Minutes 04-16-03MZNUTES OF THE CODE COMPLZANCE BOARD MEETTNG HELD TN
COMMIISSTON CHAMBERS, CTTY HALL, BOYNTON BEACH, FLORTDA
ON WEDNESDAY, APRTL 16, 2003 AT 7:00 P.M.
Present
Chris DeLiso, Chairman
Michele Costantino
Robert Foot
.lames Miriana
Enrico Rossi
Dave Rafkin, Alternate
Absent
Michael Pawelczyk, Assistant City Attorney
Scott Blasie, Code Administrator
~[nspectors:
Mike Melillo
Luney Guillaume
Richard Laverdure
Skip Lewis
Vestiguerne Pierre
Willie Webb
Courtney Cain
Patti Hammer, Vice Chair
Dee Zibelli
Call to Order
Chair DeLiso called the meeting to order at 7:00 p.m.
Approval of Minutes of March 19, 2003
I~lotion
Mr. Miriana moved to approve the minutes of March 19, 2003. Ms. Costantino
seconded the motion. Mr. Foot noted that the fine should be changed from $50 to $25
on Case #03-419, subject to an examination of the recording from the meeting. Mr.
Miriana and Ms. Costantino agreed to this amendment to the motion. The motion
passed unanimously. (/Vote: The recording was reviewed and the minutes were
changed to reflect the correct fine, which was $25.00 per day p/us administrative
costs.)
Approval of Agenda
Mr. Foot wished to add an election for Chair and Vice Chair to the end of the Agenda.
Inspector Skip Lewis gave the status of the following Agenda items:
Page 8 Case #03-718, complied
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Page 10 Case #03-247, removed
Page 11 Case #03-251, removed
Page 13 Case #03 255, removed
Page 21 Case #03-443, complied
Page 28 Case #03-201, complied
Page 31 Case #03-409, complied
Page 32 Case #03-433, complied
Page 39 Case #03-555, complied
Motion
Ms. Costantino moved to approve the Agenda as amended.
motion that carried unanimously.
Mr. Rafkin seconded the
TV. Swearing in of Witnesses and Tntroduction.
Inspector Lewis called the roll. Chair DeLiso explained the plea system. The Recording
Secretary administered the oath of truthfulness to all persons who planned to testify at
the meeting.
V. New Business
A. Cases to be Heard
Case #03-093
Property Address:
Violation(s):
Coy & Michelle Adams
1940 N. Seacrest Boulevard
SBC '97 Ed. 104.1.1
Red Tag from Building Division
Inspector Webb reported that this property had originally been cited on ]anuary 21,
2003. The violation was discovered through a Red Tag from the Building Division for a
permit for an air conditioning system. Service was obtained by certified mail.
Coy Adams, 1940 N. Seacrest Boulevard, Boynton Beach, explained that he had
spoken to the Building Division, found out what he needed to do, and he had to have
an inspection.
Motion
Based on the testimony and evidence presented in Case #03-093, Mr. Foot moved that
this Board find that Coy and Michelle Adams are in violation of the Standard Building
Code 1997 Edition, 104.1.1, and moved to order that the Respondents correct the
violations on or before May 16, 2003. The Board has considered the gravity of the
violation, the actions taken by the Respondents, and any previous violations by
Respondents, and hereby orders that if the Respondents do not comply with this Order,
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Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
a fine in the amount of $25.00 per day plus administrative costs shall be imposed for
each day the violation continues past May 16, 2003. 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 #03-566
Property Address
Violation(s):
Daniel Morgan
1417 S. Seacrest Boulevard
Section 10-2 B.B.C. of Ord; PT3-
LDR, Ch 2.Sec 4.3, Ch 15-Art. IX-15-
120 (D). Znc.
Remove all outside storage and,
construction materials not being
actively used. Mow yard. Install
sod wherever dead or bare. Trim
hedges down to 30 inches within
25 feet of intersection.
Inspector Cain reported that this property had been cited on February 21, 2003. The
mowing violation complied. Sod still had to be installed in the yard and the hedges had
to be trimmed. The violation was discovered by a routine inspection of the
neighborhood. Service was obtained by posting. Inspector Cain stated that the property
had been posted before they were able to meet with Mr. Morgan the previous week and
that Mr. Morgan was aware of the violations and what had to be done.
Assistant City Attorney Pawelczyk administered the oath of truthfulness to Mr. Morgan.
Daniel Morgan, 1417 S. Seacrest Boulevard, Boynton Beach, stated that he did
not know what was going on, even though he had spoken to the Code Inspector. He
did not understand why he had received a violation when his neighbors had not. Mr.
Morgan stated that he had recently purchased the property because there were no
Code liens against it. Also, he stated that he had been familiar with the property for 50
years and that it never had any grass. He felt that his yard looked better than many
other houses on his street. He also stated that it was a hardship to have to install grass
because as a general contractor, he knew that it would cost $3K to install grass and
landscape the yard. He needed six months to do this. Mr. Morgan pled not guilty.
Inspector Cain shared photographs of the property with Mr. Morgan and the Board.
Assistant City Attorney Pawelczyk asked Mr. Morgan if he had any evidence that he was
not guilty of the code violations. Mr. Morgan stated that he would bring some
photographs but was told that the hearing was going on at this moment.
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Motion
Based on the testimony and evidence presented in Case #03-566, Ms. Costantino
moved that this Board find that Daniel Morgan is violation of Section 10-2 of the
Boynton Beach Code of Ordinances, Part 3 of the Land Development Regulations,
Chapter 2, Section 4.3, Chapter 15, Article :[X-15-120 (D) Tnclusive, and moved to order
that the Respondent correct the violations on or before 3une 15, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondent, and any
previous violations by Respondent, and hereby orders that 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 for each day the violation continues past .~une 15, 2003. 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.
Tnspector Cain said that the hedges were a safety hazard due to creating a visual
obstruction. He showed the Board a picture of the hedges and recommended a
compliance date of May 1, 2003 for the trimming of the hedges.
Ms. Costantino amended the motion to 15 days on the hedge (May 1, 2003) and 60
days on the remainder (June 15, 2003). Mr. Foot seconded the amended motion that
passed unanimously.
Mr. Morgan asked how he could fight this Order and Chair DeLiso explained the
procedure.
Case #03-596
Property Address:
Violation(s):
Jean L. & Kethlie St. Fort
176 $.E. 28th Court
13-16 B.B.C. of Ordinances
Rental duplex requires an
occupational license and
inspections are required.
Tnspector Lewis reported that the original notice of violation had been given on
February 25, 2003.
.lean St. Fort, 176 S.E. 28th Court, Boynton Beach, pled guilty and requested 60
days for compliance.
:Inspector Lewis stated that Mr. St. Fort had two rental places and they both required
extensive work. He requested a two-part order if possible, requiring a second
inspection in ten days. There is a non-permitted addition to one of the units, referred to
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Boynton Beach, Florida
April 16, 2003
as a screen room, and the Respondent has agreed to tear it down and bring it back to
its original conditioni inspector Lewis believed that 90 days would be required since Mr.
St. Fort had to go through the permit process.
Motion
Based on the testimony and evidence presented in Case #03-596, Mr. Foot moved that
this Board find that 3ean L. & Kethlie St. Fort are in violation of Section 13-16 of the
Boynton Beach Code of Ordinances and moved to order that the Respondents correct
the violation on the screen room by April 26, 2003 and the balance of the items by 3uly
15, 2003. The Board has considered the gravity of the violation, the actions taken by
the Respondents, and any previous violations by Respondents, and hereby orders that 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 for each day the violation continues past
April 26, 2003 for the screen room and 3uly 15, 2003 for the balance of the violations.
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. Rossi seconded the motion that carried unanimously.
Case #03-013
Property Address:
Violation(s):
.1.H. & Louise D. Garvin
918 N.W. Ist Street
Ch 15-Art.:[X-15-120 (D) :[nc. and
(E) 2A
Sod yard and remove all
unregistered/inoperative vehicles.
Remove all debris off property.
Repair roof fascia boards.
Inspector Pierre reported that this property had originally been cited on January 10,
2003. The violations were discovered through a routine inspection of the
neighborhood.
.lohn Garvin, 918 N.W. Ist Street, Boynton Beach, pled guilty and requested 60
days. He had already begun work but needed two months to complete everything.
