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Minutes 12-19-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, DECEMBER 19, 2001 AT 7:00 P. M. Present Patti Hammer, Vice Chair Bob Foot James Miriana Enrico Rossi Dee Zibelli Tom Walsh Absent Christopher DeLiso, Chairman Jean Heinly-Bainer, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Richard Laverdure Skip Lewis Mike Melillo Vestiguerne Pierre Willie Webb I. CALL TO ORDER In Chairman DeLisO's absence, Vice Chair Hammer acted as Chairperson and called the meeting to order at 7:00 p.m. II. APPROVAL OF MINUTES, NOVEMBER 21, 2001 Motion Mr. Foot moved to approve the minutes. Mr. Walsh seconded the motion that carried unanimously. Ms. Zibelli inquired whether there had been any resolution concerning the board meeting attendance issue and Assistant City Attorney Tolces advised that he would have the answer by the next Code Compliance Board meeting. II1. APPROVAL OFAGENDA Mr. Blasie requested that the following changes be made to the agenda: 1) Page 2, (Case #01-2562), removed 2) Page 3, (Case #01-2275), complied 3) Page 4, (Case #01-2276), complied 4) Page 5, (Case #01-2278), removed 5) Page 7, (Case #01-1608), removed 6) Page 9, (Case #01-2492), removed 7) Page 11, (Case #01-2897), complied 8) Page 15, (Case #01-2639), removed 9) Page 19, (Case #01-2938), complied 10) Page 21, (Case #0!-3027), complied 11 ) Page 25, (Case #01-2413), complied Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 Motion Mr. Rossi moved to approve the agenda as amended. Mr. Walsh seconded the motion that carried unanimously. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Mr. Blasie called the roll. People who were present would have their cases heard first. Assistant City Attorney David Tolces administered the Oath to all persons who would be testifying. Acting Chair Hammer explained the plea system to the audience. V. NEW BUSINESS A. CASES TO BE HEARD Case #01-1353: Property Address: Violation: Steve & Ruth Schultz 1164 S.W. 27th Avenue Standard Building Code 1997 Edition 104.1.1, Permit required for canopies Mike Melillo, Senior Code Compliance Officer, requested that this case be tabled for one month since the City had not come to a decision about canopies yet. Motion Mr. Foot moved to table Case No. 01-1353 until January 16, 2002. Mr. Walsh seconded the motion that carried unanimously. Case #01-223: Property Address: Violation: Thomas Murphy Jr. 710 NE 7th St., 403 Part 3, Land Development Regulations, Chapter 23, Article I1.O. Inspector Melillo reported that this property was originally cited on January 31, 2001 for broken asphalt. The complaint came from a neighborhood condominium association and service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-223, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Thomas Murphy Jr. is in violation of City of Boynton Beach Code Section Part 3, Land Development Regulations, Chapter 23, Article II.O. Mr. Foot moved to order that the Respondent correct the violation on or before January 14, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and 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. The motion failed for lack of a second. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 Ms. Aronofsky explained an administrative preference for having a compliance date precede the next meeting date by at least two days. Motion Based on the Testimony and evidence presented in Case No. 01-223, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Thomas Murphy Jr. is in violation of City of Boynton Beach Code Section Part 3, Land Development Regulations, Chapter 23, Article II.O. Mr. Miriana moved to order that the Respondent correct the violation on or before February 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case #01-2862: Property Address: Violation: Robert Awad 125 S.W. 1st Avenue Chapter 15, Article IX-15-120(D)1, Inclusive Inspector Lewis stated that the property had originally been cited on October 24, 2001 for violations of the Community Appearance Code. Service was by hand carry. Robert Awad, 911 Chapel Hill Boulevard, Boynton Beach, pled no contest and asked for sixty days. Inspector Lewis believed that he would need ninety days. Motion Based on the Testimony and evidence presented in Case No. 01-2862, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Robert Awad is in violation of City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1, inclusive. Mr. Foot moved to order that the Respondent correct the violation on or before March 22, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. LIEN PENALTY CERTIFICATION (TABLED) Assistant City Attorney Tolces administered the Oath to Ms. Clara Andrews, who arrived late. Case #00-593 Clara Andrews 410 N.W. 15th Avent~e Inspector Melillo reported that the notice of violation date for this case was March 23, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing date was set for January 17, 2001 and Ms. Andrews appeared. The Board set a compliance date of April 16, 2001 and a fine of $25.00 per day and administrative costs if not in compliance