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Minutes 12-18-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, DECEMBER 18, 2002 AT 7:00 P.M. Present Chris DeLiso, Chairman Robert Foot James Miriana Enrico Rossi Dee Zibelli Michele Costantino, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Inspectors: Courtney Cain Luney Guillaume Richard Laverdure Skip Lewis Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb Absent Patti Hammer, Vice Chair Thomas Walsh Dave Rafkin, Alternate I. Call to Order Chairman DeLiso called the meeting to order at 7:00 p.m. II. Approval of Minutes - November 20, 2002 Mr. Foot requested that the following changes be made to the minutes: On Page 13, indicate that it was Mr. Rossi that seconded the last motion. On Page 19, indicate that it was Mr. Walsh that seconded the motion, not Mr. Foot. Motion Mr. Foot moved to approve the minutes, as amended. Motion seconded by Ms. Zibelli and unanimously carried. II1. Approval of Agenda Inspector Melillo requested that the following changes be made to the agenda: Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Page Page Page Page Page Page Page 3 (Case #02-2408), Andre St. Juste, removed 6 (Case #02-2589), John Fisher, removed 8 (Case #02-2589), John Fisher, removed 10 (Case #02-2371), Reb Oil Acquisition, Inc., complied 19 (Case #02-1952), Thomas St. Juste, complied 49, (Case #01-3022), Dale Beapot, removed 54 (Case #02-1013), Learie Wells, released Motion Ms. Zibelli moved to approve the agenda, as amended. Motion seconded by Ms. Costantino and unanimously carried. IV. Swearing in of Witnesses and Introduction Inspector Melillo 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 #02-2705: Property Address: Violation(s): 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 stated that the case was originally cited on October 17, 2002. He reported that work was performed on the driveway and roof by a contractor without being inspected. Jacqueline Nogueiera was present on behalf of her father who lives at the property. The owner resides in New York and refused to sign off for the inspections, nor will she give Ms. Nogueiera a power of attorney to represent her. Attorney Tolces stated that since the owner of the property is not present and would not consent to having an agent represent her, there is no one present authorized to make a plea on behalf of the owner. Attorney Tolces said that the Board could hear the City's case and consider any testimony that Ms. Nogueiera had to offer and then take all this into consideration when making a motion. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Chairman DeLiso advised Ms. Nogueiera to have the contractor arrange to have the property inspected. Attorney Tolces pointed out that the property could be inspected and compliance could be obtained without the owner's participation, but any fine assessed would go against the owner of the property. Mr. Miriana suggested tabling the case to allow Ms. Nogueiera an opportunity to have the property inspected. Chairman DeLiso noted that the case had been tabled previously. Mr. Foot suggested that the case be treated as if there was no one was present and that a compliance date be set. Motion Based on the testimony and evidence presented in Case No 02-2705, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Olga Garcia is in violation of the Standard Building Code '97 Edition 105.6. Mr. Foot moved to order that the Respondent correct the violation on or before January 17, 2003. 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 Mr. Miriana and unanimously carried. Mr. Foot pointed out that the reinspection in the vote is separate from the inspection required by the Building Division. Case #02-2687: Property Address: Violation(s) Poly Plastic Packaging Co., Inc. 510 Industrial Avenue FBC '01 Edition 104.1.1 and 104.6.2; Commencing work without permits; see copy of "red tag" dated October 4, 2002. Inspector Melillo stated that the case was originally cited on October 16, 2002 and service was accomplished by certified mail. Herbert Rothchild, President of Poly Plastic Packaging Co., Inc., 510 Industrial Avenue, Boynton Beach, pled guilty. Mr. Rothchild explained that they put up a new building and when they installed the new machinery they were unaware that they needed a permit. Mr. Rothchild presented a letter into evidence that in effect stated that they have had a meeting with Mr. Don Johnson and Mr. Timothy Large of the Building Division in order to bring the property into compliance. An engineering firm has been hired to provide the required design documents, and Mr. Rothchild requested 90 days for compliance due to the large amount of work that needs to be done. The City agreed to 90 days. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Motion Based on the testimony and evidence presented in Case No. 02-2687, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Poly Plastic Packaging Co., Inc. is in violation of the Florida Building Code '01 Edition 104.1.1 and 104.6.2. Ms. Costantino moved to order that the Respondent correct the violation on or before March 19, 2003. 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 Mr. Foot and unanimously carried. Case #02-2782: Property Address: Violation(s): Congregacion el Rosal, Inc. 3636 S. Seacrest Boulevard Section 15-16 B.B.C. of Ord. and PT 3-LDR, Chapter 23, Article II. O; Please install visible street numbers on the building; parking is only allowed on the approved parking lot in the front and side of the building. Backyard areas are not an approved parking lot; therefore, should not be used. Flood lights need to be directed onto your property only. Inspector Lewis stated that the case was originally cited on October 28, 2002 through a neighborhood complaint. Inspector Lewis presented photos into evidence that showed the parking was still occurring in the back of the building. Louis Lopez, 405 Mission Hill Road, Boynton Beach, pled not guilty because they were unaware that they were in violation of the Code. He said that they have used the back area for parking for many years without any problems. With regard to the floodlights, they have been in place for many years and there have been no complaints. As to the street number on the building, Mr. Lopez pointed out that the number is on the street sign. Mr. Lopez said that they are no longer parking in the rear of the property and presented plans indicating that they are remodeling the building to include additional parking in the rear. The plans have been submitted to the City and are in the review process. Mr. Lopez said that they received permission from the attorney next to their property to use his parking lot for overflow parking. With regard to the floodlights, Mr. Lopez responded that they have been directed to shine only on the ground. Inspector Lewis said that he checked the lights last 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 night and they were still shining on the neighbor's property. Inspector Lewis said that he would have to go back and check on the lighting. Motion Based on the testimony and evidence presented in Case No. 02-2782, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Congregacion el Rosal, Inc. is in violation of the City of Boynton Beach Code Sections 15-16 and PT3 - LDR, Chapter 23, Article II.O. Mr. Foot moved to order that the Respondent correct the violation on or before January 17, 2003. 