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Minutes 09-17-03MINUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, SEPTEMBER 17, 2003 AT 7:00 P.M. Present Chris DeLiso, Chairman Robert Foot Patti Hammer James Miriana Enrico Rossi Kathleen Carroll, Altemate Kathy Cook, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Inspectors: Courtney Cox Luney Guillaume Skip Lewis Richard Laverdure Mike Melillo Pete Roy Willie Webb Absent Michelle Costantino, Vice Chair Dr. Dave Rafkin I. Call to Order Chairman DeLiso called the meeting to order at 7:00 p.m. II. Approval of Minutes - August 20, 2003 Mr. Foot pointed out that the minutes do not reflect that Board Member, Dave Rafkin is a doctor and that Dr. Rafkin should be afforded the appropriate title of doctor. Mr. Foot requested that the minutes be corrected accordingly. On Page 8, it states that the respondent "pled guilty" and Mr. Foot's notes indicated that she pled "no contest." Motion Mr. Foot moved to accept the minutes, as amended. Motion seconded by Ms. Hammer and unanimously carried. III. Approval of Agenda Mr. Blasie pointed out that one of the cases involved testimony by City staff and requested that Case #03-1160, Page 39, be moved up and heard first. Chairman DeLiso introduced the new Alternate, Ms. Kathleen Carroll. Inspector Roy requested that the following changes be made to the agenda: Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Page 1 (Case 03-1308), Michael E. Francis Page 2 (Case 02-3221), Guy Estrella complied tabled Motion Mr. Foot moved that Case No. 02-3221 be tabled until the Code Compliance Board meeting to be held on December 17, 2003. Motion seconded by Ms. Hammer and unanimously carried. Page 3 (Case 01-3526), Anne E. Hoque removed Page 6 (Case 03-1765), Chadeane R. Springer removed Page 9 (Case 03-2051), William G. Taylor complied Page 12 (Case 03-1849), Raymond Cedieu removed Page 14 (Case 03-1981), Josie R. Beane removed Page 15 (Case 03-1983), Pedro Chadez removed Page 16 (Case 03-1987), Serrano Nelson removed Page 23 (Case 03-1808), Wilfrido Cruz complied Page 24 (Case 03-2147), Fontana Plaza, Ltd. complied Page 28 (Case 03-2141), Michael V. Barbera complied Page 30 (Case 03-1221), Michael L. Adair removed Motion Ms. Hammer moved to approve the agenda, as amended. Motion seconded by Mr. Foot' and unanimously carried. IV. Swearing in of Witnesses and Introduction Inspector Roy called the roll. Chairman DeLiso explained the plea system, after which the Recording Secretary administered the oath to all persons who would be testifying. VI. Old Business (Heard out of Order) Case #03-1160 DSS Properties 728 Casa Loma Blvd. Mr. Blasie presented the case on behalf of the City and introduced Don Johnson, Building Official,-and Nancy Byme, Assistant Development Director. Mr. Blasie explained that Mr-. Johnson and Ms. Byrne were present tonight at the request of the Board as a result of discussion that took place at the July hearing, when the case was tabled to this meeting. One of the reasons that the case was tabled was to allow the respondent an opportunity to come back to the Board to give a progress report. The case was originally cited on April 11, 2003 for numerous violations of the Building Code and mainly that a restaurant is doing business without a Certificate of Occupancy 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 (C.O.). Ms. Skaggs appeared at the May 21, 2003 hearing. A compliance date of June 20, 2003 was set or be fined $25 per day. The violation still exists and Mr. Blasie emphasized that there is a business operating without a C.O. Nancy Byrne, Assistant Development Director, explained that she assisted Two Georges Restaurant over one year ago to get their temporary C.O. and today she is before the Code Board to request that the fine be certified. Ms. Byrne distributed a matrix of the permitting process for Two Georges and reported that one of the permits was picked up today by the contractor. Ms. Byrne also distributed a copy of a letter dated August 12, 2003 to Mr. Steve Skaggs. The letter states that one of the conditions of the amended Mediation Agreement between the City, the Marina Developer and Two Georges, requires Two Georges, upon completion of the deck expansion of the restaurant, to provide offsite parking to meet that additional impact. This is also a condition of one of their permits and the City is holding the permit for the deck until the parking lot is built and has received its final inspection. Because the City will not release the permit for