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Minutes 10-16-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, OCTOBER 16, 2002 AT 7:00 P.M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chairman Bob Foot (lett 820 p.m.) James Miriana Enrico Rossi Tom Walsh Dee Zibelli Dave Rafkin, Alternate (non-voting until mr. Footiett) Absent Michele Costantino, Alternate I. Call to Order David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Inspectors: Luney Guillaume Richard Laverdure Skip Lewis Vestiguerne Pierre Pete Roy Sunny Surajbally Willie Webb Chair DeLiso called the meeting to order at 7:00 p.m. II. Approval of Minutes of September 18, 2002 Motion Mr. Foot moved to accept the minutes of September 18, 2002 with the following amendment: On Page 9, in the motion at the bottom, the vote should be changed to reflect 6-1, Mr. Miriana dissenting. Ms. Zibelli seconded the motion to amend the minutes and it carried 7-0. (The Recording Secretary consulted her notes and listened to the tape recording of the meeting and determined that the motion was correct as originally stated — Mr. Miriam had seconded the motion and the vote was unanimous. However, the change was made because the Board agreed to it.) III. Approval of Agenda Inspector Lewis requested that the following changes be made to the agenda: A. Page 1 (Case #02-2261) Joseph DeRose & Rony Dolcine, Complied Page 4 (Case #02-2019) David & Kathy Crusie, Complied Page 7 (Case #02-2109) Hector Rivera & Mayler Faneite, Complied Page 8 (Case #02-2168) Stanley & Shirley Cale, Complied Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Page 12 (Case #02-2044) Jean Claude & Emanet Louis, Complied Page 14 (Case #02-2069) Dwight & Rachel Olson, Complied Page 16 (Case #02-2062) William & Sharon Ganoe, Complied Page 24 (Case #02-2241) Terminix International Co., Ltd., Complied Page 25-1 (Case #02-2251) Rolanda Ross, Removed Motion Mr. Foot moved to accept the agenda as amended. Ms. Zibelli seconded the motion that carried 7-0. 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 #02-2419 Property Address: Violation(s): Michael Jones 2408 S.W. 1st Street FBC 2001 424.2.17 Pool barrier required. Protect with temporary safety fence until barrier installed. Inspector Roy presented this case. The citation was given on September 19, 2002 as a result of a complaint from a neighbor. Service was by hand carry. The temporary barrier has been installed. The City recommended 30 days to erect a permanent fence. Sean Kneibel, agent for Michael Jones, stated that they were in the process of getting a general contractor to do the job and believed that the job could be done within 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2419, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Michael Jones is in violation of City of Boynton Beach Code Section FBC 2001 424.2.17. Vice Chair Hammer moved to order that the Respondent correct the violation on or before November 15, 2002. If the Respondent does not comply with this Order, a 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 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 #02-089 Property Address: Violation(s): Ana & Daniel Casey 1247 Gondola Court SBC 1997 Edition 104.1.1; Chapter 15, Article IX -15- 120 (D) Inc. Sod bare areas in yard and obtain permit for shed. Inspector Pierre stated that this property was originally cited on January 14, 2002. The sod has complied but the permit has not been obtained for the shed. Dan and Ana Casey, 1247 Gondola Court, Boynton Beach, stated that when they got the violation notice, they tried to get a permit from the City. Mr. Casey spoke with the Chief Inspector about a previous visit in which an inspector had told him to purchase some anchors for the shed. He purchased the anchors, came back, and the inspector told him to bring back the stamp with the specific hold down information for the shed. He did this. He was then told that he needed to speak with another gentleman at the City who told him that he needed an engineer, an architect, and a survey to make the shed compliant to the March 15, 2002 hurricane code. He stated that the shed had been there for years and was there when he purchased the property. He asked Inspector Pierre what he needed to do. Inspector Pierre gave him the business card of an architect who never returned Mr. Casey's telephone calls. He went back to the City to talk to the Chief Inspector, asking what he had to do to physically bring the shed into compliance. He spoke to the Chief Inspector at length and they searched the records. There was no record of a plot plan for his house. Inspector Pierre told Mr. Casey that there had been a fire in which certain City records had been destroyed. Mr. Casey's position was that he did not know whether there had been a permit for the shed originally and with a fire destroying some of the City's records, it could not be proven either way. He simply wanted to get the shed into shape for compliance. Mr. Casey stated that they had no garage and without the shed, would have no place to put their lawn equipment and personal storage items. Mr. Casey stated that the shed was sound, with four posts driven two and a half feet down with big pilasters