The Board determined that there were no hurricane hazards.
Motion
Based on the testimony and evidence presented in Case #03-013, Mr. Foot moved that
this Board find that .1.H. and Louise D. Garvin are in violation of Chapter 15, Article TX-
15-120 (D) :Inc. and (E) 2A and moved to order that the Respondents correct the
violations by .~une 15, 2003. The Board has considered the gravity of the violation, the
actions taken by the Respondents, and any previous violations by Respondents, and
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Boynton Beach, Florida
April 16, 2003
hereby orders that 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 for each day the
violation continues past June 15, 2003. 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.
VT. Old Business
A. Lien Penalty Certifications (Tabled)
Case #01-2554
Iqarta R. Pejouhy
152 S.E. 28th Avenue
Tnspector Roy reported that this property had been cited on September 25, 2001 for
violation of the Standard Building Code 1997 Edition, Section 103.5, unsafe
building/structure on rear of house. A Code Compliance Board hearing was held
November 21, 2001 and the Respondent did not appear. The Board set a compliance
date of December 21, 2001 and proposed a fine of $25.00 per day if the property did
not come into compliance. The property has not yet come into compliance for a total of
481 days of non-compliance.
Bertram Shapero, 120 S. Olive Avenue, Suite 301, West Palm Beach, stated
that after the last Code Compliance Board meeting on March 19, 2003, Inspector Roy
had visited the property in question and stated that other than the structure on the rear
of the house, everything was all right. He stated that this room did not have a permit.
Mr. Shapero produced evidence that Ms. Pejouhy's husband had applied for a permit for
the room and that it had been finalized.
Chair DeLiso stated that it had been his understanding that the room was unsafe and
that this was the key point in the case. He also understood that the Respondent was
having the room taken down by the Faith-Based Community Development Corporation.
Mr. Shapero responded that the room was being taken down on the basis that there
had been no permit. Chair DeLiso reiterated that the room was unsafe and asked if it
had been taken down.
:Inspector Roy indicated that there was no question that the room had been permitted.
The owner was not given a citation for not having a permit but was cited for having an
unsafe room that needed to be either repaired or taken down.
Assistant City Attorney Pawelczyk pointed out that Assistant City Attorney Tolces had
included in the members' agenda packets a letter addressed to Mr. Shapero stating that
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Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
while there may have been reference to an unpermitted structure, the violation was for
an unsafe structure. He stated that the Respondent had been made aware of this.
Mr. Shapero stated that when he found out that a permit had been issued and finalized
for the room, he had faxed the Faith-Based Community Development Corporation and
asked them if they could arrange for someone to take care of the repairs that had to be
done in order to bring the room into compliance. They indicated to him that they did
not do work of this nature. Mr. Shapero referred to Ms. Pejouhy's modest circumstances
and the need to find someone to do the work gratis. The Faith-Based CDC gave Mr.
Shapero the name of a contractor that might do the work. Mr. Shapero stated that if
this contractor agreed to do the work, the repairs would probably take 60 days.
Mr. Foot inquired about the possibility that had been discussed at previous meetings of
Ms. Pejouhy obtaining a reverse mortgage to help with the cost of the repairs. Mr.
Shapero responded that they had applied for this but because Ms. Pejouhy indicated
that she was going to sell the property within a year, the mortgage lender did not want
to proceed.
Motion
Mr. Foot moved to table Case #01-2554 until the .~une 18, 2003 Code Compliance
Board meeting. Mr. Rafkin seconded the motion that failed 2-4 in a Roll Call vote, Cha/r
DeL/so, Mr./V//r/ana, IV/r. Ross/, and Ns. Costant/no d/ssent/ng.
Ms. Costantino confirmed with Inspector Roy that the Code section he cited was for an
unsafe structure.
Motion
Based on the testimony and evidence presented in Case #01-2554, Ms. Costantino
moved that this Board find that the Respondent has not complied with this Board's
Order dated November 21, 2001, and having considered the gravity of the violations,
the actions taken by the Respondent, and any and all previous violations committed by
the Respondent, that this Board impose and certify a fine in the amount of $25.00 per
day plus administrative costs, which shall continue to accrue until the Respondent
comes into compliance or until a judgment is entered based upon this certification of
fine. Mr. Miriana seconded the motion that passed 5-1, lyf. Foot d/ssent/ng.
Ms. Matra R. Pejouhy, :1.52 S.E. 28th Avenue, Boynton Beach, stated that she had
been told that her case was closed. Assistant City Attorney Pawelczyk stated that there
was a lien reduction procedure that was set forth in Section 2-84 of the Boynton Beach
Code of Ordinances and that there were conditions in this Section that would allow Ms.
Pejouhy to apply for a lien reduction once the property was brought into compliance.
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Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Case #02-3191
Nautica Homeowners' 8000 Bermuda Sound Way
Association
Inspector Roy reported that this property had been cited on November 16, 2002 for
violations of the Standard Building Code Sections 104.6.1 and 105.6. A Code
Compliance Board hearing was held on February 19, 2003 and the Respondents
appeared. The Board set a compliance date of March 21, 2003 and proposed a fine of
$25.00 per day. The property came into compliance on April 7, 2003. The City
recommended no fine.
Bob Dallen, representing Nautica for Prime Management, appeared and
introduced himself. There were no questions.
Motion
Based on the testimony and evidence presented in Case #02-3191, Mr. Foot moved
that this Board find that the Respondents, Nautica Homeowners' Association, were in
violation of the Standard Building Code Sections 10~,.6.1 and 105.6, subsequent to the
date of compliance specified in this Board's Order of February 19, 2003, and in
consideration of the gravity of the violation, the actions taken by the Respondents to
remedy the violation, and previous violations of the Respondents, that this Board
impose and certify a fine in the amount of $0.00 per day including administrative costs.
Ms. Costantino seconded the motion that passed unanimously.
Case #01-483
Thomas E. & Sandra 3ohnson
64 Paxford Lane
Inspector Cain reported that the notice of violation date had been March 5, 2001 and
had been issued for violations of the Standard Building Code. A permit and inspections
are required for a screen room addition. A Code Compliance Board hearing was held on
November 20, 2002 and the Respondents did not appear. The Board set a compliance
date of December 20, 2002 and proposed a fine of $25.00 a day. The property has not
yet come into compliance.
Thomas 3ohnson, 64 Paxford Lane, Boynton Beach, asked for 6 months in order
to bring the property into compliance. Mr. Foot confirmed with ]:nspector Cain that there
were no safety problems with granting the additional time.
Motion
Ms. Costantino moved to table Case #01-483 until the October 15, 2003 Code
Compliance Board meeting. Mr. Miriana seconded the motion that carried unanimously.
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Case #02-3261
Andre St. ]uste
925 Greenbriar Drive
Tnspector Cain reported that this property had originally been cited on December 27,
2002 for violations of the Boynton Beach Code of Ordinances, Sections 10-2 and 10-3.
Lumber, wood, and other debris constituted a hurricane hazard. A Code Compliance
Board hearing was held on February 19, 2003 and the Respondent did not appear. The
Board set a compliance date of March 21, 2003 and proposed a fine of $25.00 per day.
The property came into compliance on the day of the meeting. The City recommended
no fine.
Motion
Based on the testimony and evidence presented in Case #02-3261, Mr. Foot moved
that this Board find that the Respondent, Andre St..]uste, was in violation of the City of
Boynton Beach Code of Ordinances, Sections 10-2 and 10-3, subsequent to the date of
compliance specified in this Board's Order of February 19, 2003, and in consideration of
the gravity of the violation, the actions taken by the Respondent to remedy the
violation, and previous violations of the Respondent, 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 passed unanimously.
Mr. St..]uste submitted a copy to each Board member of a letter that he had written to
his attorney dated March 22, 2003 pertaining to this case and asked that they read it. A
copy of the letter is attached to the minutes.
Case #02-2997
:leanne t4. Ernst
903 N.W. 6th Avenue
Inspector Pierre reported that this property had been cited on November 25, 2002 for
violations of the Community Appearance Code. A Code Compliance Board hearing was
held on February 19, 2003 and Ms. Ernst appeared. The Board set a compliance date
of March 21, 2003 and proposed a fine of $25.00 per day. The property has not yet
come into compliance.
