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Minutes 04-18-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, APRIL 18, 2001 AT 7:00 P.M. PRESENT Christopher DeLiso, Chair Patti Hammer, Vice Chair Robed Foot James Miriana Enrico Rossi Sarah Williams (left meeting 8 p.m.) Dee Zibelli Nicholas Igwe, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Luney Guillaume Vestiguerne Pierre Skip Lewis Mike Melillo Willie Webb Rich Laverdure ABSENT Thomas Walsh, Alternate I. CALLTO ORDER Chairman DeLiso called the meeting to order at 7:06 p.m. II. APPROVAL OF MINUTES OF MARCH 21, 2001 MEETING Chairman DeLiso called for a motion to approve the minutes of the March 21, 2001 meeting.. Motion Ms. Zibelli moved to approve the minutes of the March 21, 2001 meeting as written. Mr. Foot asked Mr. Blasie if he had read and concurred with the minutes? Mr. Blasie replied that he had and did concur. Mr. Rossi seconded the motion that carried 7-0. III. APPROVAL OF AGENDA Chairman DeLiso called for any additions or deletions to the Agenda. Mr. Blasie stated there were deletions to the Agenda as follows: A. Page 5 (Case No. 01-603) Wilton Wilson (removed) B. Page 6 (Case No. 01-202) Alvin Brown Tr. (removed) C. Page 7 (Case No. 01-279) Chula Vista (complied) D. Page 9 (Case No. 00-2737) Donald Smith (complied) E. Page 14 (Case No. 01-464) Alejandro Molina (complied) F. Page 23 (Case No. 01-445) Christophe Nelson (complied) G. Page 24 (Case No. 01-548) Leon Jenkins (complied) Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Mr. Foot aSked for an addition to the Agenda of a discussion of recognition for Mr. Lambert's service to the Board and the City. Motion Vice Chair Hammer moved to accept the Agenda as amended. Ms. Williams seconded the motion that carried 7-0. III. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that Mr, Blasie call the roll. Mr. Blasie asked all persons who were present to state they were "here" when their name was called. Persons who are present are heard first. IV. NEW BUSINESS Chairman DeLiso stated that this Board follows Florida State Statutes and is a quasi-judicial Board. Anyone who would be testifying before the Board must be sworn in. There is a plea system in place and when taking the podium a person should state their name and address. If you feel that a violation does exist on your property, but you need more time for compliance, the Board usually grants the requested time. At that time, you should plead "no contest" and state how much time you need. However, if you feel that a violation does not exist on your property, you can plead "not guilty". In that instance, the City will put on their case and you will put on your case. The Board will then make a determination if in fact a violation does exist on the property. If a violation does exist, you will be given a reasonable amount of time to bring the property into compliance. Once the property complies, you do not need to reappear before this Board. If, however, the property does not comply within the requested time, you would have to reappear before the Board for a fine certification. At Chairman DeLiso's request, the Recording Secretary administered the oath to all persons who Would be testifying at the meeting. A. CASES TO BE HEARD Case #01-528 Property Address: Violations: Maria Weeks 407 N.W. 15th Avenue SBC 1997 Edition 104.1.1, Permit required to install windows. Inspector Guillaume reported that this property was cited on March 7, 2001 for violation of the Standard Building Code. The complaint was discovered through a routine inspection. Service was accomplished by certified mail. Maria Weeks, 1201 N.W. 13th Street, Boca Raton, Florida, pled no contest and asked for sixty days since she needed to get time off work to go for a permit. The City recommended giving her sixty days. 2 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Motion Based on the testimony and evidence presented in Case No. 01-528, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law, that Maria Weeks is in violation of Code Section Standard Building Code, 1997 Edition, '~04.1.1 of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violation 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. Mr. FoOt seconded the motion that carried 7-0. Case #01-175 Property Address: Violations: Augustin Baptiste 2750 N.E. 4th Court Chapter 15, Article IX-15-120(D)Jnc; SBC 1997 Edition 104.1.1; Remove all trash and debris from rear yard; cars, trailers, buckets, unpermitted structures; Chapter 10-2 of the Boynton Beach Code of Ordinances, Overgrowth and/or Debris Inspector Rich Laverdure reported on this case in the absence of Inspector Courtney Cain. The property was originally cited on January 29, 2001 for violations of the Community Appearance Code, Permits, Overgrowth, Trash and Debris. The violations were discovered through routine inspection and service was by certified mail. Augustin Baptiste, 2750 N.E. 4th Court, Boynton Beach, pled no contest. As there was a language barrier, Inspector Pierre interpreted. The Respondent had a vehicle that did not have a tag and was not working, parked in the back yard. Ms. Williams asked about the unpermitted structure and Inspector Laverdure explained that it was a shed type building in the back yard that had been put up without a permit. Mr. Baptiste said he kept tools and dog and cat food there. It was a metal building that needed to be on concrete. Ms. Zibelli thought cars that were inoperable or without a proper tag could be taken, even out of the back yard. Mr. Blasie replied that they did not typically remove vehicles from the back yard due to liability considerations. Mr. Foot summarized the elements of the case and asked Mr. Baptiste how long he wanted to get the permit and remove the trash? Mr. Baptiste asked for thirty days. Motion Based on the testimony and evidence presented in Case No. 01-175, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of taw, that Augustin Baptiste is in violation of Code Sections Chapter 15-Article IX-15-120 (D).lnc, Standard Building Code, 1997 Edition 104.1.1; and 10-2 of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before May 14, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance 3 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Assistant City Attorney Igwe reminded the Board that when making motions, it was necessary to state that the person was found in violation of Code sections as charged. charged. Case #01-282 Property Address: Violations: Terrance Brabham 652 South Road Chapter 15, Article ~X-15-120 (D).lnc; Standard Building Code 1997 Ed. 104.1.1 and 105.6 Inspector Melillo reported that this property had originally been cited on February 8, 2001 for violations of the Community Appearance and Standard Building Codes. The violation was submitted by the Police Department and via a neighbor complaint. The tank had been taken away and Mr. Brabham had gotten a permit today. Terrance Brabham, 652 South Road, Boynton Beach, pled not guilty. Mr. Foot wondered if Mr. Brabham understood the difference between No Contest and Not Guilty? After discussion, Mr. Brabham changed his plea to No Contest and asked for three to four months to comply. Compliance involved setting the rebar in, putting it in place and releveling it, because it washed out underneath the seawall and that had to be filled in first. Chairman DeLiso asked Respondent for pictures that were provided for the Board's examination. Mr. Foot asked if the City had any safety concerns and Inspector Melillo replied that it did not. Mr. Rossi asked if he needed a permit to make repairs? Inspector Melillo remarked that he was beyond that and that he lived on South Road and the violation location was on the edge of North Road. On North Road some of the property owners have boat slips and property and docking on North Road, even though they live on South Road. Motion Based on the testimony and evidence presented in Case No. 01-282, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Terrance Brabham is in violation of Code Sections Chapter 15-Article IX-15-120 (D).lnc, Standard Building Code, 1997 Edition 104.1.1 and 105.6 of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent correct the 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. Mr. Miriana seconded the motion that carried 7-0. Case #00-3551 Property Address: Violation(s): James Stupp 1102 N.W. 8th Street Chapter 15-Article IX-15-120(E)2A; Repair or replace driveway; remove or register vehicle; Remove all debris in 4 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 carport and backyard. Permits are required for addition to enlarge in back of property. Repair fascia Board's. Chapter 15-Article IX-15-120(D).l Appearance/Maintenance of private property; Standard Building Code 1997 Edition 104.1.1,, permit when required. Inspector Pierre reported that this property had originally been cited on December 29, 2000 for violations of the Community Appearance Code and the Standard Building Code. James Stupp, 1102 N.W. 8th Street, Boynton Beach, pled no contest and asked for 60 daYs to comply. Mr. Foot asked if the City was comfortable with sixty days. Inspector Pierre replied that 60 days was probably enough time. Motion Based on the testimony and evidence presented in Case No. 00-3551, Ms. Williams moved that this BOard find, as a matter of