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. Case # 02-2798: Property Address: Violation(s): Simon Jourdan 220 SE 24th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 10-52 B.B.C. of Ord.; Please remove all unregistered and inoperative vehicles from the property. Please remove beds, tires, and refrigerator stored outdoors. Remove all trash and debris. Attorney Tolces requested that the Recording Secretary administer the oath to Mr. Simon and other late arrivals. Inspector Lewis stated that the case was originally cited on October 30, 2002. He reported that he spoke to the respondent and noted that the vehicles have been removed, but there is still a pile of debris that needs to be removed. The other items are now stored in the enclosed carport. Simon Jourdan, 220 SE 24th Avenue, Boynton Beach, said that the property is under construction because he plans to live on the property and the debris is a result of the construction. He said that he would remove the debris tomorrow. Motion Based on the testimony and evidence presented in Case No.02-2798, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Simon Jourdan is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 10-52 of the B.B.C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before January 17, 2003. If the Respondent does not comply with this 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 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. Case #02-2432: Property Address: Violation(s): Lawrence E. White & John A. McCoy Trs. 2180 Hypoluxo Road FBC '01 Edition 105.6; Permit #01-0787. Please call for inspection. Must pass inspection; see copy of "red tag" dated May 3, 2001. Inspector Cain reported that the case was originally cited on September 23, 2002 and service was accomplished by hand carry. Steve Park, 2180 Hypoluxo Road, Boynton Beach, pled no contest and asked for 90 days. Mr. Park explained that they replaced a 10-ton air conditioning unit on the roof and the Fire Department would not approve the fire alarm hookup to the air conditioning system. If the hookup has to be changed, they would have to tear out the entire fire alarm system and reinstall it. Mr. Park explained that the property was a nursing home. The City agreed to 90 days. Motion Based on the testimony and evidence presented in Case No. 02-2432, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Lawrence E. White and John A. McCoy, Trustees are in violation of the Florida Building Code '01 Edition 105.6. Mr. Foot moved to order that the Respondents correct the violation on or before March 19, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25 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 #02-2602: Property Address: Violation(s): Rosetta J. Dean 345 NE 9th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Please register and make operable all vehicles or remove from your property; pick up all trash and debris. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Inspector Laverdure stated that the case was originally cited on October 10, 2002. The violation was discovered through routine inspection and service was made by certified mail. Mr. Waldo White, of 345 NE 9th Avenue, Boynton Beach, pled not guilty and said that he was the nephew of the owner. Inspector Laverdure presented photos of the property to Mr. White. Mr. White asserted that the tags on his vehicles are continually being stolen and presented the current registrations for the vehicles on the property. Attorney Tolces pointed out that Mr. White did not present anything in writing that he had authority to represent the owner at the hearing. Attorney Tolces stated that it was the Board's discretion to accept the plea. Chairman DeLiso pointed out that one of the vehicles had a flat tire rendering it inoperable. Mr. White responded that the vehicle was registered, but the plate had been stolen. Chairman DeLiso noted that the property looked good and the only thing that needed to be corrected was the fiat tire. Mr. White was told to repair the flat tire. Motion Based on the testimony and evidence presented in Case No. 02-2602, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Rosetta J. Dean is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before January 17, 2003. 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. Inspector Laverdure informed the respondent that a tag must also be placed on the vehicle in accordance with the Code. Case #02-2441: Property Address: Violation(s): Dorothy Andrews 417 NW 13th Avenue Chapter 15, Article IX-15-120 (D), Inc. Unregistered/inoperable vehicles are not allowed in residential area. Remove vehicle and debris off property; replace all broken windows and screens. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Inspector Pierre stated that the case was originally cited on September 24, 2002 through routine neighborhood inspection. Dorothy Andrews, 417 NW 13th Avenue, Boynton Beach, pled no contest and asked for 30 days. Ms. Andrews reported that all the broken windows and screens have been repaired. Motion Based on the testimony and evidence presented in Case No. 02-2441, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Dorothy Andrews is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc. Ms. Costantino moved to order that the Respondent correct the violation on or before January 17, 2003. 