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Minutes 07-17-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JULY 17, 2002, AT 7:00 P.M. Present Chds DeLiso, Chairman Bob Foot Patti Hammer, Vice Chair James Miriana Enrico Rossi Dee Zibelli Michele Costantino, Altemate Dave Rafkin, Alternate (on dais but not voting) Absent David Tolces, Board Attorney Scott Blasie, Code Administrator Inspectors: Luney Guillaume Richard Laverdure Mike Melillo Vestigue rne Pierre Pete Roy Sunny Surajbally Willie Webb Tom Walsh I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:00 p:m. II. APPROVAL OF MINUTES OF JUNE 19, 2002 Motion Mr. Miriana moved to approve the minutes of the June 19, 2002 Code Compliance Board meeting. Ms. Costantino seconded the motion that carried 7-0. III. APPROVAL OF AGENDA Inspector Melillo requested that the following changes be made to the agenda: Page 3, Case #02-050, Yves-Marie Hubert Tr. (Tabled until August) Page 4, Case #02-710, Joseph & Vito DeCosmo (Tabled until August) Page 5, Case ~)1-2303, James & Colleen Baker (Complied) Page 6, Case ~01-2668, Yves-Made Hubert Tr. (Complied) Page 8, Case #02-998, William & Mary Kreidt Sr. (Complied) Page 9, Case #02-1130, Brenda Williams (Removed) Page 10, Case #02-1176, Marie Diejuste & Stephene Jean (Complied) Page 16, Case #01-2974, West Boynton Farms, Inc. (Complied) Page 22, Case #02-1530, Eric Schroeder (Complied) Page 25, Case #1092, Everton Tosta (Complied) Page 26, Case #02-1320, James & Joyce Sardo (Complied) Page 27, Case #02-476, Juan Rodriguez (Complied) Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Page 28, Page 29, Page 31, Case #02-1331, Page 38, Case #02-1408, Page 45, Case #02-1198, Page 46, Case #02-1252, Page 47, Case #02-1285, Page 48, Case #02-1286, Page 49, Case #02-1288, Page 51, Case #02-1564, Case #02-618, Annette Williams (Complied) Case #02-1043, Oscar Pinckney (Removed) Palm Beach County Hsg. Auth. (Complied) Marie Supreme & Calixte Similien (Complied) William & Virginia Burlage (Complied) James Stupp (Removed) Guy Estella (Complied) Sandra Bosch & Ziad Dakkouri (Complied) Daniel & Charlene Jordan (Complied) Boynton JCP Assoc. Ltd. (Complied) Motion Ms. Zibelli moved to accept the changes to the agenda. Vice Chair Hammer seconded the motion that carried 7-0. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Inspector Melillo called the roll. The Recording Secretary administered the oath to all persons who would be testifying. Chairman DeLiso explained the plea system. V. NEW BUSINESS A. CASES TO BE HEARD Case #02-879 Property Address: Violation(s): David & Ida Hayes 1626 N. Seacrest Boulevard CH 15-Art. IX-15-120 (D) Inc. Install grass in yard. Inspector Melillo reported that this property was cited on April 3, 2002 as a result of a routine neighborhood inspection. Service was accomplished by certified mail. The property has not complied. Mr. Hayes picked up an application from the Community Redevelopment Division but did not fill it out yet. The property was still not in compliance. The case was tabled at the June meeting. Dave Hayes, 1626 N. Seacrest Boulevard, asked for thirty days. Motion Based on the testimony and evidence presented in Case No. 02-879, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that David & Ida Hayes are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) Inc. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 16, 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. Ms. Zibelli seconded the motion that carried 7-0. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Case #02-994 Property Address: Violation(s): Mata Chorwadi Inc. 2821 S. Federal Highway 10-3 B.B.C. of Ord; PT3- LDR.CH2.SEC.6.C.6. Outside storage not permitted. Inspector Sunny Surajbally indicated that the property was originally cited on April 15, 2002. The violation was discovered through a complaint. Service was accomplished by certified mail. The City recommended 30 days. A letter from the Respondent stated that they were out of the country and requested 60 days. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-994, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Mata Chorwadi, Inc. is in violation of City of Boynton Beach Code Section 10-3, Part 3, LDR, Chapter 2, Section 6.C.6. Vice Chair Hammer moved to order that the Respondent correct the violations on or before August 16, 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. Mr. Miriana seconded the motion that carried 7-0. Case #02-1019 Property Address: Violation(s): Andre St. Juste 440 N.E. 14th Avenue CH15-ART.IX-15-120 (D). Inc. Remove loose trash and debris from yard and roof. Mow grass, trim weeds, and trim yard. Inspector Melillo reported that this property had originally been cited on April 17, 2002. The violation was the result of a complaint. Service was accomplished by posting. The violations still exist, although a little mowing was done. Andre St. Juste, 925 Greenbrier Drive, gave a letter to the Board for their information that he had written to the Mayor, the City Manager, the City Attorney, the Palm Beach County Tax Collector, and the State of Florida - Real Estate Division. The letter is attached to the minutes that are on file in the City Clerk's office. Mr. St. Juste stated that he had complied with all of the violations. Chair DeLiso asked if he still had a tarpaulin on the roof. Mr. St. Juste knew that the roof was an eyesore but he did not have the money to fix it and unless he were to be released from the City's liens from other cases, he would not be able to afford to fix the roof. Chair DeLiso suggested that he apply for a lien reduction. Mr. Foot suggested that the Board consider a $100 a day fine since Mr. St. Juste is a repeat violator. Motion Based on the testimony and evidence presented in Case No. 02-1019, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that 3 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Andre St. Juste is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) Inc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before August 16, 2002. If the Respondent does not comply with this Order, a fine in the amount of $100.00 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. Mr. Miriana seconded the motion that carried 6-1, Mr. Foot dissenting. Case #01-3127 Property Address: Violation(s): Brian & Jacqueline Fitzpatrick 526 N.W. 12th Avenue CH15-ART.IX-15-120 (D)I Inc. and (E) 2 Sod bare spots in yard. Replace screens, windows, soffit screens, and all landscape timbers. Remove unpermitted fences. Remove all loose trash and debris. Inspector Webb reported that the violation was discovered through a routine inspection of the neighborhood and the property was cited on November 15, 2001. Service was accomplished by certified mail. Inspector Webb noted that there had been 41 citations on this property. Brian Fitzpatrick, 526 N.W. 12th Avenue, asked for two months. Vice Chair Hammer asked if this were his rental property and Mr. Fitzpatrick responded that it was. Inspector Webb shared pictures with the Board. Mr. Fitzpatrick stated that the loose trash and debris had been picked up. Inspector VVebb stated that it had not been done when he inspected the property the day before the meeting. Motion Based on the testimony and evidence presented in Case No. 01-3127, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Brian and Jacqueline Fitzpatrick are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1 Inc. and (E) 2. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 16, 2002. If the Respondents do not comply with this Order, a fine in the amount of $100.00 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. Ms. Costantino seconded the motion that carried 5-2, Messrs. Foot and Miriana dissenting. Case #02-1287 Property Address: Violation(s): Brian & Jacqueline Fitzpatrick 137 N.W. 10th Avenue Chapter 15, Article IX-15-120(D).lB & 1.E. Sod bare spots in yard, Repair fence, Inspector Webb reported that the property had originally been cited May 21, 2002. The violations resulted from a routine neighborhood inspection. Service was obtained by certified mail. As of yesterday, the property was not in compliance. 4 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Brian Fitzpatrick, 526 N.W. 12th Avenue, stated that on the previous case he had asked for sixty days and had not received it. Chair DeLiso said that repeat offenders are urged to come into compliance faster. Mr. Fitzpatrick commented on the light fine given in the Homing Inn case and they housed terrorists. Chair DeLiso stated that they had never appeared before the Board before. Mr. Foot inquired about hurricane hazards and was told there were none. When Inspector Webb had been there the day before this meeting, about 90% of the fence had been repaired. Motion Based on the testimony and evidence presented in Case No. 02-1287, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Brian and Jacqueline Fitzpatrick are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D).IB & 1E. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 16, 2002. If the Respondents do not comply with this Order, a fine in the amount of $100.00 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. Mr. Foot Ms. Ccct~,",t!,",o seconded the motion that carried unanimously Mr. Tolces advised that since Case #02-1130 had been removed from the agenda, it would have to be put back on by motion if the Board wished to hear the case. Motion Vice Chair Hammer moved to put Case No. 02-1130 back on the agenda. seconded the motion that carried 7-0. Ms. Zibelli Case #02-1130 Property Address: Violation(s): Brenda L. Williams 337 N.E. 24th Avenue CH15-ART.IX-15-120(D)1. D Install sod in yard wherever dead or bare spots occur. Inspector Cain stated that this property had originally been cited on April 3, 2002. The violation was discovered by a routine inspection of the neighborhood. Brenda Williams, 337 N.E. 24th Avenue, pled not guilty. Inspector Cain stated that since he was not able to get service on this case, he was not able to take any pictures. When he went there on the day before this meeting, there was still no sod in the yard. Ms. Williams stated that there was sod in the yard but there were spots that were still bare from the drought last year. She also stated that since it had been raining so much, the spots were filling in with grass. 5 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Ms. Williams felt offended because there were violations that were much worse than hers. She also felt that she was being harassed for not having grass in a few spots. Motion Based on the testimony and evidence presented in Case No. 02-1130, Mr. Foot moved that this Board find, as a matter of fact, and a conclusion of law that Brenda Williams is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120(D) 1 D. Mr. Foot moved to order that the Respondent correct the violation on or before August 16, 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. Mr. Miriana seconded the motion that carried 7-0. VI. Old Business A. Lien Penalty Certifications (Tabled) Case #01-2608 Ernestine Bush (Wheeler) 5426 Benjamin Avenue Boynton Beach, Florida 2190 N.E. 1,t Lane Inspector Melillo stated that the property had been cited on October 1, 2002 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on January 16, 2002 and the Respondent did not appear. A compliance date of February 15, 2002 was set or be fined $25.00 per day. The property has not yet come into compliance. Vincent Wheeler, 5426 Benjamin Avenue, stated that they were working towards compliance and the grass was in place. They had a problem getting a permit to get the rest done because they did not have a survey. They now have the survey. Inspector Melillo stated that sixty days would be sufficient for them to get the permit and get the work done. Mr. Wheeler stated that they had not received the information in a timely fashion since they live at a different address. Motion Mr. Foot moved to table Case No. 01-2608 until the September 18, 2002 Code Compliance Board meeting. Vice Chair Hammer seconded the motion that carried 7-0. Case #01-1351 Brett Matchton 2788 S.W. 10th Street Inspector Roy reported that this property had been cited on June 8, 2001 for a violation of the Standard Building Code. The case involves a canopy. A Code Compliance Board hearing was held on August 15, 2001 and the Respondent did not appear. A compliance date of September 17, 2001 was set or be fined $25.00 per day. The property came into compliance on July 7, 2002. 