fact, and as a conclusion of law, that James Stupp is in violation of Code Sections Chapter 15-Article IX-15-120(D).I, and 120 (E) 2a, and the Standard Building Code, 1997 Edition 104.1.1 of the Boynton Beach Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violation 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. Mr. Midana seconded the motion that carried 7-0. Case #01-453 Property Address: Violation(s): Jerry McAdoo 411 N.E. 2"d Street Standard Building Code 1997 Edition 104.6.1 reference Permit #99-3477, extension of permit has expired. See copy of Red Tag dated 2/26/01 Inspector Pierre reported that this property had originally been cited on March 1, 2001 for violation of the Standard Building Code. Jerry McAdoo, 411 N.E. 2"d Street, Boynton Beach, pled no contest and requested 60 days. He believed he had been misled to a degree. It was an apartment building and there were 22 windows in it and he changed two of the windows. He understood that this constituted hurricane shutters for those two windows. He asked for an extension since he was having some special shutters made. He said he had never requested extension of his permit and that he had been in contact with Mr. Pierre who referred him 5 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 to Mr. Gall. He came in for a conference with Mr. Gall. Mr. Gall advised him that the hurricane shutters were needed, at which point Mr. McAdoo ordered the shutters. Chairman DeLiso asked him if he planned to do the entire building? Mr. McAdoo said he could only afford to do the two windows at this time. He was under the impression that one had to change a percentage of the windows before the hurricane shutter issue came up and he only changed two. Chairman DeLiso told Mr. McAdoo he needed to reapply for a permit since his had expired and he needed to put some hurricane protection up and call for a final inspection. The City agreed with the sixty days. Chairman DeLiso said he needed to see Mr. Scott Blasie if he had any problems. Mr. Rossi wanted to be sure that the shutters Were being built to Code and Mr. McAdoo replied that Mr. Gall had informed him of what type to get. Motion Based on the testimony and evidence presented in Case No. 01-453, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Jerry McAdoo is in violation of Code Sections Standard Building Code, 1997 Edition 104.6.1 of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation 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. Mr. Rossi seconded the motion that carried 7-0. Case #01-593 Property Address: Violation(s): Virginia Wilson 120 N.E. 3rd Avenue Chapter 15-Article IX-15-120(D).lnc, inoperable and unregistered vehicle is not allowed in residential zone. Inspector Pierre reported that the property was originally cited on March 15, 2001 for violation of the Community Appearance Code. Mr. James Wilson, 120 N.E. 3r'~ Avenue, Boynton Beach, pled no contest and asked for 90 days to comply. He did not want to lose the van as it was an antique and he had some money in it. Chairman DeLiso asked if the van was registered and Mr. Wilson replied that it was titled but not registered. He registered it three times and ran into problems and now just had to redo the crankshaft. Mr. Foot asked about Mr. Wilson's relationship with Virginia Wilson? Mr. Wilson replied that he was her son and that his name was on the house. Inspector Pierre said that he was not allowed to remove the engine and do repairs in front of his property. He needed to take the van to a shop to have it repaired. Mr. Wilson asked if it would be possible to put it in his back yard? Ms. Zibelli said he could not repair it in his backyard either since oil spilled on the ground would percolate down into the water supply. 6 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Motion Based on the testimony and evidence presented in Case No. 01-593, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Virginia Wilson is in violation of Code Sections Chapter 15, Article IX-15-120 (D) Inc. of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent's son, James Wilson, correct the violation on or before May 14, 2001. ~f the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 5-1; Vice Chair Hammer dissenting; Ms. Williams had left the room. Case #01-171 Property Address: Violation(s): Bernard Kufer 240 N. Congress Avenue Standard Building Code, 1997 Edition, 104.1.1 and 104.7.2; Interior completion done without permits. See copy of Red Tag issued 1/25/01 Inspector Lewis reported that this property had originally been cited on January 26, 2001 for violations of the Standard Building Code. The property owner of record is Bernard Kufer. The owner of the restaurant that did the work is here. Joseph Amore, 1745 Banyan Creek Court, Boynton Beach, pled no contest and asked for 90 days. He needed permits and an architect. This was the former Easy Rider Restaurant. He had put some walls at the front entranceway without permits. Mr. Amore said there were three partition walls. Motion Based on the testimony and evidence presented in Case No. 01-171, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Bernard Kufer is in violation of Code Sections Standard Building Code, 1997 Edition, 104.1.1 and 104.7.2 of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation 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. Mr. Miriana seconded the motion. Mr. Foot asked if the City had any safety hazard issues with this case? Mr. Lewis said there were none and that the City was agreeable with the 90 days. The motion carried 7-0. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Case #01-313 Property Address: Violation(S): The Bank of New York 1417 S. Seacrest Blvd. Chapter 15-Article IX-15-120.(A), (E)2A, (D) 1 inclusive, and Section 10-52 of the Boynton Beach Code of Ordinances. Clean up all trash, debris, concrete blocks, wood logs, and all outdoor stored materials. Property needs all overgrowth mowed and trimmed. All unregistered/inoperative vehicles need to be removed. Grass needs to be installed in the yard to establish a green lawn. House needs to be painted. A permitted parking area is required. Inspector Lewis reported that this case had originally been cited on February 9, 2001 for multiple violations of the Community Appearance Code. He thought the representative of the bank was present but he had answered the roll thinking this was another case. He was from another bank. There was no representative present from The Bank of New York. Inspector Lewis said the representative had requested (through a fax from Arvida Realty to Inspector Lewis), 60 days to come into compliance. Chairman DeL/so asked Inspector Lewis if there was any problem with that? ~nspector said there was no problem with 60 days. They had already started working on it. There had been an eviction. Motion Based on the testimony and evidence presented in Case No. 01-313, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that The Bank of New York is in violation of Code Sections Standard Building Code, 1997 Edition., 104.1.1 and 104.7.2 of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before June 18, 2001. If the Respondent does not comply with this Order, a fine in the amount of $100.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. A. LIEN PENALTY CERTIFICATIONS (TABLED) Case #00-1844 B.J. & Jacqueline Fitzpatrick 18 N.W. 25th Street Delray Beach, FI 33444 3091 Ocean Parkway Inspector Guillaume reported that this case had originally been cited on July 26, 2000 for violation of Section 13-16 of the Boynton Beach Code of Ordinances, occupational license required. A Code Compliance Board hearing was held on November 15, 2000 8 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 and Respondent did appear. A compliance date and proposed fine were set by the Board of January 15, 2001 or $25.00 per day. The property came into compliance on April 13, 2001 for 87 days of non-compliance. Chairman DeLiso asked Mr. Fitzpatrick why it had taken 87 days to comply? Mr. Fitzpatrick responded that when he was cited, he applied for an occupational license. Then he was informed by the Police Department of some ongoing drug activity at the property that led him to evict four people. He got absorbed in that and felt that the matter required immediate attention. The situation lasted for several months. Upon . completion, he started working on this unit. When he appeared before the Board last time, he had separated his shoulder and this had been a setback. He has since cleaned up the property, painted it, put down new landscaping, and he apologized for the time it had taken. Vice Chair Hammer asked Mr. Fitzpatrick how long it had taken him to evict the tenants? Mr. Fitzpatrick said once he had evicted them, he needed time to get in there and get the units cleaned up. He said it was the kind of area that had a reputation for trashing and vandalizing empty units and stealing the windows, pulling the conduit from the walls and so forth. Mr. Foot asked Inspector Guillaume if the City wanted full fine, no fine, or what? He asked if this had been the first time Mr. Fitzpatrick had appeared before them? Were there other violations on other properties? Inspector Guillaume said there were no other violations at this time except the next case. Mr. Blasie said it was common knowledge that there had been other violations on other properties at other times by this person. Mr. Fitzpatrick stated that he had only been before the Board one other time. Motion Based on the testimony and evidence presented in Case No. 00-1844, Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondents, B.J. & Jacqueline Fitzpatrick, were in violation of Code Section 13-16 of the Boynton Beach Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of November 15, 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 a fine in the amount of $250 in this case. There was no second for this motion. Motion Based on the testimony and evidence presented in Case No. 00-1844, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, B.J. & Jacqueline Fitzpatrick, were in violation of Code Section 13-16 of the Boynton Beach Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of November 15, 2000. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $250 plus administrative costs of $576.18 for a total of $826.18. Ms. Zibelli seconded the motion. Mr. Fitzpatrick pointed out that he had only been before the Board on one other occasion, not related to this particular incident. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida Apri118,2001 Chairman DeLiso asked the Recording Secretary to call the roll. The motion failed 2-4, Chairman DeLiso, Vice Chair Hammer, Mr. Miriana, Mr. Rossi, dissenting. (Ms. Williams had left the meeting at some time prior to this vote for the evening.) Chairman DeLiso said they wanted to send a message but not a harsh one. Also, he did not want the Board to put the City the position of telling the Board what the fines should be. Chairman DeLiso asked for the prevailing side to come up with a motion that the entire Board could be comfortable with. Mr. Foot responded that he believed the City should tell the Board if they believed any fines should be Waived due to extenuating circumstances. The City is in a better position than the Board to know if the Respondent is a repeat violator. On the issue of the motion at hand, Mr. Foot said the City had incurred expenses and should be compensated accordingly. Also, the appearance of the property had been a detriment to the City. Vice Chair Hammer said that the appearance of the property was now very good and no longer an issue. The property would now be leased and it would be to the benefit of Boynton Beach. Chairman DeLiso Said that the cases had to be taken on a case-by-case basis because each case had a different scenario. They were looking for compliance as their main goal. He again asked the prevailing side to come up with an acceptable motion in this case. Mr. Miriana asked Mr. Fitzpatrick if he had an occupational license now? Mr. Fitzpatrick said it had not been issued but the inspections had been passed. Motion Based on the testimony and evidence presented in Case No. 00-1844, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, B.J. & Jacqueline Fitzpatrick, were in violation of Code Section 13-16 of the Boynton Beach Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of November 15, 2000. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $400 total, including administrative costs. Mr. Rossi seconded the motion that carried unanimously. Case #00-1862 B.J. & Jacqueline Fitzpatrick 18 N.W. 25th Street Delray Beach, FI 33444 270 N.E. 28th Court Inspector Guillaume reported that the property had originally been cited on July 26, 2000 for violations of the City's occupational license requirements. A Code Compliance Board hearing was held on November 15, 2000 and Respondent did appear. A compliance 10 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 date and proposed fine were set by Board of January 15, 2001 or $25.00 per day. The property came into compliance on April 16, 2001 for 90 days of non-compliance. Mr. Fitzpatrick said there seemed to be some misunderstanding about the number of inspections that had taken place. He thought there were two or three but they were done SimultaneouS y. Motion Based on the testimony and evidence presented in Case No. 00-1862, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, B.J. & Jacqueline Fitzpatrick, were in violation of Code Section 13-16 of the Boynton Beach Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of November 15, 2000. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $400 total, including administrative costs. Motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 00-1862 Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondents, B.J. & Jacqueline Fitzpatrick, were in violation of Code Section 13-16 of the Boynton Beach Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of November 15, 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 a fine in the amount of $250.00 total, including administrative costs. Ms. Zibelli seconded the motion that carried unanimously. B. NEW LIEN PENALTY CERTIFICATIONS Case #00-2056 City National Bank of FI. Tr. P.O. Box 025611 Miami, FI33102 2309 N. Congress Ave., #37 Inspector Laverdure reported that the property had originally been cited on August 15, 2000 for Part 3 of the Land Development Regulations, Chapter 4, Section 11, Site to be Maintained Per Plan. There was a Code Compliance Board hearing on February 21, 2001 and Respondent did not appear. A compliance date and proposed fine were set by Board of March 19, 2001 or $75.00 per day. The property has not yet complied with 30 days of non-compliance to date. Timothy Shawls, Attorney with Greenberg Taurig, representing CSC Boynton Landings, came to the podium to speak. Mr. Shawls asked Inspector Laverdure the reason for non-compliance? CSC Boynton Landings received a violation some time ago and the nature of it was that one of the light poles or lights in the complex had blown over during a storm. The lights are about fourteen feet high with a certain type of dome. It was replaced with a light of about six feet high such as might be found in a residential area. They were asked to correct it by March 19, 2001. He had the client get an electrician and take the light pole down on March 19, 2001 but it was a stormy day so 11 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 they could not get it done. He called Assistant City Attorney Igwe on the 19th and told him they had a problem getting the light down because of the weather. Since that time the light has come down. He tried to find the status from the client today but had been unable to reach him. Boynton Landings acquired the services of an electrician who was supposed to go to the City and pull a permit. If the light pole had been taken down, what was the reason for non-compliance? Inspector Laverdure stated that they were not in compliance because the correct light was not up. Inspector Laverdure shared pictures with the Board of the correct type of light, the replacement light, and what remained at this time. Inspector Laverdure said he had just inspected the site where they had sawed the pole down and he believed this was an unsafe sitUation with the wires. Chairman DeLiso said that his problem was that it had been going on since August of the previous year. Mr. Rossi stated that he believed a Site Plan issue was involved in that the lighting had to be of a certain type throughout the complex and they had replaced one of the conforming light poles with a non-conforming light pole. He said the original Site Plan had to be followed. Mr. Shawls said he had never seen a Site Plan and had asked the City to produce one and no one could locate it. The development is over 20 years old and the City is the official keeper of the Site Plan according to Florida Statutes. He did not know if the Site Plan existed. He believed that the violation was because the replacement light pole did not match the existing light poles. He did not believe anyone from the City could testify as to the Site Plan. He said the non-conforming light pole was taken down with the expectation of getting a permit. He had personally picked out the new light pole that was supposed to match the existing ones but could not match that to the Site Plan because the City could not produce it. Mr. Foot thought the issue should be tabled for 30 days and asked the City for its recommendation. Chairman DeLiso asked if the City had a Site Plan? Mr. Blasie said he believed the City's Code was enacted in 1975 concerning Site Plans. If they were in the process of trying to obtain a permit for the light pole, the Site Plan issue would be addressed as part of that process. The matter should take care of itself for that reason. Assistant City Attorney Igwe asked how many light poles there were in Boynton Landings and if they were all identical? Mr. Shawls did no'[ know how many but said they were identical. He reiterated that they were in the process of obtaining a light pole replacement that was extremely similar in appearance to the existing light poles and he said he would personally see that it got done. Assistant City Attorney Igwe recommended tabling the item. Motion Mr. Foot moved to table Case No. 00-2056 until May 14, 2001. Vice Chair Hammer seconded the motion. Mr. Foot asked about the letter the Board had gotten from Assistant City Attorney Igwe concerning the same property and a question of banners. Mr. Foot asked if the Board was involved in this? Mr. Shawls said there was a Planning & Development request for a minor site modification that was denied. City Council approved that. That was 12 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 appealed and ultimately, they dismissed the appeal. There was another appeal pending from three violations that were received in December. That was on appeal and their brief was due on Monday. The appeal should be dismissed the day after this meeting. Assistant City Attorney Igwe asked Mr. Shawls about the contempt issue? Mr. Shawls said it was pending and that he would be filing a response tomorrow. Judge Cohen had not yet set it down for a hearing. The motion passed unanimously. Case #00-2656 Karen Kay 350 N.E. 27th Avenue Inspector Laverdure reported that this property had originally been cited on October 5, 2000 for violation of the Community Appearance Code. The Respondent appeared at athe Code Compliance Board hearing on December 20, 2000. The compliance date and proposed fine were set by Board of March 19, 2001 or $25.00 per day. The property came into compliance today. There were 30 days of non-compliance. Juan DeValdes, 350 N.E. 27th Avenue, assumed the podium and said he was representing Ms. Karen Kay, who was ill and lost her father last week. He stated everything was in compliance now. The water restrictions made it difficult and they misunderstood and thought they could only water twice a week. Chairman DeLiso said that was not true on new vegetation but Mr. DeValdes did not know that until now. Inspector Laverdure stated that the City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 00-2656, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Karen Kay, was in violation of Code Section Chapter 15, Article IX-15-120 (D) Inc. & Section 10-2, of the Boynton Beach Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of December 20, 2000. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that No Fine be imposed or certified in this case. Vice Chair Hammer seconded the motion that carried unanimously. Case #00-1369 John & Betty Gensman 401 N.W. 8th Court Inspector Webb reported that this property had been originally cited on May 31, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on October 18, 2000 and Respondents did appear. A compliance date and proposed fine were set by Board of March 19, 2001 or $25.00 per day. The property had not yet complied with 30 days of non-compliance to date. John Gensman, 401 N.W. 8th Court, Boynton Beach, stated that when they had first been cited they were given six months to bring the property into compliance. They had done a lot of work on the property but they had not gotten to the sod yet. He believed it would be done in the next 30 days. The sprinklers were now in. 13 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Motion Mr. Foot moved to table Case No. 00-1369 until the May 16, 2001 meeting. Vice Chair Hammer seconded the motion that carried unanimously. Case #00-3311 Billie Sanders 613 N.W. 2nd Street Inspector Webb reported that this property had originally been cited on November 29, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on January 17, 2001 and Respondent did not appear. A compliance date and proposed fine were set by Board as March 19, 2001 or $25.00 per day. The property is not yet in compliance for 30 days of non-compliance to date. Billie Sanders, 613 N.W. 2"d Street, stated that she had been theirs the first time they had the meeting and they gave her sixty days. Chairman DeLiso said that she had gone over the allowed time by 30 days. Inspector Webb said the only thing that was really left to be done was the car and she had just informed him that this was another car that had been brought there. It was not registered. Inspector Webb said that as long as the car was still theirs, she had not complied. Chairman DeLiso asked if the car was still there and Ms. Sanders replied that it was, but not the particular car that was there before. This was a different car. Chairman DeLiso asked if she could have the car moved in 30 days? Ms. Sanders replied that she could. Chairman DeLiso reminded Ms. Sanders that there was a fine running but that it may not be certified, depending on the Board's decision. He advised her that she must move the car or face a possible lien on her house. Motion Mr. Miriana moved to table Case No. 00-3311 until May 16, 2001. Vice Chair Hammer seconded the motion that carried unanimously. B. CASES TO BE HEARD The Recording Secretary administered the oath to the people who had come in late. Mr. Foot asked why the Board was not following the agenda procedure and hearing the lien reduction case first for the people who had been waiting since the start of the meeting? Chairman DeLiso responded that lien reductions took a long time. Mr. Foot said that the people could have come on time. Motion Mr. Foot moved to continue with the lien reduction hearings and hear other cases later. The motion died for lack of a second. Case #01-187 Property Address: Violation(s): Theresa Smith 319 N.E. 16th Avenue Chapter 15, Article IX-15,120 (D) Inc.; Please install grass in yard 14 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 where bare spots occur. Remove all loose trash and debris from yard. Inspector Melillo stated that this property was originally cited on January 29, 2001 for violations of the Community Appearance Code. The complaint had come about via a complaint from the Police Department and Animal Care and Control. Some of the trash had been removed already. Rosalyn Smith, 319 N.E. 16th Avenue, Boynton Beach, pled no contest. She asked for 60 days. She was appearing on behalf of her mother, Theresa Smith. Inspector Melillo replied that the City was advising 90 days due to the drought and the large amount of work to be done. Motion Based on the testimony and evidence presented in Case No. 01-187, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Theresa Smith is in violation of Code Sections Chapter 15, Article IX-15-120 (D).lnc. of the Boynton Beach Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violation 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. Vice Chair Hammer seconded the motion that carried unanimously. C. NEW LIEN PENALTY CERTIFICATIONS Case #00-1162 Joanne Loudin 1536 N. Seacrest Bv. Inspector Melillo reported that this property had originally been cited on May 8, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on February 21, 2001 and Respondent did not appear. A compliance date and proposed fine was set by Board of March 19, 2001 or $25.00 per day. The property had not yet complied for 30 days of non-compliance to date. Joanne Loudin, 1536 N. Seacrest Boulevard, Boynton Beach, stated that the reason for non-compliance was that she was in the hospital when she was supposed to appear before the Board in February. Her daughter, who lives out of town, had been he~ping her and they were doing all they could do. She stated that they were about half done and that they planned to finish up on Sunday before her daughter flew back to California. She said they were recovering the entire driveway and showed the Board a picture taken at 6 p.m. today. Motion Vice Chair Hammer moved to table Case No. 00-1162 until May 16, 2001. Mr. Miriana seconded the motion that carried unanimously. 15 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 D. LIEN REDUCTIONS Case # 98-4112 Willie & Paula Knowles, Jr. 401 N.W. 16th Avenue Mr. Blasie stated that he had a request that Case No. 98-4112 be postponed for thirty days. Mr. Crawford was in attendance but he was representing the mortgage company that held a mortgage on the property and was only there to see what happened. He tried to phone the applicants but the applicants were unable to attend. Motion Mr. Foot moved to table Case No. 98-4112 until May 16, 2001. Vice Chair Hammer seconded the motion that carried unanimously. Case #99-392 Lillie Mae Phillips 518 55th Street West Palm Beach, FI. 518 N.W. 10th Avenue Mr. Scott Blasie, Code Compliance Administrator, reported that this property had originally been cited on March 16, 1999 for violations of the Community Appearance Code, Chapter 15, Article IX-15-120(D) Inclusive. This pertained to the lack of a yard and some unregistered vehicles. The property owner of record is Lillie May Phillips. A Code Compliance Board hearing was held on June 16, 1999 and Respondent did not appear. The City obtained certified, signed return receipts. A compliance date and proposed fine were set by the Board of July 19, 1999 or $25.00 per day. The property came into compliance on March 28, 2001 for 618 days of non-compliance. The total fine that has accrued in this case is $15,450 plus administrative costs of $634.12. Mr. Blasie submitted four photographs to the Board, two that were taken in June of 1999 and two that were taken today. Mr. Blasie said that he believed this was a rental property and when the family approached the City for a lien reduction, he met Ms. Phillips at the property and they had one unregistered vehicle there and an abandoned boat behind the house that somebody had left. They had to get rid of those and lay a considerable amount of sod. Ms. Zibelli asked Mr. Blasie if the City was satisfied? Mr. Blasie said yes, that it met Code requirements. Mr. Foot asked if Mr. Blasie was saying that the property was not theirs when the violation first