and concrete. It was small and had been there for many years. The wood was 2 x 6 pressure treated. Mr. Casey stated that he was a builder by profession and knew structures. Vice Chair Hammer asked Mr. Casey why the shed was "unpermittable." Mr. Casey testified that when he spoke with Inspector Pierre, he asked him what was wrong with the shed as it stands today. Inspector Pierre stated that it was encroaching on an 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 easement and this is not the case. Mr. Casey referred to a survey he obtained at the time he purchased the house showing that the shed sits well off the easement. Chair DeLiso asked for comments from the City staff. Inspector Pierre stated that he had cited Mr. Casey for a permit for the shed and he gave him all the information about what to do to get a permit. Chair DeLiso asked Mr. Blasie if the shed were permittable. Mr. Blasie stated that this was not a decision that should be made by the Code Compliance Division. Mr. Foot suggested granting six months for the Caseys to work out the situation unless there would be a hazard involved with keeping it in place. He thought that it might be the City's responsibility to straighten out their records situation. Mr. Casey did not want to wait for another six months because the situation was causing him anxiety. Chair DeLiso felt that the Board could not make the violation go away without a permit. If they did so, it would open the door to everyone else in the City that wanted to erect structures without permits. He suggested that Mr. Casey make an appointment with the City Manager to explain the situation. He believed that the City Manager would either exercise his authority to see that the Building Department gives Mr. Casey the information he needs, or will state that the shed has to come down. Chair DeLiso asked for a motion for three months. Motion Based on the testimony and evidence presented in Case No. 02-089, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Don and Ana Casey are in violation of City of Boynton Beach Code Section Standard Building Code 1997 Edition 104.1.1, Chapter 15, Article IX -15-120 (D) Inc. Mr. Foot moved to order that the Respondents correct the violation on or before April 15, 2003. 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. The motion was duly seconded. Mr. Miriana did not believe that a violation existed until it could be proven that there was a violation. He believed that there should have been a motion to table until it could be proven whether it was originally permitted or not. The applicant agreed. Mr. Rossi stated that Mr. Casey had not been treated any differently than any other individual coming before the Board that did something without a permit. There is no record of whether the shed had been built in accordance with the City's Codes at some time in the past. Mr. Casey needs to answer a lot of questions and to acquaint himself with the City's Codes. Mr. Rossi commented that the Chairman had suggested three months and he asked Mr. Foot if he would consider amending his motion to three 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 months instead of six months. Mr. Foot stated that he would amend the motion to three months or January 15, 2003. Mr. Rossi seconded the motion. The vote was indeterminate. Chair DeLiso asked for a Roll Call and the Recording Secretary polled the vote. The motion failed 3-4, Messrs. Miriana and Walsh, Ms. Hammer, and Ms. Zibelli dissenting. Motion Mr. Miriana moved to table Case No. 02-089 until the February 19, 2003 Code Compliance Board meeting. The motion was duly seconded and carried 6-1, Mr. Rossi dissenting. Chair DeLiso suggested that Mr. Casey meet with Mr. Bressner before the compliance date. Case #02-2195 Property Address: Violation(s): T.B. & Clara E. Hicks 522 N.W. 5th Street Chapter 15, Article IX -15-120 (D) Inc. Unregistered/ inoperable vehicles. Remove all vehicles in back yard and all other debris including tires. Inspector Pierre reported that this property had originally been cited on August 22, 2002. The violation was discovered by routine inspection. Gregory Hicks, 522 N.W. 5th Street, appeared on behalf of T.B. and Clara Hicks and pled No Contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2195, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that T. B. & Clara E. Hicks are in violation of City of Boynton Beach Code Section Chapter 15, Article IX -15-120 (D) Inc. Vice Chair Hammer moved to order that the Respondents correct the violation on or before November 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 7-0. The Recording Secretary administered the oath of truthfulness to people who had come in late to the meeting. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 VI. Old Business A. Lien Penalty Certifications Case #01-2554 Marta Pejouhy 152 S.E. 28th Avenue Inspector Roy stated that the notice of violation date was September 25, 2001 for violation of the Standard Building Code. This case refers to an unpermitted structure in the back of Ms. Pejouhy's house. A Code Compliance Board hearing was held on November 21, 2001 and Ms. Pejouhy did not appear. The Board set a compliance date of December 21, 2001 and proposed a fine of $25.00 per day. The property has not yet come into compliance. The property has been out of compliance for 299 days. It was Inspector Roy's understanding that the Community Improvement Division could not help Ms. Pejouhy because she owes back taxes on the house. They will help if the back taxes are paid. Marta Pejouhy,. 