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Minutes 06-19-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JUNE 19, 2002, AT 7:00 P.M. Present Chris DeLiso, Chairman Bob Foot Tom Walsh (left 9:10 p.m.) Dee Zibelli Michele Costantino, Alternate Dave Rafkin, Alternate Absent David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Inspectors: Luney Guillaume Richard Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb Patti Hammer, Vice Chair James Miriana Enrico Rossi I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:00 p.m. II. APPROVAL OF MINUTES OF MAY 15, 2002 Motion Ms. Zibelli moved to approve the minutes. Motion seconded by Ms. Costantino and unanimously carried. III. APPROVAL OF AGENDA Inspector Roy requested that the following changes be made to the agenda: A. Page B. Page C. Page D. Page E. Page F. Page G. Page H. Page 30 I. Page 39 J. Page 43 K. Page 45 L. Page 49 M. Page 56 N. Page 67 3 (Case #02-805), Ulysses Stevenson & Bernice Thomas, complied 10 (Case #02-592), Pearlnita Sanders & James & Pearl Walker, removed 11 (Case #02-1040), Dezilme Alcequeur, removed 12 (Case #02-1046), Bobby Johnson Jr., removed 18 (Case #02-761 ), Daniel Correa, complied 19 (Case #02-791), Marlene Israel, complied 25 (Case #02-681), Lillian Mayhew Sr. Tr., removed (Case #02-684), William Scott Jenkins, Jr., removed (Case #02-783), Wayne Case, complied (Case #02-951 ), Catherine Allen, complied (Case #01-1294), Ka Hock & Jeannie Go, removed (Case #02-356), Boynton Industrial Park Assn., removed (Case #02-989), Kelly Mingin, complied (Case #02-1056), David Stone & Claudia Kippling, removed Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Motion Mr. Walsh moved to approve the agenda, as amended. Ms. Costantino seconded the motion th at carried 6-0. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Inspector Roy called the roll. The Recording Secretary administered 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 #02-050 Property Address: Violation(s): Yves-Marie Hubert Tr. 725 N. Federal Highway SBC, 1997 Edition 104.1.1 & 104.7.5 Permits required and work commencing prior to issuance of permit. Inspector Pierre said the case was originally cited on January 8, 2002 for commencing work on a fence prior to obtaining a permit. Yves-Marie Hubert, 725 N. Federal Highway, stated that he applied for a permit for another matter at the City and was turned down by Michael Rumpf, who indicated that until that case was solved, the City would not be able to work on any other permit he requested. He asked for 30 days. Mr. Tolces stated that Mr. Hubert was involved in a bankruptcy at this time, noting a letter from Michael Rumpf that the City would not modify his occupational license to sell boats until a bankruptcy proceeding involving him was settled. Chair DeLiso asked Mr. Hubert if he had tried to get a permit for the fence and he said he was waiting for the bankruptcy hearing the next day. Mr. Foot indicated that the Board should give him 60 days to get the permit. Motion Based on the testimony and evidence presented in Case No. 02-050, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Mr. Yves-Marie Hubert Tr. is in violation of the City of Boynton Beach, Code Sections SBC '97 Edition 104.1.1 and 104.7.5. Mr. Foot moved to order that the Respondent correct the violation on or before August 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. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 The motion died for lack of a second. Motion Mr. Walsh moved that Case No. 02-050 be tabled until the Code Compliance Board meeting to be held on July 17, 2002. Ms. Costantino seconded the motion that carried 6-0. Chair DeLiso asked Mr. Blasie to speak with Mr. Rumpf to learn more about this case. Case #02-710 Property Address: Violation: Joseph and Vito DeCosmo 209 S.E. 6th Avenue 13-16 of B.B.C. or Ord; FBC 2001 Edition, 104.1.1 ,Chapter 15, Article IX-15-B) 2A, Part 3, LDR, Chapter 8A. SB(13) (1) Permits required for structure, including canopy, 6' wood fence and office built inside the bay. (2) Occupational License is required for rental property. (3) Exterior storage not allowed without screening. Remove truck body. (4) Illegal bumpers are not allowed in swale area. Inspector Pierre said the case was originally cited on March 19, 2002. Most of the violations have complied with the exception of the office in the bay. The violations were discovered through a citizen's complaint. Chair DeLiso asked Inspector Pierre if he had been able to get blueprints showing what the building looked like before Mr. DeCosmo occupied it. Was the office pre-existing? Inspector Pierre stated that after much research, they were not able to show any proof that Mr. DeCosmo had a permit for the office. Chair DeLiso asked Mr. DeCosmo if he could produce a copy of the blueprints and Mr. DeCosmo stated he did not have them. Mr. Tolces asked Inspector Pierre to introduce any documents he wished to have added to the record. Chair DeLiso stated that in the May 15, 2002 Code Compliance meeting, Mr. DeCosmo had stated that when he built this building, the office was in place. Chair DeLiso asked the City to provide a copy of the blueprint to show that the office was not in the building at the time that Mr. DeCosmo gothis Certificate of Occupancy. Mr. Blasie introduced three photographs taken March 18, 2002 depicting the unpermitted office facility and entitled them City's Exhibit A, showing them to Mr. DeCosmo. In one photograph the walls of the office do not go all the way to the ceiling and Mr. Blasie thought this was an obvious cue that the Code requirements were not being met. Mr. Blasie stated that Mr. DeCosmo confirmed that the pictures were accurate depictions of his property. Mr. Blasie also entered into evidence City's Exhibit B, a record that the Building Division of the Development Department keeps on all properties within the City for permits that were issued. The record does not show an office, enclosure, and an awning on a duplex, none of which explain the office. Mr. Blasie said he had a rough 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 sketch of a shell and a permit issued in September of 1971 entitled "Warehouse." That would be the four walls, the roof, the slab, without an office inside. Mr. Blasie entitled the rough sketch City's Exhibit C. Mr. Blasie showed the photographs to the Board. He stated that they had three sources of information for building permits: the computer, the Paper Land File, and the City Clerk's office. They had accessed the first two in preparation for last month's meeting but had not gone to the City Clerk's office, where they were able to find the rough sketch, Exhibit C. Joseph DeCosmo, 209 S.E. 6th Avenue, Boynton Beach, indicated that he had always owned the building. Mr. DeCosmo said that when the first tenant took possession 33 years ago, the walls were up and he was issued a license. He wondered why there was a problem now. He said the walls were non-bearing walls. Mr. Foot said there were two issues: an occupational license and a building permit. It could be that the Code Compliance inspectors at that time were not checking to see if those asking for an occupational license were in a building that had proper permits for construction. Mr. DeCosmo telling the Board that the office was in place when a license was issued does not mean that the office was part of the original construction. Chair DeLiso asked staff if the office could be permitted. Mr. Blasie recommended that Mr. DeCosmo be given thirty days to meet with Don Johnson, the City's Building Official. The Building Official could then present his findings to the Board. Chair DeLiso asked for a description of the office and Mr. Blasie stated there were four walls with electricity on the walls. Mr. DeCosmo stated that only one side of the office had a wall that did not go all the way to the ceiling. Mr. DeCosmo said this matter had been brought to the Circuit Court on May 24. He is suing the City in civil court. Chair DeLiso stated the Code Compliance Board had not rendered a decision and that the decision could not be appealed until they had done so. The Board tabled the case, pending more information, Mr. DeCosmo stated the Board had made a decision and had found him guilty. Mr. Tolces stated that this Board does not decide the guilt or innocence of anything. Motion Mr. Walsh moved to table Case No. 02-710 until the Code Compliance Board meeting to be held on July 17, 2002. Ms. Costantino seconded the motion that carried 6-0. Mr. Blasie asked if the motion included the understanding that Mr. DeCosmo would meet with Mr. Johnson, the Building Official. Chair DeLiso said it did. Chair DeLiSo suggested that Mr. DeCosmo request a copy of the minutes from the May meeting. Mr. FOot had examined the minutes of the previous meeting and stated that the Board had decided to continue the hearing until June 19, 2002. There was no finding of gUilt. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Case #02-631 Property Address: ViOlation(s): Marguerite Small 133 S.W. 7th Avenue FBC 2001 Edition 104.1.1 Unpermitted shed on property Inspector Laverdure stated that this violation had been discovered through a complaint. Service was by certified mail. The property was originally cited on March 14, 2002. Marguerite Small, 133 S.W. 7th Avenue, Boynton Beach, pled no contest and asked for thirty days. Chair DeLiso asked how much time she needed and she stated one week. Mr. Foot suggested that the Respondent be given 30 days to take the shed down. Ms. Costantino seconded this statement and a passing vote of 5-0 was rendered. Mr. Tolces asked if the intent had been to present a regular motion with the standard clauses or just a tabling motion for thirty days. Since the intent was to have a regular first-case 'motion with the standard clauses, the following motion was presented to amend the first one. Motion Based on testimony and evidence presented in Case No. 02-631, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Marguerite Small is in violation of the City of Boynton Beach, Code section FBC 2001 Edition 104.1.1. Ms. Costantino moved to order that the Respondent correct the violation on or before July 19, 2002. If Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed1 The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 6-0. Case #02-835 Property Address: Violation(s): J. Francois & Marie Marcellus 203 S.E. 4th Avenue and 207 S.E. 4th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc. Appearance/maintenance of private property Trash, debris, items stored outdoors; yard overgrown and swale areas need to be mowed and trimmed; sod needs to be installed in dead areas of the front yard. Inspector Laverdure reported that the property had originally been cited on April 1, 2002. Service was accomplished by certified mail. The violation was discovered through a routine inspection. Most of the violations have been taken care of except the grass. Peter Mitchell, 641 E. Woolbright Road, Boynton Beach, stated that he lives in 207D and pled no contest. He requested 30 days. Mr. Tolces asked Mr. Mitchell to explain his relationship to the property owner. Mr. Mitchell was advised that the citation was for a boat but it appeared to him that this was not the case. He owns a boat and Mr. Marcellus asked him to take care of it. Chair DeLiso advised Mr. Mitchell to ask Mr. Marcellus to read the citation. Meeting Minutes ..... Code Compliance Board Boynton Beach, Florida June 19,2002 Motion Based on the testimony and evidence presented in Case No. 02-835, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that J. Francois & Marie Marcellus are in violation of City of Boynton Beach, Code Section(s) Chapter 15, Article 1×-120-D.1, Inc. Mr. Foot moved to order that the Respondents correct the violations on or before July 19, 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. Walsh seconded the motion that passed 6-0. Case #02-756 Property Address: Violation(s): Valerie L. Sloan 115 N.E. 22"d Avenue Chapter 15, Article IX-15-120 (D), Inc. Deweed yard and install sod wherever dead or bare spots occur. Inspector Guillaume said that the violation was discovered through a routine inspection and was cited on March 21, 2002. Valerie McFadden, 115 N.E. 22nd Avenue, Boynton Beach, pled no contest. She stated that when the City put in the circular drive, they dug up her sprinklers. She called to try to get this taken care of because she was told if she gave them permission to go into her yard and do the work that had to be done, they would repair any damage they might cause. When they finished up the project and everybody left, she called many times and nobody repaired her sprinkler system. Chair DeLiso suggested that she contact Jeffrey Livergood of the Public Works Department about this. Motion Mr. Foot moved that Case No. 02-756 be tabled until the Code Compliance Board meeting to be held on July 17, 2002. Ms. Costantino seconded the motion that passed 6-0. Case #02-1000 Property Address: Violation(s): Irania M. Acevedo 12 Swallow Drive SBC '97 Edition 104.6.1 Pool permit expired Inspector Pierre said the property was cited by the Building Department. Service was accomplished by certified mail. Irania Acevedo, 12 Swallow Drive, Boynton Beach, pled no contest and asked for 30 days. She was working with a contractor, had a permit, and the work was almost finished. Motion Based on the testimony and evidence presented in Case No. 02-1000, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Irania M. Acevedo is in violation of City of Boynton Beach, Code Section SBC, 1997 Edition, Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 104.6.1. Mr. Foot moved to order that the Respondent correct the violation on or before July 17, 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 ~s 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 6-0. Mr. Tolces suggested that the motion be amended to reflect the correct date of July 19, 2002 and Mr. Foot and Ms. Costantino agreed to so amend the motion. Case #02-1069 Property Address: Violation(s): Diana Ebersold 2575 S.W. 10th Court Chapter 15, Article IX-15-120 (D), Inc. Remove inoperable cars and car parts from property. Inspector Roy said the property was originally cited April 23, 2002. The violation was discovered through an anonymous neighborhood complaint. Service was accomplished by certified mail. Diana Ebersold, 2575 S.W. 10th Court, Boynton Beach, pled no contest and requested 30 days. Motion. Based on the testimony and evidence presented in Case No. 02-1069, Mr. Foot moved that this Board find, as a matter of fact, and as .a conclusion of law, that Diana Ebersold 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 Respondent correct the violation on or before July 19, 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 passed 6-0. Case #02-605 Property Address: Violation(s): DL & Violet L. Folsom & Bruce Strnad 224 S.E. 6th Avenue 13-15 B.B.C. Ord; 20-8; PT3- LDR.Ch2.S.8A.5.B. (13); 10-52 BBc of Ord; FBC 2001 Ed 104.1.1; PT3-LDR- Ch2.Sec.8.A.3. On Site welding business exceeds scope of mobile welding license; environmental review permit required; occupying motor home prohibited; exterior storage not allowed without screening; structure requires permits, including fencing and canopy, All vehicles must be registered and operable. Residential use not permitted in M-1 zoning. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Inspector Pierre said the citation was given on March 13, 2002 and was discovered through a citizen's complaint. Mr. Bruce Strnad is representing the owner because he is the owner of the welding shop. Bruce Strnad, 217 S.E. 2nd Avenue, Boynton Beach, pled no contest to everything except the welding license, because he felt there had been a mistake on this. He pled not guilty on the welding license issue. Chair DeLiso asked how long he thought it would take to come into compliance. Mr. Strnad stated he just discovered that Mr. Folsom will have to pull the permit(s), and he is in Colorado. Chair DeLiso asked if 90 days would be sufficient and Mr. Strnad thought that it would. Chair DeLiso verified with Mr. Strnad that he was pleading not guilty to the welding license issue, 13-15 B.B.C of. Ord., and Mr. Strnad agreed. Chair DeLiso verified that Mr. Strnad was pleading no contest to 20-8 Occupying Private Property, the PT3-LDR. Ch. 2S.8A.5.B(13), 10-52 B.:B.C. of Ord., and the FBC'01 Ed 104.1.1, and Mr. Strnad agreed that was the case. Motion Based on the testimony and evidence presented in Case No. 02-605, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that DL & Violet Folsom (Strnad Coastal Fabrications) are in violation of City of Boynton Beach, Code Sections 20-8; PT3-LDR. Ch 2, S. 8A. 5.B(13); 10-52 B.B.C. of Ord; FBC 2001 Ed 104.1.1. Mr. Foot moved to order that the Respondents correct the violations on or before September 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that passed 6-0. Chair DeLiso brought the discussion back to the welding license issue, 13-15 of B.B.C. of Ord., to which Mr. Strnad pled not guilty. Mr. Strnad stated he had been in his current business location for approximately twenty years. He was originally issued a mobile welding license for 808 S.E. 3~d Street, his home. As his business increased, he needed to expand and got a warehouse. He went to the City and said he was moving into 224 S.E. 6th Avenue and that this would be his location from then on, and that he would be working in that warehouse. Mr. Strnad said the original license was mobile and he went to the City twenty years ago and stated that he needed it to be changed to stationary. Chair DeLiso said that if one wanted to do welding and was not mobile, there would be a plan review. Mr. Stmad stated that Cox Custom Welding was in there before him and he knew of no such thing that they had to go through twenty years ago. Chair DeLiso asked Mr. Strnad if he had ever had an environmental review. Mr. Strnad said people had come to him and asked him what he did and what chemicals he used and so forth - he did not know if they were from the City or the State. He only uses metal. Chair DeLiso affirmed with staff that Mr. Strnad had a mobile welding license and not a stationary one. Chair DeLiso confirmed with Mr. Strnad that Mr. Strnad is doing welding Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 on the premises. Mr. Strnad stated that he had come to the City and told them that he no longer worked out of a trailer and that he worked inside the building; also, Fire Inspectors came to check everything out. Why wasn't an environmental review mentioned at that time? With regard to the amount of time needed to change the occupational license from mobile to stationary, staff said Mr. Strnad should make an appointment with the Planning & Zoning Division for a review and thought 60 days would be sufficient. Motion Based on testimony and evidence presented in Case No. 02-605, Mr. Foot moved that this Board find as a matter of fact, and as a conclusion of law, that DL & Violet Folsom (Strnad Coastal Fabrications) are in violation of City of Boynton Beach, Code Section 13-15 of B.B.C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before August 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. Ms. Zibelli seconded the motion that carried 6-0. Chair DeLiso'asked how this complaint came in. Inspector Pierre said it was a complaint from Mr. DeCosmo and that Mr. Strnad had also called the Code Compliance Division to complain about Mr. DeCosmo. Chair DeLiso suggested that Mr. Strnad go to Planning & Zoning and find out what the requirements would be. Chair DeLiso reiterated that he had asked for a mobile license and was now doing stationary work. Mr. Strnad stated that nobody in the Occupational License Department at the City had told him that he would have to have any different license. He stated the licenses did not state "mobile." He showed the Board his licenses. He stated that for two years in a row he got the wrong license, which said "Mobile Repair Service." He does not do that. Chair DeLiso examined the licenses and stated that the licenses did not state "mobile." He thought the Board might want to reconsider the former motion. Inspector Pierre had an e-mail from Planning & Zoning stating that Mr. Strnad has a mobile license. He did not know if it would be shown on the license but the system says that is what he has. Chair DeLiso stated that the Respondent has had a license for twenty years and has a welding business that has been in place for twenty