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 Mr. Foot and unanimously carried. Case #02-2598: Property Address: Violation(s): W.M. and Effie Mae Adams 103 NW 8th Avenue Tire shop and home food sales are not allowed in R-1-A residential area. Remove all tires and other debris. Also, doing business without an occupational license is prohibited. Replace all broken windows; remove all trash and debris off property. Inspector Pierre stated that the case was originally cited on October 10, 2002 through a citizen's complaint. Willie Adams, 103 NW 8th Avenue, Boynton Beach, pled no contest. Mr. Adams said that they are no longer selling tires at the property and they have been removed. Mr. Adams also stated that they are no longer selling meals from the house. With regard to the trash and debris, Inspector Pierre stated that he inspected the property yesterday and noted that there were tires and debris in the back yard. Inspector Pierre said that he would explain to Mr. Adams what is necessary to bring the property into compliance and presented photos of the property to the respondent. Ms. Zibelli inquired about the broken windows and was informed that they have been repaired. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Motion Based on the testimony and evidence presented in Case No. 02-2598, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that W. M. and Effie Mae Adams are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (E) 2C and Section 13-16 B.B.C. of Ordinances. Ms. Costantino moved to order that the Respondent correct the violation on or before January 17, 2003. 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 Mr. Miriana and unanimously carried. Case #02-2659: Property Address: Violation(s): Lucio and Maria V. Garcia 519 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D), Inc. Please remove all unregistered vehicles. Also, sod north side of the property and remove all trash and debris. Inspector Pierre stated that the case was originally cited on October 14, 2002 through routine inspection. Maria Garcia, 519 N. Seacrest Boulevard, Boynton Beach, stated that they finished sodding the property last night. The trash has been removed and the vehicle was towed off the property. Motion Based on the testimony and evidence presented in Case No. 02-2659, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Lucio and Maria V. Garcia are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violation on or before January 17, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25 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. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 VI. OLD BUSINESS A. Lien Penalty Certifications Case #02-2120 Brian & Jana Meade 2547 SW 10th St. Inspector Roy presented the case and stated that the notice of violation was dated 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 per day. The property is not yet in compliance. Inspector Roy reported that he spoke with Mr. Meade who informed him that there have been several family problems that are delaying compliance. The City recommends tabling the case until the January 2003 meeting. Brian Meade, 2547 SW 10th Street, Boynton Beach agreed with tabling the case and stated that the property would be in compliance by the next meeting. Motion Mr. Rossi moved that Case No. 02-2120 be tabled until the Code Compliance Board Meeting to be held on January 15, 2003. Mr. Foot seconded the motion that carried unanimously. Case #01-2554 Marta Pehouhy 152 SE 28th Ave. Inspector Roy stated that the notice of violation was September 25, 2001 for unsafe buildings. No one appeared at the November 21, 2001 Code Compliance Board Hearing. A compliance date of December 21, 2001 was set or be fined $25 per day. The property has not yet complied for 362 days of non-compliance. Inspector Roy submitted for the record a letter from the Division of Community Improvement setting forth why the respondent was not eligible for assistance. Attorney Burt Shapiro appeared with Ms. Pehouhy and reported that the front of the property has been resodded with the assistance of the City. Attorney Shapiro noted that Ms. Pehouhy is trying to bring the property into compliance. He pointed out that the issue before the Board deals with a room that was added onto the house over 30 years ago without a permit and now needs to be repaired or removed. The reason that the Division of Community Improvement cannot help Ms. Pehouhy is that it is a requirement that she be current in her taxes and that the property is insured. Ms. Pehouhy has paid the 2000 taxes and the only year delinquent are the 2001 taxes, since the 2002 taxes are not technically overdue until March 2003. Attorney Shapiro asked for an additional four months so that Ms. Pehouhy can take care of the financial requirements that the Division of Community Improvement requires in order to assist her. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Ms. Zibelli pointed out that there are many organizations in the City that help people, such as faith-based churches, sports programs for the children and nice housing for middle and upper class people, but there is nothing in the City to help someone in Mrs. Pehouhy's situation. Ms. Zibelli questioned why there is no affordable housing for the elderly that is available in the northern states. Why aren't there people out there to help someone that really needs help? Mr. Foot noted that he had previously suggested to Ms. Pehouhy that she consider applying for a reverse mortgage that could provide funds to assist her. Chairman DeLiso stated that Mrs. Pehouhy has been before this Board on several occasions and there have been other people and other attorneys that have tried to help her. Unless Ms. Pehouhy is willing to let people help her, she will continue to appear before the Board. Chairman DeLiso noted that Ms. Pehouhy was fully aware that her taxes have to be paid and that she must have homeowner's insurance to receive help from the City. This has been pointed out to her many times over the past years. Chairman DeLiso felt that tabling the case was only putting a band aid on a bad situation. Chairman DeLiso thought that the Board should certify the case and if and when Ms. Pehouhy gets the taxes paid and obtains insurance, she could then apply for a lien reduction. Chairman DeLiso reminded the Board that this case is over a year old and the room in the back needs to be torn down. Ms. Zibelli would like additional time to see if there is some organization or people that could help Ms. Pehouhy before certifying the case. Mr. Foot pointed out that if the Board certified the lien, Ms. Pehouhy would have to pay $200 to have a lien reduction hearing. Attorney Shapiro requested that the case be tabled for one month so that he could assist Ms. Pehouhy with the options presented tonight. Mr. Foot inquired if the safety issues at the property have been resolved. Inspector Roy was not certain, but thought that there has been no work done on the property. Chairman DeLiso felt that the only way the property could come into compliance would be to tear down the room. After much discussion, members agreed to table the case until the next meeting to provide Ms. Pehouhy an opportunity to come up with a plan. Motion Mr. Foot moved that Case No. 01-2554 be tabled until the Code Compliance Board Meeting to be held on January 15, 2003. Motion seconded by Mr. Miriana and unanimously carried. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Case #02-088 Jerry McAdoo 411 NE 2nd Street Inspector Pierre 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 per day. The property has not yet complied for 90 days of non-compliance; however, Mr. McAdoo telephoned Inspector Pierre today and informed him that the property complied late today. Jerry McAdoo, 434 NW 4th Avenue, Boynton Beach, stated that the grass has been planted and the violation has been corrected. Mr. Foot suggested tabling the case for one month so that the property could be inspected. Motion Mr. Foot moved that Case No. 02-088 be tabled Board Meeting to be held on January 15, 2003. Costantino and unanimously carried. until the Code Compliance Motion seconded by Ms. Chairman DeLiso requested that Inspector Pierre note that when he performs his final inspection that the compliance date was today so that the fine would not continue. Case #01-2254 Town Tavern, Inc. P.O. Box 333 Rahway, NJ 07065 512 N. Federal Hwy. Don Farren was present representing the Elks Club, which is the primary tenant of the Town Tavern, Inc. Mr. Farren stated that the property was damaged as a result of the work being done on the gazebo that the City built on the east side of the plaza. He also said that neither the landlord, nor the tenant, ever gave permission to use their property as a staging area. He met with Pete Mazzella of the City's Utilities Department, and Mr. Ma7_zella acknowledged that there was damage to the irrigation system, which caused the shrubbery to die. This was the reason that the property was cited. The City is now repairing the irrigation and as soon as this is completed, they will do the shrubbery work. Chairman DeLiso inquired how long the irrigation repairs would take, and Mr. Blasie suggested tabling the case for 60 days. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Motion Mr. Rossi moved that Case No. 01-2254 be tabled until the Code Compliance Board Meeting to be held on February 19, 2003. Motion seconded by Ms. Costantino and unanimously carried. Case #02-1448 Emy Delmonaco 2805 SW 22nd Avenue Apt. 203 Delray Beach, FL 33445 131 NE 5th Avenue Inspector Webb stated that the notice of violation was dated 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 per day. The property is not yet in compliance. Emy L. Delmonaco, noted that the property is included in her bankruptcy filing and she does not intend to keep the property. On December 9, 2002 she had a meeting with the creditors and she is awaiting discharge, which could take up to 90 days. At that time, she will no longer own the home. Motion Mr. Miriana moved that Case No. 02-1448 be tabled until the Code Compliance Board Meeting to be held on March 19, 2003. Motion seconded by Ms. Costantino and unanimously carried. Case #02-1684 Chase Mort~[age Co. 1800 NW 49'" Street #120 Ft. Lauderdale, FL 33309 1012 SE 3rd Street Inspector Lewis stated that the notice of violation was dated July 3, 2002 for violation of the Community Appearance Code. No one appeared at the August 21, 2002 Code Compliance Board Hearing. A compliance date of September 5, 2002 was set or be fined $25.00 per day. The property has not yet complied for 104 days of non-compliance. Derek Doherty presented a document from the bank showing that he is now the owner of the property and stated that he intends to live there. Attorney Tolces requested to look at the document furnished by Mr. Doherty. Attorney Tolces requested that Mr. Doherty furnish a copy of the deed, which he agreed to do. Inspector Lewis pointed out that the back yard needs to be cleaned up and mowed and then the case could be closed. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Motion Mr. Foot moved that Case No. 02-1684 be tabled until the Code Compliance Board Meeting to be held on January 15, 2003. Motion seconded by Ms. Costantino and unanimously carried. Cases to be Heard Case #02-2681: Property Address: Violation(s): Philip Denaro 64 Baytree Lane Remove inoperable, unregistered cars from property; maintain ficus hedge in rear at 6' high or have trees cleared from bottom to 5'. Inspector Roy stated that the property was originally cited on October 16, 2002 through a complaint from the homeowner's association and a neighbor. Service was accomplished by certified mail. Philip Denaro, 64 Baytree Lane, Boynton Beach, was administered the oath by the Recording Secretary. Mr. Denaro stated that all his vehicles are operable and registered. He stated that he faxed copies of the vehicle registrations to the Code office. With regard to the hedge in his back yard, he has been requested to trim it down to 6', which he has agreed to do this weekend Mr. Denaro pled no contest and asked for 30 days for compliance. Inspector Roy reported if the respondent cuts the hedge down to 6' he will not be required to trim the trees. Motion Based on the testimony and evidence presented in Case No. 02-2681, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Philip Denaro is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. and PT 3 of the Land Development Regulations, Chapter 2, Section 4.J.1. Ms. Costantino moved to order that the Respondent correct the violation on or before January 17, 2003. 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 Mr. Foot and unanimously carried. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 LIEN REDUCTIONS Case #00-998 Francois Alphonse 1521 N. Seacrest Blvd. Mr. Blasie reported that the case was cited on April 27, 2000 for violation of the Community Appearance Code. No one appeared at the August 16, 2000 Code Compliance Board Hearing. A compliance date of September 18, 2000 was set or be fined $25 per day. The property complied late today, December 18, 2002, for 821 days of non-compliance and a fine of $20,525, plus administrative costs in the amount of $730.15. Because the property complied late today, Mr. Blasie did not have a photograph of the property. He submitted a photograph of the property taken on October 17, 2000 that showed the side of the driveway that had been mulched and used for parking. That area is now grass, which brought the property into compliance. Ms. Pierre, niece of Francois Alphonse, appeared on behalf of her uncle, who is sick and unable to attend. Chairman DeLiso inquired why it took so long to bring the property into compliance. Ms. Pierre responded that she is the only one who lives at the property that speaks English and when the property was originally cited, she was not living there. Ms. Pierre said that she has to read everything that comes to the house so that her uncle knows what is going on. Because she was not there when the notices were received, they did not know what to do with them. She explained that they had made the repairs as required, but were not aware that they had to call for inspections. Chairman DeLiso inquired how Ms. Pierre learned that there was a lien on the property, and she said that she determined this when she saw the papers. Also, her uncle would like to sell the house to her mother since he is ill. Chairman DeLiso inquired how many times the property had been cited, and Mr. Blasie responded that the property is not a problem property. Mr. Foot suggested a fine of $1,000 that would include administrative costs. Chairman DeLiso pointed out that the respondent was not a repeat violator, there was a language barrier, and the property was brought into compliance as soon as they knew what was necessary. Motion Based on the testimony and evidence presented in Case No. 00-998, 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. 00-998, by virtue of this Board's Order of August 16, 2000 to $730.15, including administrative costs. Motion seconded by Mr. Rossi and unanimously carried. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Mr. Blasie explained the appeal process that is available to an applicant and noted that the possibility exists that a Commissioner may wish to hear the case. RECESS WAS DECLARED AT 9:00 P.M. THE MEETING RECONVENED AT 9:10 P.M. LIEN REDUCTIONS Case #00-2128 Boynton West Condo Assn., Inc. 2920 SW 22nd Circle 319 E-1 Delray Beach, FL 33445 3010 SW 14th PI Mr. Blasie reported that the property was cited on August 22, 2000 for violation of the Community Appearance Code and Landscape Regulations. A representative appeared at the February 21, 2001 Code Compliance Board Hearing. A compliance date of April 16, 2001 was set or be fined $25 per day. The property complied on August 20, 2002 for 490 days of non-compliance and a fine in the amount of $12,250, plus $826.18 in administrative costs. Mr. Blasie explained that there was a previous lien reduction hearing for 3020 SW 14th Place. These properties are adjacent to each other and at that time the applicant thought that the lien reduction hearing covered both pieces of property, which was not the case. The first lien reduction was heard on September 26, 2002 and the fine in that case was reduced to administrative costs. Mr. Blasie presented photos taken on May 15, 2001 and one taken today that showed the swale area now has grass. Mr. Blasie pointed out that when the properties were inspected, both properties were inspected at the same time, which should be taken into consideration when assessing a fine. Motion Based on the testimony and evidence presented in Case No. 00-2128, 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, Ms. Costantino moved that this Board reduce the fines instituted in Case No. 00-2128, by virtue of this Board's Order of February 21, 2001 to $250. Motion seconded by Mr. Miriana and unanimously carried. Case #01-1857 Audma Lang/ 200 SW13th Avenue Chase Manhattan Mtg. Corp. Mr. Blasie reported that the property was originally cited on July 26, 2001 for violation of the Community Appearance Code. The case came before the Board on September 19, 2001 and no one appeared. A compliance date of October 15, 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 2001 was set or be fined $25.00 per day. The property came into compliance on December 18, 2002 for 428 days of non-compliance and a fine of $10,700, plus $634.12 in administrative costs. Mr. Blasie presented photographs taken on December 2, 2002 and two photographs taken today. Angie Crosby, 1091 NW 10th Court, Boynton Beach, stated that she was the realtor for the property. Ms. Crosby pointed out that Chase Manhattan Bank is now the owner of the property and they have a buyer for the property. Mr. Blasie reported that thousands of dollars have been spent to bring the property into compliance, including 18 pallets of sod to cover the entire yard. The irrigation system has been repaired, as well as the screen enclosure around the pool and the pool itself. Motion Based on the testimony and evidence presented in Case No. 01-1857, 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. 01-1857, by virtue of this Board's Order of September 19, 2001 to $634.12, including administrative costs. Motion seconded by Ms. Costantino and unanimously carried. Case #99-555 Claude Francois 229 SE 4th Avenue Mr. Blasie stated that the property was originally cited on March 29, 1999 for violation of the Community Appearance Code. The case came before the Board on May 19, 1999 and no one appeared. A compliance date of June 1, 1999 was set or be fined $25 per day. The property complied on November 26, 2002 for 1,273 days of non-compliance, resulting in a fine of $31,825, plus $634.12 in administrative costs. Mr. Blasie presented two photos taken on May 17, 1999 and two photos taken today. Mr. Blasie noted that the property now looks good since it has been brought into compliance. Mr. Foot inquired when the tractor-trailer had been removed and was informed it was around August 3, 1999. Motion Based on the testimony and evidence presented in Case No. 99-555, 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. 