152 S.E. 28th Avenue, Boynton Beach, stated that she had spoken to an inspector in the Community Improvement Department, Sal Belloise, who stated that they might be able to help her but that she had to come over in the afternoon and speak to Ms. Octavia Sherrod. She had a court hearing and was unable to come. Ms. Pejouhy spoke of her reluctance to accept help to have repairs done in her house and Mr. Belloise had advised her that it was a Federal program that was available to all qualified applicants. Chair DeLiso reiterated that the Community Improvement Division would not be able to help Ms. Pejouhy until she paid her back taxes. He suggested that the Board certify the fine and allow Ms. Pejouhy to come in and ask for a reduction when she had her finances in order. Mr. Foot believed that the Board should table the case until the December meeting so that Ms. Pejouhy could have the benefit of whatever efforts might be in process for her at this time. Ms. Zibellli stated that Ms. Pejouhy had been calling her and discussing this for about six months. She had given her the best advice she could about where to go for help. When Ms. Zibelli discovered that she did not have homeowner's insurance, she suggested that Ms. Pejouhy get this and that then Community Improvement might be able to assist her. Chair DeLiso asked why the attorney was not able to help Ms. Pejouhy. Staff did not know. Ms. Pejouhy replied that the reason was that she did not accept the offers of assistance to fix her house. She had changed her mind about that and if help were now 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 offered, she would accept it. She felt that if she had a little more time, they might help her. Chair DeLiso advised that the County might put Ms. Pejouhy's house up for sale for back taxes. Ms. Pejouhy stated that this would not happen until three years of back taxes and that she had one year to go. Mr. Foot asked the Chairman if the Board could ask Ms. Pejouhy about homeowner's insurance. Ms. Pejouhy responded that she used to have homeowner's insurance but that after the hurricane, the price went too high and she could not afford it. She said that they (unknown reference) stated that even though she did not have homeowner's insurance and had not paid taxes on her house for the past two years, they still might help her. She stated that the lawyer had only wanted her to move out and sell the house. Mr. Foot asked her if she had a mortgage and she stated that she did not. He asked her if she had considered a reverse mortgage. Chair DeLiso stated that the Board had to focus on the matter of certification of the fine. Ms. Zibelli stated that she would have to abstain from voting due to her conversations with Ms. Pejouhy. Assistant City Attorney Tolces advised her that just speaking with Ms. Pejouhy did not constitute a recognizable conflict. Motion Mr. Foot moved to table Case No. 01-2554 until the Code Compliance Board meeting on December 18, 2002. Mr. Miriana seconded the motion that passed 4-3, Chairman DeLiso, Vice Chair Hammer, and Mr. Walsh dissenting. Case #01-2964 Marta Pejouhy 152 S.E. 28th Avenue Inspector Roy stated that the notice of violation on this case had been given on October 311 2001. It was for violations of the Community Appearance Code. A Code Compliance Board hearing was held on January 16, 2002 and Ms. Pejouhy appeared. The Board set a compliance date and proposed a fine of March 18, 2002 or $25.00 a day. The property has not complied and there have been 212 days of non-compliance. She is going to get grass in the next week or two. The City recommended tabling this until the next meeting. Motion Mr. Foot moved to table Case No. 01-2964 until the Code Compliance Board meeting on November 20, 2002. Ms. Zibelli seconded the motion that carried 6-1 (Chair DeLiso had left the dais.) 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Case #02-498 Gail & Andrew Luchey, Jr. 2208 S.E. 4t' Street 5577 Descartes Circle Boynton Beach, FI 33437 Inspector Roy reported that this property had originally been cited on March 1, 2002 for Building Code violations. A Code Compliance meeting was held on July 17, 2002 and no one appeared. The Board set a compliance date of August 16, 2002 and proposed a fine of $25.00 per day. The property came into compliance on October 10, 2002 and there were 54 days of non-compliance. The City recommended no fine. Andrew Luchey, 5577 Descartes Circle, Boynton Beach, stated that there had been a delay due to the contractor not having the correct equipment but that the job was not complete. Motion Based on the testimony and evidence presented in Case No.02-498, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondents, Gail & Andrew Luchey, Jr., were in violation of Code Sections SBC 1997 Edition 104.1.1 and 105.6, subsequent to the date of compliance specified in