Board's Order of May 19, 1999 be reduced to $730.15 for administrative costs. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Miriana. The Recording Secretary called the roll on the amended motion. The amended motion carried 3-2 (Vice Chair Hammer and Ms. Williams dissenting). Mr. Blasie explained that after the minutes are prepared, he is required by City Ordinance to forward the minutes to the City Commission. The Commission upon receipt of the minutes has seven (7) days to review and determine if they wish to reconsider any of the Board's decisions. Also, a respondent has the same option of requesting the Commission to hear the case. If the case is not contested, the respondent would then have to pay the fine, at which time the property lien would be released. Case No. 99-2110 Timothy Augsback 856 NW Anchor Drive Oak Harbor, WA 98277 127 SE 14th Avenue Mr. Blasie stated the property was originally cited on August 24, 1999 for not having an occupational license for rental property. The case first came before 16 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 the Board on NoVember 17, 1999 and no one appeared. A compliance date of January 17, 2000 was set or be fined $25.00 per day. The property complied on March 9, 2001 for 745 days of non-compliance or $10,400 in fines plus $730.15 in administrative costs. Mr. Foot noted there was an error in the number of days of non-compliance, which should be 416 days. However, the fine amount is correct. Ms. Joanne Augsback took the podium and stated that her son was killed and that she has breast cancer, which is why the property wasn't being cared for as soon as she could get to it. Since the citation, they have worked on it as much as possible. Ms. Augsback stated that Timothy Augsback, the owner of the property, was in Washington State caring for his deceased brother's family and was not able to attend to the property. Mr. Blasie reported that a great deal of work was done to bring the property into compliance and a great deal of money was involved. There is a prospective purchaser for the property. Mr. Foot felt that at least some fine should be assessed. The remainder of the members did not agree considering the death of the son and Mrs. Augsback's diagnosis of cancer. Motion Based on the testimony and evidence presented in Case No. 99-2110, 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, Ms. Williams moved that this Board find that the fine instituted in Case No. 99-2110 by virtue of this Board's Order of March 15, 1999 be reduced to no fine. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Vice Chair Hammer. Motion carried 6-t (Mr. Foot dissenting). Case #99-658 Jorge & Sylvia Hernandez 662 Mariners Way Boynton Beach, FL 33435 507 N. Federal Hwy Mr. Blasie stated the property was originally cited on April 5, 1999 for violation of the Community Appearance Code and Land Development Regulations pertaining to parking lots and landscaping. The case first came before the Board on August 18, 1999 and no one appeared. A compliance date of October 18, 1999 was set or be fined $25.00 per day. The property complied on May 7, 2001 for 566 days of non-compliance with a total fine of $14,150, plus $826.18 in administrative costs. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Mr. Blasie submitted four photographs of the property before it complied and two photos taken today. Chairman DeLiso inquired if the property was a business and the respondent replied it was Boynton Choice Meats. There was a fire at the property in 1998 and the respondent has been trying to restore the property since the fire. The respondent stated that he rebuilt the entire, building and brought the property into compliance. The respondent also pointed out that the City was repairing the storm pipe on NE 4th Avenue and this took over a year to fix. This prevented him from doing his parking lot, because his parking lot was being used as a road to get to Federal Highway. Also, Mr. Hernandez said that he never received two of the certified letters because they were signed for by the tenant who never gave them to him. He stated that anytime he had been notified of a violation, he immediately contacted the City. He stated he was not aware that his property had a lien because he thought he had time to comply once the storm pipe was repaired. Mr. Blasie confirmed that the respondent's property was disturbed because of the construction work occurring on Federal Highway and acknowledged that heavy equipment did use the roadway to cross the Highway. Mr. Foot felt that the work being performed On Federal Highway didn't last more than three to four months. Chairman DeLiso said that the photos show that the respondent has done an excellent job getting the property into compliance. Mr. Blasie also acknowledged that the respondent did a good job. Motion Based on the testimony and evidence presented in Case No. 99-658, 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. 98-658 by virtue of this Board's Order of December 15, 1999 be reduced to $826.18 for administrative costs. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Rossi. Motion failed 3-4 (Chairman DeLiso, Vice Chair Hammer, Ms. Williams and Ms. Zibelli dissenting). Motion Based on the testimony and evidence presented in Case No. 99-658, 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, Ms. Williams moved that this Board find that the fine instituted in Case No. 98-658 by virtue of this Board's Order of December 15, 1999 be reduced to no fine. This order is not final until the expiration of the time 18 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 of appeal expires under Ordinance 01-07. Hammer. Motion failed 3-4 (Messrs. Foot, dissenting). Motion seconded by Vice Chair Miriana, Rossi and Ms. Zibelli Motion Bas,ed on the testimony and evidence presented in Case No. 99-658, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Hammer moved that this Board find that the fine instituted in Case No. 98-658 by virtue of this Board's Order of December 15, 1999 be reduced to $200. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Miriana. Motion failed 3-4 (Chairman DeLiso, Messrs. Foot, Miriana, and Ms. Zibelli dissenting). Motion Based on the testimony and evidence presented in Case No. 99-658, 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. 98-658 by virtue of this Board's Order of December 15, 1999 be reduced to $400. 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 7-0. CASES TO BE HEARD Case No. 01-312: Property Address: Violations: Johnny L. & Linda A. Waters 1635 NE 3rd Street Chapter 15, Article IX-15-120 (D), Inc.; please remove all unregistered/inoperable motor vehicles; remove all trash and debris; stop dumping trash on neighbors swale; repair window; install grass in yard and swale. Inspector Roy stated the violation was discovered through routine inspection and service Was accomplished by hand carry and the respondent is present. The Recording Secretary administered the oath to Ms. Linda Waters, 1635 NE 3rd Street, Boynton Beach. The respondent pled no contest and said she needed time because they had financial problems and she is not currently working. She stated that a lot of work needs to be done on the property. Chairman DeLiso 19 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 inquired if the respondent would be eligible for assistance and Inspector Roy stated this was Inspector Melillo's case and he was not certain on this. The respondent said that she never applied to the City for assistance. After discussion, Chairman DeLiso suggested tabling the case to give the respondent an opportunity to apply for assistance from the City. Inspector Roy presented photos of the property to the members to view. Inspector Roy explained to the respondent that working on the cars in the yard is not allowed. Motion Mr. Foot moved that Case No. 01-312 be tabled until the Code Compliance Board Meeting to be held on June 20, 2001. Motion seconded by Vice Chair Hammer. Chairman DeLiso informed the respondent that she should remove the vehicles and the trash before coming back to the Board. LIEN PENALTY CERTIFICATIONS Case No. 00-1109 Phoenix Real Estate Inv. Group 907 N. Federal Hwy. Mr. Blasie stated that there were three orders on this case and the orders were based upon the length of time to correct the various violations. The first order has complied and was 8 days late in meeting compliance. Staff recommends no fine on this order. Mr. Blasie stated he met with the property owner this morning and verified that many of the violations in the second order have not been corrected and the property is not in compliance. The third order is also not in compliance. Mr. Blasie noted that he was informed that a charter school was considering going into the property. However, that is no longer the case. Mr. Blasie stated that he spoke with the respondent's architect, Mr. Steve Myott, who is working on plans; however, if he is not paid he is not sure how much more work he would be doing on behalf of the respondent, since the plans involved the charter school. Mr. Blasie stated that as far as the City is concerned there is nothing going into the property at this time. Chairman DeLiso inquired if there were any businesses on the property and Mr. Blasie stated nothing was open and the property is up for sale. The City tabled 20 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 the case for 60 days previously to allow the respondent to bring the property into compliance, which he has not. Mr. Foot suggested voting on the first case which has complied and made the folloWing motion: Motion Based on the testimony and evidence presented in Case No. 00-1109, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Phoenix Real Estate Investment Group was in violation of Code Sections 10-3 and Section 13-15 of the B.B.C., subsequent to the date of compliance specified in this Board's Order of August 16, 2001. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Williams and unanimously carried. The Recording Secretary administered the oath to Mr. Matthew Jacomino who took the podium and said he was in the process of refinancing the property and is only two to three weeks away from the closing. He stated that some of the violations have been corrected, but he has no money to do any more work. He requested the Board table the case to allow the refinancing to go through in order to make the remainder of the repairs. Further, the respondent stated that the City has turned down all tenants, including the charter school, and he did not know why the charter school was turned down. Chairman DeLiso asked the respondent why his business was closed and he stated the business failed. Chairman DeLiso asked why the respondent was seeking refinancing and the respondent said he didn't want to lose the property. He plans to redo the property into offices. Chairman DeLiso inquired if the respondent had proof that he would be receiving the loan and the respondent said he did; however, he did not have it on his person. Mr. Jacomino said he had someone helping him with the loan. The respondent stated he had an attorney working on his loan. Mr. Foot pointed out if the Board certified the lien, it might jeopardize the refinancing and suggested tabling the case. Mr. Miriana asked how many violations still existed and Mr. Blasie replied that most of the viOlatiOns involve getting permits and inspections. Mr. Blasie stated there were five permit related items, two utility related items and some minor fire code violations. Attorney Cirullo pointed out if the Board certified the fine, it would be recorded in the very near future and the Board should not assume that there might be a delay in the process. Also publicly certifying the fine would have to be disclosed 21 Meeting Minutes · Code Compliance Board Boynton Beach, FL May 16, 2001 to the entity that is doing the refinancing. After discussion members decided to table the case for an additional 30 days. Motion Mr. Foot moved that Case Nos.00-1109 and 00-1164 be