Minutes 02-20-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON WEDNESDAY, FEBRUARY 20, 2002 AT 7:00 P. M.
Present
Chris DeLiso, Chairman
Patti Hammer, Vice Chair
Bob Foot
James Miriana
Enrico Rossi
Dee Zibelli
Jean M. Heinly-Bainer, Voting Alternate
Edward G. Hillery, Alternate
David Tolces, Assistant City Attorney
Inspectors: Courtney Cain
Luney Guillaume
Richard Laverdure
Skip Lewis
Vestiguerne Pierre
Pete Roy
Willie Webb
Absent
Tom Walsh
I. CALL TO ORDER
Chairman DeLiso called the meeting to order at 7:00 p.m.
II. APPROVAL OF MINUTES (January 24, 2002)
Motion
Vice Chair Hammer moved to approve the minutes. Motion seconded by Mr.
Miriana.
Mr. Foot requested that the following changes be made to the minutes of the
January 24, 2002 meeting:
(1) On page 5, in the last paragraph, last line, the word "part" should be
changed to "party."
(2) On Page 7, the Motion should be changed to read as follows:
"Based on the testimony and evidence presented in Case No. 99-1157
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. Walsh moved that this Board find
that the fine instituted in Case No. 99-1157, by virtue of this Board's Order
of December 1, 1999 be reduced to $5,000. This order is not final until the
expiration of the time of appeal expires under Ordinance 01-07. Motion
seconded by Mr. Rossi."
(3) On Page 9, the Motion should be changed to read as follows:
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
"Based on the testimony and evidence presented in Case No. 99-1157
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. Walsh moved that this Board find
that the fine instituted in Case No. 99-1157, by virtue of this Board's Order
of December 1, 1999 be reduced to $6,500. This order is not final until the
expiration of the time of appeal expires under Ordinance 01-07. Motion
seconded by Mr. Foot."
(4) On Page 11, the Motion should be changed to read as follows:
"Based on the testimony and evidence presented in Case No. 01-1229
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. 01-1229, by virtue of this Board's Order
of July 18, 2001 be reduced to $634.12. This order is not final until the
expiration of the time of appeal expires under Ordinance 01-07. Motion
seconded by Mr. Walsh."
(5) On Page 8, the third full paragraph and succeeding paragraphs should be
changed as follows:
"Mr. Foot moved that the motion be amended to strike '$5,000' and insert
'$15,980.' The motion died for lack of a second."
"Mr. Foot moved that the motion be amended to strike '$5,000' and insert
'$10,000'. Mr. Rossi seconded the motion."
"The Recording Secretary polled a roll call vote on the motion to amend
the motion and it failed 3-3 (Messrs, Miriana, Foot and Walsh in favor and
Messrs Rossi, DeLiso and Ms. Zibelli dissenting)."
Motion
Mr. Foot moved to approve the Minutes of January 24, 2002 with the corrections.
Motion seconded by Vice Chair Hammer and unanimously carried.
Approval of Minutes of the Regular Meeting of January 16, 2002
Motion
Vice Chair Hammer moved to approve the minutes of the January 16, 2002
meeting. Motion seconded by Ms. Zibelli.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Mr. Foot inquired if staff read the minutes. Inspector Lewis responded that he
had.
Motion unanimously carried,
In the absence of Mr. Blasie, Code Administrator, Inspector Lewis presented the
agenda and requested the following changes;
III. APPROVAL OF AGENDA
A. Page
B. Page
C. Page
D. Page
E. Page
F. Page
G. Page
H. Page
I. Page
J. Page
K. Page 29
L. Page 40
M. Page 41
N. Page 44
O. Page 46
P. Page 48
Q. Page 49
R. Page
S. Page
T. Page
U. Page
V. Page
W. Page
2 (Case #01-2545), Jocelyn Thompson, complied
5 (Case #01-3148), Property Reserve, Inc., complied
7 (Case #01-2627), Edmundo & Laura Manterola, removed
12 (Case #02-071), Jafus & Bonnie Crawford, complied
14 (Case #01-2786), Joseph & Carol Dragon, removed
15 (Case #01-2889), Nortech Warehouses, Inc., complied
22 (Case #01-3384), McCraney Service Center & Storage, removed
25 (Case #01-3016), Cecilia & Derle Bailey, Sr., complied
26 (Case #01-3019), Sherri Robinson, complied
27 (Case #01-3075), Keisha Brown, removed
(Case #01-3189), William & Sharon Ganoe, complied
(Case #01-2831 ), Michael & Patricia Arnette, complied
(Case #01-2867), Danny & Susan McGilton, complied
(Case #01-3036), Bernard Kufer, complied
(Case #01-3432), Guy Estella, complied
(Case #01-2300), Nathaniel Robinson, complied
(Case #01-2939), Timothy McTigue, complied
50 (Case #01-3207), Michelle Hubbard, complied
56 (Case #01-3491 ), Margarita Monge, removed
60 (Case #02-064), Andrea Horne, complied
62 (Case #01-065), John & Dinah Grounds & Anthony W.
Romaella, Jr., complied
64 (Case #01-2704), Gerald Rowley, removed
73 (Case #01-3317), Adetokunbo & Carlota Abiose, complied
Motion
Ms. Zibelli moved to approve the agenda, as amended. Motion seconded by Mr.
Miriana and unanimously carried.
IV. SWEARING IN OF WITNESSES AND INTRODUCTION
Inspector Lewis introduced the new Board Alternates, Ms. Jean Heinly-Bainer
and Mr. Edward Hillery.
Inspector Lewis called the roll.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Chairman DeLiso explained the plea system to the audience.
Chairman DeLiso requested that the Recording Secretary administer the oath to
all persons Who would be testifying.
V. NEW BUSINESS
A. CASES TO BE HEARD
Case #00-3284 Scott & Joan Kessler
Property Address: 1114 N. Federal Highway
Violation: Chapter 15, Article IX-15-120 (D), Inc., PT 3 -
LDR, Chapter 20-VIII, Section 2.A, Chapter 23, Article I1.O and
Chapter 7,5-11, Section 5.B; Remove all unsightly vegetation; trim all
trees; remove all loose trash; repair water heater shed; repair
potholes in parking lot; See copy of memorandum from Jose Alfaro
to Scott Blasie dated November 15, 2000 for C.E.R.T. Inspection.
Inspector Webb stated that the case was originally cited on November 21, 2000
by the C.E.R.T. Team. Service was obtained by certified mail.
Joan Kessler, 1114 N. Federal Highway, Boynton Beach, pled no contest and
asked for 60 days. The landscaping has been corrected and they are in the
process of repairing the potholes.
Inspector Webb suggested giving the Respondent 90 days due to the parking lot
issues.
Motion
Based on the testimony and evidence presented in Case No. 00-3284, Mr. Foot
moved that this Board find, as a matter of fact and as a conclusion of law, that
Scott and Joan Kessler are in violation of Code Sections Chapter 15, Article IX-
15-120 (D), Inc, of the City Code of Ordinances and PT3-LDR, Chapter 20-VII,
Section 2.A, Chapter 23, Article II.O and Chapter 7.5-11, Section 5.B. Mr. Foot
moved to order that the Respondents correct the violations on or before May 22,
2002. If the Respondents do not comply with this Order, a fine in the amount of
$25.00 per day, plus administrative costs, shall be imposed. The Respondents
are further ordered to contact the City of Boynton Beach Code Compliance
Division to arrange for reinspection of the property to verify compliance With this
order. Motion seconded by Vice Chair Hammer and unanimously carried.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Case #01-2599 Sarah King & Barbara R. Vickers
Property Address: 529 NW 13th Avenue
Violation: Section 15-16 B.B.C. of Ord., Chapter 15,
Article IX-15-120 (D) 1, Inc., and SBC '97 Edition 104.1.1; Remove all
loose trash, inoperable and unregistered vehicle; house number
required; permit required for window change out.
Inspector Webb stated that the property was originally cited on October 1, 2001
through routine neighborhood inspection. Service was obtained by posting.
Donald Godfried, 529 NW 13th Avenue, Boynton Beach, said that he lived on
the property with his mother and said he was not aware of the violations.
Inspector Webb responded that he explained the violations to Mr. Godfried and
his sisters. The violations were read to the respondent, Mr. Godfried stated that
he would make all the necessary repairs and requested 90 days. The City
agreed to 90 days.
