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Minutes 08-20-03MINUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, AUGUST 20, 2003 AT 7:00 P.M. Present Chris DeLiso, Chairman Michelle Costantino, Vice Chair Robert Foot James Miriana Dave Rafkin Endco Rossi Kathy Cook, Alternate Absent David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Inspectors: Courtney Cox Luney Guillaume Skip Lewis Mike Melillo Vestiguerne Pierre Willie Webb Patti Hammer I. Call to Order Chairman DeLiso called the meeting to order at 7:00 p.m. II. Approval of Minutes - July 16, 2003 Motion Vice Chair Costantino moved to accept the minutes. Motion seconded by Mr. Miriana and unanimously carried. III. Approval of Agenda Inspector Lewis requested that the following changes be made to the agenda: Page Page Page Page Page Page Page Page Page Page Page Page 2 (Case 03-947), Jean B. Snow 3 (Case 03-1376), Roderick E. & Bridgette McClendon 4 (Case 03-1543), Michael A. & Patricia A. Arnette 5 (Case 03-1654), Jean T. Beauplan 6 (Case 03-1658), Alejandro J. Molina 8 (Case 03-1776), Sandra Dodge 10 (Case 03-1919), Arlen Leon 11 (Case 03-1921), Rodrigue Jeanniton 12 (Case 03-1968), Christian A. Hood 13 (Case 03-2054), Ft. Mortgage Companies 15 (Case 03-1003), Linda Giovinazzo 17 (Case 03-1360), Johnny Marcandy complied complied complied removed removed removed complied complied complied removed removed complied MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20~ 2003 Page 18 (Case Page 22 (Case Page 24 (Case Page 25 (Case Page 27 (Case Page 28 (Case Page 32 (Case Page 33 (Case Page 37 (Case Page 38 (Case Page 42 (Case Page 45 (Case Page 48 (Case Page 49 (Case Page 51 (Case Page 52 (Case Page 53 (Case Page 54 (Case Page 55 (Case Page 56 (Case 03-1386), 03-1652), 03-1871 ), 03-1874), 03-1969), 03-1972), 03-1737), 03-1865), 03-2136), Lucille Galiana Jocelyn Maurice Michael T. Sr. & Ingrid T. Evans Eugenia Olavarria Mateo P. Jose Mary I. Palenque Christine M. & Robert J. Manze David Rodriguez Woolbright Corp. Center LLC. 03-1895), Rosetta J. Dean 03-839), Abena Enterprises, Inc. 03-1759), Deliverance Evangelistic Temple 03-1887), Tommy Jonas 03-558), Dede B. Sr. & Cecilia Bailey 03-899), John D. Frazier 03-1118), Rue P. Gray 03-1141), Palm Beach County Housing Authority 03-1255), Lord's Place Inc. 03-1604), McCobee Cross 03-1705), Dieula Joseph & Paulson Lexis removed removed complied complied removed removed complied complied removed removed removed closed removed removed removed complied complied removed complied complied Motion Vice Chair Costantino moved to approve the agenda, as amended. Motion seconded by Mr. Foot and unanimously carried. IV. Swearing in of Witnesses and Introduction Inspector Lewis called the roll. Chairman DeLiso explained the plea system, after which the Recording Secretary administered the oath to all persons who would be testifying. V. New Business A. Cases to be Heard Case #03-1753: Property Address: Violation(s): Alexandra Karl Trustee 801 SE 4th Street Chapter 15, Article IX-15-120 (E) 2A; Please paint house and fascia boards Inspector Cain presented the case and stated that the property was originally cited on June 10, 2003. The violation was discovered through a neighbor's complaint and service was accomplished by certified mail. 2 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Alexandra Karl, 16266 Apricot Way, Delray Beach, Florida, pled no contest and asked for 45 days. Motion Based on the testimony and evidence presented in Case No. 03-1753, Vice Chair Costantino moved that this Board find that Alexandra Kad, Trustee, is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (E)2A, and moved to order that the Respondent correct the violations on or before October 4, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violation by the 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 October 4, 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. Motion seconded by Mr. Foot and unanimously carried. Case #03-1834: Property Address: Violation(s): Armenian Cultural Association of America West Boynton Beach Boulevard Section 10-2 B.B.C. of Ord. Mow grass, weeds and brush 50' from property line. Remove all trash and Florida Holly. Cut tree bottoms to form a canopy by removing lower limbs Inspector Melillo presented the case and explained that the property was a vacant lot on West Boynton Beach Boulevard west of NW 10th Court. The case was originally cited on June 19, 2003 through a neighborhood complaint, as well as a complaint from the Police Department. Service was accomplished by certified mail. Vahram Danialian, representing the Armenian Cultural Association requested 45 days for compliance. The respondent explained that they are in the process of building on the property and have presented plans to the City and are waiting approval. Motion Based on the testimony and evidence presented in Case No. 03-1834, Vice Chair Costantino moved that this Board