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