years. Mr. Foot believed that the Board had given the Respondent 60 days to work the problem out. Chair DeLiso said the Board could reconsider the motion if it wished to do so. Mr. Strnad stated that on the second year he had received a license stating "Mobile Repair Service" from the City, he went to the City and asked them about it. The City told him that he had a welding license but had given it up. Mr. Strnad had not done anything. Then he told them he wanted his welding license back. They stated he could not have his welding license back and that he needed an environmental review. Chair DeLiso stated that Mr. Strnad's original license indicated that it was only mobile, for miscellaneous repairs. Welding was added this past year. Ms. Costantino stated that on Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida June 19, 2002 the 1997-98 license the classification was "Welding" - it did not say anything about mobile. Mr. Foot stated that the 2001-02 license refers to welding - in previous years it referred to mobile and miscellaneous repair services. Mr. Strnad said that was wrong and that the City had made a mistake. Ms. Costantino said there were several discrepancies in the language on the welding permits. Mr. Foot said he had 60 days to work it out under the motion that was approved. Mr. Strnad asked if he were not "grand-fathered" in? Mr. Strnad said that because the City changed his license, this was all coming up because of a complaint from another business in his vicinity. Chair DeLiso asked that the Board consider a motion to reconsider the case and then table it until they could find out exactly where the City was as far as why this gentleman was cited now and not twenty years ago. Motion Mr. Walsh moved to reconsider the second motion made in Case No. 02-605, pertaining to the welding license issue. Ms. Zibelli seconded the motion that carried 5-1, Mr. Foot dissenting. Motion Ms. Zibelli moved that Case No. 02-605, welding license issue, Section 13-15 orB. B.C. of Ordinances, be tabled until August 21, 2002. Ms. Costantino seconded the motion that carried 5-1, Mr. Foot dissenting. Mr. Tolces asked Mr. Strnad to provide copies of his occupational licenses to the Recording Secretary. Mr. Strnad offered to bring them to the City Clerk's office. Case No. 02-1226 Property Address: Violation(s): Bob Katz Properties 522 N.E. 4th Street 13-16 B.B.C. of Ord. Occupational license required for auto mechanic shop. Inspector Pierre stated that the violation was discovered through a citizen's complaint. Service was accomplished by certified mail. Bob Katz, 306 S.E. 1st Avenue, Boynton Beach, pled not guilty. Inspector Pierre related that the City had a complaint from a person who indicated that there is an auto mechanic's shop open at this address. He went there and saw someone installing a system for a shop mechanic and working on cars. He had pictures, which he showed to Mr. Katz and then to the Board. Chair DeLiso asked if this were a residence and Mr. Katz replied that it was a warehouse. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Mr. Katz stated that the current tenant just went through the Environmental Review Board and had made three appointments for a pre-application meeting prior to that. The City did not show up for the first two meetings. He received an environmental review inspection last week and just received a list of things he has to do to conduct a business there. He is not working on any vehicles at this time and has been informed that he cannot work on any vehicles there, other than his own. He does have equipment there but he is not working on vehicles. Inspector Pierre thought Mr. Katz needed to plead no contest instead of not guilty because they talked about it and Mr. Katz needed more time. Mr. Katz stated that as far as he knew, the current tenant was not conducting a business there and that he had an environmental inspection. Chair DeLiso suggested that the case be dismissed and if Inspector Pierre observes bodywork or mechanic work being done on cars other than the current tenant's, that the case be brought again with a Cease and Desist Order. If he does this and is caught, Mr. Katz would be fined. If he is not doing it any more, there is no longer a violation. Chair DeLiso stated that unless Inspector Pierre had seen the work being done yesterday, the case should not have been brought before the Board. Inspector Pierre reiterated that a shop was being run without a license at the violation address. Chair DeLiso indicated that Mr. Katz stated they had ceased doing that work. Mr. Foot stated that there had been a violation previously. Chair DeLiso stated that once the work was stopped, there was no violation. Chair DeLiso asked for a motion to dismiss the case. Mr. Foot inquired if a motion giving 60 days to bring it into compliance would be enough time. Chair DeLiso said there was nothing to bring into compliance. Mr. Foot said he was considered to be in violation earlier. Chair DeLiso stated he was not in violation now. Mr. Foot thought that determination had not been made. Mr. Katz stated that Inspector Pierre was correct in saying that a month ago, they were doing work there. They are now in the process of working with the City, and are no longer doing work there. There is no violation now. They are going through the correct process to get their occupational license. Motion Based on the testimony and evidence presented in Case No. 02-1226, Mr. Walsh moved to find that Bob Katz Properties is not in violation of Code Section 13-16 of the B.B.C. of Ord. Ms. Zibelli seconded the motion that passed 5-1, Mr. Foot dissenting. Case #02-879 Pro perty Address: Violation(s): David & Ida M. Hayes 1626 N. Seacrest Boulevard Chapter 15-Art. IX-15-120 (D). Inc. Install grass in yard. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Inspector Melillo said that the property was originally cited on May 6, 2002. The violation was found through a routine inspection of the neighborhood. Service was accomplished by certified mail. David Hayes, 1626 N. Seacrest Boulevard, Boynton Beach, pled no contest. Mr. Hayes stated that this was the only paycheck in the home at present and that any major repairs had to wait until income tax refund time. Chair DeLiso asked if he had contacted Community Redevelopment and Mr. Hayes replied that he had but at the time of application, did not meet their requirements. Mr. Hayes stated that he had a different job now and was making less money. Mr. Hayes stated that because of the water restrictions in the recent past, he could not get up at four a.m. to water his lawn manually due to his work schedule. The grass got to the point where it could not be brought back. Chair DeLiso suggested tabling the case for 60 days to allow Mr. Hayes time to reapply to Community Redevelopment. Mr. Foot asked if the case were tabled for 60 days, whether the inspectors could remove the case from the docket or if the Hayes would have to appear before the Board in any case. Mr. Tolces stated that the inspectors could remove the case from the docket if it came into compliance. Inspector Melillo stated that the property was in a highly visible location on Seacrest Boulevard, and that there was no grass in the yard. The grass was removed back in March and now there is sand on the sidewalk and on Seacrest Boulevard. Chair DeLiso suggested that the case be tabled for thirty days so the Respondent could reapply to Ms. Octavia Sherrod in the Community Redevelopment Division of the City. Motion Mr. Walsh moved that Case No. 02-879 be tabled until the Code Compliance Board meeting to be held on July 17, 2002. Mr. Rafkin seconded the motion that carried 5-1, Mr. Foot dissenting. Case #02-1204 Property Address: Violation(s): Yule S. Miller & Susan Y. Kee 720 N.W. 10th Court FBC 2001 Ed 104.1.1; Ch15-Art. IX-15- 120(D). Inc; Ch15-Art. IX-15-120 (E)2C Sod front yard, including swale; replace all broken windowsi remove debris including furniture; permit required for canopy in back. Inspector Pierre reported that this property had originally been cited on May 8, 2002. The violation was discovered through a citizen complaint. Service was accomplished by certified mail. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 Susan Kee, 720 N.W. 10t~ Court, Boynton Beach, stated that she did not get the notice of violation until May 30 and it had a compliance date of May 22, 2002. Also, most of the swale has now been covered with sod. Ms. Kee stated that the canopy was not a permanent structure and was easily disassembled if there were any kind of storm. The poles were in buckets filled with concrete. Chair DeLiso asked if they kept it up on a long-term basis and Ms. Kee responded that it was kept up unless there was a hurricane. Chair DeLiso advised her that the City Commission had made a determination in this matter and that the canopies had to be taken down daily. MS. Kee asked if she could get a permit but Chair DeLiso stated that if it were the kind purchased at Home Depot, for example, that it would not meet the wind load requirements. Chair DeLiso asked if 60 days would be sufficient to bring the property into compliance and Ms. Kee agreed that it would. Ms. Kee asked if she would have to take the canopy down and Chair DeLiso said that she would. Ms. Kee stated that the City had denied her the opportunity to keep a back porch they had built when she had applied and brought in the plans from an architect. She had also never gotten a Release of Lien on this issue. Ms. Kee did not think the new ruling on canopies was fair. Motion Based on the testimony and evidence presented in Case No. 02-1204, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Yule Miller and Susan Kee are in violation of City of Boynton Beach, Code Sections FBC2001 Edition 104.1.1, Chapter 15, Article IX-15-120 (D) Inc. and Chapter 15, Article IX-15-120 (E)2C. Ms. Costantino moved to order that the Respondents correct the violations on or before August 1.8, 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 connect the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 6-0. Case #02-821 Property Address: Violation(s): Gloria Dennie 61 S. Atlantic Drive East Chapter 15-Art. IX-15-120 (D)I, Inc. Fertilize, water, and deweed yard and swale. Inspector