Motion
Based on the testimony and evidence presented in Case No. 01-2599, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Sarah King and Barbara R. Vickers are in violation of
Code Section 15-16 and Chapter 15, Article IX-15-120 (D) 1, Inc, of the City
Code of Ordinances and the SBC '97 Edition 104.1.1. Vice Chair Hammer
moved to order that the Respondents correct the violations on or before May 22,
2002. If the Respondents do not comply with this Order, a fine in the amount of
$25.00 per day, plus administrative costs, shall be imposed. The Respondents
are further ordered to contact the City of Boynton Beach Code Compliance
Division to arrange for reinspection of the property to verify compliance with this
order. Motion seconded by Mr. Miriana and unanimously carried.
Case #01-2979 Juan A. Rodriguez
Property Address: 816 S. Seacrest Boulevard
Violation: Chapter 15, Article IX-15-120 (D) 1, Inc. and
120 (E) 2A; Please remove all outdoor stored items, inoperable
vehicle, trash and debris from the property. House needs to be
painted. Sod needs to be installed in dead areas of the yard visible
from the street.
Inspector Lewis stated that the property was originally cited on October31,2001.
Juan A. Rodriguez, 816 S. Seacrest Boulevard, Boynton Beach, pled no
contest and requested 60 days. The City agreed.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February20,2002
Motion
Based on the testimony and evidence presented in Case No. 01-2979, Mr.
Miriana moved that this Board find, as a matter of fact and as a conclusion of
law, that Juan A. Rodriguez is in violation of Code Sections Chapter 15, Article
IX-15-120 (D) 1, Inc. and 120 (E) 2A of the City Code of Ordinances. Mr. Miriana
moved to order that the Respondent correct the violations on or before April 22,
2002. If the Respondents do not comply with this Order, a fine in the amount of
$25.00 per day, plus administrative costs, shall be imposed. The Respondents
are further ordered to contact the City of Boynton Beach Code Compliance
Division to arrange for reinspection of the property to verify compliance with this
order. Motion seconded by Vice Chair Hammer and unanimously carried.
Case #02-054 John C. Schneider
Property Address: 416 W. Boynton Beach Boulevard
Violation: Section 10-2 B.B.C. of Ord., Chapter 15,
Article IX-15-120 (D) 1, Inc. and Chapter 10, Article II, Section 10-26
(E); Please cease and desist the accumulation of trash, debris, bulk
waste items left on the property. Any items or debris left out for
more than 96 hours will result in fines. Repeat violation cases may
still be brought before the Code Compliance Board even if violations
have complied prior to the hearing.
Inspector Lewis stated that the property was originally cited on January 9, 2002
and noted that there have been problems in the past with the dumpster.
Dan Holthouse, 650 Castilla Lane, Boynton Beach, stated that he was the
rental agent for the property and was present on behalf of the owner. Mr.
Holthouse acknowledged that he has had a problem with people placing large
items next to the apartment building's dumpster. He tries to check the dumpster
on a daily basis to keep the area clean,
Inspector Lewis :requested that the Board issue a cease and desist order.
Chairman DeLiso explained what this would entail and that each time the
respondent was in violation of the order, a fine would be issued. Mr. Holthouse
inquired how much time he would have to dispose of the trash once he found it.
Inspector Lewis responded that the code allows for ninety-six hours or four (4)
days. The City charges for any additional trash pickups.
Motion
Vice Chair Hammer moved that John C. Schneider has violated the code
sections cited and based on the nature of the violations, Vice Chair Hammer
moved that a Cease and Desist Order beginning on February 19, 2002 be
imposed with a fine in the amount of $100 per reoccurrence of the violation.
Motion seconded by Mr. Foot and unanimously carried.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Motion
Mr. Foot moved to reconsider the motion. The motion to reconsider was
seconded by Vice Chair Hammer and unanimously carried.
Vice Chair Hammer moved to amend her motion to change the date to begin on
February 21,2002. Motion seconded by Mr. Foot and unanimously carried.
Case #01-3433 Marlene C. Dacey
Property Address: 118 NE 5th Avenue
Violation: Section 13-16 B.B.C. of Ord. and Chapter
15, Article IX-15-120 (D) Inc. An occupational license is required to rent
property. Also, please install sod in your yard.
Inspector Pierre stated that the case was originally cited on December 17, 2001.
The respondent is being cited for four different properties. Attorney Tolces stated
that each citation must be dealt with individually.
Marlene Dacey, 30 Cedar Circle, Boynton Beach, stated that the occupational
liCense has complied. The only item remaining was the sod. Ms. Dacey
requested 90 days. Chairman DeLiso asked to view photos of the property.
Inspector Pierre noted that the four properties cited are on the same street and
he agreed to 90 days, He also confirmed that the only violation remaining for all
four properties was the sod. All other violations have complied.
Motion
Based on the testimony and evidence presented in Case No. 01-3433, Mr. Foot
moved that this Board find, as a matter of fact and as a conclusion of law, that
Marlene C. Dacey is in violation of Chapter 15-Article IX-15-120 (D), Inc. of the
City Code of Ordinances. Mr. Foot moved to order that the Respondent correct
the violations on or before May 22, 2002. If the Respondent does not comply
with this Order, a fine in the amount of $25.00 per day, plus administrative costs,
shall be imposed. The Respondent is further ordered to contact the City of
Boynton Beach Code Compliance Division to arrange for reinspection of the
property to verify compliance with this order. Motion seconded by Mr. Foot and
unanimously carried.
Case #01-3435 Marlene C. Dacey
Property Address: 122 NE 5th Avenue
Violation: Section 13-16 B.B.C. of Ord.; Chapter 15,
Article IX-15-120 (D) Inc. and 120 (E) 2C; Please remove all trash and install
sod in yard. Replace or repair all screened windows; an occupational
license is required.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Inspector Pierre stated that the case was originally cited on December 17, 2001
and that all violations have complied except for the sod.
Ms. Dacey pled no contest.
Motion
Based on the testimony and evidence presented in Case No. 01-3435, Mr. Foot
moved that this Board find, as a matter of fact and as a conclusion of law, that
Madene C. Dacey is in violation of Chapter 15-Article IX-15-120 (D), Inc. of the
City Code of Ordinances. Mr. Foot moved to order that the Respondent correct
the violations on or before May 22, 2002. 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 #01-3437 Marlene C. Dacey
Property Address: 136 NE 5th Avenue
Violation: Chapter 15, Article IX-15-120 (D) Inc.
remove all trash and install sod in bare areas.
Please
Inspector Pierre stated that the case was originally cited on December 17, 2001.
Ms. Dacey pled no contest.
Motion
Based on the testimony and evidence presented in Case No. 01-3437, Mr. Foot
moved that this Board find, as a matter of fact and as a conclusion of law, that
Marlene C. Dacey is in violation of Chapter 15-Article IX-15-120 (D), Inc. of the
City Code of Ordinances. Mr. Foot moved to order that the Respondent correct
the violations on or before May 22, 2002. 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 #01-3438 Marlene C. Dacey
Property Address: 144 NE 5th Avenue
Violation: Chapter 15, Article IX-15-120 (D) Inc.
de-weed yard and install sod to comply with City Codes
Please
Inspector Pierre stated that the case was originally cited on December 17, 2001.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Ms. Dacey pled no contest.
Motion
Based on the testimony and evidence presented in Case No. 01-3438, Mr.
Miriana moved that this Board find, as a matter of fact and as a conclusion of
law, that Marlene C. Dacey is in violation of Chapter 15-Article IX-15-120 (D), Inc.
of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent
correct the violations on or before May 22, 2002. 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 unanimously carried.
Case #02-045 H.L. and Ellen Razz
Property Address: 418 NW 8th Avenue
Violation: Chapter 15, Article IX-15-120 (D) Inc. and
120 (E) 2A. Please sod your yard. Also de-weed driveway. Add shelirock or
extend your driveway. Replace all broken windows.
Inspector Pierre stated that the case was originally cited on January 8, 2002
through routine inspection.
Ellen Razz, 418 NW 8th Avenue, Boynton Beach, pled not contest and stated
that the window has been fixed. Ms. Razz requested 60 days for the sod and to
repair the driveway. Chairman DeLiso requested to view the photographs.
Motion
Based on the testimony and evidence presented in Case No. 02-045, Mr. Foot
moved that this Board find, as a matter of fact and as a conclusion of law, that
H.L. and Ellen Razz are is in violation of Chapter 15-Article IX-15-120 (D), Inc. of
the City Code of Ordinances. Mr. Foot moved to order that the Respondents
correct the violations on or before April 22, 2002. If the Respondents do not
comply with this Order, a fine in the amount of $25.00 per day, plus
administrative costs, shall be imposed. The Respondents are further ordered to
contact the City of Boynton Beach Code Compliance Division to arrange for
reinspection of the property to verify compliance with this order. Motion seconded
by Mr. Miriana and unanimously carried.