by that date. The property is not yet in compliance for 247 days of non-compliance to date. Inspector Melillo read into the record a letter he had received 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 from Octavia Sherrod, Community Development Manager, dated January 30, 2001 pertaining to the case. The letter is attached to the original minutes. In summary, the letter related that the Community Development Department had assisted Ms. Andrews by giving her 13 pallets of sod last year. However, Ms. Andrews' application for assistance only listed Ms. Andrews' income, and there are four adults and four children living on the premises. Ms. Andrews must reapply, listing the salaries of the family members who live with her, before the Community Development Department will be able to offer further assistance. If Ms. Andrews follows through with the new application, giving all the necessary information, and moves vehicles in the driveway, the Community Development Department will repair a hole in the driveway. Ms. Sherrod expects Ms. Andrews to show some initiative about clearing up the violations. Inspector Melillo shared pictures with the Board showing that many of the original violations were still in evidence. He noted that the case had been tabled several times during the course of the preceding year. Mr. Foot inquired whether Ms. Andrews was aware that if the Board certified the fine, a lien would be placed on the property. Inspector Melillo believed that she was aware of that. Clara Andrews, 410 N.W. 15th Avenue, Boynton Beach, spoke of her efforts to make contact with Ms. Sherrod and finding her on vacation or out of the office. On one occasion, another individual in Ms. Sherrod's office stated that they were getting ready to do her driveway but that she had to move some cars first. She told him there was only one car and that it was not working. Motion Based on the testimony and evidence presented in Case No. 00-593, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Miriana moved that this Board find that Clara Andrews has violated this Board's prior Order of January 17, 2001, and this Board impose and certify a fine in the amount of $25.00 per day which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. The fine shall include administrative costs. Mr. Foot seconded the motion that carried unanimously. At the Respondent's request, Mr. Tolces explained that the Board had certified the fine on Ms. Andrews' property and that a lien would be on her property until she brings the property into compliance. When she comes into compliance, she may petition the Board to reduce the fine. He also explained that the fine that was set by the Board would continue to add up until the property comes into compliance. LIEN PENALTY CERTIFICATION Case #01-1539 LP Catalina 1789 N. Congress Avenue Inspector Cain advised that the notice of violation had been issued on June 28, 2001 for violations of the Standard Building Code. A Board hearing was held on October 17, 2001 and L. P. Catalina did not appear. A compliance date and proposed fine were set by the Board. LP Catalina was to bring the property into compliance by November 19, 2001 or be subject to a fine of $25.00 per day plus administrative costs. The property 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 came into compliance on December 14, 2001 for 24 days of non-compliance. The City recommended no fine. Joseph DeVivo, owner of the store, appeared on behalf of LP Catalina. There was some question at first as to whether he was legally authorized to act for LP Catalina, but Inspector Cain advised that he had spoken to LP Catalina and that they had approved Mr. DeVivo's representation. Mr. Tolces advised that any such arrangements should be put in written form. Motion Based on the testimony and evidence presented in Case No. 01-1539, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, LP Catalina, was in violation of Code Sections 104.1.1 and 104.7.2 of the Standard Building Code, 1997 Edition, subsequent to the date of compliance specified in this Board's Order of October 17, 2001. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certifies a fine in the amount of $0.00. Ms. Zibelli seconded the motion that carried unanimously. Case #01-1351 Brett Matchton 2788 S.W, 10th Street Inspector Melillo requested that the case be tabled due to a clerical error. Motion Mr. Miriana moved to table Case No. 01-1351 until February 20, 2002. Mr. Foot seconded the motion that carried unanimously. Case #01-1514 Rigel & Nigel Kowlessar 2888 S. Seacrest Bv. Inspector Laverdure reported that the notice of violation went out on June 26, 2001 for violations of the Community Appearance Code. A Board hearing was held on September 19, 2001 and Respondent did appear. A compliance date and proposed fine were set as November 1, 2001 or be fined $50.00 per day. The property came into compliance on December 6, 2001 for 16 days of non-compliance. The City recommended no fine. Nigel Kowlessar, 2888 S. Seacrest Boulevard, said that he could not comply by the date ordered by the Board because his company sent him to Key West for a month. When he returned from Key West he asked for an extension that was denied. He removed the violations and called for an inspection and all was in order. Motion Based on the testimony and evidence presented in Case No. 01-1514, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Nigel and Rigel Kowlessar, were in violation of Code Sections Chapter 15, Article IX-15-120(D) inclusive, subsequent to the date of compliance specified in this Board's Order of September 19, 2001. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 including administrative costs. unanimously. Mr. Walsh seconded the motion that carried Case #01-2311 Rozia Laine 327 S.W. 3rd Avenue Inspector Lewis reported that the notice of violation had been issued on August 29, 2001 for violations of the Community Appearance Code. A Board hearing was held on October 17, 2001 and Ms. Laine did not appear. A compliance date and proposed fine were set by the Board as November 19, 2001 or be fined $25.00 per day plus administrative costs. The property came into compliance on November 29, 2001 for 9 days of non-compliance. Inspector Lewis distributed a list of complaints about the property to the Board. The list spanned the time period from January 2000 to the present. Inspector Lewis recommended no fine at this time but wanted Ms. Laine to adhere to the Code in the future. Ms. Zibelli asked if Ms. Laine had been a repeat violator and Inspector Lewis responded that she had appeared before the Board on one other occasion. Acting Chair Hammer asked Ms. Laine why the vehicles were not removed. Rozia Lane, 327 S,W. 3rd Avenue, explained that she had received complaints about the cars but each time a complaint was issued, the cars were moved. Ms. Laine had difficulties with her husband that contributed to the violations, but was now divorced from him and wanted to keep the property in good shape. Motion Based on the testimony and evidence presented in Case No. 01-2311, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Rozia Laine, was in violation of Code Sections Chapter 15, Article IX-15-120(D) 1 inclusive and Section 10- 52 (A)subsequent to the date of compliance specified in this Board's Order of October 17, 2001. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 including administrative costs. Mr. Walsh seconded the motion. The Recording Secretary polled a roll call vote. The motion carried 5-1. Ms. Zibelli cast the dissenting vote. Case #00-3551 James Stupp 1102 N.W. 8th Street Inspector Pierre reported that the notice of violation had been issued December 29, 2000. A Board hearing was held on April 18, 2001 and Mr. Stupp appeared. A compliance date and proposed fine were set by the Board of June 18, 2001 or be fined $25.00 per day. The property is not yet in compliance for 184 days of non-compliance to date. Annie Stupp, '1102 N.W. 8th Street, appeared on behalf of her brother, James Stupp. She and her brother had gone up north after their father's death in June and did not return until October. They wrote a letter to Inspector Pierre explaining why they had not been able to finish all of the work that needed to be done. They removed the debris from the yard and fixed the fascia in the back of the house and would have the front fascia fixed by this weekend. She referred to the add-on structure in the back of the 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 house, saying that it had been there when her brother bought the house. They found the permit that was issued in 1977 to cover its construction but did not find any record of any final inspections. The items that are in the closed-in area will be removed. They need time to finish up the job and they need further instructions from the Code Compliance Department about the structure in the back of the house. Mr. Tolces stated that the issue was whether or not the construction was installed in conjunction with that permit and if there were any final inspections done on it. Those questions will have to be handled between the property owner and the Code Compliance officer. Motion Mr. Walsh moved to table Case No. 00-3551 until the Code Compliance Board Meeting to be held on January 16, 2002. Mr. Foot seconded the motion. Mr. Miriana said that he recommended that the remaining work be completed in the meantime. Ms. Stupp stated that the only thing that needed to be done was the fascia in the front of the house. Inspector Pierre said that the City had helped them with the driveway but that many violations still exist and he wanted to see some progress. It had gone on for a long time. Mr. Foot stated that there should not be any discussion on a motion to table. He called the question on tabling. Ms. Stupp was directed to speak to the Code Compliance department about the permit ' issue. The motion passed unanimously. CASES TO BE HEARD Case #01-1635: Property Address: Violation: Marie Marseille 228 N.E. 20th Avenue Standard Building Code, 1997 Edition, 104.1.1 Inspector Melillo reported that the violation had been given on July 11, 2001 due to the lack of a permit for a room enclosure. The violation was discovered through a neighborhood complaint. Service was accomplished by hand carry. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1635, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Marie Marseille is in violation of the Standard Building Code, 1997 Edition, 104.1.1. Mr. Miriana moved to order that the Respondent correct the violation on or before January 14, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Department to arrange 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 for reinspection of the property to verify compliance with this Order. The motion was duly seconded and carried unanimously. Case #01-2454: Property Address: Violation: Brian and Jacqueline Fitzpatrick 3091 Ocean Parkway Chapter 15, Article IX-15-120(D).lA Inspector Laverdure reported that a citation had been issued on September 12, 2001 for an inoperable vehicle on the property. The violation was discovered through a routine inspection of the neighborhood. Service was accomplished by certified mail. The City recommended January 4, 2002. Motion Based on the testimony and evidence presented in Case No. 01-2454, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Brian and Jacqueline Fitzpatrick are in violation of the City Code Chapter 15, Article IX-15- 120(D).lA. Mr. Miriana moved to order that the Respondents correct the violation on or before January 4, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. The motion was seconded by Ms. Zibelli. Mr. Foot thought the fine should be higher since Mr. Fitzpatrick had been before the Board on other occasions. Inspector Laverdure stated that this was just for a vehicle and that it would probably be gone in the morning. Mr. Miriana amended his motion to show a compliance date of January 18, 2002. Ms. Zibelli seconded the amended motion. Mr. Foot asked Mr. Miriana why Mr. Miriana did not take the City's recommendation into account, especially with a person who had been a repeat violator. Mr. Foot believed that in discussion, the Board had decided to raise the fine from $25.00 to $50.00 per day. Mr. Miriana did not wish to alter his motion. The motion carried 5-1, with Mr. Foot dissenting. Case #01-2927: Property Address: Violation: Michael Morgan 3255 E. Palm Drive Part 3-LDR, Chapter 2, Section 4.J.1; Chapter 15, Article IX-15-120(D)1, inclusive Inspector Laverdure reported that the property had originally been cited on October 29, 2001 for a hedge that needed to be trimmed to four feet in height. The violation was found by routine inspection of the neighborhood. Service was accomplished by certified mail. The City recommended January 4, 2002. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 Motion Based on the testimony and evidence presented in Case No. 01-2927, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Michael Morgan is in violation of the City of Boynton Beach Code sections PT 3, LDR, Chapter 2, Section 4.J.1. and Chapter 15, Article IX-15-120(D)1, inclusive. Mr. Walsh moved to order that the Respondent correct the violations on or before January 18, 2002. If the Respondent does not comply :with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion. Mr. Foot did not understand why Mr. Walsh wanted to extend the City's January 4, 2002 recommendation to January 18. The Recording Secretary polled a roll call vote. The motion carried 5-1. Mr. Foot cast the dissenting vote. Case #01-2928: Property Address: Violation: First Union National Bank 3031 E. Palm Drive Part 3, LDR, Chapter 2, Section 4.J.1; Chapter 15, Article IX-15-120(D)1, inclusive Inspector Laverdure reported that this property had been cited for hedges on October 29, 2001. The violation was discovered by a routine inspection. Service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2928, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that First Union National Bank is in violation of the City of Boynton Beach Code Part 3, Land Development Regulations, Chapter 2, Section 4.J.1. and Chapter 15, Article IX-15- 120(D)1, inclusive. Mr. Walsh moved to order that the Respondents correct the violation on or before January 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day and administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #01-2563: Property Address: Violation: Rose Exantus & Amos Isaac 738 S.W. 1st Avenue Standard Building Code, 1997 edition, 104.1.1 Inspector Lewis reported that this property had been cited on September 26, 2001 through a red tag from the Building Department. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2563, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Rose Exantus & 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 Amos Isaac are in violation of the Standard Building Code, 1997 Edition, 104.1.1. Mr. Walsh moved to order that the Respondents correct the violation on or before January 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25,00 per day and administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order, The motion was duly seconded and carried unanimously. Case #01 '2883: Property Address: Violation: Charlotte Dirk 328 S.W. 6th Avenue Section 10-2; Chapter 15, Article IX-15- 120(D)1,lnc. and (E)2 of the Boynton Beech Code of Ordinances Inspector Lewis reported that this property had originally been cited on October 24, 2001 for violations of the Community Appearance Code. The City recommended 30 days, January 18, 2002. Motion Based on the testimony and evidence presented in Case No. 01-2883, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Charlotte Dirk is in violation of the City of Boynton Beach Code Section 10-2, Chapter 15, Article IX-15- 120(D1, Inclusive, and (E)2. Mr. Walsh moved to order that the Respondents correct the violation on or before January 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #01-2421: Property Address: Violation: Calvin & Katherine King 415 N,W. 8th Avenue Chapter 15, Article IX-15-120(D),lnc. Inspector Pierre reported that the property had been cited on September 1, 2001 for violations of the Community Appearance Code. The violation was brought to light by a routine inspection. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2421, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Calvin & Katherine King are in violation of the City of Boynton Beach Code Section Chapter 15, Article IX-15-120(D), inclusive. Mr. Miriana moved to order that the Respondents correct the violation on or before January 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 Case #01-2940: Property Address: Violation: Jean Joseph 124 N.E. 4th Avenue Section 13-16 and Chapter 15, Article IX- 15-120(D).lnc of the Boynton Beach Code of Ordinances Inspector Pierre reported that this property had been cited on October 29, 2001 for violations of the Community Appearance Code and for an occupational license for rental property. Mr. Joseph asked Inspector Pierre to ask the Board for 30 days to clear up the violations. Motion Based on the testimony and evidence presented in Case No. 01-2940, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Jean Joseph is in violation of the City of Boynton Beach Code Section 13-16 and Chapter 15, Article IX- 15-120(D), inclusive. Mr. Walsh moved to order that the Respondent correct the violations on or before January 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondent is fUrther ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #01-3029: Property Address: Violation: James Clark 130 N.W. 5th Avenue Section 13-16 and Chapter 15, Article IX- 15-120(D)lA of the Boynton Beach Code of Ordinances Inspector Pierre reported that this property had received a violation on November 2, 2001 for an occupational license for rental property and for unregistered/inoperable vehicles on the property. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3029, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that James Clark is in violation of the City of Boynton Beach Code Section 13-16 and Chapter 15, Article IX-15-120(D)1A. Mr. Miriana moved to order that the Respondent coi~rect the violations on or before January 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The ReSpondent is further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case #01-2410: Property Address: Violation: Sandra Bosch & Ziad Kaddouri 118 N.W. 10th Avenue Chapter 15, Article IX-15-120(D)1, Inc. Inspector Webb reported that this property had been cited on September 7, 2001 for violations of the Community Appearance Code. The violation was discovered through a 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida December t9, 200'1 routine inspection. Service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2410, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Sandra Bosch & Ziad Kaddouri are in violation of the City of Boynton Beach Code Section Chapter 15, Article IX-15-120(D)1, inclusive. Mr. Miriana moved to order that the Respondents correct the violation on or before January 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case #01-2412: Property Address: Violation: Ziad Kaddouri 128 N.W. '10th Avenue Chapter 15, Article IX-15-'120(D)1, inclusive Inspector Webb related that the property had been cited on September 7, 2001 for violations of the Community Appearance Code. The violation was discovered through a routine inspection. Service was accomplished by certified mail. Motion Based on the testimony and evidence presented in Case No. 01-2412, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Ziad Kaddouri is in violation of the City of Boynton Beach Code Section Chapter 15, Article IX-15-120(D)1, inclusive. Mr. Miriana moved to order that the Respondent correct the violation on or before January 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case #01-2414: Property Address: Violation: William Jenkins 612 N.E. 7th Avenue Chapter 15, Article IX-'l 5-120(D)'1B Inspector Webb reported that the property had been cited on September 7, 2001. The violation was discovered through a routine inspection. Service was obtained by posting. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2414, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that William Jenkins is in violation of the City of Boynton Beach Code Section Chapter 15, Article IX-15- 120(D)lB. Mr. Walsh moved to order that the Respondent correct the violation on or 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 before January 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #01-2416: Property Address: Violation: Jerry McAdoo 201 N.W. 7th Avenue SBC 1997 edition, 104.6.1 and 105.6 Inspector Webb reported that this property had been cited on September 10, 2001. The violation surfaced through a red tag from the Building Department. Service was accomplished by posting. The City recommended 10 days since all that was needed was an inspection. Motion Based on the testimony and evidence presented in Case No. 01-2416, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Jerry McAdoo is in violation of the Standard Building Code, 1997 Edition, 104.6.1 and 105.6. Mr. Foot moved to order that the Respondent correct the violation on or before December 29, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion. Mr. Walsh noted that Mr. McAdoo had appeared before the Board on several occasions and wanted to raise the fine to $75.00 per day. Mr. Foot amended his motion to show a fine of $50.00 a day and administrative costs. Ms. Zibelli acCepted the amended motion and it carried unanimously. Case #01-2436: Property Address: Violation: Richard Jones 420 N.W. 3rd Avenue Chapter 15, Article IX-15-120(D)l, inclusive Inspector Webb reported that this property had originally been cited on September 11, 2001 as a result of a routine inspection. Service was accomplished by posting. Motion Based on the testimony and evidence presented in Case No. 01-2436, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Richard Jones is in violation of the City of Boynton Beach Code Section Chapter 15, A~ticle IX- 15-120(D)1, inclusive. Mr. Miriana moved to order that the Respondent correct the violation on or before January 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day and administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code 13 Meeting Minutes Code Compliance Board BoYnton Beach, Florida December 19, 2001 Compliance Department to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion. Mr. Foot asked if Mr. Jones was a repeat violator and Inspector Webb replied in the affirmative. Mr. Foot amended the motion to $50.00 per day and Mr. Walsh seconded it. Mr. Tolces stated that it was Mr. Miriana's motion and that it was up to him to amend it. Mr. Miriana did not want to amend his motion and his motion had been seconded. Mr. Tolces stated that Mr. Miriana's motion had to be voted on first. Mr. Foot disagreed, saying that the amendment of a motion was like tabling a motion and comes before a vote. Mr. Tolces stated that the only person who can amend a motion is the maker of the motion. Mr. Foot noted that if Mr. Miriana chose not to amend the motion, then the Board would have the option of amending the motion. A vote was taken on Mr. Miriana's motion. The motion carried 5-1. Mr. Foot suggested that since he was on the prevailing side, he recommended that the fine be raised to $50.00 per day. Mr. Tolces said that the first motion would have to be to reconsider that motion. Motion Mr. Foot moved to reconsider the motion on Case 01-2436. Mr. Walsh seconded the motion. The motion to reconsider passed unanimously. Motion Mr. Foot moved that the action previously taken on Case 01-2436 be amended to provide for a fine of $50.00 per day. Mr. Walsh seconded the motion. The Recording Secretary polled a roll call vote on the amended motion. The motion carried 5-1. Ms. Zibelli cast the dissenting vote. Case #01-2590: Property Address: Violation: Thelma & Jessie Patterson 531 N.W. 12th Avenue Chapter 15, Article IX-15-120(D).lA & Section 10-2 Inspector Webb reported that this case had complied. Motion Mr. Foot moved to dismiss Case No. 01-2590 due to compliance. Mr. Walsh seconded the motion that carried unanimously. Case #01-2684: Property Address: Violation: B & R Moore, Inc. 925 N. Federal Highway Standard Building Code, 1997 Edition 104.1.1 and 105.6 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 Inspector Webb reported that this property had been cited October 8, 2001. This violation surfaced through a red tag from the Building Department. Service was obtained by certified mail. The Building Department recommended that it be tabled for 30 days. Motion Mr. Foot moved to table Case No. 01-2684 to January 16, 2002. Mr. Miriana seconded the motion that carried unanimously. LIEN PENALTY CERTIFICATIONS (TABLED) Case #01-1687 Philomene Charleus & Narcisse Jacques 215 S.W. 5th Avenue 411 S.W. 9th Avenue Mr. Blasie stated that the City recommended no fine in Case No. 01-1687. Motion Based on the testimony and evidence presented in Case No. 01-1687, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violation(s) committed by the Respondent, Mr. Walsh moved that this Board find that Philomene Charleus & Narcisse Jacques have violated this Board's prior Order