occurred? Mr. Blasie said it was a rental property then and he thought it was still a rental property. Sharon Phillips, daughter of Lillie Mae Phillips, said that her mother was under the assumption that the letter stated that everything was straightened out. She said her mother used to live there and had married and moved to West Palm Beach so the letters were not coming to her. Her mother was 86 years old and the children were trying to bdng the property into compliance. The children did not know that the situation was still going on. As soon as they found out, they took action and put down four pallets of sod. She said her mother was trying to sell the place because it was too much for her to handle at her age. She asked Ms. Phillips to try to resolve the matter for her. She has a 16 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 buyer for the house and is trying to do everything she can to comply so she can sell the property. LloYd Marajh, a representative of the buyer of the above property, said he was surprised that Ms. Phillips would get such information from the City and not take immediate actiOn. He went to the City and did a title search and discovered the lien on the property. He was certain that Ms. Lillie Mae Philips was not aware of the gravity of the situation, When she realized the situation, she got into a panic and took action immediately. He asked the Board to give consideration to Ms. Lillie Mae Phillips' circumstances. Mr. Foot asked Mr. Blasie what the City's stance was on the situation and if there were any mitigating circumstances that should be related to the Board? Mr. Blasie said that on August 20, 1999, Ms. Sharon Phillips called his office concerning the fines and notified them that Lillie Mae Phillips address was 518 55th Street, West Palm Beach. Mr. Blasie stated that this property was not, historically speaking, a problem property nor was Ms. Phillips a repeat violator in this City. Ms. Phillips said that the tenants had been served with eviction notices. Also, as the tenants advised her that they would not move the vehicles, Ms. Lillie Mae Phillips paid to have the vehicles moved herself. Chairman DeLiso asked Ms. Phillips to tell the Board what she hoped to get in the way of a fine reduction? Ms. Phillips stated that her mother did not have the money to pay and if the situation were not resolved, she would not be able to sell the property. The buyers will not take it with a lien on it. Motion Based on the testimony and evidence presented in Case No. 99~392, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 99-392, by virtue of this Board's Order of July 19, 1999 be reduced to a total of $250.00. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Mr. Miriana seconded the motion. Chairman DeLiso wanted to justify the Board's actions in this case. They did it because if Ms. Phillips did not sell the property, she would lose it, and she diligently did what she had to do to sell the property. She has a buyer and he thought it would make everybody happy to move on and make the property a nice place for someone to live. The motion carried unanimously. AT 8:40 P.M., CHAIRMAN DELISO CALLED FOR A RECESS. 17 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 AT 8:56 P.M., THE MEETING RECONVENED. B. CASES TO BE HEARD Case #00-2510 Property Address: Violation(S): Tilda Jenkins 11 N.W. 28th Avenue Chapter 15, Article IX-15-120(D) 1 Inc. Repair or replace east side fence. Install sod in dead areas of yard and swale. Inspector Guillaume reported that the City would like to have the case tabled for 90 days. Motion Mr. Foot moved to table Case No. 00-2510 until July 18, 2001. Vice Chair Hammer seconded the motion that carried unanimously. Case #00-2880 Property Address: Violation(s): Michael C. Bornstein 724 N. Federal Highway Part 3, Land Development Regulations, Chapter 23, Article I1.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 Jose Alfaro, Planner. Inspector Guillaume stated the City recommended that Case No. 00-2880 be tabled for 30 days. Motion Mr. Foot moved to table Case No. 00-2880 until May 16, 2001. Mr. Miriana seconded the motion that carried unanimously. Case #01-439 Property Address: Violation(s): John & Patricia Virgil 2880 N.E. 4th Street Chapter 15, Article IX-15- 120(d).1A; storage of unlicensed/inoperable vehicles is not allowed on residential property. 18 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Inspector Guillaume reported that this property had originally been cited on February 28, 2001 for violations of the Community Appearance Code. It was discovered through a routine inspection and service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-439, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that John & Patricia Virgil are in violation of Code Section Chapter 15, Article IX-15-120(d).1A of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violation on or before May 14, 2001. If the Respondents do not comply with this Order, a fine in the amounl of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Hammer seconded the motion that carried 6-0. Case #01-394 Property Address: Violation(s): Michael & Cher Rentoumi$ 3895 S. Lake Dr. Standard Building Code, 1997 Edition 104.6.1 and 104.7.2; Permit Application #99- 5527- See Red Tag dated 1/19/01. Inspector Melillo reported that this property was originally cited on February 26, 2001 for violations of the Standard Building Code 1997 Edition. They erected a fence without getting a permit. The violation came about through a Red Tag from the Building Division. Service was accomplished by certified mail. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-394, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Michael & Cher Rentoumis are in violation of Code Section Standard Building Code 1997 Edition 104.6.1 and 104.7.2 of the Boynton Beach Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violation on or before May 14, 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. Vice Chair Hammer seconded the motion that carried 6-0. Case #01-429 Property Address: Violation(s): Annie Moorer 1618 N.W. 3rd Lane Chapter 15, Article IX-15- 120(D).1A; remove, repair and/or register motor vehicles. 19 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Inspector Melillo reported that this property was originally cited on February 28, 2001 for violation of the Community Appearance Code. The violation was initiated by a neighborhood complaint. Service was done by hand carry and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 01-429, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Annie Moorer is in violation of Code Section Chapter 15, Article IX-15-120(D).1A of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violation on or before April 30, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried 6-0. Case #01-573 Property Address: Violation(s): Lawrence & Christine Robinson 1400 N.W. 3rd Street Chapter 15, Article IX-15- 120(D).lA Inspector Melillo reported that this property was originally cited on March 14, 2001 for violations of the Community Appearance Code. The violation was discovered through routine inspection and service was accomplished by certified mail. The City recommended 10 days. Motion Based on the testimony and evidence presented in case No. 01-573, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Lawrence & Christine Robinson are in violation of Code Section Chapter 15, Article IX- 15-120(D).1A of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violation on or before April 30, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify cOmPliance with this Order. Mr. Miriana seconded the motion. Mr. Foot asked what the problem was. Inspector Melillo said the original citation had been for an abandoned, inoperable vehicle and that they had moved it into the carport. The violation was changed to the D.1A classification. The motion carried 6-0. Case #01-100 Property Address: John Costanzo 515 N.W. 8th Court 2O Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Violation(s): Chapter 15, Article IX-15- 120(D).lB; repair or replace driveway apron. Inspector Pierre reported that this property had originally been cited on January 22, 2001 for a violation of the Community Appearance Code. The violation was discovered through a routine inspection. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-100, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that John Costanzo is in violation of Code. Section Chapter 15, Article IX-15-120(D). 