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Minutes 08-21-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, AUGUST 21, 2002, AT 7:00 P. M. Present Chris DeLiso, Chairman Bob Foot Patti Hammer, Vice Chair James Miriana Enrico Rossi Michele Costantino, Alternate Dave Rafkin, Alternate Absent Tom Walsh Dee Zibelli I. CALL TO ORDER David Tolces, Assistant City Attorney Inspectors: Courtney Cain Luney Guillaume Richard Laverdure Skip Lewis Mike Melillo Vestigueme Pierre Willie Webb Chairman DeLiso called the meeting to order at 7:05 p.m. II. APPROVAL OF MINUTES Mr. Foot stated that there were some items in the July 17, 2002 regular meeting minutes that needed clarification and requested that the tapes be reviewed. Since the Recording Secretary at tonight's meeting did not prepare the minutes of the July 17, 2002 meeting, she requested that Mr. Foot fax his suggested changes to the Clerk's Office so that the minutes could be corrected accordingly. Mr. Foot agreed to do so and requested that approval of the minutes be tabled until the next meeting. Motion Mr. Foot moved to table approval of the minutes of the July 17, 2002 Regular Meeting. Motion seconded by Ms. Costantino and unanimously carried. Motion Mr. Foot moved to approve the minutes of the July 25, 2002 Lien Reduction Meeting. Motion seconded by Ms. Costantino and unanimously carried. Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 III. APPROVAL OF AGENDA In the absence of the Code Administrator, Inspector Lewis presented the cases and requested that the following changes be made to the agenda: A. Page 2 (Case #02-605), D.L. & Bruce Folsom, complied B. Page 10 (Case #02-1457), Dominguez & Angeles Marcelino, removed C. Page 11 (Case #02-1650), Johnny Marcandy, complied D. Page 12 (Case #02-1654), Anthony Ragno, removed E. Page 20 (Case #02-1497), Henry Roberson, removed F. Page 21 (Case #02-1665), Kirk Orlovsky, complied G. Page 24 (Case #02-1025), Timothy and Emma Haye, removed H. Page 30 (Case #02-1653), Virginia Wilson, complied I. Page 32 (Case #02-842), BNW Trading, complied J. Page 33 (Case #02-849), Palm Beach County Housing Authority, removed K. Page 34 (Case #02-1730),Palm Beach County Housing Authority, removed L. Page 37 (Case #02-1499), Johnny & Cloretha Morrell, complied M. Page 44 (Case #02-1172), Louis Lamourd, complied N. Page 47 (Case #02-1394), Fair Lanes Boynton Beach, complied O. Page 52 (Case #02-1568), Mark & Anthony Dacunto, complied Motion Vice Chair Hammer moved to approve the agenda, as amended. Motion seconded by Ms. Costantino and unanimously carried. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Inspector Lewis 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 #02-710 Vito and Joseph A. DeCosmo Property Address: 209 SE 6th Avenue Violations: Section 13-16 B.B.C. of Ord., FBC '01 ED 104.1.1, Chapter 15, Article IX -15-120 (B) 2A and PT3-LDR, Chapter 2, Section 8A., 5.13 (13). (1) Permits required for structure 2 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 including canopy, 6' wood fence and office built inside the bay; (2) an occupational license is required for rental property; (3) exterior storage not allowed without screening-- please remove truck body; and (4) illegal bumpers are not allowed in swale area. Inspector Pierre presented the case and stated that the property was originally cited on March 19, 2002. Inspector Pierre reported that most of the violations have complied except for the office built inside the bay. The violation was discovered by a citizen complaint. Joseph DeCosmo, 209 SE 6th Avenue, Boynton Beach took the podium. Chairman DeLiso noted that this case pertained to office walls being erected inside the building when the respondent purchased the property and whether the office was part of the site plan. Mr. DeCosmo confirmed this was correct. Chairman DeLiso noted that the case had been tabled to allow the City an opportunity to provide the Board with documentation that showed that the walls did not exist. Chairman DeLiso said that he had a copy of an email from the City Building Official Don Johnson, regarding the lack of permits for the work done on the property. However, Chairman DeLiso does not feel that Mr. Johnson answered his original question, which was whether the office walls were contained on the original site plan. Attorney Tolces requested that the email from Mr. Johnson be made part of the record and a copy provided to the respondent. Chairman DeLiso stated that the City needed to provide documentation that the original site plan showed that there were no walls creating an office. Inspector Pierre confirmed that there was no permit issued for the office inside the bay. Chairman DeLiso wanted assurances that if the case went to court that the City would prevail based upon the evidence presented this evening by the City. Inspector Pierre said that the respondent has no proof that the office was permitted. Mr. Foot felt it was the respondent's duty to present evidence and requested that the respondent provide evidence that the site plan included the office when he obtained his permit. The respondent said that there were four overhead doors with four separate bays, four electric panels and four electric meters, indicating that the property was going to be divided into four separate bays. Mr. Foot stated that this did not answer his question as to what evidence the respondent had that would prove the prints showed an office. The respondent stated that the prints were submitted to the City and he does not have them, nor does the City. K3 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 The respondent noted that Mr. Johnson and Mr. Blasie came out to the site and inspected the property, and he has not heard from either one of them since that date. The respondent pointed out that he was very cooperative when Mr. Johnson and Mr. Blasie came out to look at his property and felt he did not have to let them onto his property, but he has nothing to hide. Mr. DeCosmo requested that the Board dismiss his case or he would institute a lawsuit. Motion Vice Chair Hammer moved to table the case until September 18, 2002. Motion seconded by Mr. Miriana. Mr. DeCosmo did not want the case to be tabled tonight. Mr. Rossi said that once the respondent made changes to the bay without a permit, he was in violation of the City's Code. Mr. Rossi pointed out that it was the responsibility of the respondent to obtain a permit prior to doing any work on his property. Mr. Foot requested that the City be provided an opportunity to come back with copies of plans that were attached to the permits or to inform this Board that they cannot find the plans. Mr. Foot felt that the Board should table the case or make a decision that a violation does exist and provide a compliance date for the property to be brought into compliance. Chairman DeLiso noted that at some point there had to be a permit issued because of the electrical work done on the property. The respondent pointed out that the person who rented the building was a contractor that performed the electrical work. Vice Chair Hammer asked the respondent how long he has owned the property and he stated over 30 years. Mr. Foot noted that the electrical work is not being questioned in the violation. The respondent is being cited for having an office in a bay. Chairman DeLiso called for a vote on the motion to table. Vote The motion to table did not pass. (Chairman DeLiso and Messrs Foot, Rossi, and Rafkin dissenting). 