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Minutes 01-16-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JANUARY 16, 2002 AT 7:00 P. M. Present Chris DeLiso, Chairman Bob Foot James Miriana Enrico Rossi Thomas Walsh Dee Zibelli Absent Patti Hammer, Vice Chair Jean M. Heinly-Bainer, Alternate David Tolces, Assistant City Attorney Inspectors: Pete Roy Courtney Cain Luney Guillaume Richard Laverdure Skip Lewis Mike Melillo Vestiguerne Pierre Willie Webb I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:00 p.m. I1. APPROVAL OF MINUTES (December 19, 2001) Motion Mr. Miriana moved to approve the minutes. Motion seconded by Ms. Zibelli and unanimously carried. Mr. Foot inquired if staff read the minutes. Inspector Roy responded that he read the minutes. In the absence of Scott Blasie, Code Compliance Administrator, Inspector Roy presented the agenda and requested that the following changes be made. III. APPROVAL OFAGENDA A. Page B. Page C. Page D. Page E. Page F. Page G. Page H. Page I. Page J. Page 1 (Case #01-3038), Javier &Ana Medina, complied 2 (Case #01~3044), Ichemique & Selia Rene, complied 3 (Case #01-3164), Grover & Bonnie Jones, complied 15 (Case #01-3072), B.J. & Jacqueline Fitzpatrick, complied 17 (Case #01-2220), 19 (Case #01-2640), 21 (Case #01-3260), 30 (Case #01-2251), 32 (Case #01-2301), 37 (Case #01-3053), Antonia Bushnell, complied Joseph Beache & Carmelite J. Louis, complied Vallery Pierre & Lillie McGee, removed Rodney & Eula Aton, complied Janie Griffin, removed Nathaniel Robinson, complied Meeting Minutes Code Compliance Board Boynton Beach, Florida January16,2002 Page 39 (Case #01-3313), Thomas Johnson, removed Page 41 (Case #01-2683), Angel & Emma Quinapallo, removed Motion Ms. Zibelli moved to approve the agenda, as amended. Motion seconded by Mr. Walsh and unanimously carried. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Mr. Roy called the roll. Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying. Chairman DeLiso explained the plea system to the audience. V. NEW BUSINESS A. CASES TO BE HEARD Case #01-3284 Property Address: Violation: Jean Joseph 124 NE 4th Avenue Chapter 15, Article IX-15-120 Please install sod in front and Also, remove all loose trash. (D), Inc.; backyard. Inspector Pierre stated that the case was originally cited on November 29, 2001 through routine inspection. Mr. Jean Joseph, 124 NE 4th Avenue, Boynton Beach, pled no contest and requested 30 days, The trash has been removed. Motion Based on the testimony and evidence presented in Case No. 01-3284, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Jean Joseph is in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. Mr. Foot moved to order that the Respondent correct the violation on or before February 15, 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. Walsh and unanimously carried. Meeting Minutes Code Compliance Board Boyr~ton Beach, Florida January 16, 2002 Case #01-2335 Property Address: Violation: Benjamin and Natalie N. Diaz 3024 E. Palm Drive Chapter 15, Article IX-15-120 (D) I.D and Section 10-52 (A), B.B.C. of Ord.; Please register your unregistered vehicles and put sod on the side of your driveway Inspector Laverdure stated the case was originally cited on August 31, 2001. The vehicle has been removed, but sod needs to be planted. Ms. Natalie Diaz, 3024 E. Palm Drive, Boynton Beach, pled no contest and asked for 60 days since they plan to install a sprinkler system. Motion Based on the testimony and evidence presented in Case No. 01-2335, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Benjamin and Natalie N. Diaz are in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), 1.D and 10-52 (A). Mr. Foot moved to order that the Respondents correct the violation on or before March 18, 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 #00-3283 Scott and Joan Kessler Property Address: 1114 B, Federal Highway Violation: Chapter 15, Article I)(-15-120 (D), Inc., PT3- LDR, Chapter 20, VIII, Section 2.A, PT3 - LDR, Chapter 23, Article I1.O and PT3-LDR, 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. Also see copy of Memorandum from Jos~ Alfaro, Planner to Scott Blasie dated November 15, 2000 for C.E.R.T. Inspection. Inspector Webb stated the property was originally cited on November 21, 2000 through a C.E.R.T. Inspection. Service was made by certified mail. Mr. Scott Kessler, 6174 Balmy Court, Boynton Beach, pled no contest and requested 30 days. Inspector Webb suggested 60 days for compliance. The respondent stated he was not aware of all the violations. The only items remaining are the landscaping and fixing the potholes. Inspector Webb responded that the property has to be re-inspected by the C.E.R.T. team and this will take time to coordinate. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 The respondent stated that he was unaware of the memorandum from Planning & Zoning regarding the parking spaces and maneuverability of vehicles. Mr. Kessler stated he has been unable to rent the property because of the zoning situation on Federal Highway. Chairman DeLiso suggested tabling the case for 30 days to give the respondent an opportunity to determine exactly what needs to be done. He was encouraged to contact the Planning and Zoning Department and to confer with Inspector Webb. Motion Mr. Miriana moved that Case No.00-3283 be tabled until the Code Compliance Board Meeting to be held on February 15, 2002. Motion seconded by Ms. Zibelli. Mr. Foot pointed out that February's meeting is scheduled for February 20~h. Mr. Miriana amended his motion to February 20, 2002. Mr. Foot seconded the amended motion. The motion unanimously carried. Case #01-2362 Building "F" Condominium Association Property Address: 1117 Lake Terrace Violation: SBC '97 Edition 103.5 and 3401.6 SBC '97 Edition; Please secure permits and have applicable inspections for soffit repair/replacement. An engineer's report is needed. Red Tag dated August 28, 2001. Inspector Lewis stated the property was originally cited on September 4, 2001. Mr. Joseph Rooney, President of Building "F" Condominium Association, Leisureville, pled no contest and requested 90 days, to which the City agreed. Motion Based on the testimony and evidence presented in Case No. 01-2362, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Building "F" Condominium Association is in violation of SBC '97 Edition, 103.5 and 3401.6. Mr. Foot moved to order that the Respondent correct the violation on or before April 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus Administrative Cost, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Walsh