1B of the Boynton Beach Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violation on or before May 14, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Hammer seconded the motion that carried 6-0. Case #01-455 Property Address: Violation(s): George Jackson & Carrie Bell 410 N.W. 3rd Avenue Chapter 15, Article IX-15- 120(D).lnc; remove or register vehicle. Inspector Pierre reported that this case had originally been cited on March 1, 2001 for violation of the Community Appearance Code. The violation was discovered by routine inspection and the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 01-455, Ms. Zibelli moved that this Board find, as a matter of fact, and as a conclusion of law, that George Jackson & Carrie Bell are in violation of Code Section Chapter 15, Article IX-15-120(D).lnc of the Boynton Beach Code of Ordinances. Ms. Zibelli moved to order that the Respondents correct the violation on or before May 10, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 6-0. Case #01-146 Property Address: Violation(s): Alfonzo & Geraldine Pollard 415 N.W. 4th Avenue Chapter 15, Article 120(D).lnc. and Part 3, Development Regulations, IX-15- Land 21 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Chapter 20-VIII.Section 1G. Unfit, unsecured building. Mow weeds and remove all loose trash, secure house to prevent unauthorized entry by the public. Inspector Webb stated this property was originally cited January 25, 2001 for violation of the Land Development Regulations and the Community Appearance Code. The violation was discovered through a routine inspection. Service was accomplished by posting. The City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 01-146, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that AIfonzo and Geraldine Pollard are in violation of Code Section Chapter 15, Article IX-15- 120(D).lnc and Part 3, Land Development Regulations, Chapter 20-VIII.Section 1.G of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violation on or before April 30, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 6-0. Case #01-444 Property Address: Violation(s): Wanda Robinson 1203 N.W. 4th Street Chapter 15, Article IX-15- 120(D).lnc; remove all loose trash and debris from yard; including hot water tank and any other loose trash. Inspector Webb reported that this property had been cited on March 1,2001 for violation of the Community Appearance Code. The violation was discovered through a routine neighborhood inspection. Service was obtained by certified mail. The City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 01-444, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Wanda Robinson is in violation of Code Section Chapter 15, Article IX-15-120(D).lnc of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before May 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. Vice Chair Hammer seconded the motion that carried 6-0. 22 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida Apri~ 18, 2001 Case #01-592 Property Address: ViOlation(s): Mattie Habersham 544 N.W. 10th Avenue Chapter 15, Article IX-15-120(D). Inc; storage of unlicensed and inoperable vehicles on residential property is not allowed. Inspector Webb reported that this property had been cited on March 15, 2001 for violation of the Community Appearance Code. The violation was discovered through a routine inspection of the neighborhood and service was obtained by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-592, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Mattie Habersham is in violation of Code Section Chapter 15, Article IX-15-120(D).lnc of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before May 14, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 6-0. Case #00-3529 Property Address: Violation(s): Alfred Payer 405 S.W. 2nd Street Article XVIII Section 7; Barriers 1996 Boynton Beach Swimming Pool Code; Standard r~uilding Code 1997 Edition 104.1.1, Apply and secure proper permits for the new pressure treated deck and above-ground pool. Proper barrier is needed to secure pool per Code. Inspector Lewis reported that this property had been cited on December 27, 2000 for violations of the Boynton Beach Swimming Pool Code and the Standard Building Code. The violation was discovered through a neighbor complaint. The City recommended 10 days. Mr. Miriana asked if 10 days would be enough time to bring the property into compliance? Mr. Foot asked if the pool was filled? Inspector Lewis said it was and that Mr. Payer had called in before saying he needed time. Inspector Lewis gave him time roger the permits in order but he never called back and the property had to be posted. It is an above-the-ground pool and does not have the proper barriers. Mr. Foot asked if there were any barriers? Inspector Lewis replied that there were not. Mr. Foot asked if there was any fencing for the yard and Inspector Lewis replied no. It was a two-foot pool with a plastic cover over it but permits and barriers are needed. 23 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Motion Based on the testimony and evidence presented in Case No. 00-3529, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Alfred Payer is in violation of Code Section Chapter 15, Article IX-15-120(D).lnc of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before May 2, 2001. If the Respondent does not comply with this Order, a fine in the amount of $50.00 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. Vice Chair Hammer seconded the motion that carried 6-0. Case #01-240 Property Address: Violation(s): BobKatz Properties 114 S.E. 3rd St. Standard Building Code 1997Edition 104.1.1 and 104.7.2, Obtain a proper permit. See copy of Red Tag dated 12/5/00 and contact J. Patrick Building Division 742-6668 to resolve. Inspector Lewis said this property had originally been cited on February 2, 2001 for violations of the Standard Building Code. The City recommended 30 days. Mr. Miriana asked what the permit was required for. Inspector Lewis said it was for an irrigation system and it was a Red Tag from the Building Department. Motion Based on the testimony and evidence presented in Case No. 01-240, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that BobKatz Properties is in violation of Code Section Standard Building Code 1997 Edition, 104.1.1 and 104.7.2 of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before May 14, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Hammer seconded the motion that carried 6-0. Case #01-382 Property Address: Violation(s): Kathleen Romeo 303 S.W.7th Street Standard Building Code 1997 Edition 104.1.1; Obtain proper permits for porch enclosure, carport exterior wall, and new exterior door installations. Rental property requires an occupational license; 13-16 of the BBC 24 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Inspector Lewis reported that this property had originally been cited on February 23, 2001 for violations of the Standard Building Code and Occupational License Section.The City recommended 90 days. Ms. Romeo faxed Inspector Lewis a letter and they have hired a Contractor to resolve the problem. Motion Based on the testimony and evidence presented in Case No. 01-382, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Kathleen Romeo is in violation of Code Section Standard Building Code 1997 Edition, 104.1.1 and Section 13-16 of the Boynton Beach Code of Ordinances, Mr. Foot moved to order that the Respondent correct the violation 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. Mr. Miriana seconded the motion that carried 6-0. Case #01-487 Property Address: Violation(s): David J. Ross 137 S.E. 15th Avenue Part 3, Land Development Regulations, Chapter 21-1, Section 4 sign permit required; and Standard Building Code 1997 Edition 104,1.1, remove all non- permitted signs from the property and City right-of-way. Inspector Lewis reported that this property had originally been cited on March 5, 2001 for violation of the Land Development Regulations and Standard Building Code. The violation was discovered through a neighboring business. The City recommended 10 days. Inspector Lewis said that this person had pulled a permit but his sign was not legal and needed to be moved to a different place on the wall. This is next to the animal clinic. Chairman DeLiso asked if Mr. Ross knew what needed to be done. Inspector Lewis said he had pulled a permit and been given a drawing that showed him where he must put the sign. Motion Based on the testimony and evidence presented in Case No. 01-487, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of ~aw, that David Ross is in violation of Code Section Part 3, Land Development Regulations Chapter 21-I.Section 4, and the Standard Building Code 1997 Edition 104.1.1 of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violation on or before April 30, 2001, If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of 25 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried 6-0. A. LIEN PENALTY CERTIFICATIONS (TABLED) Case #99-1164 Kim & Cyd Fender 12 Dogwood Circle Lake Worth FI 33462 2900 High Ridge Road Inspector Laverdure asked to table Case No. 99-1164 for 90 days due to the heavy construction on High Ridge Road. Motion Vice Chair Hammer moved to table Case No. 99-1164 until July 18, 2001. Mr. Miriana seconded the motion that carried 6-0. Case #00-1894 H.B. Realty, Inc. 2450 N.W. 2nd Street Hazelton Whitley 2300 Palm Beach Lakes Blvd. Suite 200 West Palm Beach, FI 33409 Inspector Guillaume stated that this property had originally been cited on July 27, 2000 for violations of the Community Appearance Code and Occupational License requirements. A Code Compliance Board hearing was held on December 20, 2000 and Respondent appeared. A compliance date and proposed fine were set by the Board of January 15, 2001 or $25.00 per day. The property has not yet complied for 93 days of non-compliance to date. Mr. Miriana asked Inspector Guillaume if he had made any contact? Chairman DeLiso stated that it was an ongoing problem and that he believed the fine should be certified. Motion Based on the testimony and evidence presented in Case No. 00-1894, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Vice