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Minutes 11-21-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 21,200'! AT 7:00 P. M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chair Bob Foot James Miriana Dee Zibelli Absent Enrico Rossi Thomas Walsh, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cox Luney Guillaume Richard Laverdure Skip Lewis Mike Melillo Pete Roy Vestiguerne Pierre Willie Webb I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:00 p.m. II. APPROVAL OF MINUTES Mr. Blasie said that he read the minutes. Motion Mr. Foot moved to approve the minutes. Motion seconded by Ms. Zibelli and unanimously carried. III. APPROVAL OFAGENDA Mr. Blasie requested the addition of Item VI. F., Lien Reduction Update. Mr. Blasie requested that the following changes be made to the agenda: A. Page 4 B. Page 14 C. Page 15 D. Page 21 E. Page 24 removed (Case #01-2524), Jerome & Cathy Albanese, removed (Case #00-3495, Johnny Marcandy, complied (Case #01-909), Earnest Roberts, removed (Case #01-2495), Thomas Williams & Barbara Dean, complied (Case #01-065), John & Dinah Grounds & Anthony Romaella, Jr., Page 35 (Case #01-2344), Janice Lamoureaux, complied Page 36 (Case #01-2478), Denise Willis, complied Page 38 (Case #01-2653), Boynton Lodge #236, complied Meeting Minutes Code Compliance Board Boynton Beach, FL November 211, 2001 Since the respondent in Case #01-307, Evelyn Velez (Page 68), has not appeared for her lien reduction at the past several meetings, the City will be refunding her money. Also, the property is no longer in ,compliance. Motion Ms. Zibelli moved to approve the agenda, as amended. Motion seconded by Vice Chair Hammer and unanimously carried. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Mr. Blasie called the roll. People who were present would have their cases heard first. 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 #01-483: Property Address: Violation: Thomas E. & Sandra M. Johnson 64 Paxford Lane SBC '97 ED 104.1.1 and 104.7.2; Permit Application 00-2637; Permit required for screen enclosure - See copy of Red Tag dated February 26, 2001. Inspector Cain presented the case. Thomas E. Johnson, 64 Paxford Lane, Boynton Beach, pled not guilty and distributed various documents to the Board (which are attached to the minutes). The respondent stated that when he pUrchased the home in 1993 the seller informed him that he could build a screen enclosure on the existing concrete slab in the rear of the property. His is the only home in Boynton Lakes North that did not have a screen enclosure. The original owner in 1990 had an approved permit to pour the slab with footers with the intent to build the enclosure. The respondent stated that when he applied for a permit for the enclosure in JUne 2000, it was denied because of utility easement encroachments. He pointed out that when the slab was approved in 1990 there was an encroachment on the utility easement at that time and the permit was still granted. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 The respondent stated that he built the screen enclosure without a permit because he had been told that there are many patios built by the original builder that encroached upon utility easements. When the respondent received notice of the code violation, he was told to speak to the Planning and Zoning Department. That Department requested documentation from the four utility companies that were involved, which he provided. He was also requested to provide a No Harm Statement, which he did, The respondent also said he met with Mr. Quintus Greene who suggested he speak to the City Attorney. Mr. Johnson thought the problem had been solved because he heard nothing further for two months. He then received notice to appear at the Code Board hearing. Mr. Johnson presented photographs of the property and letters fi'om his neighbors stating they did not object to the enclosure. He asked that he be allowed to keep the screen enclosure. Chairman DeLisO inquired if the original building permit included the slab and enclosure and the respondent stated it included both. Chairman DeLiso inquired if there was any relief from the City for the respondent to keep the screen enclosure. Inspector Cain pointed out that the respondent is being cited for putting up the enclosure without a permit and is in violation of the City Code. Inspector Cain stated that the enclosure does not meet the setback requirements. Attorney Tolces pointed out that the plan review comments contain a statement that the proposed enclosure is on a 10' utility easement and utility easements cannot be encroached upon. Therefore, the permit cannot be approved. Attorney Tolces noted that the respondent was advised that he could not build the enclosure as originally intended. Despite this, he built the enclosure. Mr. Miriana suggested that the respondent apply for a variance. Mr. Foot suggested giving the respondent 60 days to resolve the situation with the City. Ms. Zibelli inquired what the City's position was. Mr. Blasie inquired about the outcome of the conversation the respondent had with the City Attorney. The respondent stated; that the City Attorney informed him that he would look into the issue. Mr. Blasie also pointed out that the back of the respondent's house uses more of the rear of the property than other homes in the development and that is why the other houSes were able to build enclosures. Mr. Foot inquired how long it would take the respondent to resolve his problems with the City. Mr. Blasie felt that the respondent has used all his resources except to speak with his Commissioner. Mr. Blasie stated that this Board must deal with the Code and the respondent built the enclosure without a permit. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Motion Based on the testimony and evidence presented in Case No. 01-483, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of ~aw, that Thomas E. and Sandra M. Johnson are in violation of the SBC '97 Edition 104.1.1 and 104.7.2. Mr. Foot moved to order that the Respondents correct the violations on or before January 14, 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 died for lack of a second. Motion Vice Chair Hammer moved that Case No. 01-483 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Mr. Miriana. Motion carried 4-1 (Mr. Foot dissenting). Case #00-3202: Property Address: Violation: Theresa M. Vandeweghe 313 SW 4th Street Chapter 15, Article IX-15-120 (D) 1.D and (D) .lB; Please mow and trim overgrown property; front yard needs new sod planted to establish a ~awn. Inspector Lewis presented the case. The case was originally cited on November 9, 2000. Theresa Vandeweghe, 313 SW 4th Street, Boynton Beach pled not guilty and requested six months for compliance. The respondent stated there are two large trees on the property and she cannot grow grass. She had applied to Community Redevelopment for assistance and is not certain if she is eligible for sod. She was informed that there would be no assistance to remove or prune the trees. Also, the irrigation system needs repair. She said that she is disabled and is not in a financial position to bring the property into compliance. Inspector Lewis responded that the respondent never followed through with her application to the Community Redevelopment Division. Ms. VandeWeghe said she did not want to replace the sod unless she received assistance with the trees and that is why she did not follow through with Community Redevelopment. Photographs were presented to the Board. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL November 2'~, 2001 Motion Based on the testimony and evidence presented in Case No. 00-3202, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Theresa M. Vandeweghe is in violation of the Chapter 15, Article IX-15-120 (D) .lB and 120 (D) 1.D of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before May 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 died for lack of a second. Motion Vice Chair Hammer moved that Case No. 00-3202 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Mr. Miriana. Motion carried 4-1 (Mr. Foot dissenting). Mr. Foot questioned why the Board was choosing to table cases instead of providing a reasonable time period for compliance through its normal process. Attorney Tolces responded that the Board has the right to take whatever action it deems fit. Chairman DeLiso recommended that the respondent follow through with Community Redevelopment for assistance. Case #01-2145: Property Address: Violation: Lisa J. Summers 502 NW 8th Court SBC '97 Edition 104.1.1; Please obtain a permit for wood fence. Inspector Pierre presented the case. The violation was discovered through routine inspection and the City recommends 30 days to obtain a permit. Lisa J. Summers, 502 NW 8th Court, Boynton Beach, stated that the City requested that a survey be furnished and she is trying to locate the survey that was done when she purchased the property. Her bank informed her that they cannot locate it and she cannot afford to have another one done. The respondent requested three months to locate the survey. Motion Based on the testimony and evidence presented in Case No. 01-2145, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Lisa J. Summers is in violation of SBC '97 Edition 104.1.1 of the City Code of 5 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Ordinances. Mr. Foot 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, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this order. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-2271: Property Address: Violation: John & Nancianne Fowee 118 SE 30th Avenue SBC '97 Edition 104.1.1; Permit required for above ground pool Inspector Roy presented the case. The property was originally cited on August 22, 2001 through a neighborhood complaint. Service was accomplished by certified mail and the City recommends a compliance date of December 31, 2001. Mr. John Fowee, 118 SE 30th Avenue, Boynton Beach pled no contest and requested 60 days. Motion Based on the testimony and evidence presented in Case No. 01-2271, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that John and Nancianne Fowee are in violation of SBC' 97 Edition 104.1.1. Vice Chair Hammer moved to order that the Respondents correct the violations on or before January 14, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2573: Property Address: Violation: James A. Cook 1164 SW 28th Avenue Chapter 15, Article IX-15-120 (D), Inc. and 15-16 B.B.C. of Ord.; Remove weeds and re-sod yard; repair sprinkler system; maintain lawn per code; Also install street numbers. Inspector Roy' presented the case and stated that the respondent had complied with Section 15-16 (numbers on the house). The property was cited through routine inspection and service was accomplished by certified mail. The City recommends January 21,2002 for a compliance date. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL November 2'~, 2001 James Cook, 1164 SW 28th Avenue, Boynton Beach, pled no contest and asked for 60 days for compliance. Motion Based on the testimony and evidence presented in Case No. 01-2573, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that James A. Cook is in violation of Code Sections Chapter 15, Article IX- 15-120 (D), Inc. Of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before January 21, 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 reinslpection of the property to verify compliance with this Order. Motion seconded iby Mr. Foot and unanimously carried. Case #01-2541: Property Address: Violation: Selena R. Gibson 200 Miner Road SBC '97 Edition 104.1.1; driveway, electrical work, windows. Permit is required for plumbing, doom and Inspector Guillaume presented the case. The property was cited on September 24, 2001 through routine inspection. Selena Gibson, 200 Miner Road, Boynton Beach, pled no contest and asked for 60 days. Motion Based on the testimony and evidence presented in Case No. 01-2541, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Selena R. Gibson is in violation of the SBC '97 Edition 104.1.1. Mr. Foot moved to order that the Respondent correct the violations 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, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-1991: Property Address: Violation: Silas Clark & Elvira L. Razz 340 NW 16th Court Chapter 15, Article IX-15-120 (D), Inc.; repair and/or register your motor remove all loose items and trash. Remove, vehicles; 7 Meeting Minutes Code Compliance Board Boynton Beach, FL November 2'~, 2001 Inspector Melillo presented the case. The property was originally cited on August 7, 2001 through routine neighborhood inspection. Service was accomplished by posting. The Recording Secretary administered the oath to the respondent. Siles Clark, 340 NW 16th Court, Boynton Beach, pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1991, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Silas Clark and EIvira L. Razz are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before December 17, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25~00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2242: Property Address: Violation: Delian Antoine and Marie Premier 1521 NE 2nd Street Chapter 15, Article IX-15-120 (D) .lA; repair and/or register your white Toyota. Remove, Inspector Melillo presented the case. The property was originally cited on August 20, 2001 through routine neighborhood inspection. Service was accomplished by posting. Marie Premier, 1521 NE 2nd Street, Boynton Beach took the podium and Inspector Pierre interpreted for the respondent. The respondent pled no contest and requested 90 days. Inspector Pierre stated that the respondent was trying to return the vehicle to the person that sold it to her. The respondent informed Inspector Pierre that she gave the keys back to the seller and he is supposed to take the car back. Chairman DeLiso suggested 45 days, which would allow the respondent enough time to either return the car or have it towed. Motion Based on the testimony and evidence presented in Case No. 01-2242, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Delian Antoine and Marie Premier are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before January 2, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, .plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division 8 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-1666: Property Address: Violation: The Crossings of Boynton Beach 12 Crossings Circle F Section 3401.6 SBC '97; Violation at Krista Higgins, 26E Crossings Circle; roof is leaking and needs to be repaired; also, ceiling inside apartment needs to be repaired and the stairs. Inspector Cain stated the case was originally cited on July 13, 2001 through a complaint from a neighbor. Service was accomplished by certified mail. The City recommends December 21,2001 as the compliance date. Ms. Rena Betterton, Treasurer of The Crossings of Boynton Beach, pled no contest and asked for 30 days. The roofs have been repaired and only the stairs remain to be repaired. Motion Based on the testimony and evidence presented in Case No. 01-1666, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that The Crossings of Boynton Beach is in violation of Section 3401.6 SBC '97 Edition. Mr. Foot moved to order that the Respondent correct the violations on or before December 17, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. The Crossings of Boynton Beach also has a Fine Certification Case that was heard next. Case #01-1191 The Crossings of Boynton Beach 35 Crossings Circle #A Inspector Cain stated that the City is recommending tabling the case for 60 days. Motion Vice Chair Hammer moved that Case No. 01-1191 be tabled until the Code Compliance Board Meeting to be held on January 16, 2002. Motion seconded by Mr. Miriana and unanimously carried. Case #01,2324: Property Address: Scott Christoffers 54 Vista Del Rio 9 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Violation: SBC '97 Edition 104.1.1, Section 10-3 B.B.C. of Ord.; Chapter 15, Article IX-15-120 (D) .lA, Chapter 26, Section 26-145; Ladders on side of house are hurricane hazards; all construction materials not being used must be removed; permits are required for both propane tank and outside sink; please remove all paint buckets; the discharge of any water wastes into sewers are prohibited. Inspector Cain stated the case was originally cited on August 30, 2001. The sink is now in compliance and the only items remaining are the propane tanks. Service was accomplished by certified mail. The City is requesting a compliance date of December 1,2001. Scott Christoffers, 54 Vista Del Rio, Boynton Beach, pled no contest and requested 30 days. Inspector Cain stated that the respondent needed to apply for a permit. Mr. Christoffers stated that the tank was originally above ground and an inspector informed him that the tank had to be buried. He did not realize that he needed a permit to bury the tank, which is used to heat his pool. Motion Based on the testimony and evidence presented in Case No. 01-2324, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Scott Christoffers is in violation of SBC '97 Edition 104.1.1. Mr. Foot moved to order that the Respondent correct the violations on or before December 1, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and carried 3-1 (Vice Chair Hammer dissented and Chairman DeLiso had left the dais). Case #01-2496: Property Address: Violation: Scott and Eileen Christoffers 54 Vista Del Rio Section 1801.2.1.8--Swimming Pool Code; your pool is unsecured; please secure pool; fence must have a self-latching gate; fence must be at least five feet high to meet code. Inspector Cain stated the property was cited on September 18, 2001 through a neighborhood complaint. Service was accomplished by certified mail and the City recommends 30 days. The respondent agreed to 30 days. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Motion Based on the testimony and evidence presented in Case No. 01-2496, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Scott and Eileen Christoffers are in violation of Section 1801.2.1.8 of the Swimming Pool Code. Mr. Foot moved to order that the Respondents correct the violations on or before December 17, 2001. If the Respondents do not comply with this Order, a;fine in the amount of $25.00 per day, plus administrative costs, shall be imposed;. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and carried 4-0 (Ms. Zibelli had left the dais). Case #01-2285: Property Address: Violation: Joseph St. Elot 407 NE 2nd Street Chapter 15 - Article IX-15-120 (D) .lA and 120 (D) 1.E; Please remove all trash and debris, all auto parts from property and install sod in all bare spots. Inspector Webb presented the case and stated the property was originally cited on August 28, 2001 through routine neighborhood inspection. Service was obtained by certified mail. Mr. Joseph St. Elot, 407 NE 2nd Street, Boynton Beach pled no contest and asked for three months because the trees must be cut down before he places the sod. Motion Based on the testimony and evidence presented in Case No. 01-2285, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Joseph St. Elot is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA and 120 (D) 1.E of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations 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, 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. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) Case #01-382 Kathleen Romeo 32 Bedford Terrace 303 SW 7th Street 11 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21,200'1 N. Hampton, MA Kathleen Romeo, 32 Bedford Terrace, North Hampton, Massachusetts, stated that the property was rental property and was being managed by a property management company that was supposed to bring the property into compliance. The respondent did not know that a permit was required and hired a contractor to do the work. The contractor is in the process of obtaining the permit from the Building Department. Chairman DeLiso requested to view photographs of the property. Ms. Romeo asked for 90 days since she resides out of State. The respondent has applied for the occupational license and the work is done. All that remains is furnishing the Building Department with the required warranties. Mr. Foot suggested tabling the case until the January 16th meeting. The respondent asked for 90 days. Motion Vice Chair Hammer moved that Case #01-382 be tabled until the Code Compliance Board Meeting to be held on February 18, 2002. Motion seconded by Mr. Miriana. Mr. Foot pointed out that the meeting date in February is February 20, 2002. Vice Chair Hammer moved to amend her motion to February 20, 2002, which Mr. Miriana seconded. The motion unanimously carried. Case #01-746 Edward Pickett 942 NW 8th Avenue Inspector Pierre stated the property was cited for violation of the Community Appearance Code. No one appeared at the July 18, 2001 hearing. A compliance date of August 13, 2001 was set or be fined $25.00 per day. The property is still not in Compliance. Edward Pickett, 942 NW 8th Avenue, Boynton Beach, stated that because of the length of time it took for him to refinance his property, he did not receive the money in time to bring the property into compliance. He has a proposal for the driveway and needs to have a survey prepared. He is in the process of doing the other work and asked for two more months. Chairman DeLiso suggested tabling the case for 30 days in order to check on the respondent's progress. Motion Mr. Miriana moved that Case No. 01-746 be tabled until the Code Compliance Board Meeting to be held on December 19, 2001. Motion seconded by Vice Chair Hammer and unanimously carried. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Case #01-1231 John & Jalene Edmond 306 NW 7th Court Inspector Webb stated the property was cited for violation of the Community Appearance Code. No one appeared at the August 15, 2001 hearing date. A compliance date of September 17, 2001 was set or be fined $25.00 per day, The property complied on November 16, 2001 for 59 days of non-compliance. The City recommends recovering the costs of the four inspections. Chairman DeLiso asked to view the photographs. John Edmond, 306 NW 7th Court, Boynton Beach stated that he did not meet the compliance date because he did not receive the notices. Inspector Webb presented the respondent with a copy of the certified receipt and the respondent stated it was not his signature. The respondent said that when he received notice to appear at the October meeting, it was the first notice he received. He did appear and brought the property into compliance as directed. From looking at the photographs, Chairman DeLiso did not think the respondent did a good job in bringing the property into compliance. Motion Based on the testimony and evidence presented in Case No. 01-1231, Mr, Foot moved that this Board find, as a matter of fact, that the Respondents, John and Jalene Edmond, were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.B and (D) 1.E, subsequent to the date of compliance specified in this Board's Order of August 15, 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 $150.00, including administrative costs. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-1687 Philomene Charleus 8, Narcisse Jacques 215 SW 5th 411 SW 9th Ave. Inspector Lewis stated that the City recommends tabling the case for 30 days. Motion Vice Chair Hammer moved that Case No. 01-1687 be tabled until the Code Compliance Board Meeting to be held on December 19, 2001. Motion seconded by Mr. Miriana and unanimously carried. B. LIEN PENALTY CERTIFICATIONS Case #01-1483 Louis Marcelin 501 NW 13th Avenue Inspector Webb stated the property was cited for violation of the City's Community Appearance Code. No one appeared at the September 19, 2001 13 Meeting Minutes Code Compliance Board Boynton BeaCh, FL November 2t, 2001 hearing date. A compliance date of October 1, 2001 was set or be fined $25.00 per day. The property is not yet in compliance. Charles Joseph, 501 NW 13th Avenue, Boynton Beach, took the podium. Inspector Pierre interpreted for the respondent. The respondent stated that the property was just deeded to him last month and he is the new owner of the property. The respondent did not know that there were code violations on the property and does not know what needs to be done to bring the property into compliance. After discussion, it was determined to dismiss the case and to cite the new owner. Motion Vice Chair Hammer moved to dismiss Case #01-1483. Motion seconded by Ms. Zibelli and unanimously carried. C. LIEN REDUCTIONS Case #99-2444 Job Sylvain & Josette Bouchard 1123 Sea Pines Way Lantana, FL 33462 620 NE 7th Avenue Mr. Blasie stated that the property was cited on September 28, 1999 for violation of the Community Appearance Code. No one appeared at the November 17, 1999 hearing. The property was brought into compliance on August 30, 2001 for 624 days of non-compliance and a fine of $15,600 plus $634.12 in administrative costs. Mr. Blasie presented "before" and "after" photos of the property. Job Sylvain, 620 NE 7th Avenue, Boynton Beach, said that he now lives on the property. In 1999 he was separated from his wife and the property was under her care. He was living in Boca Raton at that time. Because he was not living at the Lantana address, he never knew about the violations and the liens. Mr. Blasie stated he should have known about the lien because there is a memo in his file from the City's Legal Department informing him that the mortgage holder was going to foreclose. Mr. Sylvain responded that when the court ordered the house be put in his name, he brought the property out of foreclosure. The respondent stated that he has put over $25,000 into the property. Mr. Miriana said that the property has greatly improved and is an asset to the neighborhood. The respondent took the property over in February 2001 and is still fixing it up. Members agreed that the property has been greatly improved. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21,200'1 Motion Based on the testimony and evidence presented in Case No. 99-2444, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Miriana moved that this Board find that the fine instituted in Case NQ. 99-2444, by virtue of this Board's Order of November 17, 1999, be reduced to '$634.12. This order is not final until the expiration of the time of appeal eXpires under Ordinance 01-07. Motion seconded by Vice Chair Hammer and carried 4-1 (Mr. Foot dissenting). Mr. Blasie advised the applicant of the appeal procedure. Case #98-1635 Rene Demesmin & Pheda Salomon 164 S. Palm Drive Mr. Blasie stated that the property was originally cited on May 22, 1998 for violation of the Community Appearance Code and Zoning Ordinances. No one appeared at the August 19, 1998 hearing. The property complied on November 14, 2001 for a total of 1156 days of non-compliance for a fine of $28,900 plus administrative costs of $730.15. Mr. Blasie presented "before" and "after" photos of the property to the Board. Rene Demesmin, 164 S. Palm Drive, Boynton Beach said he has not lived at the property for over four years. He paid someone to take care of the property for him. The respondent stated that he never received any mail regarding code violations and just found out there was a lien on the property when he put the property up for sale. Mr. Blasie said that the mail had been returned by the Post Office as unclaimed and service was made by posting. Chairman DeLiso asked the respondent where he had been living during the past four years and he stated that he lived in Lantana. Chairman DeLiso questioned why the respondent never checked on his property during this time period. He replied that he relied on the tenant to take care of the property for him. The respondent stated that he did not have enough money to keep the house in good repairs. Hewas informed that the house was his responsibility even if he did not live there. The respondent stated he was three months behind in his mortgage payments because the house is no longer occupied and he is not receiving any rent. Motion Based on the testimony and evidence presented in Case No. 98-1635, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach code of Ordinances, Mr. Miriana moved that this Board recommend that the fine instituted in Case #98-1635, by virtue of this Board's Order of August 19, 1998 be 15 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 reduced to $1,730.15, including administrative costs. Motion seconded by Vice Chair Hammer and unanimously carried. Mr. Foot pointed out that the Board no longer "recommends" the fine. Mr. Miriana amended his motion to read:..."find that the fine instituted in Case No. 98-1635 by virtue of this Board's Order of August 19, 1998 be reduced to $1,730,15 including administrative costs". Vice Chair Hammer seconded the amended motion that unanimously carried. The respondent was advised of the appeal procedure. Case #99-1084 Riverwalk Plaza Joint Venture 7890 Peters Road #G105 Ft. Lauderdale, FL 33324 1609 S. Federal Hwy. The respondent has two lien reduction cases to be heard tonight. The first case deals with awnings. The property was originally cited on May 12, 1999 and came into compliance on December 15, 1999 for 134 days of non-compliance and a fine of $3,350 plus $634.12 in administrative costs. Mr. Blasie stated that the delay for compliance was due in part to the lengthy process that the respondent went through with staff and the site plan modification. Mr. Robert Levy, 1690 S. Congress Avenue, Boynton Beach, agent for the applicant, took the podium. The respondent stated that the delay in putting up the awnings was due to the City's interpretation of the plans for the awnings. They had to hire an engineer, submit certified drawings and then go through the permitting process. After approval, the awnings had to be manufactured in accordance with the specifications, which resulted in the delay. Mr. Blasie was recommending no fine in this case since there is a second case on the agenda. Motion Based on the testimony and evidence presented in Case No. 99-1084, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 99-1084, by virtue of this Board's Order of July 21, 1999 be reduced to no fine. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Miriana and unanimously carried. Case #99-1157 Riverwalk Plaza Joint Venture 7890 Peters Road #G105 Ft. Lauderdale, FL 33324 1608 S. Federa~ Hwy. This is the second case, which is a violation of the Standard Building Code for permit intent. There were over 20 items involved in this case, many of which 16 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 were landscaping and are listed on the punch list prepared by the Building Department on November 2, 1998. Many meetings 'took place between the applicant and City staff addressing the issues. Also when the case came before this Board, a fine of $250 per day was assessed which has resulted in the $152,500 fine. The property complied on August 3, 2001 when the Building Department signed off on the permit. Mr. Blasie has no recommendation on this case. The case also involved a wall, which required a variance that was ultimately approved by the Commission. Because there was no room to put up a wall, a fence with landscaping was built in place of the wall, at a great expense because the respondent was required to post a bond for the improvements. The old fence had to be removed. Mr. Levy stated they also had problems with the contractors and had to hire a new contractor to complete the job. With regard to the dumpsters, it was never in the building plan to build dumpsters since there was no need for them. However dumpsters appeared on an older site plan and newer City staff requested that the dumpsters be built. Therefore, the same process with the wall ensued regarding dumpsters. The property now looks beautiful and is an asset to the City. Also, the irrigation system for the property had to be reconfigured because the City could not locate the file. Mr. Levy pointed out that while this process was taking place, the property was fully assessed and they were paying real estate taxes on the entire property. Trammel-Crow is now the property manager. They are taking excellent care of the property and the entire shopping center has been repainted. The applicant asked that the fine be reduced to administrative costs only. Chairman DeLiso noted that at a prior meeting, which was attended by Mr. Don Johnson, the City's Building Official, he stated that Riverwalk was not cooperating in taking care of the violations and that there was also a money issue. Further, at that time the respondent stated they did not have the funds to complete the project and thus requested a variance for the fence instead of the wall, which in great part caused the long delay in completing the project. Mr. Levy stated that the new fence and landscaping cost more than the wall would have cost. Because they had to change contractors, this resulted in a financial burden because the original contractor never completed the work. Chairman DeLiso questioned why it still would take 610 days to complete the project. The respondent stated that most of the items had been done as soon as possible and there were only a few items remaining, such as the dumpsters. Mr. Foot inquired when the fence was put up once the variance was approved. Mr. Levy stated two to three months. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Chairman DeLiso would like to have a representative from the Building Department present at the next meeting before the Board votes on this case. There are many discrepancies that need to be answered. Chairman DeLiso did not want to assess only administrative costs without hearing from the E~uilding Department. Mr. Blasie noted that at the October 1999 Compliance Board Meeting the respondent was given 60 days to complete the wall and dumpster issues. Mr. Footisuggested tabling the case. Motion Based on the testimony and evidence presented in Case No. 99-1157, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Hammer moved that this Board find that the fine instituted in Case No. 99-1157, by virtue of this Board's Order of July 21, 1999 be reduced to $730.15. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Mr. Mariana requested that the motion be amended to increase the fine to $1,730.15. Vice Chair Hammer amended her motion to increase the fine to $1,730.15. Mr. Miriana seconded the amended motion. Motion failed 2-3 (Chairman DeLiso, Mr. Foot and Ms. Zibelli dissenting). Motion Mr. Foot moved that Case No. 99-1157 be tabled until the Code Compliance Board Meeting tobe held on January 16, 2002. Motion seconded by Ms. Zibelli and unanimously carried. Vice Chair Hammer requested that Item VI.F. be moved up for discussion. F. LIEN REDUCTION UPDATE Mr. Blasie informed the Board that he discussed the issue with Ms. Prainito, City Clerk, regarding a second meeting date for the Board. Ms. Prainito noted that the last Wednesday of each month would be available, since most other nights have meetings scheduled. The fourth Monday of the month was the second choice. If the Board wanted to meet during the day, almost any date would be available. Members would like the second meeting to be scheduled during the day. Mr. Blasie suggested the last Wednesday during the day would be best. Mr. Foot suggested 3:00 p.m. as the time for the meeting. For clarification, Mr. Blasie requested that the date be the fourth Wednesday of the month, not the last Wednesday. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21,2001 Chairman DeLiso would also like to have a vote that would include if the agenda for the third Wednesday is extremely large, that some of the cases be moved to the meeting on the fourth Wednesday. Staff responded that the hearing notices are sent out in advance of the meeting date and it would be difficult to split the hearing dates. Mr. Foot suggested that if the agenda for a particular meeting date was small that the lien reductions could still be heard on the third Wednesday. Mr. Blasie stated this was possible, but it is hard to predict the length of any meeting. Motion Mr. Foot moved that the Board establish a schedule for special board meetings on the fourth Wednesday of each month at 3:00 p.m. to hear lien reduction requests, as needed. Motion seconded by Mr. Miriana. Attorney Tolces stated that the motion should be amended to reflect that lien reductions would only be heard on the fourth Wednesday of every month at a meeting scheduled at 3:00 p.m. Mr. Foot amended his motion to state that lien reductions would only be heard on the fourth Wednesday of every month at a meeting scheduled at 3:00 p.m. Vice Chair Hammer seconded the amended motion that carried 4-1 (Ms. Zibelli dissenting). Vice Chair Hammer inquired if this would affect the number of Board absences that are allowed. Chairman DeLiso thought that the Board absence policy is being redone. Attorney Tolces pointed out that currently the Ordinance provides that any Board member who misses two out of three successive meetings would be removed. He will speak with the Clerk's Office to verify what the Code does provide. It was noted that this would be a regularly scheduled meeting and not a "special" meeting, which Attorney Tolces stated was correct. He also pointed out that in the last lien reduction case the motion specified that the case would be tabled to the January 16, 2002 regular meeting and needs to be changed to the fourth Wednesday of December. Mr. Tolces noted that Mr. Levy was still in the audience and that the motion needs to be amended. Mr. Foot amended his motion that Case #99-1157 be tabled until the December 26, 2001 meeting at 3:00 p.m. Mr. Miriana seconded the amended motion that unanimously carried. CASES TO BE HEARD Case #01-2366: Property Address: Harold J. Smolik 209 SE 2nd Avenue 19 Meeting Minutes Code Compliance BOard Boynton Beach, FL November 21, 2001 Violation: SBC '97 Edition 104.1.1; Please apply for and receive proper permits and inspections for the change out of windows and wall replacement. See copy of "red tag" dated August 30, 2001. Inspector Lewis presented the case and stated that the City recommends a compliance date of December 17, 2001. Motion Based on the testimony and evidence presented in Case No. 01-2366, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that Harold J. Smolik is in violation of the Standard Building Code '97 Edition 104.1.1. Vice Chair Hammer moved to order that the Respondent correct the violation on or before December 17, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange.for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2090: Property Address: Violation: A. Coleman, Jr. 433 NW 5th Avenue Chapter 15, Article IX-15-120 (D), Inc.; Unregistered and inoperable vehicles are not allowed in residential area; remove all vehicles in back and front including trash and debris; repair or replace fence. Inspector Pierre presented the case and stated that the City recommends a compliance date of December 3, 2001. Motion Based on the testimony and evidence presented in Case No. 01-2090, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that A. Coleman, Jr. is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before December 3, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer and unanimously carried. Case #01-2148: Property Address: Bias H. Leandro 324 NW 7th Court 2O Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Violation: Chapter 15, Article IX-15-120 (D), Inc.; Remove all debris, including refrigerator and unregistered vehicle; Canopy on your property has been determined by the Building Department to be a structure and must be permitted and must meet setbacks, windloads and product approval. Inspector Pierre presented the case. The City recommends December 17, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2148, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Bias H. Leandro is in violation of Code Sections Chapter 15, Article IX- 15-120 (D), Inc. of the City Code or Ordinances. Mr. Midana moved to order that the Respondent correct the violation on or before December 17, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #01-2247: Property Address: Violation: W.L. and Lillie B. Haywood 305 NW 11th Avenue Chapter 15, Article ~X-15-120 (D), Inc.; Unregistered and inoperable vehicle is not allowed in residential area; Please remove it and all debris in the carport. Inspector Pierre presented the case. The City recommends December 17, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2247, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that W.L. and Lillie B. Haywood are is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code or Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violation on or before December 17, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Vice Chair Hammer left the meeting. Case #01-0966: Property Address: Violation: Cleo Briggs 2867 SE 2nd Street PT3--LDR, Chapter 20, VIII, Section I.G; Secure dwelling and openings to prevent entry by the public. Inspector Roy presented the case. The City recommends December 5, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-0966, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Cleo Briggs is in violation of PT3 of the Land Development Regulations, Chapter 20-VIII, Section 1 .G. of the City Code or Ordinances. Mr. Miriana moved to order that the Respondent correct the violation on or before December 5, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed, The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-2329: Property Address: Violation: Mata Chorwadi, Inc. 2821 S. Federal Highway SBC '97 Edition 104.6.1; dated August 8, 2001. See copy of "red tag" Inspector Roy presented the case. The City recommends December 5, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2329, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Mata Chorwadi, Inc. is in violation of the SBC '97 Edition 104.6.1 Mr. Foot moved to order that the Respondent correct the violation on or before December 5, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2554: Property Address: Marta R. Pejouhy 152 SE 28th Avenue 22 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Violation: SBC '97 Edition 103.5; Unpermitted structure on rear of house; house requires maintenance, open electric, holes in walls and ceilings; unsanitary conditions throughout. Inspector Roy presented the case. The City recommends December 21,2001 as the compliance date. Motion Bas,sd on the testimony and evidence presented in Case No. 01-2554, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Marta R. Pejouhy is in violation of SBC '97 Edition 103.5. Mr. Miriana moved to order that the Respondent correct the violation on or before December 21, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-2575: Property Address: Violation: Ruben Parker 3625 Diane Drive Section 13-16 B.B.C. of Ord.; Occupational License required to rent single family house. Inspector Roy presented the case. The City recommends December 5, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2575, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Ruben Parker is in violation of Section 13-16 B.B.C. of Ord. Mr. Foot moved to order that the Respondent correct the violation on or before December 5, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of BoYnton Beach Code Compliance division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-2312: Property Address: Violation: Keisha Brown 210 NE 28th Court SBC '97 Edition 104.6.1; Permit #00-5760 has expired due to time limits; See copy of "red tag" dated August 10, 2001. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Inspector Guillaume presented the case. The City recommends December 17, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2312, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Keisha Brown is in violation of SBC '97 Edition 104.6.1. Mr. Foot moved to order that the Respondent correct the violation on or before December 17, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2313: Property Address: Violation: Keisha Brown 210 NE 28th Court SBC '97 Edition 104.6.1; Permit #00-0090 has expired due to time limits; See copy of "red tag" dated August 9, 2001. Inspector Guillaume presented the case. The City recommends December 17, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2313, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Keisha Brown is in violation of SBC '97 Edition 104.6.1. Mr. Foot moved to order that the Respondent correct the violation on or before December 17, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2605: Property Add ress: Violation: Richard Guenette 214 NE 22nd Avenue Chapter 15, Article IX-15-120 (D) 1.D; Mow grass, weeds and trim yard. Inspector Melillo presented the case. The City recommends December 1, 2001 as the compliance date. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Motion Based on the testimony and evidence presented in Case No. 01-2605, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Richard Guenette is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1.D of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violation on or before December 1, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-2618: Property Address: Violation: Dumervil Saintilmon 1521 N. Seacrest Boulevard Chapter 15, Article IX-15-120 (D), Inc.; Remove all unregistered/inoperable motor vehicles; remove all trash and debris. Inspector Melillo presented the case, The City recommended December 1,2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2618, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Dumervil Saintilmon is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violation on or before December 1, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-1123: Property Address: Violation: Fontana Plaza, Ltd. 3629 S. Federal Highway SBC '97 Edition 103.1, 103.5 and 3401.6 and PT3- LDR, Chapter 7.5-11; Unsafe building; Landscape maintenance required. Inspector Laverdure presented the case. The City recommended December 17, 2001 as the compliance date. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Motion Based on the testimony and evidence presented in Case No. 01-1123, Mr. Midana moved that this Board find, as a matter of fact and as a conclusion of law, that Fontana Plaza, Ltd. is in violation of the Standard Building Code '97 Edition 103.1, 103.5 and 3401.6 and PT3-LDR, Chapter 7.5-11. Mr. Miriana moved to order that the Respondent correct the violation on or before December 17, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-2455: Property Address: Violation: Clarence H. Dewitt 118 Arthur Court Chapter 15, Article IX-15-120 (D) 1, Inc.; Please trim your bushes and trees; all overgrowth, bushes and overgrowth near street needs to be cut back. Inspector Laverdure presented the case. The City recommended December 1, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2455, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Clarence H. Dewitt is in violation of Code Sections Chapter 15, Article IX-15-120 (D), 1, Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before December 1, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-2456: Property Address: Violation: Marc A. Dorzema 121 Arthur Court Chapter 15, Article IX-15-120 (D) 1, Inc.; Please remove storage from carport - hurricane hazard; Re-sod or pull permit for driveway extension. Inspector Laverdure presented the case. The City recommended December 11, 2001 as the compliance date. 26 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Motion Based on the testimony and evidence presented in Case No. 01-2456, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Marc A. Dorzema is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violation on or before December 11,2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-2526: Property Address: Violation: Gerard Fumelus and Elsie Lauriston 220 SE 24th Avenue SBC '97 Edition 103.5; Unsafe electrical system; must install main breaker; see copy of "red tag" dated September 11,2001. Inspector Laverdure presented the case. The City recommended December 11, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2526, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Gerard Fumelus and Lauriston Elsie are in violation of the Standard Building Code '97 Edition 103.5. Mr. Foot moved to order that the Respondent correct the violation on or before December 11, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-2677: Property Address: Violation: Lucio and Marian V. Garcia 3245 E. Palm Drive Section 10-2 B.B.C. of Ord.; Chapter 15, Ar{icle IX- 15-120 (D) .lA, and 120 (E) 2A; Please mow and de-weed front and rear yard; trim overgrowth; remove old stove and plywood; paint fascia. Inspector Laverdure presented the case. The City recommended December 11th as the compliance date. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Motion Based on the testimony and evidence presented in Case No. 01-2677, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Lucio and Marian V. Garcia are in violation of Code Sections 10-2, Chapter 15- Article IX-15-120 (D) .lA and 120 (E) 2A of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before December 11, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-1334: Property Address: Violation: Lake Worth Christian School 7592 High Ridge Road SBC '97 Edition 104.1.1, 105.6 and 104.7.2; Permit application #00-301, permit and inspections required; see copy of "red tag" dated April 15, 2001 Inspector Cain presented the case. The City recommended January 21, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-1334, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Lake Worth Christian School is in violation of the Standard Building Code '97 Edition 104.1.1,105.6 and 104.7.2. Mr. Miriana moved to order that the Respondent correct the violation on or before January 21, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #01-1512: Cindy Odom Property Address: 209 NE 22nd Avenue Violation: Chapter 10, Article II, 10-24, Inc. and Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1.D; PT3-LDR, Chapter 20-VIII, Section 2.A, Section 2~B, Section 2.C, Section 2.E and Section 2.H; SFPC 603.2, SFPC 903.2.1, and Sections 10-2 and 13-16 B.B.C. of Ord.; Please remove and repair all items listed on attached sheet on back of violation notice: (1) remove trash and debris; (2) remove uncontainerized trash; (3) missing ground cover in excess of 100 square feet (4) paint roof and house, (5) windows need locking devices and need to be operational, (6) windows 28 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 need screens, (7) electrical appliances, switches, fixtures, receptacle cords need to be working (8) plumbing fixtures need to be operational (9) water closet needs to be working (10) working exhaust fan, (11) smoke detectors operable, (12) treat infestation, (13) a rental occupational license required, (14) remove dank water from swimming pool. Inspector Cain presented the case. The City recommends December 17, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-1512, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Cindy Odom is in violation of Chapter 10, Article il, 10-24, inc. and Chapter 15, Article IX-15-120 (E)2A and 120 (D) 1 .D; PT3-LDR, Chapter 20-VIII, Section 2.A, Section 2.B, Section 2.C, Section 2.E and Section 2.H; SFPC 603.2, SFPC 903.2.1, and Sections 10-2 and 13-16 B.B.C. of Ord. Mr. Foot moved to order that the Respondent correct the violation on or before December 17, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2480: Property Address: Violation: Murray Omari 2481 NW 2nd Street SBC '97 Edition 104.6.1; Re-roof completed without inspections; see copy of "red tag"' dated July 2, 2001. Inspector Cain presented the case. The City recommends December 1, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2480, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Murray Omari is in violation of SBC '97 Edition 104.6.1. Mr. Foot moved to order that the Respondent correct the violation on or before December 1,200'~. 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 #00-1951: Property Address: Josephine Daffin 315 NW 10th Avenue 29 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Violation: Chapter 15, Article 15-120 (E) 2, 120 (E) 2A, 120 (E) 2B and 120 (D) I.D; NEC 110-3 and SFPC 603.2 Dwelling is unsafe for human habitation. Vacate premises until corrective action is taken in order to meet minimum housing standards. House violations are: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Uncovered electrical outlet that must be covered (hot wires) Faulty electrical wiring in bedroom (hot wires) Ceiling lights wire exposed (hot wires) All doors must be weatherproof, watertight and rodent proof and have hardware, hinges in sound repair and windows. Bedroom wall cOntain holes that must be repaired. Bathroom has missing title behind tub, missing vanity door. Utility room has water leaking from washing machine. Electrical panel box covered by clothing items; must be clear at all times. All plumbing fixtures must be in good repair in kitchen and bathroom. Yard deficiencies include missing sod, trash and debris. House needs painting. Smoke detectors needed; fire extinguisher. Overgrowth and/or debris. Inspector Webb presented the case. The city recommends December 21, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-1951, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Josephine Daffin is in violation of Code Sections Chapter 15, Article 15-120 (E) 2, 120 (E) 2A, 120 (E) 2B and 120 (D) 1.D of the City Code of Ordinances and NEC 110-3 and SFPC 603.2. Mr. Foot moved to order that the Respondent correct the violation on or before December 21, 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 #00-1741: Property Address: Violation: Kurt and Lisa Clark 1219 NW 8th Court Chapter 15, Article 15-120 (D) 1.D; Please grade dirt and sod in City right-of-way in rear of property. 