6 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Inspector Roy explained that there were extenuating circumstances in that the City had been going through a period of change on the canopy issue and that this had put Mr. Matchton "on hold." Brett Matchton, 2788 S.W. 10th Street, answered questions from the Board. Mr. Miriana asked Mr. Matchton why he did not appear the August 15, 2001 meeting. Mr. Matchton explained that he had come in to the City and spoke to staff about getting a permit and he thought that that he did not need to appear at the August 15, 2001 meeting. Mr. Matchton confirmed that the canopy had been taken down. Chair DeLiso confirmed that the City Commission had directed these cases to be put "on hold" until the City came to a decision about the canopy issue. Mr. Blasie had written to the Respondents that were involved. Motion Based on the testimony and evidence presented in Case No. 01-1351, Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondent, Brett Matchton, was in violation of Code Sections SBC, 1997 Edition 104.1.1, subsequent to the date of compliance specified in this Board's Order of August 15, 2001. Vice Chair Hammer moved that this Board find that the Respondent failed to comply with this Board's Order and that this Board impose and certify a fine in the amount of $0 dollars per day and no administrative costs. Ms. Zibelli seconded the motion that carried 7-0. Case #99-704 Charles & Fred Rahming 224 N.E. 10th Avenue 502 N.W. 5th Street Boynton Beach Inspector Webb reported that the notice of violation was given on April 8, 1999. A Code Compliance Board Hearing was set for February 16, 2000 and the Respondent appeared. A compliance date of August 14, 2000 was set or be fined $25.00 per day plus administrative costs. The property is not yet in compliance. Mr. Rahming sought help from Community Redevelopment but Inspector Webb was told the day before this meeting that since the Respondent's mortgage was in arrears, they could not assist him any further. George Rahming, 502 N.W. 5th Street, Boynton Beach, stated that he had a letter from Community Redevelopment that he had gotten a long time ago. Mr. Rahming indicated that he had paid more on his mortgage in the last two weeks. Chair DeLiso explained that the HUD policy was that the mortgage has to be kept current for the City to step in and help with HUD funds. Mr. Rahming stated that the mortgage holder did not keep good records and that there was a mistake in their bookkeeping. Chair DeLiso asked how long it would take to bring the property into compliance. Mr. Rahming asked the mortgage holder to bear with him and if they did, he would bring the account up to date, even though it was not his fault. Chair DeLiso attempted to find out the amount of the mortgage that was in arrears and Mr. Rahming did not know. Mr. Rahming expected to speak to the mortgage holder this week. Mr. Foot suggested tabling the case for sixty days. Other board members thought 30 days would be more appropriate. Chair DeLiso suggested tabling the case for 30 days to 7 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 get a letter from the mortgage company about the status of the account. Chair DeLiso asked staff if the City had done anything to help Mr. Rahming. Inspector Webb stated the City had done some inspections but they had not given Mr. Rahming any money. Motion Mr. Foot moved to table Case No. 99-704 until the August 21, 2002 Code Compliance Board meeting. Vice Chair Hammer seconded the motion that carried 7-0. Chair DeLiso asked Scott Blasie to work with Community Redevelopment to determine why the case had gone on for two years and no funds had been given to Mr. Rahming. It appeared to Chair DeLiso that since Mr. Rahming's mortgage was in arrears, the City was trying to back out of the deal. Chair DeLiso asked that his request for an appeal process for Community Redevelopment funds be put on the record. He had made the request many times, on record, but had not received any response. It seemed to Chair DeLiso that one person, Octavia Sherrod, could not dictate who could get funds and who could not. Chair DeLiso hoped that the City would wake up and realize the necessity for an appeal process. Case #01-2599 Sarah King & Barbara Vickers 529 N.W. 13th Avenue Inspector Webb reported that the property was now in compliance and the City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 01-2599, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Sarah King & Barbara Vickers were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1 Inc., SBC 1997 Edition 104.1.1 & Section 115-16, subsequent to the date of compliance specified in this Board's Order of February 20, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order and that this Board impose and certify a fine in the amount of $0 dollars per day and no administrative costs. Mr. Rossi seconded the motion that carried 7-0. Case #02-156 Cleo Briggs 2867 S.E. 2nd Street Inspector Roy reported that the property had originally been cited on January 18, 2002. A Code Compliance Board hearing was held on March 20, 2002 and Ms. Briggs appeared. A compliance date and proposed fine were set as June 19, 2002 or be fined $25.00 per day. The property came into compliance this week. Inspector Roy explained that the delay had been due to a structure fire at the property. The City recommended no fine or administrative costs. Motion Based on the testimony and evidence presented in Case No. 02-156, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Cleo Briggs, was in violation of Code Sections Chapter 15, Article 1×-15-120 (D) Inc., subsequent to the date of compliance specified in this Board's Order of March 20, 2002. Mr. Foot moved Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 that this Board find that the Respondent failed to comply with this Board's Order and that this Board impose and certify a fine in the amount of $0 dollars per day and no administrative costs. Ms. Costantino seconded the motion that carried 7-0. Case #02-373 Jeffrey & Juanita Rubenstein 6728 S.W. 33rd Street Miramar, FI 33023 240 N. Palm Drive Inspector Laverdure reported that the original violation was given on February 12, 2002. A Code Compliance Board hearing was held on May 15, 2002 and the Respondents did not appear. A compliance date was set for June 14, 2002 or be fined $25.00 per day. The property is still not in compliance. Inspector Laverdure reported that even with all the rain the area had received, there were only weeds in the bare spots. Jeffrey Rubenstein, 6728 S.W. 33rd Street, Miramar, stated that he believed he had complied. He had pictures that showed that the sod had been put down. He had been told not to bother during the drought last year. The first he heard of the violation was in June of this year. He indicated that with the rainy season, the grass was growing and the bare spots were filling in. Inspector Laverdure showed