Case #02-129 B.F. Colebrook
Property Address: 410 NW 3rd Street
Violation: Chapter 15, Article IX-15-120 (D) Inc., 120
(E) 2A, PT 3 - LDR, Chapter 20-VIII, Section I.G and SBC '97 Edition 103.5.
Dwelling unit does not meet minimum standards governing the conditions
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
of the structure: (1) dwelling is unsanitary; (2) repair all outlets and install
covers; (3) repair all holes; (4) repair or replace kitchen cabinets and sink;
(5) remove all trash and debris from property; (6) repair all electrical boxes;
(7) repair all plumbing fixtures to working order; (8) replace all broken
windows and screens; (9) mow and trim backyard; (10) fumigate for
infestation; and (11) paint interior of unit.
Inspector Pierre stated that the property was originally cited on January 17, 2002.
Ben Colebrook, 410 NW 3rd Street, Boynton Beach, pled no contest and
asked for four months. Chairman DeLiso requested to view the photographs.
Inspector Pierre stated that the house was unlivable and has been blocked off.
The respondent cannot enter the house until it is made livable. Chairman DeLiso
felt that more than four months would be necessary to make the property
habitable,
Motion
Based on the testimony and evidence presented in Case No. 02-129, Mr. Foot
moved that this Board find, as a matter of fact and as a conclusion of law, that
B.F. Colebrook is in violation of Chapter 15-Article IX-15-120 (D), Inc. and 120
(E) 2A of the City Code of Ordinances and PT3-LDR, Chapter 20-VIII, Section
1.G and SBC '97 Edition 103.5. Mr. Foot moved to order that the Respondent
correct the violations on or before August 21, 2002. If the Respondent does not
comply with this Order, a fine in the amount of $250.00 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.
Msl Zibelli noted that the condition of the house was deplorable and questioned
how the respondent could afford a fine of $250.00 per day. The respondent said
that he had the funds to fix up the property.
The motion carried 5-2 (Chairman DeLiso and Ms. Zibelli dissenting).
VI. OLD BUSINESS
LIEN PENALTY CERTIFICATIONS (tabled)
Case #01-1191
The Crossings of Boynton Beach 35 Crossings Circle #A
Chairman DeLiso excused himself from this case.
Inspector Cain stated that the property was cited on May 29, 2001 for violations
of the Standard Building Code. The respondent appeared at the September 19,
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
2001 hearing date. A compliance date of October 15, 2001 was set or be fined
$25.00 per day. The property is not yet in compliance.
Victor Gent, representing The Crossings of Boynton Beach, was present and
stated that there has been a complete change in the Board of Directors due to
the code violations. The new Board of Directors just took over on December 20,
2001 and was unable to locate the records to determine what repairs were
necessary. He requested that they be informed of exactly what the property was
being cited for. The respondent stated that he learned that there were 41 original
violations and that 31 have been repaired or replaced ]by the previous Board of
Directors. According to the list furnished to him by the City, there are only nine
units remaining that are in need of repair, but he is not certain what those repairs
are.
Attorney Tolces pointed out that the fine should be certified or that the case
should be tabled. Mr. Rossi said that he had seen photographs of the stairways
that were in need of repair at the prior meeting and felt that the condition of the
stairs was dangerous and reprehensible. He requested that the case not be
tabled and that the fine be certified. Mr. Gent responded that the stairs to which
Mr. Rossi referred have been repaired.
Motion
Mr. Miriana moved that Case No. 01-1191 be tabled until the Code Compliance
Board Meeting to be held on March 20, 2002. Motion seconded by Mr. Foot.
Motion carried 4-2 (Mr. Rossi and Ms. Zibelli dissenting).
Case #01-832
Peter & Barbara Johnson
2404 SW 4th St.
Inspector Roy stated that the property was cited on April 9, 2001 fo~" permit
required. No one appeared at the June 20, 2001 Code Compliance Board
Hearing. A compliance date of July 2, 2001 was set or be fined $25.00 per day.
The property is not yet in compliance. The City recommends tabling the case.
The respondent is working diligently with the Building Division to bring the
property into compliance.
Motion
Vice Chair Hammer moved that Case No. 01-832 be tabled until the Code
Compliance Board Meeting to be held on March 20, 2002. Motion seconded by
Mr. Foot and unanimously carried.
Case #01-1951
Josephine Daffin
315 NW 10th Ave.
Inspector Webb stated that the notice of violation was dated August 3, 2001 for
violation of the Community Appearance Code. No one appeared at the
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
November 21, 2001 Code Compliance Board Hearing. A compliance date of
December 21, 2001 was set or be fined $25.00 per day. The property is not yet
in compliance.
Josephine Daffin, 315 NW 10th Avenue, Boynton Beach, assumed the
podium. Mr. Foot noted that the minutes stated that the case be tabled until the
March 20, 2002 meeting and questioned why the case was on tonight's agenda.
Inspector Webb reported that the tree has been cut down and the grass is
growing.
Motion
Vice Chair Hammer moved that Case No. 01-1951 be tabled until the Code
Compliance Board Meeting to be held on March 20, 2002. Motion seconded by
Mr. Foot and unanimously carried.
Case #01-1334
Lake Worth Christian School
7592 High Ridge Rd.
Inspector Cain stated that the notice of violation was dated June 7, 2001 for
violations of the Standard Building Code. No one appeared at the November 21,
2001 Code Compliance Board Hearing. A compliance date of January 21, 2002
was set or be fined $25.00 per day. The property is not yet in compliance.
Richard Harris was present to represent the respondent. He reported that they
have been working with the Planning Division to get the case resolved and that
the necessary plans have been submitted. A permit for the installation of the air
conditioning has been received and the only item remaining is the inspection.
Motion
Vice Chair Hammer moved that Case No. 01-1334 be tabled until the Code
Compliance Board Meeting to be held on March 20, 2002. Motion seconded by
Mr. Foot and unanimously carried.
Case #01-1450
Suau Enterprises, Inc.
10218 Allamanda Blvd.
West Palm Beach, FL 33410
2360 N, Federa~ Hwy.
Inspector Cain stated that the notice of violation was dated June 18, 2001 for
violation of the Land Development Regulations. No one appeared at the
September 19, 2001 Code Compliance Board Hearing. A compliance date of
January 14, 2002 was set or be fined $25.00 per day. The property is not yet in
compliance.
Berle Kruger, 9 NE 16th Street, Delay Beach stated he was a planner that has
been working on the project for seven months. The property involved is the
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, :~002
Texaco Gas Station on North Federal Highway. The owner of the property has
been storing cases of soda in a container located in back of the property, which
is illegal. The property behind the gas station is going through site plan approval
and when comPlete, it will contain a storage building. Mr. Kruger thought that the
issue had been Settled since the City Commission approved the site plan on
January 15, 20021 Mr. Kruger said that he spoke with Mr. Blasie the night of the
approval. Mr. Blasie requested that he come to tonight's meeting and explain the
situation. Mr. Kruger requested that the case be extended until the new building
is put up which Will take approximately nine months. Mr. Foot did not think that
the case should be tabled for nine months and that the Board wait to speak with
Mr. Blasie at next month's meeting.
Inspector Cain reported that the violation came from the Fire Department and
deals not only with the storage of sodas, but involves a tractodtrailer box, which
sits on wheels. Inspector Cain said that Mr. Rumpf informed him that the
respondent would not be able to add a storage unit to the car wash. Mr. Kruger
wou~d be meeting with the City Attorney to discuss this. Mr. Kruger requested
the case be tabled for one month in order to allow Mr. Blasie to present his
version of the case.
Motion
Vice Chair Hammer moved that Case No. 01-1450 be tabled until the Code
Compliance Board Meeting to be held on March 20, 2002. Motion seconded by
Ms. Zibelli and unanimously carried.
Case #01-2541
Selena Gibson
200 Miner Road
Inspector Guillaume stated that the notice of violation was dated September 24,
2001 for violation of the Standard Building Code. The respondent appeared at
the November 21, 2001 Code Compliance Board Hearing. A compliance date
was set for January 14, 2002 or be fined $25.00 per day. The property is not yet
in compliance.
Selena Gibson, 200 Miner Road, Boynton Beach, said that they have applied
for all the necessary permits and are waiting for the results of the review. Staff
recommended tabling the case for 30 days.
Motion
Mr. Miriana moved that Case No. 01-2541 be tabled until the Code Compliance
Board Meeting to be held on March 20, 2002. Motion seconded by Mr. Foot and
unanimously carried.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Case #01-2928
First Union National Bank
1675 Palm Beach Lakes Blvd.
West Palm Beach, FL 33401
3031E. Palm Dr.