find that the Armenian Cultural Association of America is in violation of the City of Boynton Beach Code Sections 10-2, and moved to order that the Respondent correct the violations on or before October 4, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 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 October 4, 2003. The Respondent is further ordered to contact the City of Boynton Meeting Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #03-387: Property Address: Violation(s): Catalina Shoppes FLA, LLC Boston Market 1797 N. Congress Avenue Florida Building Code '01 Edition 105.6; Failure to complete mechanical inspection; See copy of red tag dated January 21, 2003 Inspector Melillo stated that the property was originally cited on February 7, 2003 and service was made by certified mail. Mike Williamson, 9161 Northwest 11th Court, Plantation, Florida, area manager for Boston Market, stated that it was Boston Market that was being cited. Mr. Williamson pled no contest and asked for 30 days, to which the City agreed. Motion Based on the testimony and evidence presented in Case No. 03-387, Vice Chair Costantino moved that this Board find that Catalina Shoppes FLA, LLC and Boston Market are in violation of the Florida Building Code '01 Edition 105.6, and moved to order that the Respondent correct the violations on or before September 19, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 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 September 19, 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. Motion seconded by Mr..Miriana and unanimously carried. Case ;~)3-1679: Property Address: Violation(s): Ida M. White Estate 414 NW 4th Avenue Chapter 15, Article IX-15-120 (D), Inc.; Please remove all unregistered/inoperable vehicles from backyard. Also, remove trash and debris, including auto parts; sod bare spots Inspector Pierre stated that the case was originally cited on January 2, 2003 and the violation was discovered through routine inspection. 4 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Kathy Stiles, 414 NW 4th Avenue, Boynton Beach, daughter of Ida M. White, pled no contest. Ms. Stiles requested 45 days for compliance. Inspector Pierre stated that the trash, automotive parts and debris should be removed as soon as possible and suggested 10 days. Motion Based on the testimony and evidence presented in Case No. 03-1679, Mr. Foot moved that this Board find that Estate of Ida White is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc., and moved to order that the Respondent correct the violation as to debris, trash and automobile parts and engine on or before August 30, 2003 and the remaining violations on or before October 4, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 August 30, 2003 and October 4, 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. Motion seconded by Mr. Rafkin and unanimously carried. Case #03-1856: Property Address: Violation(s): Ella Wilfork 528 NW 13th Avenue Chapter 15, Article IX-15-120 (D), Inc.; Remove all unregistered/inoperable vehicles from backyard, including boats and tires Inspector Pierre stated that the property was originally cited on July 23, 2003 and the violation was discovered through a neighborhood complaint. John Wright, 528 NW 13th Avenue, Boynton Beach, was present for his sister, Ella Wilfork. Mr. Wdght stated that he removed all the vehicles today and requested that Inspector Pierre return to the property to inspect it. Mr. Wdght further stated that he has cleaned the property and removed the tires. He expects that the City will pick up the leaves on Friday. Chairman DeLiso requested that the respondent be given ten days to allow time for inspection. Motion Based on the testimony and evidence presented in Case No. 03-1856, Vice Chair Costantino moved that this Board find that Ella Wilfork is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc., and moved to order that the Respondent correct the violations on or before August 30, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondent Meeting Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 and any previous violation by the 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 August 30, 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. Motion seconded by Mr. Miriana and unanimously carried. Mr. Foot requested that the Board be informed whenever a repeat violator appears before the Board. Case #03-1768: Property Address: Violation(s): Shadd Vickery 660 Las Palmas Park Drive Boynton Beach Amendments to the Florida Building Code '01 Edition 104.1.1 and 104.7.5; Davits installed prior to issuance of permit. See copy of "red tag" dated June 11, 2003 Inspector Webb stated that the property was originally cited on June 12, 2003. Service was obtained by posting. Shadd Vickery, 660 Las Palmas Park Drive, Boynton Beach, pled no contest and asked for 90 days. Mr. Vickery stated that he is in the process of applying for a dock and