Mr. Rubenstein and the Board the pictures he had taken of the yard. Mr. Rubenstein contended that Inspector Laverdure's pictures had been taken looking straight down into the grass and that when viewed from the street, there was an overall green appearance to his lawn. Motion Mr. Foot moved to table Case No. 02-373 until the August 21, 2002 Code Compliance Board meeting. Ms. Costantino seconded the motion that carried 7-0. Case #01-3105 Wanda Robinson 1203-1205 N.W. 4th St. Boynton Beach, FI. 1203 N.W. 4th Street Inspector Webb reported that the property was cited originally on November 8, 2001. A Code Compliance Board hearing was held on April 17, 2002 and Respondent did not appear. A compliance date was set for June 16, 2002 or be fined $25.00 per day. It is not yet in compliance. Wanda Robinson, 1203 N.W. 4th Street, Boynton Beach, stated that she had put grass in the yard. She said that the papers and trash in the yard were not her fault since they came from the store next door. She has to rake the yard every morning at 5:00 a.m. before she goes to work because of the trash. There was a misunderstanding on her part about which part of the yard was a problem. Motion Mr. Foot moved to table Case No. 01-3105 until the Code Compliance Board meeting of August 21, 2002. Ms. Costantino seconded the motion that carried 7-0. The Recording Secretary administered the oath to the next Respondent. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Case #01-2761 Robyn Lorenz Ben-Ari 805 S.W. 1,t Court Inspector Laverdure reported that the notice of violation had been given on October 18, 2001. A Code Compliance Board hearing was held on January 16, 2002 and the Respondent appeared. At that time a date for compliance of April 18, 2002 was set or be fined $50 per day. The building permit for the pool has not been obtained, but all other conditions have come into compliance. Inspector Laverdure recommended certifying the fine because the case had been tabled several times. Ms. Ben-Ari disagreed, saying that it had not come up until this year. The Respondent is going through a divorce. She expects to have money to have the pool fixed in May of 2003. She will apply for a permit but believed that the permit would only be good for six months. Motion Mr. Foot moved to table Case No. 01-2761 until the September 18, 2002 Code Compliance Board meeting. Vice Chair Hammer seconded the motion that failed 3-4, ~r Foot, ~/I"" r'h-,~, W ..... , ' .... ~r~""'~ Chair DeLiso, Mr. Rossi, Ms. Costantino and Dee Zibelli dissenting. The feeling was that the same problem would exist in September since the Respondent would not have the funds until 2003. Motion Based on the testimony and evidence presented in Case No. 01-2761, and having considered the gravity of the violation(s), the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Rossi moved that this Board find that Robyn Lorenz Ben-Ari has violated this Board's prior Order of January 16, 2002, and this Board impose and certify a fine in the amount of $50.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Chair DeLiso passed the gavel to Vice Chair Hammer and seconded the motion that failed 3-4, Mr. Miriana, Bob Foot, Vice Chair Hammer, and Dee Zibelli dissenting. After discussion it was decided that Mr. Foot should try the September 18, 2002 tabling motion again. Motion Mr. Foot moved to table Case No. 01-2761 to the Code Compliance Board meeting of September 18, 2002. Vice Chair Hammer seconded the motion. Chairman DeLiso stated that she would not have the funds to finish the pool in two months. Ms. Ben-Ad stated that if a lien were to be put against her house she could not refinance. Also, the final hearing on her divorce was scheduled for August 1, 2002. After considerable discussion, the Board decided to table the case until November 2002 so the permit's useful life and Ms. Ben-Ari's funds would more closely coincide. 10 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Mr. Foot amended his motion to table Case No. 01-2761 until the November 20, 2002 Code Compliance Board meeting. Mr. Miriana seconded the motion that carried 6-1, Mr. Rossi dissenting. Chair DeLiso counseled Ms. Ben-Ad to talk to the Building Department about getting the permit. He suggested that Ms. Ben-Ad have the permit in hand when she comes to the November 20, 2002 Code Compliance Board meeting. Mr. Foot stated that as soon as she had a permit, she should take it to the Code Compliance Division so they would know the date she came into compliance. She would also probably want to have a builder ready to do the job as soon as her funds were available in May (or earlier). THE MEETING RECESSED AT 8:30 P.M. AND RECONVENED AT 8:40 P.M. A. CASES TO BE HEARD (continued) Case #02-756 Property Address: Violation(s): Valerie Sloan 115 N.E. 22nd Avenue CH15-ART.IX-15-120 (D Inc. Remove weeds from yard and install sod wherever dead or bare spots occur. Inspector Cain stated that the property had originally been cited on March 21, 2002. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 02-756, Mr. Foot moved that this Board find, as a matter of fact, and a conclusion of law that Valerie SIoan is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) Inc. Mr. Foot moved to order that the Respondents correct the violation on or before September 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. Ms. Costantino seconded the motion that carried 7-0. Case #02-850 Property Address: Violation(s): Christophe L. Anstead 120 N.E. 17th Avenue PT3-LDR.CH2. SEC.5.D.1 Unregistered motor vehicles. Car repairs in a residential zone. Install grass in yard and swale. Inspector Melillo stated the property was originally cited on March 29, 2002. He noted that there were still two unregistered motor vehicles on the property with different plates on them. Of the five vehicles that were there originally, three are gone. The grass violation still exists. The City recommended 15 days. 11 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Motion Based on the testimony and evidence presented in Case No. 02-850, Mr. Foot moved that this Board find, as a matter of fact, and a conclusion of law that Christophe Anstead is in violation of City of Boynton Beach Code Section Part 3, LDR, Chapter 2, Section 5.D.1. Mr. Foot moved to order that the Respondent correct the violations on or before August 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. Mr. Miriana seconded the motion that carried 7-0. Case #02-820 Property Address: Violation(s): Deannandy Frankson 149 S. Atlantic Drive CH15-ART.IX-15-120 (D) 1 Inc. Put sod on the west side of driveway or apply for a permit to widen driveway. Inspector Laverdure stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-820, Mr. Foot moved that this Board find, as a matter of fact, and a conclusion of law that Deannandy Frankson is in violation of City of Boynton Beach Code Section Chapter 15, Article IX- 15-120 (D) I Inc. Mr. Foot moved to order that the Respondent correct the violations on or before August 16, 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. Mr. Miriana seconded the motion that carried 7-0. Case #02-1055 Property Address: Violation(s): Everett D. & Doris Matthews 3008 E. Palm Drive CH15.ART.IX-15-120(D) 1 Inc. Install grass in all bare spots in yard and swale. Inspector Laverdure stated that the notice of violation had been given on April 22, 2002. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1055, Mr. Miriana moved that this Board find, as a matter of fact, and a conclusion of law that Everett D. & Doris Matthews are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1 Inc. Mr. Miriana moved to order that the Respondents correct the violations on or before August 16, 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 12 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried 7-0. Case #02-1137 Property Address: Violation(s): Cedonia M. Brown 3166 N. Seacrest Boulevard CH15-ART.IX-15-120 (D) 1 Inc. Water and fertilize yard. Fill in all bare spots to have a uniform cover of grass. Inspector Laverdure presented the case. The City recommended 30 days. Motion 'Based on the testimony and evidence presented in Case No. 02-1137, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Cedonia M. Brown is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1 Inc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before August 16, 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. Mr. Foot seconded the motion that carried 7-0. Case #02-009 Property Address: Violation(s): Wilbert Coicou 181 S.E. 31st Avenue PT3-LDR.CH2.SEC.5.F.1; CH15-ART.IX-15-120 (D) lA Unlicensed inoperable vehicles; Repairing of vehicles in a residential zone. Inspector Roy presented the case and reported that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-009, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Wilbert Coicou is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) lA and PT 3 LDR, Chapter 2, Section 5.F.1. Vice Chair Hammer moved to order that the Respondent correct the violations on or before August 16, 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 theCity of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-498 Property Address: Violation(s): Gall & Andrew Luchey, Jr. 2208 S.E. 4th Street SBC 1997 edition 104.6.1 and 105.6 13 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Permit #00-1485 - inspection required for windows and hurricane shutters. See copy of "Red Tag" dated 2/15/02. Inspector Roy presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-498, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Gall & Andrew Luchey, Jr. are in violation of City of Boynton Beach Code Section SBC 1997 Edition 104.6.1 and 105.6. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 16, 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. Ms. Costantino seconded the motion that carried 7-0. Case #02-867 Property Address: Violation(s): Fontana Plaza, Ltd. (Renzos) 3629 S. Federal Highway FBC 2001 Edition 3401.6 See copy of Red Tag from Building Department Inspector Roy presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-867, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Fontana Plaza, Ltd. (Renzos) are in violation of City of Boynton Beach Code Section FBC 2001 Edition 3401.6. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 16, 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. Ms. Costantino seconded the motion that carried 7-0. Case #02-1378 Property Address: Violation(s): Fontana Plaza Ltd. 3629 S. Federal Highway FBC'01 Ed 104.1.1 and 104.6.2 See copy of Red Tag from Building Department Inspector Roy presented the case. He stated that the City recommended August 1, 2002 as a compliance date. Motion Based on the testimony and evidence presented in Case No. 02-1378, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that 14 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Fontana Plaza, Ltd. (Renzos) are in violation of City of Boynton Beach Code Section FBC 2001 Edition 104.1.1 and 104.6.2. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 1, 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. Mr. Miriana seconded the motion that carried 7-0. Case #02-1248 Property Address: Violation(s): Perry S. & Sandra L. Bland 147 S.W. 25th Avenue FBC'01 ED 104.1.1; 10-3 B.B.C. of Ord; CH15-ART.IX-15- 120(D) Inc;PT3-LDR.CH2.SEC 11.D. Equipment storage prohibited. Permit requir3d for hot tub. Remove all loose articles that may be a hurricane hazard. Inspector Roy presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1248, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Perry S. & Sandra L. Bland are in violation of City of Boynton Beach Code Section FBC 2001 Edition 104.1.1 Section 10-3, Chapter 15, Article IX-15-120 (D) Inc. and PT3-LDR; CH2.Sec 11.D. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 16, 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. Ms. Zibelli seconded the motion that carried 7-0. Case #02-3400 Property Address: Boynton Beach, FI 33426 Theodore E. Lewis III 17 Velaire Drive Chapter 15, Article IX-15-120 (D) Inc. Install sod in yard. Inspector Pierre presented the case and stated that the City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 02-3400, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Theodore E. Lewis III is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) Inc. Vice Chair Hammer moved to order that the Respondent correct the violation on or before September 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 15 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-087 Property Address: Violation(s): H. & Barbara A. Daughtry 133 N.W. 5th Court CH15-ART IX-15-120 (D). Inc; lB, and (E) 2A Install sod yard. Replace fascia boards. Remove all unregistered/inoperable vehicles. Also, all debris around property must be removed. Inspector Pierre presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-087, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that