.leanne Ernst, 903 N.W. 6th Avenue, Boynton Beach, stated that she had
remulched the driveway in accordance with her understanding of comments made to
her at the first hearing of her case. She indicated a comment made by Chair DeLiso that
he believed Mr. Blasie had stated that she could apply mulch, but Mr. Blasie was not at
this meeting to confirm that. Ms. Costantino stated her recollection that the driveway
was to be xeriscaped with mulch and that there had to be a certain number of plants
for the amount of area involved. There were no plants in the pictures that were shown
to the Board.
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Inspector Pierre reiterated that he had not said to mulch the driveway but to apply sod
to it, or contact the City and get a permit for a driveway, inspector Roy stated that the
property owner could not apply mulch all the way to the street. Ms. Ernst stated that
xeriscaping was mentioned but it was only a suggestion. She offered to xeriscape if
requested to do so.
inspector Pierre mentioned a picture that showed a vehicle for sale that was unlicensed
and unregistered. Ms. Ernst stated that the vehicle in the picture was different from the
one that was there previously and that the vehicle in the picture was a registered
vehicle.
Mr. Foot asked if this were a repeat violation and Inspector Pierre responded that Ms.
Ernst had not owned the property when it was cited previously. Ms. Ernst was unaware
of those violations. Chair DeLiso asked inspector Pierre if he agreed with tabling the
case for 30 days, meeting with the property owner, and explaining what had to be
done, and inspector Pierre agreed.
Assistant City Attorney Pawelczyk stated that with respect to the vehicles, the violation
was still recurring, even if a different vehicle.
Motion
Mr. Foot moved to table Case # 02-2997 until the Code Compliance Board meeting of
May 16, 2003, with the proviso that the Respondent come back with some recognition
of the law and not have any other items on the property that were not permitted.
Ms. Ernst stated that the vehicle that was there at present was registered and insured,
although the For Sale letters had not been washed off. Mr. Foot stated that this was
not what a residential neighborhood needed.
Mr. Miriana seconded the motion that carried unanimously.
Ms. Ernst asked that she be given a statement of what needed to be done in writing,
and that it be signed by Inspector Pierre.
Mr. Foot amended the motion to the actual meeting date of May 21, 2003. Mr. Miriana
seconded the amended motion that carried unanimously.
Ms. Ernst stated that inspector Pierre was not being cooperative. She asked if he could
spend some time with her now because she worked 70 hours a week. She complained
that inspector Pierre had an "attitude" against her. Chair DeLiso recommended that
Ms. Ernst contact Mr. Scott Blasie, the Code Compliance Administrator.
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Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Mr. Foot noted that in the agenda packets, there were no copies of the previous
minutes for the case just heard and that there normally were. He felt that this kind of
backup was important and asked that it be included in the future.
Case #03-386
Montalan 3. Thermitus
1441 N.W. 3rd Street
Inspector Webb stated that the property had been cited on February 7, 2003 for
violations of the Standard Building Code. A Code Compliance Board hearing was held
on March 19, 2003 and no one appeared. The Board set a compliance date of March
29, 2003 and proposed a fine of $25.00 per day. The property had not yet come into
compliance.
Montalan .1. Thermitus, 1441 N.W. 3rd Street, Boynton Beach, stated that he had
been sick and was not working. He did not have enough money to bring the property
into compliance.
Tnspector Pierre translated the proceedings for Mr. Thermitus and made sure that he
realized what had to be done.
Inspector Webb explained that everything on the case had received final inspections
except the plumbing in the bathroom and that Mr. Thermitus needed more money to
complete the plumbing. He believed that Mr. Thermitus would need 90 days to finish
the plumbing portion of the bathroom and Mr. Thermitus agreed.
Motion
Mr. Foot moved to table Case #03-386 to the Code Compliance Board meeting of .]uly
16, 2003. Ms. Costantino seconded the motion that carried unanimously.
Case #02-1448
Emy Delmonaco
9880 Grand Verde Way
Boca Raton, FI. 33428
135 N.E. 5th Avenue
Assistant City Attorney Pawelczyk swore Ms. Delmonaco in.
Emy Delmonaco, 9880 Grande Verde Way, Boca Raton, stated that she had
faxed a Debtor's Statement of Tntention to Mr. Blasie and that it included the property
to be surrendered and a legal description. Tnspector Webb stated that Mr. Blasie had
received it and forwarded it to the Legal Department. Ms. Delmonaco indicated that her
lawyer told her that it would take quite a while for the property to come out of her
name. Assistant City Attorney Pawelczyk stated that he had not heard about this from
Mr. Tolces.
Chair DeLiso recommended that the case be dismissed.
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Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Notion
Ms. Costantino moved to dismiss Case # 02-1448. Mr. Raftdn seconded the motion.
Mr. Foot did not understand why the fees were being waived and felt that the citation
should be re-issued to the mortgage company and/or that the case should be tabled
pending a recommendation from Assistant City Attorney Tolces.
Mr. Pawelczyk stated that he had not reviewed any backup for the case. He felt that in
a Code setting, Ms. Delmonaco was responsible for the property at the time she owned
it. He stated, however, that the property was discharged in bankruptcy and that unless
life and/or safety issues were involved, he recommended that the case be dismissed
and that the Code Compliance Division cite the new owner, inspector Webb stated that
there were no life or safety issues involved.
Mr. Pawelczyk stated that the Board could find no violation and dismiss the case or
certify a fine of $0.00, thereby dismissing the case, all in the same motion.
Motion
Mr. Foot moved that the motion be amended to certify a fine of $0.00. Mr. Miriana
seconded the motion to amend Ms. Costantino's motion and this motion carried
unanimously.
A vote was taken on Ms. Costantino's original motion to dismiss the case, which now
includes a certification of a fine of $0.00, and the motion passed unanimously.
Cases to Be Heard (continued)
Assistant City Attorney Pawelczyk stated that for the record, from this point forward,
there were no persons in the audience who wished to speak.
Case #03-311
Property Address:
Violation(s):
Carrie S. Long
1311 S. Seacrest Boulevard
SBC 1997 Edition, 105.6
Inspection required for new
window installation. Red Tag
from Building Division.
Inspector Cain stated that this property had originally been cited on February 5, 2003.
The City recommended a compliance date of April 26, 2003.
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Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Motion
Based on the testimony and evidence presented in Case #03-311, Ms. Costantino
moved that this Board find that Carrie S. Long is in violation of the Standard Building
Code, 1997 Edition, 105.6, and moved to order that the Respondent correct the
violations on or before April 26, 2003. The Board has considered the gravity of the
violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that 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 for
each day the violation continues past April 26, 2003. 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 #03-457
Property Address:
Violation(s):
3ames G. Somerville
Vacant lot at S.W. Ist Avenue
Ch 15-Art.]:X-15-120 (D) lB
Remove all dirt and trash off
sidewalk and repair sidewalk.
:Inspector Cain reported that this property had originally been cited on February 11,
2003. The City recommended a compliance date of May 16, 2003.
Ms. Costantino asked whether the sidewalk belonged to the City. :Inspector Cain
thought that it was but that the homeowner was responsible for it. She agreed but
asked why the City was asking them to repair the sidewalk. :Inspector Cain reiterated
that the homeowner was responsible for the sidewalk and the right-of-way.
:Inspector Cain showed some pictures of the property to the Board.
Motion
Based on the testimony and evidence presented in Case #03-457, Ms. Costantino
moved that this Board find that James G. Somerville is in violation of the City of
Boynton Beach Code of Ordinances Chapter 15, Article :[X-15-120 (D) lB, and moved to
order that the Respondent correct the violations on or before May 16, 2003. The Board
has considered the gravity of the violation, the actions taken by the Respondent, and
any previous violations by Respondent, and hereby orders that 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 for each day the violation continues past May 16, 2003. 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.
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Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Case #03-458
Property Address:
Violation(s):
Boynton 12 Tnvestments
210 S.E. 12th Avenue
FBC '01 Ed 106.1.2 and 106.2
Needs Certificate of
Completion.
Red Tag from Building
Division.