the deck, the respondents must bring the restaurant into full compliance before a C.O. can be issued. Ms. Byrne further pointed out that the permit for the parking lot was ready on August 19~ and she was hoping that she would be able to come before the Board tonight to inform the Board that the parking lot is under construction. However, this is not the case. The contractor only picked up the parking lot permit today and, therefore, will not receive the permit for the deck to complete the C.O., until the parking lot is done. Steve Skaggs, 728 Casa Loma Boulevard, Boynton Beach, stated that he signed a contract on August 8, 2003 with All Rite Paving to put in the parking lot, which was prior to the permit being ready. As soon as the permit was ready, the drawings were started and completed and the parking lot is getting underway. Mr. Skaggs stated that he faxed Ms. Byrne a schedule of construction for the parking lot. They have a completion date for the parking lot of November 26, 2003 and will begin clearing the land on Monday. Ms. Byrne acknowledged that she had received a copy of the timeframe. Chairman DeLiso asked where the actual parking lot would be located and was informed it would be on SE 1st Avenue. Ms. Byrne pointed out that the amended Mediation Agreement was signed in April 2000 and a temporary C.O. was given Two Georges on March 15, 2002. Ms. Byrne noted that the respondents were well aware of the parking lot requirements. Ms. Hammer asked the respondent why it took so long for them to get their plans drawn. Mr. Skaggs stated that originally they planned to put in a temporary parking lot on that site, which would be made into a permanent parking lot. He thought that the original set of plans was submitted before June 2003, which Ms. Byrne confirmed. Ms. Byrne further noted that the amended Mediation Agreement calls for a temporary parking lot for the duration of the construction of Casa Loma Boulevard. The amended Mediation Agreement contemplated that once the deck was finalized, there would be a permanent parking lot in place. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Bill Skaggs, Jr., co-owner of Two Georges, explained the problems that they had with the initial contractor. They have since changed contractors and that has cost them a great deal of money and they now have a new signed i;ontract. He felt if they had not had all these problems with their previous contractor, they would not be in the position they are in today. Chairman DeLiso pointed out that the City is asking that the fine be certified tonight and Mr. Skaggs requested that they be given more time. He offered to come back to the Board to report on their progress. He stated that they are working as hard as they can to get everything done. Chairman DeLiso pointed out that until the issue was brought before the Code Board, nothing was done to speed the progress of the parking lot. Chairman DeLiso felt that the Development Department has gone above and beyond to help the respondents and they have not cooperated. Ms. Skaggs pointed out that this is not a regular parking lot and will require infrastructure, lighting, electrical, plumbing and will cost around $200,000. Chairman DeLiso inquired if the respondents tried to meet with Ms. Byrne to work things out so that the matter never got to this Board. Mr. Skaggs stated that they not only met with Ms. Byrne, they also met with the City Manager. Ms. Byrne responded that all the parties met with the City Manager today at 3:00 p.m. The respondents requested that the parking lot not be a condition of the C.O., which is contrary to the Mediation Agreement, which is a court ordered agreement. It is the City's position that the City does not have the ability to waive the parking lot requirement and Mr. Bressner agreed with this. Also, the City Attorney has confirmed this twice. The City wants the parking lot built before the C.O. is issued. Mr. Skaggs reiterated that they will build a parking lot, but they cannot do it overnight and they offered to put up a bond, which was not acceptable. Had they been allowed to put up a bond, they could have gotten their C.O. and only putting in the parking lot would remain. Ms. Byrne explained that the City is preparing an amendment to the amended Mediation Agreement that will be going before the CRA sometime in October. At that time, the parking on Casa Loma Boulevard will be reconfigured to be private parking for Two Georges and the Marina town homes, and public parking spaces on the street. In addition to this, Two Georges is requesting an additional 35 private parking spaces in the garage that will be funded by the CRA. This will be used to accommodate patrons for Marina use in general. Mr. Skaggs requested an additional 30 days and they would come back to the Board and provide a progress report. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Motion Ms. Hammer moved that Case No. 03-1160 be tabled until the Code Compliance Board meeting to be held on October 15, 2003 with a progress report at the next meeting. Mr. Foot seconded the motion. Ms. Byrne pointed out that the respondents could not obtain a C.O. within 30 days because the parking lot will not be completed. Don Johnson, Building Official, pointed out that the violation is that the respondents do not have a C.O. and even if the respondents report back to the Board in 30 days, the City cannot grant them a C.O. Mr. Skaggs stated that if they were granted 30 days, when they come back to the Board, they will be able to show all the progress that they made. Ms. Cook pointed out that the respondents are running a business without a C.O. and asked what this Board could do to prevent them from doing business without a C.O. Attorney Tolces explained that the Board could issue a cease and desist order or could continue the process that has already begun through this Board. Ms. Hammer requested to restate her motion. Motion Ms. Hammer moved that Case No. 03-1160 be tabled until the Code Compliance Board meeting to be held on October 15, 2003 and to come back with a progress report. If there is no progress, the fine will be certified. Mr. Foot seconded the amended motion. Mr. Tolces explained that regardless of what the motion says, there will still have to be another vote taken with respect to certifying the fine at the October meeting. Vote Motion carried 6-1 (Mr. Rossi dissenting). V. New Business A. Cases to be Heard Case #4)3-2149: Property Address: Violations(s) Cleo Briggs 2867 SE 2nd Street FBC '01, 104.6. Passing inspection on permit #01-393 - See copy of "Red Tag" dated July 7, 2003 Inspector Lewis presented the case. The property was originally cited on July 25, 2003. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Isaac James, 215 NW 7th Court, Boynton Beach, is the brother of the respondent. Chairman DeLiso asked Mr. James if he had authority to represent Mr. Briggs, and he stated that he did. Mr. James pled no contest. The case involves the remodeling of a room that had a fire. Mr. Lewis stated that the respondent did receive a permit, but never called for any inspections. Mr. James stated that he had hired a new contractor who will be contacting the City to determine what is needed. The City recommended 60 days, which Mr. James agreed to. Inspector Lewis asked where Mr. Briggs lived and was informed he lived in Maryland and is under a doctor's care. Chairman DeLiso recommended that Mr. James obtain a power of attorney from Mr. Briggs and supply the Code Compliance Office with Mr. Briggs' address. Motion Based on the testimony and evidence presented in Case No. 03-2149, Ms. Hammer moved that this Board find that Cleo Briggs is in violation of the Florida Building Code '01 Edition, 104.6, and moved to order that the Respondent correct the violations on or before November 16, 2003. The Board has considered the gravity of the violation, 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 per day plus administrative costs shall be imposed for each day the violation continues past November 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. Motion seconded by Mr. Foot and unanimously carded. Case #02-3230: Property Address: Violations(s): George & Yvette Williams 110 NE 27th Avenue SBC '97 ED, 104.6.1 and 105.6. Permit #96- 2876 - See copY of Red Tag dated December 9, 2002. Inspect Guillaume presented the case and stated that service was accomplished by certified mail. Mr. George Williams, 110 NE 27th Avenue, Boynton Beach, pled no contest and asked for 30 days.