H. & Barbara A. Daughtry are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) Inc. lB and (E) 2A. Vice Chair Hammer moved to order that the Respondents correct the violation on or before August 16, 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. Ms. Zibelli seconded the motion that carried 7-0. Case #02-1330 Property Address: Violation(s): Alliance Mortgage Corp. 2651 N.W. 2"d Street 10-2 B.B.C. of Ord. Contain all trash and debris on property and swale and dispose of properly. Maintain free of trash at all times. Inspector Guillaume presented the case and stated that the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 02-1330, Mr. Foot moved that this Board find, as a matter of fact, and a conclusion of law that Alliance Mortgage Corp. is in violation of City of Boynton Beach Code Section Chapter 10-2. Mr. Foot moved to order that the Respondents correct the violation on or before August 1, 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. Vice Chair Hammer seconded the motion that carried 7-0. Case #02-1335 Property Address: John & Patricia Virgil 2880 N.E. 4th Street 16 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Violation(s): CH15-ART.IX-15-120 (D) 1, Inc. Install sod in yard and swale. Inspector Guillaume presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1335, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that John & Patricia Virgil are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1 Inc. Vice Chair Hammer moved to order that the Respondents correct the violation on or before August 16, 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. Mr. Miriana seconded the motion that carried 7-0. Case #02-1509 Property Address: Violation(s): Mary E. Darrell 2510 N.W. 2nd Street FBC '01 ED 104.1.1 & 105.6 Re-roof started without a permit. See copy of "Red Tag", Building Division Inspector Guillaume presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1509, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Mary E. Darrell is in violation of City of Boynton Beach Code Section FBC 2001 Edition 104.1.1 & 105.6. Vice Chair Hammer moved to order that the Respondent correct the violation on or before August 16, 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. Ms. Costantino seconded the motion that carried 7-0. Case #02-617 Property Address: Violation(s): Louis E. La Hue and Brian Sinclair 450 S.W. 2nd Avenue CH15-ART.IX-15-120 (D) 1 INC; FBC '01 ED 104.1.1; 10-52 B.B.C. Inspector Laverdure presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-617, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that 17 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Louis E. La Hue and Brian Sinclair are in violation of City of Boynton Beach Code Sections FBC 2001 Edition 104.1.1, 10-52, and Chapter 15, Article IX-15-120 (D) 1 Inc. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 16, 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. Ms. Costantino seconded the motion that carried 7-0. Case #02-887 Property Address: Violation(s): Liliana & R.D. Richardson, Jr. 301 S.E. 10th Avenue 10-3 B.B.C. of Ord., FBC'01 ED 104.1.1 Building permit needed for canopy structure. Non-permitted wood shed needs to be removed. Inspector Laverdure presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-887, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Liliana & R.D. Richardson, Jr. are in violation of City of Boynton Beach Code Sections 10-3, FBC 2001 Edition, 104.1.1. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 16, 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. Mr. Miriana seconded the motion that carried 7-0. Case #02-1325 Property Address: Violation(s): Gerald D. & Debra F. Fraser 736 W. Ocean Drive CH15-ART.IX-15-120 (D) 1 Inc., FBC '01 ED 104.1.1, CH10-ART II- SEC10-24 (a)(8) Inspector Laverdure presented the case and stated that the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 02-1325, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Gerald D. & Debra Fraser are in violation of City of Boynton Beach Code Sections Chapter 15, Article 1×-15-120 (D) 1 Inc, FBC 2001 Edition 104.1.1, Chapter 10, Article II, Section 10-24(B)(8). Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 1, 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. Mr. Miriana seconded the motion that carried 7-0. 18 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Case #02-1406 Property Address: Violation(s): Pierre Manette 207 S.W. 12th Avenue CH15-ART.IX-15-120 (D) lA, 10-51 (A) B.B.C. of Ord. Inoperable vehicles, trash, and debris Inspector Laverdure presented the case and stated that the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 02-1406, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Pierre Manette is in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) lA, 10-52(A). Vice Chair Hammer moved to order that the Respondent correct the violations on or before August 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. Ms. Costantino seconded the motion that carried 7-0. Case #02-1446 Property Address: Violation(s): Keith & Mavis Dennis 616 S.E. 1st Street 10-52 B.B.C. of ORD. CH15- ART.IX-15-120 (D) 1 INC Inoperable vehicles, trash, debris, and vehicles stored outdoors. Overgrown weeds and grass. Place sod in dead areas of lawn. Inspector Laverdure presented the case and state that the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 02-1446, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Keith & Mavis Dennis are in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1 Inc. and 10-52. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 1, 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. Ms. Costantino seconded the motion that carried 7-0. Case #02-1490 Property Address: Violation(s): David Kislak Trust 819 S.E. 4th Street H15-ART.IX-15-120 (D) 1 INC., 10- 52 B.B.C. of ORD. Inspector Laverdure presented the case and stated that the City recommended 30 days. 19 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Mr. Foot confirmed with Inspector Laverdure that this person had been on last month's agenda, but for a different property. He believed that a larger fine would be in order. Motion Based on the testimony and evidence presented in Case No. 02-1490, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that David Kislak Trust is in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1 Inc. and 10-52. Vice Chair Hammer moved to order that the Respondent correct the violations on or before August 16, 2002. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried 7-0. (Delete Case No. 02-1564 as it complied. Revision 9/16/02) (Insert Case No. 02-1134; inadvertently left out of minutes originally. Revision 9/16/02) Case No. 02-1134 Property Address: Violation: Gloria Venegas 154 S. Palm Drive Chapter 15, Article IX-15-120 (D) 1 Inc. Install grass in swale Inspector Laverdure presented the case and recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1134, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Gloria Venegas is in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1 Inc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before August 16, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25. O0 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. Mr. Miriana seconded the motion that carried unanimously. Case #01-3406 Property Address: Violation(s): Robert Lazar & John R. Smith 407 N.W. 7th Street SBC ' 97 3401.6 & 104.1.1; CH- 15.ART.IX-15-120 (E) 2C Electrical panel box has missing circuit breaker, open - hot wires need to be covered; permit required for hot water heater; mow lawn and keep free of trash. De-weed yard and install sod. Remove all trash & debris 20 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 including boat parts, tires. Trim all trees ten feet from ground. Trim all bushes. Repair soffit screen. Replace all window screens and remove broken TV antenna (hurricane hazard). Inspector Webb presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3406, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that Robert Lazar & John R. Smith are in violation of City of Boynton Beach Code Sections SBC 1997 Edition 3401.6 & 104.1.1; Chapter 15, Article IX-15.120 (E) 2C. Vice Chair Hammer moved to order that the Respondents correct the violations on or before August 16, 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. Mr. Foot seconded the motion. Mr. Foot asked if any of the violations had been addressed. Inspector Webb stated that some of the bushes had been trimmed and that the owner was working on the building. Mr. Foot asked about the safety hazards. Inspector Webb stated that all of the trash had been removed. Ms. Costantino asked if anyone were living in the property and Inspector Webb indicated that the property was vacant and secured. Mr. Foot believed that 30 days was too long and that there were several items that could be problems. The motion carried 6-1, Mr. Foot dissenting. Case #02-1188 Property Address: Violation(s): J.H. & Louise D. Garvin 918 N.W. 1st Street CH15-ART.IX-15-120 (D). lA & 1.E Remove unlicensed and inoperable vehicles. Remove all wood chips and cover yard with sod. Inspector Webb presented the case and stated that the City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 02-1188, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that J. H. & Louise D. Garvin are in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) lA & I.E. Vice Chair Hammer moved to order that the Respondents correct the violations on or before September 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the 21 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-1442 Property Address: Violation(s): James Johnson, Jr. 913 N. Seacrest Boulevard FBC '01 ED 104.1.1 and 104.6.2 Permit required for re-roofing. See copy of Red Tag Inspector Webb presented the case and stated that the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 02-1442, Vice Chair Hammer moved that this Board find, as a matter of fact, and a conclusion of law that James Johnson, Jr. is in violation of City of Boynton Beach Code Sections FBC 2001 Edition 104.1.1 and 104.6.2. Vice Chair Hammer moved to order that the Respondent correct the violations on or before August 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. Ms. Zibelli seconded the motion that carried 7-0. Case #01-2254 Town Tavern, Inc. P.O. Box 333 Rahway, N.J. 07065 512 N. Federal Highway Inspector Melillo stated that the City wished to table this case until the August Code Compliance meeting. Motion Vice Chair Hammer moved to table Case No. 01-2254 until the August 21,2002 meeting of the Code Compliance Board. Ms. Zibelli seconded the motion that carried 7-0. VI. LIEN PENALTY CERTIFICATIONS THE FOLLOWING CASES HAVE COME INTO COMPLIANCE PRIOR TO MEETING BUT SUBSEQUENT TO ORDER DATE AND THE CITY RECOMMENDED NO FINE. Inspector Melillo stated that the City recommended no fine in the following cases: Case #01-3378 Case #01-3458 Case #01-3506 Case #01-2362 Case #02- 882 Case #02- 788 Case# 02- 550 22 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Case #01-3378 Paul & Mary Savage 2650 N.W. 1st Street Motion Based on the testimony and evidence presented in Case No. 01-3378, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Paul & Mary Savage, were in violation of Code Sections No. Chapter 15, Article IX-15-120 (D) 1 Inc. subsequent to the date of compliance specified in this Board's Order of April 17, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day and no administrative costs. Mr. Miriana seconded the motion that carried 7-0. Case# 01-3458 Jacob & Shellie Rus 2751 N.E. 4th Street 552 Sanctuary Point Jupiter, FI 33458 Motion Based on the testimony and evidence presented in Case No. 01-3458, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Jacob & Shellie Rus, were in violation of Code Sections No. Chapter 15, Article IX-15-120 (D) 1 Inc. and (E) 2.A subsequent to the date of compliance specified in this Board's Order of March 30, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day and no administrative costs. Mr. Midana seconded the motion that carried 7-0. Case #01-3506 Rigel & Nigel Kowlessar 2888 S. Seacrest Boulevard Motion Based on the testimony and evidence presented in Case No. 01-3506, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Rigel & Nigel Kowlessar were in violation of Code Sections No. Chapter 15, Article IX-15-120 (D) 1. Inc. subsequent to the date of compliance specified in this Board's prior Order of April 17, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day and no administrative costs. Mr. Miriana seconded the motion that carried 7-0. Case #01-2362 Building "F" 1117 Lake Terrace 107-F Condominium Association Motion Based on the testimony and evidence presented in Case No. 01-2362, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Building "F" Condominium Association, were in violation of Code Sections No. SBC 1997 Edition 103.5 and 3401.6 SBC 1997 Edition subsequent to the date of compliance specified in this Board's prior Order of January 16, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day and no administrative costs. Mr. Miriana seconded the motion that carried 7-0. 