of October 17, 2001, and this Board imposes and certifies no fine. Mr. Midana seconded the motion that carried unanimously. Case #01-746 Edward Pickett 942 N.W. 8th Avenue Mr. Blasie recommended a fine of $25.00 per day plus administrative costs in this case. Motion Based on the testimony and evidence presented in Case No. 01-746, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Edward Pickett has violated this Board's prior Order of July 18, 2001, and this Board imposes and certifies a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that carried unanimously. Case #01-1111 Elizabeth Gamble & Willie Denson 115 N.W. 6th Avenue Mr. Blasie recommended a fine of $25.00 plus administrative costs in this case. Motion Based on the testimony and evidence presented in Case No. 01-1111, and having considered the gravity of the violation, the actions taken by the Respondents, and any 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Elizabeth Gamble and Willie Denson have violated this Board's prior Order of July 18, 2001, and this Board imposes and certifies a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that carried unanimously. Case #01-1391 Case #01-2228 Mary Pokrajac Continental Homes of FI. Inc. 7009 Middlebury Dr. 3647 Miner Road Mr. Blasie recommended no fine on Case Nos. 01-1391 and 01-2228 since they were in compliance. Motion Based on the testimony and evidence presented in Case No. 01-1391, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violation(s) committed by the Respondent, Mr. Walsh moved that this Board find that Mary Pokrajac has violated this Board's prior Order of September 19, 2001, and this Board imposes and certifies no fine. Mr. Miriana seconded the motion that carried unanimously. Motion Based on the testimony and evidence presented in Case No. 01-2228, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violation(s) committed by the Respondent, Mr. Walsh moved that this Board find that Continental Homes of FI. Inc. have violated this Board's prior Order of October 17, and this Board imposes and certifies no fine. Mr. Miriana seconded the motion that carried unanimously. LIEN PENALTY CERTIFICATIONS Case #01-2031 Case #01-1904 Case #01-1731 Case #01-1812 Fleurima Guillaume & Macius Alcinor Jean Messeroux Kirk & Susan Angelocci Everett & Doris Matthews 1711 N.E. 1st Street 2950 S.E. 2"d Street 3380 Ocean Pkwy. 3008 E. Palm Drive Mr. Blasie recommended imposition of a fine of $25.00 per day plus administrative costs in Case Nos. 01-2031, 01-1904, 01-1731, and 01-1812. Motion Based on the testimony and evidence presented in Case No. 01-2031, and having considered the .gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Fleurima Guillaume and Macius Alcinor have violated this Board's prior Order of October 17, 2001, and this Board imposes and certifies a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 19, 2001 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Motion Based on the testimony and evidence presented in Case No. 01-1904, and having considered the gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Jean Messeroux has violated this Board's prior Order of October 17, 2001, and this Board imposes and certifies a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Motion Based on the testimony and evidence presented in Case No. 01-1731, and having considered the gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Kirk and Susan Angelocci have violated this Board's prior Order of November 19, 2001, and this Board imposes and certifies a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Motion Based on the testimony and evidence presented in Case No. 01-1812, and having considered the gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Everett and Doris Matthews have violated this Board's prior Order of October 17, 2001, and this Board imposes and certifies a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr, Walsh seconded the motion that carried unanimously. Reconsideration of Case No. 01-1353 Mr. Blasie recommended that the Board extend the tabling date for Case No. 01-1353 for an additional month. Motion Mr. Walsh moved to reconsider the action in Case No. 01-1353. Mr. Foot seconded the motion to reconsider that was carried unanimously. Motion Mr. Walsh moved to table Case No. 01-1353 until February 20, 2002, Mr. Miriana seconded the motion that carried unanimously. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida December t 9, 2001 FORECLOSURES Case No. 01-398 Case No. 01-503 Case No. 01-100 Case No. 01-517 Case No. 01-518 Case No. 01-591 Case No. 00-2790 Bernard & Magda Villard/Bernard Yvens Raymondo & Linda Torres John Costanzo Willie & Leonard Albury Rosetta Dean Josephus McDonald Boynton Industrial Park Association Motion Mr. Foot moved that the above cases be forwarded to the City Attorney's Office for foreclosure proceedings. Motion seconded by Mr. Miriana and unanimously carried. VI. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 8:30 p.m. Respectfully submitted, Susan Collins Recording Secretary (one tape) ( 12/2 0/01 ) 18