Inspector Laverdure stated that the notice of violation was dated October 29,
2001 for violations of the Land Development Regulations and the Community
Appearance Code. No one appeared at the December 19, 2001 Code
Compliance Hearing. A compliance date of January 18, 2002 was set or ~)e fined
$50.00 per day. The property complied on February 15, 2002 for 27 days of non-
compliance. The City recommends no fine because the Bank sold the house
without the new owner being aware of any violations. When the new owners
were advised of the violations, they immediately brought the property into
compliance.
Motion
Based on the testimony and evidence presented in Case No. 01-2928, Mr. Foot
moved that this Board find, as a matter of fact, that the Respondent, First Union
National Bank was in violation of Code Sections Chapter 15, Article IX-15-120
(D) 1, Inc. and PT3-LDR, Chapter 2, Section 4.J.1, subsequent to the date of
compliance specified in this Board's Order of December 19, 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 $0 fine, including $0 for
administrative costs. Motion seconded by Ms. Zibelli and unanimously carried.
Case #01-2397
Gracie Denson
220 NW 6th Avenue
Inspector Webb stated that the notice of violation was dated September 6, 2001
for violations of the Community Appearance Code. The respondent appeared at
the October 17, 2001 Code Compliance Board Hearing. A compliance date of
January 2, 2002 was set or be fined $25.00 per day. The property is not yet in
compliance. Inspector Webb noted that there was a letter in the file from
Commissioner McCray requesting that the Board give Ms. Denson assistance in
whatever she requests.
Gracie Denson, 220 NW 6th Avenue, Boynton Beach, said that she has not
moved the car and as soon as her son is released from prison, the car will be
moved. The shed has been removed. Chairman DeLiso inquired when Ms.
Denson's son would be released and she thought sometime in August.
Mr. Foot pointed out that the fine continues to accrue and if the respondent
waited until August to remove the vehicle, the fine would become excessive. Ms.
Denson said that she cannot remove the car until her son comes home.
14
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Motion
Vice Chair Hammer moved that Case No. 01-2397 be tabled until the Code
Compliance Board Meeting to be held on September 18, 2002. Motion seconded
by Mr. Miriana. Motion carried 6-1 (Mr. Foot dissenting).
Case #01-2148
Bias Leandro
324 NW 7th Court
Mr. Leandro was administered the oath by the Recording Secretary.
Inspector Pierre reported that the case was cited on August 16, 2001. No one
appeared at the November 21, 2001 Code Compliance Board Hearing. A
compliance date of December 17, 2001 was set or be fined $25.00 per day. The
property complied on February 15, 2002 for 59 days of non-compliance. The
City recommends no fine.
Mr. Foot inquired why the City was recommending no fine. Inspector Pierre
noted that when Mr. Leandro appeared at the last Code Board meeting, the
Board advised Inspector Pierre to meet with Mr. Leandro to explain the violations
to him. The respondent fully cooperated and brought the property into
compliance.
Motion
Based on the testimony and evidence presented in Case No. 01-2148, Mr. Foot
moved that this Board find, as a matter of fact, that the Respondent, Bias
Leandro, was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1,
Inc., subsequent to the date of compliance specified in this Board's Order of
November 21, 2001. Mr. Foot moved that this Board find that the Respondent
failed to comply with this Board's Order and that this Board impose and certify $0
fine, inclUding $0 for administrative costs. Motion seconded bY Mr. Miriana and
unanimously carried.
NEW BUSINESS
CASES TO BE HEARD
Case #01-2582
Property Address:
Violation:
Francois Mercidieu and P. Lewis
2300 N. Seacrest Blvd.
Chapter 15, Article IX-15-120 (D) .lA;
Vehicle must be registered and operable or
must be removed from property.
Inspector Cain presented the case. The property was cited on SePtember 28,
2001 and the City recommends March 22, 2002 as a compliance date.
15
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Motion
Based on the testimony and evidence presented in Case No. 01-2582, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Francois Mercidieu and P. Lewis, are in violation of Code
Section Chapter 15, Article IX-15-120 (D) .IA of the City Code of Ordinances.
Vice Chair Hammer moved to order that the Respondents correct the violations
on or before March 22, 2002. If the Respondents do not comply with this Order,
a fine in the amount of $25.00 per day, plus administrative costs, shall be
imposed. The Respondents are further ordered to contact the City of Boynton
Beach Code Compliance Division to arrange for reinspection of the property to
verify compliance with this Order. Motion seconded by Ms. Zibelli and
unanimously carried.
Case #01-3147
Property Address:
Violation:
Richard M. Gould
11 Cedar Circle
SBC '97 Edition 104.6.1; Permit #00-1583
has expired, see copy of "red tag" dated
August 24, 2001.
Inspector Cain presented the case. The property was originally cited on
November 16, 2001. The City recommends March 22, 2002 as the compliance
date.
Motion
Based on the testimony and evidence presented in Case No. 01-3147, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Richard M. Gould is in violation of the Standard Building
Code '97 Edition 104.6.1. Vice Chair Hammer moved to order that the
Respondent correct the violations on or before March 22, 2002. If the
Respondent does not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs, shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Foot and unanimously carried.
Case #01-3471
Property Address:
Violation:
Thorne Green
73 Meadows Drive
SBC '97 Edition 103.5. This building is
unsafe, unsanitary and its use or
occupancy has been prohibited by the
Building Official.
16
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Insp,gctor Cain presented the case. The property was originally cited on
December 19, 2001. The City recommends March 22, 2002 as the compliance
date.
Motion
Based on the testimony and evidence presented in Case No. 01-3471, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Thorne Green is in violation of the Standard Building Code
'97 Edition 103.5. Vice Chair Hammer moved to order that the Respondent
correct the violations on or before March 22, 2002. 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. Zibelli and unanimously carried.
Case #01-2906
PropertY Address:
Violation:
Hattie S. Ellis
139 NE 15th Avenue
Chapter 15, Article IX-15-120 (D), Inc.;
Remove all loose papers, bottles and trash;
install grass in swale where bare spots
Occur.
Inspector Laverdure presented the case and stated the property was originally
cited on October 26, 2001. The City recommends March 22, 2002 as the
compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-2906, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Hattie S. Ellis is in violation of Code Sections Chapter 15,
Article IX-15-120 (D), Inc. of the City Code of Ordinances. Vice Chair Hammer
moved to order that the Respondent correct the violations on or before March 22,
2002. 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 Respondient 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 #01-3181
Property Address:
ViOlation:
Tanya Hearst-Williams
1551 NW 2nd Lane
Sections 14-3 and 15-16 of the B.B.C. of
Ord.; Remove all your trucks. Trucks over
one ton are not allowed in a residential
17
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
zone or in right-of-way. Install number on
house visible from the street.
Inspector Cain presented the case and stated the oversize truck has complied.
The only violation; remaining is the house number. The City recommends March
22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3181, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Tanya Hearst-Williams is in violation of Sections 14-3 and
15-16 of the B.B.C. of Ordinances. Vice Chair Hammer moved to order that the
Respondent correct the violations on or before March 22, 2002. 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 #01-3360
Property Address:
Violation:
Daniel Jerome
1621 NW 1st Court
Chapter 15, Article IX-15-120 (D), Inc.;
Remove, repair and/or register all your
motor vehicles; remove all loose trash from
property.
Inspector Cain stated that the property was originally cited on December 7, 2001.
The City recommended March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3360, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Daniel Jerome is in violation of Code Sections Chapter 15,
Article IX-15-120 (D), Inc. of the City Code of Ordinances. Vice Chair Hammer
moved to order that the Respondent correct the violations on or before March 22,
2002. If the Respondent does not comply with this Order, a fine in the amount of
$25.00 per day, plus administrative costs, shall be imposed. The Respondent is
further ordered to contact the City of Boynton Beach Code Compliance Division
to arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Miriana and unanimously carried.
18
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Case #01-3353
Property Address:
Violation:
Willie J. & Olivia Smi~ey
170 NW 14th Avenue
Chapter 15, Article IX-15-120 (D) .lA.;
Remove, repair and/or register your white
Chevrolet Geo.
Inspector Cain reported that the case has complied and requested that it be
removed.
Motion
Vice Chair Hammer moved that Case #01-3353 be removed. Motion seconded
by Ms. Zibelli and unanimously carried.
Case #01-2701
Property Address:
Violation:
R.A. Realty (Berry Veal Corp.)
1421 Neptune Drive
SBC '97 Edition 104.1.1 and 104.7.5; Permit
and inspections required for office area;
see copy of "red tag" dated August 15,
2002.
Inspector Roy stated that the property was originally cited on October 9, 2001.
The City recommends March 22, 2002 for compliance.