and unanimously carried. Case #01-2740 Property Address: Violation: Mearlene E. Harris 435 SW 6th Avenue Section 10-52 B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) 1, Inc. Please 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 remove unregistered and inoperative truck from the property. Inspector Lewis stated the case was originally cited on October 11, 2001. Mr. Mearlene E, Harris, 435 SW 6th Avenue, Boynton Beach pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2740, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Mearlene E. Harris is in violation of City of Boynton Beach Code Sections 10-52 Mr. Foot moved to order that the Respondent correct the violation on or before February 15, 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 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 #01-2761 Robyn L. Lorenz Property Address: 805 SW 1st Court Violation: Chapter 15, Article IX-15-120 (D) 1, Inc. and SBC '97 Edition 104.1.1; Please secure a building permit and proper inspections for the pool and wood fence installed on the property. Deteriorated fencing needs to be repaired or replaced; front yard needs to be maintained weed free. Sod needs to be planted or xeriscape landscaping installed to re-establish a uniform green appearance. Inspector Lewis stated the property was originally cited on October 18, 2001. Robyn BenAri Lorenz, 805 SW 1st Court, pled no contest for the lawn; stated that the fence has complied; and pled not guilty for the pool. The respondent stated that her property is xeriscaped. She was cited last year for the same thing. After the property complied last year the weeds overtook some of the bushes and she has been applying weed killer before replanting. With regard to the fence, part of it was knocked down and she went to the Building Department. They informed her that she did not need a permit to fix the fence since itwas only a $15 repair and the fence has been repaired. The respondent stated that she had contracted to have a pool installed and because of problems with the inspectors, the contractor abandoned the job and never came back. The pool has drainage and there is no access into the yard 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 because there is a privacy fence and the pool is not visible. The pool has been in an unfinished state for 12 years. Inspector Lewis presented photographs of the property'. The respondent stated that the photos being presented were not true pictures of her property and that her yard looked better than in the photos. Chairman DeLiso noted that the yard does not meet Code and in order to xeriscape, more plants are needed in the front yard. The respondent requested 60 days to get the yard in compliance. Chairman DeLiso suggested that the violations be dealt with individually and asked for a motion for the landscaping. Motion Based on the testimony and evidence presented in Case No. 01-2761, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Robyn BenAri (Lorenz) is in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., Mr. Foot moved to order that the Respondent correct the violation on or before March 18, 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. Walsh and unanimously carried. With regard to the pool, the respondent pled not guilty. She spoke to the head of the Building Division who informed her that the original permit for the pool expired because the contractor never completed the job. Inspector Lewis stated that he had a copy of permit No. 90-816 that was issued on March 13, 1990 for a 6' wooden fence that was revoked. Inspector Lewis also had a copy of permit No. 90-1169 dated April 4, 1990 for the pool, electrical, building and plumbing, which was also revoked. Ms. BenAri said that she spoke to the City two years ago to obtain an estimate for finishing the pool and she was informed that all the records had been lost. The respondent said that she never heard anything from the City on the pool since 1990. Chairman DeLiso pointed out that the respondent had two alternatives. She could either apply for a new permit to have the pool completed, or apply for a permit to have the pool filled. She felt if she had the pool completed, it would create a risk by encouraging people to jump the fence and use the pool. The respondent said she did not have $12,000 to have the pool Completed, nor did she have $1,000 to have the pool filled in. The pool was poured incorrectly and the risers on the steps are alsO incorrect. Mr. Foot suggested giving the respondent 90 days to come up with a solution to the pool since it is a safety hazard. Inspector Lewis pointed out that a permit would still be necessary. Chairman DeLiso suggested that the respondent contact the Building Division to determine what her options are. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Motion Based on the testimony and evidence presented in Case No. 01-2761, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Robyn BenAri (Lorenz)is in violation of the SBC '97 Edition 104.1.1. Mr. Foot moved to order that the Respondent correct the violation on or before April 18, 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. Motion carried 4-2 (Ms. Zibelli and Mr. Walsh dissenting.) Attorney Tolces stated that the motion included both the pool and fence. Inspector Lewis pointed out that the permit for the fence was revoked. The respondent would have to reapply for a permit for the fence and he did not think this would be a problem. Mr. Foot clarified his motion that the 90 days applies to the violations for the pool and the fence. Mr. Miriana seconded the amended motion. Motion carried 4-2 (Ms. Zibelli and Mr. Walsh dissenting.) Case #01-2765 William G. Taylor Property Address: 221 SW 4th Street Violation: Chapter 15, Article IX-15-120 (D) 1, Inc. Please mow and de-weed overgrown yard areas. Sod needs to be planted in dead areas of the yard. Inoperable vehicles need to be removed from the property. Remove all trash and debris. Inspector Lewis stated the property was cited on October 18, 200t. William Taylor, 221 SW 4th Street, Boynton Beach, pled no contest and asked for 60 days. The trash and vehicle have been removed. Motion Based on the testimony and evidence presented in Case No. 01-2765, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that William G. Taylor is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. Mr. Miriana moved to order that the Respondent correct the violation on or before March 18, 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. Walsh and unanimously carried. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Case #01-2860 Property Address: Violation: Simonaire & Gertha Nancius 211 SW 5th Avenue Section 10-52 B.B.C. of Ord. and Chapter 15, Article IX-'15-120 (D) 1, Inc. Please install sod in dead areas of the front yard. Remove all inoperable vehicles. Inspector Lewis stated the case was cited on October 24, 2001. There is only one vehicle left and the property needs a little sod. The City recommended 30 days. Simonaire Nancius, 211 W 5th Avenue, Boynton Beach, pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2860, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of ~aw that Simonaire and Gertha Nancius are in violation of the City of Boynton Beach Code Sections 10-52 and Chapter 15, Article IX-15-120 (D) 1, Inc. Mr. Foot moved to order that the Respondents correct the violations on or before February 15, 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. RECESS WAS DECLARED AT 7:50 P.M. THE MEETING RECONVENED AT 8:00 P.M. Chairman DeLiso abstained from Case #01-1191(The Crossings of Boynton Beach). The gavel was passed to Ms. Zibelli. LIEN PENALTY CERTIFICATION (Tabled) Case #01-1191 The Crossings of Boynton Beach 35-A Crossings Cir. #A Inspector Cain presented the case. The property was cited on May 29, 2001 for violation of the SBC '94 Edition. The respondent did appear at the September 19, 2001 hearing. A compliance date of October 15, 2001 was set or be fined $25.00 per day. The property has not yet complied. Gloria Alstead, 35-A Crossings Circle, Boynton Beach, the new acting manager for The Crossings of Boynton Beach, took the podium. Ms. Alstead said there is a new administration as of December 16, 2001, the records are missing and there is no money. She was unaware that a $25-per-day fine had 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 been assessed on the property. Acting Chair Zibelli suggested that the case be tabled until the new management becomes acclimated and suggested 30 days. The respondent requested 90 days. Inspector Cain pointed out that locating the records was not required in order to do the repairs. There is a safety/health issue regarding the stairs. Inspector Cain presented photos of the property. The supports for the steps are rotten and some are split. A lot of the work has been completed and Inspector Cain felt that the remainder of the work should be completed as soon as possible. Mr. Rossi felt this condition was very dangerous and should be corrected at once before someone gets hurt. Acting Chair Zibelli recommended tabling the case for 30 days to allow the respondent time to fix the stairs and to report back to the Board at the February meeting. Attorney Tolces noted the Board had three options. (1) 'The Board could take no action tonight and the fine would continue to accrue. (2) The Board could certify the fine. (3) The Board could table the case for 30 days, at which time the Board could decide if it wants to certify the fine. Motion Mr. Miriana moved that Case No. 01-1191 be tabled until the Code Compliance Board Meeting to be held on February 15, 2002. Attorney Tolces pointed that February's meeting is February 20th. Mr. Miriana amended his motion to February 20, 2002. Motion seconded by Mr. Foot and unanimously carried. LIEN PENALTY CERTIFICATIONS Case #01-2526 Fumelus Gerard & Elsie Lauristor~ 220 SE 24t~, Ave. Inspector Laverdure reported the property complied on January 11, 2002 for 30 days of non-compliance. The City recommends no fine. The violation was the result of a red tag from the Building Division and FPL was required for the electrical work, which resulted in the delay of the inspections. Motion Based on the testimony and evidence presented in Case No. 01-2526 and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Fumelus Gerard and Elsie Lauriston have violated this Board's prior Order of November 21, 2001, and this 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Board impose and certify a fine in the amount of $0 to include administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2148 Bias Leandro 324 NW 7TM Court Inspector Pierre stated the property was cited on August 16, 2001 for violation of the Community Appearance Code and permit required for canopy. 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 has not yet complied. Bias Leandro, 324 NW 7th Court, Boynton Beach stated that he did not receive any letters from the City. Inspector Pierre stated the property was posted and a copy was given to his son. The respondent stated that this was the first time he became aware that there was a violation on his property. Inspector Pierre stated there were unregistered vehicles on the property and debris and trash that needed to be removed. Mr. Leandro stated that the two cars belonged to his son, who was in the Service. Inspector Webb informed the Board that the respondent operates a towing company and keeps the cars in his yard for storage. The respondent denied using the yard for storage. Photos were presented and Chairman DeLiso noted that there were more than two cars parked in the yard. With regard to the non-complying canopy, the respondent moved it to the other side of the property. The respondent stated that the two cars belonging to his son were not registered. Chairman DeLiso informed the respondent that all the debris had to be removed and that the canopy must be taken down. Chairman DeLiso recommended giving the respondent 30 days to clean up the entire yard and to have the respondent appear at next month's meeting. Inspector Pierre responded that this is an ongoing problem. As soon as these cars are removed, others will be brought to the property. Mr. Walsh suggested that Inspector Pierre go out to the property to show the respondent what cars must be removed. Inspector Pierre agreed to meet the respondent at his property at 3:00 p.m. tomorrow. Motion Mr. Foot moved that Case No. 01-2148 be tabled until the Code Compliance Board Meeting to be held on February 20, 2002. Motion seconded by Ms. Zibelli and unanimously carried. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Case #01-1951 Josephine Daffin 315 NW 10th Avenue Inspector Webb stated the property was cited August 3, 2001 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board hearing on November 21, 2001. A compliance date of December 21, 2001 was set or be fined $25 per day. The property is not yet in compliance. Inspector Webb stated the only item remaining is the sod and she has tried to repair her property. Josephine Daffin, 315 NW 10th Avenue, Boynton Beach, said she would try to plant grass seeds this weekend and that she could not afford to purchase sod since she is a single mother of eight children. Inspector Webb presented photos of the property. Inspector Webb stated that there was a fire at the property and the electrical box was pulled by the Fire Department. The respondent received assistance from an electrical company and the City didn't approve the work that was performed. The City redid the work, but the City would not provide sod because the respondent had been given sod previously. Ms. Daffin stated that the sod died because she did not know how to take care of it. Once she learned how, she requested more sod from the City, but was denied. Also, there is a large tree on the property, which prevents grass from growing under it. Chairman DeLiso suggested that the tree be removed. She is going to try to get help to have the tree trimmed, but she cannot afford to have the tree cut down. Chairman DeLiso suggested contacting the City's Neighborhood Specialist to get some volunteers that could cut the tree down for the respondent. Kevin Hallahan did go out to the property and his suggestion was to have the yard cemented. Inspector Webb stated it would be too expensive to pour cement around the tree and it would be best to have it cut down. Chairman DeLiso inquired if the respondent could get assistance from Community Redevelopment in cutting down the tree. Inspector Cain suggested that the respondent contact the Boynton Beach Faith Based CDC that has a program that assists single parents. Inspector Cain will provide the number to Ms. Daffin. Chairman DeLiso suggested that the case be tabled. Motion Mr. Foot 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. Miriana and unanimously carried. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 CASES TO BE HEARD Case #01-2964 Property Address: Violation: Marta R. Pejouhy 152 SE 28th Avenue Chapter 15, Article IIX-15-120 (D), Inc. Sod required in front yard. Remove trash and debris from yard and carport area. The Recording Secretary administered the oath to Ms. Pejouhy. Inspector Roy stated the case was originally cited on October 30, 2001 through routine inspection. Ms. Pejouhy was advised to contact Community Redevelopment for assistance, but to date has not done so. Marta R. Pejouhy, 152 SE 28th Avenue, Boynton Beach pled no contest. Ms. Pejouhy said she had no money to replace the sod since her only income is $550 a month from Social Security. Photos were presented. Chairman DeLiso asked why the respondent did not go to Community Redevelopment to apply for assistance. She said she did fill out an application, but is not qualified because she does not have homeowner's insurance. Also, she is behind on her property taxes. The respondent stated that she couldn't afford homeowner's insurance and is not able to work because she has a heart condition. Inspector Cain said that he could also check with the Boynton Beach Faith Based CDC to see if they could help remove the trash, but he was not certain if they could come up with the money for the sod. Chairman DeLiso suggested tabling the case for 60 days. The respondent asked for 90 days. Motion Based on the testimony and evidence presented in Case No. 01-2964, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of ~aw that Marta Pejouhy is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. Mr. Foot moved to order that the Respondent correct the violations on or before March 18, 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. Walsh and unanimously carried. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 LIEN PENALTY CERTIFICATION Case #01-2554 Marta Pejouhy 152 SE 28th Avenue Inspector Roy stated the property was cited on September 25, 2001. No one appeared at the Code Compliance Board Hearing on November 21, 2001. A compliance date of December 21, 2001 was set or be fined $25 per day. The property is not yet in compliance. Ms. Pejouhy said she could not attend the December hearing because she was sick and her doctor faxed Mr. Scott Blasie advising him of this. Ms. Pejouhy stated the room that needs repair is a Florida room that was converted into an extra room by her late husband 30 years ago. The roof leaks, but she does not have the money to repair the roof. She was unaware that a permit was never obtained for the room. Inspector Roy stated that there is no permit in the files. Motion Mr. Foot moved that Case No. 01-2554 be tabled until the Code Compliance Board Meeting to be held on March 20, 2002. Motion seconded by Mr. Miriana and unanimously carried. CASES TO BE HEARD Case No. 01-3070: Property Address: Violations: Annette Harrell 391 NE 28th Court Chapter 15, Article IX-15-'120 (D), Inc. Please repair fence. Take down shed in rear yard that is dilapidated. A permit is required to install a new shed. Inspector Guillaume stated the case was originally cited on November 07, 2001 through routine inspection. Service was accomplished by certified mail. Annette Harrell, 391 NE 28th Court, Boynton Beach, pled no contest and asked for 90 days. The respondent stated that the original notice never mentioned the fence needed repair and that the fence has been repaired. The City agreed to 90 days. Motion Based on the testimony and evidence presented in Case No. 01-3070, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Annette Harrell is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. Mr. Foot moved to order that the 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Respondent correct the violations on or before April 18, 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. Walsh and unanimously carried. Case No. 01-3080: Property Address: Violations: Annette Harrell 391 NE 28th Court Chapter 15, Article IX-15-120 (D) .lA and Section 10-52 (A) B.B.C. of Ord. Please remove inoperable vehicles and car parts from rear yard. Inspector Guillaume stated the property was cited on November 7, 2001 through routine inspection. The respondent asked for 90 days because she has to pay to have the vehicle removed. Photos were presented. The City agreed to 90 days. Motion Based on the testimony and evidence presented in Case No. 01-3080, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Annette Harrell is in violation of the City of Boynton Beach Code Sections Chapter 15, Article 1×-15-120 (D).IA and Section 10-52 (A). Mr. Foot moved to order that the Respondent correct the violations on or before April 18, 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. Walsh and carried 5-1 (Mr. Miriana dissenting.) Case NO. 00-1722: Property Address: Violations: Gerald T. Fasolo 1503 NE 4th Court SBC '94 ED. 104.6.1. Red tag dated June 27, 2000 for roof permit #99-3491 has expired. Inspector Mike Melillo stated the case was originally cited on August 28, 2000. The respondent applied for assistance through Community Redevelopment for the roof. Photos were presented. The respondent did not qualify because he did not have homeowner's insurance and was behind in his property taxes. If these were brought current, they would redo the roof. The respondent tried to do the work himself, but the job was too great and he eventually ran out of money to complete the job. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Gerald T. Fasolo, 1503 NE 4t' Court, Boynton Beach appreciated the assistance that staff has been providing him, but he now has a financial problem and cannot purchase the homeowner's insurance in one lump sum. The respondent said that when he receives his income tax refund he will try to pay for the insurance. Chairman DeLiso recommended six months, to which the City agreed. Motion Based on the testimony and evidence presented in Case No. 00-1722, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Gerald T. Fasolo is in violation of the SBC '94 Edition 104.6.1. Mr. Foot moved to order that the Respondent correct the violations on or before July 15, 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 No. 01-3123: Property Address: Violations: Thelmar & Jessie M. Patterson 518 NW 12th Avenue Chapter 15, Article IX-15-120 (D), Inc., 120 (E) 2A and 120 (E) 2C. Please replace al broken windows, screens, fascia wood, air conditioning unit. Install sod. Remove trash to comply with City Codes. Inspector Pierre presented the case and recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3123, Mr. Midana moved that this Board find, as a matter of fact, and as a conclusion of law that Thelmar and Jessie M. Patterson are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc., 120 (E)2A and 120 (E) 2C. Mr. Miriana moved to order that the Respondents correct the violations on or before February 15, 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. Walsh and unanimously carried. Case No. 01-3124: Property Address: Violations: Lue Gennie Rivers 515 NW.11th Avenue Chapter 15, Article IX-15-120 (D), Inc. Please mow and trim trees. Remove Florida Holly 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Tree from rear property and remove or repair fence. Inspector Pierre presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3124, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Lue Gennie Rivers is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. Mr. Miriana moved to order that the Respondents correct the violations on or before February 15, 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. Walsh and unanimously carried. Case No. 01-1848: Property Address: Violations: Palm Beach Realty Investors 2200 Corporate Drive PT3-LDR, Chapter 4., Section 11, Chapter 7.5-1, Section 5.B. Maintain landscape per approve site plan recOrded with the City including berm area on canal. Inspector Roy presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1848, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Palm Beach Realty Investors is in violation of PT3-LDR, Chapter 5, Section 11 and Chapter 7.5-11, Section 5.B. Mr. Miriana moved to order that the Respondent correct the violations on or before February 15, 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. Walsh and unanimously carried. Case No. 01-2888: Property Address: Violations: Heritage Realty L.P. 245 SE 23 rd Avenue PT3-LDR, Chapter 23, Article I1.O; Repair potholes, seal and stripe lot per site plan. Replace any missing car stops. Inspector Roy presented the case. The City recommended 30 days. 16 Meeting Minutes Code Compliance Board Boyr~ton Beach, Florida January 16, 2002 Motion Based on the testimony and evidence presented in Case No. 01-2888, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Heritage Realty L.P. is in violation of the of PT3-LDR, Chapter 23-Article I1.O. Mr. Miriana moved to order that the Respondent correct the violations on or before February 15, 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. Walsh and unanimously carried. Case No. 01-3059: Property Address: Violations: Lillian V. Mayhew Sr. 313 SE 21st Avenue Section 10-2, 103 B.B.C. of Ord., Chapter 15, Article IX-15-120 (D), Inc. and PT3-LDR, Chapter 2, Section 5.F.1, Remove all articles from yard; they are a hurricane hazard and a nuisance. These items are not-permitted to be stored outside. Inspector Roy presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3059, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Lillian V. Mayhew Sr. is in violation of the City of Boynton Beach Code Sections 10-2 and 10-3 and Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances and PT3-LDR, Chapter 2, Section 5.F.1. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-2278: Property Address: Violations: Carmen & Vergia Virgil 431 NE 28th Court Chapter 15, Article IX-15-120 (D) .lA Storage of unlicensed, inoperable vehicle is not allowed on residential property. Inspector Guillaume presented the case. The City recornmended 30 days. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Motion Based on the testimony and evidence presented in Case No. 01-2278, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Carmen and Vergia Virgil are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) .lA. Mr. Miriana moved to order that the Respondent correct the violations on or before February 15, 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. Walsh and unanimously carried. Case No. 01-2949: Property Address: Violations: Joseph Fischer 421 NE 28th Court Chapter 15, Article IX-'15-120 (D) 1, Inc. Storage of unlicensed/inoperative vehicle is not allowed on residential property. Install sod in yard. Inspector Guillaume presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2949, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph Fischer is in violation of the City of the Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. Mr. Foot moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-2608: Property Address: Violations: Ernestine E. Bush 2190 NE 1st Lane Sections 15-16 B.B.C. of Ord., Chapter 15, Article IX-15-120 (D) Inc. Install number on house. De-weed and redefine parking area. Remove all loose trash and debris. Paint gables and fascia of house. Inspector Melillo presented the case. The City recommended 30 days. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 'Motion Based on the testimony and evidence presented in Case No. 01-2608, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Ernestine E. Bush is in violation of the City of Boynton Beach Code Sections 15- 16 and Chapter 15, Article IX-15-120 (D) 1, Inc. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-3098: Property Address: Violations: Ruben Pabon-Morales/Maria Cruz 327 NE '15th Avenue PT 3-LDR, Chapter 20, VIII-Section 2.A, Chapter '15, Article ~X-15-'120 (D), Inc. and Sections '15-16 B.B.C. of Ord.; Repair multiple roof leaks. Repair and sealcoat driveway. Remove all loose trash. Repair fence. Install number on house visible from road. Inspector Melillo presented the case. Everything has complied except for the driveway. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3098, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Ruben Pabon-Morales and Maria Cruz are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. Mr. Walsh moved to order that the Respondents correct the violations on or before February 15, 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 No. 01-2725: Property Address: Violations: Lisha Thompson 335'1 E. Atlantic Drive Chapter 15, Article IX-15-120 (D) I.D. Please install sod in all bar spots to make your yard uniform. Inspector Laverdure presented the case. The City recommended 30 days. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Motion Based on the testimony and evidence presented in Case No. 01-2725, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Lisha Thompson is in violation of the City of Boynton Beach Code Sections, Chapter 15, Article IX-15-120 (D) 1.D. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-2893: Property Address: Violations: Estime & Augustine Jacques 201 Miner Road Chapter t5, Article IX-15-120 (D) 1, Inc. Please mow and de-weed your yard. Trim bushes. Replace sod in yard and swale in are spots. Inspector Laverdure presented the case. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 01-2893, Mr. WalSh moved that this Board find, as a matter of fact, and as a conclusion of law that Estime and Augustine Jacques are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. Mr. Walsh moved to order that the Respondents correct the violations on or before March 15, 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 E)ivision to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case No.'01-2910: Property Address: Violations: Aguilar and Blanca Ciro 350 N. Palm Drive 10-2 B.B.C. of Ord., Chapter 15, Article IX- 15-120 (D) 1, Inc. and PT 3-LDR, Chapter 2, Section 4.J.1. Please trim your overgrown hedges around your property to 4", front and sides. Trim your trees. Put sod grass in your swale. Remove any trash and debris. Inspector Laverdure presented the case. The City recommended 30 days, 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida January16,2002 Motion Based on the testimony and evidence presented in Case No. 01-2910, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Aguilar and Blanca Ciro are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., Section 10-2 and T3-LDR, Chapter 2, Section 4.J.1, Mr. Walsh moved to order that the Respondents correct the violations on or before February 15, 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 No. 01-3001: Property Address: Violations: Gloria J. Lang 475 Miner Road 10-2 B.B.C. of Ord., Chapter 15, Article IX- 15-120 (D) 1, Inc. and 120 (E) 2C. Please fix your screen on front port. Mow and de- weed yard and swale on Grove Road. Apply for permit to extend driveway or sod grass in this area. Inspector Laverdure presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3001, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Gloria J. Lang is in violation of the City of Boynton Beach Code Sections 10-2, Chapter 15, Article IX-15-120 (D) 1, Inc and 120 (E) 2C. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-3159: Property Address: Violations: Khadine Earle 3140 E. Atlantic Drive PT3-LDR, Chapter 20-VIII, Section 2.A and 13-16 B.B.C. of Ord.; Please fix leak in your roof, Repair ceiling in living room. Fix broken windows. Make AJC operable or remove it. Replace screens that are missing. Make fire detector operable. Get 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 an occupational license. Some of these repairs may require permits. Inspector Laverdure presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3159, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Khadine Earle is in violation of the City of Boynton Beach Code Sections 13-16 and PT3-LDR, Chapter 20, VIII, Section 2.A. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-1786: Property Address: Violations: Mortgage Electronic Register 239 NE 13th Avenue Chapter 15, Article IX-15-120 (E) 2A, 120 (D) 1, Inc. and 120 (E) 2C. Please sod yard. Replace windows. Replace doors (exterior). Remove all loose trash. Remove un- permitted shed. Paint interior walls. Inspector Webb presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1786, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Mortgage Electronic Register is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (E) 2A, 120 (D) 1, Inc. and 120 (E) 2C. Mr. Miriana moved to order that the Respondent correct the violations on or before February 15, 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. Walsh and unanimously carried. Case No. 01-2254 Property Address: Violations: Town Tavern, Inc. 512 N. Federal Highway Chapter 15, Article IX-15-120 (D) 1, Inc. Please trim hedges, de-weed flowerbeds, 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 replace all dead and missing hedges, mow grass. Inspector Webb presented the case. The City recommended 60 days. Mr. Foot inquired about the length of time and Inspector Webb stated that a new landscape plan would have to be filed. Motion Based on the testimony and evidence presented in Case No. 01-2254, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Town Tavern, Inc. is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. Mr. Walsh moved to order that the Respondent correct the violations on or before March 18, 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 No. 01-2440 Property Address: Violations: Bible Church of God, Inc. 1390 N. Seacrest Blvd, SBC '97 Edition 104.1.1 and 104.7.5. Permit Application #00-0408, Fence started without a permit. See copy of "red tag" dated May 9, 2001. Inspector Webb presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2440, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Bible Church of God, Inc. is in violation of the SBC '97 Edition 104.1.1 and 104.7.5. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-25t7 Property Address: Violations: Walter Kendrick 222 NE 13th Avenue. Chapter 15, Article IX-15-120 (D) .lA. Storage of unlicensed and inoperable 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 vehicles on residential property is not allowed. Inspector Webb presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2517, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Walter Kendrick. is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) .lA. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-2671 Property Address: Violations: K. Hock Go 311 NW 2nd Street Section 13-16 B.B.C. of Orcl. An occupational license is required for rental property. Inspector Webb presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2671, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that K. Hock Go is in violation of the City of Boynton Beach Code Sections 13-16. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-2891 Property Address: Violations: Associated Financial 301 NW 10th Avenue Section 13-16 B.B.C. of Ord. An occupational license is required for rental property. Inspector Webb presented the case. The City recommended 30 days. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida January16,2002 Motion Based on the testimony and evidence presented in Case No. 01-2891, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Associated Financial is in violation of the City of Boynton Beach Code Sections 13-16. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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 E~oynton 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 No. 01-3117 Property Add ress: Violations: Toys "R" Us, Inc. & Rich Secour 601 N. Congress Avenue SBC '97 Edition 105.6. Permit #00-2059 - Required inspections, see copy of red tag" dated October 10, 16, 2001. Inspector Webb presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3117, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Toys "R" US, Inc. and Rich Secour are in violation of the SBC '97 ED 105.6. Mr. Walsh moved to order that the Respondent correct the violations on or before February 15, 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. Mr. Foot inquired if this was a safety issue and Inspector Webb stated it was according to the Fire Department. Inspector Webb said that he received a letter from the store manager today requesting 60 days. Inspector Webb noted that the air conditioner and the fire alarm were put in without a permit and fai~ed four inspections. Chairman DeLiso suggested that the fine be increased to $100 and the time for compliance be reduced to January 31st. Mr. Foot amended the motion to change the date of compliance to January 31, 2002 or be fined $100 per day. Mr. Walsh agreed to the amendment of his motion and seconded the amended motion. Motion unanimously carried. 25 Meeting Minutes Code ComplianCe Board Boynton Beach, Florida January 16, 2002 Case No. 01-2763 Property Address: Violations: Norma L. McCarter 413 SW 4th Street Chapter 15, Article IX-15-120 (D) 1, Inc. Please mow and de-weed overgrown yard areas. Sod needs to be installed in dead areas to establish a green lawn. Inspector Lewis presented the case. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 01-2763, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Norma L. McCarter is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. Mr. Foot moved to order that the Respondent correct the violations on or before March 18 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. Walsh and unanimously carriedu Case No. 01-2832 Property Address: Violations: Timothy Stewart 111 SW 6th Avenue Chapter 15, Article ~X-15-120 (D), Inc. and 20-6 B.B.C. of Ord. Repair driveway and apron. Boat to be parked on hard surface or behind front line of house. Remove inoperable vehicles. Inspector Lewis presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2832, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Timothy Stewart is in violation of the City of Boynton Beach Code Sections 20-6 and Chapter 15, Article IX-15-120 (D), Inc. Mr. Foot moved to order that the Respondent correct the violations on or before February 15, 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. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Case No. 01-2864 Property Address: Violations: Malvoisin Urlick 216 SW 5th Avenue Chapter 15, Article I)(-15-120 (D) 1, Inc. and 120 (E) 2 and SBC 97 ED 104.1.1. Please mow and trim overgrown yard areas. Deteriorated non-permitted shed needs to be removed as well as the wooden gazebo. Front yard needs new sod in dead areas. Remove all outdoor storage, buckets, trash and debris. Inspector Lewis presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2864, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Malvoisin Urlick is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., 120 (E) 2 and SBC '97 ED 104.1.1. Mr. Miriana moved to order that the Respondent correct the violations on or before February 15, 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. Inspector Lewis stated that the respondent had been present earlier, but had to leave, He requested 60 days for compliance. After discussion, the motion remained as stated, Case No. 01-2945 Sadrac J. Baptiste Property Address: 338 SW 9th Avenue Violations: Sections 10-2 and 10-52, B.B.C. or ORD, Chapter 15, Article IX-15-120 (D) 1, Inc. and 120 (E) 2A. Please remove unregistered/inoperable auto from the property. Rear property line needs Holly Tree remove and all overgrown weeds, hedges and shrubs need to be cut. House needs to be painted where it has deteriorated. Inspector Lewis presented the case and pointed out that this is a repeat offender. The City recommends 30 days. Motion Based on the testimony and evidence preSented in Case No. 01-2945, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Sadrac J. Baptiste is in violation of the City of Boynton Beach Code Sections 10- 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 2 and 10-52 and Chapter 15, Article IX-15-120 (D) 1, Inc. and 120 (E) 2A. Mr. Foot moved to order that the Respondent correct the violations on or before February 15, 2002. If the Respondent does not comply with this Order, a fine in the amount of $40.00 per day, plus Administrative Costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Walsh and unanimously carried. Case No. 01-3298 Property Address: Violations: Jocelyn Jean-Louis 117 SE 12th ,Avenue SBC '97 ED and BBA 104, Inclusive. Please remove non-permitted shed from the backyard. See copy of "red tag" dated November 1, 2001. Inspector Lewis presented the case. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3298, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Jocelyn Jean-Louis is in violation of the SBC '97 ED and BBA 104, Inclusive. Mr. Foot moved to order that the Respondent correct the violations on or before February 15, 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 No. 01-3482 Property Address: Violations: Scott Derrin 202 W. Boynton Beach Blvd. SBC '97 ED 104.1.1 and Chapter 15, Article IX-15-120 (D) 1, Inc. Remove all outdoor stored items, trash and debris from the property. Non-permitted sign and fence posts need to be removed from the property. Inspector Lewis presented the case and stated this was a repeat offender. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3482, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 Scott Derrin is in violation of the SBC '97 ED 104.1.1 and the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. Mr. Foot moved to order that the Respondent correct the violations on or before February 15, 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, LIEN PENALTY CERTIFICATIONS Case #99-704 Charles and Fred Rahming 224 NE 10th Avenue Staff recommends tabling this case for six months. Motion Mr. Foot moved that Case No. 99-704 be tabled until the Code Compliance Board Meeting to be held on July 17, 2002. Motion seconded by Mr. Welsh and unanimously carried. Case #01-2519 MJB Chelsea LLC 1645 SE 3rd Court #200 Deerfield Beach, FL 33441 320 N. Federal Highway Staff recommended tabling this case until February 20, 2002. Motion Mr. Foot moved that Case No. 01-2519 be tabled until February 20, 2002. Motion seconded by Mr. Walsh and unanimously carried. Inspector Roy stated that the City recommends certifying no fine on the following cases: Page 53, Case #00-3551, James Stupp Page 64, Case #01-1741, Kurt & Lisa Clark Motion Based on the testimony and evidence presented in Case No. 00-3551, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondent, James Stupp, was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.A, 120 (E) 2.A and SBC '97 Edition 104.1.1, subsequent to the date of compliance specified in this Board's Order of April 18, 2001. Mr. Walsh moved that this~ Board find that the Respondent failed to comply with this Board's Order, and that 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 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. 01-1741, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondents, Kurt and Lisa Clark, were in violation of Code Sections Chapter 15, Article IX-15-120 (D) I.D of the City Code or Ordinances, subsequent to the date of compliance specified in this Board's Order of November 21,2001. Mr. Walsh 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. Inspector Roy recommending that the fine of $25 per day be certified for the following cases: Page 55, Case #01-2312 Page 56, Case #01-2313 Page 58, Case #01-2575 Page 59, Case #01-2329 Page 61, Case #01-2090 Page 63, Case #01-1558 Page 66, Case #01-2516 Keisha Brown Keisha Brown Ruben Parker Mata Chorwadi A. Coleman, Jr. Luis and Diedre Benitez NationsBank Mortgage Corp. Motion Based on the testimony and evidence presented in Case No. 01-23~2, and having considered the gravity of the violations,, the actions taken by the Respondent and any and all previous violations committed by the Respondents, Mr. Walsh moved that this Board find that Keisha Brown has violated this Board's prior order of November 21, 2001, and this Board impose and certify a fine in the amount of $25 per day, plus Administrative Costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-23'13, and having considered the gravity of the violations, the actions taken by the Respondent and any and ail previous violations committed by the Respondent, Mr. Walsh moved that this Board find that Keisha Brown has violated this Board's prior order of November 21, 2001, and this Board impose and certify a fine in the amount of $25 per day, plus Administrative Costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida January16,2002 upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-2575, 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. Walsh moved that this Board find that Ruben Parker has violated this Board's prior order of November 21,2001, and this Board impose and certify a fine in the amount of $25 per day, plus Administrative Costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. -Motion Based on the testimony and evidence presented in Case No. 01-2329, 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. Walsh moved that this Board find that Mata Chorwadi, Inc. has violated this Board's prior order of November 21, 2001, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-2090, 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. Walsh moved that this Board find that A. Coleman, Jr. has violated this Board's prior order of November 21, 2001, and this Board impose and certify a fine in the amount of $25 per day, plus Administrative Costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-1558, 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. Walsh moved that this Board find that Louis and Deidre Benitez have violated this Board's prior order of October 17, 2001, and this Board impose and certify a fine in the amount of $25 per day, plus Administrative Costs, which shall continue 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2002 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. 01-2516, 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. Walsh moved that this Board find that NationsBank Mortgage Corp. has violated this Board's prior order of November 21, 2001, and this Board impose and certify a fine in the amount of $25 per day, plus Administrative Costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Mr. Walsh requested to add an item under New Business. Mr. Foot requested to adjust the agenda to allow Mr. Walsh to speak. Mr. Walsh requested to make a statement. He has served as an Alternate for two years on the Board and has listened to many appearance code violations. Since he is now a regular member, he has some concerns. The Ship Wreck Restaurant has been standing unsightly for over a year, and he asked why there had been no case against this establishment. Secondly, there has been scaffolding on the rug store across the street for over six months and the building is uninhabitable. There is another Tom Walsh that owns a building, which has not been completed in over three months. He would like action taken by the Code Division to bring these property owners into compliance; otherwise, he will choose not to serve on the Board. VI. ADJOURNMENT There being no further business, the meeting properly adjourned at 9:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) (January 17, 2002) 32