lift permit and has made application for a permit to the DEP and has discussed his plans with the Building Department. Motion Based on the testimony and evidence presented in Case No. 03-1768, Vice Chair Costantino moved that this Board find that Shadd Vickery is in violation of the City of Boynton Beach Amendments to the Florida Building Code '01 Edition 104.1.1 and 104.7.5, and moved to order that the Respondent correct the violation on or before November 18, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 November 18, 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. Motion seconded by Mr. Miriana and unanimously carried. VI. Old Business A. Lien Penalty Certifications (postponed) 6 MeeUng Minutes Code Compliance Board Boynton Beach, Florida Aug-_~ 20, 2003 Case #03-378 Josephine Daffin 315 NW 10th Avenue Inspector Pierre stated that the property was cited on February 7, 2003 for having trash, debris and unregistered and inoperable vehicles in the yard; and the yard needed sod. No one appeared at the Code Compliance Board Hearing on March 19, 2003. A compliance date of April 18, 2003 was set or be fined $50.00 per day. The property complied on August 18, 2003 for 121 days of non-compliance. Joseph Daffin, 315 NW 10th Avenue, Boynton Beach, appeared at the podium. Chairman DeLiso asked Ms. Daffin why it took her an extra 121 days to bring the property into compliance. She responded that she had difficulty buying sod and one of her family members purchased it for her. When the car was removed, she was in a rehab facility. Inspector Pierre presented photos taken today to the respondent and then to the Board. Chairman DeLiso asked the respondent if the tree had been cut down and she stated that her cousin cut the tree down for her. Members acknowledged that the property looked greatly improved. Motion Based on the testimony and evidence presented in Case No. 03-378, Mr. Rafkin moved that this Board find that the Respondent, Josephine Daffin, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc., subsequent to the date of compliance specified in this Board's Order of March 19, 2003, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0. Motion seconded by Mr. Rossi. Mr. Foot recommended that the motion be amended to fine the respondent $250. Inspector Pierre stated that the respondent could not afford to pay this amount and that she had to get assistance to bring the property into compliance. Mr. Rafkin did not wish to amend his motion. Vote Motion carried 7-0. Cases to be Heard Case #03-1144 Property Address: Violation(s): Annette Harrell 391 NE 28th COUrt Chapter 15, Article IX-15-120 (D) .lA; Please replace or take down the fence. Storage of Meeting Minutes Code Compliance Board Boynton Beach, Florida August 20~ 2003 unlicensed and inoperable vehicles is not allowed on residential property Inspector Guillaume stated that the property was cited on April 10, 2003. The violation was discovered as the result of a complaint and service was accomplished by certified mail. Annette Harrell, 391 NE 28th COUrt, Boynton Beach assumed the podium, and the Recording Secretary administered the oath to Ms. Harrell. Ms. Harrell pled guilty and requested 30 days to repair a small portion of the fence. Motion Based on the testimony and evidence presented in Case No. 03-1144, Mr. Foot moved that this Board find that Annette Harrell is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) .lA, and moved to order that the Respondent correct the violation on or before August 30, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 August 30, 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. Motion seconded by Vice Chair Costantino and carried 4-3 (Chairman DeLiso and Messrs. Miriana and Rafkin dissenting). Case #02-3163 Property Address: Violation(s): F.H. Nelson and Carmen M.I. Lopez 2609 W. Woolbright Road PT3-LDR, Chapter 7.5-1, Section 5.A and Article II, Section 4-B, Inc. Trees on property improperly trimmed and must be removed. A permit is required for removal. Replace trees per Kevin Hallahan, Forrester Environmental Specialist Inspector Melillo stated that the case was originally cited on December 11,2002 through a complaint from the City Manager. Service was accomplished by certified mail and the City recommends September 19, 2003 as the compliance date. Mr. Foot requested to look at the pictures, which Inspector Melillo presented. Motion Based on the testimony and evidence presented in Case No. 02-3163, Vice Chair Costantino moved that this Board find that F.H. Nelson and Carmen M.I. Lopez are in 8 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 violation of PT3 of the Land Development Regulations, Chapter 7.5-1, Section 5.A and Article II, Section 4-B, Inc., and moved to order that the Respondents correct the violations on or before September 19, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the 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 September 