Motion
Based on the testimony and evidence presented in Case No. 01-2701, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that R.A. Realty (Berry Veal Corp.) is in violation of the SBC
'97 Edition 104.1.1 and 104.7.5. Vice Chair Hammer moved to order that the
Respondent correct the violations on or before March 22, 2002. 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. Zibelli and unanimously carried.
Case #01-2962
Property Address:
Violation:
Jean-Pierre Messeroux
158 SE 28th Court
Chapter 15, Article IX-15-120 (D), Inc.; Sod
required on west side of driveway; remove
loose articles from side of house.
Inspector Roy stated that the property was originally cited on October 30, 2001.
The City recommends March 22, 2002 as the compliance date.
19
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February20,2002
Motion
Based on the testimony and evidence presented in Case No. 01-2962, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Jean-Pierre Messeroux is in violation of Code Sections
Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Vice
Chair Hammer moved to order that the Respondent correct the violations on or
before March 22, 2002. 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. Zibelli and unanimously
carried.
Case #01-2965
Property Address:
Violation:
Frederick & Shirley S. Rothrock
179 SE 28th Avenue
Chapter 15, Article IX-15-120 (D), Inc.; Sod
required in front yard; remove any
unregistered or inoperable cars.
Inspector Roy stated that the property was originally cited on October 30, 2001.
The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-2965, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Frederick and Shirley S. Rothrock are in violation of Code
SectionS Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances.
Vice Chair Hammer moved to order that the Respondent correct the violations on
or before March 22, 2002. If the Respondents do not comply with this Order, a
fine in the amount of $25.00 per day, plus administrative costs, shall be imposed.
The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Mr. Foot and unanimously
carried.
Case #01-3021
Property Address:
Violation:
1420 Holdings LLC (Sheraton Rug)
1420 SW 30TM Avenue
NFPA 13, Chapter 5; Sprinkler heads must
be added to office space.
Inspector Roy stated that the property was originally cited on November 2, 2001.
The City recommends March 6, 2002 as the compliance date.
2O
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Motion
Based on the testimony and evidence presented in Case No. 01-3021, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that 1420 Holdings LLC (Sheraton Rug) are in violation of
NFPA 13 Chapter 5. Vice Chair Hammer moved to order that the Respondent
correct the violations on or before March 6, 2002. If the Respondents do not
comply with this Order, a fine in the amount of $25.00 per day, plus
administrative costs, shall be imposed. The Respondents are further ordered to
contact the City of Boynton Beach Code Compliance Division to arrange for
reinspection of the property to verify compliance with this Order. Motion
seconded by Mr. Miriana and unanimously carried.
Case #01-3112
Property Address:
Violation:
Martin and Mary V. Stein
11 Estate Drive
SBC '97 Edition 105.6; Permit #01-1601;
Required inspections - see copy of "red
tag" dated October 19, 2001.
Inspector Roy stated that the property was cited on November 13, 2001. The
City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3112, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Martin and Mary V. Stein are in violation of SBC '97
Edition 105.6. Vice Chair Hammer moved to order that the Respondents correct
the violations on or before March 22, 2002. If the Respondents do not comply
with this Order, a fine in the amount of $25.00 per day, plus administrative costs,
shall be imposed. The Respondents are further ordered to contact the City of
Boynton Beach Code Compliance Division to arrange for reinspection of the
property to verify compliance with this Order. Motion seconded by Mr. Foot and
unanimously carried.
Case #01-3374
Property Address:
Violation:
John T. and Gail L. Yeager
1220 SW 25th Place
Section 14-3 B.B.C. of Ord.; Trucks over 1
ton prohibited in residential zone
Inspector Roy stated that the case was originally cited on December 4, 2001.
The City recommends March 2, 2002 as the compliance date and that this Board
issue a cease and desist order.
21
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Attorney Tolces requested that there be two separate motions. The first motion
should be for the violation and the second motion would be for a cease and
desist order.
Motion
Based on the testimony and evidence presented in Case No. 01-3374, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that John T. and Gail L. Yeager are in violation of Section 14-3
B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondents
correct the violations on or before March 2, 2002. If the Respondents do not
comply with this Order, a fine in the amount of $25.00 per day, plus
administrative costs, shall be imposed. The Respondents are further ordered to
contact the City of Boynton Beach Code Compliance Division to arrange for
reinspection of the property to verify compliance with this Order. Motion
seconded by Mr. Miriana and unanimously carried.
Motion
Vice Chair Hammer made a motion finding that John T. and Gail L. yeager have
violated Section 14-3 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 March 2, 2002, be imposed with a fine in the amount of $25.00 per
reoccurrence of the violation. Motion seconded by Mr. Miriana and unanimously
carried.
Case #01-3382
Property Address:
Violation:
Fontana Plaza, Ltd.
3629 S. Federal Highway
SBC '97 Edition 104.1.1 and 104.7.5; See
copy of "red tag" dated November 29, 2001.
Inspector Roy stated that the case was originally cited on December 3, 2001.
The City recommends March 2, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3382, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Fontana Plaza, Ltd. is in violation of SBC '97 Edition
104.1.1 and 104.7.5. Vice Chair Hammer moved to order that the Respondent
correct the violations on or before March 2, 2002. 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.
22
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February20,2002
Case #01-2034
Property Address:
Violation:
Raymond and Linda Murphy-Torres
2541 N. Seacrest Blvd.
PT 3 - LDR, Chapter 20-VIII, Section I.G;
Vacant house is unsecured; please secure
all doors and windows to prevent
unauthorized entry and vandalism.
Inspector Guillaume stated that the case was cited on August 9, 2001. The City
recommends March 6, 2002 as the compliance date. The respondents are
repeat violators.
Motion
Based on the testimony and evidence presented in Case No. 01-2034, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Raymond and Linda Murphy Torres are in violation of PT3
of the LDR, Chapter 20-VIII, Section 1.G. Vice Chair Hammer moved to order
that the Respondent correct the violations on or before March 6, 2002. 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.
Motion seconded by Mr. Miriana and unanimously carried.
Case #01-3479
Property Address:
Violation:
Linda Murphy-Torres
101 NE 27th Avenue
Chapter 15, Article IX-15-120 (D) 1, Inc.;
Please mow overgrown grass in yard and
swale; storage of unlicensed/inoperable
vehicles not allowed on residential
property.
Inspector Guillaume stated that the case was cited on December 20, 2001. The
City recommends March 6, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3479, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Linda Murphy-Torres is in violation of Code Sections
Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Vice
Chair Hammer moved to order that the Respondent correct the violations on or
before March 6, 2002. 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
23
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Mr. Miriana and carried 6-1 (Mr.
Foot dissenting).
Case #01-3144
Property Address:
Violation:
Rubens & Ivanilda Santos
490 Miner Road
Chapter 15, Article IX-15-120 (D) 1, Inc.;
Storage of unlicensed and inoperable
vehicles not allowed on residential
property; install sod in the dead areas of
yard and also keep vehicles off the grass.
Inspector Guillaume stated that the case was cited on November 16, 2001. The
City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3144, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Rubens and Ivanilda Santos are in violation of Code
Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordillances.
Vice Chair Hammer moved to order that the Respondents correct the violations
on or before March 22, 2002. If the Respondents do not comply with this Order,
a fine in the amount of $25.00 per day, plus administrative costs, shall be
imposed. The Respondents are further ordered to contact the City of Boynton
Beach Code Compliance Division to arrange for reinspection of the property to
verify compliance with this Order. Motion seconded by Ms. Zibelli and
unanimously carried.
Case #01-3504 CitiMortgage, Inc.
Property Address: 2891 NE 5th Court
Violation: Section 13-16 B.B.C. of Ord., Chapter 15,
Article IX-15-120 (D) 1, Inc. and 120 (E) 2A; Every rental unit used for
residential purposes in the City must be licensed; house paint deteriorated;
house doors, bike parts, batteries must be disposed of properly; fence
deteriorated and must be repaired properly or removed. Install sod in the
dead areas of yard and swale.
Inspector Guillaume stated that the case was cited on December 27, 2001. The
City recommends April 20, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3504, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that CitiMortgage, Inc. is in violation of Code Sections 13-16
24
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
B.B.C. of Ord., Chapter 15, Article IX-15-120 (D) 1, Inc. and 120 (E) 2A of the
City Code of Ordinances. Vice Chair Hammer moved to order that the
Respondent correct the violations on or before April 20, 2002. 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. Motion
seconded by Ms. Zibelli and carried 6-1 (Mr. Foot dissenting).
Inspector Guillaume noted that the property is vacant and Section 13-16 does not
apply.
Case #01-3022
Property Address:
Violation:
Dale Beapot
203 NE 1'1th Avenue
SBC '97 Edition 104.1.1; permit required for
chain link fence.
Inspector Webb stated that the property was originally cited on November 2,
2001 through routine neighborhood inspection. Service was obtained by posting.
