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Minutes 02-19-03MINUTES OF THE CODE COMPL:~ANCE BOARD MEETING HELD IN COMMISSION CHAMBERS~ CITY HALL~ BOYNTON BEACH, FLORIDA ON WEDNESDAY, FEBRUARY 19, 2003 AT 7:00 P.M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chairman Bob Foot .lames Miriana Michelle Costantino, Alternate Dave Rafkin, Alternate Absent David Tolces, Assistant City Attorney Scott Blasie, Code Administrator inspectors: Mike Melillo Luney Guillaume Richard Laverdure Skip Lewis Vestiguerne Pierre Willie Webb Courtney Cain Enrico Rossi Tom Walsh Dee Zibelli Call to Order Chair DeLiso called the meeting to order at 7:00 p.m. Approval of Minutes of 3anuary 15, 2003 Motion Mr. Miriana moved to approve the minutes of the January 15, 2003 meeting, seconded by Michelle Costantino and carried unanimously. ~[[I. Approval of Agenda :Inspector Roy read the following deletions from the agenda: Page 4 Case Page 20 Case Page 26 Case Page 30 Case Page 32 Case Page 33 Case Page 35 Case #02-2898, removed #02-3217, complied #02-3233, complied #02-3103, removed #03-6, complied #03-30, complied #02-2814, removed Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Motion Mr. Foot moved to accept the agenda as amended. Mr. Miriana seconded the motion that carried unanimously. TV. Swearing in of Witnesses and Introduction :Inspector Roy called the roll. The Recording Secretary administered the oath of truthfulness to all persons who would be testifying. Chair DeLiso explained the plea system. VI New Business A. Cases to be Heard Case #02-89 Property Address: Violation(s): Ana& Daniel S. Casey 1247 Gondola Court SBC '97 Edition, 104.1.1, Chapter 15, Article TX-15-120 (D) Sod bare areas in yard and obtain permit for shed. :Inspector Pierre requested that this case be tabled until the March :~9, 2003 Code Compliance Board meeting in March. Motion Vice Chair Hammer moved to table Case No. 02-89 to the March 19, 2003 Code Compliance Board meeting. Mr. Foot seconded the motion that carried unanimously. Case #02-2474 Property Address: Violation(s): Shawn Watters 8 Crossings Circle, A Code 13-16 B.B.C. of Ordinances Occupational license required for Units 32-H, 22-H, 2-C, and 28-H. :Inspector Cain stated that the property owner was Shawn Watters. The City recommended a compliance date of March 2:~, 2003. Chair DeLiso stated that Mr. Watters no longer owned that property. The current owner is Mr. Gudmondsson. He asked inspector Cain to withdraw this case and 2 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 cite the correct owner. Inspector Cain agreed. Assistant City Attorney Tolces suggested tabling the case instead of withdrawing it. I~lotion Mr. Rafkin moved to table Case No. 02-2474 to the March 19, 2003 Code Compliance Board meeting. Ms. Costantino seconded the motion that carried unanimously. Case #02-2478 Property Address: Violation(s): Ronald T. f4aisano, Sr. 30 Crossings Circle, H 13-16 B.B.C. of Ordinances Occupational license required for Units 12-F and 30-H Inspector Cain indicated that this property had been cited originally on September 27, 2002. The City recommended a compliance date of March 21, 2003. Notion Based on the testimony and evidence presented in Case No. 02-2478, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Ronald T. Maisano, Sr. is in violation of City of Boynton Beach Code Section 13- 16. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-3088 Property Address: Violation(s): DSS Properties 728 Casa Loma Boulevard Red Tag from Building Department-work commenced before issuance of permit. Inspector Cain stated that this property had been cited on December 4, 2002 as a result of a "Red Tag" from the Building Department. The City recommended a compliance date of March 1, 2003. :Inspector Cain explained that they had started on the air conditioning before pulling a permit. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 I~lotion Based on the testimony and evidence presented in Case No. 02-3088, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that DSS Properties are in violation of the Florida Building Code 2001 Edition 104.6.2. Mr. Foot moved to order that the Respondents correct the violations on or before March 1, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-3222 Property Address: Violation(s): DSS Properties 728 Casa Loma Boulevard Permit expired. Inspector Cain reported that this case had originally been cited on December 18, 2002 for a temporary sign permit, which has expired. The City recommended a compliance date of March 1, 2003. I~lotion Based on the testimony and evidence presented in Case No. 02-3222, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that DSS Properties are in violation of City of the Standard Building Code 1997 Edition 104.6.1. Mr. Foot moved to order that the Respondents correct the violations on or before March 1, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-3261 Property Address: Violation(s): Andre St. ]uste 925 Greenbriar Drive Florida Building Code 2001 Edition 104.1.1; 10-2 and 10-3 of the B.B.C. of Ord. Permit required to install a/c unit. Debris must be removed from rear yard. The lumber~ rock~ and wood are a hurricane hazard. 4 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Inspector Cain reported that the rocks had been removed and the air conditioning item had also complied. All the other violations were still there. The City recommended a compliance date of March 21, 2003. Motion Based on the testimony and evidence presented in Case No. 02-3261, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Andre St..luste is in violation of City of Boynton Beach Code Sections 10-2 and 10-3; also Florida Building Code 2001 Edition, Section 104.1.1. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-3277 Property Address: Violation(s): David Kislak Trust 443 $.W. 7th Court FBC 2001 Ed 104.1.1 Permit required to install fence Inspector Cain reported that this property had originally been cited on December 30, 2002. The City recommended a compliance date of March 21, 2003. Motion Based on the testimony and evidence presented in Case No. 02-3277, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that the David Kislak Trust is in violation of the Florida Building Code 2001 Edition, Section 104.1.1. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-3166 Property Address: Violation(s): Lizzette Brown 3028 E. Palm Drive Chapter 15, Article 15-120 (D) I inc. Storage of unlicensed and 5 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 inoperable vehicles not allowed. Tnstall sod in dead areas of yard and swale to achieve a uniform green appearance. :[nspector Guillaume indicated that this property had originally been cited on December 11, 2002. The citation came about as a result of a routine neighborhood inspection. Lizzette Brown, 3028 E. Palm Drive, Boynton Beach, pled No Contest and requested 90 days. She stated that she was going to install a sprinkler system. The cars would be gone by Friday. Motion Based on the testimony and evidence presented in Case No. 02-3166, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Lizzette Brown is in violation of the City of Boynton Beach Code Chapter 15, Article :[X-15-120 (D) ! :[nc. Vice Chair Hammer moved to order that the Respondent correct the violations on or before May 20, 2003. :[f the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-3163 Property Address: Violation: F.H. Nelson Lopez & Carmen M.I. Lopez 2609 S.W. 15th Avenue PT3 - LDR Chapter 7.5.! and Section 5.A; Article !!, Section 4-B. !nc. Trees improperly trimmed and must be removed. A permit is required to remove the trees. Replace trees to specifications of City Forester, Kevin Hallahan. Inspector Pete Roy stated that this property was originally cited on December 11, 2002. The violation was a result of a complaint from the Urban Forester. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Service was accomplished by certified mail. Tnspector Roy explained that this was a strip plaza where the trees were severely cut back. Nelson Lopez, M.D., stated that he was one of the co-owners of this building where he had his offices. They had commissioned a landscaping company to trim their trees as they normally did every two or three years. They trusted that they would know that there were Codes with which they must comply. It turns out that they had no idea about the Codes. Also, when they came to trim the trees, they did so on a Saturday morning when the offices were closed. If they had been present, they would have stopped them just from common sense, even in the absence of knowledge about the Codes. Dr. Lopez is being required to replace 10 to 20, 20-year-old trees, at a cost of approximately $15,000, which was a great financial hardship. The landscaper does not have insurance so this money would come out of Dr. Lopez' own pocket. Dr. Lopez asked for time to allow the trees to begin leafing out and that he would replace the trees that did not "come back" in a reasonable period of time. This is the first time that his building had any Code violations. The trees were cut in November of 2002. After discussion, the Board decided to table the case for six months to give the trees a chance to grow back. Motion Vice Chair Hammer moved to table Case No. 02-3163 until the August 30, 2003 Code Compliance Board meeting. Mr. Miriana seconded the motion that carried unanimously. (The motion was corrected to read August 20, 2003, to which everyone agreed.) Case #02-3191 Property Address: Violation(s): Nautica Homeowners Assn., :[nc. 8000 Bermuda Sound Way SBC 1997 Ed 104.6.1 and 105.6 Red Tag from Building Division Inspector Peter Roy reported that this property had originally been cited on December 12, 2002. Service was by certified mail. .loanna .lensen, Prime Management, 6300 Park of Boulevard, Boca Raton, property manager for the Nautica Association, pled no contest and requested 30 days. Commerce Homeowners Motion Based on the testimony and evidence presented in Case No. 02-3191, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 law, that Nautica Homeowners' Association, Inc. is in violation of the Standard Building Code 1997 Edition 104.6.1. and 105.6. Vice Chair Hammer moved to order that the Respondents correct the violations on or before March 21, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-3161 Property Address: Violation(s): Tony Harvey 224 N.W. 7th Court Ch 15-Art. IX-15-120 (D).Inc. and 14-3, of B.B.C. of Ord. Remove all unregistered and inoperable cars. Oversize truck not permitted in residential zone. Inspector Pierre stated that this property had originally been cited on December 11, 2002 as a result of a complaint from a citizen. Tony Harvey, 224 N.W. 7th Court~ Boynton Beach, pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 02-3161, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Tony Harvey is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120 (D) 1 Inc. and Section 14-3. Vice Chair Hammer moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried unanimously. Lien Penalty Certification (Previously Tabled) Case #01-2554 Marta R. Pejouhy 152 S.E. 28th Avenue Inspector Pete Roy requested that this case be tabled until the March Code Compliance meeting. The owner's attorney has indicated that the structure in the rear of Ms. Pejouhy's property will be taken down between now and then. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Motion Mr. Foot moved to table Case No. 01-2554 until the March 19, 2003 Code Compliance Board meeting. Vice Chair Hammer seconded the motion. The vote was inconclusive. The Recording Secretary was asked to call the roll. The motion failed 3-3, Chair DeLiso, Ms. Costantino, and Mr. Rafkin dissenting. Chair DeLiso did not favor another extension. He felt that the owner was making excuses. He favored certifying the case and allowing Ms. Pejouhy to come back before the Board with a lien reduction request when the structure had been removed. The Board had asked for concrete evidence of a loan and there was none. Mr. Shapiro, Ms. Pejouhy's attorney, went to the podium with Ms. Marta Pejouhy. Mr. Shapiro explained the efforts they had made to acquire a mortgage. He also mentioned that Ms. Pejouhy had been ill and that it was only during the previous two weeks that he had been able to speak with her about this. He stated that she was still ill. Due to the closing costs and maintenance required for reverse mortgages, he had counseled Ms. Pejouhy to have the structure torn down, hopefully with volunteer assistance. At the same time, he was proceeding with an application for a mortgage through a Federal program but thought that it might take up to sixty days to secure it. Mr. Blasie stated that he understood that the Faith Based Community Development Corporation had offered to tear down the structure but that Ms. Pejouhy had refused. Ms. Pejouhy denied this. She had spoken to two persons who were wiling to help her. Mr. Foot was concerned that there was not enough direction in the case. He wanted to see Ms. Pejouhy move ahead with the application for the mortgage, regardless of whether or not volunteers showed up. The back taxes could not be paid without a loan, so obtaining the mortgage was crucial. Mr. Blasie telephoned the Faith Based Community Development Corporation during the meeting to inquire whether they had contacted Ms. Pejouhy about tearing down the shed. Motion Vice Chair Hammer moved to table Case No. 01-2554 until the April 20, 2003 Code Compliance Board meeting. Mr. Miriana seconded the motion. The vote was inconclusive. The Recording Secretary was asked to call the roll. The motion failed 3-3, Chair DeLiso, Ms. Costantino, and Mr. Rafkin dissenting. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Ms. Costantino expressed concern about previous extensions the Board had granted Ms. Pejouhy when Ms. Pejouhy had only taken action at the very last minute before the Code Compliance Board meeting. Chair DeLiso agreed. Mr. Blasie stated that the Faith-Based Community Development organization would assist Ms. Pejouhy in tearing down the shed whether there were back taxes or not. Hotion Vice Chair Hammer moved to table Case No. 01-2554 to March 19, 2003. Miriana seconded the motion. The motion carried unanimously. Mr. Attorney Tolces advised Ms. Pejouhy and Mr. Shapiro that the matter would come back before the Board at its meeting on March 19, 2003. Case #02-2031 Stephanie Davis & Hester Taylor 2651 N.W. Ist Street Inspector Guillaume indicated that this property had received a citation on August 7, 2002 for required inspections. No one appeared at the November 20, 2002 Board hearing. The Board set a compliance date of December 5, 2002 and proposed a fine of $25.00 per day. The property was not yet in compliance. Sharon Davis, 2651 N.W. Ist Street, Boynton Beach, came to the podium. Attorney Tolces asked her if Hester Taylor had given her authority to speak for her. Ms. Davis responded that Hester Taylor was the person from whom she had purchased this property. Ms. Davis spoke of acquiring her home through the efforts of the Boynton Beach Community Development Corporation in 1997. That organization chose the air conditioning contractor, Wallace, who installed the air conditioning system in her home. The air conditioner was there before she moved into the house. She had problems with the air conditioning system three days after moving into the house because it was put on the ground instead of a slab. She received a Code citation. Wallace fixed the violation. Two years later, Wallace came out to fix the air conditioner and left a pump loose. They woke up Christmas day to a flood and Christmas gifts were ruined. She took them to Court and won a judgment. Now she was being told that a breaker inside her home was not correct. She felt that the people who had the house built, the Boynton Beach Community Development Corporation, should have handled this when the house was first built. She stated that the "Code Enforcement people" had been after her for 2 years. She did not know that she had to pull a permit for something she did not ask the air conditioning company to do. She was cited for an unpainted house and she painted it. She was cited for lack of grass and 10 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 planted sod. She had made up some paperwork to put a lien on Wallace Air Conditioning's license at the suggestion of Ms. Octavia Sherrod of the City's Community Improvement Division. Inspector Guillaume stated that Ms. Davis needed a breaker of the proper size and an inspection. Chair DeLiso inquired whether the Community Improvement Division could help Ms. Davis. Ms. Davis responded that she had spoken to Ms. Sherrod on the day of the meeting. Ms. Sherrod had advised her to process the paperwork about Wallace's license. She was going to try to help in some way. Chair DeLiso asked Mr. Blasie to contact the Community Redevelopment Department to get the matter resolved. Motion Vice Chair Hammer moved to table Case No. 02-2031 until the March 19, 2003 Code Compliance Board meeting. Ms. Costantino seconded the motion that carried unanimously. Lien Penalty Certification Case #02-2705 Olga Garcia 118 N.W. 7th Street Inspector Pierre reported that the notice of violation in this case had been given on October 17, 2002. Ms. Garcia appeared at the hearing on November 20, 2002. The Board set a date for compliance of January 17, 2003 and proposed a fine of $25.00 per day plus administrative costs. The property came into compliance on February 18, 2003. Danny Novita appeared representing his sister, Olga Garcia. Inspector Pierre stated that the City recommended "No Fine." Motion Based on the testimony and evidence presented in Case No. 02-2705, Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondent was in violation of the Standard Building Code 1997 Edition 105.6, subsequent to the date of compliance specified in this Board's Order of November 20, 2002. Vice Chair Hammer moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $0.00 per day including administrative costs. Mr. Miriana seconded the motion that carried unanimously. 11 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Case #02-2213 Benito Paul 4351 N.E. 4th Avenue Boca Raton, FI 33431 137 N.E. 11m Avenue Inspector Pierre reported that the notice of violation had been given on August 27, 2002 for work that was completed without permits/inspections. Mr. Paul did not appear at the November 20, 2002 Code Compliance Board hearing. The Board set a compliance date of December 20, 2002 and proposed a fine of $25.00 per day plus administrative costs. The property has not yet come into compliance. Benito Paul, 4351 N.E. 4th Avenue, Boca Raton, explained that he had purchased the property in April of 2002 and had been repairing it. A contractor had put in windows without pulling permits. Mr. Foot noted that all Mr. Benito had to do was hire a contractor for four windows and call the City for an inspection. Miguel Cuer-zo, 5710 Lincoln Circle East, Lake Worth, stated that Mr. Paul had been repairing the house since April 2002. Mr. Paul contacted Mr. Cuerzo to determine if he wanted to take the house off his hands since he was unable to continue to pay the mortgage or to pay a contractor to fix it. Mr. Cuerzo told Mr. Paul that he would as long as an understanding could be reached with the Board about time to fix the house and buy it. After he purchased the house, he would set about doing whatever was needed to satisfy the fines. IVlr. Foot reminded Mr. Cuerzo that the fine would continue to accrue, even if the Board were to grant him additional time. Hotion Mr. Foot moved to table Case No. 02-2213 until the Code Compliance Board meeting of April 16, 2003, with the acknowledgment that the fine would continue to accrue. Mr. Miriana seconded the motion that passed unanimously. Chair DeLiso suggested that Mr. Cuerzo contact the Building Division at the City for further instructions. Cases to be Heard (continued) Case #02-2620 Property Address: Nellie G. Berry 122 N.E. 6th Avenue 12 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Violation(s): Ch.15, Art. TX-15-120 (D) Tnc., PT 3-LDR. Ch 2, Section 6.B.2 Remove unregistered inoperable vehicle from carport and all storage Inspector Laverdure reported that this property had originally been cited on October 10, 2002 as a result of a routine inspection. Service was by certified mail. The car has been moved. The only remaining violations are the storage in the carport and the yellow drape up in front of it. Nellie Berry, 122 N.E. 6th Avenue, Boynton Beach, responded that she had removed the vehicle. She was in the process of going through papers and did not want to have the dusty boxes in the house and so kept them in the carport. Ms. Berry felt that the City should not have sent her the last violation since the Mustang was already gone when she received the violation. Chair DeLiso suggested that Ms. Berry contact Mr. Scott Blasie if she wanted to discuss this. Motion Based on the testimony and evidence presented in Case No. 02-2620, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law, that Nellie Berry is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1 [nc., Part 3 of the Land Development Regulations, Chapter 2, Section 6.B.2. Vice Chair Hammer moved to order that the Respondent correct the violations on or before April 20, 2003. Tf the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-2881 Property Address: Violation(s): Michael R. Rogers 111 N.E. 3rd Avenue Chapter 15, Article TX-15-120 (D) ! Znc. Pick up all loose items; cut any overgrowth; register vehicle in back yard or remove from property. 