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Minutes 11-20-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 20, 2002 AT 7:00 P.M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chair Robert Foot James Miriana Enrico Rossi Thomas Walsh Michele Costantino, Voting Alternate Dave Rafkin, Alternate Absent Dee Zibelli I. Call to Order Mike Pawelczyk, Assistant City Attorney Scott Blasie, Code Administrator Inspectors: Luney Guillaume Courtney Cain Skip Lewis Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb Chairman DeLiso called the meeting to order at 7:00 p.m. II. Approval of Minutes — October 16, 2002 Mr. Foot requested that the following changes be made to the minutes: (a) That the votes on pages 13 through 22 should be changed from 7-0 to 6-0 since Chairman DeLiso and Mr. Foot left the meeting at recess. (b) Case #02-2078 on Page 17 the presentation by City was missing. (c) On Page 8 in case #02-498, the word "not" in the second full paragraph should be changed to "now." The Recording Secretary reported that these corrections had been made. Ms. Costantino noted that she had been marked absent, when she in fact had been present and requested that the record be clarified. Motion Mr. Miriana moved to approve the minutes, as amended. Vice Chair Hammer seconded the motion that unanimously carried. Meeting Minutes Code Compliance Board Boynton Beach, Florida III. Approval of Agenda Nnvomhor 9n 9nn9 Inspector Roy requested that the following changes be made to the agenda: Page 5 (Case #02-1822), Richard Hilton Jr. complied Page 11 (Case #02-2446), David & Julia Andrews, complied Page 15 (Case #02-2610), Grady Frederick, complied Page 18 (Case #01-3512), Nancy Hewitt Trust, complied Page 19 (Case #02-2003), Sandalwood HMO Association, complied Page 20 (Case #02-2432), Lawrence White & John A. McCoy Trs, removed Page 21 (Case #02-2612), Steve Maceben, complied Page 22 (Case #02-3533), Thomas Platt, complied Motion Vice Chair Hammer moved to approve the agenda, as amended. Motion seconded by Ms. Costantino and unanimously carried. IV. Swearing in of Witnesses and Introduction Inspector 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 #02-2200 Venetrice A. Jackson Property Address: 1634 NE 2nd Court Violation(s) Chapter 15, Article IX -15-120 (D), Inc.; Install screen in back porch. Install grass where bare spots occur. Remove all trash in yard and swale. Mike Melillo, Senior Code Compliance Officer, presented the case. The case was originally cited on August 23, 2002 through a complaint from Animal Control. Venetrice A. Jackson, 1634 NE 2nd Court, Boynton Beach, pled not guilty. The respondent said that she was unaware of any violations for grass in bare areas and trash in the swale. With regard to the screen, Ms. Jackson said that she repaired it today and asked for clarification regarding Animal Control. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Inspector Melillo presented photos to the respondent and then to the Board. The respondent said that there is grass in her yard. Inspector Melillo said that the photos show that there is no grass and there is trash. Ms. Jackson said that the trash referred to is in the area where the City picks up the trash. She further said that she is not the only one that uses this area for trash and today the area is neat. Inspector Melillo said that he was contacted by Animal Control regarding a dog under the fence and at that time the Animal Control Officer inquired if there were any other code violations on the property. Chairman DeLiso noted from the photographs that the property was in need of grass and asked for a motion to allow the respondent to bring the property into compliance. The respondent stated that her yard is not bare and the only area that is completely dirt is where she keeps her animals. Chairman DeLiso informed Ms. Jackson that she is only allowed to have a bare spot up to 100 square feet in her yard. Motion Based on the testimony and evidence presented in Case No. 02-2200, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Venetrice A. Jackson is in violations of the City of Boynton Beach Code Sections, Chapter 15, Article IX -15-120 (D), Inc. Vice Chair Hammer moved to order that the Respondent correct the violation on or before December 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. VI. OLD BUSINESS A. Lien Penalty Certifications (Tabled) Case #01-2608 Ernestine Bush Wheeler 2190 NE 1St Lane 5426 Benjamin Avenue Boynton Beach, FL 33437 Inspector Melillo presented the case and stated that the notice of violation was dated October 1, 2002 for violation of the Community Appearance Code. No one appeared at the January 16, 2002 Code Compliance Board Hearing. A compliance date of February 15, 2002 was set or be fined $25.00 per day. The property complied on November 7, 2002 for 264 days of non-compliance. Ernestine Bush Wheeler, 5426 Benjamin Avenue, Boynton Beach, said that she did not receive the notices that were sent out by the City. She brought this up with Ica Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 the Code Compliance Office, which Inspector Melillo confirmed. Inspector Melillo also noted that there was a delay because of the permitting process for replacing the driveway and parking area. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 01-2608, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Ernestine Bush Wheeler, was in violation of Code Sections Chapter 15, Article IX -15-120 (D), Inc., 120 (E), Inc. and Section 15-16 of the Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of January 16, 2002, Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Walsh and unanimously carried. Case #02-1248 Perry & Sandra Bland 147 SW 25th Avenue Inspector Roy stated that the notice of violation date was May 15, 2002 for violation of the Community Appearance Code. The case first came before the Code Compliance board on July 17, 2002 and no one appeared. A compliance date of August 16, 2002 was set or be fined $25.00 per day. The property has not yet complied, but the respondent has submitted plans to the Building Division and the plans are under review. Inspector Roy requested that the case be tabled. Motion Vice Chair Hammer moved that Case No. 02-1248 be tabled until the Code Compliance Board Meeting to be held on December 18, 2002. Motion seconded by Ms. Costantino and unanimously carried. Case #02-1017 Lowe's Home Centers, Inc. 1500 Corporate Dr. P.O. Box 1111 N. Wilkensboro, NC 28656 Inspector Roy stated that the notice of violation date was April 17, 2002 for violation of the Florida Building Code. The case was first presented before the Code Compliance Board on September 18, 2002 and no appeared. A compliance date of October 18, 2002 was set or be fined $25.00 per day. The property has not yet complied. Attorney Rod Finer, 644 SE 5th Avenue, Ft. Lauderdale, was present on behalf of the respondent. Attorney Finer requested the following: (a) that the lien not be certified; (b) an extension of compliance time so that the fine would not continue to run while the respondent corrects the situation; (c) and to mitigate the fine that has been running for the 30 -day period to "0." 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Attorney Finer reported that notice was sent to Lowe's, as well as given to the store manager. The store manager tried to resolve the violations by hiring a local contractor that did not work with the City to rectify the situation. Lowe's Corporation corporate headquarters, located in North Wilkensboro, North Carolina, has now gotten involved and has hired a reputable landscaper who is working with the City. They have obtained four permits and are rectifying the situation. Because the pump parts keep getting stolen, Lowe's has had to get a permit to build a structure around the pump to prevent it from being constantly vandalized. Attorney Finer felt that the property should be in compliance within 60 days and asked the Board to table the case for that time. He also asked that the compliance date be extended 60 days to prevent the fine from running. Inspector Roy agreed that the case could be tabled for 60 days. Chairman DeLiso stated that the Board should not stop the fine, nor should they zero it out. He pointed out that Lowe's was properly notified by not only serving the store manager, but also notifying corporate headquarters. Attorney Finer said that he was not stipulating to proper notice at this time and there may be a notice issue. Chairman DeLiso noted that when the property comes into compliance, all the evidence would be reviewed and considered. That would be the time when the fine should be addressed. Motion Vice Chair Hammer moved that Case No. 02-1017 be tabled until the Code Compliance Board Meeting to be held on January 15, 2003. Motion seconded by Mr. Foot and unanimously carried. Attorney Pawelczyk informed the Attorney that the case would be subject to mitigation once compliance is achieved and that he would have to appear at the January 15th meeting. Case #02-088 Jerry McAdoo 411 NE 2nd Street 434 NW 4th Avenue Boynton Beach, FL Inspector Pierre presented the case and stated that the notice of violation was dated January 14, 2002 for violation of the Community Appearance Code. The respondent did appear at the March 20, 2002 Code Compliance Board Hearing. A compliance date of September 19, 2002 was set or be fined $25.00 per day. The property has not yet complied. Inspector Pierre reported that the respondent is working very hard to bring the property into compliance. Jerry McAdoo, 434 NW 4th Avenue, Boynton Beach, said that he tried to get the property into compliance by the weekend, but due to the poor weather, he was not 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 successful. The only thing remaining is installing some sod and that 99% of the work is done. Motion Mr. Foot moved that Case No. 02-088 be tabled until the Code Compliance Board Meeting to be held on December 18, 2002. Motion seconded by Mr. Walsh and unanimously carried. Case #02-2120 Brian & Jana Meade 2547 SW 10th Street Inspector Roy presented the case. The property was cited August 14, 2002 for violation of the Community Appearance Code. No one appeared at the September 18, 2002 Code Compliance Board hearing. A compliance date of October 3, 2002 was set or be fined $25.00 per day. The property has not yet complied. Brian Meade, 2547 SW 10th Street, Boynton Beach, stated that the case involves three cars that are not operable. He is trying to sell the 1989 Town Car and the 1993 Cadillac belongs to his mother-in-law. The original citation was for three cars, but he has since removed one. He further explained that the cars are not inoperable, they are only not registered. His mother-in-law will be registering the Cadillac when she comes down for the Holidays. Chairman DeLiso asked the respondent if he intended to register the car that was for sale and he stated he did not have the money to register and insure it since it is for sale. Mr. Foot suggested tabling the case until the December meeting to allow the respondent time to remove the vehicles. Motion Mr. Foot moved that Case No. 02-2120 be