- Motion Based on the testimony and evidence presented in Case No. 02-3230, Mr. Foot moved that this Board find that George and Yvette Williams are in violation of the Standard Building Code '97 Edition 104.6.1 and 105.6, and moved to order that the Respondents correct the violations on or before October 17, 2003. The Board has considered the 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 gravity of the violation, 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 per day plus administrative costs shall be imposed for each day the violation continues past October 17, 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. Motion seconded by Mr. Miriana and carried 6-0. (Chairman DeLiso had left the dais.) Case #03-825: Property Address: Violations(s): Gregory and Kay Nichols 7333 Chesapeake Circle FBC '01 Edition 105.6 and 104.5. Permit #02- 1605 - See copy of Red Tag dated March 20, 2003. Inspector Roy presented the case. The case was originally cited on March 20, 2003 and service was accomplished by posting. The City recommends 90 days. Gregory Nichols, 7333 Chesapeake Circle, Boynton Beach, pled no contest and asked for 90 days. Motion Based on the testimony and evidence presented in Case No. 03-825, Ms. Hammer' moved that this Board find that Gregory and Kay Nichols are in violation of the Florida Building Code '01 Edition 105.6 and 104.5, and moved to order that the Respondents correct the violations on or before December 16, 2003. The Board has considered the gravity of the violation, 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 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Motion seconded by Mr. Foot and unanimously carried. Case ~03-1293: Property Address: Violations(s): Clifford & Cherry Wallace 140 SW 7th Avenue Chapter 15, Article IX-15-120 (D) .lA. Keeping construction materials not being actively used is not allowed. Please remove blocks. Inspector Cain presented the case. The property was cited on Apdl 18, 2003 through routine inspection of the neighborhood. Service was accomplished by certified mail. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Clifford R. Wallace, 140 SW 7th Avenue, Boynton Beach, pled no contest. The respondent stated that he submitted his drawings in August to the City and is waiting for his permit. Mr. Wallace said that he was putting an addition onto the back of his property. Motion Based on the testimony and evidence presented in Case No. 03-1293, Ms. Hammer moved that this Board find that Clifford and Cherry Wallace are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) .lA and moved to order that the Respondents correct the violations on or before November 16, 2003. The Board has considered the gravity of the violation, 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 per day plus administrative costs shall be imposed for each day the violation continues past November 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. Motion seconded by Mr. Foot and unanimously carried. Old Business A. Lien Penalty Certifications (tabled) Case #03-596 Jean L. & Kethlie St. Fort 176 SE 28th Court Inspector Lewis presented the case. The property was originally cited on February 25, 2003 for failure to have an occupational license. The respondent did appear at the April 16, 2003 Code Compliance Board Hearing. A compliance date of July 15, 2003 was set or be fined $25 per day. The property is not yet in compliance. Jean St. Fort, 176 SE 28th COUrt, Boynton Beach, said that he is waiting for the permit so he could replace all the windows, some of which he put in himself. He stated that he had difficulty finding a contractor to finish the work. Inspector Lewis noted that the respondent did some repairs to his property without a permit. Chairman DeLiso asked the respondent how much time he needed to bring the property into compliance. Chairman DeLiso explained that the fine keeps running and that the respondent needs 'to bring the property into compliance as soon as possible; otherwise, a lien will be placed on his property. Motion Mr. Foot moved that Case No. 03-596 be tabled until the Code Compliance Board meeting to be held on November 19, 2003. Motion seconded by Mr. Miriana and unanimously carried. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Case #03-386 Montalan J. Thermitus 1441 NW 3rd Street Inspector Webb presented the case. The property was cited on February 7, 2003 for violations of the Standard Building Code. No one appeared at the March 19, 2003 Code Compliance Hearing. A compliance date of March 29, 2003 was set or be fined $25.00 per day. The property is still not in compliance for 72 days of non-compliance. Inspector Guillaume interpreted for the respondent. Chairman DeLiso asked the respondent why he has not brought the property into compliance. The respondent did not understand why he was present tonight. Chairman DeLiso explained that he needs to get inspections for the room that he added onto the house. Inspector Webb stated that there have been inspections, but they have failed because the wires coming from the house are too short