19, 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. Motion seconded by Mr. Miriana and unanimously carried. Case #03-821 Property Address: Violation(s): Melissa A. Roy 3211 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) 1, Inc. and FBC '01 ED 3401.6; To eliminate creating an attraction for insects or to place in jeopardy the health, safety and welfare of the citizens of the City, the pool shall be maintained in a safe and sanitary condition. Replace wood fence. Also, please mow and de-weed. Install sod in the dead areas of yard and swale. Inspector Guillaume stated that the case was originally cited on March 20, 2003 and the City recommends September 19, 2003 as the compliance date. Inspector Guillaume stated that the pool has been cleaned. Motion Based on the testimony and evidence presented in Case No. 03-821, Vice Chair Costantino moved that this Board find that Melissa A. Roy is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) 1, Inc. and FBC '01 Edition 3401.6, and moved to order that the Respondent correct the violation on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 19, 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. Motion seconded by Mr. Midana and unanimously carried. Case #03-1388 Property Address: Evelyn W. Miles 3313 Grove Road 9 Meeting Hinutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please install sod in dead areas of yard and swale Inspector Guillaume stated that the case was originally cited on April 30, 2003. The City recommends September 19, 2003 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 03-1388, Mr. Foot moved that this Board find that Evelyn W. Miles is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) 1, Inc. and moved to order that the Respondent correct the violation on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 19, 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. Motion seconded by Vice Chair Costantino and unanimously carried. Case ~03-1389 Property Address: Violation(s): Evelyn W. Miles 3315 Grove Road Chapter 15, Article IX-15-120 (D) 1, Inc. Please install sod in the dead areas of yard and swale Inspector Guillaume stated that the case was originally cited on April 30, 2003. The City recommends September 19, 2003 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 03-1389, Mr. Foot moved that this Board find that Evelyn W. Miles is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) 1, Inc. and moved to order that the Respondent correct the violation on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 19, 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. Motion seconded by Vice Chair Costantino and unanimously carried. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Case #03-1639 Property Address: Violation(s): Marjorie S. Roberson Tr. 350 NE 28th Court Chapter 15, Article IX-15-120 (D) 1, Inc. Please install sod in the dead areas of yard Inspector Guillaume presented the case and stated that the property was cited on May 27, 2003. The City recommends a compliance date of September 19, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1639, Mr. Foot moved that this Board find that Marjorie S. Roberson Tr. is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) 1, Inc. and moved to order that the Respondent correct the violation on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 19, 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. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03.1733 Property Address: Violation(s): Paul and Mary Savage 2650 NW 1st Street Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 13-16 B.B.C. of Ord. Every rental unit used for residential purposes in the City must be licensed. Mow and de-weed yard; install sod in the dead areas of yard; remove all unlicensed and inoperable vehicles. Inspector Guillaume presented the case. The property was cited on June 5, 2003 and the City recommends a compliance date of September 19, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1733, Mr. Foot moved that this Board find that Paul and Mary Savage are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) 1, Inc. and Section 13-16 and moved to order that the Respondents correct the violation on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violation by the Respondents, and hereby orders that if MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20f 2003 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 September 19, 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. Motion seconded by Mr. Miriana and unanimously carried. Case #03-1914 Property Address: Violation(s): Juan Portalatin 10 NE 22nd Avenue Chapter 15, Article IX-15.120 Install sod in your yard. (D) 1, Inc. Inspector Guillaume presented the case. The property was cited on June 26, 2003 and the City recommends a compliance date of September 19, 2003. Inspector Guillaume noted that this was a repeat violator. Motion Based on the testimony and evidence presented in Case No. 03-1914, Mr. Foot moved that this Board find that Juan Portalatin is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) 1, Inc. and moved to order that the Respondent correct the violation on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 19, 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. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-1825 Property Address: Violation(s): Evelyn Harris Tr. 112 SE 8th Avenue Chapter 15, Article IX-15-120 (D) Inc. Please remove entire wooden fence from property; fence cannot be stored in carport. Inspector Cain presented the case. The property was originally cited on June 18, 2003 and the City recommends a compliance date of September 4, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1825, Vice Chair Costantino moved that this Board find that Evelyn Harris Tr. is in violation of the City of 12 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) Inc. and moved to order that the Respondent correct the violation on or before September 4, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 4, 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. Motion seconded by Mr. Miriana and unanimously carried. Case #03-1130 Property Address: Violation(s): R&B Ventures, Inc. 1609 S. Congress Avenue PT 3-LDR, Chapter 4, Section 11 and PT3- LDR, Chapter 7.5-11, Section 5.B; Restore property to comply with site plan filed with the City. Replace all missing or dead plant materials and trees. Restripe parking lot; paint building. Inspector Melillo presented the case. The property was originally cited on April 10, 2003. The City recommends September 19, 2003 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 03-1130, Mr. Foot moved that this Board find that R&B Ventures, Inc. is in violation of PT3 - LDR, Chapter 4, Section 11 and PT3 - LDR, Chapter 7.5.11, Section 5.B and moved to order that the Respondent correct the violation on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 19, 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. Motion seconded by Vice Chair Costantino and unanimously carded. Case ~:)3-1941 Property Address: Violation(s): Daniel R. Fuchs 329 NW 7th Court Florida Building Code '01 Edition, 104.1.1 and 105.6; See copy of "red tag" from Building Department. Permit and inspections are required for carport enclosure. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Inspector Melillo presented the case. The property was originally cited on June 26, 2003 and the City recommends a compliance date of September 19, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1941, Vice Chair Costantino moved that this Board find that Daniel R. Fuchs is in violation of the Florida Building Code '01 Edition, 104.1.1 and 105.6 and moved to order that the Respondent correct the violation on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 August 30, 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. Motion seconded by Mr. Miriana and unanimously carried. Case #03-1995 Property Address: Violation(s): Peter Versakos 1437 SW 25th Place, Unit A Florida Building Code '01 Edition, 105.6; Inspections required for re-roof. See copy of "red tag". Inspector Melillo presented the case. The property was originally cited on July 7, 2003 and the City recommends a compliance date of August 30, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1995, Vice Chair Costantino moved that this Board find that Peter Versakos is in violation of the Florida Building Code '01 Edition, 105.6 and moved to order that the Respondent correct the violation on or before August 30, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 19, 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. Motion seconded by Mr. Foot and unanimously carried. Case #03-2077 Property Address: Violation(s): 1325 Gatew_ay LLC 1325 NW 22"~ Avenue Florida Building Code '01 Edition, 104.1.1, 105.6 and PT3-LDR, Chapter 21 ]:, Section 5, Boynton Beach Amendments FBC '01 14 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 104.7.5; Sign permit required; construction trailer requires a permit. Secure permits and applicable inspections. See copy of "red tags" dated July 10, 2003. Inspector Melillo presented the case. The property was originally cited on July 11, 2003 and the City recommends a compliance date of September 19, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2077, Vice Chair Costantino moved that this Board find that 1325 Gateway LLC is in violation of the Florida Building Code '01 Edition, 104.1.1, 105.6 and PT3-LDR, Chapter 21 I, Section 5, BBA, FBC '01, 104.7.5 and moved to order that the Respondent correct the violation on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 19, 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. Motion seconded by Mr. Foot and unanimously carried. Case #03-1955 Property Address: Violation(s): Eleanor Mastroianni 103 NE 4th Avenue Florida Building Code '01 Edition, 104.1.1, and 