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Minutes 01-15-03MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL~ BOYNTON BEACH~ FLORIDA ON WEDNESDAY, 3ANUARY 15, 2003 AT 7:00 P.M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chairman Bob Foot .lames Miriana Enrico Rossi Tom Walsh Dee Zibelli Michelle Costantino, Alternate Dave Rafkin, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Administrator ]Inspectors: Mike Melillo Luney Guillaume Richard Laverdure Skip Lewis Vestiguerne Pierre Willie Webb Courtney Cain Call to Order Chair DeLiso called the meeting to order at 7:00 p.m. Since the full Board was present, the Alternates participated but did not vote. Approval of Minutes of December 18, 2002 Motion Mr. Walsh moved to approve the minutes of the December 18, 2002 meeting, seconded by Vice Chair Hammer and carried unanimously. Mr. Foot arrived at the meeting moments after this motion was made. He commented that a motion on page 10 lacked a second and a result. He advised that he seconded the motion and that it carried unanimously. The Board agreed to allow a new motion including the amendment by Mr. Foot. Motion Mr. Miriana moved to approve the minutes as amended by Mr. Foot, seconded by Vice Chair Hammer and carried unanimously. III. Approval of Agenda ]Inspector Lewis read the following deletions from the agenda: Page 4 Page 6 Page 13 Case 02-3185, Micki O'Callahan, removed Case 02-2721, Edward ]I. Miller, Sr., complied Case 02-2862, Francis & Ronald McLeod, removed Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .lanuary 15, 2003 Page 15 Page 16 Page 17 Page 18 Page 19 Case 02-2749, Richard Meeks, removed Case 02-2753, Mary Harmon, removed Case 02-2754, Frankie Posada, complied Case 02-2726, Akyeshia Gums, complied Case 02-2809, A. & irma De.lesus, removed Motion Mr. Walsh moved to accept the agenda as presented. seconded and carried unanimously. The motion was duly IV. Swearing in of Witnesses and Introduction Inspector Lewis called the roll. The Recording Secretary administered the oath of truthfulness to all persons who would be testifying. Chair DeLiso explained the plea system. V. New Business A. Cases to be Heard Case #02-2796 Property Address: Violation(s): 3onathan & Sherry Lynn Bornstein 612 N.E. 7th Avenue FBC 2001 Ed. 104.1.1, Chapter 15, Article IX-15-120 (D) I Tnc. Permit required to install an Above-ground pool, deck, and fence. Inspector Laverdure reported that this property had originally been cited on October 30, 2002. The violation was discovered by a complaint. Service was obtained by certified mail. The Bornsteins have a fence permit and the fence has been erected. 3onathan Bornstein and Sherri Bornstein, 612 N.E. 7th Avenue, Boynton Beach, pled No Contest and requested 90 days. Inspector Laverdure stated that the Bornsteins had to get product approval for the pool. The fence is secure and locked. Motion Based on the testimony and evidence presented in Case No. 02-2796, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of 2 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida ~lanuary 15, 2003 law, that Sherry Bornstein is in violation of City of Boynton Beach Code Sections, Chapter :15, Article IX-15-120 (D) I Tnc. and Florida Building Code 200:1 Edition, :104.1.:1. Vice Chair Hammer moved to order that the Respondent correct the violations on or before April :15, 2003. ~[f the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case #02-2908 Property Address: Violation(s): Bathol Saintely 179 S.E. 27th Place Standard Building Code 1997 Edition, 104.1.1 and 105.6 Storage Room requires proper inspections. Red Tag from Building Department. Tnspector Lewis reported that this case had been cited on November :[4, 2002 as a result of a routine neighborhood inspection. Service was obtained by certified mail. Bathol Saintely, 179 S.E. 27th Place, Boynton Beach, pled No Contest and asked for 60 days. Motion Based on the testimony and evidence presented in Case No. 02-2908, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Bathol Saintely is in violation of the Standard Building Code :1997 Edition, :104.1.1 and :105.6. Vice Chair Hammer moved to order that the Respondent correct the violations on or before March 16, 2003. :If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried unanimously. Case #02-2811 Property Address: Violation(s): Gregory R. Potter 1750 N.E. 2nd Lane Chapter 15, Article IX-15-120 (D) 1.A and 1.E 3 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .January 15, 2003 Sod all bare spots in yard and remove all unlicensed and inoperable vehicles from yard. :inspector Webb reported that this property had originally been cited on October 31, 2002. The violation was discovered through a routine neighborhood inspection. Service was accomplished by certified mail. Gregory Potter, 1750 N.E. 2nd Lane, Boynton Beach, pled No Contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2811, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Gregory Potter is in violation of City of Boynton Beach Code Sections Chapter 15, Article [X-15-120 (D).iA and 1.E. Vice Chair Hammer moved to order that the Respondent correct the violations on or before February 14, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Lien Penalty Certification (Previously Tabled) Case #02-230 Townhouses of Golfview Harbour c/o M. J. Gallup Accounting 235 N.E. 6th Avenue Ste. D Delray Beach, FI 33483 1416 Oxford Lane Tnspector Melillo stated that the notice of violation was originally issued on January 24, 2002 for a permit requirement for reconstructing a block wall. A Code Compliance Board meeting was held on June 19, 2002 and Respondent did not appear. The Board set a compliance date of July 19, 2002 and proposed a fine of $25.00 per day. The property has not yet come into compliance. Steve Braun, 2722 Yale Lane, Boynton Beach, president of the Homeowners Association at Townhouses of Golfview Harbor, explained that there was no representation at the June 19, 2002 Code Compliance meeting because the notice had been sent to the wrong address. Tt had been sent to Oxford Lane and not to Gallup Accounting in Delray Beach. Originally, a car hit the wall. They contracted with someone who did not finish the job. They tried other contractors and were not able to obtain anyone to finish the job. They Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida January 15, 2003 were told that the job was too small or too big. They eventually obtained the services of a consultant who agreed to handle the job and expects to complete it in another 60 to 90 days. Hotion Mr. Foot moved to table Case No. 02-230 until the Code Compliance Board meeting to be held on March 19, 2003. Vice Chair Hammer seconded the motion that carried unanimously. Case #02-1248 Perry & Sandra Bland 147 S.W. 25m Avenue Inspector Melillo stated that this property had originally been cited on May 15, 2002 for illegal exterior storage, a hot tub without a permit, and hurricane hazards. A Code Compliance Board hearing was held on .luly 17, 2002 and the Respondents did not appear. The Board set a compliance date of August 16, 2002 and proposed a fine of $25.00 a day. The property came into compliance on December 11, 2002. Inspector Melillo explained that it was originally thought that this was a regular type of pool and a regular deck; however, it was a portable spa and did not need the electrical work. Tt should have complied sooner but there was some discrepancy in the point of view of the Building Department. Once they realized it was a portable spa, they realized that a permit was not required. The City recommended that no fine be assessed. David Crossett, 147 S.W. 25th Avenue, Boynton Beach, friend of Ms. Bland, stated that it had taken a lot of time for the architect to draw up the plans that were required. Mr. Foot asked when the hurricane hazards had been removed. Tnspector Melillo stated that they had been removed immediately after the violation was issued. Motion Based on the testimony and evidence presented in Case No. 02-1248, 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 Sandra Bland has violated this Board's prior Order of .luly 17, 2002, and this Board impose and certify a fine in the amount of $0 including administrative costs. Vice Chair Hammer seconded the motion that carried unanimously. 5 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .lanuary 15, 2003 Case #02-1666 Michelle Hubbard 1239 Gondola Lane Inspector Pierre indicated that this property had been given a notice of violation on July 1, 2002 for violations of the Appearance Code and the need to secure a pool area. A Code Compliance Board hearing was held on August 21, 2002 and the Respondent did not appear. The Board set a compliance date of September 1, 2002 and a fine of $25.00 per day. The property has not yet complied. Michelle Hubbard, 1239 Gondola Lane, Boynton Beach, came to the podium along with her attorney, David Ginsburg. Mr. Ginsburg stated that the only remaining violation on the property was for the sod. A permit was obtained for the sod and a contractor did the job. Tn the process of laying the sod, trucks were going back and forth over the lawn and damaged the sprinkler system and the sod. Ms. Hubbard has contracted for a lawn maintenance service to lay the sod and Mr. Ginsburg requested that Ms. Hubbard be given time for the sprinkler system to be repaired and the new sod to become established. He also requested that no fine be assessed. Motion Mr. Foot moved to table Case No. 02-1666 until the Code Compliance Board meeting to be held on April 16, 2003 with the comment that the fine continues to accrue until the violations are corrected. Mr. Miriana seconded the motion that carried unanimously. Mr. Ginsburg was advised that if the property came into compliance prior to April 16, 2003, it would behoove the applicant to arrange for an inspection by the City to verify compliance. Case #01-312 Johnny L. & Linda A. Waters 1635 N.E. 3rd Street Inspector Melillo explained that this property had originally been cited for violations of the Community Appearance Code on February 9, 2001. A Code Compliance Board hearing was held on September 18, 2002 and the Respondents appeared. The Board set a compliance date of December 18, 2002 and proposed a fine of $25.00 per day. The property has not yet come into compliance. The only remaining violation on Case #01-312 is the sod; however, it is a very large lot that will probably require about 15 pallets of sod and $1,500 to reach compliance. Linda Waters, 1635 N.E. 3~d Street, Boynton Beach, stated that the trash, debris, and unregistered vehicles had been removed. She indicated that she did not have the money to bring the property into compliance by laying sod. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida January 15, 2003 Inspector Melillo explained further that when Ms. Waters applied to the Community Improvement Division for money to bring the property into compliance, a City inspector determined that the required repairs to the property would amount to more than the worth of the house - approximately $43K. There are problems with roof leaks and windows but they do not pertain to this Code Compliance case. After a lengthy discussion, the Board came to a consensus that the Board should write to the Community :Improvement Division requesting assistance with the sod in this particular case. The other items that needed repair inside the house were not a part of this Code Compliance case and could be dealt with later. Mr. Blasie indicated that he would handle this and report back to the Board. As an alternative, Ms. Waters was directed to the Faith-based Community Development Corporation on the corner of Seacrest and Gateway Boulevards. Motion Vice Chair Hammer moved to table Case No. 01-312 until the Code Compliance Board meeting to be held on April 16, 2003. Mr. Miriana seconded the motion. Mr. Foot was in favor of tabling the case for 30 to 60 days so that the Respondent would continue to seek solutions. The motion passed 6-1, Mr. Foot dissenting. Case #02-2195 T.B. & Clara Hicks 522 N.W. 5th Street :Inspector Pierre reported that the notice of violation on this property had been issued on August 22, 2002 for unregistered vehicles, debris, and tires. A Code Compliance Board hearing was held on October 16, 2002 and the Respondents did appear. The Board set a compliance date of November 15, 2002 and proposed a fine of $25.00 per day. The property has not yet come into compliance. Gregory Hicks of 522 N.W. 5th Street, Boynton Beach, spoke on behalf of T.B. and Clara Hicks. Mr. Gregory Hicks stated that he had been fixing a car to be a racecar and Tnspector Pierre notified him that he had to get it registered and obtain tags. He had an appointment for that car to be picked up and removed from the property just after the meeting this evening. He requested another 30 days. 7 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida _lanuary 15, 2003 Motion Mr. Foot moved to table Case No. 02-2195 until the Code Compliance Board meeting to be held on February 19, 2003. Vice Chair Hammer seconded the motion that carried unanimously. Case #02-1909 Ezekiel & Helen Harrington 118 N.E.6th Ave. [nspector Pierre reported that the notice of violation had been issued on .luly 24, 2002 for various violations of the Appearance and Building Codes. A Code Compliance Board hearing was held on September 18, 2002 and the Respondents appeared. The Board set a compliance date of December 18, 2002 and proposed a fine of $25.00 per day. The property has not yet come into compliance. Ezekiel Harrington, 308 N.W. 12th Avenue, Boynton Beach, spoke on behalf of his daughter who lives in the subject property. He indicated that they now had lights and water and that the only item left to be done was the grass. He asked for more time for the grass. Motion A motion was made to table Case No. 02-1909 until the Code Compliance Board meeting to be held on March 19, 2003. Vice Chair Hammer seconded the motion that carried unanimously. Request for Reconsideration Case #01-3431 Ralph Rosie, Tnc. 2007 So. Federal Highway Scott Blasie advised the Board that this had been Inspector Pete Roy's case and that Inspector Roy had given the Respondent several extensions to try to take care of the permit and site plan proceedings that were required to bring the property into compliance. The original notice of violation was issued on December 14, 2001. The case was due to come before the Board last month and Mr. Beryl Kruger, representing Ralph Rosie, [nc., called to see what this Respondent needed to do in order to obtain more time. Mr. Blasie's recollection of this conversation was that if they got a permit application from the Building and Development Departments, their case would be removed from the agenda. No one showed up at the meeting last month and no permit applications were obtained. When they got the notice that the case was heard, that they had not appeared, and that a fine was proposed that would begin on January 17, 2003, Mr. Kruger called Mr. Blasie and stated that he thought they had a deal. Mr. Kruger asked for an opportunity to come before the Board to explain the matter. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .lanuary 15, 2003 Mr. Blasie stated that they were not going to re-hear the case but that Mr. Kruger was seeking an extension of the proposed compliance date. Mr. Tolces stated that this would require a motion to reconsider from a person who voted in favor of the original Board Order. Then, if the Board wished to reconsider the compliance date, that issue could be discussed and if the Board so desired, a new compliance date could be set. The Board had already signed the Board Order but there were appellate rights to that Order. He did not recommend that the Board re-open the case since that would extend the time during which a person could appeal the Board Order. Since the 30-day time period had not expired, it would be possible to amend the compliance date if so desired by the Board. If this were done, a new Board Order with the amended date would have to be prepared. t4otion Mr. Foot moved to open Case No. 01-3431 for reconsideration of the compliance date. Ms. Zibelli seconded the motion that carried unanimously. There was some question as to whether the required improvements would be "permit-table" due to some setback issues. The conclusion was that this could not be answered definitively at this time and that the Board would just proceed with the compliance date reconsideration as a "stand-alone" issue. Beryl Kruger, 90 N.E. 16th Street, Delray Beach, a planning and zoning consultant, appeared on behalf of the property owner, Ralph & Rosie's Restaurant, who first contacted him on this matter on December 3, 2002. Mr. Kruger contacted Mr. Blasie immediately but was unable to speak with him since Mr. Blasie was on vacation. He first spoke to Mr. Blasie in December and requested a copy of the violation notice. Mr. Blasie stated that they had to submit paperwork to the Building Department. He told him that they had just ordered the survey and that they needed as-built drawings before they could submit anything. Mr. Kruger believed that they had an extension of time but Mr. Blasie said no. There was a misunderstanding between the two of them. if he had realized that there was no postponement, he or the owner would have been present at the Code meeting. When Mr. Kruger learned of the Board Order he telephoned Mr. Blasie and advised him that it would take at least four months to get the paperwork in order. The Planning Department advised him that a minor modification to the site plan was required. After the modification is made, as- built drawings will be required by the Planning & Building Departments. The survey is complete. The architect will have the as-built drawings completed by the middle of next week and when he has that, Mr. Kruger will finish and submit the application for the minor site plan modification. 9 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .lanuary ~.5, 2003 Mr. Rossi inquired about what a minor modification meant. He was concerned that the Board would be approving something that was not "doable." Mr. Blasie stated that the Planning & Zoning Department staff would determine this. Mr. Kruger indicated that if the awning could not be permitted, it would be engineered so that it could be permitted. If it is in the setback where it cannot be placed, it will be removed. Mr. Rossi inquired if the awning was in the setback and Mr. Kruger replied that a part of it was. 14orion Ms. Zibelli moved to extend the compliance date in the Board Order from January :~7, 2003 to May 15, 2003 in the case of Ralph & Rosie's Restaurant, Case No. 01-3431. Mr. Walsh seconded the motion that carried 6-1, Mr. Rossi dissenting. Mr. Tolces indicated that the effect of this motion would be to amend the Board Order to provide for compliance by May 15, 2003. Lien Penalty Certification (Previously Tabled) Case #02-2:~20 Brian & Jana I~leade 2547 S.W. :~0m Street Inspector Melillo reported that this property had received a notice of violation on August 14, 2002 for Community Appearance Code issues. A Code Compliance Board hearing was held on September 19, 2002 and Respondents did not appear. The Board set a compliance date of October 3, 2002 and proposed a fine of $25.00 per day. When the white Lincoln is removed, the violation will be satisfied but it was still there on the morning of this meeting. Brian I~leade and Jana f4eade, 2547 S.W. :~0~h Street~ Boynton Beach, advised that the last inoperable vehicle, a white Lincoln, had been sold and removed just before the meeting. He stated that this car could not be towed earlier as it was hemmed in by another vehicle. He also explained the financial and other difficulties over the last four months that contributed to the continuance of the violation. Chair DeLiso inquired if the Meades were repeat violators and inspector Melillo responded that they were not, This was the first violation they had ever received but the City had received several complaints about it. Inspector Melillo wanted Mr. Meade to understand that further instances of this kind of violation (unregistered/inoperable vehicles) would not be tolerated. lO Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .lanuary 15, 2003 Motion Based on the testimony and evidence presented in Case No. 02-2120, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Brian and 3ana Meade have violated this Board's prior Order of September 18, 2002, and this Board impose and certify a fine totaling $240.00 including administrative costs. Mr. Miriana seconded the motion. The vote was inconclusive. At Chair DeLiso's request, the Recording Secretary polled the vote. The motion failed 3-4, Chair