Inspector Cain reported that this property had originally been cited on February 12,
2003. The City recommended a compliance date of April 26, 2003.
Motion
Based on the testimony and evidence presented in Case #03-458, Mr. Foot moved that
this Board find that Boynton 12 Investments are in violation of the Florida Building
Code, 2001 Edition, Sections 106.1.2 and 106.2, and moved to order that the
Respondents correct the violations on or before April 26, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondents, and any
previous violations by Respondents, and hereby orders that 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 for each day the violation continues past April 26, 2003. 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 #03-463
Property Address:
Violation(s):
R. Diane Copeland Tr
902 S. Seacrest Boulevard
10-2 B.B.C. of Ord. And
Chapter 15-120 (D) ThC.
Sod yard and swale. Trim
Florida Holly or remove it.
Remove all trash and debris
from side yard.
]:nspector Cain reported that this property had originally been cited on February 12,
2003. This is a repeat violator. The City recommended a compliance date of May 16,
2003.
Motion
Based on the testimony and evidence presented in Case #03-463, Mr. Foot moved that
this Board find that the R. Diane Copeland Trust is in violation of the City of Boynton
Beach Code of Ordinances Section 10-2 and Chapter 15, Article ]~X-15-120 (D) ]:nc. and
moved to order that the Respondent correct the violations on or before May 16, 2003.
The Board has considered the gravity of the violation, the actions taken by the
14
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Respondent, and any previous violations by Respondent, and hereby orders that 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 for each day the violation continues past May
16, 2003. 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 #03-717
Property Address:
Violation(s):
Chackman Motels, Inc.
706 W. Boynton Beach Blvd.
Boynton Beach Code Amendment
105.11
Red Tag from Building Division.
Inspection required.
Inspector Cain reported that this property had been cited on March 5, 2003 because
they failed to obtain an inspection for a smoke detector. The City recommended a
compliance date of April 26, 2003.
Motion
Based on the testimony and evidence presented in Case #03-717, Mr. Foot moved that
this Board find that Chackman Motels, Thc. are in violation of Section 105.11 of the
Boynton Beach Amendments to the Building Code, and moved to order that the
Respondents correct the violations on or before April 26, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondents, and any
previous violations by Respondents, and hereby orders that 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 for each day the violation continues past April 26, 2003. 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 #02-3160
Property Address:
Violation(s):
James G. Ambroise
261 N.W. 28th Avenue
Ch 15-Art. IX-15-120 (D) 1.
Inc.
De-weed and install sod in
the dead areas of yard and
swale to achieve a uniform
green appearance.
Inspector Guillaume reported that this property had been cited on December 11, 2002.
The City recommended a compliance date of May 16, 2003.
15
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Motion
Based on the testimony and evidence presented in Case #02-3160, Ms. Costantino
moved that this Board find that James G. Ambroise is in violation of the City of Boynton
Beach Code of Ordinances Chapter 15, Article TX-15-120 (D) 1 ThC. and moved to order
that the Respondent correct the violations on or before May 16, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondent, and any
previous violations by Respondent, and hereby orders that 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 for each day the violation continues past May 16, 2003. 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 #03-254
Property Address:
Violation(s):
Fausto Ocampo
360 N. Palm Drive
Ch 15-Arr.:IX-15-120 (D) .lA
& (E) 2A
Remove loose trash and
debris, Install sod in dead
areas of yard and swale,
Repair and paint fascia wood,
Inspector Guillaume reported that this property had been cited on January 30, 2003.
The City recommended 90 days for compliance.
Motion
Based on the testimony and evidence presented in Case #03-254, Mr. Miriana moved
that this Board find that Fausto Ocampo is in violation of the City of Boynton Beach
Code of Ordinances Chapter 15, Article :[X-15-120 (D) lA and (E) 2A, and moved to
order that the Respondent correct the violations on or before July 16, 2003. The Board
has considered the gravity of the violation, the actions taken by the Respondent, and
any previous violations by Respondent, and hereby orders that 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 for each day the violation continues past July 16, 2003. 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 #03-598
Property Address:
Violation(s):
Marie L. Benjamin
3185 Ocean Parkway
Ch 15-Art. IX-15-120 (D) ,lA
16
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Remove junk in back yard
including bicycles and
mattresses.
Inspector Guillaume reported that this property had been cited on February 26, 2003.
The City recommended May 1, 2003 as a Compliance date.
Motion
Based on the testimony and evidence presented in Case #03-598, Ms. Costantino
moved that this Board find that Marie L. Benjamin is in violation of the City of Boynton
Beach Code of Ordinances Chapter 15, Article IX-15-:L20 (D) :LA, and moved to order
that the Respondent correct the violations on or before May 1, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondent, and any
previous violations by Respondent, and hereby orders that 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 for each day the violation continues past May :L, 2003. 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 #02-2656
Property Address:
Violation(s):
Doris M. Smith
407 N.W. 7th Street
Ch-IS-Art. IX-IS-120 (D) Tnc.
Deweed and define driveway.
Remove all trash and outside
storage behind house and
under blue tarp.
:Inspector Melillo reported that this property had been cited on October :L4, 2002. The
City recommended a compliance date of May :L6, 2003.
Motion
Based on the testimony and evidence presented in Case #02-2656, Mr. Foot moved
that this Board find that Doris M. Smith is in violation of the City of Boynton Beach Code
of Ordinances Chapter 15, Article IX-:LS-:L20 (D) Inc., and moved to order that the
Respondent correct the violations on or before May 16, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondent, and any
previous violations by Respondent, and hereby orders that 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 for each day the violation continues past May 16, 2003. 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.
17
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Case #02-2852
Property Address:
Violation(s):
Victor L. Cook
654 W. Ocean Avenue
SBC '94 ED 104.1.1
Needs final inspection
on addition.
Inspector Melillo reported that this property had originally been cited on November 1,
2002. The City recommended a compliance date of .lune 15, 2003.
Motion
Based on the testimony and evidence presented in Case #02-2852, Mr. Foot moved
that this Board find that Victor L. Cook is in violation of the Standard Building Code,
1994 Edition, 104.1.1, and moved to order that the Respondent correct the violations
on or before 3une 15, 2003. The Board has considered the gravity of the violation, the
actions taken by the Respondent, and any previous violations by Respondent, and
hereby orders that 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 for each day the
violation continues past 3une 15, 2003. 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 #03-203
Property Address:
Violation(s):
Cross Creek Center Assoc Ltd.
1301 W. Boynton Beach Blvd.
FBC 2001 ED 104.1.1 and
105.6
Red Tag for fire alarm.
Inspector Melillo reported that this property had been cited on January 28, 2003. The
City recommended a compliance date of .lune 15, 2003.
The Board inquired why it was such a long time for a fire alarm. Inspector Melillo
stated that ADT needed to hook the alarm into the main system. When the fire alarm
was installed, this operation was not part of the Code. There is no hazard and when it is
completed, the system will meet the current Code.
Motion
Based on the testimony and evidence presented in Case #03-203, Ms. Costantino
moved that this Board find that Cross Creek Center Association, Ltd. are in violation of
the Florida Building Code 2001 Edition 104.1.1 and 105.6, and moved to order that the
Respondents correct the violations on or before .~une 15, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondents, and any
previous violations by Respondents, and hereby orders that if the Respondents do not
18
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
comply with this Order, a fine in the amount of $25.00 per day plus administrative costs
shall be imposed for each day the violation continues past .~une 15, 2003. 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. Foot seconded the motion that carried unanimously.
Case #03-707
Property Address:
Violation(s):
Great Western Bank
555 N. Congress Avenue
FBC 2001 Ed 104.1.1
104.6.2
Red Tag. Pay fee, pick up
permits, and pass final
inspections.
and
Inspector Roy reported that this property had originally been cited on March 5, 2003.
Service was accomplished by certified mail. The City recommended a compliance date
of May 1, 2003.
Motion
Based on the testimony and evidence presented in Case #03-707, Mr. Foot moved that
this Board find that Great Western Bank is in violation of the Florida Building Code 2001
Edition 104.1.1 and 104.6.2, and moved to order that the Respondent correct the
violations on or before May 1, 2003. The Board has considered the gravity of the
violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that 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 for
each day the violation continues past May 1, 2003. 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 #03-20
Property Address:
Violation(s):
Michael Cl Bornstein
724 N. Federal Highway
PT3-LDR, Chapter 4,
Section 11 and Ch 15-Art. IX-
15-120 (D) 1 Inc.
