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Minutes 04-17-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, APRIL 17,2002, AT 7:00 P. M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chair James Miriana Enrico Rossi Dee Zibelli Michele Costantino, Alternate Dave Rafkin, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Inspectors: Courtney Cain Luney Guillaume Richard Laverdure Skip Lewis Mike Melillo Vestigueme Pierre Pete Roy Willie Webb Absent Bob Foot Tom Walsh I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:00 p.m. II. APPROVAL OF MINUTES (March 20, 2002) Motion Vice Chair Hammer moved to approve the minutes. Motion seconded by Mr. Miriana and unanimously carried. Chairman DeLiso introduced the two new Board Alternates, Ms. Michele Costantino and Dr. Dave Rafkin and noted that Mr. Rossi has been re-appointed to the Board. III. APPROVALOFAGENDA Inspector Melillo requested that the following changes be made to the agenda: B. C. D. E. Page 5 (Case #01-2974), West Boynton Farms, Inc., removed Page 6 (Case #01-1762), Donna Black, removed Page 8 (Case #01-2907), Alejandro Molina, removed Page 12 (Case #02-277), Gary Whepley, complied Page 15 (Case #01-2981 ), Solomon Mack, complied Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 G. H. I. J. K. L. M. Page 19 (Case ¢02-331), Syderia Williams & Leon White, complied Page 21 (CaSe ¢01-2952), Ronald Brito & Jerry Rendina, removed Page 22 (Case ¢01-3376), Francis Leichman Corp., removed Page 24 (CaSe ¢01-3385), Neville Allison & Lisa Taylor, removed Page 27 (Case ¢02-475), CitiMortgage, Inc., removed Page 29 (Case ¢02-068), Peter Folsom, complied Page 30 (Case ¢02-120), Carder Peebles, removed Page 35 (Case ¢00-3285), Fraternal Order of Eagles, complied Motion Vice Chair Hammer moved to approve the agenda, as amended. seconded by Ms. Zibelli and unanimously carried. Motion Inspector Melillo stated that Page 26 (Case ¢02-451 ) has been removed. Motion Vice Chair Hammer moved to further amend the agenda. Motion seconded by Ms. Zibelli and unanimously carried. Inspector Melillo stated that Page 18 (Case ¢02-089) has also been removed. Motion Vice Chair Hammer further amended her motion, which was seconded by Ms. Zibelli and unanimously carried. Inspector Lewis requested that Page 34 (Case ¢02-542) also be removed. Motion Vice Chair Hammer further amended her motion, which was seconded by Ms. Zibelli and unanimously carried. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Inspector Melillo called the roll. Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying. Chairman DeLiso explained the plea system to the audience. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 V. NEW BUSINESS A. CASES TO BE HEARD Case #02-050 Property Address: Violation: Yves-Marie Hubert, Tr. 725 N. Federal Highway SBC '97 Edition 104.1.1 and 104.7.5; Permit application #01-216. Permits required. Work commenced prior to issuance of permit. See copy of "red tag" dated January 4, 2002. Inspector Pierre stated the case was originally cited on January 8, 2002. Mr. Yves-Marie Hubert, 725 N. Federal Highway, Boynton Beach, pled no contest. He stated that he has a variance application meeting on April 8, 2002 and asked the Board to postpone the case until that meeting is held. Inspector Pierre stated that the respondent was cited for an 8' fence, and the Code only allows a 6' fence. Mr. Hubert said he needs the higher fence for security purposes and has planted bushes to hide the fence. Chairman DeLiso inquired if the respondent would be able to receive a variance and Mr. Blasie stated he was not certain. Mr. Blasie suggested giving the respondent 30 days and requested that he attend the next meeting to give an update on his variance application. Motion Mr. Miriana moved that Case #02-050 be tabled until the Code Compliance Board meeting to be held on June 19, 2002. Motion seconded by Vice Chair Hammer and unanimously carried. Case #02-648 Property Address: Violation: Donald Tracey 646 Lakeside Harbor SBC '97 ED 105.5 and 104.6.1. All construction dust, dirt, water debris must be maintained on your property. Reoccurring violation cases may still be brought before the Code Compliance Board even if violations have complied prior to the hearing. See Copy of "red tag" dated March 11, 2002. Inspector Cain stated the case was originally cited on March 14, 2002 and service was accomplished by certified mail. The violations are the result of construction of a new home. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Donald Tracey, 646 Lakeside Harbor, Boynton Beach, pled no contest and asked for two weeks. Inspector Cain stated that the property had been previously sited and came into compliance. The property then had other violations and the City is now asking for a cease and desist as there have been complaints about the property. Chairman DeLiso explained what a cease and desist order meant and that it is usually cited against a nuisance property. The respondent stated he. began construction of his house on July 12, 2001 and it is almost complete. He said that all the dust and debris have been removed and the property is completely landscaped and sodded. Vice Chair Hammer asked to look at photos of the property. Chairman DeLiso noted that during construction, these types of problems normally occur. Mr. Blasie concurred that the violations are minor considering the amount of work that was done on the property. However, staff is requesting a cease and desist to ensure that this doesn't happen again. Mr. Blasie acknowledged that Mr. Tracey is almost finished. Board members stated that from the photographs, the property looked very good. Motion Vice Chair Hammer moved that Donald Tracey has violated SBC '97 Edition 105,5 and 104.6.1 and based on the nature of the violation, Vice Chair Hammer moved that a Cease and Desist Order beginning on May 17, 2002 be imposed, with a fine in the amount of $100 per reoccurrence of the violation. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-3125 Property Address: Violation: Joseph C. & Suzanna Y. Bean 131 NE 17th Avenue Chapter 1:5, Article IX-15-120 (D) I.D; Mow grass, weeds and trim your yard; install grass where bare spots occur. Inspector Melillo stated the case was originally cited on November 14, 2001 through neighborhood complaints. Service was accomplished by certified mail. Joseph C. Bean, 131 NE 17th Avenue, Boynton Beach, pled no contest and asked for 30 days. He said that all the grass has been mowed and all that remains is planting new grass. Mr. Melillo concurred that the property has been mowed. Motion Based on the testimony and evidence presented in Case No. 01-3125, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that Jose'ph C. and Suzanna Y. Bean, are in violation of Code SectiOns Chapter 15, Article IX-15-120 (D) 1.D of the City Code of Ordinances. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Vice Chair Hammer moved to order that the Respondents correct the violations on or before May 17, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #02-3538 Property Address: Violation: Allen R. Schocken, Sr. 1105 NW 8th Court Chapter 15, Article IX-15-120 (D) .lA and 120 (E) 2A; Please repair or replace all roof fascia board. Also, sod yard and de-weed to corn ply with City Codes. inspector Pierre stated that the case was originally cited on January 4, 2002 and was discovered through routine neighborhood inspection. Allen Schocken, Sr., 1105 NW 8th Court, Boynton Beach, pled no contest. He stated that he is doing a great deal of work on his property and has put a new roof on the house and installed a new driveway. The respondent asked for 60 days to finish the remainder of the work. Motion Based on the testimony and evidence presented in Case No. 02-3538, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that Allen R. Schocken, Sr. is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA and 120 (E) 2A of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before June 16, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #1-2303 Property Address: Violation: James M. and Colleen M. Baker 1216 NW 8th Court SBC '97 Edition 104.1.1; Permit required. The canopy located on your property has been determined by the Building Department to be a structure. It must be permitted and must meet setbacks, windloads and product approval. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Ms. Costantino recused herself from the case because she is personally known to the respondent and completed Form BB. James Baker, 1216 NW 8th Court, Boynton Beach, pled no contest, but stated he disagreed with the way his case was handled by the City. He stated he spent $3,000 to install a driveway on his property 6 years ago. When he installed his canopy he was told by the City that it did not need a permit. Now, the City has changed its policy. He is in the process of getting a cover for his boat, which he now keeps under the canopy. Mr. Baker asked for time. Chairman DeLiso explained that the City Commission put the new regulations in place and the Board must follow them. Chairman DeLiso suggested giving the respondent 90 days to obtain his boat cover; however, the canopy must come down. Mr. Baker suggested that the City send out a notice in the City's water bill informing the citizens that canopies are not legal in Boynton Beach. Members thought this would be a good idea, Mr. Baker stated that Home Depot continues to sell canopies. Vice Chair Hammer recommended tabling the case for 90 days and did not feel that the respondent should be penalized in this case. Motion Vice Chair Hammer moved that Case No. 01-2303 be tabled until July 17, 2002. Motion seconded by Ms. Zibelli and unanimously carried. Chairman DeLiso requested that Mr. Blasie determine if a notice could be published on the water bill regarding the canopy situation. Mr. Blasie stated that Home Depot was informed that Boynton Beach does not allow canopies. Ms. Zibelli said that she made a telephone inquiry to Home Depot and was informed by an employee that Home Depot has the specifications for the City and it sounded as though canopies could be put up. Mr. Blasie will follow through on the water bill. Case #01-2668 Property Address: Violation: Yves-Marie Hubert, Tr. 725 N. Federal Highway SBC '97 Edition 104.1.1. The canopy located on your property has been determined by the Building Department to be a structure. It must be permitted and must meet setbacks, windloads, and product approval. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Inspector Webb stated the property was cited through routine neighborhood inspection. Yves-Marie Hubert, 725 N. Federal Highway, Boynton Beach, stated that his canopy is on wheels and asked if this was still considered a structure. Attorney Tolces responded that the definition of a canopy is defined in the Florida Building Code. Even if it is on wheels, it would still be considered a structure. The respondent stated that he needed the shade when he performed work outside. Chairman DeLiso informed the respondent that he would be allowed to have the canopy as long as he took it down each day. Mr. Blasie pointed out that the zoning where the respondent is located prohibits doing work outside. Mr. Blasie stated that the respondent would be allowed to have a canopy if it were attached to the boat trailer. If the canopy were installed in the ground, it would have to meet the setbacks. Mr. Blasie said that the Building Official considers a canopy to be a structure when it meets the ground. Chairman DeLiso explained if the respondent took the wheels off the canopy and installed it on the boat trailer it would be allowed. Attorney Tolces thought that this would be something that the Chief Building Official decides. The respondent requested 90 days. Motion Vice Chair Hammer moved that Case No. 01-2668 be tabled until July 17, 2002. Motion seconded by Mr. Miriana and unanimously carried. Attorney Tolces explained that the Chief Building Official is the one that would make the