DeLiso, Vice Chair Hammer, Thomas Walsh, and Dee Zibelli dissenting. Motion Based on the testimony and evidence presented in Case No. 02-2120, 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 Brian and .lana Meade have violated this Board's prior Order of September 18, 2002, and this Board impose and certify a fine totaling $100.00 including administrative costs. Mr. Miriana seconded the motion that carried 6-1, Mr. Rossi dissenting. THE MEE'F[NG RECESSED AT 8:20 P.M. AND RECONVENED AT 8:25 P.M. A. Cases to Be Heard Case #01-3518 Property Address: Violation(s): Doryce H. & Joseph Purpuri 150 Sausalito Drive SBC '97 Ed. :L04.6.1 Screen enclosure not built as permitted l~nspector Cain reported that this property had originally been cited on January 2, 2002. The City recommended compliance by February 14, 2003. Motion Based on the testimony and evidence presented in Case No. 01-3518, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Doryce H. & .loseph Purpuri are in violation of SBC 1997 Edition, 104.6.1. Mr. Foot moved to order that the Respondents correct the violations on or before February 14, 2003. ]:f the Respondents do not comply with this Order, a fine in 11 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida January 15, 2003 the amount of $25.00 per day plus administration 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. Vice Chair Hammer seconded the motion that carried unanimously. Case #02-2887 Property Address: Violation(s): Michael A. Francois 3012 E. Palm Drive SBC '97 Edition 104.1.1 and 104.7.5 Fence installed without a permit Tnspector Guillaume reported that this case had been a Red Tag from the Building Department from November 13, 2002. Motion Based on the testimony and evidence presented in Case No. 02-2887, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Michael A. Francois is in violation of the SBC 1997 Edition 104.1.1 and 104.7.5. Vice Chair Hammer moved to order that the Respondent correct the violations on or before February 14, 2003. Tf the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously Case #02-2618 Property Address: Violation(s): Stor All Ltd 3400 Old Boynton Road PT3, LDR, Chapter 4, Section 11; & Chapter 7.5-II, Section 5.B Site to be maintained per plan; landscape maintenance required; replace all dead and missing plant material and trees. Inspector Melillo reported that this property had originally been cited on October 10, 2002. The City recommended a compliance date of February 14, 2003. 12 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida ]anuary15, 2003 14otion Based on the testimony and evidence presented in Case No. 02-2618, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Stor All Ltd. is in violation of City of Boynton Beach Code Sections Part 3, LDR: Chapter 4, Section 11, Chapter 7.5-II, Section 5.B. Vice Chair Hammer moved to order that the Respondents correct the violations on or before February 14, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case #02-2794 Property Address: Violation(s): Seashore Industries, Inc. 513 N. Federal Highway FBC 2001 Edition 104.1.1 Red Tag - work completed without permits. Inspector Laverdure reported that this property had been cited on October 30, 2002 through a Red Tag by the Building Department. The City recommended a compliance date of February 14, 2003. 14orion Based on the testimony and evidence presented in Case No. 02-2794, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Seashore :Industries, :[nc. is in violation of City of Boynton Beach Code Sections FBC 200! Ed 1014.1.1. Mr. Foot moved to order that the Respondents correct the violations on or before February 14, 2003. :[f the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administration 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. Vice Chair Hammer seconded the motion that carried unanimously. Case #02-2720 Property Address: Violation(s): Angella & Philbert King 608 N.E. 2nd Street PT3, LDR Chapter 2, Section 6.B.2 and Chapter 15, Article TX-15-120 (D) I ThC. Remove storage in carport. Remove appliance, trash, and debris. Install grass in bare 13 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida January 15, 2003 spots in yard and swale areas. [nspector Laverdure reported that this property had been cited on October 18, 2002. The City recommended a compliance date of February 14, 2003. Motion Based on the testimony and evidence presented in Case No. 02-2720, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Angella 8, Philbert King are in violation of City of Boynton Beach Code Sections PT3, LDR, Chapter 2, Section 6.B.2 and Chapter 15, Article :[X-15-120 (D) 1 :[nc. Mr. Foot moved to order that the Respondents correct the violations on or before February 14, 2003. :[f the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administration 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. Vice Chair Hammer seconded the motion that carried unanimously. Case #02-2799 Property Address: Violation(s): Pradel Duterval & Mark Lespinos 2215 S.E. 4~ Street 13-16, 10-52 of BBC of Ord; Chapter 15, Article !