and are touching the roofline. Chairman DeLiso inquired if the respondent intends to fix the wires and Inspector Guillaume stated that the respondent called FP&L to assist. Chairman DeLiso explained that the respondent needed to hire an electrician. Chairman DeLiso requested to look at the photographs and noted that the respondent did a good job. The respondent requested that he be given 30 days. Motion Mr. Foot moved that Case No. 03-386 be tabled until the Code Compliance Board meeting to be held on October 15, 2003. Motion seconded by Mr. Miriana and unanimously carried. Case #03-951 Dennis F. Shelmerdine 111 SW 10t~ Ave. Inspector Cain presented the case. The property was originally cited on March 27, 2003 for violation of the Community Appearance Code. No one appeared at the June 18, 2003 Code Compliance Board Hearing. A compliance date of July 18, 2003 was set or be fined $25.00 per day. The property is still not in compliance for 61 days of non- compliance. Dennis F. Shelmerdine, 111 SW 10th Avenue, Boynton Beach, informed the Board that he has not been able to bring the property into compliance because he filed bankruptcy in February and does not have the funds. Chairman DeLiso asked the respondent if at sometime he would be able to bring the property into compliance and the respondent thought that he could in 60 days. Attorney Tolces asked the respondent if the bankruptcy is still pending or if a plan has been approved. Mr. Shelmerdine stated that it has been confirmed and his paycheck is garnished to pay the court. Attorney Tolces had concerns about taking any action because of the bankruptcy. Mr. Shelmerdine stated that the bankruptcy was confirmed on February 20, 2003. Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Inspector Lewis recommended that the respondent apply to the Community Redevelopment Division for assistance. Motion Mr. Miriana moved that Case No. 03-951 be tabled until the Code Compliance Board Meeting to be held on November 19, 2003. Motion seconded by Ms. Hammer and unanimously carried. Case #02-2881 Michael R. Rogers 111 NE 3rd Avenue Inspector Laverdure presented the case. The notice of violation was dated November 8, 2002 for violation of the Community Appearance Code. The respondent did appear at the February 19, 2003 Compliance Board Hearing. A compliance date of March 2!, 2003 was set or be fined $25.00 per day. Mr. Rogers said he did not understand why he was before the Board tonight and said he only found out about the violation when he received a letter about three weeks ago. He stated that he was in an accident and has no income coming in. He has made arrangements to have the property cleaned up by borrowing some money. He expects a settlement within 60 days from his accident and will have the entire property cleaned up at that time. The respondent reported that Inspector Roy recommended that he apply to Community Redevelopment for assistance, which he plans to do. Mr. Foot inquired if the respondent appeared before the Board previously. Mr. Rogers said that he was before the Board several months ago because of vehicles on his property, which he has removed. Chairman DeLiso reqUested to look at the photos and felt that the property looked deplorable. Inspector Laverdure noted that the photos were taken on the 16~h and the property has been cleaned up some since that date. Inspector Laverdure said that he observed some men at the property today cleaning it up. Motion Mr. Foot moved that Case No. 02-2881 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Miriana and unanimously carried. Case #4:)3-34 Rodney L & Rhonda L. Patrick 165 SE 26th Ave. Inspector Lewis presented the case. The property was originally cited on January 13, 2003 for violation of the Community Appearance Code. The property complied on September 15, 2003 and the City is recommending no fine. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Motion Based on the testimony and evidence presented in Case #03-34, Mr. Foot moved that this Board find that the Respondents, Rodney L. and Rhonda L. Patrick, were in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 120 (E) 2A, 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 a fine in the amount of $0, including administrative costs. Motion seconded by Ms. Hammer and unanimously carried. Case #03-669 Josephus McDonald 556 NW 10th Ave. Inspector Guillaume presented the case. The property was originally cited on February 28, 2003 for violation of the Community Appearance Code. No one appeared at the June 18, 2003 