13 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Inspector Laverdure reported that this property had been cited on November 8, 2002 as a result of a routine neighborhood inspection. Service was accomplished by hand carry. Michael Rogers, 111 N.E. 3rd Avenue, Boynton Beach, pled No Contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 02-2881, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Michael R. Rogers is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) i :[nc. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #03-284 Property Address: Violation(s): A & Associates 2401 S.W. Ist Street Section 13-16 of the B.B.C. of Ordinances Business does not have a City of Boynton Beach occupational license. Cease any further business activities until proper license is secured. Inspector Lewis reported that this property had been cited on February 3, 2003. Andrew Lucci, 5577 Descartes Circle, Boynton Beach, pled No Contest and requested 90 days. He had spoken to Mr. Scott Blasie and felt that he could satisfy the violation during that time. Vice Chair Hammer inquired why it took 90 days to get an occupational license. Mr. Lucci owns several properties in Boynton Beach. He met with Michael Rumpf and the permitting staff and asked them about purchasing properties that he could use for his business. He was told that the Comprehensive Plan stated that the land near Bethesda would be commercial property. He owns over 50 properties in Boynton Beach. He purchased the 14 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 property, moved his business in, and was surprised to find that the Planning & Zoning Division told him they had made an error. Mr. Lucci agreed but stated that it would take a little time to accomplish the move of his business. Since then, he has purchased another piece of property that will close in 45 to 50 days, and will move his business into that property. He just needed time to sell the existing piece of property. Mr. Foot did not believe that this nuisance should be allowed to continue in the neighborhood in which he had set up his business. Also, the owner seems to have been aware of it, possibly even before he closed on the purchase of the property. Mr. Lucci stated that they did have a problem with the parking on the property and they had since reduced the number of people at the property and worked out an agreement with a neighbor. Motion Based on the testimony and evidence presented in Case No. 03-284, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that A & Associates are in violation of City of Boynton Beach Code Section 13-16. Mr. Foot moved to order that the Respondents correct the violations on or before March 21, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion. Chair DeLiso requested that the Recording Secretary conduct a roll call vote. The vote failed 3-3, Chair DeLiso, Vice Chair Hammer, and Mr. Rafkin dissenting. Motion Based on the testimony and evidence presented in Case No. 03-284, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that A & Associates are in violation of City of Boynton Beach Code Section 13-16. Mr. Foot moved to order that the Respondents correct the violations on or before April 16, 2003. Tf the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Hammer seconded the motion that carried unanimously. 15 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Case #02-2997 Property Address: Violation(s): 3eanne M. Ernst 903 N.W. 6~ Avenue Chapter 15, Article :[X-15-120 (D). Znc. Sod the driveway. Remove unregistered/inoperable vehicle. Remove all tires and debris from property. Inspector Pierre reported that this property had originally been cited on November 25, 2002. The violation was discovered through a routine neighborhood inspection. Service was achieved by posting. 3eanne Ernst, 903 N.W. 6th Avenue, Boynton Beach, stated that the vehicle, tires, and car parts had been removed from the property. She did not know how much of the driveway could be mulched. Inspector Roy stated that if it were to be mulched, it had to have plants every ten feet and be weed-free. Chair DeLiso explained that if Ms. Ernst wished to use the driveway as a driveway, she would have to meet with the City and get a permit. Motion Based on the testimony and evidence presented in Case No. 02-2997, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that .leanne Ernst is in violation of City of Boynton Beach Code Section Chapter 15, Article TX-15-120 (D) [nc. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-3172 Property Address: Violation(s): Neville Brown 251 N.W. 28th Avenue Chapter 15, Article IX-15-120 (D). tA Storage of unlicensed and/or inoperable vehicle not allowed on residential property. 16 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Inspector Guillaume reported that this property had originally been cited on December 9, 2002. The City recommended a compliance date of March 1, 2003. Notion Based on the testimony and evidence presented in Case No. 02-3172, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Neville Brown is in violation of City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) lA. Mr. Foot moved to order that the Respondent correct the violations on or before March 1, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. At this point, Reverend Isadore Maddox appeared for a//en reduction on Case 96-4259. He had appeared at the previous month's meeting but did not have the money to apply for the lien reduction. Chair DeL/so promised him that if he came to the March meeting and had paid the fee, his case would be heard. Hot/on Ms. Costantino moved to amend the agenda to add Case No. 96-4269 for a lien reduction. Mr. Foot seconded the motion that carried unanimously. Case #96-4269 1616 N.E. Ist Street Pearlie Walker Mr. Scott Blasie reported that the case had originally been cited on August 13, 1996 to install grass or sod in yard and swale and repair or replace the driveway. The case came before the Board on December 18, 1996 and no one appeared. The Board set a compliance date of January 14, 1997 and proposed a fine of $25.00 per day plus administrative costs. The case came back to the Board for certification on February 13, 1997. No one appeared. The Board certified the fine from January 15, 1997 until the date of compliance, which was established as March 9, 1998 as a result of a meeting Mr. Blasie held with Rev. Maddox. The house burned down in 1999. Rev. Isadore Maddox, representing his grandmother, Pearlie Walker, asked that the Board forgive the entire lien. He explained that he had not gotten the letters from the City because they had gone to his grandmother's house in Delray Beach. When his grandmother eventually told him about the letters, he took care of the sod and the driveway, probably in 1997. The house burned down in 1999 and was not rebuilt until 2000. He sold the house on 3anuary 9, 2003. 