~X-15-120 (D) Znc. Rental license required for duplex. Remove inoperable vehicles. :[nspector Lewis reported that this case was originally cited on October 30, 2002. The City recommended a compliance date of February 14, 2003. Motion Based on the testimony and evidence presented in Case No. 02-2799, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Pradel Duterval and Mark Lespinos are in violation of City of Boynton Beach Code Sections 13-16 and 10-52 and Chapter 15, Article :[X-15-120 (D) :[nc. Vice Chair Hammer moved to order that the Respondents correct the violations on or before February 14, 2003. :[f the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administration 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 14 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida January15, 2003 verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case #02-3065 Property Address: Violation(s): Alonzo McAdory 554 N.W. 11th Avenue Chapter 15, Article IX-15-120 (D) Inc. Mow and deweed yard and remove unregistered and inoperable vehicle from property. ~[nspector Pierre reported that this property had been cited on December 6, 2002 as a result of a routine neighborhood inspection. The City recommended a compliance date of February 14, 2003. Motion Based on the testimony and evidence presented in Case No. 02-3065, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Alonzo McAdory is in violation of City of Boynton Beach Code Section Chapter 15, Article [X-15-120 (D) Tnc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before February 14, 2003. Tf the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Walsh seconded the motion that carried unanimously. Case #02-2440 Property Address: Violation(s): Carrie B. Wilson 418 N.W. 13th Avenue Chapter 15, Article IX-15-120 (D) Inc. Remove unregistered, inoperable vehicles. Also remove trash and debris. Inspector Pierre stated that this property had been cited on September 24, 2002 as a result of a routine neighborhood inspection. The City recommended a compliance date of February :[4, 2003. Motion Based on the testimony and evidence presented in Case No. 02-2440, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of 15 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida January 15, 2003 law, that Carrie B. Wilson is in violation of City of Boynton Beach Code Section Chapter 15, Article 1~X-15-120 (D) Inc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before February 14, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried unanimously. Case #02-2902 Property Address: Violation(s): 3ulio C. Mendoza 418 N.W. 7th Street PT3, LDR Chapter 2, Section 5.D.1, Chapter 15, Article 15-120 (D) Inc, FBC 2001 Edition 104.1.1 Remove all debris in front. Permit required for buildings and structures. Obtain permit for new carport. Remove all cars since car repairs are not allowed in residential areas. ]Inspector Pierre reported that this property had been cited as a result of a citizen's complaint. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2902, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that 3ulio C. Mendoza is in violation of City of Boynton Beach Code Section PT3, LDR Chapter 2, Section 5.D.1, Chapter 15, Article TX-15-120 (D) [nc, FBC 200! Edition 104.1.1. Vice Chair Hammer moved to order that the Respondent correct the violations on or before February 14, 2003. Tf the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-2813 Property Address: Violation(s): 3erome & Carrie Harvey 211 N.E. 19th Avenue Chapter 15, Article IX-15-120 (D) .lA and 1.E 16 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .lanuary 15, 2003 Sod dead spots in yard and remove all unlicensed and inoperable vehicles. Inspector Webb reported that this property had been cited on October 31, 2002. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 02-2813, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that .~erome and Carrie Harvey are in violation of City of Boynton Beach Code Section Chapter 15, Article TX-15-120 (D) lA and 1E. Vice Chair Hammer moved to order that the Respondent correct the violations on or before March 16, 2003. Tf the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administration 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 veri~ compliance with this Order. Ms. Zibelli seconded the motion that carried unanimously. Case #02-2812 Property Address: Violation(s): Alfred E. & Beverly F. Parker 1931 N.E. 2nd Lane Chapter 15, Article TX-15-120 (D) lA and 1E Sod bare spots in yard and remove all unlicensed and inoperable vehicles Inspector Webb reported that this property had been cited on October 31, 2002. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2812, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Alfred E. and Beverly F. Parker are in violation of City of Boynton Beach Code Section Chapter 15, Article :[X-15-120 (D) lA and 1E. Vice Chair Hammer moved to order that the Respondent correct the violations on or before Februa~ 1,~, 2003. Tf the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administration 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 veri~ compliance with this Order. Ms. Zibelli seconded the motion that carried unanimously. 