The City recommends March 2, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3022, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Dale Beapot is in violation of the SBC '97 Edition 104.1.1.
Vice Chair Hammer moved to order that the Respondent correct the violations on
or before March 2, 2002. 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. Zibelli and unanimously
carried.
Case #01-3305
Property Address:
Violation:
Dale Beapot
203 NE 11th Avenue
Chapter 15, Article IX-15-120 (D) .lA;
abandoned, inoperable or wrecked vehicles
cannot be stored on residential property.
Inspector Webb stated that the property was originally cited on November 30,
2001 through routine neighborhood inspection. Service was obtained by posting.
The City recommends March 2, 2002 as the compliance date.
25
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February20,2002
Motion
Based on the testimony and evidence presented in Case No. 01-3305, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Dale Beapot is in violation of Code Sections Chapter 15,
Article IX-15-120 (D) .lA of the City Code of Ordinances. Vice Chair Hammer
moved to order that the Respondent correct the violations on or before March 2,
2002. 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. Zibelli and unanimously carried.
Case #01-3242
Property Address:
Violation:
William S. Jenkins
612 NE 7th Avenue
Section 13-16 B.B.C. of Ord., Chapter 15,
Article IX-15-120 (D) .lA; Remove trash and
debris, pallets, tire, concrete; remove non-
permitted shed; Also, an occupational
license is required for rental property.
Inspector Webb stated that the case was originally cited on November 28, 2001
through routine neighborhood inspection. Service was obtained by certified mail.
The City recommends March 2, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3242, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that William S. Jenkins is in violation of Code Sections 13-16
B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) .lA of the City Code of
Ordinances. Vice Chair Hammer moved to order that the Respondent correct the
violations on or before March 2, 2002. 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. Zibelli and
unanimously carried.
Case #01-3383
Property Address:
Violation:
Karl Hoffman
626 NE 7th Avenue
SBC '97 Edition 104.6.1; Permit #98~4630-
See copy of "red tag" dated December 4,
2001.
26
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Inspector Webb stated that the case was originally cited on December 11, 2001.
Service was made by posting and the City recommends March 2, 2002 as the
compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3383, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Karl Hoffman is in violation of the SBC '97 Edition 104.6.1.
Vice Chair Hammer moved to order that the Respondent correct the violations on
or before March 2, 2002. 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. Zibelli and unanimously
carried.
Case #01-3387
Property Address:
Violation:
Seashore Industries., Inc.
513 N. Federal Highway
SBC '97 Edition 104.1.1,105.6 and PT3-LDR,
Chapter 23, Article I1. O; Parking lot repair
work was never permitted and no
inspection was done; please obtain proper
permits and inspections for parking lot
repair work.
Inspector Webb stated that the property was originally cited on December 11,
2001. through a citizen's complaint. Service was obtained by hand carry. The
City recommends March 22, 2002 for compliance.
Motion
Based on the testimony and evidence presented in Case No. 01-3387, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Seashore Industries, Inc. is in violation of the SBC '97
Edition 104.1.1, 105.6 and PT 3-LDR, Chapter 23, Article II. O. Vice Chair
Hammer moved to order that the Respondent correct the violations on o~r before
March 22, 2002. 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. Zibelli and unanimously
carried.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Case #02-104
Property Address:
Violation:
Rome and Valcina B. Augustin
818 N. Federal Highway
SBC '97 Edition 104.1.1 and 104.7.5; Permit
application #00-4569; work prior to
issuance of permit, see copy of "red tag"
dated March 7, 2001.
Inspector Webb stated that the case was originally cited on January 16, 2002.
Service was obtained by certified mail. The City recommends March 2, 2002 for
compliance.
Motion
Based on the testimony and evidence presented in Case No. 02-104, Vice Chair
Hammer moved that this Board find, as a matter of fact and as a conclusion of
law, that Rome and Valcina B. Augustin are in violation of the SBC '97 Edition
104.1.1 and 104.7.5. Vice Chair Hammer moved to order that the Respondent
correct the violations on or before March 2, 2002. 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. Zibelli and unanimously carried.
Case #01-2683
Property Address:
Violation:
Angel & Emma Quinapallo
418 SW 7th Avenue
SBC '97 Edition 105.6 and 104, Inc. Permit
#00-2041 no inspections - See copy of "red
tag" dated October 3, 2001.
Inspector Lewis stated that the case was originally cited on October 8, 2001.
The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-2683, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Angel and Emma Quinapallo are in violation of the SBC
'97 Edition 105.6 and 104, Inc. Vice Chair Hammer moved to order that the
Respondent correct the violations on or before March 22, 2002. 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. Zibelli and unanimously carried.
28
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Case #01-2810
Property Address:
Violation:
Mary G. Weiss
321 SW 10th Avenue
Section 10-2 B.B.C. of Ord. and Chapter 15,
Article IX-15-120 (D) 11, Inc.; Please mow and
de-weed yard areas (front, rear and sides);
driveway apron needs to be maintained
weed free; sod needs to be planted in dead
areas of the front yard.
Inspector Lewis stated that the case was originally cited on October 24, 2001.
The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-2810, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Mary G. Weiss. is in violation of the Code Sections 10-2
B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of
Ordinances. Vice Chair Hammer moved to order that the Respondent correct the
violations on or before March 22, 2002. 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 #01-2880
Property Address:
Violation:
Albanado and Cedieu Myrtil
301 SW 6th Avenue
Chapter 15, Article IX-15-120 (D) 1,
Please re-sod mulched parking area.
Inc.;
Inspector Lewis stated that the case was originally cited on October 25, 2001.
The City recommends March 22, 2001 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-2880, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Albandado and Cedieu Myrtil are in violation .of Code
Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances.
Vice Chair Hammer moved to order that the Respondents correct the violations
on or before March 22, 2002. If the Respondents do not comply with this Order,
a fine in the amount of $25.00 per day, plus administrative costs, shall be
imposed. The Respondents are further ordered to contact the City of Boynton
Beach Code Compliance Division to arrange for reinspection of the property to
29
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
verify compliance with this Order. Motion seconded by Mr. Miriana and
unanimously carried.
Case #01-3275 Joseph Wesner
Property Address: 138 SW 10TM Avenue
Violation: Chapter 15, Article IX-15-120 (D) 1, Inc. and 10-52 B.B.C.
of Ord.; Please remove all unregistered/inoperative vehicles from the
property and all trash and debris. Yard needs overgrown weeds and
grass mowed and trimmed; sod needed in dead areas to establish a
lawn.
Inspector Lewis stated that the case was cited on November 29, 2001. The City
recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3275, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Joseph Wesner is in violation of Code Sections Chapter
15, Article IX-15-120 (D) 1, Inc. and 10-52 B.B.C. of Ordinances. Vice Chair
Hammer moved to order that the Respondent correct the violations on or before
March 22, 2002. 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 M. Zibelli and unanimously
carried.
Case #01-3280
Property Address:
Violation:
Carlos A. and Leonor A. Perez
115 NE 4th Avenue
Chapter 15, Article IX-15-120 (D) .lA and
120 (D) .lB; Please de-weed and sod all bar
areas. Also, remove all loose trash.
Driveway needs to be repaired or replaced.
Inspector Pierre stated that the case was originally cited November 29, 2001
through routine inspection. Service was made by posting. The City recommends
March 22, 2002 as the compliance date.
Motion
Based on the testimony and eVidence presented in Case No. 01-3280, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Carlos A. and Leonor A. Perez are in violation of Code
Sections Chapter 15, Article IX-15-120 (D) .lA and 120 (D) .lB of the City Code
of Ordinances. Vice Chair Hammer moved to order that the Respondents
30
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
correct the violations on or before March 22, 2002. If the Respondents do not
ComPly with this Order, a fine in the amount of $25.00 per day, plus
administrative costs, shall be imposed. The Respondents are further ordered to
contact the City of Boynton Beach Code Compliance Division to arrange for
reinspection of the property to verify compliance with this Order. Motion
seconded by Mr. Foot and unanimously carried.
Case #02-3537 Katrina L. Stewart
Property Address: 119 NW 3rd Avenue
Violation: Chapter 15, Article IX-15-'120 (D), Inc.
Unregistered and inoperable vehicles are not allowed in residential
area. Please remove vehicle in carport including trailer. Sod bare
spots in yard.
Inspector Pierre stated that the case was cited on January 4, 2002 through
routine inspection. The City recommends March 22, 2002 as the cornpliance
date.