determination if the canopy is a structure. The City Commission would make the final decision. The respondent asked what the difference was between the wheel on a trailer and a wheel on a canopy. Attorney Tolces suggested that the respondent speak with Mr. Johnson and explain his situation to determine whether his canopy is allowed. Mr. Blasie asked how the Board would deal with the case when it came back in 90 days. Chairman DeLiso said when the case came back in 90 days, the respondent would be given 30 days to take it down or be fined. Chairman DeLiso stated that this Board needs some direction on placing a canopy on a boat trailer and whether in fact it is considered temporary. Chairman DeLiso said it appears that everyone has a different interpretation of what is oris not allowed and he is going by what the City Commission stated at the Commission meeting. Chairman DeLiso doesn't want Mr. Johnson to come back to the Board and tell them it cannot be done this way. Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Mr. Blasie said he was with Mr. Johnson when he spoke with a canopy boat owner. Mr. Johnson informed the boat owner that if he put the canopy on the trailer, it would be allowed. Ms. Costantino asked if the City could notify people who have been cited that if their canopy is attached to a boat trailer their canopies are legal, since a lot of people have been cited. Attorney Tolces responded that each case needs to be dealt with individually and each case needs to be presented and decided on its own merits. Attorney Tolces did not want to make any "blanket-type" statements that could result in unfair and unwarranted reliance by citizens on what may or may no be an accurate interpretation of the Code. Attorney Tolces would not recommend this. Chairman DeLiso pointed out that a majority of the people have taken them down and if they put them back and the word gets out that you can put them on a boat trailer, Code Enforcement would not be out there citing them. OLD BUSINESS LIEN PENALTY CERTIFICATIONS (Tabled) Case #01-2554 Marta Pejouhy 152 SE 28th Avenue Inspector Roy stated the notice of violation was dated September 25, 2001. No one appeared at the November 21, 2001 Code Compliance Board meeting. A compliance date of December 21, 2001 was set or be fined $25.00 per day. The property has not yet complied. Attorney Conrad DeSantis, with offices in North Palm Beach, was representing Ms. Pejouhy at the recommendation of the Palm Beach County Legal Aid Society that offers services to persons unable to afford legal representation. He stated that he receives no money for representing Ms. Pejouhy. Attorney DeSantis stated that Ms. Pejouhy may also be in need of other services. Also, she does not trust him and he has not been able to speak with her. Attorney Tolces pointed out that tonight's case was already in the lien certification stage. Attorney DeSantis said that the respondent has no money and cannot make the repairs. He just learned tonight that she had a son and daughter-in-law. Attorney DeSantis intends to help Ms. Pejouhy and will be speaking with vadous agencies on her behalf. He requested that the fine accrual be suspended because she would never be able to pay the fines. Attorney DeSantis pointed out that Ms. Pejouhy also has medical problems and his inability to deal with her has made it impossible for him to represent her properly tonight. He feels that the problems can be solved and he has had a realtor look at the property. Attorney DeSantis asked for an additional 30 days so that he could come back to the Board with some recommendations. 8 Meeting Minutes -~ Code Compliance Board Boynton Beach, FL April 17, 2002 Chairman DeLiso explained that Ms. Pejouhy is a constant violator and has been before the Board on several occasions. Chairman DeLiso noted that she had previously brought the property into compliance and this Board voted not to fine her because the Board is aware of her medical condition. Ms. Zibelli has also spoken to Ms. Pejouhy, and she also felt that Ms. Pejouhy did not trust other people. Ms. Pejouhy told Ms. Zibelli that she has lived in the house for 30 years and does not want to leave her home. Ms. Zibelli had concerns that Ms. Pejouhy was all alone with no one to help her. Mr. Miriana had concerns about the safety of the building. Attorney DeSantis said that her children are also concerned about her safety and they have taken precautions so that the house is not dangerous. Motion Vice Chair Hammer moved that Case No. 01-2554 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Mr. Miriana and unanimously carried. Case #01-2964 Marta R. Pejouhy 152 SE 28th Avenue Attorney DeSantis stated that this was another violation for grass. He spoke to the daughter-in-law and they are going to fix the grass and asked if this case could also be tabled. Motion Vice Chair Hammer moved that Case No. 01-2964 be tabled until the Code Compliance, Board Meeting to be held on May 15, 2002. Motion seconded by Ms. Zibelli aind unanimously carried. Case #01-2285 Joseph St. Elot & Charles Phillipe 407 NE 2nd Street Inspector Webb stated that Mr. St. Elot was present earlier, but had to leave. Inspector Webb requested that the case be tabled for 60 days because the respondent needs time to get the money to fix the sod. Motion Vice Chair Hammer moved that Case No. 01-2285 be tabled until the Code Compliance Board Meeting to be held on June 19, 2002. Motion seconded by Ms. Zibelli and unanimously carried. Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Case #01-2765 William Taylor 221 SW 4th Street Inspector Lewis stated the notice of violation was dated October 19, 2001 for violation of the Community Appearance Code. The respondent did appear at the January 16, 2002 hearing. A compliance date of March 18, 2002 was set or be fined $25.00 per day. The property is not yet in compliance. William Taylor, 221 SW 4th Street, Boynton Beach, asked for 60 days because he will be putting the fence up himself. He stated that he received a permit to erect the fence and has ordered it. All the other violations have complied except for the grass. Motion Vice Chair Hammer moved that Case No. 01-2765 be tabled until the Code Compliance Board Meeting to be held on June 19, 2002. Motion seconded by Mr. Miriana and unanimously carried. Case #01-1353 Property Address: Violation: Steve D. and Ruth A. Schultz 1164 SW 27th Avenue SBC '97 Edition 104.1.1. Permit required for canopies, Inspector Roy stated the property was originally cited on June 8, 2001 through routine inspection. Service was accomplished by hand carry. The Recording Secretary administered the oath to the respondent. Mr. Steve D. Schultz, 1164 SW 27th Avenue, Boynton Beach, pled not guilty and said that the last time he was before the Board, the Board voted on his case and found him not guilty by a majority. He does not understand why he has been cited again. Mr. Schultz stated that the Code Enforcement staff objected to the Board's ruling. Attorney Tolces stated that the notes in the file indicate that the matter was tabled. Chairman DeLiso stated that the case was tabled because the Board needed clarification whether the canopy was a permanent or temporary structure. At that time, the Board turned it over to the City Commission that determined canopies were permanent structures. Attorney Tolces, at that meeting, requested that the case be tabled until the Board received another opinion. In any event, Chairman DeLiso stated that the City Commission ruled that canopies must be taken down. Chairman DeLiso asked the respondent what he kept under his canopy and he stated it was cars and a boat. Chairman DeLiso stated that covering a car is out 10 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 of the question. However, he can cover the boat if he puts the canopy on the boat trailer. Once it hits the ground, it is considered permanent. The respondent stated that he has had the awning on his property since 1994 and feels that the awning should be grandfathered. Chairman DeLiso stated that the canopies cannot be grandfathered. Chairman DeLiso asked how much time the respondent needed. The respondent stated that he continues to receive correspondence from the City that keeps informing him about setbacks and windloads. Mr. Schultz stated that if he had to meet the setbacks, he could put the canopy right in front along the length of his house and it would meet the setback requirements. It would look ugly and it is not the way he would want it to look, but that is how the regulations are written. He is prepared to do that. Chairman DeLiso said the Board has no control over that. The only thing this Board can tell you is that you have to meet the setbacks and the windload. It is our job to say you have to take it down or apply for a permit. The respondent said he is confused with all this correspondence; one day it is allowed and the next day it is not allowed. It seems that the City wants to control your property and that is the attitude that he getting from Code Enforcement. Chairman DeLiso stated it was not Code Enforcement, it was the City Commission and the Building Official, Don Johnson. Mr. Johnson is the one that made the ruling based upon the Uniform Building Code throughout the State of Florida. This applies not only to Boynton Beach, but also to the whole State. Inspector Roy presented a photo of the canopy to the respondent and then to the Board. From looking at the photographs, Chairman DeLiso did not think that the Respondent could meet the windload requirements of 140 mph. Chairman DeLiso asked the respondent how much time he needed to apply for a permit. The Respondent said that he did not need to apply for a permit if he constructed the canopy in front of his house to meet the setback requirements. He further stated that the canopy must be 25' feet from the sidewalk and he has no sidewalk. Does that mean the City can decide wherever the 25' would begin? Inspector Roy stated that it was from the "right-of-way." Chairman DeLiso urged the respondent to take this up with the Building Official, Don Johnson. Mr. Schultz asked for 90 days. Motion Based on the testimony and evidence presented in Case No. 01-1353, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Steve D. and Ruth A. Schultz, are in violation of SBC '97 Edition 11 Meeting Minutes Code Compliance BOard Boynton Beach, FL April 17, 2002 104.1.1. Mr. Miriana moved to order that the Respondents correct the violations on or before July 17,2002. If the Respondents do not comPly with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of:Boynton Beach Code Compliance DiviSion to arrange: for reinspection of the proPerty to verify compliance with this Order. Motion seconded by Ms, Zibelli and unanimouSly carried. CASES TOBE HEARD Case #01-3128 Property Address: Violation: James Mathias 321 NW 2nd Street Chapter 15, Article IX-15-120 (D) 1, Inc. and 120 (E), Inc. and 13-16 B.B.C. of Ord.; Property must be kept mowed. Trees and bushes trimmed. Remove all loose trash and debris. Paint house. An Occupational License is required for rental property. Inspector Webb stated the case was originally cited on November 15, 2001. Mr. Mathias was administered the oath by the Recording Secretary. James Mathias, 321 NW 2nd Street, Boynton Beach, pled no contest and asked for 90 days. Mr. Mathias said that he had a house fire at his own residence and did not get to do any of the required repairs to bring the property into compliance. He is now doing work at the property. The grass has been mowed and he removed a lot of the debris. The only thing remaining is painting the house and planting sod. He is also going to install some type of sprinkler system so that the grass could be watered regularly. He said he was not aware that he needed an occupational license until his received the notice of the violations. Inspector Webb stated that this is not the respondent's first offense and the property already has three liens on it. Mr. Mathias stated