tabled until the Code Compliance Board Meeting to be held on December 18, 2002. Motion seconded by Mr. Walsh and unanimously carried. Case #02-1946 Daisy Brown 324 NE 12th Avenue Inspector Pierre presented the case. The notice of violation was dated July 30, 2002 for violation of the Florida Building Code. No one appeared at the September 18, 2002 Code Compliance Board Hearing and a compliance date of October 18, 2002 was set or be fined $25.00 per day. The property has not yet complied. John Martin stated that he lived at 324 NE 12th Avenue, Boynton Beach and that he is in the process of purchasing the property. He requested more time to bring the property into compliance and said that he was not aware that there was a violation on the property. ro Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Members were not certain if Mr. Martin could represent the owner without a power of attorney. Chairman DeLiso inquired why the property was cited and Inspector Pierre stated that it was the result of a red tag from the Building Division. The respondent installed some windows and doors without a permit. Inspector Pierre stated that the owner of the property had to apply for the permit. She is an elderly woman that no longer lives in Palm Beach County. It was pointed out that the owner would also have to hire a contractor. Attorney Pawelczyk said that the contractor could pull the permit on behalf of the owner. In any event, Mr. Martin was advised to obtain a power of attorney from the owner so that he could act on her behalf before the Board. Motion Vice Chair Hammer moved that Case No. 02-1946 be tabled until the Code Compliance Board Meeting to be held on January 15, 2003. Motion seconded by Ms. Costantino and unanimously carried. Case #02-1448 Emy DelMonaco 131 NE 5th Avenue 9880 Grand Verde Way Boca Raton, FL 33428 Inspector Webb presented the case and stated that the property was cited on June 4, 2002 for violation of the Standard Building Code. No one appeared at the August 21, 2002 Code Compliance Board Hearing. A compliance date of September 20, 2002 was set or be fined $25.00 per day. The property is not yet in compliance. Emy DelMonaco, 131 NE 5th Avenue, Boynton Beach, said that she has not lived at the Grand Verde Way address for over two years. Ms. DelMonaco stated that she was unaware that the property was not up to Code and the tenant never notified her of this. As soon as she was aware of the problem, she contacted Inspector Webb and requested that he inspect her property. She has tried to bring the property up to Code and fixed almost everything that needed to be done except for the windows. Because she has been having financial problems, she has declared bankruptcy that includes the home. Chairman DeLiso inquired if the respondent planned to keep the house and she said she did not. Attorney Pawelczyk inquired if the respondent had her bankruptcy papers with her and she stated that she did. Attorney Pawelczyk advised her to give copies to Mr. Blasie and requested that the case be tabled for 30 days so that he could look at the papers. Motion Vice Chair Hammer moved that Case No. 02-1448 be tabled until the Code Compliance Board Meeting to be held on December 18, 2002. Motion seconded by Mr. Walsh and unanimously carried. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Attorney Pawelczyk advised the respondent that it would be in her best interest to bring the property into compliance. VI. OLD BUSINESS B. Lien Reductions Case #99-2061 C. Brown/Foreclosure 3166 N. Seacrest Blvd. Services, Inc. P.O. Box 80-0225 Aventura, FL 33280 Mr. Blasie reported that there are two cases for this property that would be dealt with separately. The property owner of record is Cedonia Brown. The property was originally cited on August 23, 1999 for violation of the Community Appearance Code and occupational license required. The case came before the Board on February 16, 2000 and no one appeared. A compliance date of March 13, 2000 was set or be fined $25.00 per day. The property came into compliance on November 6, 2002 for a total fine of $24,175.00, plus administrative costs of $634.12. Mr. Blasie presented photographs that were taken today and two photographs taken on April 14, 2000. Rick Mercier and Dave Luskin assumed the podium. Mr. Mercier stated that they purchased the property at a foreclosure sale for non-payment of taxes. As soon as they learned there were liens on the property, they brought the property into compliance within 72 hours. Mr. Luskin stated that they were now in the process of evicting the people that are currently residing in the house and they were not even aware that people were living on the property. Chairman DeLiso asked the respondents if they were aware that there were liens on the property and they were not. They are trying to provide affordable housing in the City. Mr. Luskin said that they have never collected any rent and the people on the property were the tenants of the original owner. As soon as they took possession of the property, they informed the tenants that they had to move. As soon as the tenants move out, they plan to fix the property and sell it. Mr. Foot suggested assessing 10% of the fine, plus administrative costs. Mr. Luskin said that if they have to pay a fine, these costs would be passed on to anyone who purchases the property, thus negating affordable housing. Mr. Luskin requested that they be assessed only for the administrative costs. Mr. Miriana inquired when the new owners took possession and Mr. Blasie stated that County records indicate September 19, 2002. Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Motion Based on the testimony and evidence presented in Case No. 99-2061, 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. 99-2061, by virtue of this Board's Order of February 16, 2000 to a total of $3,000, including administrative costs. Motion seconded by Mr. Rossi. Chairman DeLiso commended the applicants for trying to bring affordable housing to the City. However, he felt that before they came in for a lien reduction, they should have made the improvements first. He did not feel that just by placing grass in the front yard justified a total reduction of the lien. Chairman DeLiso said that if the Board withdrew the motion and the respondents go back and rehab the house and come back for another hearing, he would be willing to entertain a lien reduction to only administrative costs. Mr. Luskin pointed out that they need to borrow money to make the improvements and they cannot borrow any money with a lien on the property. Mr. Rossi felt the fine was fair and noted that the property was not in compliance for 967 days. The Recording Secretary called the roll. The motion carried 6-1 (Vice Chair Hammer dissenting.) Mr. Blasie announced that once the Order is signed, the applicant has seven days to appeal to the City Commission for the case to be heard by the Commission. A City Commissioner also has the right to request to hear the case. Case #02-1137 C. Brown/ Foreclosure 3166 N. Seacrest Blvd. Services, Inc P.O. Box 80-0225 Aventura, FL 33280 Mr. Blasie stated that this was the second case for the same property and that the property was cited on May 1, 2002 for violation of the Community Appearance Code. The total fine is $2,775.00, plus $634.12 in administrative costs. Mr. Foot recommended a fine of 10% of the fine, plus one-half of the administrative costs for a total fine of $600.00. Motion Based on the testimony and evidence presented in Case No. 02-1137, and having been advised that the Respondents have complied with all lien reduction procedures 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 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. 02-1137, by virtue of this Board's Order of July 17, 2002 to a total of $600.00, including administrative costs. Motion seconded by Ms. Costantino. The Recording Secretary called the roll and the motion carried 6-1 (Chairman DeLiso dissenting.) Case #02-492 Philip Hermann 34F Southport Lane 615 Acadia Point Aurora, Ohio 44202 Mr. Blasie stated that the property was cited on March 1, 2002 as the result of a red tag from the Building Division that was dated February 27, 2002 due to an air conditioning installation that required a final inspection. The case first came before the Board on May 15, 2002. A compliance date of May 30, 2002 was set or be fined $25.00 per day. The property complied on July 24, 2002 for a total fine of $1,350.00, plus $634.12 for administrative costs. Philip Hermann, 34F Southport Lane, Boynton Beach, said that when he purchased the property, he hired a firm to inspect the property and during the inspection a rusted fuse box was found. The seller of the property hired an electrical contractor to correct it. One year later he found out that an inspection never took place. The original contractor finally corrected the problem after he called them several times. Chairman DeLiso noted that the installation and Mr. Blasie stated conditioning unit. Mr. Hermann before he took title. Motion respondent was cited for an air conditioning that the fuse box was connected to the air said that the seller was to have corrected this Based on the testimony and evidence presented in Case No. 02-492, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in Case No. 02-492, by virtue of this Board's Order of May 15, 2002 to $634.12, including administrative costs. Motion seconded by Mr. Rossi. The Recording Secretary called the roll. The motion failed 2-5 (Chairman DeLiso, Vice Chair Hammer, Ms. Costantino and Messrs. Walsh and Mariana dissenting.) Motion Based on the testimony and evidence presented in Case No. 02-492, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Ordinances, Mr. Walsh moved that this Board reduce the fine instituted in Case No. 02-492, by virtue of this Board's Order of May 15, 2002 to $0, including administrative costs. Motion seconded by Vice Chair Hammer. Motion carried 5-2 (Messrs. Foot and Rossi dissenting.) Case #01-1482 Ziad Kaddouri & 1611 N. Seacrest Blvd. Sandra Bosch 7335 Copper field Circle Lake Worth, FL 33467 Mr. Blasie reported that the case was originally cited on June 21, 2001 for failure to obtain an occupational license for rental property. The case first came before the Board on September 19, 2001 and no one appeared. A compliance date of October 1, 2001 was set or be fined $25.00 per day. The property complied on October 24, 2002 for 387 days of non-compliance and a total fine of $9,675, plus $634.12 in administrative costs. Ziad Kaddouri, 7335 Copperfield Circle, Lake Worth, said that he purchased some properties in Boynton Beach and when he applied for an occupational license he thought he didn't need an occupational license for a single-family home, only for duplexes. He said that he never received any letters or correspondence from the City regarding a violation. Mr. Blasie pointed out that the letters were sent to the address contained in the public records and as of June 20, 2001, the records indicated that his address was St. Andrews Boulevard, Boca Raton. Mr. Kaddouri stated that he was staying with his cousin at the time at 9 Finsbury Lane in Boynton Beach. He said that he changed his address on two of the properties that he owned, but unfortunately the change did not go through on the third property. The respondent stated that if he had received notice, he would have corrected the violation immediately. Mr. Kaddouri stated that he never lived in Boca Raton. Mr. Foot suggested assessing a fine of 10% of the penalty, plus the administrative costs. Motion Based on the testimony and evidence presented in Case No. 01-1482, 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. 