4 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Motion Based on the testimony and evidence presented in Case No. 02-710, Mr. Rafkin moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph and Vito DeCosmo are in violation of the City of Boynton Beach Code Sections 13-16 B.B.C. of Ord., FBC '01 ED 104.1.1, Chapter 15, Article 1X-15- 120 (B) 2A and PT3-LDR, Chapter 2, Section 8A.5.13 (13). Mr. Rafkin moved to order that the Respondents correct the violations on or before October 20, 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. Costantino and carried 5-2 (Vice Chair Hammer and Mr. Miriana dissenting.) Case #02-175 Alcegueur Dezilme Property Address: 390 Ocean Parkway Violations: SBC'97 Edition 104.6.1; Permit #01-1127 — Work completed without inspections; work has not been done in accordance to plan; see copy of "red tag" dated January 14, 2002. Inspector Guillaume stated that the property was originally cited on January 18, 2002. Alcegueur Dezilme, 390 Ocean Parkway, Boynton Beach, assumed the podium and Inspector Pierre interpreted for him. The respondent pled no contest and asked for six months. Chairman DeLiso asked the respondent why he needed six months. Inspector Pierre presented a copy of a letter from Don Johnson, the City's Building Official, regarding the violations on the property. Chairman DeLiso noted that the case has been pending since January and asked why it was just now being presented to the Board. Inspector Guillaume said that the City has been trying to work with him to resolve the violations, but the respondent wrote a letter to the City Manager that was presented into evidence. Inspector Pierre noted that the violations are for not having the proper inspections and the work was not done in accordance with the plans. Chairman DeLiso requested to view the photos, which Inspector Pierre presented. After looking at the photographs, Chairman DeLiso felt that the respondent was going to need a lot of time to bring the property into compliance and will have to obtain architectural plans. Inspector Lewis felt that the only way the respondent could come into compliance would be to tear down what he built and begin all over again. 61 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Motion Based on the testimony and evidence presented in Case No. 02-175, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Alcegueur Dezilme is in violation of the Standard Building Code '97 Ed 104.6.1. Mr. Foot moved to order that the Respondent correct the violations on or before November 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino. Chairman DeLiso asked why the respondent was being given 90 days if the building had to be torn down. He asked if the building could be permitted or would it have to be torn down. Inspector Pierre responded that the building could be permitted if the proper plans were drawn. Inspector Pierre interpreted the Board's finding to the respondent Vote Motion carried 7-0. Case #02-663 Arthur J. Tubesing Property Address: 3235 Orange Street Violations: Chapter 15, Article IX -15-120 (D) 1, Inc.; Please mow and de -weed; install grass in all bare spots in yard and swale. Inspector Laverdure stated that the case was originally cited on March 15, 2002. Service was accomplished by certified mail and the respondent is present. Arthur J. Tubesing, 3235 Orange Street, Boynton Beach, pled no contest and asked for 30 days to comply. Motion Based on the testimony and evidence presented in Case No. 02-663, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Arthur J. Tubesing is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120-(D) 1, Inc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before September 20, 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 R Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1624 Mathalene H. Deal Property Address: 1600 NW 4th Street Violations: Chapter 15, Article IX -15-120 (D) Inc.; Install grass in yard and swale Inspector Melillo stated that the case was originally cited on June 25, 2002 through routine inspection of the neighborhood. Service was accomplished by certified mail and the respondent is present. Mathalene H. Deal, 1600 NW 4th Street, Boynton Beach, pled no contest and asked for an October compliance date. Motion Based on the testimony and evidence presented in Case No. 02-1624, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Mathalene H. Deal is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120-(D) Inc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before October 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1626 Mary Ella Duncan Property Address: 404 NW 16th Avenue Violations: Chapter 15, Article IX -15-120 (D) Inc. ; Install grass in bare spots; repair hole in driveway Inspector Melillo stated that the property was cited on June 25, 2002 through routine neighborhood inspection. Service was accomplished by certified mail. Carolina Duncan, 404 NW 16th Avenue, Boynton Beach, said that she was the daughter of the deceased owner of the property. Ms. Duncan pled no contest and asked for 90 days. The City agreed to 90 days. Motion Based on the testimony and evidence presented in Case No. 02-1626, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Mary Ella Duncan is in violation of the City of Boynton 7 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Beach Code Sections Chapter 15, Article IX -15-120 (D) Inc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 20, 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 #02-1641 Willie C. & Kathy Lester Property Address: 250 NE 17th Avenue Violations: Chapter 15, Article IX -15-120 (B)1. Install grass in swale. Inspector Melillo stated that the case was originally cited on June 27, 2002 through routine neighborhood inspection. Service was accomplished by certified mail. Willie Lester, 250 NE 17th Avenue, Boynton Beach, pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1641, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Willie C. and Kathy Lester are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (B) 1. Vice Chair Hammer moved to order that the Respondents correct the violations on or before September 20, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1432 Joseph L. Nowell Estate Property Address: 304 NW 11th Avenue Violations: Chapter 15, Article IX -15-120 (D), Inc. ; Please de -weed and sod bare spots in yard ; remove all debris from property. Inspector Pierre stated that the case was originally cited on June 3, 2002. Robert Nowell, 304 NW 11th Avenue, Boynton Beach, requested 45 days for compliance. 0 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Mr. Foot asked if the debris caused a hurricane hazard. Inspector Pierre stated that some of the debris could be a hurricane hazard and should be removed within five to ten days. Mr. Foot asked what the relationship of Robert Nowell was to Joseph L. Nowell. Robert Nowell stated that he was the son of the deceased. Inspector Pierre presented photos to the respondent of items that needed to be removed. Motion Based on the testimony and evidence presented in Case No. 02-1432, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that the Joseph L. Nowell Estate is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) Inc. Mr. Foot moved to order that the Respondent correct the violations as to the debris on or before August 28, 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 carried 6-0 (Chairman DeLiso had left the dais). Motion Based on the testimony and evidence presented in Case No. 02-1432, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that the Joseph L. Nowell Estate is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) Inc. Mr. Foot moved to order that the Respondent correct the violations as on or before October 5, 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 carried 6-0 (Chairman DeLiso had left the dais.). Case #02-1309 Kenneth R. Hall Property Address: 110 SE 3'd Avenue Violations: Chapter 15, Article IX -15-120 (D) Inc., Section 10-52 and 20.6 B.B.C. of Ord.; Please remove inoperable abandoned vehicle, boat and boat trailer. Inspector Lewis stated that the case was originally cited on May 23, 2002 and submitted two photographs into evidence. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Kenneth Hall, 110 SE Td Avenue, Boynton Beach, pled no contest. Mr. Hall stated that he has lived at this property for 30 years and has been an employee of the City for over 15 years. The respondent said that he has resolved all the violations except the one dealing with securing a license plate for the trailer. He pointed out that the trailer in his driveway was not under the boat and the car cover on his antique car deteriorated. The respondent presented photos showing that the car has a new cover and the trailer is now underneath the boat. He intends to register the trailer within the next week or so. Inspector Lewis pointed out that the car is an abandoned and inoperable vehicle and does not meet the Code. Mr. Hall stated that his vehicle is exempt because it is a collector's car, although it needs work. He has yet to determine if he wants to have it restored. If the car is not restored, he plans to sell it. He read the section of the Code that deals with inoperable vehicles as follows: "...nor shall it apply to any antique or collector vehicle which is registered with the State of Florida pursuant to Florida statutes." Mr. Hall said that the car has been on his property for ten years and asserted that there is an implied agreement between the City and himself that as long as he kept the cover on the car, he could keep it on his property. Mr. Miriana asked the respondent why he did not put the car in his garage and he stated that he did not have any room. The respondent stated that he had been cited before but was told he could keep it as long as it was covered. Vice Chair Hammer inquired if he had this in writing and he said he did not. Mr. Rafkin asked if the vehicle was registered, and Mr. Hall responded that it was not. Mr. Hall requested that he be allowed to keep the vehicle because it has sentimental value to him. Motion Based on the testimony and evidence presented in Case No. 02-1309, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Kenneth R. Hall is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) Inc. and Sections 10-52 and 20- 6 of the B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before September 20, 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. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #02-1736 Claude Francois Property Address: 229 SE 4 1 Avenue Violations: Chapter 15, Article IX -15-120 (D) 1, Inc., Chapter 10, Article II, 10-24, Inc., Section 10- 52 B.B.C. of Ord., and FBC '01 Edition 104.1.1; Please obtain a building permit and final inspection for the new metal fence and brick paver driveway; remove all inoperable vehicles; trash pile needs to be removed from the City right-of-way. Inspector Lewis stated that the property was originally cited on July 10, 2002 and the respondent is present. Claude Frangois, 229 SE 4th Avenue, Boynton Beach, pled no contest and asked for 60 days. Motion Based on the testimony and evidence presented in Case No. 02-1736, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Claude Francois is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) 1, Inc. Chapter 10, Article II, 10-24, Inc., Section 10-52 B.B.C. of Ord. and FBC '01 Edition 104.1.1. Vice Chair Hammer moved to order that the Respondent correct the violations on or before October 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Inspector Lewis reported that the trash had been removed. VI. OLD BUSINESS LIEN PENALTY CERTIFICATIONS Case #01-2120 Gregory Sponburgh 2132 NE 3rd Street Inspector Melillo stated that the notice of violation was dated August 16, 2001 for violation of the Community Appearance Code. No one appeared at the June 19, 2002 Code Compliance Board Hearing. A compliance date of July 19, 2002 was set or be fined $25.00 per day. The property is still not in compliance. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Gregory Sponburg, 2132 NE 3rd Street, Boynton Beach, assumed the podium. Inspector Melillo stated that the dirt pile in the swale has been removed. The outside storage still remains. Chairman DeLiso requested to look at the photos of the property. Inspector Melillo also stated that the respondent has erected a fence without a permit in front of his house to hide some of the storage. Motion Based on the testimony and evidence presented in Case No. 01-2120 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Gregory Sponburgh has violated this Board's prior Order of June 19, 2002, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Mariana and unanimously carried. Case No. 01-1353 Steve & Ruth Schultz 1164 SW 27th Avenue Inspector Laverdure stated that the notice of violation date was June 8, 2001 for permit required. The respondent did appear at the April 17, 2002 Code Compliance Board Hearing. A compliance date of July 17, 2002 was set or be fined $25.00 per day. The property complied today at 6:15 p.m. for 35 days of non-compliance. Inspector Laverdure reported that this is a canopy case and the respondent did not take the canopy down until he was told that the fine was going to be certified tonight. The City recommends certifying the fine. Mr. Schultz presented receipts of the canopy that he purchased in 1994 and Attorney Tolces explained that this was not an evidentiary hearing. The hearing tonight was to consider assessing a fine. Mr. Rafkin pointed out that the receipt stated that the canopy meets the South Florida Code Requirements. Chairman DeLiso explained that this is not the issue at this time. The respondent stated that his canopy was inspected in 1999 and he was told that he met the code as long as the canopy was not attached to the house, which it never was. He said that he has always tried to stay within the law. The respondent stated that he took the canopy down that was in violation on the date he was told to take it down. He stated that he had two canopies. He took the second one down and placed it within the setback limits and he feels that his canopy falls within the setback guidelines. Chairman DeLiso noted that if the canopy was within the setback limits, the respondent should have obtained a permit. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Motion Based on the testimony and evidence presented in Case No. 01-1353, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents Steve and Ruth Schultz, were in violation of the SBC '97 Edition 104.1.1, 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 a fine in the amount of $400 to include administrative costs. Motion seconded by Mr. Miriana and carried 6-1 (Vice Chair Hammer dissenting). Case #02-818 Wayne Ouellette 3341 Ocean Parkway Inspector Laverdure stated that the case was originally cited on March 28, 2002 for violation of the Community Appearance Code. The respondent did not appear at the June 19, 2002 Code Compliance Board Hearing. A compliance date of July 19, 2002 was set or be fined $25.00. The property has not yet complied. Wayne Ouellette, 3341 Ocean Parkway, Boynton Beach, appeared with his friend who stated that Mr. Ouellette had a stroke two years ago and has no one to help him. He said that he takes care of the respondent, but does not have time to care for the grass. Chairman DeLiso suggested that the respondent apply to the City for assistance. Inspector Laverdure said that he furnished the respondent with an application for assistance, but he has not returned it. Mr. Ouellette's companion said that he returned the application to Ms. Cornelius at Community Redevelopment two weeks ago. Chairman DeLiso suggested tabling the case in order to allow the respondent time to complete another application. Motion Vice Chair Hammer moved that Case No. 02-818 be tabled until the Code Compliance Board Meeting to be held on October 16, 2002. Motion seconded by Ms. Costantino and unanimously carried. RECESS WAS DECLARED AT 8:35 P.M. THE MEETING RECONVENED AT 8:45 P.M. Case #01-3278 Jose & Lucia Teixeira 134 SW 10th Avenue Inspector Lewis stated that the property has now complied and the City recommends no fine. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 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, that the Respondents, Jose and Lucia Teixeira, were in violation of Code Sections Chapter 15, Article IX -15-120 (D), Inc. and Section 10-52 B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board's Order of June 19, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, but that this Board impose and certify no fine or administrative costs. Ms. Costantino seconded the motion that carried unanimously. Case #02-835 J. Frangois and Marie Marcellus 203 SE 4th Ave. Inspector Lewis stated that the property was cited on April 1, 2002 for violation of the Community Appearance Maintenance Code. The respondent appeared at the June 19, 2002 Code Compliance Board Hearing. A compliance date of July 19, 2002 was set or be fined $25.00. The respondent stated that he had removed the boat, but Inspector Lewis took a picture of the property at 11:00 a.m. and the boat was still on the property. Inspector Lewis recommended tabling the case. Francois Marcellus, 203 SE 4th Avenue, Boynton Beach, testified that the boat has been moved. Motion Mr. Foot moved that Case No. 02-835 be tabled until the Code Compliance Board Meeting to be held on September 18, 2002. Motion seconded by Ms. Costantino and unanimously carried. Case #01-3174 Hermine Lovelace 215 NW 6th Avenue Inspector Pierre stated that the notice of violation was dated November 19, 2001 for violation of the Community Appearance Code. The respondent appeared at the April 17, 2002 Code Compliance Board Hearing. A compliance date of July 17, 2002 was set or be fined $25.00 per day. The property has not yet complied. Hermine Lovelace, 215 NW 6th Avenue, Boynton Beach, assumed the podium. Inspector Pierre stated that some of the vehicles have been removed and Ms. Lovelace replied that only one vehicle remained, which was her car. Inspector Pierre noted that the respondent is working on fixing the grass. The respondent was informed that the fine continues to accrue. Motion 14 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #02-251 Jean Baptiste & Vena Meant 417 NE 2nd Street 922 Ardmore Road West Palm Beach, FL 33401 Inspector Webb stated that the property was cited on January 28, 2002 for violations of the Land Development Regulations. The Respondents appeared at the April 17, 2002 Code Compliance Board Hearing. A compliance date of July 17, 2002 was set or be fined $25.00 per day. The property complied on August 6, 2002 for 16 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 02-251, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents Jean Baptiste and Vena Meant, were in violation of Code Sections PT 3 — LDR Chapter 20 -VIII, Section 2.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 Respondents failed to comply with this Board's Order, but that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriana. Chairman DeLiso inquired if the property was rental property and Inspector Webb stated that it was and had been cited 31 times. Chairman DeLiso did not think that no fine was appropriate. Vote Motion denied 2-5. (Chairman DeLiso, Vice Chair Hammer, Ms. Costantino and Messrs. Rossi and Rafkin dissenting.) Inspector Webb stated that when the respondent purchased the property, the previous property owner did not disclose the violations to him. Attorney Tolces said that the Board could move to reconsider the motion. Motion Ms. Costantino moved that the Board re -consider the previous motion. Motion seconded by Mr. Foot and carried 6-0. (Chairman DeLiso left the meeting.) Attorney Tolces called for a new vote on the motion. The motion carried 6-0. CASES TO BE HEARD Case #02-050 Property Address: Violations: Yves -Marie Hubert, Trustee 725 N. Federal Highway SBC '97 Edition 104.1.1 application #01-2116; 15 and 104.7.5; permit Permits required; Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Property Address: 725 N. Federal Highway Violations: SBC '97 Edition 104.1.1 and 104.7.5; permit application #01-2116; Permits required; Work commenced prior to issuance of permit; See copy of red tag dated January 4, 2002. Inspector Pierre stated the property was cited through a red tag from the Building Division and the City recommends 30 days. Mr. Foot noted that this was a repeat offender. 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 Yves -Marie Hubert, Trustee is in violation of the SBC '97 Edition 104.1.1 and 104.7.5. Mr. Foot moved to order that the Respondent correct the violations on or before September 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1500 Andre L. St. Juste Property Address: 809 SE 41h Street Violations: Section 10-15 B.B.C. of Ord., and Chapter 15, Article IX -15-120 (D) 11, Inc.; Please remove all unregistered/inoperable vehicles from the property. Inspector Laverdure stated that the case was originally cited on June 10, 2002 through routine inspection. Service was accomplished by certified mail and the City recommends ten days. Motion Based on the testimony and evidence presented in Case No. 02-1500, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Andre L. St. Juste is in violation of the City of Boynton Beach Code Sections 10-52 B.B.C. of Ord. and Chapter 15, Article IX -15-120 (D) 1, Inc. Mr. Miriana deet moved to order that the Respondent correct the violations on or before September 1, 2002. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify W Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #01-3509 Edward F. Stepanek, Jr. Property Address: 16 Crossings Circle H Violations: Section 13-16 B.B.C. of Ord.; Occupational License is required to rent unit, Inspector Cain stated that the case was originally cited on December 31, 2001. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3509, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Edward F. Stepanek, Jr. is in violation of the City of Boynton Beach Code Sections 13-16 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before September 20, 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 #01-3525 Jean G. Celestin Property Address: 9 Crossings Circle H Violations: Section 13-16 B.B.C. of Ord. and SBC '97 Edition 104.1.1. Occupational License is required to rent unit. Also, a permit is required for shed. Contact the Building Division. Inspector Cain stated that the case was originally cited on January 2, 2002. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 01-3525, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Jean G. Celestin is in violation of the City of Boynton Beach Code Section 13-16 B.B.C. of Ordinances and SBC '97 Edition 104.1.1. Mr. Foot moved to order that the Respondent correct the violations on or before September 20, 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. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #02-828 Stephen E. Solomon. Property Address: 415 Buttonwood Lane 308C Violations: PT 3 — LDR, Chapter 20 -VIII, Section 1.G ; This building is unsafe, unsanitary and its use or occupancy has been prohibited by the Building Official. Inspector Cain stated that the case was originally cited on March 28, 2002. The City recommends 30 days. Inspector Cain stated that the property was vacant and boarded up. It was also in the process of foreclosure. Motion Based on the testimony and evidence presented in Case No. 02-828, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Stephen E. Solomon is in violation of the City of Boynton Beach Code Sections PT3-LDR, Chapter 20 -VIII, Section 1-G. Mr. Foot moved to order that the Respondent correct the violations on or before September 20, 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 #02-457 Maria M. Isma Property Address: 2450 N. Seacrest Blvd. Violations: Section 13-16 B.B.C. of Ord., Chapter 15, Article IX -15-120 (D) 1, Inc. and Chapter 10, Article II- Section 10-30; Every rental unit used for residential purposes in the City must be licensed; please remove construction materials in backyard; mow and de -weed yard; repair or remove fence. Inspector Guillaume stated that the case was cited on February 25, 2002. The City recommends 30 days. Mr. Foot asked about the construction material and Inspector Guillaume stated that the construction debris has been removed. Mntinn Based on the testimony and evidence presented in Case No. 02-457, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Maria M. Isma is in violation of the City of Boynton Beach Code Sections 13-16 B.B.C. of Ordinances, Chapter 15, Article IX -15-120 (D) 1, Inc. and Chapter 10 - Article II -Section 10-30. Mr. Foot moved to order that the Respondent correct the 18 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 violations on or before September 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-414 Property Address: Violations: Velma Johnson 1628 NE 15t Court Chapter 15, Article IX -15-120 (D) 1, Inc.; Please register your vehicle and make it operable ; remove storage from carport; install sod/grass in bare spots in yard and swale area. Inspector Laverdure stated that the case was originally cited on February 20, 2002. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 02-414, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Velma Johnson is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) 1, Inc. Mr. Miriana moved to order that the Respondent correct the violations on or before September 20, 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 inquired if the storage material has been removed and Inspector Laverdure responded only the grass is not in compliance. Motion seconded by Ms. Costantino and unanimously carried. Case #02-1253 Daniel T. Packard Property Address: 3440 N. Seacrest Blvd. Violations: Chapter 15, Article IX -15-120 (E) 1 and FBC '01 Edition 3401.6; Front window needs repair done to concrete blocks; replace all rotten wood around fascia, soffit to comply with Code. Inspector Laverdure stated that the case was originally cited on May 15, 2002. The City recommends 30 days. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Motion Based on the testimony and evidence presented in Case No. 02-11253, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Daniel T. Packard is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) 1, Inc. and FBC '01 Edition 3401.6. Mr. Miriana moved to order that the Respondent correct the violations on or before September 20, 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 #02-1544 Roy Bennett and Dorothea Thomas Property Address: 3244 Ocean Parkway Violations: Chapter 15, Article IX -15-120 (D) 1, Inc.; Please water and fertilize your yard; mow and de -weed yard and swale; fill in bare spots. Inspector Laverdure stated that the case was originally cited on June 13, 2002. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1544, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Roy Bennett and Dorothea Thomas are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) 1, Inc. Mr. Miriana moved to order that the Respondents correct the violations on or before September 20, 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. Costantino and unanimously carried. Case #02-1748 Alberta Hollis Property Address: 251 N. Atlantic Drive Violations: Chapter 15, Article IX -15-120 (D) 1, Inc.; Please sod area next to your driveway or obtain a permit to extend your driveway. Inspector Laverdure stated that the case was originally cited on July 11, 2002. The City recommends 30 days. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Motion Based on the testimony and evidence presented in Case No. 02-1748, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Alberta Hollis is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) 1, Inc. Mr. Foot moved to order that the Respondent correct the violations on or before September 20, 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 #02-1264 Raymond L. and Linda M. Torres Property Address: 137 NE 11th Avenue Violations: SBC '97 Edition 104.1.1; Windows and doors replaced without permits. You must secure permits and call for all permit inspections Inspector Pierre stated that the case was originally cited on May 20, 2002 through a red tag from the Building Division. The City recommends 30 days. Mr. Foot noted that the respondents were repeat violators. Motion Based on the testimony and evidence presented in Case No. 02-1264, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond L. Torres and Linda M. Torres are in violation of the SBC '97 Edition 104.1.1. Mr. Foot moved to order that the Respondents correct the violations on or before September 20, 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. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1666 Michelle L. Hubbard Property Address: 1239 Gondola Lane Violations: Chapter 15, Article IX -15-120 (D) Inc., Article XVIII, Section 3; Please de -weed and sod yard. Also, secure your pool. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Inspector Pierre stated that the case was originally cited on July 1, 2002. The City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 02-1666, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Michelle L. Hubbard is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) 1, Inc. and Article XVIII, Section 3. Mr. Foot moved to order that the Respondent correct the violations on or before September 1, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. Case #02-1777 Mark A. Wuest Property Address: 1206 SW 1St Street Violations: Chapter 15, Article IX -15-120 (D) Inc. and Section 20-6 B.B.C. of Ord.; Please mow and de -weed yard; also, remove all debris in carport and around property; R.V. needs to be parked on a hard surface and registered. Inspector Pierre stated that the case was originally cited on July 12, 2002 through a citizen's complaint. Inspector Pierre stated that the R.V. has complied. The City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 02-1777, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Alberta Hollis is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) Inc. and Section 20-6 B.B.C. of Ord. Mr. Foot moved to order that the Respondent correct the violations on or before September 5, 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. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #02-1085 MJB Chelsea LLC Property Address: 310 N. Federal Highway Violations: SBC '97 Edition 105.6; Permit #00-5320; Failure to get required inspections; See copy of red tag dated April 22, 2002 Inspector Webb stated that the case was originally cited on April 25, 2002. Service was obtained by certified mail and the City recommends September 5, 2002 for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1085, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that MJB Chelsea LLC is in violation of the City of Boynton Beach Code Sections SBC '97 Edition 105.6. Mr. Foot moved to order that the Respondent correct the violations on or before September 5, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1385 W.P. and Ella Wilfork Property Address: 528 NW 13th Avenue Violations: Section 10-3 B.B.C. of Ord., PT3-LDR, Chapter 2, Section 5.F.1, Chapter 15, Article IX -15-120 (D) AA, 120 (D) .113 and 120 (D) 1.E; Auto repair is not allowed in R-2 zone; repeat violators will be fined $250 a day. Stop doing auto repairs in this zone; Also, repair driveway and sod yard. Remove all trash and debris that are hurricane hazards. Inspector Webb stated that the case was originally cited on May 30, 2002 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 30 days. Ms. Costantino inquired if the debris has been cleaned up. Inspector Webb responded that only the front has been cleaned up. Motion Based on the testimony and evidence presented in Case No. 02-1385, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that W.P. and Ella Wilfork are in violation of the City of Boynton Beach Code 23 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Sections 10-3 B.B.C. of Ord., PT3-LDR, Chapter 2, Section 5.F.1, Chapter 15, Article IX -15-120 (D) .1A, 120 (D) .113 and 120 (D) 1.E. Mr. Miriana moved to order that the Respondents correct the violations on or before September 20, 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. Costantino and unanimously carried. Case #02-1448 Emy L. Delmonaco Property Address: 131 NE 5th Avenue Violations: Section 13-16 B.B.C. of Ord., Chapter 15, Article IX -15-120 (D) AA and 120 (D) 1.E; Please remove unlicensed and inoperable vehicle. Sod front and side yard; Occupational License is required for rental property. Inspector Webb stated that the property was originally cited on July 4, 2002 through routine neighborhood inspection. Service was obtained by posting and the City recommends thirty days for compliance. Inspector Webb stated that the trash has complied, but the other violations still exist. Motion Based on the testimony and evidence presented in Case No. 02-1448, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Emy L. Delmonaco is in violation of the City of Boynton Beach Code Section 13-16 B.B.C. of Ord. Chapter 15, Article IX -15-120 (D) .1A and 120 (D) 1.E. Ms. Costantino moved to order that the Respondent correct the violations on or before September 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #02-1449 NationsBank Mortgage Corp. Property Address: 141 NE 5th Avenue Violations: PT3-LDR, Chapter 20 -VIII, Section 1.G and Chapter 15, Article IX -15-120 (D) AA. Please re -secure house to prevent entry by the public. Remove all loose trash and debris. Mow weeds and trim bushes. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Inspector Webb stated that the property was originally cited on July 4, 2002 through routine neighborhood inspection. Service was obtained by posting and the City recommends 15 days for compliance. Inspector Webb stated that the property is not secured. Mn+inn Based on the testimony and evidence presented in Case No. 02-1449, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that NationsBank Mortgage Corp. is in violation of the City of Boynton Beach Code Section PT3-LDR, Chapter 20 -VIII, Section 1.G and Chapter 15, Article 1X- 15-120 (D) .1A. Mr. Miriana moved to order that the Respondent correct the violations on or before September 5, 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 #02-1548 Johnny and Betty Barber Property Address: 111 NE 9th Avenue Violations: Chapter 15, Article IX -15-120 (D) .1 B, 120 (D) 1.E and 15-16 B.B.C. of Ord.; House number required. Sod all bare areas in yard and swale. Repair fence. Repeat violations can be assessed with a $250 per day fine. Inspector Webb stated that the property was originally cited on June 13, 2002 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends 30 days for compliance. Mr. Foot inquired if the respondents were repeat violators and Inspector Webb stated that the property has been cited 12 times and the current property owners have been cited three times. Motion Based on the testimony and evidence presented in Case No. 02-1548, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Johnny and Betty Barber are in violation of the City of Boynton Beach Code Chapter 15, Article IX -15-120 (D) .1 B, 120 (D) 1.E and 15-16 B.B.C. of Ord. Mr. Foot moved to order that the Respondent correct the violations on or before September 20, 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 25 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-777 John D. Aho Property Address: 510 NE 22"d Avenue Violations: Chapter 15, Article IX -15-120 (B) .1. Remove all loose trash and debris from east swale on NE 4th Street; install grass where bare spots occur Inspector Melillo stated the property was cited on March 25, 2002 through a neighborhood complaint. Service was accomplished by certified mail and the City recommends 30 days for compliance. Mr. Foot inquired if the trash has been cleaned up. Inspector Melillo stated that it has, but there are still some debris and hedges that need to be removed. The debris was not a hurricane hazard. Motion Based on the testimony and evidence presented in Case No. 02-777, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that John D. Aho. is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (B).1. Mr. Miriana moved to order that the Respondent correct the violations on or before September 20, 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 #02-954 Alfred E. and Beverly F. Parker Property Address: 1931 NE 2"d Lane Violations: Chapter 15, Article IX -15-120 (D), Inc. Remove all unregistered/inoperable motor vehicles. Inspector Melillo stated that the case was originally cited on April 10, 2002 through routine inspection of the neighborhood. Service was accomplished by certified mail and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 02-954, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Alfred E. and Beverly F. Parker are in violation of the City of Boynton Beach 26 Meeting Minutes Code Compliance Board Boynton Beach, Fl- August 21, 2002 Code Chapter 15, Article IX -15-120 (D), Inc. Mr. Miriana moved to order that the Respondent correct the violations on or before September 5, 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. Costantino and unanimously carried. Case #02-1355 Jeffrey Edwards Property Address: 232 NE 21St Avenue Violations: Chapter 15, Article IX -15-120 (D), Inc. and 13-16 B.B.C. of Ord. De -weed north swale and renew rock. Install grass in yard and swale. Obtain a single-family rental Occupational License and Inspection. Inspector Melillo stated that the case was originally cited on May 29, 2002 through routine inspection of the neighborhood. Service was accomplished by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1355, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Jeffrey Edwards in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D), Inc. and 13-16 B.B.C. of Ord. Mr. Miriana moved to order that the Respondent correct the violations on or before September 20, 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 #02-1617 Sherleen Riley Property Address: 1390 NW 1St Court Violations: Chapter 15, Article IX -15-120 (D), Inc. and 120 (E) 2A. Remove all loose trash in swale and yard. Install grass in yard and swale; paint your house. Inspector Melillo stated that the case was originally cited on June 25, 2002 through a neighborhood complaint. Service was accomplished by certified mail and the City recommends 90 days. Inspector Melillo pointed out that the respondent will have to apply for assistance and needs time. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Motion Based on the testimony and evidence presented in Case No. 02-1617, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Sherleen Riley is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D), Inc. and 120 (E) 2A. Mr. Miriana moved to order that the Respondent correct the violations on or before November 20, 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 #02-120 Carder T. Peebles Property Address: 121 W. Ocean Avenue Violations: SBC '97 Edition 104.1.1. Please provide permits and inspections for the new A/C system. See copy of red tag 98-2304. Inspector Lewis presented the case and stated that the City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-120, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Carder T. Peebles is in violation of the SBC '97 Edition 104.1.1. Ms. Costantino moved to order that the Respondent correct the violations on or before September 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-441 Stewart M. Semple & Theresa M. Granatella Property Address: 142 SE 13th Avenue Violations: Section 10-52 B.B.C. of Ord. and Chapter 15, Article IX -15-120 (D) 1, Inc. Please remove all outdoor stored materials (hot tub, construction material, etc.) from the front, rear and side yard areas. Inoperative vehicles also need to be removed. Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Inspector Lewis presented the case and the City recommends 30 days for compliance. Inspector Lewis noted that most of the materials have been cleaned up. The respondent was present earlier and thought that he had complied. Motion Based on the testimony and evidence presented in Case No. 02-441, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Stewart M. Semple and Theresa M. Granatella are in violation of the City of Boynton Beach Code Section 10-52 B.B.C. of Ord. and Chapter 15, Article 1X-15- 120 (D) 1, Inc. Mr. Miriana moved to order that the Respondent correct the violations on or before September 30, 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. Costantino and unanimously carried. Case #02-1217 Dennis F. Shedmerdine Property Address: 111 SW 10th Avenue Violations: Chapter 15, Article IX -15-120 (D) 1, Inc. Please mow and de -weed all yard areas. Remove any trash and debris. Sod needs to be installed in dead areas of the front yard. Inspector Lewis presented the case and stated that the City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1217, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Dennis F. Shedmerdine is in violation of the City of Boynton Beach Code Chapter 15, Article IX -15-120 (D) 1, Inc. Ms. Costantino moved to order that the Respondent correct the violations on or before September 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1501 