Repair potholes in parking lot
and install sod/grass in swale
areas.
19
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Inspector Laverdure reported that this case had been a referral from the Environmental
Department. It was originally cited on .lanuary 13, 2003. The City recommended a
compliance date of May 16, 2003.
Motion
Based on the testimony and evidence presented in Case #03-20, Ms. Costantino moved
that this Board find that Michael C. Bornstein is in violation of the City of Boynton Beach
Code Part 3, Land Development Regulations, Chapter 4, Section 11, and Chapter 15,
Article IX-15-120 (D) I Inclusive, and moved to order that the Respondent correct the
violations on or before May 16, 2003. The Board has considered the gravity of the
violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that 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 for
each day the violation continues past May 16, 2003. 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 #03-194
Property Address:
Violation(s):
Nathan & Marva Collins, Jr.
250 N.E. 7th Avenue
Ch 15-Art.:[X-15-120 (D) 1
:[nc., PT3-LDR, and Ch 23-Art
II.O.
Repair parking lot and install
grass in bare spots in yard
and swale area.
Inspector Laverdure reported that this property had been cited on January 28, 2003.
The City recommended a compliance date of May 16, 2003.
Motion
Based on the testimony and evidence presented in Case #03-194, Ms. Costantino
moved that this Board find that Nathan & Marva Collins, .Ir. are in violation of the City of
Boynton Beach Code sections Chapter 15, Article IX-15-120 (D) 1 Inclusive, Part 3 of
the Land Development Regulations, and Chapter 23, Article II.O, and moved to order
that the Respondents correct the violations on or before May 16, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondents, and any
previous violations by Respondents, and hereby orders that 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 for each day the violation continues past May 16, 2003. 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. Foot seconded the motion that carried unanimously.
20
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Case #03-496
Property Address:
Violation(s):
Marie L. Luma
526 N.E. 2nd Street
Ch 15-Arl:.IX-15-120 (D) 1
Inclusive
Sod yard and swale area.
Register and make vehicle
operable or remove from
Property.
Inspector Laverdure reported that this property had originally been cited on February
14, 2003 as a result of a routine neighborhood inspection. Service was accomplished
by certified mail. The City recommended a compliance date of May 16, 2003.
Motion
Based on the testimony and evidence presented in Case #03-496, Ms. Costantino
moved that this Board find that Marie L. Luma is in violation of the City of Boynton
Beach Code Chapter 15, Article [X-15-120 (D) I Inclusive, and moved to order that the
Respondent correct the violations on or before May 16, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondent, and any
previous violations by Respondent, and hereby orders that 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 for each day the violation continues past May 16, 2003. 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 #03-593
Property Address:
Violation(s):
Raymond I~angicapra
187 S.E. 27th Way
13-16 B.B.C. of Ord.
Rental occupational license
required.
Inspector Lewis reported that this property had been cited on February 25, 2003. The
City recommended a compliance date of May 16, 2003.
Motion
Based on the testimony and evidence presented in Case #03-593, Mr. Miriana moved
that this Board find that Raymond Mangicapra is in violation of the City of Boynton
Beach Code Chapter Section :[3-:[6, and moved to order that the Respondent correct
the violations on or before May :[6, 2003. The Board has considered the gravity of the
violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that 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 for
21
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
each day the violation continues past May 16, 2003. 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 #03-693
Property Address:
Violation(s):
Andrew Luchey, .lr.
2208 S.E. 4th Street
SBC '97 Ed 105.6
Final inspection required on
permit for windows. Red Tag.
Inspector Lewis reported that this property had been cited on March 4, 2003. The City
recommended a compliance date of May 1, 2003.
Mr. Foot asked if this were the same gentleman that had a problem at 2401 SiW. ist
Street and Inspector Lewis responded that it was.
f, lotion
Based on the testimony and evidence presented in Case #03-693, Mr. Foot moved that
this Board find that Andrew Luchey, .Ir. is in violation of the Standard Building Code
1997 Edition 105.6, and moved to order that the Respondent correct the violations on
or before May 1, 2003. The Board has considered the gravity of the violation, the
actions taken by the Respondent, and any previous violations by Respondent, and
hereby orders that 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 for each day the
violation continues past May 1, 2003. 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 #03-009
Property Address:
Violation(s):
3erry McAdoo
201 N.W. 7th Court
Ch 1S-Art. IX-15-120 (D) Inc.
Remove debris from
property. Sod yard. Remove
all refrigerators.
Inspector Pierre reported that this property had been cited on -ianuary 9 2003.
Inspector Pierre noted that this individual was a repeat violator. In response to a
question from the Board, :Inspector Pierre stated that the doors were on the
refrigerators.
22
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
I~lotion
Based on the testimony and evidence presented in Case #03-009, Mr. Foot moved that
this Board find that Jerry McAdoo is in violation of the City of Boynton Beach Code
Chapter 15, Article IX-15-120 (D) Inclusive, and moved to order that the Respondent
correct the violations on or before May 1, 2003. The Board has considered the gravity
of the violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $75.00 per day plus administrative costs shall be imposed for
each day the violation continues past May 1, 2003. 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 #03-383
Property Address:
Violation(s):
Ernestine Clark
538 N,W. 10th Avenue
Ch 15-Art. TX-15-120 (D). Znc.
Sod west of driveway or
extend driveway - a permit
is required.
Inspector Pierre reported that this property had been cited on February 7, 2003. The
City recommended a compliance date of May 16, 2003.
Motion
Based on the testimony and evidence presented in Case #03-383, Mr. Miriana moved
that this Board find that Ernestine Clark is in violation of the City of Boynton Beach
Code Chapter 15, Article IX-15-120 (D) Inclusive, and moved to order that the
Respondent correct the violations on or before May 16, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondent, and any
previous violations by Respondent, and hereby orders that 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 for each day the violation continues past May 16, 2003. 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 #03-403
Property Address:
Violation(s):
Shawn Maesel
407 N.W. 13th Avenue
Ch 15-Art. ZX-15-120 (D) Znc.
Sod front yard.
Inspector Pierre reported that this property had been cited on February 10, 2003. The
City recommended a compliance date of May 16, 2003.
23
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Motion
Based on the testimony and evidence presented in Case #03-403, Ms. Costantino
moved that this Board find that Shawn Maesel is in violation of the City of Boynton
Beach Code Chapter 15, Article IX-15-120 (D) ]~nclusive, and moved to order that the
Respondent correct the violations on or before May 16, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondent, and any
previous violations by Respondent, and hereby orders that 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 for each day the violation continues past May 16, 2003. 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# 03-461
Property Address:
Violation(s):
Helen Gamble
230 N.W. 12th Avenue
Ch 15-Art.:ZX-15-120 (D) Inc.
Sod bare spots in yard
including swale area. Remove
unregistered trailer. Remove
trash and debris from
property.
]Inspector Pierre reported that this property had been cited on February 12, 2003. The
City recommended a compliance date of May 16, 2003.
Iqotion
Based on the testimony and evidence presented in Case #03-461, Ms. Costantino
moved that this Board find that Helen Gamble is in violation of the City of Boynton
Beach Code Chapter 15, Article IX-15-120 (D) Inclusive, and moved to order that the
Respondent correct the violations on or before May 16, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondent, and any
previous violations by Respondent, and hereby orders that 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 for each day the violation continues past May 16, 2003. 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 #02-2928
Property Address:
Violation(s):
Andrew & Jeannette Phillips
402 N.E. 15th Avenue
Ch 15-Art.:[X-15-120 (D) lA
24
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Unlicensed or inoperable
vehicles on residential
property not allowed.
Inspector Webb reported that this property had been cited on November 18, 2002. The
violation was discovered through a routine neighborhood inspection. Service was
obtained by posting. The City recommended a compliance date of April 26, 2003. The
owner has been cited three times.