01-1482, by virtue of this Board's Order of September 19, 2001, to $1,600.00, including administrative costs. Motion seconded by Mr. Rossi. Chairman DeLiso pointed out that since the City had the wrong address and the respondent never received notice, he felt that assessing a fine was not justified. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 The Recording Secretary called the roll. The motion carried 4-3 (Chairman DeLiso, Vice Chair Hammer and Mr. Walsh dissenting.) Attorney Pawelczyk informed the respondent that he had the right to appeal the Board's decision. Case #98-123 Thomas & Katherine Brophy 2889 SE 1st Place Mr. Blasie stated that the property was originally cited on January 12, 1998 for violation of the Standard Building Code regarding a carport enclosure. The case came before the Board on May 20, 1998 and no one appeared. A compliance date of June 15, 1998 was set or be fined $25.00 per day. The property complied on October 25, 2002 for 1,592 days of non-compliance for a fine of $39,800.00, plus administrative costs in the amount of $730.15. Mr. Blasie presented photographs of the property taken today and another photograph taken on May 19, 1998. The case was referred to the Code Compliance Division as the result of a red tag. Tom Brophy, 1178 St. Andrews Place, Wellington, Florida, assumed the podium with his attorney, Jerry Walsh. Mr. Blasie presented the photos to the respondent and then to the Board to view. Mr. Brophy stated that when they purchased the house, the carport was already there and they placed some sides around the carport to use it for storage. When the carport was red tagged, he obtained a building permit and thought that the problem had been resolved. Mr. Brophy said that they never called for a framing inspection and when he received a notice to appear before the Board, he tore the carport down in 1998. He stated that he was unaware that there was a fine on the property until he tried to refinance. After that, he learned that before he could have a lien reduction hearing, he had to bring the house into total compliance, which he did and obtained the proper permits. Attorney Walsh pointed out that Mr. Brophy had to do a great deal of work before he could come before the Board and that everything has been satisfied. Mr. Walsh said that the respondent was not aware that a fine was running because they tore the carport down in 1998. Mr. Blasie pointed out that part of the carport is still there and if they had obtained a permit, it would have been done right. Mr. Foot suggested a fine of 2% of the total fine including administrative costs for a total of $1,500. Mr. Foot felt that the City needed to send a message that people cannot mess up the neighborhoods. Attorney Walsh pointed out that the carport was in place when the Brophys purchased the property. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Motion Based on the testimony and evidence presented in Case #98-123, 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. 98-123, by virtue of this Board's Order of May 20, 1998 to $1,500.00, plus administrative costs. Motion seconded by Mr. Rossi. The Recording Secretary called the roll. The motion carried 4-3 (Chairman DeLiso, Mr. Walsh and Ms. Costantino dissenting.) Case #00-544 Francis & Ronald McLeod 319 NW 4th Street Lauren Weber 513 SW 10th Street Ft. Lauderdale, FL 33315 Mr. Blasie stated that the property was originally cited on March 13, 2000 for violation of the Community Appearance Code and came before the Board on June 21, 2000. A compliance date of July 17, 2000 was set or be fined $25.00 per day. The property complied on November 8, 2002 for 844 days of non-compliance for a total fine of $21,100.00, plus administrative costs of $730.15. Mr. Blasie presented two photographs taken August 15, 2000 and two photos taken today. Lauren Weber, 513 SW 10th Street, Ft. Lauderdale, Florida, stated that she purchased the property on October 17, 2002 for her brother who will be moving down in the summer. In the meantime, she planned to rent the property. As soon as she purchased the property she made repairs totaling $15,000.00. Motion Based on the testimony and evidence presented in Case No. 00-544 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case No. 00-544, by virtue of this Board's Order of June 21, 2000 to $1,100.00, including administrative costs. The Recording Secretary called the roll. The motion carried 4-3 (Vice Chair Hammer, Mr. Walsh and Ms. Costantino dissenting.) 