Motion
Based on the testimony and evidence presented in Case No. 02-3537, Vice
Chair Hammer moved that this Board find, as a 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. Vice Chair
Hammer moved to order that the Respondent correct the violations on or before
March 22, 2002. 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 #01-2246
Property Address:
Violation:
Arthur A. Amisial
160 N. Palm Drive
Chapter 15, Article IX-15-120 (D) 1.D and 10-
2 B.B.C. of Ord.; Please de-weed and re-sod
your yard with grass to comply with City
Code.
Inspector Laverdure stated that the case was originally cited on August 28, 2001
through routine inspection. The City recommends March 22, 2002 as the
compliance date.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Motion
Based on the testimony and evidence presented in Case No. 01-2246, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Arthur A. Amisial is in violation of Code Sections Chapter
15, Article IX-15,120 (D) 1.D and 10-2 B.BiC. of Ordinances. Vice Chair
Hammer moved to order that the Respondent correct the violations on or before
March 22, 2002. 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 #01-2796
Property Address:
Violation:
Marie Benjamin
3185 Ocean Pkwy.
PT 3- LDR, Chapter 2, Section 5.E. The
house you live in is zoned R-l, single-family
residence. You cannot rent your home and
live in a separate part of your house.
Inspector Laverdure stated that the case was originally cited on October 24, 2001
through a complaint from the Police Department. The City recommends March
22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-2796, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Marie Benjamin is in violation of PT 3-, LDR, Chapter 2,
Section 5.E. Vice Chair Hammer moved to order that the Respondent correct the
violations on or before March 22, 2002. 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
una.nimously carried.
Case #01-2898
Property Address:
Violation:
Jeffrey and Juanita Rubenstein
240 N. Palm Drive
Chapter 15, Article IX-15-120 (D) 1, Inc.;
Please register and make operable your
vehicle or remove it from your property.
Inspector Laverdure stated that the case was cited on October 26, 2001. The
City recommends March 7, 2002 as the compliance date.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Motion
Based on the testimony and evidence presented in Case No. 01-2898, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Jeffrey and Juanita Rubenstein are in violation of Code
Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances.
Vice Chair Hammer moved to order that the Respondents correct the violations
on or before March 7, 2002. If the Respondents do not comply with this Order, a
fine in the amount of $25.00 per day, plus administrative costs, shall be imposed.
The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Mr. Miriana and unanimously
carried.
Case #01-3182
Property Address:
Violation:
Harold Hall
119 Arthur Court
Section 10-2 B.B.C. of Ord., Chapter 15-
Article IX-15-120 (D) I.D; Please install
sod/grass in your yard and de-weed;
remove any trash and debris.
Inspector Laverdure stated that the case was cited on November 20, 2001, The
City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3182, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Harold Hall is in violation of Section 10-2 B.B.C. of Ord.
and Chapter 15, Article IX-15-120 (D) 1.D of the City Code of Ordinances. Vice
Chair Hammer moved to order that the Respondent correct the violations on or
before March 22, 2002. 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 #01-3229
Property Address:
Violation:
Crystal L. Rivers and Lillie Jones
3125 Ocean Parkway
Chapter 15, Article IX-15-120 (D) 1, Inc.;
Please install sod/grass in bare spots on
each side of your driveway and also in
swale area; repair driveway to comply with
City Code.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Inspector Laverdure stated that the property was originally cited on November
27, 2001. The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3229, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law,. that Crystal L. Rivers and Lillie Jones are in violation of Code
Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances.
Vice Chair Hammer moved to order that the Respondents correct the violations
on or before March 22, 2002. If the Respondents do not comply with this Order,
a fine in the amount of $25.00 per day, plus administrative costs, shalli 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 #01-3231
Property Address:
Violation:
Aseneth Brown
340 N. Palm Drive
Chapter 15, Article IX-15-120 (D) 1, Inc.;
Please install sod/grass in swale and in
yard area to comply with City Code.
Inspector Laverdure stated that the property was originally cited on November
27, 2001. The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3231, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Aseneth Brown is in violation of Code Sections Chapter
15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Vice Chair
Hammer moved to order that the Respondent correct the violations on or before
March 22, 2002. 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 #01-3289
Property Address:
Violation:
Evelyn A. Velez
3220 E. Palm Drive
Chapter 15, Article IX-15-120 (D) t, Inc.;
Please de-weed and install grass/sod in
yard and swale area.
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Meeting Minutes
Code Compliance BOard
Boynton Beach, FL
February 20, 2002
Inspector Laverdure stated that the case was originally cited on November 29,
2001. The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3289, Vice
Chair Hammer moved that this Board find, as a 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) 1, Inc. of the City Code of Ordinances. Vice Chair
Hammer moved to order that the Respondent correct the violations on or before
March 22, 2002. 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. Mir/aha and unanimously
carried.
Case #01-3293
Property Address:
Violation:
Virginia Diaz
3225 E. Pam Drive
Chapter 15, Article IX-15-120 (D) 1,
Please install sod/grass in swale area.
Inc.;
Inspector Laverdure stated that the case was originally cited on November 30,
2001. The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3293, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Virginia Diaz is in violation of Code Sections Chapter 15,
Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Vice Chair Hammer
moved to order that the Respondent correct the violations on or before March 22,
2002. 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. Z/bell/and unanimously carried.
Case #01-3295
Property Address:
Violation:
Marco and Patricia Acudelo
190 S. Palm Drive
Chapter 15, Article IX-15-120 (D) 1, Inc.;
Please install sod/grass in your yerd and
swale area and repair your sprinkler
system.
35
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Inspector Laverdure stated that the case was originally cited November 30, 2001.
The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3295, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Marco and Patricia Acudelo are in violation of Code
Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances.
Vice Chair Hammer moved to order that the Respondents correct the violations
on or before March 22, 2002. If the Respondents do not comply with this Order,
a fine in the amount of $25.00 per day, plus administrative costs, shall be
imposed. The Respondents are further ordered to contact the City of Boynton
Beach Code Compliance Division to arrange for reinspection of the property to
verify compliance with this Order. Motion seconded by Ms. Zibelli and
unanimously carried.
Case #01-3358
Property Address:
Violation:
Brad S. Carlton
583 Alto Road
Chapter 15, Article IX-15-120 (D) 1,
Please sod your yard and swale on
Grove Road and Alto Road.
Inc.;
both
Inspector Laverdure stated that the case was originally cited on December 7,
2001. The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3358, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Brad S. Carlton is in violation of Code Sections Chapter
15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Vice Chair
Hammer moved to order that the Respondent correct the violations on or before
March 22, 2002. 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 #01-3394
Property Address:
Violation:
Jordan Silvia & Sierra Felix
3250 E. Atlantic Drive
Chapter 15, Article IX-15-120 (D) 1, Inc.;
Please cut your hedge to 4' in front and sod
your yard and swale.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Inspector Laverdure stated that the case was originally cited on December 12,
2001. The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3394, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Jordan Silvia & Sierra Felix are in violation of Code
Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances.
Vice Chair Hammer moved to order that the Respondents correct the violations
on or before March 22, 2002. If the Respondents do not comply with this Order,
a fine in the amount of $25.00 per day, plus administrative costs, shall be
imposed. The Respondents are further ordered to contact the City of Boynton
Beach Code Compliance Division to arrange for reinspection of the property to
verify compliance with this Order. Motion seconded by Mr. Foot and
unanimously carried.
Case #01-3425
Property Address:
Violation:
Efrain & Flavia Chanza
3275 Orange Street
Chapter 15, Article IX-15-120 (D) 1, Inc.;
Please re-sod bare spots and swale area.
Inspector Laverdure stated that the case was originally cited on December 14,
2001. The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3425, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Efrain and Flavia Chanza are in violation of Code Sections
Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Vice
Chair Hammer moved to order that the Respondents correct the violations on or
before March 22, 2002. If the Respondents do not comply with this Order, a fine
in the amount of $25.00 per day, plus administrative costs, shall be imposed.
The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Mr. Foot and unanimously
carried.
Case #01-3469 Moises Garcia
Property Address: 3201 Orange Street
Violation: Sections 10-2 and 13-16 B.B.C. of Ord. and Chapter 15,
Article IX-15-120 (D) 1, Inc. Please install sod in your yard and swale
area; register all vehicles and make them operable; pick up ell trash
and debris; repair or remove fence. An occupational license is
37
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
required when renting. Cut your hedge to 4' in front and sod your
yard and swale.
Inspector Laverdure stated that the case was originally cited on December 19,
2001. The City recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3469, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Moises Garcia is in violation of Code Sections 10-2 and
13-16 B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) 1, Inc. of the City
Code of Ordinances. Vice Chair Hammer moved to order that the Respondent
correct the violations on or before March 22, 2002. 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.
Attorney Tolces requested that on Page 20 of the Agenda, Case No. 01-3374,
the Board~rescind the first vote that set a compliance date of March 22, 2002 and
a fine of $25.00 per day. The only motion applicable to this case should be the
cease and desist order, which should remain.