this Board's Order of July 17, 2002. Mr. Miriana moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00. Mr. Walsh seconded the motion that carried 7-0. Case #02-230 Townhouses of Golf View Harbour 1416 Oxford Lane C/o M. J. Gallup Accounting 235 N.E. 6t' Avenue, St. D Delray Beach, FI 33483 Inspector Roy reported that the original notice of violation had been given on January 24, 2002 for a Building Code violation. The case came before the Code Compliance Board on June 19, 2002 and no one appeared. The Board set a compliance date of July 19, 2002 and proposed a fine of $25.00 per day. There is no compliance yet and there have been 89 days of non-compliance. The City recommended tabling the case until the December meeting. Steve Braun, 2722 Yale Lane, Boynton Beach, stated that the information was being mailed to the wrong address and this has been corrected. They had obtained an engineer, surveys, and were trying to find a contractor to do the work. Motion Mr. Walsh moved to table Case No. 02-230 until the Code Compliance Board meeting of December 18, 2002. Mr. Miriana seconded the motion that carried 7-0. Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Case #02-1248 Perry & Sandra Bland 147 S.W. 25th Avenue Inspector Roy stated that this property had been cited on May 15, 2002 for appearance, permit, home occupation regulations, and hurricane hazards. A Code Compliance Board hearing was held on July 17, 2002 and no one appeared. The Board set a compliance date of August 16, 2002 and proposed a fine of $25.00 a day. The property has not yet come into compliance but application has been made for the permit. The City recommended tabling the case until the November meeting. Motion Vice Chair Hammer moved to table Case No. 02-1248 until the Code Compliance Board meeting on November 20, 2002. Mr. Miriana seconded the motion that carried 7-0. Case #01-1450 Suau Enterprises, Inc. 2360 N. Federal Hwy. 10218 Allamanda Blvd. West Palm Beach, FI 33410 Mr. Blasie reported on this case, which he explained was about the storage trailer behind the Texaco station that was cited as a result of a complaint from the Fire Department. The owners have since removed the trailer. The City recommended no fine or administrative charges. Motion Based on the testimony and evidence presented in Case No. 01-1450, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondents, Suau Enterprises, Inc., were in violation of Code Sections Part 3 of the Land Development Regulations, Chapter 2, Section 6.C.6, subsequent to the date of compliance specified in this Board's Order of September 19, 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 of $0.00 and no administrative costs. Vice Chair Hammer seconded the motion that carried 7-0. Case #02-1684 Chase Mortgage Company 1012 S.E. 3rd Street 1800 N.W. 49 Street #120 Ft. Lauderdale, FI 33309 Inspector Lewis presented this case. The notice of violation was given on July 3, 2002 for violations of the Appearance Code. A Code Compliance Board hearing was held on August 21, 2002 and no one appeared. The Board set a compliance date of September 5, 2002 and proposed a fine of $25.00 per day. The property has not yet complied. Derrick Doherty appeared to say that he was now the owner of the house. Chair DeLiso asked Mr. Doherty if he had the warranty deed for the house. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Mr. Doherty responded that Chase was mailing that to him and he should have it in two or three days. He had his mortgage and escrow statement. Chair DeLiso asked Mr. Doherty to take care of the yard before the Board's next meeting and Mr. Doherty agreed. Inspector Lewis asked Mr. Doherty to call him as soon as he believed he was in compliance. Motion Vice Chair Hammer moved to table Case No. 02-1684 to the November 20, 2002 Compliance Board meeting. Mr. Miriana seconded the motion that carried 7-0. Case #02-1449 Nationbank Mortgage Corp. 141 N.E. 5th Avenue C/o Ray & Linda Torres 5406 Blueberry Hill Avenue Lake Worth, FI 33463 Mr. Blasie stated that there was a mix-up in the case numbers. A representative was present from the bank but the case number on her paperwork did not match. The City preferred to delete this case from the agenda. Motion Mr. Foot moved to amend the Agenda to remove Case #02-1449 from the agenda. Vice Chair Hammer seconded the motion that carried 7-0. Case #00-1951 Josephine Daffin 315 N.W. 10th Avenue Inspector Webb reported that the property had been cited on August 3, 2000 for violation of the Community Appearance Code. A Code Compliance Board hearing was held on November 21, 2001 and no one appeared. The Board set a compliance date of December 21, 2002 and proposed a fine of $25.00 per day. The Community Improvement Division invested about $15,000 to refurbish the house and it was now in pretty good shape. The sod was taken care of later. Inspector Webb asked for no fine. Motion Based on the testimony and evidence presented in Case No. 01-1951, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondent, Josephine Daffin, was in violation of Code Sections Chapter 15, Article IX -15-120 (D) 1. D. subsequent to the date of compliance specified in this Board's Order of November 21, 2001. 