John and Shari Fitzpatrick Property Address: 103 SE 5th Avenue Violations: SBC '97 Edition 105.6; Required inspections and final inspection needed to Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 comply with permit #00-2758. See copy of red tag dated May 6, 2002. Inspector Lewis presented the case compliance. Motion The City recommended 30 days for Based on the testimony and evidence presented in Case No. 02-1501, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that John and Shari Fitzpatrick are in violation of the SBC '97 Edition 105.6. Mr. Miriana moved to order that the Respondent correct the violations on or before September 30, 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. Costantino and unanimously carried. Case #02-1534 Robert Richardson Property Address: 306 SE 10th Avenue Violations: FBC '01 Edition 104.1.1. Please apply for and receive a building permit or remove the canopy structure from the property. Inspector Lewis presented the case compliance. Motion The City recommends 15 days for Based on the testimony and evidence presented in Case No. 02-1534, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Robert Richardson is in violation of the City of Boynton Beach Code Section FBC '01 Edition 104.1.1. Mr. Foot moved to order that the Respondent correct the violations on or before September 5, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1535 Pierre Louis Annaise Property Address: 221 SW 1St Avenue Violations: Chapter 15, Article IX -15-120 (D) 1, Inc.; Please remove all inoperable vehicles from the property. 30 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Inspector Lewis presented the case compliance. Motion The City recommends 15 days for Based on the testimony and evidence presented in Case No. 02-1535, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Pierre Louis Annaise is in violation of the 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 violations on or before September 5, 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 Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #02-1566 Scott R. and Janine E. Brown Property Address: 115 SW 3`d Street Violations: SBC '97 Edition 105.6. Permit #00-3549 — Contact Building Division to comply with red tag dated August 8, 2000. remove all inoperable vehicles from the property. Inspector Lewis presented the case. The respondent was present earlier but could not stay and requested 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1566, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Scott R. and Janine E. Brown are in violation of the City of Boynton Beach Code Section SBC '97 Edition 105.6. Ms. Costantino moved to order that the Respondent correct the violations on or before September 20, 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 Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #02-1614 Auguste Dieujuste Property Address: 134 SE 7th Avenue Violations: Chapter 15, Article IX -15-120 (D) 1, Inc. and 10-52 B.B.C. of Ord.; Please mow and de - weed all yard areas. Remove all trash, debris and inoperable vehicles from the property. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Inspector Lewis presented the case. The only violation remaining is the inoperable vehicle and the City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 02-1614, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Auguste Dieujuste is in violation of the 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 violations on or before September 5, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #02-1636 PCA Holdings Property Address: 136 SW 2"d Avenue Violations: Section 10-3 B.B.C. of Ord., Chapter 15, Article IX -15-120 (D) 1, Inc., 120 (E) 2A and FBC '01 ED 104.1.1; Please mow and de - weed all yard areas. Remove all trash and debris. House needs to be painted. Non - permitted hazardous shed needs to be removed from the property. Inspector Lewis presented the case. The property appears to be vacant and the City recommends 15 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1636, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that PCA Holdings is in violation of the City of Boynton Beach Code Section 10-3 B.B.C. of Ord., Chapter 15, Article IX -15-120 (D) 1, Inc., 120 (E) 2A and FBC '01 ED 104.1.1. Ms. Costantino moved to order that the Respondent correct the violations on or before September 5, 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. W, Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #02-1667 Property Address: Violations: Lucio Lozano 212 W. Ocean Avenue Section 10-52 B.B.C. of Ord., Chapter 15, Article IX -15-120 (D) 1, Inc. Please remove inoperable vehicles, all auto parts, trailer parts, tires, trash and debris from the property. Mow and trim all overgrown weeds, grass, and trees. Sod needs to be installed in dead areas of the front yard Inspector Lewis presented the case. compliance. Motion The City recommends 30 days for Based on the testimony and evidence presented in Case No. 02-1667, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Lucio Lozano is in violation of the City of Boynton Beach Code Section 10-52 B.B.C. of Ord. and Chapter 15, Article IX -15-120 (D) 1, Inc. Mr. Miriana moved to order that the Respondent correct the violations on or before September 20, 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. Mr. Foot inquired about the debris and Inspector Lewis stated that a great deal has been removed and the only item remaining is the car. Case #02-1684 Chase Mortgage Co. Property Address: 1012 SE 3'd Street Violations: Chapter 15, Article IX -15-120 (D) 1, Inc. Please remove inoperable vehicle from the property. All overgrown weeds, grass and shrubs need to be mowed and trimmed. Inspector Lewis presented the case. compliance.. Motion The City recommends 15 days for Based on the testimony and evidence presented in Case No. 02-1684, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Chase Mortgage Co. is in violation of the City of Boynton Beach Code Section Chapter 15, Article IX -15-120 (D) 1, Inc. Mr. Miriana moved to order that Oc3 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 the Respondent correct the violations on or before September 5, 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. LIEN PENALTY CERTIFICATIONS Inspector Lewis reported that the City recommends certifying the fines in the following cases: Page 60, (Case #01-1874), Joseph Vitay & Marie Wright Page 62, (Case #01-3105), Wanda Robinson Page 63, (Case #02-757), Ronald Williams Page 64, (Case #02-790), Ronald Williams Page 65, (Case #02-758), Michael Watts Page 66, (Case #02-475), CitiMortgage, Inc. Page 67, (Case #02-477), Raymond & Linda Murphy -Torres Page 68, (Case #02-1230), Eric Stevens Page 69, (Case ##00-1722), Gerald Fasolo Page 71, (Case #02-845), Joseph & Joceline Jean Page 72, (Case #02-851), Darvin Russell Page 75, (Case #02-889), John & Dawn Mlodzianowski Page 77, (Case #02-280), Braulio Castillo Page 86, (Case #02-875), Richard Jones Case #01-1874 Joseph Vitay & Marie Wright 426 NW 8th Ave. Motion Based on the testimony and evidence presented in Case No. 01-1874 and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Joseph Vitay and Marie Wright have 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 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. Costantino and unanimously carried. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #01-3105 Wanda Robinson 1202 NW 4th Street Motion Based on the testimony and evidence presented in Case No. 01-3105 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Wanda Robinson 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. Motion seconded by Ms. Costantino and unanimously carried. Case #02-757 Ronald Williams 2410 NE 3rd Street Motion Based on the testimony and evidence presented in Case No. 02-757 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Ronald Williams has violated this Board's prior Order of June 19, 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. Costantino and unanimously carried. Case No. 02-790 Motion Ronald Williams 2612 NE 3rd Court Based on the testimony and evidence presented in Case No. 02-790 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Ronald Williams has violated this Board's prior Order of June 19, 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. Costantino and unanimously carried. 