Laverdure reported that this property had been cited originally on March 28, 2002. The violation was discovered by routine inspection. Service was accomplished by certified mail. Gloria Dennie, 61 S. Atlantic Drive East, Boynton Beach, pled no contest and asked for thirty days. She had already begun to put the sod in. Motion Based on the testimony and evidence presented in Case No. 02-821, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Gloria Dennie is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1, 13 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida June 19, 2002 Inclusive. Mr. Foot moved to order that the Respondent correct the violation on or before July 19, 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 6-0. Case #02-831 Property Address: Violation(s): Joseph M. & Sylvia S. Woods 12 Grange Place Chapter 15, Article IX-15-120 (D)I, Inc. Fix rotted wood on outside of home including screen enclosures -front porch - soffit ' windows - garage door - roof- and all other areas Inspector Laverdure reported that the property was originally cited on March 28, 2002 as a result of a complaint from the Homeowners Association. Joseph Woods, 12 Grange Place, Boynton Beach, stated that he had met with Inspector Laverdure, who had explained in detail what needed to be done. Since the pictures were taken on the previous Saturday, a lot had been done. In trying to fix the chipped paint on the garage door, the garage door came off the track. Mr. Woods asked for at least 60 days to arrange for a contractor to do the garage door. He stated that he had financial difficulties also and would try to get help from the Community Redevelopment Division. Motion Based on the testimony and evidence presented in Case No. 02-831, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Joseph M. & Sylvia S. Woods are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1, Inclusive. Mr. Foot moved to order that the Respondents correct the violation on or before August 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 6-0. Case #02-917 :Property Address: Violation(s): Barbara A. Watson 141 S.E. 25th Avenue Chapter 15,Article IX-15-120 (D) 1, Inc. Deweed yard and trim all overgrowth. Inspector Laverdure reported that this property ;had originally been cited on April 5, 2002. The violation was discovered through a complaint from the community. Service was accomplished by certified mail. Barbara Watson, 141 S.E. 25th Avenue, Boynton Beach, pled not guilty to the issue of trimming. She pled no contest to the weed issue. She stated that she had trimmed her plants but had not gotten all the weeds up. Chair DeLiso asked her how long she 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 needed. Ms. Watson said it depended on the City of Boynton Beach because the City had torn up her sod when they put in pipes and might have damaged her pump. She did not know if her sprinkler system would work because there was a front-end loader sitting in front of the house on her sprinkler system. In regard to the tree trimming, she had trimmed the trees but some of them were only three feet high and did not need trimming. In regard to the weeding issue, she did not think it made sense to pull the weeds out until the plastering job and the wheelchair ramp Were completed. Inspector Laverdure stated that this had been a neighborhood complaint and felt that the Board should take that into account. The Respondent stated that she had taken down the hedge between her house and the neighbor's house since she could not keep it trimmed due to her health. The person next door had her house for sale and was very much against the hedge being taken down. It started to sprout again but the material she was using to kill it did not work well. Inspector Laverdure thought the weeds could be pulled and the trees trimmed in thirty days. Motion Based on the testimony and evidence presented in Case No. 02-917, Mr. Foot moved that this Board find, as a matter of fact and as a conclusion of law, that Barbara Watson is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1, inclusive, covering both weeds and trimming. Mr. Foot moved to order that the Respondent correct the violations on or before July 19, 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. Walsh seconded the motion that carried 6-0. Chair DeLiso stated that she had pled not guilty to the tree trimming issue. Inspector Laverdure stated there was no mention of trees, only overgrowth. Chair DeLiso asked Inspector Laverdure to go out to Ms. Watson's home on the day following the meeting and show Ms. Watson exactly what needed to be done. THE MEETING WAS RECESSED AT 8:55 P.M. AND RECONVENED AT 9:00 P.M. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (TABLED) Case #01-3506 Rigel & Nigel Kowlessar 2888 S. Seacrest Blvd. Inspector Laverdure reported that the property had originally been cited on December 31, 2001. A Code Compliance Board hearing was held on April 17, 2002 and Respondents did not appear. A compliance date of May 15, 2002 was set or be fined $25:00 per day. The property is not yet in compliance. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Rigel Kowlessar, 2888 S. Seacrest Boulevard, Boynton Beach, stated that they had appeared but on the wrong date. He was advised his case was not on the agenda and that he could not speak. Mr. Kowlessar stated that there were trucks on his yard and that he could not put sod down while they were there. InSpector Laverdure said this was part of the water maintenance program but that it did not have anything to do with the issue at hand. Mr. Kowlessar said it had to do with the lawn. Mr. Kowlessar showed the Board pictures of the condition of his lawn. Chair DeLiso asked him if he had done everything except the swale. He stated that the City had to do the swale because they were digging up the swale, putting down pipes, and parking trucks there. Inspector Laverdure showed the Board the locations that reflected the violation. After seeing the pictures, Chair DeLiso advised Mr. Kowlessar that he could not park on the grass. Mr. Kowlessar responded that he could not afford to put in a driveway. He wanted to know if he could put mulch down. Chair DeLiso stated that this would not be acceptable. Mr. Kowlessar stated he had gotten tickets because his driveway was not long enough to accommodate two vehicles, and one of them goes over the walkway. Chair DeLiso stated that this was the problem. Chair DeLiso stated he would have to find another home for the two vehicles. Mr. Kowlessar stated he had purchased the home so he would have a space to park his vehicles. Chair DeLiso said that Mr. Kowlessar's options were to have the Board certify the fine and put a lien against his property or to move the vehicles and plant grass. Mr. Kowlessar asked for two months to get the grass started. Chair DeLiso asked how long the situation had gone on. Inspector Laverdure stated that it had been going on since December of 2001 and that while the yard might look green, it was nothing but weeds. The City would !ike to see it resolved since it was on Seacrest Boulevard in a highly Visible location, After discussion, the Board decided to offer Mr. Kowlessar thirty days to move the vehicles and plant the grass, reminding him that if he came back in thirty days and the vehicles were not moved and the grass not started, that they would certify the fine and proceed accordingly. Motion Mr. Foot moved that Case No. 01-3506 be tabled until the Code Compliance Board meeting to be held on July 17, 2002. Mr. Walsh seconded the motion that carried 6-0. (Tom Walsh left the meeting at 9:10 p.m.) Case #01-2765 William Taylor 221 S.W. 4th Street Inspector Laverdure stated that the violation had originally been given on October 19, 2001. A Code Compliance Board hearing was held on January 16, 2002 and the Respondent appeared. A compliance date of March 18, 2002 was set or be fined $25.00 per day. The property complied June 13, 2002. The City recommended no fine. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 William Taylor, 221 S.W. 4th Street, Boynton Beach, explained that he had put a fence up around the property with gates and he had not asked for enough time to accomplish the task. Inspector Laverdure stated that Inspector Lewis, who was out of town, indicated that Mr. Taylor needed the extra time in order to get all the permits that were required and that the City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 01-2765, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, William Taylor, was 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 January 16, 2002. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine. Ms. Zibelli seconded the motion that carried 5-0. Case #01-1874 Joseph Vitay & Marie Wright 426 N.W. 8th Avenue Inspector Webb related that this property had been cited 23 times. The original date of the violation was July 26, 2001. A Code Compliance Board hearing was held on October 17, 2001 and Respondents did not appear. A compliance date of November 19, 2001 was set or be fined $25.00 per day. The property is not yet in compliance. Marie Wright, 426 N.W, 8th Avenue, Boynton Beach, pled no contest. Mr. Tolces explained that the Board had already decided that they were in violation and imposed a fine on their property. At this time, they were deciding whether or not to place a lien on their property. Ms. Wright stated that she cleaned up what she had to clean up. Inspector Webb asked Inspector Pierre to translate and explain what was needed to Ms. Wdght. Ms. Wdght said she only has a part time job and her yard is very big. She asked for at least 90 days. She was unaware that she needed to put grass on the sides of the property. She also stated that the back yard was too much for her. She had new grass in her front yard. Chair DeLiso suggested that she apply to the Community Redevelopment Division for assistance. Chair DeLiso asked Inspector Pierre to tell Ms. Wright what had to be done. Motion Mr. Foot moved to table Case 01-1874 until the Code Compliance Board Meeting to be held on August 21, 2002. Mr. Rafkin seconded the motion that carried 5-0. Case #01-3453 Walter Kendrick 222 N.E. 13th Avenue Inspector Webb reported that this property had originally been cited on December 