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 V. NEW BUSINESS A. Cases to be Heard Case #02-2705 Property Address: Violations: Olga Garcia 118 NW 7th Street SBC '97 Edition 105.6; Permit #01-232, Work Completed without Inspections; See Copy of "Red Tag" dated October 3, 2002 Inspector Pierre presented the case. The property was originally cited on October 17, 2002 for violation of the Standard Building Code. Service was made by certified mail and Inspector Pierre presented photographs of the property. The Recording Secretary administered the oath to Ms. Sandra Lopez, who stated she was the sister of Olga Garcia. Her father resides at the property and Ms. Garcia lives in New York. Chairman DeLiso asked why the property was cited and Inspector Pierre stated that they repaired the driveway and replaced the roof. The respondent did obtain a permit, but they failed to have the work inspected. Mr. Foot suggested that the case be tabled to allow the property to be inspected. Motion Mr. Foot moved that Case No. 02-2705 be tabled until the Code Compliance Board Meeting to be held on December 18, 2002. Motion seconded by Vice Chair Hammer and unanimously carried. RECESS WAS DECLARED AT 8:40 P.M THE MEETING RECONVENED AT 8:50 P.M. Case #01-483 Thomas E. & Sandra M. Johnson Property Address: 64 Paxford Lane Violations: SBC '97 Edition 104.1 .1 and 104.7.2; Permit Application #00-2637 — Permit required for Screen Enclosure; See copy of red tag dated February 26, 2001. Inspector Cain presented the case. The property was originally cited on May 3, 2001 for violation of the Standard Building Code. Service was made by certified mail and the City recommends 30 days for compliance. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Motion Based on the testimony and evidence presented in Case #01-483, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Thomas E. and Sandra M. Johnson are in violation of the Standard Building Code. Vice Chair Hammer moved to order that the Respondents correct the violations on or before December 20, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. Case #02-2031 Stephanie Davis & Hester Taylor Property Address: 2651 NW 1 st Street Violations: SBC '97 Edition 105.6; Permit #97-3053; See copy of "red tag" dated July 12, 2002. Inspector Guillaume presented the case. The property was originally cited on August 6, 2002. The City recommends 15 days for compliance. Motion Based on the testimony and evidence presented in Case #02-2031, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Stephanie Davis and Hester Taylor are in violation of the Standard Building Code. Vice Chair Hammer moved to order that the Respondents correct the violations on or before December 5, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #02-2568 Carolyn Veasey Roberts Property Address: 2351 NE 1st Lane Violations: Chapter 15, Article IX -15-120 (D) AA; Storage of unlicensed and inoperable vehicles is not allowed in residential property. Inspector Guillaume presented the case. The property was originally cited on October 3, 2002. The City recommends a compliance date of December 20, 2002 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Motion Based on the testimony and evidence presented in Case #02-2568, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Carolyn Veasey Roberts is in violation of Code Sections Chapter 15, Article 1X- 15-120 (D) .1A of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before December 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. Case #02-1396 Elizabeth A. Hearon Property Address: 1841 Banyan Creek Circle N Violations: FBC '01, 104.6.2 and 104.1.1; Permit required and inspections for the new room addition. See copy of "red tag" dated May 24, 2002. Inspector Lewis presented the case. The property was originally cited on May 31, 2002. The City recommends December 20, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case #02-1396, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Elizabeth A. Hearon is in violation of the Florida Building Code, Sections 104.6.2 and 104.1.1. Vice Chair Hammer moved to order that the Respondent correct the violations on or before December 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Walsh and unanimously carried. Case #02-2285 Francette Seide Property Address: 518 SE 1St Street Violations: Section 13-16 B.B.C. of Ord. and Chapter 15, Article IX -15-120 (D) 1, Inc.; Rental license is required for rental of house; remove all unregistered, inoperable vehicles; remove all trash and debris. Inspector Lewis presented the case. The property was originally cited on September 6, 2002. The City recommends December 20, 2002 as the compliance date. iC Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Motion Based on the testimony and evidence presented in Case #02-2285, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Francette Seide is in violation of Code Sections 13-16 and Chapter 15, Article IX -15-120 (D) 1, Inc of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before December 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Walsh and unanimously carried. Case #02-2385 Alfred Payer Property Address: 455 SW 2"d Street Violations: Chapter 15, Article IX -15-120 (E) 2; Please repair or remove the white vinyl fence that is falling over. Inspector Lewis presented the case. The property was originally cited on September 18, 2002. The City recommends December 20, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case #02-2385, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Alfred Payer is in violation of Code Sections Chapter 15, Article IX -15-120 (E) 2 of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before December 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. Case #02-2213 Property Address: Violations: Paul Benito 137 NE 11th Avenue FBC '01 Edition 104.1.1 and 104.6.2; Window and door replacement done without permits; See copy of "red tag" dated May 15, 2002. Inspector Pierre presented the case. The case was originally cited on August 27, 2002. The City recommends December 20, 2002 as the compliance date. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Motion Based on the testimony and evidence presented in Case #02-2213, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Paul Benito is in violation of the Florida Building Code '01 Edition 104.1.1 and 104.6.2. Vice Chair Hammer moved to order that the Respondent correct the violations on or before December 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Walsh and unanimously carried. Case #02-2243 Raymond Mossburg Property Address: 520 NW 71h Street Violations: Chapter 15, Article IX -15-120 (D), Inc.; Please de -weed north side of driveway and sod it or extend your driveway; a permit is required. Inspector Pierre presented the case. The property was originally cited on August 30, 2002 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends December 20, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case #02-2243, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond Mossburg is in violation of Code Sections Chapter 15, Article 1X-15- 120 (D), Inc. of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before December 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. Case #02-2016 Judith Symonds Property Address: 412 NE 11th Avenue Violations: Chapter 15, Article IX -15-120 (D) AA and 120 (D) 1.E; Please remove all loose trash and all unlicensed and inoperable vehicles; sod all bare areas in yard; trim bushes. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Inspector Webb presented the Case. The property was cited on August 6, 2002 through routine neighborhood inspection. Service was obtained by posting and the City recommends December 20, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case #02-2016, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Judith Symonds is in violation of Code Sections Chapter 15, Article IX -15-120 (D) .1A and 120 (D) 1.E of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before December 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. Case #02-2554 Bank of New York Property Address: 161 NE 16th Court Violations: FBC '01 Edition 104.1.1 and 104.6.2; See copy of "red tag" dated October 3, 2002. Inspector Webb presented the case. The property was originally cited on October 8, 2002. Service was obtained by certified mail and the City recommends December 5, 2002 for compliance. Motion Based on the testimony and evidence presented in Case #02-2554, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that the Bank of New York is in violation of the FBC '01 Edition 104.1 and 104.6.2. Vice Chair Hammer moved to order that the Respondent correct the violations on or before December 5, 2002. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 6-1 (Mr. Foot dissenting.) Mr. Foot stated that just because the respondent was a Bank did not justify doubling the fine. Case #02-2725 Ronald F. Cook Property Address: 190 NW 21St Avenue Violations: Chapter 15, Article IX -15-120 (D) AA and 120 (D) .11113; Please remove all loose 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 trash and unlicensed and inoperable vehicle from yard and repair wooden fence. Inspector Webb presented the case. The property was originally cited on October 18, 2002 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends December 20, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case #02-2725, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Ronald F. Cook is in violation of Code Sections Chapter 15, Article IX -15-120 (D) .1A and 120 (D) 1B of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before December 20, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. Case #01-3510 Mirvyle & Cheops Dieujuste Property Address: 16 Crossings Circle E Violations: Section 13-16 B.B.C. of Ord. and SBC '97 Edition 104.1.1; an occupational license is required to rent unit; also, a permit is required to install a shed. Inspector Cain stated that the case was originally cited on December 28, 2001. The City recommends December 20, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case #01-3510, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Mirvyle and Cheops Dieujuste are in violation of Code Sections 13-16 of the B.B.C. of Ordinances and SBC '97 Edition 104.1.1. Vice Chair Hammer moved to order that the Respondents correct the violations on or before December 20, 2002. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Costantino and unanimously carried. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 VI. OLD BUSINESS A. Lien Penalty Certifications Inspector Roy reported that the City recommends certifying the fines in the following cases at $50.00 per day: Page 26 (Case #01-2761), Robyn Lorenz Ben -Ari Page 42 (Case #02-1548), Johnny & Betty Barber Case #01-2761 Robyn Lorenz Ben -Ari 805 SW 15t Court Motion Based on the testimony and evidence presented in Case No. 01-2761 and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Robyn Lorenz Ben -Ari has violated this Board's prior Order of January 16, 2002, and that this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Costantino and unanimously carried. Case #02-1548 Johnny & Betty Barber 111 NE 9th Avenue 6812 Long Key Point Lake Worth, FL 33467 Motion Based on the testimony and evidence presented in Case No. 02-1548 and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, Vice Chair Hammer moved that this Board find that Johnny and Betty Barber have violated this Board's prior Order of August 21, 2002, and that this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Costantino and unanimously carried. Inspector Roy reported that the City recommends certifying the fines in the following cases at $25.00 per