Minutes 05-23-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON THURSDAY, MAY 23, 2002 AT 3:00 P.M.
Present
James Miriana
Thomas Walsh
Dee Zibelli, Acting Chair
Dave Rafkin, Alternate
Absent
Chris DeLiso, Chairman
Patti Hammer, Vice Chairman
Bob Foot
Enrico Rossi
Michele Costantino, Alternate
CALL TO ORDER
David Tolces, Assistant City Attorney
Scott Blasie, Code Compliance
Administrator
In the absence of the Chairman and Vice Chairman, Dee Zibelli served as Acting
Chair. The meeting was called to order at 3:05 p.m. Assistant City Attorney
Tolces stated that a quorum was present.
Mr. Miriana seconded the motion that
II. APPROVAL OF MINUTES
None
III. AGENDA APPROVAL
Motion
Mr. Walsh moved to accept the agenda.
carried unanimously.
IV. SWEARING IN OF WITNESSES AND INTRODUCTION
The Recording Secretary administered the oath to the respondent.
Assistant City Attorney Tolces informed the respondent, Ernest Kitching, that he
filed a petition to reduce the lien in Case #00-209. In order to reduce a lien, an
affirmative vote of the majority of the full Board is required, which is seven
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
May 24, 2002
members. Assistant City Attorney Tolces informed the respondent that all four
Board members would have to agree on the motion; therefore, he had the dght to
have the hearing continued until next month when more Board members would
be present. Mr. Kitching agreed to proceed.
V. OLD BUSINESS
A. LIEN REDUCTIONS
Case #00-209
Ernest Kitching
1106 SE 1st Street
Mr. Blasie reported that the Inspector of record was Skip Lewis. The case was
originally cited on January 28, 2000 for violation of the Community Appearance
Code, which was outside storage of equipment in the City right-of-way and
unscreened storage. The case came before the Board on April 19, 2000 and no
one appeared. Service was accomplished by certified mail. A compliance date of
May 15, 2002 was set or be fined $25.00 per day. The property complied on
October 19, 2000 for 156 days of non-compliance. The Board certified the fine
on June 21,2002 for $3,900, plus administrative costs of $634.12.
Mr. Blasie said that he had previously presented photographs to the respondent
and he agreed that they were photos of his property. The Photographs presented
were "before and after" photos of the property. The photos taken by Mr. Blasie on
May 2, 2002 show the changes that were made to the property. The property is
zoned M-I, which is industrial in nature, and it is not uncommon that exterior
storage is present. SE 1st Street dead ends at the railroad tracks and
businesses have used the dead ends for additional storage. The respondent has
removed all the equipment and placed screening on the fence to screen the
storage from the public.
Ernest Kitching stated that he is the owner of the property at 1106 SE 1st Street.
He was uncertain why it took him so long to clean the property and attributed it to
either laziness or lack of communication on his part with the City. He also stated
a lot of the storage belonged to his son and it took him time to get him to remove
it. He intends to keep the property up and not incur this type of situation again.
Mr. Midana pointed out that the respondent did not appear before the Board
when the property was first cited and if he had appeared, the Board would give
him more favorable consideration. Mr. Kitching stated that this was attributable
to lack of communication on his part.
Members acknowledged that the property is now clean and looks good. Mr.
Miriana recommended assessing only the administrative costs in the case.
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
May 24, 2002
Motion
Based on the testimony and evidence presented in Case No. 00-209, and having
been advised that the Respondent has complied with all lien reduction
procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach
Code of Ordinances, Mr. Miriana moved that this Board reduce the fines
instituted in Case No. 00-209, by virtue of this Board's Order of April 19, 2000, to
$634.12, which includes administrative costs. Motion seconded by Mr. Walsh and
unanimously carried.
VI. ADJOURNMENT
There being no further business, the meeting properly adjourned at 3:15 p.m.
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(one tape)
(May 24, 2002)
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