Chair Hammer moved that this Board find that H.B. Realty, Inc. have violated this Board's prior Order of December 20, 2000, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that carried unanimously. Case #00-2542 Sol & Bella Heifetz 224 Carter Court Northbrook, III. 60062 2923 S. Federal Highway 26 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Inspector Melillo stated that the City recommended tabling this case for thirty days. They are trying to obtain the licenses and get the landscaping and irrigation done but they need more time. Motion Vice Chair Hammer moved to table Case No. 00-2542 until the Code Compliance Board meeting to be held on May 16, 2001. Mr. Foot seconded the motion that carried 6-0 Case #00-3402 Isabel Miguel & Felix Jimenez 1901 N.W. 11st Street Boynton Beach, FI 33435 2210 N.E. 3rd Court Inspector Melillo reported that the original notice of violation was December 6, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on February 21, 2001 and they did not appear. A compliance date was set by the Board of March 19, 2001 or $25.00 per day. They complied April 5, 2001 for 16 days of non-compliance. He said that the City recommended no fine. They were trying to get rid of the car and the title was unclear. They had fixed the driveway and de-weeded it. Mr. Foot asked if the case was non-enforceable? He did not understand why the City was recommending no fine. Inspector Melillo stated that somebody had left their car there and it was beyond their control. It had to be towed and that is why it took sixteen days. Motion Based on the testimony and evidence presented in Case No. 00-3402, Mr. Foot moved that this Board find, as a matter of fact, that Respondent was in violation of Code Sections Chapter 15, Article IX-15-120(D) Inc. subsequent to the date of compliance specified in this Board's Order of February 21, 2001. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, and this Board impose and certify No Fine. Mr. Miriana seconded the motion that carried 5-1 (Ms. Zibelli dissenting). Case #00-3413 Dianne Morrison 2214 N.E. 4th Court Inspector Melillo reported that the notice of violation on this property had been issued December 7, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on February 21, 2001 and Ms. Morrison did not appear. A compliance date and proposed fine were set by the Board as March 19, 2001 or $25.00 per day plus administrative costs. The compliance date was April 16, 2001 for 27 days of non-compliance. Mr. Morrison contacted Inspector Melillo and stated that his son was dying of cancer and he had to go back and forth the Miami Medical Center and that is why it took him longer to get the property in compliance. The Code ComplianCe got another call from an involved party who stated the same thing and Inspector Melillo had been to his house to speak with him. The City recommended no fine. 27 Meeting Minutes Code ComPliance Board Meeting Boynton Beach, Florida April18,2001 Motion Based on the testimony and evidence presented in Case No. 00-3413, Vice Chair Hammer moved that this Board find, as a matter of fact, that Respondent was in violation of Code Sections Chapter 15, Article IX-15-120(D) Inc. subsequent to the date of compliance specified in this Board's Order of February 21, 2001. Vice Chair Hammer moved that this Board find that the Respondent failed to comply with this Board's Order, and this Board impose and certify No Fine. Ms. Zibelli seconded the motion that carried 6-0. Case #00-3414 Lakendra Giddings 2206 N.E. 4th Court Inspector Melillo reported that the violation notice had been dated December 7, 2000 for violation of the Community Appearance Code. A Code Compliance Board hearing was held on February 21, 2001 and Ms. Giddings did not appear. A compliance date and proposed fine was set by the Board of March 19, 2001 or $25.00 per day. The property has not yet come into compliance. Mr. Foot asked if there had been any contact? Inspector Melillo said he had discussed it with them but there had been no movement in any direction to do anything. Motion Based on the testimony and evidence presented in Case No. 00-3414, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Lakendra Giddings has violated this Board's prior Order of February 21, 2001, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Hammer seconded the motion that carried unanimously. Case #00-2828 Michael & Deborah Hotchkiss 2925 S.E. 1st Court Inspector Melillo reported that the notice of violation had been issued October 23, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on December 20, 2000 and they did appear. A compliance date and proposed fine were set by the Board of March 19, 2001 or $25.00 per day. The property complied on April 12, 2001 for 23 days of non-compliance. Inspector Melillo stated that this had been a case where the Respondents had used wood chips instead of the grass that the City requested to one side of their driveway. Inspector Melillo reported that the Hotchkiss's had gotten a permit, asphalted the entire area, and it came out very nice. The City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 00-2828, Vice Chair Hammer moved that this Board find, as a matter of fact, that Michael & Deborah Hotchkiss were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., 28 Meeting Minutes · Code COmpliance Board Meeting Boynton Beach, Florida April 18, 2001 subsequent to the date of compliance specified in this Board's Order of December 20, 2000. Vice Chair Hammer moved that this Board find thai the Respondents failed to comply with this Board's Order and that this Board impose and certify No Fine. Ms. Zibelli seconded the motion that carried 6-0. Case #00.2554 John Burns P.O. Box 1297 Delray Beach, FI. 33447 131 S.W. 1st Avenue Inspector Lewis reported that this case had originally been cited on October 3, 2000 for violation of the Occupational License Code requirements. A Code Compliance Board hearing was held on December 20, 2000 and Mr. Burns did not appear. A compliance date and proposed fine were set by the Board of February 19, 2001 or $25.00 per day. The property has not yet complied for 58 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 00-2554, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Mr. John Burns has violated this Board's prior Order of December 20, 2000, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Hammer seconded the motion that carried 6-0. Case #00-3222 David Dennis 1314 S. Seacrest Boulevard Inspector Lewis reported that this property was originally cited on November 14, 2000 for violations of the Standard Building Code and the Occupational License requirement. A Code Compliance Board hearing date was held on January 17, 2001 and Respondent did appear. A compliance date and proposed fine was set by the Board of February 19, 2001 or $25.00 per day. The date complied was April 2, 2001 for 41 days of non- compliance. Chairman DeLiso asked if this was the case where the Respondent was going to make half the house into a duplex? Inspector Lewis said the house was blocked off and people were living in there. They are still living in there but he opened it up. He says it is his family but it is divided and now has a door and he took the stove out. He turned in an application but has not gotten any permits. It is now in compliance. Ms. Zibelli asked if he no longer needed an occupational license? Inspector Lewis said that since he had opened everything up it was considered a single-family house and that he did not need an occupational license now. The City recommended no fine. 29 Meeting Minutes - Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Motion Based on the testimony and evidence presented in Case No. 00-3222, Mr. Foot moved that this Board find, as a matter of fact, that David Dennis was in violation of Code Sections Standard Building Code 1997 Edition 104.1.1 and Section 13-16 of the Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of January 17, 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. ViCe Chair Hammer seconded the motion that carried 6-0. Case #99-704 Charles & Fred Rahming 502 N.W. 5th Street Boynton BeaCh, FI 33435 224 N.E. 10th Avenue Inspector Webb reported that this property had been cited originally on April 8, 1999 for violations of the Community Appearance, Land Development Regulations and Standard Building Code. A Code Compliance Board hearing was held on February 16, 2000 and Respondent did appear. A compliance date and proposed fine were set by Board of August 14, 2000 or $25.00 per day. The property has not complied and there are 247 days of non-compliance to date. The City recommending tabling the case for 30 days. Mr. Rahming had applied for Community Redevelopment assistance. Motion Vice Chair Hammer moved that Case No. 99-704 be tabled until the Code Compliance Board meeting to be held on May 16, 2001. Mr. Miriana seconded the motion that carried unanimously. Case #00-2942 New Haitian Alliance Church Of Boynton Beach P.O. Box 4064 Boynton Beach, FI 33424 Hoadley Road Inspector Webb reported that the original notice of violation date was October 30, 2000 for Part 3 of the Land Development Regulations. A Code Compliance Board hearing was held on January 17, 2001 and Respondents did not appear. A compliance date and proposed fine were set by Board of