17 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 The Board saw pictures of the home and liked its appearance today. Mr. Foot wanted to assess a fine of $1,000 in order to recoup the inspection fees and compensate the neighborhood for what it had to bear during the time that the properly was not properly maintained. I~lotion Based on the testimony and evidence presented in Case No. 96-4269, 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. 96-4269, by virtue of this Board's Order of December 18, 1996 to an amount of $0.00, including administrative costs. Vice Chair Hammer seconded the motion that carried 5-1, Mr. Foot dissenting. Amnesty Period for Occupational Licenses Attorney Tolces advised the Board that the City had approved a 30-day amnesty period for individuals who did not have occupational licenses and suggested tabling any such cases that were pending in deference to the City Commission's Resolution. THE MEETING WAS RECESSED AT 9:00 P.M. AND RECONVENED AT 9:10 P.M. V/ce Chair Hammer/eft the meeting during this t/me. Tn reference to a question earlier in the meeting, Attorney Tolces advised that the Code stated: "Open and/or landscaped areas of the City on developed properties shall be covered by a lawn, which shall be maintained at a height not to exceed twelve inches. Additionally, pervious services (such as a mulched area) without irrigation systems, shall utilize drought-tolerant grass, shrubbery, with mulch or woodchips or other drought tolerant species so that they may be restored to a uniform green appearance as soon as weather conditions permit. Lawns that have died from lack of water or other causes shall be reseeded or sodded. This requirement shall not apply to areas covered by pavement, shell rock, limestone, gravel, decorative stone, or any other dust-free surface or areas covered by landscaping, mulch, or woodchips, which are regularly renewed and kept free of weeds." There was a discrepancy between this and a reference in Mr. Blasie's manual. Case #02-2896 Property Address: Violation(s): Edward S. Pickett 942 N.W. 8th Avenue Ch 15, Art. iX-15-120 (D) Znc., and Section :L0-2 of the B.B.C. of Ord. 18 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Resurface driveway. Remove Florida Holly, mow grass, remove weeds, trim bushes. Install grass in bare spots. Paint house. Remove trash. Tnspector Melillo reported that this property had originally been cited on November 7, 2002. The property is in compliance except for the resurfacing of the driveway, installation of grass on bare spots, and painting the house. The violation resulted from a complaint by a neighbor. The City recommended a compliance date of March 21, 2003. Notion Based on the testimony and evidence presented in Case No. 02-2896, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Edward S. Pickett is in violation of City of Boynton Beach Code Section Chapter 15, Article :[X-15-120 (D). :[nc. and Section 10-2. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-3189 Property Address: Violation(s): f4icki O'Callaghan 413 S.E. 23rd Avenue Part 3, LDR, Ch Sections 2A, 2G, and 2H. Reroof house. Repair water damage. Replace rotted cabinets. Repair all windows and screens. Repair wall where air conditioners are placed. Doors to be weather tight. Repair electrical outlets. Exterminate to rid structure of rats. Repair all interior doors. Remove lock from exterior door to permit egress. Secure housing for tenants until roof complete. :[nspector Roy reported that this property had been cited as a result of a complaint from a tenant. The roof has come into compliance but everything else remains. The City recommends a compliance date of March 21, 2003. The apartment is unoccupied at this time. 19 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Hotion Based on the testimony and evidence presented in Case No. 02-3189, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Micki O'Callaghan is in violation of City of Boynton Beach Code Part :[II of the Land Development Regulations, Chapter 20, VI:[I., Sections 2.A, 2.G, and 2.H. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #03-029 Property Address: Violation(s): Hope Zweben 22 Southport Lane "C" FBC 2001 Edition 105.7 Final inspection required- Red tag from Building Division. Inspector Roy reported that this case had been cited on January 8, 2003 as a result of a Red Tag from the Building Division that called for a final inspection. Service was accomplished by certified mail. The City suggested a compliance date of March 1, 2003. Notion Based on the testimony and evidence presented in Case No. 03-029, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Hope Zweben is in violation of the Florida Building Code, 2001 Edition, 105.7. Mr. Foot moved to order that the Respondent correct the violations on or before March 1, 2003. :[f the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-3159 Property Address: Violation(s): Sylvain Immacula 259 N.E. 6th Avenue Ch15-Art. IX-15-120 (D) 1. Tnc. and 15-16 of B.B.C. of Ordinance. Repair drive and/or parking 20 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February :19, 2003 area. Sod or grass bare spots in yard and swale. Put 4 inch street number on house. inspector Laverdure reported that this property had originally been cited on December :1:1, 2002. The violation was discovered through a routine neighborhood inspection. Service was obtained by posting. The City recommended a compliance date of March 2:1, 2003. I~lotion Based on the testimony and evidence presented in Case No. 02-3:159, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Sylvain ]:mmacula is in violation of the Boynton Beach Code of Ordinances Chapter :15, Article ]:X- :15- :120 (D) :1. inc., and Section 15-:16. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. Tf the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-3211 Property Address: Violation(s): Dean Thomas 1009 N.E. 3rd Street Chapter 15, Article ZX-15-120 (D) 1. Znc. Screens are needed. Remove plywood that is stored. Trim trees on North side of lot. Remove undergrowth, trash, and debris. ]:nspector Laverdure reported that this property had been cited on December :17, 2002 as a result of a routine inspection of the neighborhood. Service was obtained by certified mail. The City recommended a compliance date of March 21, 2003. Motion Based on the testimony and evidence presented in Case No. 02-32:11, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Dean Thomas is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article ]:X-:~5-:120 (D) :1. ]:nc. Mr. Foot moved to order that the Respondent correct the violations on or before March 2:1, 2003. ]:f the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus 21 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-2885 Property Address: Violation(s): Cardona D. Luz 176 S.E. 27m Avenue Ch.15-Art. IX-15-120 (D) Inc., 10-S2 and 13-16 of B.B.C. of Ord., Part 3-LDR, Chapter 2, Sec. S.D.1. Remove all inoperable vehicles from property. Cease and desist all auto repairs and auto sales from the property. [nspector Lewis reported that this property had originally been cited on November 13, 2002. The City recommended a compliance date of March 1, 2003. Motion Based on the testimony and evidence presented in Case No. 02-2885, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Cardona Luz is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article [X-15-120 (D) 1. [nc. and Sections 10-52 and 13-16. Mr. Foot moved to order that the Respondent correct the violations on or before March 1, 2003. [f the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-2942 Property Address: Violation(s): Lillian V. Mayhew 313 S.E. 21st Avenue 10-2 B.B.C. of Ord., Chapter 15, Article IX-15-120 (D) 1 Inc. Remove all trash, debris, and junk deposited on the property. Remove mulch pile. 22 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Inspector Lewis reported that Ms. Mayhew had left a message at the Code Compliance office stating that she was working on the violations but that she was doing the work herself. The City recommended 30 days for compliance. Notion Based on the testimony and evidence presented in Case No. 02-2942, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Lillian Mayhew is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article IX-15-120 (D) 1. Inc. and Section 10-2. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-3104 Property Address: Violation(s): :)osell & I~lildred A. Davila 3616 S.E. :[st Street Red Tag from Building Division. Inspector Lewis reported that this property had been cited as a result of a Red Tag from the Building Department. A final inspection is required on a pool. The City recommended a compliance date of March 21, 2003. Iq0tion Based on the testimony and evidence presented in Case No. 02-3104, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that .losell & Mildred A. Davila are in violation of the Florida Building Code 2001 Edition 105.7. Mr. Foot moved to order that the Respondents correct the violations on or before March 21, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-3093 Property Address: Violation(s): David Z. Eunice 607 N. Seacrest Boulevard Pt3-LDR.Ch.20-VZII.Sec. C2.A, Ch.15-Art. IX-15-120 (D). Inc. and (E)2C. 23 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February :L9, 2003 :Inspector Pierre stated that this property had originally been cited on December 9, 2002 as a result of a routine neighborhood inspection. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 02-3093, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that David Z. Eunice is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article :[X-15- :L 20 (D) Tnc. and E2C and Part 3 of the Land Development Regulations, Chapter 20, V]::[T. Section 2.A. and Section 10-2. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. Tf the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-3094 Property Address: Violation(s): David Z. Eunice 603 N. Seacrest Boulevard Ch15-Art. IX-15-120 (D) .Inc Remove trash and debris. Sod all bare spots in front and back yard. :Inspector Pierre reported that this property was originally cited on December 9, 2002 as a result of a routine neighborhood inspection. The City recommended a compliance date of March 21, 2003. Motion Based on the testimony and evidence presented in Case No. 02-3094, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that David Z. Eunice is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article TX-15-120 (D) :[nc. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. ~[f the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case No. 02-2810 Property Address: Henry 3. Woods 26:L N.E. :1.6m Court 24 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Violation(s): Ch15-Art. IX-15-120 and Part 3, Sec.4. Remove inoperable property. sidewalk with vehicles. (D) .lA, LDR.Ch22-I, unlicensed and vehicles from Stop blocking Inspector Webb reported that this property had originally been cited on October 31, 2002. The violation was discovered as a result of a routine neighborhood inspection. Service was obtained by certified mail. The City recommended a compliance date of March 21, 2003. I~lotion Based on the testimony and evidence presented in Case No. 02-2810, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Henry .]. Woods is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article IX-15-120 (D) lA and Part 3, Land Development Regulations, Chapter 22-I, Section 4. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-2846 Property Address: Violation(s): Lakendra S. Giddings 2206 N.E. 4m Court Ch15-Art. ZX-15-120 (D) 1. Inc. Remove unlicensed and inoperable vehicles from property. Remove all trash and debris. Define driveway. Inspector Webb reported that this property had originally been cited on November 7, 2002. The violation was discovered through a routine neighborhood inspection. Service was attained by certified mail. The City recommended a compliance date of March 21, 2003. The Board questioned the recurring violation note in the backup notes and Inspector Webb confirmed that it was indeed a recurring situation. Mr. Blasie explained the difference between a recurring violation and a repeat violation. 25 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 a recurring violation such as this one, the Statutory provision allows the Board to call for the presence of the violator, even if they have come into compliance before the date of the meeting. Hotion Based on the testimony and evidence presented in Case No. 02-2846, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Lakendra Giddings is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article IX-15-120 (D) 1 Inc. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-2847 Property Address: Violation(s): Dianne C. Morrison 2214 N.E. 4th Court Ch15-Art. IX-15-120 (D) 1 Inc. Remove all trash and debris. t4ow tall weeds in back yard. Remove inoperable and unlicensed vehicle from back yard. Sod bare spots in yard. Inspector Webb reported that this case had been cited on November 7, 2002 as a result of a routine neighborhood inspection. Service was accomplished by certified mail. The City recommended a compliance date of March 21, 2003. I~lotion Based on the testimony and evidence presented in Case No. 02-2847, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that Dianne C. Morrison is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article 1~X-15-120 (D) 1 l~nc. Mr. Foot moved to order that the Respondent correct the violations on or before March 21, 2003. if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. 