I~lotion
Based on the testimony and evidence presented in Case #02-2928, Mr. Foot moved
that this Board find that Andrew C. & .leanette Phillips are in violation of the City of
Boynton Beach Code Chapter 15, Article IX-15-120 (D) lA, and moved to order that the
Respondents correct the violations on or before April 26, 2003. The Board has
considered the gravity of the violation, the actions taken by the Respondents, and any
previous violations by Respondents, and hereby orders that if the Respondents do not
comply with this Order, a fine in the amount of $50.00 per day plus administrative costs
shall be imposed for each day the violation continues past April 26, 2003. 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 #03-095
Property Address:
Violation(s):
Cebien Sine
115 N.W. 14th Avenue
Ch 15-Art. IX-15-120 (D) lA
Remove unlicensed and
inoperable vehicles from
property. Put house number
on building. 15-16 B.B.C. of
Ord.
Inspector Webb reported that this property had originally been cited on .lanuary 21,
2003 as a result of a routine neighborhood inspection. Service was obtained by
certified mail. The City recommended a compliance date of May 16, 2003. The
property has been cited 21 times.
I~lotion
Based on the testimony and evidence presented in Case #03-095, Mr. Foot moved that
this Board find that Cebien Sine is in violation of the City of Boynton Beach Code
Chapter 15, Article :[X-15-;L20 (D) ;LA, and moved to order that the Respondent correct
the violations on or before May ;L6, 2003. The Board has considered the gravity of the
violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that if the Respondent does not comply with this Order,
25
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
a fine in the amount of $100.00 per day plus administrative costs shall be imposed for
each day the violation continues past May 16, 2003. 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 #03-240
Property Address:
Violation(s):
Bertha Achille
212 N.E. 14m Avenue
Ch 15-Art-ZX-15-120 (D)
Inc.
Sod yard. Remove loose
trash. Remove inoperable
and registered vehicle. Trim
bushes in front yard.
1
Inspector Webb reported that this property had been cited January 30, 2003. The
violations were discovered through a routine neighborhood inspection. Service was
obtained by hand delivery. The City recommended a compliance date of May 16, 2003.
The property has been cited 28 times.
Notion
Based on the testimony and evidence presented in Case #03-240, Mr. Foot moved that
this Board find that Bertha Achille is in violation of the City of Boynton Beach Code
Chapter 15, Article IX-15-120 (D) :[ Inclusive, and moved to order that the Respondent
correct the violations on or before May 16, 2003. The Board has considered the gravity
of the violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $100.00 per day plus administrative costs shall be imposed for
each day the violation continues past May 16, 2003. 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 #03-521
Property Address:
Violation(s):
Fayol Camilus
331 N.E. 15th Court
Ch 15-Art. ZX-15-120 (D) 1
Znc., Pt 3, LDR, Ch 20-
VZZZ.Sec 2A, 424.2.17.1.8 of
the Florida Building Code
2000 Edition. Sod yard, repair
driveway, repair windows,
secure pool, and repair
irrigation system, repair roof.
26
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
correct the violations on or before May 16, 2003. The Board has considered the gravity
of the violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that 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 for
each day the violation continues past May 16, 2003. 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 #03-731
Property Address:
Violation(s):
Br4VFL 1 Inc.
1801 N.E. 4m Street
FBC 2001 Ed 104.5
Red Tag from
Division.
Building
Inspector Webb reported that this property had been cited on March 10, 2003. Service
was obtained by certified mail. The City recommended a compliance date of April 26,
2003. The Red Tag is for a tie down for a water hookup. Inspector Webb stated that
the property had been cited 31 times. Inspector Melillo indicated that this mobile home
village frequently brought trailers in and out without getting permits to tie them down,
secure them, and hook them up properly.
Motion
Based on the testimony and evidence presented in Case #03-731, Msi Costantino
moved that this Board find that BMVFL 1 Inc. is in violation of the Florida Building Code
2001 Edition 104.5, and moved to order that the Respondent correct the violations on
or before April 26, 2003. The Board has considered the gravity of the violation, the
actions taken by the Respondent, and any previous violations by Respondent, and
hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $150.00 per day plus administrative costs shall be imposed for each day the
violation continues past April 26, 2003. 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. Foot seconded the motion that
carried unanimously.
Case #03-758
Property Address:
Violation(s):
Paul Conserve
424 N.E. 22nd Avenue
FBC 2001 Edition 104.1.1
Permit required for reroofing
and other remodeling in
carport.
28
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Inspector Webb reported that this property had been cited on February 20, 2003 as a
result of a complaint from a neighbor. Service was obtained by certified mail. The City
recommended a compliance date of May 16, 2003. The property had been cited 12
times previously. Inspector Webb stated that the house was full of dogs but that he had
never seen any people there.
Chair DeLiso asked about the security of the pool. Inspector Webb stated that it was
open and available to use and looked clean. Inspector Webb stated that Animal Control
had gone to the address. Ms. Costantino asked why they had not removed the animals
and Inspector Webb did not know.
Motion
Based on the testimony and evidence presented in Case #03-521, Ms. Costantino
moved that this Board find that Fayol Camilus is in violation of the City of Boynton
Beach Code Chapter 15, Article IX-15-120 (D) 1 Inclusive, Part 3 of the Land
Development Regulations, Chapter 20, VII1~. Section 2A, and Section 424.2.17.1.8 of the
Florida Building Code, 2000 edition, and moved to order that the Respondent correct
the violations on or before April 26, 2003. The Board has considered the gravity of the
violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $75.00 per day plus administrative costs shall be imposed for
each day the violation continues past April 26, 2003. 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 #03-546
Property Address:
Violation(s):
Audrey Williams
2051 N.W. 2nd Street
Ch 15-Art. TX-15-120 (D) 1
Znc.
Sod bare areas in yard and
swale and remove oversized
vehicle from residential area.
Inspector Webb reported that this property had been cited on February 21, 2003. The
violations were discovered through a routine neighborhood inspection. Service was
obtained by certified mail. The property has been cited 15 times but the owner was
different. The City recommended a compliance date of May 16, 2003.
Motion
Based on the testimony and evidence presented in Case #03-546, Mr. Foot moved that
this Board find that Audrey Williams is in violation of the City of Boynton Beach Code
Chapter 15, Article IX-15-120 (D) ! ]:nclusive, and moved to order that the Respondent
27
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Inspector Webb reported that this property had been cited on March 12, 2003 as a
result of a routine neighborhood inspection. The City recommended a compliance date
of May 16, 2003.
Notion
Based on the testimony and evidence presented in Case #03-758, Mr. Foot moved that
this Board find that Paul Conserve is in violation of the Florida Building Code 2001
Edition 104.1.1, and moved to order that the Respondent correct the violations on or
before May 16, 2003. The Board has considered the gravity of the violation, the actions
taken by the Respondent, and any previous violations by Respondent, and hereby
orders that 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 for each day the violation
continues past May 16, 2003. 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.
Certification of Fines
Inspector Lewis recommended that the fines be certified in the following cases:
Page 42 Case #02-3088
Page 43 Case #01-312
Page 46 Case #02-2213
Page 47 Case #02-3283
Page 48 Case #01-2254
Page 53 Case #02-3159
Page 56 Case #02-2896
Page 57 Case #02-2942
Page 59 Case #02-3232
Page 61 Case #02-2810
Page 63 Case #02-2846
Page 65 Case #02-2926
Page 66 Case #02-3070
Case #02-3088
DSS Properties
728 Casa Loma Blvd.
Motion
Based on the testimony and evidence presented in Case #02-3088, Mr. Foot moved
that this Board find that the Respondents have not complied with this Board's Order
dated February 19, 2003, and having considered the gravity of the violation, the actions
taken by the Respondents, and any and all previous violations committed by the
Respondents, that this Board impose and certify a fine in the amount of $25.00 per day
29
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
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 #01-312
3ohnny & Linda Waters
1635 N.E. 3~ Street
Motion
Based on the testimony and evidence presented in Case #01-312, Mr. Foot moved that
this Board find that the Respondents have not complied with this Board's Order dated
September 18, 2002, and having considered the gravity of the violation, the actions
taken by the Respondents, and any and all previous violations committed by the
Respondents, that this Board impose and certify a fine in the amount of $25.00 per day
plus administrative costs which shall continue to accrue until the Respondents come
into compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
Case #02-2213
Paul Benito
137 N.E. 11m Avenue
Motion
Based on the testimony and evidence presented in Case #02-2213, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
November 20, 2002, and having considered the gravity of the violation, the actions
taken by the Respondent, and any and all previous violations committed by the
Respondent, that this Board impose and certify a fine in the amount of $25.00 per day
plus administrative costs which shall continue to accrue until the Respondent comes
into compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
Case #02-3283
Scott & 3oan Kessler
1114 N. Federal Hwy.
Based on the testimony and evidence presented in Case #02-3283, Mr. Foot moved
that this Board find that the Respondents have not complied with this Board's Order
dated February 20, 2002, and having considered the gravity of the violation, the actions
taken by the Respondents, and any and all previous violations committed by the
Respondents, that this Board impose and certify a fine in the amount of $25.00 per day
plus administrative costs which shall continue to accrue until the Respondents come
into compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
30
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Case #01-2254
Town Tavern, :[nc.