104.6.2. Interior remodeling without a permit. You must secure a permit and call for all permit inspections. Inspector Lewis presented the case. The property was originally cited on June 30, 2003 and the City recommends a compliance date of September 19, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1955, Vice Chair Costantino moved that this Board find that Eleanor Mastroianni is in violation of the Florida Building Code '01 Edition, 104.1.1 and 104.6.2 and moved to order that the Respondent correct the violations on or before September 19, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation by the 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 September 19, 2003. The Respondent is further ordered to contact the City of Boynton Beach Code 15 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Rafkin and unanimously carried. Case #03-1344 Property Address: Violation(s): Dhanel Faustin 171 SE 29th Avenue Florida Building Code '01 Edition, 104.1.1, and 105.6. Please apply for and receive a building permit for the new window installation. Inspections required. Inspector Lewis presented the case. The property was originally cited on April 29, 2003 and the City recommends a compliance date of October 19, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1344, Vice Chair Costantino moved that this Board find that Dhanel Faustin is in violation of the Florida Building Code '01 Edition, 104.1.1 and 105.6 and moved to order that the Respondent correct the violations on or before October 19, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 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 October 19, 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. Motion seconded by Mr. Midana and unanimously carried. Case #03-1851 Property Address: Violation(s): Fontana Plaza, Ltd. - Mail & More 3653 S. Federal Highway Florida Building Code '01 Edition, 103.5. Unsafe buildings; leaking roof, causing fire in lighting fixture. See copy of "red tag" dated June 16, 2003. Inspector Lewis presented the case. The property was originally cited on June 6, 2003 and the City recommends a compliance date of August 30, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1851, Vice Chair Costantino moved that this Board find that Fontana Plaza, Ltd - Mail & More are in violation of the Florida Building Code '01 Edition 103.5 and moved to order that the Respondent correct the violations on or before August 30, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 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 August 30, 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. Motion seconded by Mr. Rafkin and unanimously carried. Case #03-1106 Property Address: Violation(s): Gracie M. Denson 220 NW 6th Avenue Chapter 15, Article IX-15-120 (D), Inc.; Sod west side of driveway and remove unregistered/inoperative vehicle in backyard. Inspector Pierre presented the case. The property was originally cited on April 8, 2003 and the City recommends a compliance date of September 19, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1106, Mr. Foot moved that this Board find that Gracie M. Denson is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. and moved to order that the Respondent correct the violations on or before September 19, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 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 September 19, 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 vedfy compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-1855 Property Address: Violation(s): Jeannie L. Nixon 543 NW 11th Avenue Chapter 15, Article IX-15-120 (D), Inc. and FBC '01 Edition 104.1.1. A permit is required for your canopy. Obtain a permit or remove it. Also, remove all unregistered/inoperative vehicles. Inspector Pierre presented the case. The property was originally cited on June 23, 2003 and the City recommends September 4, 2003 as the compliance date. 17 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Motion Based on the testimony and evidence presented in Case No. 03-1855, Mr. Foot moved that this Board find that Jeannie L. Nixon is in violation of the Florida Building Code '01 Edition 104.1.1 and Chapter 15, Article IX-15-120 (D), Inc. of the City of Boynton Beach Code and moved to order that the Respondent correct the violations on or before September 4, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 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 September 4, 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. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-757 Property Add ress: Violation(s): B.J. & Jacqueline S. Fitzpatrick 1627 NE 2nd Street Chapter 15, Article IX-15-120 (D) 1, Inc., and Sections 13-16 and 15-16 B.B.C. of Ord. An occupational license is required for rental property. House number also is required. Sod yard and swale; repair fence. Inspector Webb presented the case. The property was originally cited on March 12, 2003 and the City recommends a compliance date of September 19, 2003. The respondents are repeat violators. Motion Based on the testimony and evidence presented in Case No. 03-757, Mr. Foot moved that this Board find that B.J. and Jacqueline $. Fitzpatrick are in violation of the City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1, Inc. and Sections 13- 16 and 15-16 B.B.C. of Ord. and moved to order that the Respondents correct the violations on or before September 19, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents, and hereby orders that if the Respondents do 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 September 19, 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. Motion seconded by Vice Chair Costantino and unanimously carded. Case #03-1721 Property Address: Clarence & Eula Johnson 204 NE 14th Avenue 18 Heeting Hinutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc., Please remove inoperable and unregistered vehicle and sod bare areas in yard and swale Inspector Webb presented the case. The property was originally cited on June 6, 2003 and the City recommends a compliance date of September 19, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1721, Vice Chair Costantino moved that this Board find that Clarence and Eula Johnson are in violation of the City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1, Inc. and moved to order that the Respondents correct the violations on or before September 19, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the 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 September 19, 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. Motion seconded by Mr. Miriana and unanimously carried. Case #03-1745 Property Address: Violation(s): Marie & Mereste Lubin 2181 N. Seacrest Boulevard Chapter 15, Article IX-15-120 (D) 1, Inc. Please sod all bare areas in front side property and remove all loose trash and debris Inspector Webb presented the case. The property was originally cited on June 10, 2003 and the City recommends September 19, 2003 as a compliance date. Motion Based on the testimony and evidence presented in Case No. 03-1745, Mr. Foot moved that this Board find that Marie and Mereste Lubin are in violation of the City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1, Inc. and moved to order that the Respondents correct the violations on or before September 19, 2003. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the 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 September 19, 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 19 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. VI. Old Business Lien Penalty Certifications The City recommends no fine in the following cases that have complied: Page 62, Case #03-715 Page 63, Case #02-2852 Page 67, Case #03-786 Page 68, Case #03-1249 Page 69, Case #02-2951 Page 71, Case #03-590 Page 72, Case #03-724 Kathleen A. Romeo Victor L. Cook Anthony J. and Patdcia M. Dolphin Boynton 12 Investments Eric G. Peterson Trescia M. Green Patricia A. Moulton Case #03-715 Kathleen A. Romeo 303 SW 7th Street Motion Based on the testimony and evidence presented in Case No. 03-715, Mr. Foot moved that this Board find that the Respondent, Kathleen A. Romeo, was in violation of the Florida Building Code '01 Edition 1.4.6 and 1.4.5, subsequent to the date of compliance specified in this Board's Order of May 21, 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 $0 fine, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #02-2852 Victor Cook 654 W. Ocean Ave. Motion Based on the testimony and evidence presented in Case No. 02-2852, Mr. Foot moved that this Board find that the Respondent, Victor Cook, was in violation of the Standard Building Code '94 Edition 104.1.1, subsequent to the date of compliance specified in this Board's Order of April 16, 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 $0 fine, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. 2O MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20~ 2003 Case #03-786 Anthony J. & Patricia M. Dolphin 1512 NE 2nd Ct. Based on the testimony and evidence presented in Case No. 03-786, Mr. Foot moved that this Board find that the Respondents, Anthony J. and Patricia M. Dolphin, were in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) 1, Inc., subsequent to the date of compliance specified in this Board's Order of May 21, 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 $0 fine, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carded. Case #03-1249 Boynton 12 Investments 208 SE 12th Avenue Motion Based on the testimony and evidence presented in Case No. 03-1249, Mr. Foot moved that this Board find that the Respondent, Boynton 12 Investments, was in violation of the Florida Building Code '01 Edition 106.1.2, subsequent to the date of compliance specified in this Board's Order of June 18, 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 $0 