26 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Case #02-2926 Property Address: Violation(s): Morales R. Pabon 327 N.E. 15~h Avenue Ch15-Art. IX-15-120 (D).IB & Sod bare areas in yard and swale. Repair or remove shed. Shed is not a permitted shed. Inspector Webb reported that this property had originally been cited on November 18, 2002. Service was attained by certified mail. I~lotion Based on the testimony and evidence presented in Case No. 02-2926, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Morales R. Pabon is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article IX-15-120 (D) lB. & 1.E. Ms. Costantino moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried unanimously. Case #02-3068 Property Address: Violation(s): Jean S. & Joseph I~1. Felix 2105 N.E. 3rd Street Sod bare areas in yard. Place house number on building. Remove all unlicensed and inoperable vehicles. Inspector Webb reported that this property had been cited as a result of a routine neighborhood inspection. Service was obtained by certified mail. The City recommended a compliance date of March 21, 2003. t4otion Based on the testimony and evidence presented in Case No. 02-3068, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law, that .lean S. & .loseph M. Felix are in violation of the Boynton Beach Code of Ordinances Chapter 15, Article IX-15-120 (D) i Inclusive and Section 15-16. Mr. Foot moved to order that the Respondents correct the violations on or before March 21, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The 27 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Costantino seconded the motion that carried unanimously. Case #02-3070 Property Address: Violation(s): Larry B. Adams 1990 N.E. 2nd Lane Ch.15-Art.:[X-15-120 (D) 1.E. and Sections 13-16 and 15- 16. Sod all bare areas in yard. Place house number on building. Obtain an occupational license to rent property. Inspector Webb reported that this property had originally been cited on December 6, 2002. The violation was discovered through a routine neighborhood inspection. Service was obtained by certified mail. The City recommended a compliance date of March 21, 2003. Motion Based on the testimony and evidence presented in Case No. 02-3070, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Larry B. Adams is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article ~[X-15-120 (D) 1.E. and Sections 13-:[6 and 15-16. Ms. Costantino moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried unanimously. Case #02-3071 Property Address: Violation(s): Alicia H. Ramos 1890 N.E. 2nd Lane Ch.15-Art.:[X-15-120 (D) .lA. Sod all bare areas in yard and Remove all unlicensed and inoperable vehicles. i[nspector Webb reported that this case had originally been cited on December 6, 2002. The violation was discovered through a routine neighborhood inspection. 28 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Service was obtained by certified mail. The City recommended a compliance date of March 21, 2003. I~lotion Based on the testimony and evidence presented in Case No. 02-3071, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Alicia H. Ramos is in violation of the Boynton Beach Code of Ordinances Chapter 15, Article IX-15-120 (D) 1.A. Ms. Costantino moved to order that the Respondent correct the violations on or before March 21, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried unanimously Case #02-3196 Property Address: Violation(s): Howard Harding 1640 N.E. 4th Court FBC'01 Ed 104.1.1, 13-16 B.B.C. of Ordinances Canopy must be permitted or removed. An occupational license is required for rental property. Inspector Webb reported that this property had originally been cited on December 19, 2002 as a result of a routine neighborhood inspection. Service was obtained by certified mail. The City recommended a compliance date of March 1, 2003. t4otion Based on the testimony and evidence presented in Case No. 02-3196, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Howard Harding is in violation of the Florida Building Code 2001 Edition 104.1.1 and Section 13-16 of the Boynton Beach Code of Ordinances. Ms. Costantino moved to order that the Respondent correct the violations on or before March 1, 2003. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. 29 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Case #02-3241 Property Address: Violation(s): Ellington & Shirline Beckles 310 N.W. 16m Court Ch.15-Art. TX-15-120 (D) .lA Remove loose trash and all inoperable and unregistered vehicles. Inspector Webb reported that this property had originally been cited on December 20, 2002 as a result of a routine neighborhood inspection. Service was accomplished by certified mail. The City recommended a compliance date of March 21, 2003. Motion Based on the testimony and evidence presented in Case No. 02-3241, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of law, that Ellington and Shirline Beckles are in violation of the Boynton Beach Code of Ordinances Chapter 15, Article 1X-15-120 (D) .lA. Ms. Costantino moved to order that the Respondents correct the violations on or before March 21, 2003. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-3247 Property Address: Violation(s): ]ames C. & Patricia McCrimmon 2127 N.E. 2nd Court Ch.15-Art. lIX-15-120 (D) .lA & .lB. Sod bare areas in yard. Remove all inoperable and unregistered vehicles and repair or replace wooden fence. Inspector Webb reported that this property had been cited on December 20, 2002 as a result of a routine neighborhood inspection. Service was accomplished by certified mail. The City recommended a compliance date of April 20, 2003. Motion Based on the testimony and evidence presented in Case No. 02-3247, Ms. Costantino moved that this Board find, as a matter of fact, and as a conclusion of 3O Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 law, that 3ames C. ~ Patricia McCrimmon are in violation of the Boynton Beach Code of Ordinances Chapter 15, Article IX-15-120 (D) .lA and .lB. Ms. Costantino moved to order that the Respondents correct the violations on or before April 20, 2003. Tf the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried unanimously. Case #02-3251 Bank of America Property Address: 1615 N.E. 3rd Court Violation(s): Ch.15-Art. IX-15-120 (D) 1 Inc., and (E) 2C and the Florida Building Code 2000 Edition, Section 424.2.17.1.8. Property is overgrown. Trim all bushes and trees. Remove all loose trash. Replace or repair fence around pool. Clean dank water in pool. Repair broken windows. Pool barrier must have self-latching gate. Inspector Webb reported that this property had been cited on December 23, 2002 as a result of a routine inspection of the neighborhood. Service was secured by posting. The City recommended a compliance date of March 1, 2003. Ms. Costantino