512 N. Federal Hwy.
Motion
Based on the testimony and evidence presented in Case #01-2254, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
3anua~ 16, 2002, and having considered the gravib/of the violation, the actions taken
by the Respondent, and any and all previous violations committed by the Respondent,
that this Board impose and certify a fine in the amount of $25.00 per day plus
administrative costs which shall continue to accrue until the Respondent comes into
compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
Case #02-3159
:[mmacula SyIvain
259 N.E. 6th Avenue
Motion
Based on the testimony and evidence presented in Case #02-3159, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
Februa~ 19, 2003, and having considered the gravib/of the violation, the actions taken
by the Respondent, and any and all previous violations committed by the Respondent,
that this Board impose and certify a fine in the amount of $25.00 per day plus
administrative costs which shall continue to accrue until the Respondent comes into
compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
Case #02-2896
Edward Si Pickett
942 N.W. 8th Avenue
Motion
Based on the testimony and evidence presented in Case #02-2896, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
March 21, 2003, and having considered the gravib/of the violation, the actions taken by
the Respondent, and any and all previous violations committed by the Respondent, that
this Board impose and certi~ a fine in the amount of $25.00 per day plus administrative
costs which shall continue to accrue until the Respondent comes into compliance or
until a judgment is entered based upon this certification of fine. Mr. Miriana seconded
the motion that carried unanimously.
Case #02-2942
Lillian V. Mayhew
313 S.E. 21st Avenue
Motion
Based on the testimony and evidence presented in Case #02-2942, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
Februa~ 19, 2003, and having considered the gravib/of the violation, the actions taken
31
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
by the Respondent, and any and all previous violations committed by the Respondent,
that this Board impose and certify a fine in the amount of $25.00 per day plus
administrative costs which shall continue to accrue until the Respondent comes into
compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
Case #02-3232
Micki O'Callaghan
1085 Mourning Dove Lane
West Palm Beach, FI 33414
411 S.E. 23rd Avenue
Motion
Based on the testimony and evidence presented in Case #02-3232, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
March :[9, 2003, and having considered the gravity of the violation, the actions taken by
the Respondent, and any and all previous violations committed by the Respondent, that
this Board impose and certify a fine in the amount of $25.00 per day plus administrative
costs which shall continue to accrue until the Respondent comes into compliance or
until a judgment is entered based upon this certification of fine. Mr. Miriana seconded
the motion that carried unanimously.
Case #02-2810
Henry 3. Woods
261 N.E. 16th Court
Motion
Based on the testimony and evidence presented in Case #02-28:[0, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
February 19, 2003, and having considered the gravity of the violation, the actions taken
by the Respondent, and any and all previous violations committed by the Respondent,
that this Board impose and certify a fine in the amount of $25.00 per day plus
administrative costs which shall continue to accrue until the Respondent comes into
compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
Case #02-2846
Lakendra S. Giddings
2206 N.E. 4m Court
Motion
Based on the testimony and evidence presented in Case #02-2846, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
February 19, 2003, and having considered the gravity of the violation, the actions taken
by the Respondent, and any and all previous violations committed by the Respondent,
that this Board impose and certify a fine in the amount of $25.00 per day plus
administrative costs which shall continue to accrue until the Respondent comes into
compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
32
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Case #02-2926
Morales R. Pabon
408 N.E. 15m Avenue
Boynton Beach, FI.
327 N.E. 15m Avenue
Motion
Based on the testimony and evidence presented in Case #02-2926, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
February 19, 2003, and having considered the gravity of the violation, the actions taken
by the Respondent, and any and all previous violations committed by the Respondent,
that this Board impose and certify a fine in the amount of $25.00 per day plus
administrative costs which shall continue to accrue until the Respondent comes into
compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
Case #02-3070
Larry B. Adams
691 W. 36m Street
West Palm Beach, FI.
1990 N.E. 2ndLane
Motion
Based on the testimony and evidence presented in Case #02-3070, Mr. Foot moved
that this Board find that the Respondent has not complied with this Board's Order dated
February 19, 2003, and having considered the gravity of the violation, the actions taken
by the Respondent, and any and all previous violations committed by the Respondent,
that this Board impose and certify a fine in the amount of $25.00 per day plus
administrative costs which shall continue to accrue until the Respondent comes into
compliance or until a judgment is entered based upon this certification of fine. Mr.
Miriana seconded the motion that carried unanimously.
Cases that Complied - No Fine.
Inspector Lewis stated that the following cases had come into compliance and the City
recommended "No Fine."
Page 45
Page 50
Page 62
Page 64
Page 67
Case #02-1666
Case #03-029
Case #02-2813
Case #02-2847
Case #02-3071
33
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Case #02-1666
Michelle Hubbard
1239 Gondola Lane
Motion
Based on the testimony and evidence presented in Case #02-1666, Mr. Foot moved
that this Board find that the Respondent, Michelle Hubbard, was in violation of the City
of Boynton Beach Code section Chapter 15, Article TX-15-120 (D) Tnclusive and Article
XVITI, Section 3, subsequent to the date of compliance specified in this Board's Order of
August 21, 2002, and in consideration of the gravity of the violation, the actions taken
by the Respondent to remedy the violation, and previous violations of the Respondent,
that this Board impose and certify "No Fine." Ms. Costantino seconded the motion that
carried unanimously.
Case #03-29
Zweben Hope
22 Southport Lane "C"
Motion
Based on the testimony and evidence presented in Case #03-29, Mr. Foot moved that
this Board find that the Respondent, Zweben Hope, was in violation of the Florida
Building Code 2001 Edition, Section 105.7, subsequent to the date of compliance
specified in this Board's Order of February 19, 2003, and in consideration of the gravity
of the violation, the actions taken by the Respondent to remedy the violation, and
previous violations of the Respondent, that this Board impose and certify "No Fine." Ms.
Costantino seconded the motion that carried unanimously.
Case #02-2813
3erome & Carrie Harvey
211N.E. 19m Avenue
Motion
Based on the testimony and evidence presented in Case #02-2813, Mr. Foot moved
that this Board find that the Respondents, Jerome & Carrie Harvey, were in violation of
the City of Boynton Beach Code Chapter 15, Article TX-15-120 (D) 1.A and (D) 1.E,
subsequent to the date of compliance specified in this Board's Order of January 15,
2003, and in consideration of the gravity of the violation, the actions taken by the
Respondent to remedy the violation, and previous violations of the Respondent, that
this Board impose and certify "No Fine." Ms. Costantino seconded the motion that
carried unanimously.
Case #02-2847
Dianne C. Morrison
2214 N.E. 4m Cou~
Motion
Based on the testimony and evidence presented in Case #02-2847, Mr. Foot moved
that this Board find that the Respondent, Dianne C. Morrison, was in violation of the
City of Boynton Beach Code section Chapter 15, Article :[X-15-120 (D) i :[nclusive,
subsequent to the date of compliance specified in this Board's Order of February 19,
2003, and in consideration of the gravity of the violation, the actions taken by the
34
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Respondent to remedy the violation, and previous violations of the Respondent, that
this Board impose and certify "No Fine." Ms. Costantino seconded the motion that
carried unanimously.
Case #02-3071
Alicia H. Ramos
1890 N.E. 2nd Lane
Motion
Based on the testimony and evidence presented in Case #02-3071, Mr. Foot moved
that this Board find that the Respondent, Alicia H. Ramos, was in violation of the City of
Boynton Beach Code section Chapter 15, Article IX-15-120 (D) lA subsequent to the
date of compliance specified in this Board's Order of February 19, 2003, and in
consideration of the gravity of the violation, the actions taken by the Respondent to
remedy the violation, and previous violations of the Respondent, that this Board impose
and certify "No Fine." Ms. Costantino seconded the motion that carried unanimously.