that the prior violations applied to his father, who was handicapped and elderly and could not take care of himself or his property. He has since passed away. Motion Based on the testimony and evidence presented in Case No. 01-3128, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that James Mathias is in violation of Chapter 15, Article IX-15- 120 (D) 1, Inc. and 120 (E), Inc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before May 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00, per day, plus administrative costs, shall be imposed. The 12 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Vice Chair Hammer amended her motion to include the violation of Section 13-16 of the B.B.C. of Ord., which Mr. Miriana seconded. The motion unanimously carried. Case #02-251 Jean Baptiste & Vena Meant Property Address: 417 NE 2"d Street Violation: PT 3, LDR, Chapter 20, VIII, Section 2.A. Please install GIFC outlet in kitchen and bathrooms. Replace all missing windowpanes and hardware. Repair water leaks in kitchen and bathrooms. All electrical fixtures must be working. Remove all trash and debris from yard and roof; Repair all holes in exterior and interior walls. Install smoke detectors and fire extinguishers. Inspector Webb stated the property was originally cited on January 28, 2002. The Recording Secretary administered the oath to the remaining respondents whose cases had not been heard. Vena Meant, 417 NE 2nd Street, Boynton Beach pled no contest and said she has a lot of work to do on the house. She intends to change all the windows and has repaired the roof. She stated that she recently purchased the property "as is." Inspector Webb presented photos of the property. Ms. Zibelli asked about the electrical problems. Inspector Webb did not think that the electrical plugs were a hazard. Motion Based on the testimony and evidence presented in Case No. 02-251, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that Jean Baptiste and Vena Meant are in violation of PT 3, LDR, Chapter 20, VIII, Section 2.A. Vice Chair Hammer moved to order that the Respondents correct the violations on or before July 17, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to .verify compliance with this Order. Motion seconded by Ms, Zibelli and unanimously carried. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 LIEN PENALTY CERTIFICATIONS (Tabled) Case #01-1351 Brett Matchton 2788 SW 10th Street Inspector Roy stated that the notice of violation was dated June 8, 2001. The case came before the Code Compliance Board on August 15, 2001 and no one appeared. A compliance date of September 17, 2001 was set or be fined $25.00 per day. The property is not yet in compliance. Brett Matchton, 2788 SW 10th Street, Boynton Beach stated that the canopy was present when he purchased the house four years ago. He has been receiving various letters from the City for six months regarding his canopy and he was unaware that there was a compliance date or fine issued against his property. Chairman DeLiso explained to the respondent why he received letters from the City regarding his canopy. Chairman DeLiso clarified that his canopy was considered a permanent structure and needed to be permitted. He was allowed to have a canopy on a boat trailer. Attorney Tolces stated that a canopy on a boat trailer makes it a temporary structure, which could be taken down in the event of a hurricane. Mr. Blasie suggested that the word "temporary" not be used. If a canopy is not in the ground or attached to a building, it is not considered a structure according to Mr. Johnson. Mr. Blasie explained that the Building Code does not regulate motor vehicles and trailers. Chairman DeLiso informed the respondent that this Board must abide by the Code's definition of a canopy. Attorney Tolces recommended that the respondent speak directly with Mr. Don Johnson, the Chief Building Official, to determine what his options were. Motion Vice Chair Hammer moved that Case No. 01-1351 be tabled until the Code Compliance Board Meeting to be held on June 19, 2002. Motion seconded by Ms. Zibelli and unanimously carried. The respondent informed the Board that he had another canopy on the other side of his house and questioned if the violation applied to both canopies. Inspector Roy stated that it applied to both. 14 Meeting Minutes -~ Code Compliance Board Boynton Beach, FL April 17, 2002 CASES TO BE HEARD Case #01,3174 Property Address: Violation: Hermine Lovelace 215 NW 6th Avenue Chapter 15, Article IX-15-120(D), Inc. Please remove all unregistered vehicles in back of property. Also, sod bare areas, Inspector Pierre stated the property was originally cited on November 19, 2001. Hermine Lovelace, 215 NW 6th Avenue, Boynton Beach, pled no contest. The respondent asked for 90 days and stated the vehicles have been removed. The respondent said that she is not currently working and does not have the funds to purchase grass. Chairman DeLiso requested to see the photographs and Inspector Roy presented photos to the respondent and then to the Board. Ms. Lovelace stated that she is going to apply to the City for assistance with the grass. Chairman DeLiso advised her to also apply to the Faith Based CDC that might be able to assist her with the grass. Motion Based on the testimony and evidence presented in Case No. 01-3174, Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that Hermine Lovelace is in violation of Code Sections Chapter 15, Article 1×-15-120 (D), Inc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations 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 is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. RECESS WAS DECLARED AT 8:40 P.M. THE MEETING RECONVENED AT 8:50 P.M. Chairman DeLiso left the meeting and Vice Chair Hammer presided. Case #01-483 Property Address: Violation: Thomas E. and Sandra M. Johnson 64 Paxford Lane SBC '97 ED 104.1.1 and 104.7.2. Permit required for screen enclosure; See copy of "red tag" dated February 26, 2001. 