February 1, 2001 or $25.00 per day. The property has not yet complied for 76 days of non-compliance to date. The City recommended certifying the fine. Motion Based on the testimony and evidence presented in Case No. 00-2942, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that the New Haitian Alliance Church of Boynton Beach has violated this Board's prior Order of January 17, 2001, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until 30 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida Apri~ 18, 2001 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Hammer seconded the motion that carried 6-0. Case #00,2261 Anthony & Linda Giovinazzo 3260 Orange Street Inspector Guillaume reported that this property had originally been cited on September 11, 2000 for violation of the CommUnity Appearance Code. The City recommended tabling the case for 60 days. Motion Mr. Foot moved to table Case No. 00-2261 until the Code Compliance Board meeting to be held on June 20, 2001. Vice Chair Hammer seconded the motion that carried unanimously. Case #00-2517 Anita Hinojosa 111N.E. 27th Avenue Inspector Guillaume reported that this case had originally been cited on September 29, 2000 for violation of the Community Appearance Code. A Code Compliance Board meeting was held on February 21, 2001 and Respondent did not appear. A compliance date and proposed fine were set by Board of March 19, 2001 or $25.00 per day. The property has not yet complied for a total of 30 days of non-compliance to date. Mr. FoOt asked Inspector Guillaume if there had been any contact? Inspector Guillaume replied that there had been many contacts but the mother, Anita Hinojosa, had passed away and her daughter, a widow, was living in the house. There was a junk car in the carport. She said she was going to have it removed. The City recommended certifying the fine. Motion Based on the testimony and evidence presented in Case No. 00-2517, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Miriana moved that this Board find that the owner of this property has violated this Board's prior Order of February 21, 2001, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Hammer seconded the motion that carried 6-0. Case #00-3344 John Field, Jr. 1126 S. Federal Hwy. Ste. 101, Ft. Lauderdale, F1.,33335 3048 E. Palm Drive Inspector Laverdure reported that this property had originally been cited on December 1, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on February 21, 2001 and Respondent did not appear. A compliance date and proposed fine were set by Board of March 19, 2001 or $25.00 per day. The 31 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 property has not complied for 30 days of non-compliance to date. The City recommended certification of the fine. Motion Based on the testimony and evidence presented in Case No. 00-3344, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Mr. John Field, Jr. has violated this Board's prior Order of February 21, 2001, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that Carried 6-0. Case #00-3345 John Field, Jr. 3320 E. Atlantic Drive 1126 S. Federal Hwy, Ste. 101 Ft. Lauderdale, FI 33335 Inspector Laverdure reported that this property had originally been cited for violation of the Community Appearance Code. A Code Compliance Board hearing was held on February 21, 2001 and Respondent did not appear. A compliance date and proposed fine were set by the Board of March 19, 2001 or $25.00 per day. The property has not complied for 30 days of non-compliance to date. The City recommended certification of the fine. Motion Based on the testimony and evidence presented in Case No. 00-3345, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Miriana moved that this Board find that Mr. John Field, Jr. has violated this Board's prior Order of February 21, 2001, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costS, which shall continue to accrue until the Respondent comes into compliance or untilia judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that carried 6-0. Case #00-2856 Jeffrey & Beverly Annabel 327 S.W. 1st Avenue Inspector Lewis reported that this case had originally been cited on October 25, 2000 for violation of the Community Appearance Code, Land Development Regulations, and Section 1-02 of the Boynton Beach Code of Ordinances. The height of the fence was to be maintained at four feet and there was a large amount of overgrowth and/or debris on the property. A Code Compliance Board hearing was held on December 20, 2000 and Respondents did appear. A compliance date and proposed fine were set by Board of March 12, 2001 or $25.00 per day. The property has not yet come into compliance for 37 days to date of non-compliance. There were letters pertaining to the case that had been distributed in the Board's packets. Chairman DeLiso said there were two options, to certify or table the case. Since their appearance before the Board in March, nothing 32 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 further had been done to the property to bring it into compliance. Inspector Lewis said that the front looked pretty good but the side needed some work. Mr. Blasie said that the letters submitted from her neighbors were something one might produce when trying to get a variance, which was not part of this Board's purview. Assistant City Attorney Igwe asked the Annabels to supply documentation that they had submitted to various agencies seeking a particular status. The City had not received any documentation to date. The so-called hedge on Third Street was not a hedge. A lot of it was on City right-of-way. The pictures of the unkempt hedge showed a hodge-podge of Florida Holly, vines, trash and so forth. They probably had been rather liberal in calling it a hedge anyway. It is basically just a row of brush. The hedge along First Avenue is rather well kept and maintained and would not have become an issue if they had not received a complaint. The brush and debris along Third Street was way beyond Code requirements to the extent that the Florida Holly must be removed. There had been no attempt on Third Street to take any corrective action. On First Avenue the hedge looked clean but the height was a foot or two above Code requirements. Mr. Blasie recommended certifying the fine. He did not feel that the documentation submitted by the Annabels pertained to the Code issue. Mr. Foot asked what people would see if they cut things back. Was the view worse after cutting or before? Mr. Blasie said the appearance of the property was fine. Motion Based on the testimony and evidence presented in Case No. 00-2856, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Mr. and Mrs. Jeffrey Annabel have violated this Board's prior Order of December 20, 2000, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Hammer seconded the motion that carried 6-0. C. FORECLOSURES Case #00-1285 Case #00-1398 Case #00-1414 Case #00-1471 Case #00-1550 Case #01-998 Case #00-1047 Case #00-1554 Case #00-1083 Case #98-1219 Case #00-1575 Case #00-808 Case #00-1372 Case #99-526 Isabel Miguel & Feliz Jimenez Housing Partnership, Inc. Rosilind Morton Raymond & Unda Torres Raymond & Linda Torres Francois Alphonse Doug Bono Raymond & Linda Torres Rigel & Nigel Kowlessar Helen Hagen Joseph Skaates William Jenkins Est. Richard Jones Deliverance Evangelistic 33 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 18, 2001 Motion Mr. Foot recommended that the above cases listed on tonight's Agenda be forwarded to the City Attorney's office for foreclosure. Motion seconded by Vice Chair Hammer and carried unanimously. Mr. Foot commented that in the interests of good order, he did not think it was a good idea to hear cases of people who had come in late before people who had been on time and waiting. Mr. Foot also asked that the Agenda pages be marked on the first page of each item if there were multiple page; for example, 12A marked on the first page of an item that also had a 12B, 12C, and so forth. RECOGNITION OF MR. DICK LAMBERT'S SERVICE TO THE CODE COMPLIANCE BOARD AND THE CITY Motion Mr. Foot moved that the Board ask the City to express its appreciation to Mr. Lambert for his service to the community through this Board over the past sixteen years. Chairman DeLiso asked if he was looking for a plaque or a certificate or a verbal commendation? Mr. Foot said that management could write him a letter. Chairman DeLiso said that the City Clerk's office did that automatically. Mr. Rossi pointed out that having spent most of that time on the Board with Mr. Lambert, he said Mr. Lambert was a good member of the Board. He had historical knowledge of the cases in the City, was fair and had leadership qualities. He had served the City and this Board extremely well and Mr. Rossi thought the City Manager should be made aware of it. Mr. Miriana seconded the motion that carried unanimously. Mr. Miriana pointed out to Assistant City Attorney Igwe language that he considered to be ambiguous in standard motion No. 7 where the Board "finds in violation but certifies No Fine". Assistant City Attorney Igwe said the wording left it open for the Board to make whatever judgment it wished. VII. ADJOURNMENT There being no further business to come before the meeting, the meeting was duly adjourned at 9:40 p.m. Respectfully submitted, Recording Secretary (3 tapes) 34