day: Page 29 (Case #02-828), Stephen Solomon Page 33 (Case #02-2314), CitiMortgage, Inc. Page 40 (Case #02-1868), Church of God in Christ 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Case #02-828 Stephen Solomon 415 Button Wood Lane 308C Motion Based on the testimony and evidence presented in Case No. 02-828 and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Stephen Solomon 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. Motion seconded by Ms. Costantino and unanimously carried. Case #02-2314 CitiMortgage, Inc. 124 SE 29th Avenue Motion Based on the testimony and evidence presented in Case No. 02-2314 and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that CitiMortgage, Inc. has violated this Board's prior Order of October 16, 2002, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Costantino and unanimousl carried. Case #02-1868 Motion Church of God in Christ 340 NE 12th Avenue Y Based on the testimony and evidence presented in Case No. 02-1868 and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Church of God in Christ has violated this Board's prior Order of September 18, 2002, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Costantino and unanimously carried. Inspector Roy recommended tabling the following case until December 18, 2002 meeting. Case #01-2254 Town Tavern, Inc. 512 N. Federal Hwy. P. O. Box 333 Rahway, NJ 07065 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 Motion Vice Chair Hammer moved that Case No. 01-2254 be tabled until the Code Compliance Board Meeting to be held on December 18, 2002. Motion seconded by Ms. Costantino and unanimously carried. Inspector Roy recommended tabling the following case until the January 15, 2003 meeting. Case #02-1666 Michelle Hubbard 1239 Gondola Lane Mntinn Vice Chair Hammer moved that Case No. 02-1666 be tabled until the Code Compliance Board Meeting to be held on January 15, 2003. Motion seconded by Ms. Costantino and unanimously carried. Inspector Roy recommended certifying no fine in the following cases that have complied. Page 29 (Case #01-2964), Marta Pejouhy Page 32 (Case #02-1892), Tamee & Frederick Greer, Jr. Page 34 (Case #02-2266), Virgil Darville Page 37 (Case #02-858), Ann Jones Page 38 (Case #02-1989), Henry Roberson, Tr. Page 39 (Case #02-2034), Henry Watson Page 43 (Case #02-2318), M. & Lizzie King Case #01-2964 Motion Marta Pejouhy 152 SE 28th Avenue Based on the testimony and evidence presented in Case No. 01-2964, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Marty Pejouhy has violated this Board's prior Order of August 21, 2002, and that this Board impose and certify no fine, including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1892 Tamee & Frederick Greer, Jr. 2930 SE 2nd Street Motion Based on the testimony and evidence presented in Case No. 02-1892, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Vice Chair Hammer QQ Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 moved that this Board find that Tamee and Frederick Greer, Jr. have violated this Board's prior Order of September 18, 2002, and that this Board impose and certify no fine, including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #02-2266 Motion Virgil Darville 2010 NW 2"d Court Based on the testimony and evidence presented in Case No. 02-2266, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Virgil Darville has violated this Board's prior Order of October 16, 2002, and that this Board impose and certify no fine, including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #02-858 Ann Jones 314 NW 3rd Street Motion Based on the testimony and evidence presented in Case No. 02-858, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Ann Jones has violated this Board's prior Order of September 18, 2002, and that this Board impose and certify no fine including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #02-1989 Henry Roberson, Tr. 112 NE 4th Avenue Motion Based on the testimony and evidence presented in Case No. 02-1989, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Henry Roberson, Trustee has violated this Board's prior Order of September 18, 2002, and that this Board impose and certify no fine including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #02-2034 Motion Henry Watson 508 NW 9th Avenue Based on the testimony and evidence presented in Case No. 02-2034, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Henry Watson has violated this Board's prior Order 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 20, 2002 of September 18, 2002, and that this Board impose and certify no fine including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #02-2318 Motion M. & Lizzie King 221 NE 9th Avenue Based on the testimony and evidence presented in Case No. 02-2318, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Vice Chair Hammer moved that this Board find that M. and Lizzie King have violated this Board's prior Order of October 16, 2002, and that this Board impose and certify no fine including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. C. FORECLOSURES Motion Mr. Foot moved to authorize the City Attorney to proceed on foreclosures as listed below. Vice Chair Hammer seconded the motion that unanimously carried. Raymond and Linda Torres Case #02-722 Ruben Parker Case #01-2575 Benjamin McCandiss Case #00-3423 Boynton Associates, Ltd. Case #02-328 Seashore Industries, Inc. Case #02-265 Dale Beapot Case #01-3022 VII. ADJOURNMENT There being no further business, the meeting properly adjourned at 9:05 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) (November 22, 2002) 25