35 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #02-758 Motion Michael Watts 2422 NE 3rd Street Based on the testimony and evidence presented in Case No. 02-758 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Michael Watts has violated this Board's prior Order of June 19, 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. Costantino and unanimously carried. Case #02-475 CitiMortgage, Inc. 2891 NE 5th Court Motion Based on the testimony and evidence presented in Case No. 02-475 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that CitiMortgage, Inc. has violated this Board's prior Order of June 19, 2002, and this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Costantino and unanimously carried. Case #02-477 Raymond & Linda Murphy -Torres 301 NE 27th Ct. Motion Based on the testimony and evidence presented in Case No. 02-477 and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Raymond and Linda Murphy -Torres has 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. Motion seconded by Ms. Costantino and unanimously carried. KW Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #02-1230 Eric Stevens 151 Ocean Parkway Motion Based on the testimony and evidence presented in Case No. 02-1230 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Eric Stevens has violated this Board's prior Order of June 19, 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. Costantino and unanimously carried. Case #00-1722 Motion Gerald Fasolo 1503 NE 4th Court Based on the testimony and evidence presented in Case No. 00-1722 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Gerald Fasolo 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. Costantino and unanimously carried. Case #02-845 Joseph & Joceline Jean 1790 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case No. 02-845 and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Joseph and Joceline Jean have violated this Board's prior Order of June 19, 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. Costantino and unanimously carried. 37 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #02-851 Motion Darvin Russell 1920 N. Seacrest Blvd. Based on the testimony and evidence presented in Case No. 02-851 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Darvin Russell has violated this Board's prior Order of June 19, 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. Costantino and unanimously carried. Case #02-889 John & Dawn Mlodzianowski 3615 S. Lake Drive Motion Based on the testimony and evidence presented in Case No. 02-889 and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that John and Dawn Mlodzianowski have violated this Board's prior Order of June 19, 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 comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Costantino and unanimously carried. Case #02-280 Braulio Castillo 3200 Orange Street Motion Based on the testimony and evidence presented in Case No. 02-280 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Braulio Castillo has violated this Board's prior Order of June 19, 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. Costantino and unanimously carried. M Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #02-875 Richard Jones 905 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case No. 02-875 and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Richard Jones has violated this Board's prior Order of June 19, 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. Costantino and unanimously carried. Inspector Lewis reported that staff recommends certifying no fine in the following cases. These violations were brought into compliance prior to the meeting, but subsequent to order date. Page 58, (Case #01-3070), Annette Harrell Page 59, (Case #02-373), Jeffrey and Juanita Rubenstein Page 62, (Case #01-3105), Wanda Robinson Page 73, (Case #02-953), Earnestine Waters Page 76, (Case #01-3394), Jordan Silvia & Felix Sierra Page 82, (Case #02-578), Lawrence & Joann Zuccala Page 85, (Case #02-812), Joseph Carl Henry Inspector Lewis noted that Page 62, (Case #01-3105), Wanda Robinson, has complied and staff recommends no fine. Attorney Tolces stated that a motion to reconsider the certification of the fine in Case #01-3105 would be in order since the property has complied. Motion Mr. Foot moved to reconsider Case #01-3105. Motion seconded by Ms. Costantino and unanimously carried. Case #01-3105 Wanda Robinson 1203 NW 4th Street Motion Based on the testimony and evidence presented in Case No. 02-3105, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Wanda Robinson, was in violation of Code Sections Chapter 15, Article IX -15-120 (D) 1.A and (D) 1.D, 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, but that this Board impose and certify no 39 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 fine or administrative unanimously carried. Case #01-3070 Motion costs. Motion seconded Annette Harrell by Ms. Costantino and 391 NE 28th Court Based on the testimony and evidence presented in Case No. 01-3070, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Annette Harrell, was in violation of Code Sections Chapter 15, Article IX -15-120 (D), Inc. subsequent to the date of compliance specified in this Board's Order of January 16, 2002. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, but that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Costantino and unanimously carried. Case #02-373 Jeffrey & Juanita Rubenstein 240 N. Palm Dr. Motion Based on the testimony and evidence presented in Case No. 2-373, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Jeffrey and Juanita Rubenstein, were in violation of Code Sections Chapter 15, Article 1X-15- 120 (D) 1, Inc., subsequent to the date of compliance specified in this Board's Order of May 15, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, but that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Costantino and unanimously carried. Case #02-953 Earnestine Waters 160 NE 19th Avenue Motion Based on the testimony and evidence presented in Case No. 02-953, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Earnestine Waters, was in violation of Code Sections Chapter 15, Article IX -15-120 (D), Inc. subsequent to the date of compliance specified in this Board's Order of June 19, 2002. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, but that this Board impose and certify no fine or administrative costs. 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Senn 'eaJa!S x!Ia:j '8 elnl!S uepior 'sjuapuodsa�j aqj jegj '10el 10 a9:4ew a se 'pug paeo8 slgj Iegj panow 100=1 'JW `t,6EE-W 'ON aseo ul pa}uesaid aouap!na pue AUOLUIIs91 aqj uo pase8 UU14un 'aa o!;UBI '3 OSZ£ eaaalS xlla=l le BIAIIS uepior 176££-L0# aseo ZOOZ `�Z jsn6nv -1.1 'yoeaa uojuAoq pjeo8 aoueildwo3 opoo se4nuiw 6ui4aaw Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2002 Case #01-2254 Town Tavern, Inc. 512 N. Federal Highway Motion Mr. Foot moved that Case No. 01-2254 be tabled until the Code Compliance Board Meeting to be held on September 18, 2002. Motion seconded by Ms Costantino and unanimously carried. Case #02-785 Motiva Enterprises 301 N. Congress Avenue Motion Mr. Foot moved that Case No. 02-785 be tabled until the Code Compliance Board Meeting to be held on September 18, 2002. Motion seconded by Ms Costantino and unanimously carried. FORECLOSURES Motion Mr. Foot moved to authorize the City Attorney to proceed on foreclosures as listed below. Ms. Costantino seconded the motion that unanimously carried. Lillian Mayhew, Sr. Khadine Earle Lisha Thompson Rose Exantus & Amos Isaac Sadrac Baptiste James Clark Toys R Us Walter Kendrick Karl Hoffman VII. ADJOURNMENT Case #01-3059 Case #01-3159 Case #01-2725 Case #01-2563 Case #01-2945 Case #01-3029 Case #01-3117 Case #01-2517 Case #01-3383 There being no further business, the meeting properly adjourned at 9:35 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) (September 6, 2002) 42