3O Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Inspector Webb presented the case. The City recommends December 21, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-1741, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Kurt and Lisa Clark are in violation of Code Sections Chapter 15, Article 15-120 (D) 1.D of the City Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violation on or before December 21, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #00-2516: Property Address: Violation: NationsBank Mortgage Corp. 141 NE 5th Avenue PT3-LDR, Chapter 20-VIII, Section 1.G; Please secure house to prevent unauthorized entry by the public. Inspector Webb presented the case. The City recommends December 1, 2001 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2516, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that NationsBank Mortgage Corp. is in violation of PT3~LDR, Chapter 20-VIII, Section 1.G. Mr. Foot moved to order that the Respondent correct the violation on or before December 1, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #00-2519: Property Address: Violation: MJB Chelsea LLC 320 N. Federal Hwy SBC '97 Edition 103.5; Bay 315, N. Federal Highway; permit required, see copy of "red tag" dated September 19, 2001. Inspector' Webb presented the case. The City recommends December 1, 2001 as the compliance date. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Motion Based on the testimony and evidence presented in Case No. 01-2519, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that MJB Chelsea LLC. is in violation of SBC '97 Edition 103.5. Mr. Foot moved to order that the Respondent correct the violation on or before December 1, 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 C°de Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2600: Carolyn T. Allen Estate Property Address: 525 NW 12th Avenue Violation: Sections 10-2 and 10-3 B.B.C. of Ord.; Hurricane hazard, rear yard; Also, owners of land within the City shall keep the same and one-half of any abutting street, alley or easement free from any accumulation of trash or filth, broken tree limbs or branches, uncontained garbage or refuse, any containers or heavy dense or dank growth of weeds, grass, underbrush, Palmetto and Florida Holly trees, or other uncultivated vegetation. Inspector Webb presented the case. The recommends December 6,200'1 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-2600, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Carolyn T. Allen Estate is in violation of Sections 10-2 and 10-3 B.B.C. of Ord. Mr. Mariana moved to order that the Respondent correct the violation on or before December 6, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. LIEN PENALTY CERTIFICATIONS Case #01-832 Peter & Barbara Johnson 2404 SW 4th Street The City recommends tabling the case until the February meeting date. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21,200'1 Motion Mr. Miriana moved that Case No. 01-832 be tabled until the Code Compliance Board Meeting to be held on February 20, 2002. Motion seconded by Ms. Zibelli and unanimously carried. Staff recommends no fines in the following cases that are now in compliance: Page 48 (Case #00-2325), BobKatz Properties, Inc. Page 57 (Case #01-1925), Clarence Dewitt Page 58 (Case #01-570), Lois Cox Page 63 (Case #01-1695), Lloyd Taylor Tr. Page 67 (Case #01-2098) Sam & Hazel Peterson Motion Based on the testimony and evidence presented in Case No. 00-2325, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondent, BobKatz Properties, Inc. was in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc. and Section 13-16 B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board's Order of March 21,2001, Mr. Miriana moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Foot and unanimously carried. Motion Based on the testimony and evidence presented in Case No. Case #01-1925, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondent, Clarence Dewitt was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.A and Section 10-52 (A) B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board's Order of October 17, 2001. Mr. Miriana moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Foot and unanimously carried. Motion Based on the testimony and evidence presented in Case No. Case #01-570, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondent, Lois Cox was in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2 and Section 10-2 B.B.C. of Ord., subsequent tothe date of compliance specified in this Board's Order of June 20, 2001. Mr. Miriana moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Foot and unanimously carried. 33 Meeting Minutes Code Compliance Board Boynton Beach, FL November 217 2001 Motion Based on the testimony and evidence presented in Case No. Case #01-1695, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondent, Lloyd Taylor Tr. was in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and Section 15-16 B.B.C. of Ord., subsequent to the date of compliance specified in this Board's Order of September 19, 2001. Mr. Miriana moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Foot and unanimously carried. Motion Based on the testimony and evidence presented in Case No. Case #01-2098, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondents, Sam & Hazel Peterson were in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1.A, subsequent to the date of compliance specified in this Board's Order of October 17, 2001. Mr. Miriana moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Foot and unanimously carried. Mr. Blasie stated that the following cases are not in compliance and staff recommends that the fine of $25 per day be certified: Page 46 (Case Page 53 (Case Page 55 (Case Page 56 (Case Page 60 (Case Page 61 (Case Page 64 (Case Page 66 (Case #01-1272), Francisco Alvares #01-542), Jean & Emanet Louis #01-010), Andres Santiago, Jr. #01-1482), Ziad Kaddouri and Sandra Bosch #01-1764), Susan Mize #01-1857), Audrea Lang #01-2170), Alton & Ruthie Banks #01-1806), Baker Thacker Estate Motion Based on the testimony and evidence presented in Case No. 01-1272, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Francisco Alvares has viola[ed this Board's prior Order of August 15, 2001, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Motion Based on the testimony and evidence presented in Case No. 01-542, 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 Jean and Emanet Louis have violated this Board's prior Order of SePtember 19, 2001, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-010, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Andres Santiago, Jr. has violated this Board's prior Order of July 18, 2001, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-1482, 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 Ziad Kaddouri and Sandra Bosch have violated this Board's prior Order of September 19, 2001, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-1784, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Susan Mize has violated this Board's prior Order of September 19, 2001, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judcjment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. 35 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Motion Based on the testimony and evidence presented in Case No. 01-1857, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Audrea Lang has violated this Board's prior Order of September 19, 2001, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-2170, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by. the Respondents, Mri Foot moved that this Board find that Alton and Ruthie Banks have violated this Board's prior Order of September 19, 2001, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-1806, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Baker Thacker Estate has violated this Board's prior Order of October 17, 2001, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Page 51 (Case #01-1031), Paul & Virginia Halenda Staff recommended tabling the case until the February Board meeting. Motion Mr. Miriana moved that Case No. 01-1031 be tabled until the Code Compliance Board Meeting to be held on February 20, 2002. Motion seconded by Ms. Zibelli and unanimously carried. 