15 Meeting Minutes ~ Code Compliance Board Boynton Beach, FL April 17, 2002 Mr. Blasie said the case was originally tabled until the May meeting, but he received a request from the respondents to place it on tonight's agenda, but they are not here. Mr. Blasie requested the case be tabled until the May meeting. Motion Mr. Miriana moved that Case No. 01-483 be tabled until the Code Compliance Board Meeting to be held on May 15, 2001. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-1778 Property Address: Violation: Patricia Jackson 1608 N. Seacrest Blvd. SBC '97 ED 104.1.1; See attached letter for canopy - get permit or remove. Inspector Melillo presented the case and recommended May 17, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-1778, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Patricia Jackson is in violation of SBC '97 ED 104.1.1. Mr. Miriana moved to order that the Respondent correct the violations on or before May 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 is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspectiOn of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. Case #01-3138 Property Address: Violation: Luis and Juan Melecio 3000 Ocean Parkway Chapter 15, Article IX-15-120 (D) 1.C. Please install sod/grass in bare spots in your yard and swale. Inspector Laverdure presented the case. The City recommends May 15, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-3138, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Luis and Juan Melecio are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.C of the City Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violations on or before May 15, 2002. If 16 Meeting Minutes ~ Code Compliance Board Boynton Beach, FL April 17, 2002 the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-3506 Property Address: Violation: Rigel & Nigel R. Kowlessar 2888 S. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) 1, Inc.. Please replace bare spots in your yard and swale with sod/grass. Inspector Laverdure presented the case. The City recommends May 15, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-3506, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Rigel and Nigel R. Kowlessar are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violations on or before May 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #02-310 Property Address: Violation: Clarence H. Dewitt 118 Arthur Court Chapter 15, Article IX-'15-120 (D).lA. Please register your unregistered vehicle and make it operable or remove it from your property to comply with City Code. Inspector Laverdure presented the case. The City recommended May 27, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-310, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Clarence H. Dewitt is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before May 27, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus 17 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #02-372 Property Address: Violation: Raymond Cedieu '135 Flamingo Dr. Chapter '15, Article IX-15-'120 (D) '1, Inc. Please mow and de-weed your yard. Repair screen on front porch. Inspector Laverdure presented the case. The City recommended May 15, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-372, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Raymond Cedieu is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before May 15, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #02-046 Property Address: Violation: Clint and Cynthia Miller 415 NW 8th Avenue Chapter 15, Article IX-15-120 (D) .lB. Install sod in yard. Repair all fascia board. Repair driveway. Also, remove unregistered vehicle in carport. Inspector Pierre presented the case. The City recommended May 15, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-046, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Clint and Cynthia Miller are in violation of Code Sections Chapter 15, Article IX- 15-120 (D) .lB of the City Code of Ordinances. Mr. Midana moved to order that the Respondents correct the violations on or before May 15, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further 18 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. Case #01-3378 Property Address: Violation: Paul and Mary Savage 2650 NWIst Street Chapter 15, Article IX-15-120 (D) 1, Inc. Please mow and de-weed your yard and install sod in any dead areas of yard and swale area to achieve a uniform green appearance. Inspector Guillaume presented the case. The City recommended May 17, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-3378, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Paul and Mary Savage are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violations on or before May 17, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00, per da:y, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #02-232 Property Address: Violation: Juanita Orduna 2771 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) 1.G. Please install sod in the dead areas of yard to achieve a uniform green appearance. Inspector Guillaume presented the case. The City recommended May 17, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-232, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Juanita Orduna is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.G of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before May 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 is further ordered to 19 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #02-472 Philip Denaro Property Address: 64 Baytree Lane Violation: Chapter 15, Article IX..15-120 1, Inc., 10-52 and 13-16 B.B.C. of Ord., and PT3-LDR, Chapter 2, Section 5.D.1. Please remove all unregistered, unlicensed and inoperative vehicles from the property. Vehicles require proof of registration, insurance, and current tag information. Property used for vehicle restoration is prohibited in this zoning district. Storage of vehicles for automobile business is unlicensed. To do business at your home requires:an occupational license and must