23 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Case #02-882 Jean Dirogene & Belga Geneste 1515 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case No. 02-882, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Jean Dirogene & Belga Geneste, were in violation of Code Sections Chapter 15, Article IX-15-120 (D) Inc. subsequent to the date of compliance specified in this Board's prior Order of May 15, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day and no administrative costs. Mr. Miriana seconded the motion that carried 7-0. Case #02-788 Fair Lanes Boynton Beach cio AMF Bowling 8100 AMF Drive R.E. Department Mechanicsville, Va. 23111 1390 W. Boynton Beach Boulevard Motion Based on the testimony and evidence presented in Case No. 02-788, Mr. Foot moved that this Board find, as a matter of fact, that Fair Lanes Boynton Beach were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1 Inc. & (E) 2 subsequent to the date of compliance specified in this Board's Order of May 15, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order of May 15, 2002, and this Board impose and certify a fine in the amount of $0.00 per day and no administrative costs. Mr. Miriana seconded the motion that carried 7-0. Case #02-550 Robert Bridges 635 N.W. 5th Street Motion Based on the testimony and evidence presented in Case No. 02-550, Mr. Foot moved that this Board find, as a matter of fact, that Robert Bridges was in violation of Code Sections Chapter 15, Article IX-15-120 (D) Inc. subsequent to the date of compliance specified in this Board's Order of May 15, 2002. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order of May 15, 2002, and this Board impose and certify a fine in the amount of $0.00 per day and no administrative costs. Mr. Miriana seconded the motion that carried 7-0. INSPECTOR MELILLO STATED THAT THE CITY RECOMMENDED CERTIFICATION OF THE FINE AT $25.00 PER DAY FOR THE FOLLOWING CASES THAT ARE NOT IN COMPLIANCE: Case #01-3280 Case #01-986 Case #01-2627 Case #02-240 Case #01-3182 Case #02-278 Case #02-516 24 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 Case #02-1013 Case #02-513 Case #01-3280 Carlos & Leonor Perez 115 N.E. 4th Avenue Motion Based on the testimony and evidence presented in Case No. 01-3280, and having considered the gravity of the violation(s), the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Carlos & Leonor Perez have violated this Board's prior Order of February 20, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion that carried 7-0. Case #01-986 Lyndia Matthews 516 N.W. 3rd Street Motion Based on the testimony and evidence presented in Case No. 01-986, and having considered the gravity of the violation(s), the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Lyndia Matthews has violated this Board's prior Order of June 20, 2001, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion that carried 7-0. Case #01-2627 Edmundo & Laura Manterola 2215 N.E. 4th Court Motion Based on the testimony and evidence presented in Case No. 01-2627, and having considered the gravity of the violation(s), the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Edmundo & Laura Manterola have violated this Board's prior Order of May 15, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion that carried 7-0. Case #02-240 Georges & Marielys 2706 S.W. 4th Street Sintilien Motion Based on the testimony and evidence presented in Case No. 02-240, and having considered the gravity of the violation(s), the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Georges & Marielys Sintilien have violated this Board's prior Order of May 15, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondents come into 25 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion that carried 7-0. Case #01-3182 Harold Hall 119 Arthur Court Motion Based on the testimony and evidence presented in Case No. 01-3182, and having considered the gravity of the violation(s), the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Harold Hall has violated this Board's prior Order of February 20, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion that carried 7-0. Case #02-278 Abraham Cowrie 3150 Orange Street Motion Based on the testimony and evidence presented in Case No. 02-278, and having considered the gravity of the violation(s), the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Abraham Cowrie has violated this Board's prior Order of May 15, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion that carried 7-0. Case #02-516 Audrelyn Dewar 3148 E. Palm Drive Motion Based on the testimony and evidence presented in Case No. 02-516, and having considered the gravity of the violation(s), the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Audrelyn Dewar has violated this Board's prior Order of May 15, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion that carried 7-0. Case #02-1013 Learie Wells 740 N.W. 1st Avenue Motion Based on the testimony and evidence presented in Case No. 02-1013, and having considered the gravity of the violation(s), the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Learie Wells has violated this Board's prior Order of May 15, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until 26 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida July 17, 2002 a judgment is entered based upon this certification of fine. motion that carried 7-0. Case #02-513 Linda Lester Ms. Zibelli seconded the 506 N.E. 2nd Street Motion Based on the testimony and evidence presented in Case No. 02-513, and having considered the gravity of the violation(s), the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Linda Lester has violated this Board's prior Order of May 15, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion that carried 7-0. VII. FORECLOSURES Motion Mr. Foot moved to authorize the City Attorney to proceed on foreclosures as listed below. Vice Chair Hammer seconded the motion that carried 7-0. Phoenix Real Estate Investment Group, Inc. Phoenix Real Estate Investment Group, Inc. Case #00-1109 Case #00-1164 VIII. ADJOURNMENT Since there was no further business before the Board, the meeting was duly adjourned at 9:00 p.m. Respectfully submitted, Susan Collins Recording Secretary (two tapes) (07-18-02)(Revised & reissued 09-16-02) 27