99-555, by virtue of this Board's Order of May 19, 1999 to $1000, 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 including administrative unanimously carried. Case #97-4413 costs. Motion seconded Massillon Esterlin & Hyrus Dorsonne by Ms. Costantino and 422 SW 6th Avenue Mr. Blasie reported that the property was originally cited on January 8, 1998 for violation of the Community Appearance Code. The case first came before the Board on March 18, 1998 and no one appeared. A compliance date of April 13, 1998 was set or be fined $25 per day. The property complied on December 4, 2002 for 1,696 days of non-compliance, resulting in a total fine of $42,400, plus $730.15 in administrative costs. Mr. Blasie presented photos taken on May 20, 1998 and on October 2, 1998 and a photo taken today. Inspector Guillaume interpreted for the respondents. Chairman DeLiso asked the respondent why it took so long for him to bring the property into compliance. Inspector Guillaume stated that the respondent did not understand the violation. Chairman DeLiso inquired how much it cost the respondent to bring the property into compliance and was informed it was approximately $600 to $700. Chairman DeLiso pointed out that it took the respondent five years to bring his property into compliance only because he wanted to refinance it. Motion Based on the testimony and evidence presented in Case No. 97-4413, 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. Miriana moved that this Board reduce the fines instituted in Case No. 97-4413, by virtue of this Board's Order of March 18, 1998 to $1,730.15, including administrative costs. Motion seconded by Ms. Costantino and unanimously carried. Case #01-2945 Sadrac J. Baptiste 338 SW 9th Avenue Mr. Blasie reported that the property was originally cited on October 31, 2001 for violation of the Community Appearance Code. The case came before the Board on January 16, 2002 and no one appeared. A compliance date of February 15, 2002 was set or be fined $40 per day. The property complied on August 5, 2002 for 170 days of non-compliance, resulting in a fine of $4,250, plus $634.12 in administrative costs. Mr. Blasie represented photos taken today and one taken on March 19, 2002. Pierre St. Jean of Century 21 was present on behalf of the prior owner and explained that the property has been sold. Chairman DeLiso asked Mr. St. Jean if he was aware that there was a violation on the property when the property was sold and he stated he learned of the violation during the title process. At that time he contacted the City; however, the sale took place, the funds were placed 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 in escrow, and he brought the property into compliance. Mr. St. Jean stated that the proceeds of the sale are not sufficient to pay for the lien, plus the closing costs. He stated that the owner was unaware that there was a violation on the property since a tenant occupied the property and never informed the owner of the violation. The owner during this time was living in Haiti and was unable to come back to this Country to maintain the property. Chairman DeLiso felt that more effort could have been put into the property to bring it into compliance, and Mr. St. Jean stated that they did not have enough money. Mr. Blasie pointed out that the actual fine was $6,800, not $4,250. Motion Based on the testimony and evidence presented in Case No. 01-2945, 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, Ms. Costantino moved that this Board reduce the fines instituted in Case No. 01-2945, by virtue of this Board's Order of January 16, 2002 to $1,634.12, including administrative costs. Chairman DeLiso thought that the fine was excessive, but it was pointed out that the respondent had been a repeat violator. Vote The motion unanimously carried. Case #01-2285 Joseph St. Elot Charles Phillipe 407 NE 2nd Street Mr. Blasie stated that the property was originally cited on August 28, 2001 for violation of the Community Appearance Code. The respondent did appear at the November 21, 2001 Board Hearing. A compliance date of February 18, 2002 was set or be fined $25 per day. The property complied on November 20, 2002 for 274 days of non-compliance, resulting in a fine of $6,850, plus administrative costs of $634.12. Mr. Blasie presented photos taken today and on November 20, 2001. Joseph St. Eliot, 407 NE 2nd Street, Boynton Beach, stated that he did all the work that the City requested when he was cited, except for one spot that required grass, which is now in compliance. Motion Based on the testimony and evidence presented in Case No. 01-2285, 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 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Code of Ordinances, Mr. Miriana moved that this Board reduce the fines instituted in Case No. 01-2285, by virtue of this Board's Order of November 21, 2001 to $634.12, including administrative costs. Motion seconded by Mr. Foot and unanimously carried. CASES TO BE HEARD Case #02-2449: Property Address: Violation(s): Jacob & Shellie J. Rus 2751 NE 4th Street Chapter 15, Article IX-15-120 (D) .lA; Storage of unlicensed and inoperable vehicle is not allowed on residential property Inspector Guillaume presented the case. The case was cited on September 26, 2002. The City recommends January 17, 2003 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-2449, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Jacob and Shellie J. Rus are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Ms. Costantino moved to order that the Respondents correct the violation on or before January 17, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #01-3431: Property Address: Violation(s): Ralph Rosie, Inc. 2007 S. Federal Hwy. SBC '97 Edition 104.1.1. Permits required for deck awning and rocked landscape. Inspector Roy presented the case. The property was originally cited on December 14, 2001 through routine inspection of the neighborhood. Service was made by hand carry and the City recommends January 17, 2003 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 01-3431, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Ralph Rosie, Inc. is in violation of the Standard Building Code '97 Edition 104.1.1. Mr. Foot moved to order that the Respondent correct the violation on or before January 17, 2003. 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 Mr. Miriana and unanimously carried. Case #02-2459: Property Address: Violation(s): Peter & Jacqueline V. Hedgewick 2201 SW 22nd Way SBC '97 Edition 105.6. Inspections required for air conditioner; see copy of "red tag" dated August 21, 2002. Inspector Roy stated that the property was originally cited on September 27, 2002. Service was accomplished by posting and the City recommends January 17, 2003 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-2459, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Peter and Jacqueline V. Hedgewick are in violation of the Standard Building Code '97 Edition 105.6. Ms. Costantino moved to order that the Respondents correct the violation on or before January 17, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-312: Property Address: Violation(s): Donald B. & Ann M. Miele 823 Shore Drive SBC '97 Edition 04.1.1 and 104.7.2. Your dock was constructed prior to the issuance of permits; See copy of "red tag" dated January 30, 2002. Inspector Laverdure