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Minutes 09-18-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, SEPTEMBER 18, 2002, AT 7:00 P.M. Present Chris DeLiso, Chairman Bob Foot James Miriana Enrico Rossi Tom Walsh Dee Zibelli Michele Costantino, Alternate Absent Patti Hammer, Vice Chair Dave Rafkin, Alternate I. Call to Order Chairman DeLiso called the meeting to order at 7:00 p.m. David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Inspectors: Luney Guillaume Richard Laverdure Skip Lewis Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb II. Approval of Minutes of August 21, 2002 & July 17, 2002 Motion Mr. Rossi moved to accept the minutes of August 21, 2002 as presented. Mr. Foot seconded the motion but made two amendments. On the top of page 14, the motion was seconded by Ms Costantino and carried unanimous/y. On page 16 in the motion at the bottom of the page, Mr. Foots name in the body of the motion should be changed to Mr. Miriam. The motion carried 7-0. The Board members were given a copy of changes that were made to the minutes of July 17, 2002. Motion Mr. Foot moved to accept the minutes of July 17, 2002 as amended. Ms. Zibelli seconded the motion that carried 7-0. III. Approval of Agenda Inspector Roy requested that the following changes be made to the agenda: Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 A. Page 3 (Case #02-780) Donna & Michael Ledet, complied B. Page 4 (Case #02-1050) Mona Montinard & Louis Wilmerson, complied C. Page 11 (Case #02-2199) Chackman Motels, removed D. Page 12 (Case #02-1898) Dominguez Marcelino, complied E. Page 13 (Case #02-1934) Keri Alford, removed F. Page 18 (Case #02-1914) WalMart Stores East #2789, complied G. Page 20 (Case #02-1960) Harbor Financial Mortgage Corp., complied H. Page 24 (Case #02-1322) Jeffrey & Sandra Johnson, complied I. Page 25 (Case #02-1428) Kenneth Wonnacott, complied J. Page 27 (Case #02-1589) John Costanzo, complied J. Page 34 (Case #02-1555) Edna Nickles Est., complied K. Page 34 (Case #02-1890) Emile Massaro, complied Motion Mr. Rossi moved to accept the agenda as amended. Ms. Costantino seconded the motion that carried 7-0. IV. Swearing in of Witnesses and Introduction Inspector Roy called the roll. The Recording Secretary administered the oath to all persons who would be testifying. Chairman DeLiso explained the plea system to the audience. V. New Business A. Cases to be Heard Case #02-1629 Jean Morisset Property Address: 211 N. E. 27th Avenue Violation(s): Chapter 15, Article IX -15-120 (D) 1 Inc. Mow overgrown grass; install sod in dead area of yard and swale; remove all unlicensed/ inoperable vehicles. Inspector Guillaume presented this case. He stated that the only item that remained was to plant grass in the swale. Jean Morisset, 211 N.E. 27th Avenue, Boynton Beach, pled No Contest and requested 90 days. He explained that he was not working. Motion Based on the testimony and evidence presented in Case No. 02-1629, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Jean Morisset is in violation of City of Boynton Beach Code Section Chapter 15, Article IX -15-120 (D) 1 Inc. Mr. Foot moved to order that the Respondent correct the violation on or before November 17, 2002. If the 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Case #01-312 Johnny & Linda Waters Property Address: 1635 N.E. V Street Violation(s): Chapter 15, Article IX -15-120 (D) Inc. Remove all unregistered/ inoperable motor vehicles. Remove all trash and debris. Stop dumping trash on neighbor's swale. Repair window. Install grass in yard and swale. Inspector Melillo presented the case. Complaints have been received from the neighbors and many complaints have come through the City Manager's office. The case was originally cited on June 9, 2001. The Code Compliance Board referred the case to the Community Redevelopment Division at a previous meeting. The Community Redevelopment Division visited the house and determined that the house would cost over $40,000 to repair — more than half of the entire value of the house. They were working with the Waters to try to get the property refinanced with the City putting in $20,000 and the Waters providing $20,000 through refinancing. The Respondents had mowed the lawn and moved some of the cars but many of the violations still exist. An engine hoist and other car parts are in the carport and must be removed. The yard still needs grass. Linda Waters, 1635 N.E. 3'd Street, Boynton Beach, stated that they removed the cars and mowed the lawn. She pled No Contest. She believed that the only thing remaining to be done was to fix the window. The financing did not work out. She tried to get a loan to fix the windows but could not. She stated that they just wanted money from Community Redevelopment to fix the windows and roof and not to renovate the entire house for $40K. Chair DeLiso asked Ms. Waters about the car parts that appeared in the current pictures. She stated that she had to wait until she could get someone to come in and take the car parts away. Ms. Waters stated that her van had insurance and a tag but she kept the tag inside since she did not want anyone to steal it. Inspector Melillo asked if the Monte Carlo vehicle were still there and she responded that it was. The person Inspector Melillo had suggested to tow it away was unable to do it because he had car trouble. Mr. Foot suggested a motion for 90 days to give the Respondent sufficient time to come into compliance. He noted that the citation did not cover the condition of the house. He believed that the owners could handle the items that remained to be done. He also noted that the citation was for one window. Motion Based on the testimony and evidence presented in Case No. 01-312, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Johnny L. & Linda A. Waters are in violation of City of Boynton Beach Code Section Chapter 15, Article IX -15-120 (D) Inc. Mr. Foot moved to order that the Respondents correct the violation on or before December 18, 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 6-1, Ms. Zibelli dissenting. Case #02-999 Keith & Donna Whartenby Property Address: 7260 Chesapeake Circle Violation(s): SBC 1997 Edition 104.6.1 Permit #00-4568 -- Barrier screen enclosure not complete. Inspector Cain presented this case. He stated that the barrier screen around their pool was in place but the bottom four feet of it was not of the strength required by Code. Keith & Donna Whartenby, 7260 Chesapeake Circle, Boynton Beach, pled No Contest and asked for 90 days. They had to ask for assistance from the Department of Business and Professional Regulation to get the Contractor to finish the work, including changing the material used in this screen. Mr. Foot asked what was being done at present to keep children out of the pool. Ms. Whartenby stated that they had alarms on the doors. Mr. Foot was concerned about safety and liability. Mr. Rossi stated that the grade of screen that had been put in had probably been acceptable several years ago but could not meet today's more stringent Code. He thought that the screen would suffice for 90 days. Motion Based on the testimony and evidence presented in Case No. 02-999, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Keith & Donna Whartenby are in violation of Boynton Beach Code Section SBC 1997 Edition 104.6.1. Mr. Walsh moved to order that the Respondents correct the violation on or before December 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 7-0. Case #02-2009 Bradley Stocker Property Address: 312 S.W. 9t' Avenue Violation(s): Florida Building Code, 2001 Edition 104.1.1; Chapter 15, Article IX -15-120 (D) 1 Inc. Resod excavated areas of the yard and swale. Permit required for a new driveway. Inspector Lewis presented this case. The property was cited on August 6, 2002 for the violations as cited above. Inspector Lewis asked if this case and Mr. Stocker's other case, a lien certification, could be heard at the same time. This was acceptable to the Board. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Bradley Stocker, 312 S.W. 9th Avenue, Boynton Beach, asked for an extension of 90 days. He stated that he had just taken possession of this property and was deciding whether to use pavers or rip up the driveway. Chair DeLiso asked and received confirmation that a 90 -day extension would be acceptable to Inspector Lewis. Chair DeLiso also reminded Mr. Stocker that he would need to get a permit for the driveway. Motion Based on the testimony and evidence presented in Case No. 02-2009, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Bradley Stocker is in violation of City of Boynton Beach Code Section Chapter 15, Article IX -15-120 (D) 1 Inc. Mr. Foot moved to order that the Respondent correct the violation on or before December 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Lien Penalty Certification Case #02-603 Bradley Stocker 148 S.W. 14th Avenue 312 S.W. 9th Avenue Boynton Beach, Florida Inspector Lewis presented the case. The original notice of violation was on March 13, 2002. Mr. Stocker appeared at the Code Compliance Board hearing on May 15, 2002. A compliance date was set by the Board of August 14, 2002 and the property had not yet come into compliance. Bradley Stocker, 312 S.W. 9th Avenue, Boynton Beach, stated that he had been in a bad car accident. He thought that he could fix the violation himself but it became too complicated. He hired a contractor to complete the work and the contractor absconded with his money. He hired another contractor today. Mr. Foot inquired whether there were any safety hazards and Inspector Lewis responded that if there were, they were inside and no one was living in that part of the house. It is a garage that was converted to a living area. Motion Mr. Foot moved to table Case No. 02-603 to the Code Compliance Board meeting of December 18, 2002. Mr. Walsh seconded the motion that carried 7-0. A. Cases to be Heard (continued) Case #02-1868 Church of God in Christ Property Address: 340 N.E. 12th Avenue Violation(s): SBC 1997 Edition 105.6 Permit #0267, Red Tag from BIdg.Div. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Inspector Webb presented this case. The original notice of violation was on July 22, 2002. Service was obtained by certified mail. Burnett Bell, 219 6th Avenue, Boynton Beach, representing the Church of God in Christ, pled No Contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1868, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that the Church of God in Christ is in violation of City of Boynton Beach Code Section SBC 1997 Edition 105.6. Mr. Foot moved to order that the Respondent correct the violation on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-1588 Property Address: Violation(s): Karla Kayser 120 N.W. 4th Avenue Part 3, Land Development Regulations, Chapter 20- VIII. Section 2.A; Chapter 15, Article IX -15-120 (D) & (E) Inc. Sod areas void of grass. Finish paint on house. Repair roof leaks. Repair cracks in walls and ceiling. Replace any rotted wood. Replace front door and threshold. Repair broken window and screen. Replace broken exterior light fixture. Inspector Pierre presented this case. The original notice of violation was on June 20, 2002. The tenant identified the violations. Karla Kayser, 1084 Anchor Point, Delray Beach, stated that the house was for sale and was being sold in an "as is" condition. The front door would be repaired but there were no leaks in the ceiling or the roof. The house just passed inspection for insurance and a mortgage just one year ago. She believed that the tenants had overstated the conditions and had moved without paying their rent. The new owners will paint the house. Ms. Kayser stated that the tenants had trashed the house. She realized that they had health issues and felt that she had been extremely lenient with them. She put up the deposit for their water bill and paid their water bill every month. Inspector Pierre shared pictures of the property with the Board. Mr. Foot expressed concern about the effect this property had on the neighborhood. He thought that the condition of the property might be devaluing the property of others in the neighborhood that might wish to sell. L Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Mr. Miriana asked Ms. Kayser how much time she needed. Ms. Kayser stated that the house was clean. She planned to repair the door and that was all. Chair DeLiso asked Ms. Kayser if she had a contract on the property and she replied that she did not. Motion Based on the testimony and evidence presented in Case No. 02-1588, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Karla Kayser is in violation of City of Boynton Beach Code Part 3, LDR, Chapter 20, VIII. Section 2A and Chapter 15, Article IX -15-120 (D) Inc and (E) Inc. Mr. Foot moved to order that the Respondent correct the violations on or before December 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Rossi seconded the motion that carried 7-0. Case #02-1909 Ezekiel & Helen Harrington Property Address: 118 N.E. 61h Avenue Violation(s): 13-16 B.B.C. of Ord; SBC 1997 Ed 103.5; Chapter 15, Article IX -15-120 (D) Inc. & (E) 2C; Part 3, LDR. Chapter 20, VIII. Section 2.B. 1) No water in house. Unsafe and unsanitary. Washing machine must be properly connected. 2) Remove all trash and debris from property. Remove unregistered/ inoperable vehicle in carport. Also, mow yard. Sod front and back yard. 3) Repair or replace all broken windows and screens. 4) An occupational license is required for rental property. 5) Repair or replace all unsafe electrical wires and broken light fixtures. Inspector Pierre reported that the original notice of violation had been on July 24, 2002. It was a result of a complaint from the Police Department. Inspector Pierre stated that there was water in the house now so that violation had been corrected. Helen & Ezekiel Harrington, 308 N.W. 12"' Avenue, Boynton Beach, pled No Contest. She stated that some of the violations were not correct. Her daughter lives in the house and she did not believe that she had to have an occupational license to allow her daughter to live in her house. The Board agreed. Ms. Harrington stated that the vehicle in her carport was running and was registered but did not have a tag because the tag was stolen. The vehicle belongs to her son who is in prison. She had covered it up. Ms. Costantino asked Ms. Harrington if she had a Police report for the stolen tag and Ms. Harrington replied that she did not. The Board advised her that she would need to get this and also that she could put the tag in the vehicle's window and not on the vehicle. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Ms. Harrington stated that she had replaced her lawn last year and three days after putting in the grass, the water restrictions came into effect. She could not afford to replace the grass again. Chair DeLiso asked Ms. Harrington how much time she needed. Ms. Harrington stated that the issue was not time but money. Chair DeLiso asked if she could deed the property over to her daughter, who might be able to get assistance from the Community Redevelopment Agency. As a landlord, the City would not be able to help the Harringtons. Ms. Harrington stated that her daughter has a broken arm and does not have a job. Mr. Harrington asked if they would be allowed to xeriscape the yard instead of putting sod on it. The area that needed grass was a shaded one. Mr. Foot thought that they could work with the City on xeriscaping. Mr. Foot inquired about what trash and debris was left on the property, if any. Inspector Pierre presented a photograph to the Board that showed trash in the yard. Ms. Harrington stated that the trash was set outside waiting to be picked up by the City during its regular garbage pickup schedule. Chair DeLiso asked the Harringtons how much time they would need to register and tag the vehicle, get a Police report for the stolen tag, and do the xeriscaping in the yard. Ms. Harrington stated that 90 days should be sufficient. Chair DeLiso left the dais and passed the gavel to Ms. Zibelli. Ms. Zibelli was concerned about the repair and replacement of all unsafe electrical wires and broken light fixtures. She asked if they were fixed. Inspector Pierre responded that there were still some wires that were not fixed. Ms. Zibelli was concerned that if the house were to catch on fire, other houses in the neighborhood could be threatened. Ms. Harrington stated that FPL had disconnected their electricity. She stated that there was nothing in the world that said that you could not live without electricity. She asked if there were a law about living without lights. Mr. Blasie stated that the City Code and the Building Code both prohibited people from living in structures without electricity. Mr. Foot asked whether the meter box had been covered after FPL had disconnected the electricity. Inspector Pierre responded that it was not covered but there was no power. Chair DeLiso returned to the dais and resumed chairing the meeting. Motion Based on the testimony and evidence presented in Case No. 02-1909, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Ezekiel & Helen Harrington are in violation of Boynton Beach Code Section 13-16 B.B.C. of Ord; SBC 1997 Ed 103.5; Chapter 15, Article IX -15-120 (D) Inc. & (E) 2C; Part 3, LDR, Chapter 20, VIII. Section 2.B. Ms. Costantino moved to order that the Respondents correct the violations on or before December 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of E Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Rossi seconded the motion. Mr. Miriana thought the property was unsafe and uninhabitable. He did not understand how the Board could allow them to continue living in the property. Mr. Foot requested a formal amendment to the motion to obtain compliance by October 18, 2002 and this request was not seconded. Chair DeLiso called the question and the motion carried 7-0. Case #02-1714 Property Address: Violation(s): Marie N. Pierre 2970 S.E. 1st Place Chapter 15, Article IX -15-120 D) & (E) Inc. Repair and clean roof. Remove all inoperable cars from property. Maintain yard per City Codes. Inspector Roy presented the case. The original notice of violation was on July 9, 2002. Service was obtained by posting. The only item not in compliance is the roof repair. Marie Pierre, 2970 S.E. 1st Place, Boynton Beach, pled No Contest and asked for 30 days. She stated that she had an estimate to do the roof and she would see that the roof was repaired. Chair DeLiso advised Ms. Pierre that she would need to obtain a permit for the roof and Ms. Pierre understood. Motion Based on the testimony and evidence presented in Case No. 02-1714, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Marie Pierre is in violation of City of Boynton Beach Code Chapter 15, Article IX -15-120 (D) & (E) Inc. Mr. Foot moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion. that EaFFied 7 ^ The Vote was 6-1, Mr. Mariana dissenting Case #02-1894 Bathol Saintely & Nedor Hyacinthe Property Address: 179 S.E. 27"' Place Violation(s): Chapter 15, Article IX -15-120 (D) Inc. Remove inoperable vehicle. De -weed driveway. E Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Inspector Roy stated that this property had originally been cited on July 24, 2002. Bathol Saintely, 179 S.E. 27th Place, Boynton Beach, pled No Contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1894, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Bathol Saintely is in violation of City of Boynton Beach Code Chapter 15, Article IX -15-120 (D) Inc. Mr. Miriana moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Lien Penalty Certifications (Continued) Case #01-2608 Ernestine Bush 2190 N.E. 1st Lane 5426 Benjamin Avenue Boynton Beach, FI. Inspector Melillo stated that the original notice of violation date had been October 1, 2001. Ms. Bush did not attend the Code Compliance Board hearing on January 16, 2002. The Board set a date for compliance of February 15, 2002 or a fine of $25.00 per day. The property had not yet come into compliance and there were 215 days of non-compliance. They had been working with the contractor to get the property under control by installing a new driveway and putting in grass and cleaning it up. They have had a lot of problems with the survey and contractor. The City recommended tabling the case for 60 days. Vincent Wheeler, 5426 Benjamin Avenue, Boynton Beach, stated that he had problems getting a survey and permits. He now has a permit and thought he could do the driveway and painting in sixty days. Motion Mr. Foot moved to table Case No. 01-2608 until the Code Compliance Board meeting of November 20, 2002 with a proviso that Mr. Wheeler confirm that he realizes that the fine is running at $25.00 a day. Ms. Costantino seconded the motion. The motion carried 7-0. Mr. Wheeler stated that he understood. Case #02-835 J. Francois & Marie Marcellus 203 S.E. 4th Avenue 7723 4th Terrace Lake Worth, Florida Inspector Lewis presented this case. The notice of violation date was April 1, 2002. A Code Compliance Board hearing was held on June 19, 2002 and Respondents appeared. A compliance date and proposed fine were set by Board of July 19, 2002 or $25.00 per day. The 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 property came into compliance on August 22, 2002 and there were 33 days of non-compliance. The City recommended no fine. Marcellus Francois, 7723 4th Terrace, Lake Worth, Florida, stated that the property had never been cited before. There had just been a lot of rain that had damaged the lawn. Motion Based on the testimony and evidence presented in Case No. 02-835, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, J. Francois & Marie Marcellus, were in violation of Code Sections No. Chapter 15, Article IX -15-120 (D) 1 Inc., subsequent to the date of compliance specified in this Board's Order of June 19, 2002. Mr. Foot moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0 including administrative fees. Mr. Miriana seconded the motion that carried 6-1, Ms. Zibelli dissenting. Case #01-3453 Walter Kendrick 222 N.E. 13th Avenue Inspector Webb reported that the original notice of violation was issued on December 19, 2001. A Code Compliance Board hearing was held on April 17, 2002 and Mr. Kendrick did not appear. The Board set a compliance date of May 17, 2002 and a fine of $25.00 per day if not brought into compliance by that date. The property is not in compliance and there have been 124 days of non-compliance. The occupational license portion of the case has been brought into compliance. The item in question is an inspection of a door and two windows that had been fixed. Eva Kendrick, 181 N.E. 19th Avenue, Boynton Beach, stated that she had not gotten any notifications. She was told that she had to have a permit for the door and another for the windows. She obtained a permit last week but could not find the person who put in the door and windows and did not know where they had been purchased, all of which had to be in order for her to get the inspections. Ms. Kendrick stated that she had a buyer for the property and that the buyer was willing to purchase the property on an "as is" basis. She did not know what she needed to do next. Chair DeLiso advised Ms. Kendrick that she needed to make an appointment with an inspector from the City to come out and inspect the door and windows. Attorney Tolces said it sounded like she needed to provide the Building Department with the engineering specifications for the windows but she did not know this information. He was sure that if she worked with the Building Department, they would be able to assist her in directing her to the right place to get the specifications. Ms. Kendrick stated that the person who was buying the house would replace the window and redo the whole house. Chair DeLiso asked when the property would be purchased. Ms. Kendrick stated that she had been given a deposit already. Chair DeLiso said the case would not go away until she got the inspections from the Building Department. It appeared that Ms. Kendrick had been in violation for lack of a building permit and occupational license, both of which she had obtained. The Board questioned why the case was 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 not cleared. Inspector Webb stated that the Building Department had told him that he could not close the case until Ms. Kendrick had passed inspection. As far as the Code Compliance Division was concerned, the case had complied. Chair DeLiso thought the case should be dismissed. Mr. Blasie stated that if Ms. Kendrick contacted Inspector Webb, they would go with her to the Building Department to straighten the matter out. Motion Mr. Foot moved to dismiss case No. 01-3453 since a permit had been issued. Chair DeLiso inquired whether they were going to zero out the fine. The Board discussed whether there should be a fine at all. Mr. Foot suggested a fine in the amount of $288, the administrative costs. Attorney Tolces stated that the motion to dismiss would zero out the fine. Inspector Webb stated that the Building Department had issued another Red Tag. Mr. Foot withdrew his motion for dismissal. Motion Based on the testimony and evidence presented in Case No. 01-3453, Mr. Foot moved that this Board find, as a matter of fact, that Ms. Eva Kendrick was in violation of Code Section SBC 1997 Edition 104.1.1 and Section 13-16 of the Boynton Beach Code of Ordinances, 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 $288.00 total including administrative costs. Mr. Rossi seconded the motion. At the Chair's request, the Recording Secretary polled the vote. The motion failed 3-4, Messrs. Miriana, Walsh, Ms. Costantino, and Chair DeLiso dissenting. Motion Based on the testimony and evidence presented in Case No. 01-3453, Ms. Costantino moved that this Board find, as a matter of fact, that Walter Kendrick was in violation of Code Section SBC 1997 Edition 104.1.1 and Section 13-16, subsequent to the date of compliance specified in this Board's Order of April 17 2002. Ms. Costantino moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 total including administrative costs. Mr. Miriana seconded the motion that carried 6-1, Mr. Foot dissenting. Case #02-498 Gail & Andrew Luchey, Jr. 2208 S.E. 4"' Street 5577 Descartes Circle Boynton Beach, FI. 33437 Inspector Roy reported that the notice of violation had been given on March 1, 2002. A Code Compliance Board hearing was held on July 17, 2002 and the Lucheys did not appear. A compliance date and proposed fine were set by the Board of August 16, 2002 or $25.00 per 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 day. The property has not come into compliance and there have been 33 days of non- compliance. The City recommended tabling the case until the next Code Compliance Board meeting. Andrew Luchey, Jr., 5577 Descartes Circle, Boynton Beach, stated that they had a contractor and everything was to have been completed by the previous Monday. The new completion date is Friday and if they were given 30 days, they could have it done. Motion Mr. Foot moved to table Case No. 02-498 until the October 16, 2002 Code Compliance Board meeting. Mr. Walsh seconded the motion that carried 7-0. Case #02-278 Abraham Cowrie 3150 Orange Street 4660 10th Avenue North Lake Worth, Florida Inspector Laverdure reported that the notice of violation was given on January 29, 2002. Mr. Cowrie appeared at the Code Compliance Board hearing on May 15, 2002. A compliance date and proposed fine were set of August 14, 2002 and $25.00 per day. The property was not in compliance and there had been 35 days of non-compliance. Abraham Cowrie, 4660 10th Avenue North, Lake Worth, Florida stated that the last time he had been before the Board he had removed the debris and cut the grass and he showed the property to one of the Code Inspectors. He had left some small gravel in the yard. Inspector Laverdure stated that Mr. Cowrie had failed to comply with both two different Board Orders. The pile of debris was still in the yard. Chair DeLiso asked Mr. Cowrie why the pile was still there. Mr. Cowrie stated that he was told that he had to remove the wood but nothing was mentioned about the concrete. Mr. Rossi asked at what point in time a dumpster had to be put on a construction site. Mr. Blasie stated that the Building Division made that kind of judgment. Also, the debris that is there now was for a former permit for demolition. Ms. Zibelli asked about the rats. Inspector Laverdure stated that it had been cited for rats and debris but that the pile of trash was much smaller than it had been and the City did not know of any rats on the property. Inspector Laverdure stated that all he had asked was that Mr. Cowrie remove the trash pile in the back and he had not done so. Mr. Foot asked for a commitment on Mr. Cowrie's part that he would remove the oldest debris. Mr. Cowrie stated that he had already ordered a dumpster from the City and it was going to be delivered the next day. Motion Mr. Foot moved to table Case 02-278 until the November 20, 2002 Code Compliance Board meeting. Mr. Walsh seconded the motion. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Chair DeLiso advised Mr. Cowrie that if he came before the Board in two months and the pile of trash was still in the yard, the Board would certify the fine and there would be a lien against the property. The motion carried 7-0. Case #02-959 Edward Miller Sr. & 710 N.E. 1st Street Muriel Williams Inspector Pierre stated that this property had been cited on April 10, 2002 for having unregistered/unlicensed vehicles and debris in the yard. A Code Compliance Board hearing was held on June 19, 2002 and the Respondents did not appear. The Board set a compliance date and proposed fine of July 19, 2002 or $25.00 per day. Inspector Pierre stated that this case had come into compliance the day before the meeting, September 17, in spite of the September 7 date in the agenda document. Chair DeLiso asked Mr. Miller why it had taken so many days to come into compliance. Edward Miller, 710 N.E. 1:t Street, Boynton Beach, responded that he had come in to explain that he did not have unregistered vehicles. They were all registered and insured. He had all his tags. There was a car there that his son was restoring and that was removed the day he got the letter from Code Compliance. He stated that he had come to speak to Inspector Pierre twice and was under the impression that everything had been taken care of. Inspector Pierre stated that he would stop by the house and take a look. He waited for him and he did not meet him there. Inspector Pierre came by his house and he saw him and showed him everything and Mr. Miller thought that was the end of it. Inspector Pierre stated that he could not get in to Mr. Miller's back yard without his permission. When he goes to Mr. Miller's house for a visit, Mr. Miller is not there. He agreed that he had met with Mr. Miller and that he had complied. The City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 02-959, Mr. Foot moved that this Board find, as a matter of fact, that Edward Miller Sr. & Muriel Williams were in violation of Code Section Chapter 15, Article IX -150-120 (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 Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 total including administrative costs. Mr. Walsh seconded the motion that carried 7-0. Case #02-1204 Yule Miller & Susan Kee 720 N.W. 10th Court Inspector Pierre explained that this property had been cited on May 8, 2002 for violations of the Community Appearance Code. A Code Compliance Board meeting was held on June 19, 2002 and the Respondents appeared. The Board set a compliance date and proposed fine of August 18, 2002 or $25.00 per day. The property was not yet in compliance for 31 days of non- compliance. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Susan Kee, 720 N.W. 10th Court, Boynton Beach, stated that she had partially complied. She had replaced the sod on the swale and had gotten a storage unit in which to put the things that had been stored under the canopy. She believed everything would be taken care of by Friday, September 20. Mr. Blasie stated that the City recommended tabling the case until the following month when she should be in compliance. At that time, the City would probably recommend "no fine." Motion Mr. Foot moved to table Case No. 02-1204 until the Code Compliance Board meeting of October 16, 2002. Mr. Walsh seconded the motion. The motion carried 7-0. Chair DeLiso reminded Ms. Kee that the fine was still running. Cases to be Heard (continued) Case #02-2034 Henry L. Watson Property Address: 508 N.W. 9th Avenue Violation(s): 14-3, B.B.C. of Ord., Chapter 15, Article IX -15-120 (D) Inc. Remove all trash and debris. Parking a truck greater than 1 ton is not allowed in a residential area for more than 15 minutes. Inspector Pierre reported that the notice of violation had been mailed on August 7, 2002. Inspector Pierre stated that Mr. Watson was a repeat violator. The violation was discovered through a routine inspection. Elmer Watson, 508 N.W. 9th Avenue, Boynton Beach, stated that Henry Watson was his father and that he was deceased. Mr. Watson pled No Contest and asked for 30 days to find a place to park his truck. Chair DeLiso stated that if the Board were to give a Cease and Desist Order at this meeting, every time Mr. Watson parked his truck for more than 15 minutes, he would be fined. Mr. Foot inquired whether the previous problem had been for the same truck. Inspector Pierre stated that it was for the same truck and that the trash was a part of it also. Chair DeLiso asked Inspector Pierre if he were asking for a Cease and Desist Order on the truck and Inspector Pierre responded in the affirmative. The first motion is for the truck and the second motion is for the trash. Motion Mr. Foot moved that the estate of Henry L. Watson violated Section 14-3 of the Boynton Beach Code of Ordinances and based on the nature of the violation, Mr. Foot moved that a Cease and Desist Order beginning on September 25, 2002 be imposed with a fine in the amount of $50.00 per reoccurrence of the violation. Mr. Rossi seconded the motion that carried 7-0. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Motion Based on the testimony and evidence presented in Case No. 02-2034, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that the estate of Henry L. Watson is in violation of City of Boynton Beach Code Section Chapter 15, Article IX -15-120 (D) Inc. Mr. Foot moved to order that the Respondent correct the violation on or before October 3, 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. Ms. Costantino seconded the motion that carried unanimously. Fine Certification Case #01-2611 CNL Income Fund 755 W. Boynton Beach Blvd. XIV Ltd. P.O. Box 1671 Orlando, FI 32802 Inspector Webb noted that the Respondent had appeared but had to leave earlier in the meeting. The City recommended no fine. The property was in compliance and there were only 18 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 01-2611, Mr. Foot moved that this Board find, as a matter of fact, that CNL Income Fund XIV Ltd. was in violation of Code Section Part 3, Land Development Regulations, Chapter 4, Section 11 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, and that this Board impose and certify a fine in the amount of $0.00 total including administrative costs. Ms. Costantino seconded the motion that carried 7-0. THE MEETING RECESSED AT 9:05 P.M. AND RECONVENED AT 9;10 P.M. A. Cases to be Heard (Respondents not Present) Case #02-2049 Property Address: Violation(s): Christopher Tirado & Irma Valez 305 N.E. 23rd Avenue 10-2 B.B.C. of Ord; Chapter 15, Article IX -15-120 (D) Inc. Mow yard and remove trash and debris. Car must have current tag and be operable. Inspector Cain presented the case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-2049, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Christopher Tierado & Irma Valez are in violation of City of Boynton Beach Code Section(s) 10-2 B.B.C. of Ord, Chapter 15, Article IX -15-120 (D) Inc. Mr. Foot moved to order