17 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .lanuary 15, 2003 Case #02-2856 Property Address: Violation(s): Robert Dorsainvil 2117 N.E. 3~ Ct. Chapter 15, Article TX- 15-120 (D) I Inc. Sod, remove loose trash, repair fence. Remove unregistered and inoperable vehicles. Inspector Webb reported that this property had been cited on November 7, 2002 through a routine inspection. Service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2856, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Robert Dorsainvil is in violation of City of Boynton Beach Code Section Chapter 15, Article :[X-15-120 (D) 1 :[nc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before Februa~ 14, 2003. :[f the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration 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 veri~ compliance with this Order. Ms. Zibelli seconded the motion that carried unanimously. Case #02-2899 Property Address: Violation(s): BMVFL I Tnc. (Boynton Mobile Village of Florida) 1801 N.E. 4= Street FBC 2001 Edition 104.1.1 and 104.6.2 Work completed without permit Inspector Webb reported that this property had been cited on November 13, 2002. Service was accomplished by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2899, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that BMVFL i :[nc. is in violation of FBC 2001 Edition 104.1.:~ and 104.6.2. 18 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .lanuary 15, 2003 Vice Chair Hammer moved to order that the Respondent correct the violations on or before February 14, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried unanimously. Case #02-2750 Property Address: Violation(s): Irma Vazquez 1510 N. Seacrest Boulevard Chapter 15, Article IX-15-120 (D) 1.E Install sod north side of driveway Inspector Webb reported that this case had been cited on October 23, 2002 as a result of a routine inspection. Service was by certified mail. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2750, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Irma Vasquez is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1.E. Vice Chair Hammer moved to order that the Respondent correct the violations on or before February 14, 2003. Tf the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administration costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Zibelli seconded the motion that carried unanimously. Lien Penalty Certification; ~rnspector Lew/s announced that the C/ty recommended cert/fy/ng fines of $25.00 per day/n the fo~low~rig cases: Case #02-1684, Chase Mortgage Co. Case #02-1946, Daisy N. Brown Case #02-088, Jerry McAdoo Case #01-840, Mata Chorwade, :[nc./Kirit & Dipika Shah Case #02-2385, Alfred Payer Case #02-2009, Bradley Stocker Case #02-2016, Judith Symonds 19 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .January 15, 2003 Case #02-1684 Chase Mortga.ge Co 1012 S.E. 3rd 1800 N.W. 49m St. Ft. Lauderdale, FI 33309 Street Notion Based on the testimony and evidence presented in Case No. 02-1684, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Chase Mortgage Company 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Case #02-1946 Daisy N. Brown 324 N.E. 12m Avenue Motion Based on the testimony and evidence presented in Case No. 02-1946, 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 Daisy N. Brown has violated this Board's prior Order of September 18, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Case #02-88 3erry McAdoo 411 N.E. 2nd Street Motion Based on the testimony and evidence presented in Case No. 02-88, 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 .lerry McAdoo has violated this Board's prior Order of March 20, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. 2O Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida .January 15, 2003 Case #01-840 Mata Chorwade, Inc./ Kirit & Dipika Shah 8841 Sancastle Hobe Sound, FI 33455 2821 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case No. 01-840, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Mata Chorwade, :[nc/Kirit & Dipika Shah have violated this Board's prior Order of June 19, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Case #02-2385 Alfred Payer 405 S.E. 2nd Street Boynton Beach 405 S.W. 2nd Street Motion Based on the testimony and evidence presented in Case No. 02-2385, 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 Alfred Payer has violated this Board'sprior Order of November 20, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Case #02-2009 Bradley Stocker 312 S.W. 9m Avenue Motion Based on the testimony and evidence presented in Case No. 02-2009, 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 September 18, 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 21 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida January 15, 2003 judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Case #02-2016 Judith Symonds 412 N.E. 11th Ave. Motion Based on the testimony and evidence presented in Case No. 02-2016, 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 Judith Symonds has violated this Board's prior Order of November 20, 2002, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Walsh seconded the motion that carried unanimously. Inspector Lewis announced that the City recommended certifying a tine of $50.00 per day in the fo//owing case: Case #02-2554, Bank of New York Case #02-2554 Bank of New York 7105 Corporate Dr. Piano, TX. 75024-4100 161 N.E. 16m Ct. Motion Based on the testimony and evidence presented in Case No. 02-2554, 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 the Bank of New York has violated this Board's prior Order of November 20, 2002, and this Board impose and certify a fine in the amount of $50.