36 Meeting Minutes Code Compliance Board Boynton Beach, FL November 21, 2001 Page 62 (Case #01-1953), Don Pinatel The property is in compliance. Staff recommends that the administrative costs of $634.12 be assessed. The property did not comply until 44 days after the compliance date of October 6, 2001 at $25.00 per day. Motion Based on the testimony and evidence presented in Case No. 01-1953, Mr. Miriana moved that this Board find, as matter of fact, that the Respondent, Don Pinatel, was in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and Section 10-2 B,B.C. of Ord., subsequent to the date of compliance specified in this Board's Order of September 19, 2001. Mr. Miriana moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $634.'12. Motion seconded by Ms. Zibelli and unanimously carried. E. FORECLOSURES Case No. 00-1844 Case No. 00-1862 Case No. 00-1894 BJ & Jacqueline Fitzpatrick BJ & Jacqueline Fitzpatrick H B Realty, Inc. 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. Attorney Tolces reported that the Legal Department has re-drafted the letter that will be sent out to the property owners whose property has been recommended for foreclosure. He will be following through with the Code Compliance Division on this. VII. ADJOURNMENT There being no further business, the meeting properly adjourned at 10:05 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) (November 26, 2001) 37 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT 100 East Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33425-0310 PLAN REVIEW COMMENTS PLEASE NOTE THAT THE EFFICIENCY BY WHICH YOU RECEIVE YOUR PERMIT DEPENDS ON YOUR RESPONSE TO THE CONTENTS OF THIS DOCUMENT. IT IS RECOMMENDED THAT YOU CAREFULLY READ AND CORRECTLY RESPOND TO ALL ASPECTS OF THIS DOCUMENT. COMMENTS: For permit applicationlnumber: Project Name o REVIEWED BY: Department and/or Division: Name of Reviewer: Jose Alfaro Trade: Phone # (561) 742~6260 ext. Fax # (561) 742-6259 Date.Started Review: 06/13/00 Type of Review: _ Enclosure .00-2637 64 ~a~fotd.,,Ln/B~Lakes 6/Shortley Alum. Planninc. Which Review: [] 1st [] 2nd [] 3{4 [] 4t~ COMMENT DISTRIBUTION: Person identified on the application'to receive comments: Name Phone # (area code:561) ext. 0 Fax # (area code~561) .[] Other Date(s) reviewer called: Person who received the call THE FOLLOWING AREA SHALL BE FILLED-IN IN THE PRESENCE OF THE PLANS ANALYST AND/OR PERMIT CLERK: COMMENTS/PLANS PICKED UP: Comment(s) recd. by print name and date: OR Plans/Comments recd. by print name and date: Page 2 of 2 Ist 2nd 3rd 4t! an Review Comments for Permit Application # 98- Your permit application and supporting documentation do not comply with the City of Boynton Beach Code of Ordinances. Prior to receiving a permit to construct or install the requested improvements the plans and documents shall be amended to show compliance with the below listed comments. Prior to making the changes to the plans and/or documents please read the attached Submittal of Corrected Plans form. This form contains important information relative to amending documents and submitting corrected plans and/or documents. Questions regarding the comments may be directed to the reviewer named above. an appointment with generated following staff ~ is dependent upon document. shall be properly submitting If a conference is necessary, please schedule I comments may be approval of your project provided in this this document cted plans when 1- Prop{ permit can not be Jose ~re not to be /r ,~//../ / Easement Agreement March 7,2001 City of Boynton Beach 200 N. Seacrest Blvd. Boynton Beach, FI. 33435 Gentlemen: I propose to apply for a City building permit to erect a screened enclosure on an existing concrete slab that was approved by the City of Boynton Beach ten years ago. The original owner of my home stated at the real estate closing that he had permission from the Boynton Beach Code Enforcement to pour the concrete slab with a footer and erect the screened enclosure, however he and his wife chose to hold off for a while and finish the project at a later date. The package deal made with the Boynton Beach Code Enforcement Department in 1989 was verified by Jose Alfaro. I asked Jose ifI could be grandfathered in to this agreement that was made ten years ago and his reply was no, therefore the permit to erect the screened enclosure was denied. The encroachment into the utility easement has already been compromised with the permission to pour the concrete slab by code enforcement. I also told Jose when the permit was denied I would sign and notarize a statement from me stating that I would accept full responsibility for the encroachment in the event that any future construction had to be performed on the utility easement. I understand that no company will be responsibile for any repa/rs to, or replacement of, any portion of the concrete slab or the screened enclosure and that any removal or replacement of this construction necessary for their use of this easement will be done at my expense. I agree to the proposed construction under the circumstances described above. Legal description of said property: Lot 10 Block 13 Boynton Lakes Plot 6 Property Owner Swom to and subscribed to before me on this/ 7 day of ½~01. My commission expires:22//~ f/t~ ¢ ~,,~*~ ~v~ RHODA MORTMAN ~ MY COMMISSION # CC 905882 EXPIRES: Fob 24, 2004 t.800-3-NOTARY Fla. Notary $~wKa~ & Bonding Co -/ HI'ON LAKES NORTH CG~4HUNI~ ASSOCIATIGN Home Owners Name: Street Address: Phone Number: ( ARCHITECTURAL REQUEST: Architectural Request Form /W Please submit this request form to Dick Garlen, the Association Manager, in the Boynton Lakes North Clubhouse or by mail to; Boynton Lakes North, c/o Encore Maintenance & Management, 1080 },~4 1st Avenue, Boca Raton, FL 33432. PLEASE NOTE: A site plan MUST be submitted when the request 'include~--~ physical change ~o the property, with the area to be changed highlighted. Committee: Approved ( ) Board: (.. ) Approved ( ) Rejected Date: ACCFORM1 09093 !912 November I2, 2001 Code Comphance Division 100 E. Boynton Beach Blvd. Boynton Beach, Fla 33435 Case #01-0483 64 Paxford Lane Boynton Beach, Fla. 33426 To Whom It May Concern: I ,~l; t'q~o~p',,~//,4eat/~tt~whoresideat 6 6 Paxford Lane in the Boynton Lakes Commun/ty wish to express my views regard/rig the screened enclosure belonging to my neighbor Mr. Tom Johnson who resides at 64 Paxford Lane. The screened enclosure on the lake side of the property is an asset to the home and the adjacent properties on the lake. The screened enclosure will have a positive property value factor thus increasing the value of my residence. The screened enclosure has an esthetic value to the home and the adjacent neighboring homes in the community. The enclosure in no way obstructs the view of the lake from my residence. I am not opposed to the structure located at 64 Paxford Lane. Respectfully, November 12, 2001 Code Compliance Div/sion 100 E. Boynton Beach Blvd. Boynton Beach, FIa 33435 Case #01-0483 64 Paxford Lane Boymon Beach, Fla. 33426 To Whom It May Concern: I ~,d_ ~- Qo/~tnat4 who reside at /o~- Paxford Lane in the Boynton Lakes Commtm/ty udsh to express my views regarding the screened enclosure belonging to my neighbor Mr. Tom Johnson who resides at 64 Paxford Lane. The screened enclosure on the lake side of the property is an asset to the home and the adjacent properties on the lake. The screened enclosure will have a positive property value factor thus increasing the value of my residence. The screened enclosure has an esthetic value to the home and the adjacent neighboring homes ha the commurgty. The enclosure ha no way obstructs the view of the lake from my residence. I am not opposed to the structure located at 64 Paxford Lane. November 12, 200I Code Compliance Division 100 E. Boynton Beach Blvd. Boynton Beach, Fla 33435 Case #01--0483 64 Paxford Lane Boynton Beach, Fla. 33426 I ~ who reside at ~ fJ Paxford Lane hn the Boynton Lakes Community wish to express my v/ews regarding the screened enclosure belonging to my neighbor Mr. Tom Johnson who resides at 64 Paxford Lane. The screened enclosure on the lake side of the property is an asset to the home and the adjacent properties on the lake. The screened enclosure will have a positive property value factor thus increasing the value of my residence. The screened enclosure has an esthetic value to the home and the adjacent neighboring homes in the commumty. The enclosure in no way obstructs the view of the lake from my residence. I am not opposed to the structure located at 64 Paxford Lane. Respectfully,