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 of $0.00 and no administrative costs. Vice Chair Hammer seconded the motion that carried 6-0 (Ms. Zibelli was away from the dais.) 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 C. Lien Reduction Mr. Blasie explained that this case was put on the agenda because the Lien Reduction meeting on October 24 was cancelled. Case #01-2567 Seaglades Inv. Co., Inc. 536 N.E. 22nd Ave. Mr. Blasie presented this case. He shared photographs of the property with the Board that were taken on March 19, 2002 and the day of the meeting. It was originally cited on September 26, 2001 for the property not being maintained per the Site Plan. It came before the Code Compliance Board on March 20, 2002 and a compliance date and fine were set of April 19, 2002 or $25.00 per day. It came into compliance August 16, 2002. The fine accrued to $2,950 plus administrative costs. The owner spent $7-9K to bring the property into compliance and Mr. Blasie asked the Board to take this into consideration when they discussed any reduction in the fine. Mr. Blasie stated that the major violation had been the parking lot and that it had been re -done and re -striped. Mr. Blasie had been corresponding with the applicant along with Inspector Melillo. Earlier on in the case, Mr. Graham had told Mr. Blasie he was doing some painting and Mr. Blasie told him to keep on working on it, to show that he was making progress. Unfortunately, Mr. Graham interpreted this to mean that he did not need to attend the meeting. William Graham, agent for Seaglades Investment Company, Inc., stated that he had been duly noticed but thought from his conversations with Mr. Blasie that it was not necessary to come to the meeting. He stated that they had spent $8,354 doing the painting and replacing the doors. Some of the delay stemmed from the unusual amount of rain and the issue of obtaining Building Department approval for a new site plan. Motion Based on the testimony and evidence presented in Case No. 01-2567, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case No. 01-2567, by virtue of this Board's Order of March 20, 2002, to $740.00 including administrative costs. Mr. Rossi seconded the motion. The vote was indeterminate so Chair DeLiso called for a Roll Call. The Recording Secretary polled the vote and it failed 2-5, Chair DeLiso, Mr. Miriana, Mr. Walsh, Vice Chair Hammer, and Dee Zibelli dissenting. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Motion Based on the testimony and evidence presented in Case No. 01-2567, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Zibelli moved that this Board reduce the fines instituted in Case No. 01-2567, by virtue of this Board's Order of March 20, 2002, to $0.00 with no administrative costs. Mr. Walsh seconded the motion. Mr. Foot believed that this was not showing the City that deterrence was a part of the situation. They were saying that anybody and everybody can come before the Board and they are a bunch of wimps who will not stand up for what the City is doing to try to improve the City's appearance and safety. He thought the Board was making a big mistake in allowing cases like this to have their penalties waived because they had put money into their property, as any investor should be doing on a timely basis. There was no reason for the Board to be giving them mitigation because they were bringing the property up to date after they had been cited. Ms. Zibelli stated that Mr. Foot had not been listening to the mitigating circumstances. The vote was indeterminate so Chair DeLiso requested a roll call vote. The Recording Secretary polled the vote and it passed 5-2, Messrs. Rossi and Foot dissenting. Mr. Miriana stated that Mr. Foot should not call the Board wimps due to a difference of opinion. A RECESS WAS DECLARED AT 8:10 P.M. THE MEETING WAS RECONVENED AT 8:20 P.M. Chair DeLiso and Mr. Foot did not return to the meeting after the recess. Vice Chair Hammer assumed the role of Chair for the balance of the meeting. Also, Dave Rafkin, Alternate, acted as a voting member in place of Mr. Foot. Cases to be Heard Case No. 02-1457 Property Address: Violation(s): 12 Dominguez & Angeles Marcelino 300 N.E. 28th Court Chapter 15, Article IX -15-120 (D) Inc. and FBC 2001 Edition 104.1.1 Install sod in east side of driveway or get a proper permit to widen it. Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Inspector Guillaume reported on this case. The original citation was dated June 5, 2002. It was discovered through routine inspection. Service was obtained by certified mail. The City recommended a compliance date of November 15, 2002. Motion Based on the testimony and evidence presented in Case No. 02-1457, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Dominguez & Angeles Marcelino are in violation of City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) Inc. and Florida Building Code 2001 Edition, 104.1.1. Mr. Walsh moved to order that the Respondents correct the violations on or before November 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-1447 Property Address: Violation(s): Juan M. Pascual & Petrona Marcos 715 S.W. 2nd Street FBC 2001 Edition 104.1.1; Chapter 15, Article IX -15-120 (D) 1 Inc. Remove all non -permitted fencing including front white closet shelving, all inoperable vehicles, trash and debris, outdoor storage. Inspector Lewis presented this case. It was originally cited on June 4, 2002. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1447, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Juan M. Pascual & Petrona Marcos are in violation of City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) 1 Inc. Mr. Walsh moved to order that the Respondents correct the violations on or before November 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-2262 Greer Trust Property Address: 2930 S.E. 2"d Street Violation(s): Chapter 10, Article II, Section 10- 30 and 10-24 inclusive. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Contain and dispose of all construction debris on property. Inspector Sunny Surajbally stated that he had cited this property on September 4, 2002 because the construction debris was a hurricane hazard. They could not contact the owner but believing that they had to abate the hurricane hazard, asked the Sanitation Department to pick up the debris. He asked that the Board fine the violator for recovery of the City's expenses in this case. Mr. Tolces stated that the Board was not authorized to fine based on the City's expenses. Mr. Surajbally stated that the nuisance abatement violation was the Chapter 10, Article II, Section 10-30. The 10-24 violation came into compliance. Mr. Surajbally stated that the City abated the nuisance on September 25 but it was out of compliance from September 4 through September 25. There were twenty-two days of non-compliance. Motion Mr. Walsh moved that this Board impose a fine on the Greer Trust, Case No. 02-2262, of $200 for each of the twenty-two days from September 4, 2002 through September 25, 2002 or $4,400.00 plus administrative costs, that the construction debris was left on the property in violation of the Boynton Beach Code of Ordinance Chapter 10, Article II, Section 10-30. Ms. Zibelli seconded the motion that carried 7-0. Case #02-2266 Property Address: Violation(s): Virgil L. Darville 2010 N.W. 2nd Court 10-2 B.B.C. of Ord; Chapter 10, Article II, Sections 10-30 & 10-24; Chapter 15, Article IX -15-120 (D) .1A Commercially -generated trash and construction debris on site. Inspector Surajbally stated that the notice of violation had been issued on September 4, 2002. Service was obtained by certified mail. The City recommended ten days to clean up the junk that is on the property. Motion Based on the testimony and evidence presented in Case No. 02-2266, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Virgil L. Darville is in violation of City of Boynton Beach Code Sections 10-2 B.B.C. of Ord; Chapter 10, Article II, Sections 10-30 & 10-24; Chapter 15, Article IX -15-120 (D). 1A. Mr. Miriana moved to order that the Respondent correct the violations on or before October 26, 2002. If the Respondent does not comply with this Order, a fine in the 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 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 #02-2314 Property Address: Violation(s): CitiMortgage, Inc. 124 S.E. 29th Avenue Chapter 15 -Article IX. -15-120 (D) . Inc., FBC 2001 Ed 3401.6 Clean and maintain pool in a sanitary condition Inspector Roy reported that the notice of violation had been issued on September 12, 2002. The violation came to light as a result of a complaint from a neighbor. Service was accomplished by certified mail. The City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 02-2314, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that CitiMortgage, Inc. is in violation of City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D). Inc. and the Florida Building Code 2001 Edition 3401.6. Mr. Miriana moved to order that the Respondent correct the violations on or before October 26, 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 #02-2042 Jose P. & Ana M. Mateo Property Address: 2628 N.E. 3'd Street Violation(s): FBC 2001 Edition 104.1.1; Chapter 15, Article IX -15-120 (D) Inc. Permit required for canopy. Remove all furniture, doors, toolbox, and junk from carport. Inspector Cain reported that this property had originally been cited on August 8, 2002. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2042, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Jose P. & Ana M. Mateo are in violation of City of Boynton Beach Code Sections Chapter 15, Article IX - 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 15-120 (D). Inc. and the Florida Building Code 2001 Edition 104.1.1. Mr. Walsh moved to order that the Respondents correct the violations on or before November 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-2194 Property Address: Violation(s): Vanester & Evelyn Mobley 607 N.W. 4th Street Chapter 15 -Article IX -15-120 (D) Inc. Unregistered/ inoperative vehicles not allowed. Remove truck in back yard. Inspector Pierre reported that the property had been cited on August 22, 2002 as a result of a routine inspection of the neighborhood. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 02-2194, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Vanester & Evelyn Mobley are in violation of City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D). Inc. Mr. Miriana moved to order that the Respondents correct the violations on or before November 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 7-0. Case #02-1584 L & A Apartments, LLC Property Address: 410 N.E. 3rd Street Violation(s): PT 3-LDR.Chapter 7.5 -II. Section 5.B., Article II Section 5 B & C Landscape maintenance & permit required Inspector Webb presented this case. It is a Red Tag from Kevin Hallahan, the City Forester. The City recommended 60 days. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Motion Based on the testimony and evidence presented in Case No. 02-1584, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that L & A Apartments LLC is in violation of City of Boynton Beach Code Sections Part 3, Land Development Regulations, Chapter 7.5 -II Section 5 B & C. Mr. Walsh moved to order that the Respondent correct the violations on or before December 15, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-1587 Carolyn T. Allen Estate Property Address: 525 N.W. 12"' Avenue Violation(s): Chapter 15, Article IX -15-120 (D) 1.E Sod front and side yard. Inspector Webb presented this case. It was originally cited on June 20, 2002 as a result of a routine neighborhood inspection. Service was accomplished by posting. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-1587, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that the Carolyn T. Allen Estate is in violation of City of Boynton Beach Code Sections Chapter 15, Article IX -15-120 (D) I.E. Mr. Miriana moved to order that the Respondent correct the violations on or before November 15, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 7-0. Case #02-2078 Robert A. Crossland and Kimberly Ward Property Address: 1237 Gondola Lane Violation(s): Standard Building Code 1994 Edition 104.1.1 and 104.7.2 Work prior to issuance of permit Motion Based on the testimony and evidence presented in Case No. 02-2078, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Robert A. Crossland and Kimberly Ward are in violation of City of Boynton Beach Code Sections 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Standard Building Code 1994 Edition 104.1.1 and 104.7.2. Mr. Walsh moved to order that the Respondents correct the violations on or before December 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 7-0. Case #02-2182 Property Address: Violation(s): Kim & Brad McEwen 1215 N.W. 8th Court Florida Building Code 2001 Edition 104.1.1 & 105.6 Permit & inspection of above- ground swimming pool or remove pool Inspector Webb presented this case. The violation was discovered through a complaint from a citizen. Service was by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2182, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that Kim & Brad McEwen are in violation of City of Boynton Beach Code Sections Florida Building Code 2001 Edition 104.1.1 & 105.6. Mr. Miriana moved to order that the Respondents correct the violations on or before November 15, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 7-0. Case No. 02-2198 Daniel & Charlene Jordan Property Address: 232 N.E. 12th Avenue Violation(s): Florida Building Code 2001 Edition 104.1.1 and Chapter 15, Article IX - 15 -120 (D) .Inc. Inspector Webb reported that this violation was a complaint from the City Manager's office. Service was obtained by certified mail. The City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 02-2198, Mr. Walsh moved that this Board find, as a matter of fact, and as a conclusion of law, that Daniel & Charlene Jordan are in violation of City of Boynton Beach Code Sections Florida Building Code 2001 Edition 104.1.1 and Chapter 15, Article IX -15-120 (D) Inc. Mr. Walsh moved E63 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 to order that the Respondents correct the violations on or before October 26, 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 #02-2318 Property Address: Violation(s): M. & Lizzie King 221 N.E. 9th Avenue Chapter 15, Article IX -15-120 (D) 1. Inc. Remove trash and debris. Remove all household items from carport and keep property mowed. Inspector Webb reported that this violation was the result of a routine neighborhood inspection. Service was accomplished by certified mail. The City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 02-2318, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law, that M. & Lizzie King are in violation of 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 October 26, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried 7-0. LIEN CERTIFICATIONS FOR WHICH THE CITY RECOMMENDED NO FINE: Inspector Lewis listed the following cases in this category: Case 02-1204, Yule Miller and Susan Key Case 02-954, Alfred and Beverly Parker Case 02-1355, Jeffery Edwards Case 02-663, Arthur Tubesing Case 02-1085, MJB Chelsea LLC 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Case #02-1204 Yule Miller & Susan Key 720 N.W. 10th Court Motion Based on the testimony and evidence presented in Case No.02-1204, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondents, Yule Miller & Susan Key, were in violation of Code Sections Chapter 15, Article IX -15-120 (D), (E) 2.C. & Florida Building Code 2001 Edition 104.4.1. 