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Zibelli seconded the motion that carried unanimously. Inspector Lewis announced that the City recommended NO FINE in the fo#owing cases: Case #02-2042, Jose P. &Ana Mateo Case #02-1588, Karla Kayser 22 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida January 15, 2003 Case #02-2042 3ose P. &Ana M. Mateo 2628 N.E. 3rd St. Motion Based on the testimony and evidence presented in Case No. 02-2042, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Jose P. &Ana M. Mateo have violated this Board's prior Order of October 16, 2002, and this Board impose and certify a fine in the amount of $0.00 per day. Mr. Walsh seconded the motion that carried unanimously. Case #02-:E588 Karla Kayser 1084 Anchor Point Delray Beach~ FI 33446 129 N.W. 4th Ave. Motion Based on the testimony and evidence presented in Case No. 02-1588, 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 Karla Kayser has violated this Board's prior Order of September 18, 2002, and this Board impose and certify a fine in the amount of $0.00 per day. Mr. Walsh seconded the motion that carried unanimously. Inspector Lewis announced that the City recommended tab//ng the fo#owing cases unt// the February 19, 2003 Code Compliance Board meeting: Case #01-2554, Marty Pejouhy Case #02-2031, Stephanie Davis/Hester Taylor Case #02-2078, Robert A. Crossland & Kimberly R. Ward Case #02-1584, L & A Apartments LLC Znspector Lewis announced that the City recommended tab//ng the fo#owing case unt# the I~larch ~9, 2003 Code Compliance Board meeting: Case #02-834, Ovide & Mederline Paul Case #01-2554 Marta R. Pejouhy :E52 S.E. 28th Avenue Motion Mr. Foot moved to table Case No. 01-2554 until the February 19, 2003 Code Compliance Board meeting. Mr. Walsh seconded the motion that carried unanimously. 23 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida 3anuary 15, 2003 Case #02-2031 Stephanie Davis & Hester Taylor 1651 N.W. Ist Street Motion Mr. Foot moved to table Case No. 02-2031 until the February 19, 2003 Code Compliance Board meeting. Mr. Walsh seconded the motion that carried unanimously. Case #02-2078 Robert A. Crossland & Kimberly R. Ward 1237 Gondola Lane Motion Mr. Foot moved to table Case No. 02-2078 until the February 19, 2003 Code Compliance Board meeting. Mr. Walsh seconded the motion that carried unanimously. Case #02-1584 L & A Apartments LLC 410 N.E. 3rd Street Motion Mr. Foot moved to table Case No. 02-1584 until the February 19, 2003 Code Compliance Board meeting. Mr. Wash seconded the motion that carried unanimously. Case #02-834 Ovide & Mederline Paul 435 S.W. 5m Avenue Motion Mr. Foot moved to table Case No. 02-834 until the March 19, 2003 Code Compliance Board meeting. Mr. Walsh seconded the motion that carried unanimously. Request for Dismissal Case #01-2761 Robin Lorenz Ben-Ari 805 S.W. Ist Court Mr. Blasie advised the Board that staff had requested that Case #01-2761 be dismissed and all fines dropped. He referred to his letter to the Code Compliance Board dated December 27, 2002 in which he detailed the reasons for the dismissal. Basically, staff determined that Ms. Lorenz Ben-Ari did not require a permit for her unfinished pool unless further work took place. The pool is acceptable as is until Ms. Lorenz Ben-Ari decides to either remove it or complete it. Ms. Lorenz Ben-Ari understands any further work on the pool would require a new permit, along with the applicable inspections. She had placed safety barriers around the pool to sufficiently negate any safety concerns. Also, a determination 24 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida January 15, 2003 was made that the existing structure really had a valid permit at the time it was constructed. The case was initially processed because the permit had expired without the pool being completed. These determinations were reached in a meeting Mr. Blasie participated in with the Assistant Development Director, the Building Official, and the City Manager. The Board previously certified the fine. 14orion Mr. Walsh moved to dismiss Case #01-2761 without prejudice. Hammer seconded the motion that carried unanimously. Vice Chair Case #96-4269 Pearlie Walker 1616 N.E. 2nd Street Reverend Maddox appeared to request a lien reduction but since he had not paid the $200 lien reduction fee, the Board was not able to hear the casei The property actually came into compliance in March of 1998. Mr. Tolces advised that it would be necessary to have paid the fee and completed all the necessary lien reduction procedures before the Board could hear the case. Foreclosures There were no foreclosures. VT. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:00 p.m. Respectfully submitted, Susan Collins Recording Secretary (two tapes) (011603) 25