19, 2001. Respondent did not appear at a Code Compliance Board hearing on April 17, 2002. A compliance date of May 17, 2002 was set or be fined $25.00 per day. The property was not yet in compliance. Eva Kendrick, 181 N.E. 19th Avenue, Boynton Beach, stated that she would get it taken care of when the occupant moves out and asked for 90 days. Chair DeLiso stated 17 Meeting Minutes Code COmpliance Board Boynton Beach, Florida June 19, 2002 that once she evicted the tenant, the occupational license issue would go away. She was waiting for the property to be put in her name before she could get the proper permits. The City agreed that 90 days would be appropriate. Mr. Foot advised Ms, Kendrick that the fine would continue to accrue at $25i00 per day and she understood. MOtion Mr. Foot moVed that Case No. 01-3453 be tabled until the Code Compliance Board meeting to be held on SePtember 18, 2002. Ms. Costantino seconded the motion that carried 5,0. Case #01-986 LYndia Matthews 516 N.W. 3rd Street The Recording Secretary administered the oath to Ms. Matthews. Inspector Webb reported that the violation date was May 1, 2001. A Code Compliance Board hearing was held on June 20, 2001 and Ms. Matthews appeared. A compliance date of August 13, 2001 was set or be fined $25.00 per day. The property is not yet in compliance. Lyndia Matthews, 516 N.W. 3rd Street, Boynton Beach, stated that she had begun painting the house but could not finish due to the rain. She did not start earlier because she did not have the funds to do so. Ms. Matthews said that weather permitting, she should be able to finish painting the house in 30 days. Mr. Foot suggested that if she finished painting eadier than 30 days, that she should contact the Code Compliance Department right away, since the fine was accruing. Motion Mr. Foot moved that Case No. 01-986 be tabled until the Code Compliance Board meeting of JUly 17, 2002. Ms. Costantino seconded the motion that carried 5-0. CASES TO BE HEARD Case #02-289 Property Address: Violation(s): Crystal L. Simpson 3201 N. Seacrest Boulevard Chapter 15, Article IX-15-120 (D) 1, Inc. Sod/grass yard and swale areas or water and de-weed, fertilize Inspector LaVerdure asked that the case be tabled for 90 days at the request of Ms. Octavia Sherrod of the Community Redevelopment Division. Motion Mr. Foot moved that Case No. 02-289 be tabled until the Code Compliance Board meeting to be held on September 18, 2002. Ms. Costantino seconded the motion that carried 5-0. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Case #01-3278 Property Address: Violation(s): Jose & Lucia Teixeira 134 S.W. 10th Avenue Chapter 15, Article IX-15- 120(D). Inc; 10-52 B.B.C. of Ord. Remove all inoperative vehicles, trash and debris from property. Inspector Laverdure said that the City recommended ten days. Motion Based on the testimony and evidence presented in Case No. 01-3278, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Jose and Lucia Teixeira are in violation of City of Boynton Beach Code Sections Chapter 15, Article I×- 15-120 (D). Inc. and 10-52. Mr. Foot moved to order that the Respondents correct the violations on or before June 29, 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 5-0. Case #02-280 Property Address: Violation(s): Braulio Castillo 3200 Orange Street Chapter 15, Article IX-15-120 (D) 1, Inc. Mow and de-weed and fertilize yard to have grass in yard Inspector Laverdure said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-280, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Braulio Castillo is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX-15-120 (D) 1, Inc. Mr. Foot moved to order that the Respondent correct the violation on or before July 19, 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 5-0. Case #02-655 Property Address: Violation(s): Lucio & Marian V. Garcia 3245 E. Palm Drive Chapter 15, Article IX-15-120 (D) 1, Inc. Grass swale area and all bare spots in yard Inspector Laverdure said that the City recommended 30 days. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Motion Based on the testimony and evidence presented in Case No. 02-655, Ms. Zibelli moved that this Board find, as a matter of fact, and as a conclusion of law, that Lucio & Marian V. Garcia are in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX-15-120 (D) 1, Inc. Ms. Zibelli moved to order that the Respondents correct the violation on or before July 19, 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 5-0. Case #02-818 Property Address: Violation(s): Wayne W. Ouellette 3341 Ocean Parkway Chapter 15, Article IX-15-120 (D)I ,I nc. Mow and de-weed and fertilize and water yard. Trim overgrowth and trees and hedge in front and back yard. Remove trash and debris. Inspector Laverdure said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-818, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Wayne W. Ouellette is in violation of City of Boynton Beach Code Section Chapter 15, Article IX- 15-120 (D) 1, Inc. Ms. Costantino moved to order that the Respondent correct the violation on or before July 19, 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 5-0. Case #02-823 Property Address: Violation(s): Anthony & Linda Giovinazzo 3260 Orange Street Chapter 15, Article IX-15-120 (D) 1, Inc. Fertilize and water grass in yard and swale; remove storage from carport. Inspector Laverdure said that the City recommended 30 days. Motion BaSed on the testimony and evidence presented in Case No. 02-823, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Anthony & Linda Giovinazzo are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1, Inc. Ms. Costantino moved to order that the Respondents correct the violation on or before July 19, 2002. If the Respondents do not comply with this 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 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 5-0. Case #02-910 Property Address: Violation(s): Joseph B, & Marie Estella 128 S. Atlantic Drive West Chapter 15, Article IX-15-120 (D) 1, Inc.; 20-6, B,B.C. of Ord. Register all unregistered vehicles. Boat trailer must be registered and moved to a hard surface in driveway or on side of house past overhang, Inspector Laverdure said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-910, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Joseph B. & Marie Estella are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1, Inc. Ms. Costantino moved to order that the Respondents correct the violation on or before July 19, 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 5-0. Case #02-964 Property Address: Violation(s): David & Marcia Freeman 3255 E. Palm Drive Chapter 15, Article IX-15-120 (D) 1, Inc. Water, fertilize, and de-weed yard and swale area. Re place any grass that is missing. Inspector Laverdure said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-964, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that David & Marcia Freeman are in violation of City of Boynton Beach Code Section Chapter 15, Article IX- 15-120 (D) 1, Inc. Mr. Foot moved to order that the Respondents correct the violation on or before July 19, 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 5-0. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 Case #02-1029 Property Address: Violation(s): Frederick S. Ross 151 S. Atlantic Drive Chapter 15, Article IX-15- 120 (D) 1, Inc. Install grass in yard and swale in all bare spots. Inspector Laverdure said that the City recommended 30 days. Based on the testimony and evidence presented in Case No. 02-1029, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Frederick S. Ross is in violation of City of Boynton Beach Code Section Chapter 15, ArticleIX-15-120 (D) 1, Inc. Mr. Foot moved to order that the Respondent correct the violation on or before July 19, 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 5-0. Case #01-3385 Property Address: Violation(s): Neville Allison & Lisa Taylor 2320 N.W. 1st Street Chapter 15, Article IX-120 (D). Inc. Unlicensed and inoperable vehicle not allowed on residential property. Install sod in the dead areas of yard and swale an d remove the basketball goal in front of the property. Inspector Guillaume said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3385, Ms. Zibeili moved that this Board find, as a matter of fact, and as a conclusion of law, that Neville Allison & Lisa Taylor are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-120 (D). Inc. Ms. Zibelli moved to order that the Respondents correct the violation on or before July 19, 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 5-0. Case #02-475 Property Address: Violation(s): City Mortgage, Inc. 2891 N.E. 5th Court Part 3, LDR.Ch20-VlII.Sec 1.G. Unsecured, vacant house. Secure all doors an d windows to prevent unauthorized entry & vandalism. 