Tabl__~ed Cases
Inspector Lewis recommended that Case #02-3189 be tabled until the Code Compliance
Board hearing on May 21, 2003.
Motion
Mr. Foot moved to table Case #02-3189 until the Code Compliance Board meeting on
May 21, 2003. Ms. Costantino seconded the motion that carried unanimously.
Inspector Lewis recommended that Case #02-3104 be tabled until the June 18, 2003
Code Compliance Board meeting.
Motion
Mr. Foot moved to table Case #02-3104 until the 3une 18, 2003 Code Compliance
Board meeting. Ms. Costantino seconded the motion that carried unanimously.
VII. Other
Annual Board Election
Motion
Mr. Foot moved to have an election for Chairman and Vice Chairman at this meeting for
the term to end not later than the start of the regular meeting of May 2004, or sooner
at the discretion of the Board. He further moved to open the nominations. Ms.
Costantino seconded the motion that carried unanimously.
Mr. Foot nominated Ms. Costantino as Chairperson. Mr. Miriana nominated Mr. DeLiso
as Chairman.
35
Meeting Minutes
Code Compliance Board Meeting
Boynton Beach, Florida
April 16, 2003
Motion
Mr. Foot moved to close the nominations and have a secret ballot.
Assistant City Attorney Pawelczyk noted that the vote could not be secret since this was
a public meeting but that they could have a silent vote if they wished.
Mr. Food amended his motion to simply close the nominations. Mr. Miriana seconded
the motion that carried unanimously.
The Recording Secretary polled the vote. The vote for Chairman was 5-1 in favor of Mr.
Chris DeLiso, with Mr. Foot dissenting.
Motion
Mr. Foot moved to open nominations for Vice Chairman.
motion that passed unanimously.
Ms. Costantino seconded the
Mr. Foot nominated Ms. Costantino as Vice Chairperson. Mr. DeLiso nominated Ms.
Hammer as Vice Chairperson.
Motion
Mr. Foot moved to close nominations for Vice Chairman.
motion that passed unanimously.
Ms. Costantino seconded the
The Recording Secretary polled the vote. The vote for Vice Chairman was 4-2 in favor
of Ms. Costantino for Vice Chair, w/th Mr. Del/so and Mr. Rafk/n dissenting.
VIII. Foreclosures
There were no foreclosures.
IX. Adjournment
Since there was no further business before the Board, the meeting was duly adjourned
at 9:00 p.m.
Respectfully,
Susan Collins
Recording Secretary
(042103)
36
March 22, 2003
Mr. Peter J. Somera, Jr.
Glinn & Somera
One Boca Place, Suite 335W
Boca Raton, FL 33431
RE: Status of Pending Cases
Dear Peter:
I appreciate your help on the case with DC&F, however, I need immediate action taken
on the Maroone Chevrolet settlement by Monday or Tuesday. [fi don't get these funds
by the end of next week, I nm the risk of losing my home to the bank. Let us talk
Monday so that either you can get action taken or I have to take this on my own. I
understand you have other priorities but I need your help now ! This should be an open
and shut case, given Maroone's deception of me.
The other case relative to the $12,000 being held in escrow, it seems to me that you may
not know all the background on that case. So, we need to talk in more detail to solve this
case as well. You have a letter detailing all the history on this. I had talked to Kritsti at
the title company, she said the money would be available as soon as a settlement is
reached with the city of Boynton.
The third situation involves the Police Brutality case. You have all the information on
this. It seems to me there could be a substantial settlement with this. These kind of cases
involve no retainer, so I am just trying to figure out why I am not getting the time from
you that I need to settle this brutality suit Please let me know if you are not interested to
help me out on these matters, so that I am free to pursue it on my own.
Sincerely,
Andre St. Juste
561-737-8480
SAMUEL $. GOREN
KERRY L. EZROL
GOR£N' C~£ZOF' DO°DY & EzR°L' P'Ai i ~'~ J ~'FORT30 ~,~'LAUDERD^LE, ~^ $ '1' ^TTORN f~Y$ C OM.'~ t~ itc i^LSUtTi 2'00 AT FLORi'DA LAW ~OuL~ vA~.D 33308 COD[ ~ ~.~ ?~,,~ ~ r-,
TELEPHONE (954) 771-4500
FACSIMILE (05,4) 771-4923
JULIE F. KLAHR
L~NDSEY A [D~-yNE
DAVID N. TOLGES
MICHAEL J PAWELCZYK
April 11, 2003
VIA FACSIMILE ONLY
(561~ 832=5036
Bertram Shapero, Esq.
120 S. Olive Avenue, Suite 301
West Palm Beach, FL 33401
City of Boynton Beach ("City") / Code Compliance Board Case No. 1-2554
Marts Pejouhy
Dear Mr. Shapero:
This letter shall confirm receipt of your April 11, 2003 correspondence regarding the above-
referenced matter for which I thank you.
Following receipt of your correspondence, I forwarded your letter to Scott Blasic, Ce. lc
Compliance Administrator. After discussing the matter with ,Mr. Blasie, we agreed that while
there may have been a permit for some type of structure, the City cited Ms. Pejouhy for violating
Section 103.5 of the Standard Building Code due to hex failure to maintain the structure in a safe
manner. Section 103.5 reads as follows:
All buildings, structures, electrical, gas, mechanical or plumbing systems which
are unsafe, unsanitary, or do not provide adequate egress, or which constitute a
fire hazard, or axe otherwise dangerous to human life, or which in relation to
existing use, constitute a hazard to safety or health, are considered unsafe building
or service systems. Ail such unsafe buildings, sU'uctures or service systems are
hereby declared illegal and shall be abated by repair and rehabilitation or by
demotion in accordance with this Code.
A copy of the Notice of Violation and violation narrative is attached for your review.
Bertram Shapero, Esq.
April I 1, 2003
Page 2
Please be advised that the City will not be set aside any order in this case at this time. It will be
the Code Compliance Board's decision as to what further action to take when this case comes
back before the Code Compliance Board.
Thank you for your attention to this martex. If you have any fuxther questions or concerns, please
do not hesitate to call.
Sincerely,
DAVID N. TOLCES
Assistant City Attorney
DNT:dnt
\~JGCDE_FS~L~ISRARY~1990\900182.BB\LETTER~hapero Itt (l~ouhy).doc
cc: Scott Blasie, Code Compliance Administrator
DA'Ft': September 2f, M01 VIOLATJOP.' Ad)Ds tS2 Sg if'tn A~YE
COMPLIANC~ DATE:IO/'JS4)I l~q: ~3-4S-33~4~-~
NOTICe- OF VIOLATION
MARTA it PE.I~UR ~-
tS2 ~'a 2rrtl AVE
BoY~rf0N B~,kC~. r,,. ;)34J.SSZ40
561-742-6~20 ~
V~OLATTON D~TA.I L ~A~'E
CASE NUMBER
PRO ~9.1"~ ADDRESS
0] -00002~G4
152 SS 28TH AVE
VZOT.%TION: SBC ' 97 ED 103.5 Q~VU%'TITY:
DESCRIPTION: UNSAFE BX2)G OR SYSTEMS DATE: 9/25/01
ZA)CATION:
NARRATIVR :
ONPERMITT~D STRU~ ON I~ OF HOUSE. HOUSE REOUIRES
MAII~i~ANCE. OPeN ELECTRIC, HOL~S TN WALLS AN~ C~ILING$.
UNSANITARY CONDITIONS '/'~iROUGHO~T.
103.4.2 VIOLATION OF CM)E I)ROVIGION6. The buM~g amd-d n~y revoke a pem~ up(m
(Wen.inM~ by me b,.,ik~ag i ~,,a me ~ ~. almra~, r.p~r.
dumoMio~, inst~l~tkm, or repla~rmmt of tim I~ding,. s~__.~_ ~, ~ g,~s. mec, hanical or
103.5 UNSAFE ~ OR SYSTEMS
~~wi~~.~~r~~d~~e~~