tabled until the Code Compliance Board Meeting to be held on June 20, 2001. Motion seconded by Mr. Miriana, which unanimously carried. · Mr. Foot asked if there was a way to separate the cases that had the same number since one was certifying no fine and this motion tables the remaining cases. Mr. Blasie suggested distinguishing the orders by stating the compliance dates of the violations. Attorney Cirullo noted that there were three orders under one case number and pointed out that the order that was in compliance, the Board certified no fine. The two cases that continue to be in violation the Board moved to table until the June 20th meeting. This is the action that the Board took in that th case number and on June 20 only those two outstanding orders will be considered. Case #01-126 Belmont at Boynton Beach, Inc. 7025 Beracasa Way #107 Boca Raton, FL 33433 1 Belmont Place Inspector Lewis stated the notice of Violation date was January 24, 2001 for violation of sign permit required. No one appeared at the Code Compliance Board Hearing on March 21,2001. A compliance date of April 5, 2001 was set or be fined $25.00 per day. The property has not yet complied. The respondent is present tonight and requested that the case be tabled. Chairman DeLiso inquired where Belmont Place is located and Inspector Lewis stated they were apartments on Woolbright that has a non-permitted sign that sits on the right-Of-way. The owner has agreed to remove the sign from the right'of-way and has made application for a sign. The City recommends 60 days. Motion Mr. Miriana moved that Case No. 01-126 be tabled un[il the Code Compliance Board Meeting to be held on July 18, 2001. Motion seconded by Ms. Williams and unanimously carried. The meeting recessed at 9:35 p.m. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 The meeting reconvened at 9:45 p.m. CASES TO BE HEARD Case #00-2880 Property Address: Description: Michael & Jonathan Bornstein 724 N. Federal Highway PT3-LDR, Chapter 23-Article II.O; See Memorandum of C.E.R.T. Inspection of Marshall Souther, Senior Building Inspector dated October 13, 2000 and memorandum of C.E.R.T. Inspection of Jos6 R. Alfaro, Planner. Inspector Webb stated the property was originally cited on October 13, 2000 and service was obtained by posting. The violations still exist which Mr. Webb read into the record. The City recommends 30 days. Mr. Foot inquired what the property was being used for and Inspector Webb stated it was called A & B Auto, which is a car lot. Motion Based on the testimony and evidence presented in Case No. 00-2880, Mr. Foot moved that this Board find, as matter of fact, and as a conclusion of law that Michael and Jonathan Bornstein are in violation of Code Sections PT3, LDR, Chapter 23, Article II. O. of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before June 18, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and unanimously carried. Case #01-307 Property Address: Description: Evelyn A. Velez 3220 E. Palm Drive Chapter 15, Article IX-15-15-120 (D) .lA; Please remove all inoperable vehicles from property or register all operable vehicles. Inspector Laverdure stated the case was originally cited on February 9, 2001 through routine neighborhood inspection. Service was obtained by posting and the City recommends 10 days. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Motion Based on the testimony and evidence presented in Case No. 01-307, Mr. Miriana moved that this Board find, as matter of fact, and as a conclusion of law that Evelyn A. Velez is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before May 29, 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 #01-665 Property Address: Description: Michael Bluestein 3140 E. Atlantic Dr. Section 10-2 B.B.C. of Ord; Please mow and de-weed your yard and remove all trash and debris. Inspector Laverdure stated the case was originally cited on March 26, 2001 through routine inspection. Service was obtained by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 01-665, Mr. Foot moved that this Board find, as matter of fact, and as a conclusion of law that Michael Bluestein is in violation of Code Sections 10-2 of the B.B.C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before May 29, 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 #01-669 Property Address: Description: Richard G. Head 119 Arthur Court Chapter 15,, Article IX-15-120 {D) .lA and 10-2 B.B.C. of Ord.; please mow and de-weed your yard and remove all trash and debris and storage from carport area. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Inspector Laverdure Stated the case was cited on March 26, 2001 through routine inspection. Service was accomplished by certified mail and the City recommends 30 days. Ms. Williams inquired what the trash and debris was and Inspector Laverdure stated there are cider blocks, appliances, furniture and trash under the carport and in the front yard. He presented photos to the Board to view. Motion Based on the testimony and evidence presented in Case No. 01-669, Mr. Foot moved that this Board find, as matter of fact, and as a conclusion of law that Richard G. Head is in violation of Code Sections Chapter 15, Article IX-15'120 (D) .lA and 10-2 of the B.B.C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before June 18, 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 #01-671 Property Address: Description: Gertrude J. Baptiste-Belzaire 618 NE 2"d Street Chapter 15, Article IX-15-120 (D), Inc., 120 (E) 2.C, Section 13-16 and 15-16 B.B.C. of Ord.; an occupational license is required for rental property; street numbers are required; please remove all debris from in back and front of property; replace all broken windows and screens. Inspector Laverdure stated the case was originally cited on March 26, 2001 through routine inspection. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-671, Mr. Miriana moved that this Board find, as matter of fact, and as a conclusion of law that Gertrude J. Baptiste-Belzaire is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., 120 (E) 2.C, Section 13-16 and 15-16 B.B.C. of Ordinances.' Mr. Miriana moved to order that the Respondent correct the violations on or before June 18, 2001. If the Respondent does not comply with this Order, a fine 25 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 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 #01-852 ProPerty Address: Description: Frederick S. Ross 151 S. Atlantic Dr. Chapter 15, Article IX-15-120 (D) .lA; Please register all unregistered vehicles on your property or remove them. Inspector Laverdure stated the case was originally cited on April 11, 2001 through routine inspection. Service was obtained by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 01-852 Mr. Foot moved that this Board find, as 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) .lA of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before May 29, 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 #01-198 Property Address: Description: Bathol Saintley 179 SE 27th Place SBC '97 ED Section 107, Section 105.7 and Section 105.8; See copy of Red Tag dated January 11, 2001. Inspector Roy stated that the case was originally cited on January 30, 2001. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-198, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Bathol Saintely is in violation of Code Sections SBC '97 Ed. Section 107, Section 105.7 and Section 105.8 of the City Code of Ordinances. Ms. Williams 26 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 moved to order that the Respondent correct the violations on or before June 18, 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 re!nspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #00-2779 Property Address: Description: BMVFL-1 Inc. 1801 NE 4th Street SBC '97 ED Section 104.1.1, Section 105.6; See copy of Red Tag dated September 27, 2000. Inspector Roy stated the case was originally cited on October 17, 2000. Service was accomplished by certified mail and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 00-2779, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that BMVFL-1 Inc. is in violation of Code Sections SBC '97 ED 104.1.1 and Section 105.6 of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before June 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. Midana and unanimously carried. Case #01-466 Property Address: Description: Nathaniel & Virginia Sandy 2141 NE 1st Way SBC '97 ED Section 105.6; C~ear up Red Tag for permit #97-3227; you're A/C compressor must be secured to pad. Inspector Roy stated the case was originally cited on March 2, 2001. Service was accomplished by certified mail and the City requests 15 days. Motion Based on the testimony and evidence presented in Case No. 01-466, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Nathaniel and Virginia Sandy are in violation of Code Sections SBC '97 ED 105.6 of the City Code of Ordinances. Ms. Williams moved to order that the 27 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Respondents correct the violations on or before June 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 #01-503 Property Address: Description: Raymond and Linda M. Torres 1330 NW 1st Court Chapter 15, Article IX-15-120 (D), Inc.; Please redefine your driveway apron; remove all loose trash and debris; install grass in yard and swale. Inspector Roy stated the case was originally cited on March 6, 2001 through routine neighborhood inspection. Service was accomplished by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-503, Mr. Miriana moved that this Board find, as matter of fact, and as a conclusion of law that Raymond and Linda M. Torres are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violations on or before June 18, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi and unanimously carried. Case #00-2456 Property Address: Description: Chase Mortgage Company 238 SW 5th Avenue Chapter 15, Article IX-15-120 (E) 2A,, (D) 1, Inc. and PT3-LDR, Chapter 20- VIII, Section ~.G; Please mow and trim overgrowth on the property; remove all trash and debris; house needs garage door, windows and gutters repaired; house needs to be painted and needs to remain secured; sod needed in dead areas of the lawn. 28 Meeting Minutes · Code Compliance Board Boynton Beach, FL May 16, 2001 Inspector Lewis stated the case was originally cited on September 9, 2000. The City recommends 30 days. Mr. Foot inquired if the building was secure and Inspector Lewis stated that it was, but has been an eyesore for a long time. Motion Based on the testimony and evidence presented in Case No. 00-2456, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Chase Mortgage Company is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A and (D) 1, Inc. and PT3~LDR, Chapter 20-VIII, Section 1.G of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before June 18, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi and unanimously carried. Case #00-3203 Property Address: Description: Paul D. & Cynthia L. Gribenas 443 SW 7th Court Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1, Inc.; Please mow, de- weed and trim overgrown property; sod needs to be installed in dead areas of the front yard; wood fence to be repaired or replaced (permit may be required); asphalt swale area needs to be re-surfaced and weeds removed; all outdoor materials need to be removed. Inspector Lewis stated the case was originally cited on November 9, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-3203, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Paul D. and Cynthia L. Gribenas are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2 and 120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before June 18, 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 29 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 compliance with this Order. Motion seconded by Mr., Foot and unanimously carried. CaSe #01-396 Property Address: Description: Home Depot U.S.A., Inc. 1520 SW 8th Street SBC '97 ED 104.1.1; Permit required for roof top satellite dish; See copy of Red Tag dated January 3, 2001. Inspector Lewis stated the case was originally cited on February 26, 2001. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-396, Mr. Miriana moved that this Board find, as matter of fact, and as a conclusion of law that Home Depot U.S.A., Inc. is in violation of Code Sections SBC '97 ED 104.1.1 of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before June 18, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi and unanimously carried. Case #01-632 Property Address: Description: Mark Larochelle 760 E. Ocean Avenue #202 SBC '97 ED 104.1.1; Please secure proper permits with the Building Department for the new whirlpool spa that has been installed in Unit 202-N (building-electrical-mechanical). Inspector Lewis stated the case was cited March 20, 2001. The respondent has made application for approval and the City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 01-632, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Mark Larochelle is in violation of Code Sections SBC '97 ED 104.1.1 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 3O Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 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. Midana and unanimously carried. Case #01-778 Property Address: Description: Carrie S. Long and Gary Garramore 1311 S. Seacrest Blvd. Section 13-16 B.B.C. of Ord.; Please call for rental inspection; license requires code inspection. Inspector Lewis stated the property was originally cited on April 3, 2001. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-778, Mr. Miriana moved that this Board find, as matter of fact, and as a conclusion of taw that Carrie S. Long and Gary Garramore are in violation of Code Sections 13-16 of the B.B.C. of Ordinances. Mr. Miriana moved to order that the Respondents correct the violations on or before June 18, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and unanimously carried. Case #00-697 Property Address: Description: Michelle L. Letherbarrow 1319 NW 7th Street Chapter 15, Article IX-15-120 (D) 1, Inc. and 120 (E) 2C; De-weed yard and install sod; remove weeds from rock swale; repair soffit screens; remove unused paving stones and water pipe. Inspector Webb stated that the property was originally cited on March 29, 2000 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-697, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Michelle L. Letherbarrow is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 120 (E) 2C of the City Code of Ordinances. Ms. 31 Meeting Minutes ~ Code Compliance Board Boynton Beach, FL May 16, 2001 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. Miriana and unanimously carried. Case #01-236 Property Address: Description: Peter and Patricia A. Silins 622 NW 7th Street Article XVIII, Section 3; Permit #99- 1757 and SBC '97 ED 104.61; final is not approved due to lack of approved barrier; see copy of Red Tag dated June 26, 2000 and February 1, 2001. Inspector Webb stated the case was originally cited on February 2, 2001 through a Red Tag from the Building Department. Service was obtained by posting and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-236, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Peter and Patricia A. Silins are in violation of Code Sections Article XVIII, Section 3 and SBC ,97 ED 104.6.1 of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before June 18, 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. Foot and unanimously carried. Case #01-451 Property Address: Description: Jacqueline M. Batcha 741 NW 10th Court SBC '97 ED 104.1.1, SBC '97 ED 105.6 AND SBC '97 ED 104.6.1 AND 104.7.2; Permit needed for work done in rear property; see copy of Red Tag dated February 27, 2001. Inspector Webb stated the case was originally cited on March 1, 2001. Service was obtained by posting and staff recommends 10 days. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Motion Based on the testimony and evidence presented in Case No. 01-451, Mr. Foot moved that this Board find, as matter of fact, and as a conclusion of law that Jacqueline M. Batcha is in violation of Code Sections SBC '97 ED 104.1.1, 105.6, 104.6.1., SBC '97 ED 104.6.1 and SBC '97 ED 104.7.2 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before June 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. Ms, Williams pointed out that ten days for compliance would be May 29, 2001. Mr. Foot requested that his motion be reconsidered and the compliance date be changed to May 29, 2001. Motion seconded by Ms. Williams and unanimously carried. Case #01-471 Property Address: Description' Annie E. and Al Matthews, Jr. 1262 Gondola Court SBC '97 ED 104.1.1 and 104.6.1; Permit #99-2643; permit to be picked up and have final inspection; see copy of Red Tag dated February 26, 2001. Inspector Webb stated the case was originally cited on March 2, 2001. Service was obtained by hand carry and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-471, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Annie E. and Al Matthews, Jr. are in violation of Code Sections SBC '97 ED 104.1.1 and 104,6.1 of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before June 18, 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. Foot and unanimously carried. Case #01-517 Property Address: William and Leonard Albury 120 NE 8th Avenue 33 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Description: Chapter 15, Article IX-15-120 (D), Inc.; remove all trash and debris; replace driveway with concrete or asphalt; remove all unlicensed and inoperable vehicles from property. Inspector Webb stated the case was cited on March 6, 2001 through routine neighborhood inspection. Service was obtained by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-517, Mr. Miriana moved that this Board find, as matter of fact, and as a conclusion of law that William and Leonard Albury are in violation of Code Sections Chapter 15, Article 1×-15-120 (D), Inc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violations on or before June 18, 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. Foot and unanimously carried. Case #01-518 Property Address: Description: Rosetta J. Dean 345 NE 9th Avenue Chapter 15, Article IX-15-120 (D), Inc.; Please remove all unlicensed and inoperable vehicles, tractor, boats, and all loose trash and debris. Inspector Webb stated the case was originally cited on March 6, 2001 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-518, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Rosetta J. Dean is in violation of Code Sections 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 June 18, 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 34 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-591 Property Address: Description: Josephus McDonald 556 NW 10th Avenue Chapter 15, Article IX-15-120 (D), Inc. and Section 15-16 B.B.C. of Ord.; Please remove open storage items from yard, front and rear; place number on building. Inspector Webb stated the case was cited on March 15, 2001 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 01-591, Mr. Foot moved that this Board find, as matter of fact, and as a conclusion of law that Josephus McDonald is in violation of Code Sections Chapter 15, Article IX-15- 120 (D)Inc. and Section 15-16 of the B.B.C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before June 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 Ms. Williams and unanimously carried. Case #01-604 Property Address: Description: Katrina L. Stewart 119 NW 3rd Avenue Chapter 15, Article IX-15-120 ([:)), Inc.; Storage of unlicensed and inoperable vehicles on residential property is not allowed. Inspector Webb stated the case was originally cited on March 15, 2001 through routine neighborhood inspection. The City recommends 10 days. Motion. Based on the testimony and evidence presented in Case No. 01-604, Ms. Williams moved that this Board find, as matter of fact, and as a conclusion of law that Katrina L. Stewart is in violation of Code Sections 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 May 29, 2001. If the 35 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Williams and unanimously carried. VII. OLD BUSINESS LIEN PENALTY CERTIFICATIONS Attorney Cirullo pointed out that the lien penalty certifications would be handled in a different manner. The one case on which the Board received a letter must be treated as if they were present. Attorney Cirullo informed the Board that when the Board certifies a lien it is done at the request of the Code Enforcement Officer, who would not make the request if there was not a lack of compliance or there was compliance after the date. The Statutes require that hearings be held on the violations. The Statutes do not require hearings on a certification because by the Code Enforcement Officer asking the Board for certification of fine, the respondent has already been asked to comply and if they do not comply, a fine would be assessed. Those persons who were notified and appeared tonight for certification of fines would have their cases heard individually, as was done tonight. Those persons who were notified, but did not appear, the City has the right to ask for certification for all those cases by listing their case numbers and stating that none of those cases are in compliance as of the date set by this Board's order. Also, by asking for certification, the Board is being informed that those persons have been properly noticed. This can be done by one motion after all the cases have been listed. If the motion passes, all cases are certified. The Clerk can then prepare the orders and have each order executed. If there is a particular case that staff would like to discuss, it could be pulled after the motion has been made and seconded, but before it is voted upon. Any and all cases that staff wishes to be tabled can be voted upon at one time as well by simply listing the case numbers and then making one motion to table all cases. Board members agreed to utilize this new method for certifying liens. Mr. Blasie said that he does have some cases that may have to be pulled and those would be addressed accordingly. The cases to be tabled will be considered first. Page 47 (Case No. 00-2056), City National Bank of FI, Tr. - Staff recommends tabling this case for two (2) months. 36 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Motion Mr. Foot moved that Case No. 00-2056 be tabled until the Code Compliance Board Meeting to be held on July 18, 2001. Motion seconded by Ms. Williams and unanimously carried. The following cases should be tabled until the June Code Compliance Board Meeting: Page 54 (Case 99-704), Charles & Fred Rahming Page 68 (Case 00-3423), Benjamin McCandiss Motion Mr. Miriana moved to table the above cases until the Code Compliance Board Meeting to be held on June 20, 2001. Motion seconded by Mr. Foot and unanimously carried. The following case should also be tabled until the June Code Compliance Board Meeting: Page 56 (00-2169), Juan Portalatin Motion Mr. Miriana moved to table Case No. 00-2169 until the Code Compliance Board Meeting to be held on June 20, 2001. Motion seconded by Mr. Rossi and unanimously carried. Mr. Blasie stated that this case needs to be heard separately. Case #99-2642 Yves Hubert 728 W. Camino Real Boca Raton, FL 33486 725 N. Federal Hwy. Mr. Blasie presented two documents into evidence. One document is an estimate for work to be done, which is the City's Exhibit A. The second document is a letter from Lawrence Chandler, Esquire to be marked Exhibit B. The City recommends certifying a fine since the order was a cease and desist order. This constitutes one occurrence, which is $250.00. Attorney Cirullo distributed the exhibits to the Board to consider in certifying the fine. The letter asserts that the Board should not consider the matter due to the litigation between Mr. Hubert and the City. It is the opinion of the City Attorney that this Board can proceed with certification