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 Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00. Mr. Miriana seconded the motion that carried 7-0. Case #02-954 Alfred & Beverly Parker 1931 N.E. 2nd Lane Motion Based on the testimony and evidence presented in Case No.02-954, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondents, Alfred & Beverly Parker, were 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 August 21, 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. Mr. Miriana seconded the motion that carried 7-0. Case #02-1355 Jeffrey Edwards 232 N.E. 21St Avenue Motion Based on the testimony and evidence presented in Case No.02-1355, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondent, Jeffrey Edwards, 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 August 21, 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. Mr. Miriana seconded the motion that carried 7-0. Case #02-663 Arthur Tubesing 3235 Orange Street Motion Based on the testimony and evidence presented in Case No.02-663, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondent, Arthur Tubesing, was in violation of Code Sections Chapter 15, Article IX -15-120 (D)1 Inc. subsequent to the date of compliance specified in this Board's Order of August 21, 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. Mr. Miriana seconded the motion that carried 7-0. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Case #02-1085 MJB Chelsea LLC 310 N. Federal Hwy. 1645 S.E. 3rd Ct. #200 Deerfield Beach, FI. 33441 Motion Based on the testimony and evidence presented in Case No.02-1085, Mr. Walsh moved that this Board find, as a matter of fact, that the Respondents, MJB Chelsea LLC, were in violation of Code Sections Standard Building Code 1997 Edition 105.6 subsequent to the date of compliance specified in this Board's Order of August 21, 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. Mr. Miriana seconded the motion that carried 7-0. Inspector Lewis advised that the City recommended tabling the following cases until the Code Compliance Board hearing of November 15, 2002. Case #01-2254, Town Tavern, Inc. Case #02-088, Jerry McAdoo Case #01-2254 Town Tavern, Inc. P.O. Box 333 Rahway, NJ 07065 512 N. Federal Hwy. Motion Mr. Miriana moved to table Case #01-2254 until November 15, 2002. Mr. Walsh seconded the motion that carried 7-0. Case #02-088 Jerry McAdoo 411 N.E. 2nd Street Motion Mr. Miriana moved to table Case #02-088 until November 15, 2002. Mr. Walsh seconded the motion that carried 7-0. Inspector Lewis stated that the City recommended certifying the fine on: Case #02-120, Carder Peebles Case #02-1636, PCA Holdings Case #02-120 Carder Peebles 121 W. Ocean Ave. Motion Based on the testimony and evidence presented in Case No. 02-120, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Walsh moved that this 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 16, 2002 Board find that Carder Peebles has violated this Board's prior Order of August 21, 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. Mr. Miriana seconded the motion that carried 7-0. Case #02-1636 PCA Holdings 136 S.W. 2nd Avenue P.O. Box 6890 Torrance, Ca. 90604 Motion Based on the testimony and evidence presented in Case No. 02-1636, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Walsh moved that this Board find that PCA Holdings has violated this Board's prior Order of August 21, 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. Mr. Miriana seconded the motion that carried 7-0. Other Ms. Zibelli commented on the successful appearance the Board made at the Community Relations Board meeting recently. One of their Board members received a citation and at the request of the Board, Ms. Zibelli, Chair DeLiso, Scott Blasie, and Courtney Cain went to the Board meeting to explain the procedures and policies of the Code Compliance Board. A copy of the pertinent Codes and Ordinances were given to the Community Relations Board members. Ms. Zibelli told them that the Board tried very hard to help people and that their main goal was not fines but compliance. She also stated that the City had fine Code Compliance Inspectors and that she was very proud of the Code Compliance Board. Lien Reduction Meeting Dates — Conflict Ms. Aronofsky raised the issue of three conflicting dates for the monthly lien reduction meetings for 2003. The regular date for May 2003 falls the day after the Code Compliance Board meeting. In November, the 4th Thursday is Thanksgiving. The Board members suggested just putting on the regular agenda. Ms. Aronofsky stated that they would do this if there were just one case. Mr. Blasie stated that these would be put on the November agenda and if there were too many, they would reschedule them. In December, the 4th Thursday is the day after Christmas. Mr. Blasie will try to put these on the regular December meeting agenda. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida VII. Adjournment October 16, 2002 Since there was no further business before the Board, the meeting was duly adjourned at 8:40 p.m. Respectfully submitted, Susan Collins Recording Secretary (one tape) (iovo2) 23