stated that the case was originally cited on February 1, 2002. Service was accomplished by certified mail and the City recommends January 17, 2003 as the compliance date. Motion 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Based on the testimony and evidence presented in Case No. 02-312, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Donald B. and Ann M. Miele are in violation of the Standard Building Code '97 Edition 104.1.1 and 104.7.2. Mr. Miriana moved to order that the Respondents correct the violation on or before January 17, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25 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 #02-2601: Property Address: Violation(s): Will and Ann Watson 211 NE 9th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Please define your driveway area; remove weeds from rock area and install grass in bare spots. Inspector Laverdure stated that the case was originally cited on October 10, 2002 through routine inspection. Service was accomplished by certified mail and the City recommends January 17, 2003 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-2601, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Will and Ann Watson are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Ms. Costantino moved to order that the Respondents correct the violation on or before January 17, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-2682: Property Address: Violation(s): Ruthie M. Evans 525 NE 2nd Street Chapter 15, Article IX-15-120 (D) 1, Inc.; Please install grass in all bare spots in yard and swale area. Also, register all unregistered vehicles or remove them from the property. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Inspector Laverdure stated that the case was originally cited on October 16, 2002 through routine inspection. Service was accomplished by certified mail and the City recommends January 17, 2003 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-2682, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Ruthie M. Evans is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Ms. Costantino moved to order that the Respondent correct the violation on or before January 17, 2003. 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 Mr. Miriana and unanimously carried. Case #02-2712: Property Address: Violation(s): Julius Sanon 124 SW 10th Avenue Chapter 15, Article IX-15-120 (D) .lA; Please remove all appliances and furniture from yard and carport. Inspector Cain stated that the case was originally cited on October 17, 2002 through routine inspection. Service was accomplished by certified mail and the City recommends January 17, 2003 as the compliance date. Ms. Costantino inquired if the door was still on the refrigerator and Inspector Cain responded that the door was still intact. Mr. Foot recommended seven days for compliance. Motion Based on the testimony and evidence presented in Case No. 02-2712, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Julius Sanon is in violation of the City of Boynton Beach Code Sections Chapter 15, Article 1×-15-120 (D) .lA of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before December 24, 2002. If the Respondent does not comply with this Order, a fine in the amount of $50 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. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Case #02-1139: Property Address: Violation(s): Joseph and Mary Burkhart 870 W. Industrial Avenue FBC '01 Edition 3401.6; Please repair outside bays and maintain in a safe and sanitary condition. Repairs will need permits and inspections. Remove sand from easement Inspector Webb stated that the case Service was obtained by certified mail 2003 as the compliance date. was originally cited on May 1, 2002. and the City recommends January 17, Motion Based on the testimony and evidence presented in Case No. 02-1139, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph and Mary Burkhart are in violation of FBC '01 Edition 3401.6. Mr. Miriana moved to order that the Respondents correct the violation on or before January 17, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25 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 #02-2555: Property Address: Violation(s): Eslett Ruiz 2131 NW 1st Street Chapter 15, Article IX-15-120 (D) .lA and Section 15-16 B.B.C. of Ord.; Please mow tall weeds, remove all loose trash and debris; place house number on building. Inspector Webb stated that the case was originally cited on October 9, 2002. Service was obtained by posting and the City recommends December 30, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-2555, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Eslett Ruiz is in violation of Code Sections Chapter 15, Article 1×-15-120 (D) .lA and Section 15-16 B.B.C. of Ordinances. Ms. Costantino moved to order that the Respondent correct the violation on or before December 30, 2002. If the Respondent does not comply with this Order, a fine in the amount of $25 per day, 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #02-2578: Property Address: Violation(s): Terri L. Washington 1413 NW 4th Street SBC '97 Edition 104.1.1; Must have inspections on outstanding permits; see copy of "red tag" dated August 15, 2001. Inspector Webb stated that the case was originally cited on October 9, 2002. Service was obtained by posting and the City recommends December 30, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-2578, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Terri L. Washington is in violation of SBC '97 Edition 104.1.1. Ms. Costantino moved to order that the Respondent correct the violation on or before December 30, 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 Mr. Foot and unanimously carried. Case #02-2727: Property Address: Violation(s): Ernestine McCIoud 2181 NW 1st Street Chapter 15, Article IX-15-120 (D) .lA; Storage of unlicensed and inoperable vehicles on residential property is not allowed. Inspector Webb stated that the case was originally cited on October 18, 2002. Service was obtained by posting and the City recommends December 30, 2002 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 02-2727, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Ernestine McCIoud is in violation of Code Section Chapter 15, Article IX- 15-120 (D) .lA of the City Code of Ordinances. Ms. Costantino moved to order 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 that the Respondent correct the violation on or before December 30, 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 Mr. Miriana and unanimously carried. Case #02-2728: Property Address: Violation(s): Janie F. Fuller 2081 NW 2nd Street Chapter 15, Article IX-15-120 (D) .lA; Outside storage of items under carport is not allowed; unlicensed and inoperable vehicle must be removed. Inspector Webb stated that the case was originally cited on October 18, 2002. Service was obtained by hand carry and the respondent requested 60 days for compliance. The City agreed to 60 days. Motion Based on the testimony and evidence presented in Case No. 02-2728, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law that Janie F. Fuller is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) .lA of the City Code of Ordinances. Ms. Costantino moved to order that the Respondent correct the violation on or before February 17, 2003. 