at this time. Mr. Blasie requested 37 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 that the Board certify a fine for the one occurrence that has been documented, which was the repair of a starter in an automobile for a fine of $250.00. Motion Mr. Miriana moved to certify the fine. unanimously carried. Motion seconded by Mr. Rossi and Mr. Blasie pointed out that a case had been added during approval of the agenda, Page 55A (Case #00-3421), Yves Hubert. Staff would like to withdraw this case because the respondent was not served with a notice for tonight's meeting. The case will be brought back to the June meeting. Motion Mr. Miriana moved to approve the withdrawal of Case #00-3421, which was duly seconded and unanimously carried. The following fines are being recommended for certification, all of which are $25.00 per day fines. Mr. Blasie attested that all persons were notified to attend tonight's hearing: 1. Page 148 (Case 2. Page i58 (Case 3. Page i59 (Case 4. Page i60 (Case 5. Page 161 (Case 6. Page !62 (Case 7. Page i63 (Case 8. Page 164 (Case 9. Page 65 (Case 10. Page 66 (Case 11. Page!71 (Case No. 00-1162), Jeanne Loudin No. 00-3558), Josephine & Willie Moody, Jr. No. 01-002), Jennie Daniels No. 01-006), Florida PJ Group, Inc. No. 01-176), Florida PJ Group, Inc. No. 01-216), Leopold & Dalicia Bertrand No. 00-1889), Juvernal & Myrna Suarez No. 00-2128), Boynton West Condo Association, Inc. No. 00-2129), Boynton West Condo Association, Inc. No. 01-133), Raymond Torres No. 01-109), Lucio and Maria Garcia Motion Ms. Williams moved to certify the above cases. Motion seconded by Mr. Miriana and unanimously carried. Page 72 (Case Ne. 01-341), Lucio and Maria Garcia, staff recommends certifying the fine in this calse as specified by the Board's order in the amount of $50.00. Mr. Blasie stated ~hat the respondents were properly noticed. 38 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 Motion Mr. Miriana moved to certify Case No. 01-341. Motion seconded by Ms. Williams and unanimously carried. Page 73 (Case NO. 00-3455), Thomas Connell, staff recOmmends certifying the fine in this case as specified by the Board's order in the amount of $75.00 per day. Mr. Blasie stated that the respondent was properly noticed.. Motion Ms. Williams moved to certify Case No. 00-3455. Motion seconded by Mr. Miriana and unanimously carried. Mr. Foot inquired about the case listed on Page 67 (Case No. 00-2326), BobKatz Properties, Inc. Mr. Blasie stated this case came into compliance and staff recommends no fine. Motion Mr. Miriana moved that no fine be assessed in Case No.00-3455. Motion seconded by Ms. Williams and unanimously carried. Page 70, (Case No. 00-2877), W.J. & Helen Millines, has not complied and they were properly notice. This case should have been included with the list of $25.00 per day fines that were previously certified. There were two orders in this case and neither case has complied. Motion Ms. Williams moved to certify Case No. 00-2877. Motion seconded by Mr. Miriana and unanimously carried. D. FORECLOSURES Case No, 00-2379 Thomas Joseph & Fritz Germinor Motion Mr. Foot moved that the above case listed on tonight's Agenda be forwarded to the City Attorney's Office for foreclosure. Motion seconded by Mr. Miriana and unanimously carried. 39 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2001 VIII. ADJOURNMENT There being no further business, the meeting properly adjourned at 10:25 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (3 tapes) 4O Scott Blasie City of Boynton Beach Boynton Beach, Florida Date: May 8t~, 2001 CASE:# 99-2642 Re: 725 N. Federal Highway lilt I 5 C E ENFORCEM T Mr. Blasie: Somehow you letter of April 25th, 2001, came to my attention. I object on the grounds that there is improper service of process, improper notice, improper protocol, and designation of the wrong Board. Additionally, the Affidavit is insufficient. As you know, I have Iow regard for the Board that this is being called in from of, and I have the transcript showing it is the wrong Board and that they assess maximum fines without hearing evidence, without allowing mitigating circumstances, without permitting Due Process, and all the while admitting on the Record that they don't have time to hear the matter before them. And all this occurred after the request for continuance for the regular attorney's vacation was denied--as though some emergency existed after 4 ½ years. As you recall, the last time I appeared (with a Court Reporter) the location was announced outside as being in the Galaxy Middle School, yet after a 30 minute search, myself and a number of other citizens--now traveling almost in a caravan, found your committee meeting upstairs in a corner room in the westernmost corner of what seemed to be the Planning and Zoning building. Without notice, Mr. Hubert's matter had been removed from the agenda even though Mr. Igwe's response to the bankruptcy petition indicated to lawyer Steven Busch that the hearing was not cancelled. This case is in Circuit Court and it's going to stay there until the newspapers and the Judge get an opportunity to see for themselves what Boynton Beach is once again doing to its citizens. No wonder everyone calls us "Buttus Raton." Sincerely, _ ~-~r,?