Motion
Vice Chair Hammer withdrew her first motion in Case No. 01-3374, Page 20 of
the Agenda. Motion seconded by Mr. Foot and unanimously carried.
LIEN PENALTY CERTIFICATIONS
Case #00-3203
Paul, Cynthia & Conrad Gribenas 443 SW 7th Ct.
The City recommends tabling this case until the May Code Compliance Board
Meeting.
Case #01-0382
Case #01-2883
Case #01-3117
Kathleen Romeo
Charlotte Dirk
Toys "R" US, Inc.
303 SW 7th Street
328 SW 6th Avenue
601 N. Congress Ave.
The City recommends tabling the above three cases until the March Code
Compliance Board Meeting.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Motion
Mr. Miriana moved that Case No. 00-3203 be tabled until the May 15, 2002 Code
Compliance Board Meeting. Motion seconded by Vice Chair Hammer and
unanimously carried.
Motion
Mr. Miriana moved that Cases No. 01-0382, No. 01-2883 and No. 01-3117 be
tabled until the March 20, 2002 Code Compliance Board Meeting. Motion
seconded by Vice Chair Hammer and unanimously carried.
The City recommends certifying no fines in the following cases:
Case #01-1031
Case #00-3392
Case #01-1551
Case #01-2366
Paul & Virginia Halenda
Robert Kruse
Hector & Darlene Oquendo
Harold Smolik
225 NW 3rd Ave.
689 NE 6th Ct. #203
165 N. Palm Dr.
209 SE 2nd Ave.
Motion
Based on the testimony and evidence presented in Case No. 01-1031, Mr.
Miriana moved that this Board find, as a matter of fact, that the Respondents,
Paul and Virginia Haldena were in violation of Code Sections Chapter 15, Article
IX-15-120 (D), Inc., subsequent to the date of compliance specified in this Boards
of Order of July 18, 2001. Mr. Miriana moved that this Board find that the
Respondents failed to comply with this Board's Order, and that this Board impose
and certify no fine or administrative costs. Motion seconded by Mr. Foot and
unanimously carried.
Motion
Based on the testimony and evidence presented in Case No. 01-3392, Mr.
Miriana moved that this Board find, as a matter of fact, that the Respondent,
Robert Kruse was in violation of Section 3401.6 SBC '97, subsequent to the date
of comPliance specified in this Boards of Order of October 17, 2001. Mr. Miriana
moved that this Board find that the Respondent failed to comply with this Board's
Order, and that this Board impose and certify no fine or administrative costs.
Motion seconded by Mr. Foot and unanimously carried.
Motion
Based on the testimony and evidence presented in Case No. 01-1551, Mr.
Miriana moved that this Board find, as a matter of fact, that the Respondents,
Hector & Darlene Oquendo were in violation of Code Section 10-52 B.B.C. of
Ord., subsequent to the date of compliance specified in this Boards of Order of
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
September 19, 2001. Mr. Miriana moved that this Board find that the
Respondents failed to comply with this Board's Order, and that this Board impose
and certify no fine or administrative costs. Motion seconded by Mr. Foot and
unanimously carried.
Motion
Based on the testimony and evidence presented in Case No. 01-2366, Mr.
Miriana moved that this Board find, as a matter of fact, that the Respondent,
Harold Smolik was in violation of the SBC '97 Edition 104.1.1 and 104.7.2,
subsequent to the date of compliance specified in this Boards of Order of
November 21,2001. Mr. Miriana moved that this Board find that the Respondent
failed to comply with this Board's Order, and that this Board impose and certify
no fine or administrative costs. Motion seconded by Mr. Foot and unanimously
carried.
The City recommends certifying the $25.00 fine in the following cases:
Case #012519
Case #00-2482
Case #002646
Case #00-1436
MJB Chelsea LLC.
Mattie Waters
Stephen Whitney
Catherine Steffanelli
320 N. Federal Hwy.
1480 NW 2nd Street
409 SE 20th Ct.
1194 SW 28th Ave.
Motion
Based on the testimony and evidence presented in Case No. 01-2519, and
having considered the gravity of the violations, the actions taken by the
Respondents, and any and all previous violations committed by the
Respondents, Mr. Miriana moved that this Board find that MJB Chelsea LLC. has
violated this Board's prior Order of November 21, 2001, and this Board impose
and certify a fine in the amount of $25.00 per day, plus administrative costs,
which shall continue to accrue until the Respondents come into compliance or
until a judgment is entered based upon this certification of fine. Motion seconded
by Mr. Foot and unanimously carried.
Motion
Based on the testimony and evidence presented in Case No. 00-2482, and
having considered the gravity of the violations, the actions taken by the
Respondents, and any and all previous violations committed by the
Respondents, Mr. Miriana moved that this Board find that Mattie Waters has
violated this Board's prior Order of September 19, 2001, and this Board impose
and certify a fine in the amount of $25.00 per day, plus administrative costs,
which shall continue to accrue until the Respondents come into compliance or
until a judgment is entered based upon this certification of fine. Motion seconded
by Mr, Foot and unanimously carried.
4O
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Motion
Based on the testimony and evidence presented in Case No. #00-2646, and
having considered the gravity of the violations, the actions taken by the
Respondents, and any and all previous violations committed by the
Respondents, Mr. Miriana moved that this Board find that Stephen Whitney has
violated this Board's prior Order of October 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 the Respondents come into compliance or until a
judgment is entered based upon this certification of fine. Motion seconded by Mr.
Foot and unanimously carried.
Motion
Based on the testimony and evidence presented in Case No. #00-1436, and
having considered the gravity of the violations, the actions taken by the
Respondents, and any and all previous violations committed by the
Respondents, Mr. Miriana moved that this Board find that Catherine Steffanelli
has violated this Board's prior Order of October 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 the Respondents come into compliance or
until a judgment is entered based upon this certification of fine. Motion seconded
by Mr. Foot and unanimously carried.
The City recommends certifying the $50.00 fine in Case No. 01-2416.
Motion
Based on the testimony and evidence presented in Case No. No. 01-2416, and
having considered the gravity of the violations, the actions taken by the
Respondent, and any and all previous violations committed by the Respondent,
Mr. Miriana moved that this Board find that Jerry McAdoo has violated this
Board's prior Order of December 19, 2001, and this Board impose and certify a
fine in the amount of $50.00 per day, plus administrative costs, which shall
continue to accrue until the Respondents come into compliance or until a
judgment is entered based upon this certification of fine. Motion seconded by
Vice Chair Hammer and unanimously carried.
FORECLOSURES
Case #01-1185
Case #00-2169
Case #01-1078
Case #00-611
Florida 4-C Properties LLC
Juan Portalatin
Scott Avery
Triumph Church Kingdom of God
41
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
February 20, 2002
Motion
Mr. Foot moved that the above cases be forwarded to the City Attorney's Office
for foreclosure proceedings. Motion seconded by Ms. Heinly-Bainer.
VII. ADJOURNMENT
There being no further business to come before the Board, the meeting properly
adjourned at 9:20 p.m.
Respectfully submitted,
Barbara M, Madden
Recording Secretary
(three tapes)
(February 21,2002)
42
AMENDMENT TO MINUTES OF CODE COMPLIANCE BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON WEDNESDAY, FEBRUARY 20, 2002 AT 7:00 P.M.
Through a scrivener's error, the following case was inadvertently omitted from
the minutes of the February 20, 2002 Code Compliance Board Meeting. The
omission was confirmed by checking the notes of the Recording Secretary and
the tapes of the meeting.
Case #01-3517
Property Address:
Violation:
Rosena Estella
514 NE 2nd Street
Chapter 15, Article IX-15-120 (D), Inc. and
Section 15-16 B.B.C. of Ord.
Unregistered/inoperable vehicle is not
allowed in residential area. Also, remove all
debris in carport and around property. Sod
all bare spots. A street number is
mandatory.
Inspector Pierre stated that the case was cited on December 31,2001. The City
recommends March 22, 2002 as the compliance date.
Motion
Based on the testimony and evidence presented in Case No. 01-3517, Vice
Chair Hammer moved that this Board find, as a matter of fact and as a
conclusion of law, that Rosena Estella is in violation of Code Sections Chapter
15, Article iX-15-120 (D), Inc. and Section 15-16 of the B.B.C. Vice Chair
Hammer moved to order that the Respondent correct the violations on or before
March 22, 2002. 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. Zibelli and unanimously
carried.
Amendment adopted by the Code Compliance Board at their Regular Meeting
held on May 15, 2002.
Respectfully submitted,
Barbara M. Madden
Recording Secretary