inquired whether the pool was secured and Inspector Webb responded that it was not. It was, however, covered with wood. Mr. Blasie stated that he believed the Code allowed the City to Order to have the nuisance abated. Chair DeLiso believed that the City could handle the repairs and bill the Bank of America mortgage company. Attorney Tolces stated that the Board could recommend that Code Compliance staff work with the Building Department to the extent that the Building Department can take steps to abate the nuisance. Mr. Foot stated that the motion he had in mind was a recommendation to the City Commission. The Board felt it was imperative to take action on this issue. I~lotion Mr. Foot moved that the Board render an Order in Case No. 02-3251 pursuant to the Boynton Beach Code of Ordinances Chapter 2, Article 5, Section 279, to recommend to the City Commission that the City will abate the nuisance by making all reasonable repairs to bring the property into compliance and charge the violator for the cost of the repairs along with fines of $100.00 per day if the violation is not corrected by March 1, 2003. Ms. Costantino seconded the motion that carried unanimously. 31 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Attorney Tolces stated that the problem with using Section 279 was that the Board had not entered an Order previously. The City Attorney's office will work with staff to make sure that the wishes of the Board are satisfied and will insure that the Order complies with the Ordinances as well. Inspector Pete Roy declared that the following Lien Penalty Certification cases had come into compliance and the City recommended "No Fine": Case No. 02-1584 Case No. 02-2:[95 Case No. 02-2578 Case No. 02-2555 Case No. 02-2601 Case #02-1584 L & A Apartments, LLC Boca Raton, Florida 33487 410 N.E. 3rdstreet Motion Based on the testimony and evidence presented in Case No. 02-1584, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondents, L & A Apartments, LLC, were in violation of the City of Boynton Beach Code Sections Part 3 of the Land Development Regulations, Chapter 7.5-:[T Section 5(B) and Article IT Section 5 (B & C), subsequent to the date of compliance specified in the Board's Order of October 16, 2002. Mr. Miriana moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify "No Fine." Ms. Costantino seconded the motion that carried unanimously. Case #02-2195 T.B. & Clara Hicks 522 N.W. 5th Street Motion Based on the testimony and evidence presented in Case No. 02-2195, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondents, T.B. & Clara Hicks, were in violation of the City of Boynton Beach Code Sections Chapter :[5, Article TX-15-:[20 (D) ]:nclusive subsequent to the date of compliance specified in the Board's Order of October 16, 2002. Mr. Miriana moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify "No Fine." Ms. Costantino seconded the motion that carried unanimously. 32 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Case #02-2578 Terri L. Washington 1413 N.W. 4th Street Motion Based on the testimony and evidence presented in Case No. 02-2578, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondent, Terri L. Washington, was in violation of the Standard Building Code 1997 Edition, 104.1. subsequent to the date of compliance specified in the Board's Order of December 18, 2002. Mr. Miriana moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify "No Fine." Ms. Costantino seconded the motion that carried unanimously. Case #02-2555 Eslett Ruiz 7486 Coconut Drive Lake Worth, FI 33467 2131 N.W. Ist Street Motion Based on the testimony and evidence presented in Case No. 02-2555, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondent, Eslett Ruiz was in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120 (D) .lA and Chapter 15-16, subsequent to the date of compliance specified in the Board's Order of December 18, 2002. Mr. Miriana moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify "No Fine." Ms. Costantino seconded the motion that carried unanimously. Case #02-2601 Will & Ann Watson 211N.E. 9m Avenue Motion Based on the testimony and evidence presented in Case No. 02-2601, Mr. Miriana moved that this Board find, as a matter of fact, that the Respondents, Will & Ann Watson, were in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inclusive and D (1) Inclusive, subsequent to the date of compliance specified in the Board's Order of December 18, 2002. Mr. Miriana moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify "No Fine." Ms. Costantino seconded the motion that carried unanimously. Inspector Roy stated that the following Lien Penalty Certification cases should be tabled until March 19, 2003: Case #01-2254 Case #02-~68~ 2682 33 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 19, 2003 Case #01-2554 Marta R. Pejouhy 152 S.E. 28th Avenue Ms. Costantino moved to table Case No. 01-2554 until the Code Compliance Board meeting on March 19, 2003. Mr. Foot seconded the motion that carried unanimously. Case #02-2~--~2682 Ruthie M. Evans 525 N.E. 2nd Street 600 N.E. 1st Street Boynton Beach, FI 3343S Ms. Costantino moved to table Case No. 02--268~2682.until the Code Compliance Board meeting on March 19, 2003. Mr. Foot seconded the motion that carried unanimously. Inspector Roy stated that the following cases should be certified' Case #02-2078 Case #02-2200 Case #02-2078 Robert A. Crossland & Kimberly R. Ward 1237 Gondola Lane Motion Based on the testimony and evidence presented in Case No. 02-2078, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Ms. Costantino moved that this Board find that Robert A. Crossland and Kimberly R. Ward have violated this Board's prior Order of October 16, 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. Miriana seconded the motion that carried unanimously. Case #02-2200 Venetrice A. 3ackson 1634 N.E. 2nd Court Motion Based on the testimony and evidence presented in Case No. 02-2200, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Ms. Costantino moved that this Board find that Venetrice A..lackson 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 34 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February :1.9, 2003 judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that carried unanimously. C. Foreclosures Motion Mr. Foot moved to authorize the City Attorney to proceed on foreclosures as listed below. Ms. Costantino seconded the motion that carried unanimously. Gracie f4. Denson Everett & Doris Matthews Gloria Venegas Case#01-2397 Case #02-1055 Case #02-1134 Mr. Scott Blasie distributed a memorandum concerning Lake Worth Resolution #2002-34 pertaining to an alternative method for collecting Code Compliance/Enforcement fines in the same manner as non-ad-valorem assessments. He asked that the Board read it and prepare comments and questions for later discussion. V:[. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:45 p.m. Respectfully submitted, Susan Collins Recording Secretary (two tapes) (022003) 35