meet all the requirements of the Occupational Licensing Division. Inspector Lewis stated that this case complied today. Case #01-3389 Property Address: Violation: Michael A. Simmons & Lisa Barnes 111 SW 7th Avenue SBC '97 Edition 104.'1.1. Please apply for and receive a building permit for the new fence installed on the property. Inspector Lewis presented the case. The City recommended May 17, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-3389, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Michael A. Simmons and Lisa Barnes are in violation of SBC '97 ED 104.1.1. Mr. Midana moved to order that the Respondents correct the violations on or before May 17, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #02-286 Maurece J. Williams Property Address: 312 SW 9th Avenue Violation: SBC '97 Edition 104.1.1 and 10-52 B.B.C. of Ord. Please apply for and secure proper permit for the new driveway and parking area addition. (Swale and west side of driveway.) Remove all unregistered/inoperable vehicles from the property. Please install a visible street number on the building. 2O Meeting Minutes ' - Code Compliance Board Boynton Beach, FL April 17, 2002 Inspector Lewis presented the case. The City recommended May 17, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-286, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Maurece J. Williams is in violation of SBC '97 Edition 104.1.1 and Sections 10-52 of the B.B.C. of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before May 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 is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #02-406 Lyn Carreras and Glenn Rorro Property Address: 215 SW 1st Avenue Violation: Chapter 15, Article IX-15.120 (D) 1, Inc., PT 3-LDR, Chapter 20-VIII, Section I.G and Section 2.A. Dwelling unit does not meet minimum standards governing the conditions of structures. All plumbing fixtures, air conditioning systems, and electrical systems need to be repaired and replaced to meet Code (permit required). Pool needs to be restored to a sanitary condition. Smoke detector and fire extinguisher need to be present and in working condition. Front, rear and side yard areas need to be mowed and all overgrown trees, hedges and shrubs cut. Front yard and swale areas need to be planted with sod to establish a green lawn. Inspector Lewis presented the case. The City recommends May 2, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-406, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Lyn Carreras and Glen Rorro are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances and PT3-LDR, Chapter 20-VIII, Section I.G and Section 2.A. Mr. Miriana moved to order that the Respondents correct the violations on or before May 2, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. 21 Meeting Minutes .... Code Compliance Board Boynton Beach, FL April 17, 2002 Case #01-3105 Property Add ress: Violation: Wanda Robinson 1203 NW 4th Street Chapter 151 Article IX-15-120 (D) .lA and 120 (D)I.D, PleaSe remove all loose traSh and install Sod in all dead areas in yard, Inspector Webb presented the case, The City recommended June 16, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-3105, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Wanda Robinson is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) .lA and 120 (D) I.D of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before June 16, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. Case #01-3214 Property Address: Violation: Louise M. and William H. Albury, Jr. 130 NE 8th Avenue Chapter 15, Article IX-15-120 (D) .lA. Storage of unlicensed and inoperable vehicles on residential property is not allowed. Move vehicles from backyard. Inspector Webb presented the case. The City recommended May 17, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-3214, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Louise M. and William H. Albury, Jr. are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violations on or before May 17, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. 22 Meeting Minutes ......... Code Compliance Board Boynton Beach, FL April 17, 2002 Case #01-3453 Prope~ Address: Violation: Walter :Kendrick 222 NE 13th Avenue SBC '97 Edition 104.1.1. and Section 13-16 B.B.C.,of Ord. Permit required for door and windows. Also, occupational license is required for rental property. Inspector Webb presented the case. The City recommended May 17, 2002 as the compliance date, Motion Based on the testimony and evidence presented in Case No. 01-3453, Mr. Miriana moved that this Board find, as a matter of fact and as a conclusion of law, that Walter Kendrick is in violation of SBC '97 ED 104.1.1 and Section 13-16 of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before May 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 is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Zibelli and unanimously carried. LIEN PENALTY CERTIFICATIONS (tabled) Staff recommends no fine for the following cases: Page 47 Page 52 Page 57 Page 60 Case # 01-2864 Case # 01-3382 Case # 01-2796 Case # 01-2910 Malvoisin Urlick & Iglad Naurelus Fontan a Plaza Marie Benjamin Aguilar & Blanca Ciro Motion Based on the testimony and evidence presented in Case No. 01-2864, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondents, Malvoisin Urlick and Iglad Naurelus were in violation of Code Sections No. Chapter 15, Article IX-15-20 (D) 1, Inc. and (E) 2 of the City Code of Ordinances and SBC '97 ED 104.1.1. Mr. Miriana 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. Motion seconded by Ms. Zibelli and unanimously carried. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Motion Based on the testimony and evidence presented in Case No. 01-3382, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondent, Fontana Plaza, Limited was in violation of SBC '97 ED 104,1.1 and 104.7.5. Mr. Miriana 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. Motion seconded by Ms. Zibelli and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-2796, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondent, Marie Benjamin is in violation of PT 3 - LDR and Code Sections Chapter 2, Section 5.E. of the City Code of Ordinances. Mr. Miriana 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. Motion seconded by Ms. Zibelli and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-2910, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondents, Aguilar and Blanca Ciro were in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc., PT3-LDR, Chapter 2, Section 4.J.1 and Section 10-2 of the City Code of Ordinances. Mr. Miriana 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. Motion seconded by Ms. Zibelli and unanimously carried. Staff recommends that the following cases be tabled to the next meeting. Page 43 Page 44 Page 48 Page 50 Page 54 Page 59 Page 65 Case # 01-1191 Case # 01-2608 Case # 00-1951 Case # 01-3144 Case # 01-2962 Case # 01-2246 Case # 01-3022 The Crossings of Boynton Beach Ernestine Bush Josephine Daffin Rubens & Ivanilda Santos Jean-Pierre Messeroux Arthur Amisial Dale Beapot Motion Mr. Miriana moved that Case No. 01-1191 be tabled until the Code' Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Ms. Zibelli and unanimously carried. 24 Meeting Minutes '~ ..... Code Compliance Board Boynton Beach, FL April 17, 2002 Motion Mr. Miriana moved that Case N©, 01-2608 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Ms, Zibelli and unanimously carried. Motion Mr. Miriana moved that Case No. 00-1951 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Ms. Zibelli and unanimously carried. Motion Mr. Miriana moved that Case No. 01-3144 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Ms. Zibelli and unanimously carried. Motion Mr. Miriana moved that Case No. 01-2962 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Ms. Zibelli and unanimously carried. Motion Mr. Miriana moved that Case No. 01-2246 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Ms. Zibelli and unanimously carried. Motion Mr, Miriana moved that Case No. 01-3022 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Ms. Zibelli and unanimously carried. Inspector Melillo stated them was another case to be tabled for 30 days.- Page 56 Case #01-3229 Crystal Rivers & Lillie Jones Motion Mr. Miriana moved that Case No. 01-3229 be tabled until the Code Compliance Board Meeting to be held on May 15, 2002. Motion seconded by Ms. Zibelli and unanimously carried. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Inspector Melillo requested that Case No. 01-2034 (Raymond & Linda Torres) be certified at $50.00 per day. Motion Based on the testimony and evidence presented in Case No. 01-2034, and having Considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, Mr. Miriana moved that this Board find that Raymond & Linda Torres have violated this Board's Prior Order of February 20, 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. Motion seconded by Ms. Zibelli and unanimously carried. Inspector Melillo requested that the following cases be certified at $25.00 per day. Page 55 Page 58 Page 61 Page 63 Page 64 Page 66 Page 67 Case #01-3358 Case #01-3425 Case #01-3295 Case #01-2763 Case #01-2891 Case #01-3305 Case #01-3203 Brad Carlton Efrain & Flavia Chanza Marco & Patricia Acudelo Norma McCarter Associated Financial Dale Beapot Lucio and Maria Garcia Ms. Costantino recused herself from Case No. 01-3425 since the respondents are personally known to her. Motion Based on the testimony and evidence presented in Case No. 01-3358, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Miriana moved that this Board find that Brad Carlton has violated this Board's prior Order of February 20, 2002, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until, the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Zibelli and carried 5-0. Motion Based on the testimony and evidence presented in Case No. 01-3425, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, 26 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Mr. Miriana moved that this Board find that Efrain and Flavia Chanza has violated this Board's prior Order of February 20, 2002, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Zibelli. Motion carried 4-0 (Ms. Costantino abstaining). Motion Based on the testimony and evidence presented in Case No. 01-3295, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, Mr. Miriana moved that this Board find that Marco and Patricia Acudelo have violated this Board's prior Order of February 20, 2002, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Zibelli and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-2763, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Miriana moved that this Board find that Norma McCarter has violated this Board's prior Order of January 16, 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. Motion seconded by Ms. Zibelli and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-2891, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Miriana moved that this Board find that Associated Financial has violated this Board's prior Order of January 16, 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. Motion seconded by Ms. Zibelli and unanimously carried. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2002 Motion Based on the testimony and evidence presented in Case No. 01-3305, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Miriana moved that this Board find that Dale Beapot has violated this Board's prior Order of February 20, 2002, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Zibelli and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 01-3203, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, Mr. Miriana moved that this Board find that Lucio and Maria Garcia 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. Motion seconded by Ms. Zibelli and unanimously carried. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 9:15 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) (April 19, 2002) 28