fine, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #02-2951 Eric G. Peterson 430 Hoadley Road Motion Based on the testimony and evidence presented in Case No. 02-2951, Mr. Foot moved that this Board find that the Respondent, Eric G. Peterson, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX, 15.120 (D), Inc. and Section 20-6 of the B.B.C. of Ord., subsequent to the date of compliance specified in this Board's Order of July 16, 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, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-590 Trescia M. Green 807 NE 2nd Court Motion Based on the testimony and evidence presented in Case No. 03-590, Mr. Foot moved that this Board find that the Respondent, Trescia M. Greene, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX, 15.120 (D) 1, Inc., subsequent 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 to the date of compliance specified in this Board's Order of May 21, 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, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-724 Patricia A. Moulton 907 N. Federal Highway Motion Based on the testimony and evidence presented in Case No. 03-724, Mr. Foot moved that this Board find that the Respondent, Patdcia A. Moulton, was in violation of the City of Boynton Beach Amended Code 105.11, subsequent to the date of compliance specified in this Board's Order of May 21, 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 $0 fine, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. The City recommends tabling the following cases until September 17, 2003: Page 65, Case #02-3104 Page 66, Case #03-386 Page 73, Case #03-596 Page 74, Case #03-790 Davila & Mildred A. Josell Montalan J. Thermitus Jean L. & Kethlie St. Fort Augstin LeJan Case #02-3104 Davila & Mildred A. Josell 3616 SE 1st Street Motion Vice Chair Costantino moved that Case No. 02-3104 be tabled until the Code Compliance Board Meeting to be held on September 17, 2003. Motion seconded by Mr. Rafkin and unanimously carried. Case #03-386 Montalan J. Thermitus 1441 NW 3rd Street Motion Vice Chair Costantino moved that Case No. 03-386 be tabled until the Code Compliance Board Meeting to be held on September 17, 2003. Motion seconded by Mr. Rafkin and unanimously carried. 22 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 Case #03-596 Jean L. & Kethlie St. Fort 176 SE 28th COUrt Motion Vice Chair Costantino moved that Case No. 03-596 be tabled until the Code Compliance Board Meeting to be held on September 17, 2003. Motion seconded by Mr. Rafkin and unanimously carded. Case #03-790 Augstin LeJan 1520 NE 2nd COUrt Motion Vice Chair Costantino moved that Case No. 03-790 be tabled until the Code Compliance Board Meeting to be held on September 17, 2003. Motion seconded by Mr. Rafkin and unanimously carried. The City recommends that the fine in the following case (page 60) be certified at $150 per day: Case #03-875 Fontana Plaza, Ltd. 3629 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case No. 03-875, Vice Chair Costantino moved that this Board find that the Respondent, Fontana Plaza, Ltd., has not complied with this Board's Order dated May 21, 2003, 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 $150 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rafkin and unanimously carried. The City recommends that the fine in the following case (page 64) be certified at $50 per day: Case #03-800 Susan Y. Kee 720 NW 10th Court Motion Based on the testimony and evidence presented in Case No. 03-800, Vice Chair Costantino moved that this Board find that the Respondent, Susan Y. Kee, has not complied with this Board's Order dated May 21, 2003, 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 $50 per day, plus administrative costs, which shall continue to accrue until 23 MeeUng Minutes Code Compliance Board Boynton Beach, Florida August 20, 2003 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rafkin and carried 6-1 (Ms. Cook abstaining). The City recommends that the fine in the following case (Page 70) be certified at $25 per day: Case #01-3431 Ralph Rosie, Inc. 2007 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case No. 01-3431, Vice Chair Costantino moved that this Board find that the Respondent, Ralph Rosie, Inc., has not complied with this Board's Order dated January 15, 2003, 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 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rafkin and unanimously carried. Foreclosums Mr. Foot moved to authorize the City Attorney to proceed on foreclosures as listed below. Vice Chair Costantino seconded the motion that unanimously carded. Venetrice A. Jackson Alfred E. and Beverly F. Parker Robert & Matthieu Dorsainvil Case CK)2-2200 Case #02-2812 Case #02-2856 VII. Items for Discussion None VIII. Adjournment There being no further business, the meeting propedy adjourned at 8:10 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (August 22, 2003) 24