that the Respondents correct the violations 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 on or before October 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Case #02-2050 Property Address: Violation(s): Louis C. & Arthur 7osaphat 2622 N.E. 3`d Street Chapter 15, Article IX -15-120 (D) 1A Remove all furniture, clothing, and junk from carport. Inspector Cain presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-2050, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Louis C. & Arthur Josaphat are in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) 1A. Mr. Foot moved to order that the Respondents correct the violations on or before October 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-1471 Alan D. Beigel Property Address: 220 S.E. 3"' Avenue Violation(s): FBC 2001 Edition 104.1.1 and 105.6; Part 3, LDR, Chapter 20, VIII. Section 2.A. Permit and inspections required for AC system. Inspector Lewis presented this case. The City recommended 90 days for compliance. The letter that the Respondent sent to the Board members is attached to the minutes. Motion Based on the testimony and evidence presented in Case No. 02-1471, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Alan D. Beigel is in violation of City of Boynton Beach Code Section(s) FBC 2001 Edition 104.1.1 and 105.6. Mr. Foot moved to order that the Respondent correct the violations on or before December 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Case #02-1709 Property Address: 17 J. M. Baxter Est. 146 S.E. 9th Avenue Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Violation(s): Chapter 15, Article M-15-120 (D) 1 Inc., FBC 2001 Edition 104.1.1 Remove red non -permitted fence around the carport. Carport needs to be cleaned up in a neat manner. Open storage is not allowed. Inspector Lewis presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1709, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that J. M. Baxter Est. is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) 1 Inc., FBC 2001 Edition 104.1.1. Mr. Foot moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Case #02-1935 Joseph S. & Josephine Nania Property Address: 150 Flamingo Drive Violation(s): Chapter 15, Article IX -15-120 (D) 1. Inc. Chapter 15, Article IX -15-120 (E) 2A Inspector Laverdure presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1935, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph S. & Josephine Nania are in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) 1 Inc. & (E) 2A. Mr. Foot moved to order that the Respondents correct the violations on or before October 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-1943 Merilus Denise Property Address: 3180 E. Atlantic Drive Violation(s): Chapter 15, Article IX -15-120 (D) 1. Inc. Chapter 15, Article IX -15-120 (D) 1 Inc. Unregistered inoperable vehicles not allowed. Inspector Laverdure presented this case. The City recommended 30 days for compliance. IN Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Motion Based on the testimony and evidence presented in Case No. 02-1943, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Merilus Denise is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) 1 Inc. Ms. Costantino moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-1910 Boynton Michael Realty, Inc. Property Address: 1107 N. Federal Highway Violation(s): Chapter 15, Article IX -15-120 (D) 1B Overgrown grass and weeds Inspector Webb presented this case. The City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1910, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Boynton Michael Realty, Inc. is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) 1B. Ms. Costantino moved to order that the Respondent correct the violations on or before October 3, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-1926 Thomas W. & Marie R. Vilius Property Address: 125 N.W. 4th Avenue Violation(s): Chapter 165, Article IX -15-120 (D) 1A. Storage of unlicensed and inoperable vehicles on residential property is not allowed. Inspector Webb presented this case. The City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1926, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Thomas W. & Marie R. Vilius are in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) 1A. Ms. Costantino moved to order that the Respondents correct the violations on or before October 3, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 7-0. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Case #02-1961 Josephine DafFn Property Address: 315 N.W. 10"' Avenue Violation(s): Chapter 15, Article D(-15-120 (D) 1A & 1.E. Remove all loose trash; mow grass. Inspector Webb presented this case. The City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1961, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Josephine Daffin is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) 1A & 1E. Ms. Costantino moved to order that the Respondent correct the violations on or before October 3, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 7-0. Case #02-858 Ann E. )ones Property Address: 314 N.W. 3'd Street Violation(s): Chapter 15, Article D(-15-120 (D). Inc. Sod yard including north side of driveway. Inspector Pierre presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-858, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Ann E. Jones is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) Inc. Ms. Costantino moved to order that the Respondent correct the violations on or before October18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 7-0. Case #02-958 Victor H. Trevino Property Address: 121 N.E. 3'd Avenue Violation(s): Chapter 15, Article IX -15-120 (D) Inc. Remove all unregistered/ inoperable vehicles from the property. De -weed and sod yard. Inspector Pierre presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-958, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Victor Trevino is in violation 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) Inc. Mr. Miriana moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Case #02-1946 Daisy N. Brown Property Address: 324 N.E. 12th Street Violation(s): FBC 2001 Edition 104.1.1 & 104.6.2 Permit required for re -roof and window replacement. Inspector Pierre presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1946, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Daisy N. Brown is in violation of City of Boynton Beach Code Section(s) FBC 2001 Edition 104.1.1 & 104.6.2. Ms. Costantino moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 7-0. Case #02-1989 Property Address: Violation(s): Henry D. Roberson Trust 112 N.E. 4th Avenue Chapter 15, Article D(-15-120 (D) Inc. Remove all unregistered inoperative vehicles in back of property, including all trash and debris. Inspector Pierre presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1989, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Henry D. Roberson Trust is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) Inc. Mr. Walsh moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Case #02-1990 Henry D. Roberson Trust Property Address: 106 N.E. 4th Avenue Violation(s): Chapter 15, Article IX -15-120 (D) Inc. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Remove all unregistered/ inoperable vehicles in back of property, including engine block and all other debris. Inspector Pierre presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1990, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Henry D. Roberson Trust is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) Inc. Mr. Walsh moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 7-0. Case #02-555 Keith & Mavis Dennis Property Address: 1165 S.W. 27"' Place Violation(s): Part 3, Land Development Regulations, Chapter 20, VIII. Section 2.A. Repair roof, ceilings, plumbing; repair or replace cabinets in kitchen; replace fans or cap open wiring; fertilize, de - weed, and water lawn. Inspector Roy presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-555, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Keith & Mavis Dennis are in violation of City of Boynton Beach Code Section(s) Part 3, Land Development Regulations, Chapter 20, VIII. Section 2.A. Mr. Walsh moved to order that the Respondents correct the violations on or before October 18, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Case #02-1017 Lowe's Home Centers, Inc. Property Address: 1500 Corporate Drive Violation(s): FBC 2001 Edition 104.1.1 Permit application issue #01-1375 Inspector Roy presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1017, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Lowe's Home Centers, 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Inc. is in violation of City of Boynton Beach Code Section(s) FBC 2001 Edition 104.1.1. Ms. Costantino moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 7-0. Case #02-1785 Garth F. Mager Property Address: 411 S.E. 23rd Avenue Violation(s): Chapter 15, Article IX -15-120 (D) Inc. Re -sod bare areas including swale. Cut all overgrowth. Maintain planted areas. Remove any trash and debris. Inspector Roy presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1785, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Garth F. Mager is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) Inc. Mr. Walsh moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 7-0. Case #02-1787 Garth F. Mager Property Address: 405 S.E. 23d Avenue Violation(s): Chapter 15, Article EK -15-120 (D) Inc. Re -sod bare areas and swale. Cut overgrowth; repair planted areas. Remove any trash and debris. Inspector Roy presented this case. The City recommended 30 days for compliance. Mr. Foot asked if Mr. Mager had been a repeat violator and Inspector Roy replied that the property had been in violation before but Mr. Mager was not involved. Motion Based on the testimony and evidence presented in Case No. 02-1787, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Garth F. Mager is in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) Inc. Ms. Costantino moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 7-0. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Case #02-1892 Tammee & Frederick Greer, Jr. Property Address: 2930 S.E. 2nd Street Violation(s): Chapter 15, Article IX -15-120 (D) Inc. Cut all overgrowth and maintain per City Code. Inspector Roy presented this case. The City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-1892, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law that Tammee & Frederick Greer, Jr. are in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) Inc. Mr. Walsh moved to order that the Respondents correct the violations on or before October 3, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Case #02-2006 BAM Holdings of Palm Beach Property Address: 3030 S.W. 13th Place Violation(s): SBC 1997 Edition 105.6 Inspections required for A/C. Inspector Roy presented this case. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-2006, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that BAM Holdings of Palm Beach is in violation of City of Boynton Beach Code Section(s) SBC 1997 Edition 105.6. Ms. Costantino moved to order that the Respondent correct the violations on or before October 18, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-2008 Beatrice S. Bremer Property Address: 2440 S. Federal Highway 11 Violation(s): FBC 2001 Edition 105.6 Inspections required for A/C. Inspector Roy presented this case. The City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-2008, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Beatrice Bremer is in violation of City of Boynton Beach Code Section(s) FBC 2001 Edition 105.6. Mr. Miriana moved to order that the Respondent correct the violations on or before October 3, 2002. If the 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried 7-0. Case #02-2120 Brian & Jana Meade Property Address: 2547 S.W. 10th Street Violation(s): Chapter 15, Article IX -15-120 (D) Inc. Remove all inoperable vehicles from Property. Inspector Roy presented this case. The City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-2120, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Brian & Jana Meade are in violation of City of Boynton Beach Code Section(s) Chapter 15, Article IX -15-120 (D) Inc. Ms. Costantino moved to order that the Respondents correct the violations on or before October 3,2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried 7-0. VI. Old Business Lien Penalty Certifications — Complied Subsequent to Order Date but Prior to Meeting Inspector Roy reported that the following cases had complied and the City recommended "No Fine." Page 49, (Case #01-3174), Hermine Lovelace Page 53, (Case #02-785), Motiva Enterprises Page 54, (Case #02-627, Estime Amarante Page 55, (Case #02-1335), John & Patricia Virgil Page 58, (Case #01-3231), Aseneth Brown Page 63, (Case #00-3202), Theresa Vandeweghe Page 66, (Case #02-129), B. F. Colebrook Case #01-3174 Hermine Lovelace 215 N.W. 6" Avenue Motion Based on the testimony and evidence presented in Case No. 01-3174, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondent, Hermine Lovelace, was in violation of Code Section Chapter 15, Article IX -15-120 (D) 1 Inc., subsequent to the date of compliance specified in this Board's Order of April 17 2002. Mr. Walsh moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day. Ms. Costantino seconded the motion that carried 7-0. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Case# 02-785 Motiva Enterprises 301 N. Congress Avenue 1200 S.E. 28th St. Fort Lauderdale, Fl. 33316 Motion Based on the testimony and evidence presented in Case No. 02-785, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondent, Motiva Enterprises, was in violation of Code Section Chapter 15, Article IX -15-120 (D) 1 Inc., subsequent to the date of compliance specified in this Board's Order of June 19, 2002. Mr. Walsh moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day. Ms. Costantino seconded the motion that carried 7-0. Case #02-627 Estime Amarante & 2720 N.W. 1st Street Herbert Suppriant 2720 N.W. 1st Street Boynton Beach, FI 33435 Motion Based on the testimony and evidence presented in Case No. 02-627, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondents, Estime Amarante & Herbert Suppriant, were in violation of Code Section Chapter 15, Article IX -15-120 (D) 1 Inc. and Section 15-16 B.B.C. of Ord. subsequent to the date of compliance specified in this Board's Order of May 15, 2002. Mr. Walsh moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day. Ms. Costantino seconded the motion that carried 7-0. Case #02-1335 John & Patricia Virgil 2880 N.E. 4"' Street Motion Based on the testimony and evidence presented in Case No. 02-1335, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondents, John & Patricia Virgil, were in violation of Code Section Chapter 15, Article IX -15-120 (D) 1 Inc. subsequent to the date of compliance specified in this Board's Order of July 17, 2002. Mr. Walsh moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day. Ms. Costantino seconded the motion that carried 7-0. Case #01-3231 Aseneth Brown 340 N. Palm Drive Motion Based on the testimony and evidence presented in Case No. 01-3231, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondent, Aseneth Brown, was in violation of Code Section Chapter 15, Article IX -15-120 (D) 1 Inc., subsequent to the date of compliance specified in this Board's Order of February 20, 2002. Mr. Walsh moved that this Board find thatthe Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day. Ms. Costantino seconded the motion that carried 7-0. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Case #00-3202 Theresa Vanderweghe 313 S.W. 4th Street Motion Based on the testimony and evidence presented in Case No. 00-3202, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondent, Theresa Vanderweghe, was in violation of Code Section Chapter 15, Article IX -15-120 (D) 1.6 & 1.D., subsequent to the date of compliance specified in this Board's Order of May 15, 2002. Mr. Walsh moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day. Ms. Costantino seconded the motion that carried 7-0. Case #02-129 B. F. Colebrook 410 N.W. 3rd Street Motion Based on the testimony and evidence presented in Case No. 02-129, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondent, B. F. Colebrook, was in violation of Code Section Chapter 15, Article IX -15-120 (D) Inc., (E) I.A. & Part 3, Land Development Regulations, Chapter 20, VIII Section 1.G & SBC 1997 Edition 103.5, subsequent to the date of compliance specified in this Board's Order of February 20, 2002. Mr. Walsh moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day. Ms. Costantino seconded the motion that carried 7-0. VI. Old Business A. Lien Penalty Certifications (Tabled) Inspector Roy recommended that the following cases be tabled until the October 16, 2002 Code Compliance Board meeting: Page 44, Case #01-1450, Suau Enterprises, Inc. Page 46, Case#01-2554, Marta Pejouhy Page 47, Case #01-2964, Marta Pejouhy Page 50, Case #01-2254, Town Tavern, Inc. Page 57, Case #02-867, Fontana Plaza, Ltd. Case No. 01-1450 Suau Enterprises, Inc. 2360 N. Federal Highway Mr. Foot moved that Case No. 01-1450 be tabled until the Code Compliance Board meeting to be held on October 16, 2002. Ms. Costantino seconded the motion that carried 7-0. Case No. 01-2554 Marta Pejouhy 152 S.E. 28th Avenue Mr. Foot moved that Case No. 01-2554 be tabled until the Code Compliance Board meeting to be held on October 16, 2002. Ms. Costantino seconded the motion that carried 7-0. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 Case No. 01-2964 Marta Pejouhy 152. S.E. 28t:' Avenue Mr. Foot moved that Case No. 01-2964 be tabled until the Code Compliance Board meeting to be held on October 16, 2002. Ms. Costantino seconded the motion that carried 7-0. Case No. 01-2254 Town Tavern, Inc. 512 N. Federal Highway Mr. Foot moved that Case No. 01-2254 be tabled until the Code Compliance Board meeting to be held on October 16, 2002. Ms. Costantino seconded the motion that carried 7-0. Case No. 02-867 Fontana Plaza Ltd. 3629 S. Federal Highway Mr. Foot moved that Case No. 02-867 be tabled until the Code Compliance Board meeting to be held on October 16, 2002. Ms. Costantino seconded the motion that carried 7-0. VI. Old Business Lien Penalty Certifications (Certify) Inspector Roy stated that the City recommended certification of the fines in the following cases: Page 51, Case 01-2397, Gracie Denson Page 60, Case 02-1055, Everett & Doris Matthews Page 61, Case 02-1134, Gloria Venegas Page 62, Case 02-1137, Cedonia Brown Page 65, Case 02-087, H. & Barbara Daughtry Page 70, Case 02-1442, James Johnson, Jr. Case #01-2397 Gracie Denson 220 N.W. 6th Avenue Motion Based on the testimony and evidence presented in Case No. 01-2397 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 Gracie Denson has violated this Board's prior Order of October 17, 2001, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Costantino seconded the motion that carried 7-0. Case #02-1055 Everett & Doris Matthews 3008 E. Palm Drive Motion Based on the testimony and evidence presented in Case No. 02-1055 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 Everett & Doris Matthews have violated this Board's prior Order of July 17, 2002, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall W. Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Costantino seconded the motion that carried 7-0. Case #02-1134 Gloria Venegas 154 S. Palm Drive Motion Based on the testimony and evidence presented in Case No. 02-1134 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 Gloria Venegas has violated this Board's prior Order of July 17, 2002, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Costantino seconded the motion that carried 7-0. Case #02-1137 Cedonia Brown 3166 N. Seacrest Blvd. 502 S.W. 14th Avenue Delray Beach, FI 33444 Motion Based on the testimony and evidence presented in Case No. 02-1137 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 Cedonia Brown has violated this Board's prior Order of July 17, 2002, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Costantino seconded the motion that carried 7-0. Case #02-087 H. & Barbara Daughtry 133 N.W. 5th Court Motion Based on the testimony and evidence presented in Case No. 02-087 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 H. & Barbara Daughtry have violated this Board's prior Order of July 17, 2002, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Costantino seconded the motion that carried 7-0. Case #02-1442 James Johnson, Jr. 913 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case No. 02-1442 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 James Johnson, Jr. has violated this Board's prior Order of July 17, 2002, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Costantino seconded the motion that carried 7-0. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 18, 2002 VI. Old Business C. Foreclosures Motion Mr. Foot moved that the following foreclosures be forwarded to the City Attorney's office for processing: Raymond & Linda Torres, Case No. 01-2034 Efrain & Flavia Chanza, Case No. 01-3425 Marco & Patricia Acudelo, Case No. 01-3295 Lucio & Maria Garcia, Case No. 01-3203 Motion Mr. Foot moved to forward the listed foreclosures to the City Attorney's Office. Ms. Costantino seconded the motion that carried 7-0. D. Hearing Dates for 2003 Lien Reductions (Discussion) This item will appear on the agenda for the October 16, 2002 meeting. VIII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:30 p.m. Respectfully submitted, Susan Collins Recording Secretary (two tapes) (091902) 30