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 Mr. Miriana and unanimously carried. Case #02-2729: Property Address: Violation(s): Velina R. Treadwell 2073 NW 2nd Street Chapter 15, Article IX-15-120 (D) .lA; Storage of unlicensed and inoperable vehicle on residential property not allowed. Inspector Webb stated that the case was originally cited on October 18, 2002. Service was obtained by posting and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 02-2729, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 law that Velina R. Treadwell is in violation of Code Sections Chapter 15, Article 1×-15-120 (D) .lA of the City Code of Ordinances. Ms. Costantino moved to order that the Respondent correct the violation on or before December 30, 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 Mr. Miriana and unanimously carried. Case #02-2744: Property Address: Violation(s): Kevin Conway 1615 NE 3rd Court Section 10-2 B.B.C. of Ord., Chapter 15, Article IX-15-120 (D) 1, Inc., 120 (E) 2C and FBC 2000, 424.2.17.1.8; Property is overgrown. Please trim all bushes and trees. Remove all loose trash. Replace or repair fence around pool and clean dank water in pool. Pool barrier must have a self-latching gate. Repair broken windows. Inspector Webb stated that the case was originally cited on October 23, 2002. Service was obtained by posting and the City recommends January 17, 2003 as the compliance date. Ms. Costantino asked about the pool and Inspector Webb stated that the holes in the fence have been repaired. Motion Based on the testimony and evidence presented in Case No. 02-2744, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Kevin Conway is in violation of Code Sections 10-2, Chapter 15, Article IX-15-120 (D) 1, Inc., and 120 (E) 2C of the City Code of Ordinances and FBC 2000, 424.2.17.1.8. Mr. Miriana moved to order that the Respondent correct the violation on or before January 17, 2003. 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 Mr. Foot and unanimously carried. VII. OLD BUSINESS LIEN PENALTY CERTIFICATIONS 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 Inspector Melillo reported that the City recommends tabling the following cases for 30 days: Page 30 (Case #02-230), Townhouses of Golfview Harbor Page 32 (Case #02-1248), Perry & Sandra Bland Case #02-230 Townhouses of Golfview Harbor 1416 Oxford Lane Motion Mr. Foot moved that Case No. 02-230 be tabled until the Code Compliance Board Meeting to be held on January 15, 2003. Motion seconded by Ms. Costantino and unanimously carried. Case #02-1248 Perry & Sandra Bland 147 SW 25th Ave. Motion Mr. Foot moved that Case No. 02-1248 be tabled until the Code Compliance Board Meeting to be held on January 15, 2003. Motion seconded by Ms. Costantino and unanimously carried. Inspector Melillo reported that the City recommends certifying no fines in the following cases: Page 38 (Case #02-1935), Joseph & Josephine Nania Page 40 (Case #02-605), D.L. & Violet Folsom (Bruce Strnad) Case #02-1935 Joseph & Josephine Nania 150 Flamingo Drive Motion Based on the testimony and evidence presented in Case No. 02-1935 and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Joseph and Josephine Nania have violated this Board's prior Order of September 18, 2002 and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #02-605 Motion D. L. & Violet Folsom & Bruce Strnad 224 SE 6th Avenue Based on the testimony and evidence presented in Case No. 02-605 and having considered the gravity of the violations, the actions taken by the Respondent and 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 18, 2002 any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that D.L. and Violet Folsom (Bruce Strnad) have violated this Board's prior Order of June 19, 2002 and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Inspector Melillo reported that the City recommends certifying the fines in the following cases at $25 per day: Page 34 (Case #02-603), Bradley Stocker Page 41 (Case #02-1587), Carolyn Allen Estate Page 42 (Case #02-2182), Klm and Brad McEwen Case #02-603 Bradley Stocker 148 SW 14th Ave. Motion Based on the testimony and evidence presented in Case No. 02-603 and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Bradley Stocker has violated this Board's prior Order of May 15, 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. Case #02-1587 Carolyn Allen Estate 525 NW 12th Ave. Motion Based on the testimony and evidence presented in Case No. 02-1587 and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that the Carolyn Allen Estate 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 unanimously carried. Case #02-2182 Kim & Brad McEwen 1215 NW 8th Ct. Motion Based on the testimony and evidence presented in Case No. 02-2182 and having considered the gravity of the violations, the actions taken by the 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida December18,2002 Respondents and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Kim and Brad McEwen have 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Costantino and unanimously carried. Mr. Blasie announced that Lynn Aronofsky of the Code Department is leaving to accept a job with the Federal Government at Palm Beach International Airport. Mr. Blasie thanked Ms. Aronofsky for her years of dedication to the Department and the Code Board. FORECLOSURES Motion Mr. Foot moved to authorize the City Attorney to proceed on foreclosures as listed below. Ms. Costantino seconded the motion that unanimously carried. Edmundo & Laura Manterola Harold Hall Audrelyn Dewar Cados & Leonor Perez Linda Lester 01-2627 01-3182 02-516 01-3280 02-513 VII. ADJOURNMENT There being no further business, the meeting properly adjourned at 10:05 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (three tapes) (December 19, 2002) 3O