-/--------.,~//"~ - Lawrence-U?L. Chandler P.O. Box 648 Boynton Beach, Fl. 33425 Seq: 3878 Tray: 0001 Palm Beach County State Attorney Bad CheCk Restitution Program 6901 OkeechObee BIvd Ste D5 PMB 171 WeSt Palm Beach FL 33411 OFFICIAL NOTICE Barry E, Krischer State Attorney A CRIMINAL COMPLAINT has been received by this office alleging a violation of Chapter 832 of Florida Statutes, Issuing a Worthless Check. We are now processing this complaint for criminal prosecution. The State Attorney will agree to WAIVE prosecution of the complaint if you attend a special educational Class AND pay the total balance due WITHIN 30 DAYS FROM THE DATE OF THIS NOTICE! I,,Ih,,Ih,h,l,,Ih,hl,,,hlh,h,,Ih,,,ll,,,ll,hh,,hll JOYCE SHEPPARD 615 NE 15TH PL BOYNTON BEACH FL 33435-2831 Date of NOtice: 05/07/01 Case #: WPB 113218-04 CHECK RETURNED STATUTORY TOTAL VICTIM CASE# CHECK# AMOUNT ITEM FEE FEE THIS CHECK YVES HUBERT 113218 421 $212.00 $30.00 $30~00 $272.00 Program Fee: $85. oo TOTAL BALANCE DUE: $357.00 NOTE: A $25.00 Fee will be assessed if the balance is not PAID IN FULL within thirty (30) days from the date of this notice! To avoid having a felony warrant issued for your arrest or a summons issued for you to appear in misdemeanor court, we recommend you enroll in the State Attorney's Bad Check Restitution Program. FAILURE TO RESPOND TO THIS REQUEST MAY RESULT IN THE FILING OF CRIMINAL CHARGES AGAINST YOU. Crimes committed in violation of Chapter 832 are punishable by up to five years in prison and/or a fine of up to $5,000. Agreement to participate in the Program is NOT an admission of guilt. Successful completion of the class and payment of all fees allows the State Attorney to discharge this complaint. No court appearance will be necessary, and NO criminal record will result. Do not attempt to contact the business/victim that filed this complaint. This matter can ONLY be cleared through this office. CALL (800) 723-2845 IMMEDIATELY TO ACKNOWLEDGE THIS NOTICE! (Return o u : Name: JOYCE SHEPPARD New Address: Mail payments by MONEY ORDER or CASHIER'S CHECK ONLY! NO PERSONAL CHECKS will be accepted. Make payments paYable to: Palm Beach County State AttOrney 6~901 Okeechobee Blvd Ste D5 PMB 171 West Palm Beach FL 33411 Telephone #: Social Security #: Drivers License #: NO PERSONAL CHECKS will be accepted. Continued Sea: 3878 Tray: 0001 Palm Beach County State Attorney Bad Check Restitution Program 6901 Okeechobee Bird Ste D5 PMB 171 West Palm Beach FL 33411 OFFICIAL NOTICE Barry E. Krischer State Attorney JOYCE SHEPPARD 615 NE 15TH PL BOYNTON BEACH FL 33435-2831 Date of Notice: 05/07/01 Page: 2 To participate in the Bad Check Restitution Program, you are required to attend the State Attorney's Check Writer Education Class "Checks and Balances" within 30 days from the date of this notice! To schedule for the next available class, please call (800) 723-2845. The class site is located at: Palm Beach Atlantic College 901 South Fiagler Drive West Palm Beach, Florida 33416-4708 Rinker Residence Hall 1305, 1307 Class sites are also available in Dade and Lee CountieS Classes are available on Saturdays, 8:00 am - 5:00 pm. (Class locations are subject to change) PAYMENTS ACCEPTED BY MONEY ORDER OR CASHIER'S CHECK ONLY! . AUTO & I::IOAT I.;ENTER. INC. ~ ~.- 72-, ~. Federal Hwy.* BoyntoryBeach., (561) 771-0~o. ~-"~" "~" ~-' "~'~ Q7 . .. ' ;~ .x~...~.,..~"~-~ ~-'~-~ ~ _ , , Description ~ , ~ ~Amou~t''~ ~ ,' ~ _ · ~, -, /Hm ~ / ~ ~'.:7~ /Z~- ~. ~ ~0 . · · ~ ~ ~ ,.,.~, . ~ ~ ~ ~ · z z ~ 0 , Zo / . . ,, · ,,, . _ · ! I HEREBY AU~ORIZE ~e repair work herein~er *et fo~ 1~ ~ {one ~long wi~ ~ ~' ~ t~ . ' n~essa~ martial and agr~ that you are not res~nsible for loss or damage to TOTAL LABOR vehicle, ~at or aracles le~ ~erein, in ~se of fire, ~eff or any o~er cause beyo~ your conEol or for any delays ~u~d ~ unavailabili~ of p~ or delays In pa~s shipmate by ~e supplier or .~nspo.er. I hereby g~nt you an~or your employ.s TOTAL PARTS ~rmission to'o~rate ~e v~icle or ~at herein descfi~ on streets, hig~ays, ~te~ays or els~re for ~e pu~pe of testing a~or i~ction. I ~ve r~d ~e~ ,=.t ~.~ ~=~ of ni..,~.=..t =.~.c=.pt ~ ~,m. ~.~ =o.a~ti.n. =.t fo,th h.~.i.. OO SU BTOTA L please .read carelu!!y, cheok 0~ .... h~ stat~m.m~ below and sign: I understand that under state law, I am 8AS, OIL, LUBE entitled to a wriEen estimate, if my final bill will exoeed $50.00. MISC. OHARGES Q I request a written estimate. TRAVEL TIME, TOWING, etc. ~ I do not request a written estimate as long as the OHARGE FOR repair costs do not exceed $. . The shop may not MAKIN~ ESTIMATE exceed this amount without my wriEen or oral approval. ~ ~ SALES TAX ~ I do ~ot request a written estimate. Customer's signature ' .............. Date ~/~ ~~ THIS AMOUNT C~H ONLY Thank You COLLECTION:. You agree to pay reasonable attorney's fees and costs incurred by the. repair shop in an effort to collect payment for work performed for you. You acknowledge an express mechanic's lien on the vehicle, boat and/or machinery being repaired to secure the amounts due for repairs and any attorney's fees and costs. NOTE: YOU will be notified upon completion of any diagnostic work necessary to estimate the cost of repair, or if the actual charges will exceed the written estimate, including any additional authorized charges, by $10,000 or 10%, whichever is greater, not to exceed $50. If you are so notified, you may orally or in writing aUthorize, modify or cancel the order for 'repair. STORAGE CHARGES: No storage charges shall accrue or be due and payable for a period of 3 working.days from the date you are notified that the work on your vehicle, boat and/or machinery has been completed. After that date, the daily charge for storage of your vehicle, boat and/or machinery will be $ LIMITED WARRANTY: The only warranties applying to the part (s) installed in accordance with this estimate are those that may be offered by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty or merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of products or service sold under the terms of this estimate. Parts and labor are guaranteed for 90 days or 4,000 miles, whichever comes first. Seller does not guarantee that the work performed in accordance with this estimate will correc,~ any problem specified on the description of the complaint. CANCELLATION OF REPAIR: In the event the customer cancels the repair work, the vehicle, boat and)or machinery, shall be reassembled to a condition reasonably similar as when received unless the customer waives reassemblY or'the reassembled vehicle, boat and/or machinery would be unsafe. The repair shop may , charge for the cost of teardown, the cost of parts and labor to replace items 6, destroyed by teardown and the cost to reassemble the vehicle, boat and/or ...'- machinery. :