22 Meeting Minutes '~ - Code Compliance Board Boynton Beach, Florida June 19, 2002 Inspector Guillaume said that the City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 02-475, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that City Mortgage, Inc. is in violation of City of Boynton Beach Code Section Part 3, LDR, Chapter 20- VIII.Sec. 1.G. Mr. Foot moved to order that the Respondents correct the violation on or before June 29, 2002. if the Respondents do not comply with this Order, a fine in the amount of $50.00 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 5-0. Case #02-1230 Property Address: Violation(s): Eric C. Stevens 151 Ocean Parkway Chapter 15, Article IX-15- 120(D). lA and Chapter 15, Article IX-15-120 (E) 2C. Remove loose trash and debris. Replace all broken windows. Inspector Guillaume said the City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 02-1230, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Eric C. Stevens is in violation of Chapter 15, Article IX-15-120 (D). lA and Chapter 15, Article IX-15-120(E)2C. Ms. Costantino moved to order that the Respondent correct the violations on or before June 29, 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 re~nspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 5-0. Case #02-757 Property Address: Violation(s): Ronald Williams 2410 N.E. 3rd Street 13-16 B.B.C. of Ord; Chapter 15, Article IX-15-120 (D). Inc. Occupational license required to rent house. De-weed yard and install sod on dead or bare spots. Inspector Guilllaume said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-757, Ms. Zibelli moved that this Board find, as a matter of fact, and as a conclusion of law, that Ronald Williams is in violation of City of Boynton Beach Code Sections 13-16; Chapter 15, Article IX-15- 120D. Inc. Ms. Zibelli moved to order that the Respondent correct the violations on or 23 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida June 19, 2002 before July 19, 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 5-0. Case #02,790 Property Address: Violation(s): Ronald Williams 2612 N.E. 3rd Court 10-2 B.B.C. of Ord; Chapter 15, Article IX-15-120 (D). Inc. Install sod in yard. Clean property. Remove all trash and debris. Unregistered vehicle, furniture, and appliances must be moved from carport. Inspector Guillaume said that the City recommended 30 days. Mr. Foot believed that Mr. Williams was a repeat violator considering the motion heard just prior to this one. Motion Based on the testimony and evidence presented in Case No. 02-790, Ms. Zibelli moved that this Board find, as a matter of fact, and as a conclusion of law, that Ronald Williams is in violation of City of Boynton Beach Code Sections 10-2; Chapter 15, Article IX-15- 120 (D). Inc. Ms. Zibelli moved to order that the Respondent correct the violations on or before July 19, 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 5-0. Case #02-758 Property Address: Violation(s): Michael J. Watts 2422 N.E. 3rd Street 10-52(A) B.B.C. of Ord; Chapter 15, Article IX-15-120 (D). Inc. De-weed yard and install sod. Remove all unlicensed vehicles and auto parts from property. De- weed and define driveway. Inspector Guillaume stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-758, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Michael J. Watts is in violation of City of Boynton Beach Code Sections 10-51 (A); Chapter 15, Article IX- 15-120 (D). Inc. Mr. Foot moved to order that the Respondent correct the violations on or before July 19, 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 24 Meeting Minutes ..... Code Compliance Board Boynton Beach, Florida June 19, 2002 arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 5-0. Case #01-840 Property Address: Violation(s): Mata Chorwade, Inc. 2821 S, Federal Highway Part 3, LDR, Chapter 4, Section 11. Restore property to comply with approved site plan. Replace any missing or dead trees or shrubs. Repair any asphalt and re-stripe where needed. Inspector Roy stated that the City recommended 60 days. Mr. Foot was assured that the dead trees did not present a hurricane hazard. Motion Based on the testimony and evidence pn that this Board find, as a matter of fact, an Inc. is in violation of City of Boynton Be Section 11. Mr. Foot moved that the R~ August 18, 2002. If the Respondent dc amount of $25.00 per day plus Administral is further ordered to contact the City of arrange for reinspection of the propert Costantino seconded the motion th at carri ;sented in Case No. 01-840, Mr. Foot moved as a conclusion of law, that Mata Chorwade, ach Code Sections Part 3, LDR, Chapter 4, ,~spondent correct the violation on or before es not comply with this Order, a fine in the ive Costs shall be imposed. The Respondent ~oynton Beach Code Compliance Division to ' to verify compliance with this Order. Ms. ;d 5--01 Case #02-230 Property Address: Violation(s): Townhou ses of Golfview Harbor 1416 Oxford Lane SBC, 1997 Edition 104.1.1 Permit required for wall repair Inspector Roy said that the City recommended 30 days. Motion Based on the testimony and evidence pr( that this Board find, as a matter of fact, ar Golfview Harbor are in violation of City ( Edition 104.1.1. Mr. Foot moved to order or before July 19, 2002. If the Responder amount of $25.00 per day plus Administra! are further ordered to contact the City of arrange for reinspection of the propert~ Costantino seconded the motion that carril ~sented in Case No. 02-230, Mr. Foot moved d as a conclusion of law, that Townhouses of ,f Boynton Beach Code Sections SBC, 1997 that the Respondents correct the violation on ,ts do not comply with this Order, a fine in the ive Costs shall be imposed. The Respondents Boynton Beach Code Compliance Division to to verify compliance with this Order. Ms. ,d 5-0. Case #02-547 Property Address: Patrick M. Donahue & Larry Turner 124 S.E. 29t" Avenue 25 Meeting Minutes 'J Code Compliance Board Boynton Beach, Florida June 19, 2002 Violation(s): Chapter 15, Article IX-15- 120(D) Inc. Clean pool. Cut overgrowth in rear. Sod required in bare spots of yard. Remove trashcan out of sight after pickup. Inspector Roy said that the City recommended 30 days. Ms. Costantino was assured that the pool was secure. Motion Based on the testimony and evidence presented in Case No. 02-547, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Patrick M. Donahue and Larry Turner are in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc. Mr. Foot moved to order that the Respondents correct the violations on or before July 19, 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 5-0. Case #02-672 Pro perty Address: Violation(s): Michael C. Kirk 519 S.E. 21st Avenue Chapter 15, Article IX-15- 120(D).lnc. Trim all overgrowth. De-weed, fertilize and water lawn to create a uniform green appearance. Inspector Roy stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-672, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Michael C. Kirk is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15- 120 (D) Inc. Ms. Costantino moved to order that the Respondent correct the violation on or before July 19, 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 5-0. Case #02-769 Property Address: Violation(s): William S. & Sonia S. Allen 2581 S.W. 10m Court Chapter 15, Article IX-15- 120(D). lA Remove inoperable unlicensed vehicle from rear of property. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Inspector Roy stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-769, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of raw, that William S. & Sonia S. Allen are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D). lA. Mr. Foot moved to order that.the Respondents correct the violation on or before July 19, 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 5-0. Case #02-889 Property Address: Violation(s): John & Dawn Mlodzianowski 3615 S. Lake Drive 10-3 B.B.C. of Ord; Ch15-Art. IX-15-20 (D). Inc. Repai:r roof; replace all rotted wood; cut all overgrowth; clean all debris; sod areas void of grass; remove dead pine tree as it is a hurricane hazard. Inspector Roy stated that the City recommended 30 days. Mr. Foot was assured that the hurricane hazard had been removed. Motion Based on the testimony and evidence presented in Case No. 02-889, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that John & Dawn Mlodzianowski are in violation of City of Boynton Beach Code Sections 10-3, Chapter 15, Article IX-15-120 (D). Inc. Mr. Foot moved to order that the Respondents correct the violations on or before July 19, 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 5-0. Case # 02-959 Property Address: Violation(s): Edward Miller Sr. & Muriel Williams 710 N.E. 1st Street Chapter 15, Article IX-15-120 (D). Inc. Remove all u nregistered/inoperative vehicles in the back, including the debris. Inspector Pierre said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-959, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Edward 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 Miller, Sr. & Muriel Williams are in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D). Inc. Ms. Costantino moved to order that the Respondents correct the violation on or before July 19, 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 5-0. Case #02-1087 Property Add ress: Violations: David A. Kislak, Owner, 515 N.W. 8th Ave. See list below Violations at 5t9, 535, 539, and 543 N.W. 8th Avenue; de-weed and sod yards. Inspector Pierre said that the City recommended 60 days. Mr. Foot inquired whether there would still be a violation if all the yards were not cleaned up and Inspector Pierre declared that this was so. Motion Based on the testimony and evidence presented in Case No. 02-1087, Mr. Rafkin moved that this Board find, as a matter of fact, and as a conclusion of law, that David Kislak is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D). inc. Mr. Rat'kin moved to order that the Respondent correct the violations on or before August 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. Mr. Foot seconded the motion that carried 5-0. Case #02-1091 property Address: Violation(s): David A. & Jane P. Kislak Trs 527 N.W. 8~' Avenue Chapter 15, Article IX-15-120 (D).lnc. De-weed and sod yard. Inspector Pierre stated that the City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 02-1091, Ms. Zibelli moved that this Board find, as a matter of fact, and as a conclusion of law, that David A. Kislak & Jane Kislak Trs are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D). Inc. Ms. Zibelli moved to order that the Respondents correct the violations on or before August 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carded 5-0. Case # 01-1608 Property Address: Kailash C. Hand 1950 N.E. 2nd Lane 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 Violation(s): Chapter 15, Article IX-15-120 (D). Inc.; 13- 16 B.B.C. of Ord. Mow grass, weeds, and trim; install grass and repair driveway apron; obtain a single-family rental occupational license. Inspector Melillo said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-1608, Ms. Zibelli moved that this Board find, as a matter of fact, and as a conclusion of law, that Kailash C. Hand is in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D). Inc. and Section 13-16. Ms. Zibelli moved to order that the Respondent correct the violation on or before July 19, 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 5-0. Case #01-2120 Property Address: Violation(s): Gregory D. Sponburgh 2132 N.E. 3rd Street Chapter 15, Article IX-15-120 (D).lnc. Remove dirt pile in swale. Remove all outside storage and trash and debris. Inspector Melillo said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2120, Mr. Rafkin moved that this Board find, as a matter of fact, and as a conclusion of law, that Gregory D. Sponburgh is in violation of City of Boynton Beach Code Section Chapter 15, Article IX- 15-120 (D). Inc. Mr. Rafkin moved to order that the Respondent correct the violation on or before July 19, 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 5-0. Case #01-2121 Pro perty Address: Violation(s): Richard K. & Sherri L. Guthrie 2126 N.E. 3rd Street Chapter 15, Article IX-15-120 (D). Inc. Remove all loose items from yard; install grass; remove all car parts and outside storage from carport and yard; define driveway. Inspector Melillo said that the City recommended 90 days. 29 Meeting Minutes ~- Code Compliance Board Boynton Beach, Florida June 19, 2002 Motion Based on the testimony and evidence presented in Case No. 01-2121, Mr. Rafkin moved that this Board find, as a matter of fact, and as a conclusion of law, that Richard K. & Sherd L. Guthrie are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D). Inc. Mr. Rafkin moved to order that the Respondents correct the violations on or before September 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 5-0. Case #02-845 Property Address: Violation(s): Joseph & Joceline C. Jean 1790 N. Seacrest Boulevard Chapter 15, Article IX-15-120 (D). Inc. Install grass in yard. Inspector Melillo stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-845, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Joseph & Joceline C. Jean are 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 July 19, 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 5-0. Case #02-851 Property Address: Violation(s): Darvin L. Russell 1920 N. Seacrest Boulevard 14-3 B.B.C. of Ord; Ch15-Art. IX-15-120 (D) Inc. Remove truck over one ton from residential zone. Install grass in yard. Inspector Melillo stated that the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 02-851, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Darvin L. Russell is in violation of City of Boynton Beach Code Sections 14-3; Chapter 15, Article IX-15- 120 (D). Inc. Mr. Foot moved to order that the Respondent correct the violation on or before July 4, 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 5-0. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 Case #02-953 Property Address: Violation(s): Earnestine Waters 160 N.E. 19th Avenue Chapter 15, Article IX-15-120 (D) Inc. Remove all trash and debris; remove or register blue Toyota van; Remove old rugs along driveway. Install grass in yard and swale. Inspector Melillo stated that the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 02-953, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Earnestine Waters is in violation of City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc. Ms. Costantino moved to order that the Respondent correct the violation on or before July 4, 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 5-0. Case #01-2248 Property Address: Violation(s): CNL Income Fund XIV Ltd. Tenant (Checkers) 755 W. Boynton Beach Boulevard PT3-LDR, Chapter 4, Section 11 Repair or replace light pole at Checkers Restaurant Inspector Webb stated that the City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 01-2248, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that CNL Income Fund XIV Ltd. (Checkers) is in violation of City of Boynton Beach Code Section Part 3, LDR, Chapter 4, Section 11. Mr. Foot moved to order that the Respondents correct the violation on or before August 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be ~mposed. 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 5-0. Case #01-2611 Property Address: Violation(s): CNL Income Fund XlV Ltd. (Checkers) 755 W. Boynton Beach Boulevard PT3-LDR. Chapter 4, Section 11. Restore property back to original site plan (Replace all dead plants and trees and sod all dead areas.) Inspector Webb stated that the City recommended 60 days. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Motion Based on the testimony and evidence presented in Case No. 01-2611, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that CNL Income Fund XIV Ltd. (Checkers) is in violation of City of Boynton Beach Code Section PT3- LDR, Chapter 4, Section 11. Mr. Foot moved to order that the Respondents correct the violation on or before August 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 5-0. Case #01-2530 Property Address: Violation(s): Elizabeth Correa 506 N.W. 8th Court SBC'97 Ed. 104.1.1; SBC '97 Ed. 105.6 Carport enclosure requires a building permit and insPections. Inspector Webb stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-2530, Ms. Zibelli moved that this Board find, as a matter of fact, and as a conclusion of law that Elizabeth Correa is in violation of City of Boynton Beach Code Sections SBC 1997 Edition, 104.1.1 and 105.6. Ms. Zibelli moved to order that the Respondent correct the violation on or before July 19, 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 5-0. Case #02-691 Property Address: Violation(s): Gerald Lawless & Fred Padavano 627 N.E. 6th Avenue 13-16 B.B.C. of Ord; Ch15-Art. IX-15- 120 (D) 1.E & 1.H Renew occupational license. Trim all bushes and trees. Mow tall weeds in rear yard. Inspector Webb stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-691, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Gerald Lawless & Fred Padavano are in violation of City of Boynton Beach Code Section 13-16; Chapter 15, Article IX-15-120 (D) 1.E & 1.H. Mr. Foot moved to order that the Respondents correct the violation on or before July 19, 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 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 5-0. Case #02-785 Proper Address: Violation(s): Motiva Enterprises 301 N. COngress Avenue CH15-Art. IX-15-120 (D) 1 .Inc. Re-sod islands on Congress Avenue and Boynton Beach Boulevard; trim hedges; remove all loose trash. Inspector Webb stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-785, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Motiva Enterprises are in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1.1nc. Ms. Costantino moved to order that the Respondents correct the violation onor before July 19, 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 that carried 5-0. Case #02-787 Property Address: Violation(s): Eliza L. Albury 204 N.E. 13th Avenue Fac '01 Ed. 104.1.1; CH15-Art. IX-lS- 120(D), lA The canopy located on your propeRty has been determined by the Building Department to be a structure, must be permitted, and must meet setbacks, wind loads, product approval. Remove all trash and debris from propeRty. Inspector Webb said that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-787, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Eliza L. Albury is in violation of City of Boynton Beach Code Section FBC 2001 Ed. 104.1.1. Mr. Foot moved to order that the Respondent correct the violation on or before July 19, 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 5-0. 33 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida June 19,2002 Case #02-812 Property Address: Violation(s): Joseph Carl Henry 501 N.W. 13th Avenue 13-16 of B.B.C. of Ord; CH15-Art. IX-15- 120(D). lA & I.E Sod yard. Remove loose trash. An occupational license is required to rent house. Inspector Webb stated that the City recommended 30 days. Inspector Webb agreed to Mr. Foot's suggestion of 10 days on the trash and 30 days on the other violations. Motion Based on the testimony and evidence presented in Case No. 02-812, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Joseph Carl Henry is in violation of City of Boynton Beach Code Sections 13-16 B.B.C. of Ord; Chapter 15, Article 1×-15-120 (D). lA & I.E. Ms. Costantino moved to order that the Respondent correct the violation of the loose trash, Chapter 15, Article IX-15-120 (D). lA, on or before June 29, 2002 and all other violations, Chapter 15, Article IX-15-120D)l.E and 13-16, on or before July 19, 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 5-0. Case #02-859 Property Address: Violation(s): Daniel & Charlene Jordan 232 N.E. 12th Avenue FBC 2001 Edition 104.1.1 The canopy on property has been determined by the Building Department to be a structure and must be permitted and meet setbacks, wind loads, and product approval. Inspector Webb stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-859, Mr. Rafkin moved that this Board find, as a matter of fact, and as a conclusion of law, that Daniel & Charlene Jordan are in violation of City of Boynton Beach Code Section FBC 2001 Edition 104.1.1. Mr. Rafkin moved to order that the Respondents correct the violation on or before July 19, 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 5-0. Case #02-875 Property Address: Richard Jones 905 N. Seacrest Boulevard 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Violation(s): 10-2 B.B.C. of Ord; 10-3 B.B.C. of Ord; 15-16 B.B.C. of Ord.; PT3-LDR. CH20- VIII. Sec 1.G; PT3-LDR.CH20-VIII. Sec 2.A; CH15-ART IX-15-120(D)1 .E, I.H; C H15-ART IX-15-120(E)2A & 2C Overgrowth and/or debris; hurricane hazards; mandatOry building street numbers; unfit/unsecured building; general condition of structure; appearance/maintenance private property; appearance/maintenance exterior of building. Inspector Webb stated that the City recommended 30 days. Ms. Costantino asked about the hurricane hazards. Inspector Webb replied that furniture and old bicycles were in the yard and that the entire backyard was covered with articles. Mr. Foot asked if the building were secure and Inspector Webb replied that it was locked and no one had broken in. Motion Based on the testimony and evidence presented in Case No. 02-875, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Richard Jones is in violation of City of Boynton Beach Code Sections 10-2, 10-3 & 15-16; Part 3-LDR; Chapter 20-Viii. Section 1 .G & 2.A; Chapter 15, Article IX-15-120 (D) 1.E & 1.H; Chapter 15, Article IX-15-120 (E) 2A & 2C. Mr. Foot moved to order that the Respondent correct the hurricane hazards by June 29, 2002 and the rest of the violations by July 19, 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 5-0. LIEN PENALTY CERTIFICATIONS Inspector Roy stated that the City recommended certification at $50.00 per day of the following case. Case #02-722 Raymond & Linda-Murphy Torres 2850 Ocean Pkwy. Motion Based on the testimony and evidence presented in Case No. 02-722, and having considered the gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Raymond & Linda-Murphy Torres have violated this Board's prior Order of May 15, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Costantino seconded the motion that carried 5-0. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Inspector Roy stated that the City recommended certification at $25.00 per day for the following cases: Page 72 (Case #02-227), Christine Tetrick & Joseph Magnetico Page 73 (Case #01-2285), Joseph St. Elot & Charles Phillipe Page 77 (Case #02-492), Phillip Herman Page 80 (Case #02-372), Raymond Cedieu Page 81 (Case #02-286), Maurece Williams Page 84 (Case #02-046), Clint & Cynthia Miller Page 86 (Case #01-1643), Daniel Dodge Page 92 (Case #01-3128), James Mathis Page 94 (Case #02-265), Seashore Ind. Inc. Case #02227 Christine Tetrick & Joseph Magnetico 1010 Coral Court Motion Based on the testimony and evidence presented in Case No. 02-227, and having considered the gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Christine Tetrick & Joseph Magnetico have violated this Board's prior Order of March 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. Costantino seconded the motion that carried 5-0. Case #01-2285 Joseph St. Elot & Charles Phillipe 407 N.E. 2"d Street Motion Based on the testimony and evidence presented in Case No. 01-2285, and having considered the gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Joseph St. Elot & Charles Phillipe have violated this Board's prior Order of November 21, 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. Costantino seconded the motion that carried 5-0. Case #02-492 Phillip Herman 615 Arcadia Pt. Aurora, Oh 44202 34 Southport Lane F Motion Based on the testimony and evidence presented in Case No. 02-492, and having considered the gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Phillip Herman 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 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 until a judgment is entered based upon this certification of fine. Ms. Costantino seconded the motion that carried 5-0. Case #02-372 Raymond Cidieu 135 Flamingo Drive Motion Based on the testimony and evidence presented in Case No. 02-372, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all prewous violations committed by the Respondent, Mr. Foot moved that this Board find that Raymond Cidieu has violated this Board's prior Order of April 17, 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. Costantino seconded the motion that carried 5-0. Case #02286 Maurice Williams 944 York Street West Palm Beach, FI 33401 312 S.W. 9th Avenue Motion Based on the testimony and evidence presented in Case No. 02-286, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Maurice Williams has violated this Board's prior Order of April 17, 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. Costantino seconded the motion that carded 5-0. Case #02-046 Clint & Cynthia Miller 415 N.W, 8th Avenue Motion Based on the testimony and evidence presented in Case No. 02-046, and having considered the gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Clint & Cynthia Miller have violated this Board's prior Order of April 17, 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. Costantino seconded the motion that carried 5-0. Case #01-1643 Daniel Dodge 659 Manor Drive Motion Based on the testimony and evidence presented in Case No. 01-1643, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Daniel Dodge has violated this Board's prior Order of October 17, 2001, and this Board impose and certify a fine in the amount of $25.00 per day plus 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19, 2002 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. Costantino seconded the motion that carried 5-0. Case #0'1-3128 James Mathis 321 N.W. 2nd Street Motion Based on the testimony and evidence presented in Case No. 01-3128, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that James Mathis has violated this Board's prior Order of April 17, 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. Costantino seconded the motiOn that carried 5-0. Case #02-265 Seashore Ind. Inc. 513 N. Federal Highway Motion Based on the testimony and evidence presented in Case No. 02-265, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Seashore Ind., Inc. has violated this Board's prior Order of March 30, 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. Costantino seconded the motion that carried 5-0. The City recommended tabling Case No. 01-1450 until the September 18, 2002 Code Compliance Board meeting. Case #01-1450 Suau Enterprises, Inc. 2360 N. Federal Highway Motion Mr. Foot moved that Case No. 01-1450 be tabled until the Code Compliance Board meeting to be held on September 18, 2002. Ms. Costantino seconded the motion that carried 5-0. The City recommended tabling the following cases until the July 17, 2002 Code Compliance meeting: Page 69 (Case #01-3458), Jacob & Shellie Rus Page 70 (Case #01-1351 ), Brett Matchton Page 75 (Case #01-3378, William Taylor Page 89 (Case 01-2254), Town Tavern, Inc. Page 90 (Case #01-2599), Sarah King & Barbara Vickers 38 Meeting Minutes ~J Code Compliance Board Boynton Beach, Florida June 19,2002 Case #01-3458 Jacob & Shellie Rus 552 Sanctuary Point Jupiter, FI 33458 2751 N,E. 4th Street Motion Mr. Foot moved that Case No. 01-3458 be tabled until the Code Compliance Board meeting to be held on July 17, 2002. Ms. Costantino seconded the motion that carried 5-0. Case #01,1351 Brett Matchton 2788 S.W. 10th Street Motion Mr. Foot moved that Case No. 01-1351 be tabled until the Code Compliance Board meeting to be held on July 17, 2002. Ms. Costantino seconded the motion that carried 5-0. Case #01-3378 Paul & Mary Savage 2650 N,W. 1st Street Motion Mr. Foot moved that Case No. 01-3378 be tabled until the Code Compliance Board meeting to be held on July 17, 2002. Ms. Costantino seconded the motion that carried 5-0. Case #01-2599 Sarah King & Barbara Vickers 529 N.W. 13thAvenue Motion Mr. Foot moved that Case No. 01-2599 be tabled until the Code Compliance Board meeting to be held on July 17, 2002. Ms. Costantino seconded the motion that carried 5-0. Case #01-2254 Town Tavern, Inc. 512 N. Federal Hwy. Motion Mr, Foot moved that Case No. 01-2254 be tabled until the Code Compliance Board meeting to be held on July 17, 2002. Ms. Costantino seconded the motion that carried 5-0. FINE CERTIFICATIONS (Violations Brought into Compliance Prior to Meeting but Subsequent to Order Date) The City reported that the following cases had complied and the City recommended no fine or administrative costs. Page 74, (Case #01-3350), Aparicio & Gloria Giron Page 79, (Case #02-310), Clarence DeWitt Page 82, (Case #02-406), Lyn Carreras & Glenn Rorro Page 83, (Case #02-3545), Richard Parsons 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Page 88, (Case #01-2163), Mapp Lawton Page 91, (Case #01-2600), Carolyn Allen Est. Case #01-3350 Aparicio & Gloria Giron 2670 N.W. 1st Street Motion Based on the testimony ~nd evidence presented in Case No. 01-3350, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Aparicio & Gloria Giron, were in violation of Code Section Chapter 15, Article IX-15-120 (D) 1 Inc. subsequent to the date of compliance specified in this Board's Order of March 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 no fine or administrative costs. Motion seconded by Ms. Costantino and carried 5-0. Case #02-310 Clarence DeWitt 118 Arthur Court Motion Based on the testimony and evidence presented in Case No. 02-310, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Clarence DeWitt, was in wolation of Code Section Chapter 15, Article IX-15-120 (D) 1 A. 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 Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Costantino and carried 5-0. Case #02406 Lyn Carreras & Glenn Rorro 215 S.W. 1st Avenue Motion Based on the testimony and evidence presented in Case No. 02-406, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Lyn Carreras & Glenn Rorro, were in violation of Code Section Chapter 15, Article IX-15-120 (D) 1 Inc.; Part 3, LDR, Chapter 20-VIII Section 1G & 2A subsequent to the date of compliance specified in this Board's Order of March 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 no fine or administrative costs. Motion seconded by Ms. Costantino and carried 5-0. Case #02-3545 Richard Parsons 458 S.W. 3"d Avenue Motion E~ased on the testimony and evidence presented in Case No. 02-3545, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Richard Parsons, was in violation of Code Section Chapter 15, Article IX-15-120 (D) Inc. & (E) 2.A. subsequent to the date of compliance specified in this Board's Order of March 20, 2002. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Costantino and carried 5-0. 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 19,2002 Case #01-2163 Mapp Lawton 407 N.W. 1st Street Motion Based on the testimony and evidence presented in Case No. 01-2163, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Mapp Lawton, was in violation of Code Section Chapter 15, Article IX-15-120 (D) 1 Inc. subsequent to the date of compliance specified in this Board's Order of October 17, 2001. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Costantino and carried 5-0. Case #01-2600 Carolyn Allen Est. 525 N.W. 12mAvenue Motion Based on the testimony and evidence presented in Case No. 01-2600, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Carolyn Allen Est., was in violation of Code Section 10-2 & Section 10-3, of the Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of November 21, 2002. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Costantino and carried 5-0. FORECLOSURES Motion Mr. Foot moved to authorize the City Attorney to proceed on foreclosures as listed below. Ms. Costantino seconded the motion that carried 5-0. Mata Chorwadi, Inc. A. Coleman, Jr. Case #01-2329 Case #01-2090 VII. ADJOURNMENT Since there was no further business before the Board, the meeting was duly adjourned at 10:00 p.m. Respectfully submitted, Susan Collins Recording Secretary (two tapes) (0620O2) 41