Code Compliance Board Hearing. A compliance date of July 18, 2003 was set or be fined $25.00 per day. Mr. Blasie pointed out that even though the agenda states that the violation has complied, this is incorrect. The respondent was supposed to telephone Mr. Blasie to come out to his property to inspect it prior to tonight's meeting, and he did not. Inspector Guillaume confirmed that the violation still exists. Mr. McDonald responded that he telephone Mr. Blasie yesterday, but was informed he was not there. Mr. Blasie requested that the case be tabled so that he could inspect the property. Motion Ms. Hammer moved that Case No. 03-669 be tabled until the Code Compliance Board meeting to be held on October 15, 2003. Motion seconded by Mr. Foot and unanimously carried. Case ~03-916 Henry L. Watson 508 NW 9th Ave. Inspector Guillaume presented the case. The property was originally cited on March 26, 2003 for violation of the Community Appearance Code. The respondent appeared at the June 18, 2003 Code Compliance Board Hearing. A compliance date of August 17, 2003 was set or be fined $25.00 per day. The property has not yet complied for 31 days of non-compliance. Edwin Watson, Son of the respondent, 508 NW 9th Avenue, Boynton Beach, took the podium. Inspector Guillaume stated that most of the violations have been corrected except for the sod. The Recording Secretary administered the oath to Mr. Watson. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Mr. Watson said that he has to install an irrigation system before he can plant the sod. He asked for 60 days. Chairman DeLiso explained that the fine continues to accrue even if the case was tabled. Motion Ms. Hammer moved that Case No. 03-916 be tabled until the Code Compliance Board Meeting to be held on November 19, 2003. Motion seconded by Mr. Foot and unanimously carried. Case #03-982 W.J. & Kathleen H. Perry 602 NW 5th Street Inspector Guillaume presented the case. The case was originally cited on March 31, 2003 for violation of the Community Appearance Code. No one appeared at the July 16, 2003 Compliance Board Hearing. A compliance date of July 31, 2003 was set or be fined $25.00 per day. The property has not yet complied for 48 days of non- compliance. Walter J. Perry, 602 NW 5th Street, Boynton Beach stated that the violations have been corrected. Mr. Perry stated that he placed sod on the property four months ago. Inspector Guillaume stated that the debris still exists and presented photos. Mr. Blasie noted that there already is a lien on the property for tar pots and other construction materials. The respondent stated that he had removed the roofing material' and stored it in Lantana, but it was stolen; therefore, he has been keeping the material at his home. Chairman DeLiso explained that if the violation were corrected, the Board would not have to place another lien on the property. Mr. Perry said that he would bring the material back to the storage place and asked for 30 days. Motion Mr. Foot moved that Case No. 03-982 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Miriana and unanimously carried. Case #03-900 Leopold & Dalicia Bertrand 2200 NE 2nd St. Inspector Webb presented the case. The property was originally cited on March 26, 2003 for violation of the Community Appearance Code. No one appeared at the June 18, 2003 Code Compliance Board Hearing. A compliance date of July 18, 2003 was set or be fined $100.00 per day. The property is not yet in compliance for 61 days of non- compliance. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 The son of the respondent appeared at the podium. He stated that his father was in Haiti. Mr. Bertrand stated that the vehicles have been removed. Inspector Webb stated that the property still is in need of sod. Mr. Bertrand said that they planted grass, but it kept dying because every time it rains, the street floods and people drive on the grass to avoid stepping out into the water. The respondent stated that the drainage is poor and the water sits on the street for days. He has complained to the City, but nothing has been done. Chairman DeLiso asked to look at the photos. Mr. Blasie pointed out that most of the missing sod was on private property. Chairman DeLiso stated that it appeared from the photos that cars are parking on the grass. The respondent said that they were not parking on the grass, yet he stated that there was nowhere else to park. The respondent requested to put rocks down instead of grass and was informed he cannot place rocks on the property. Chairman DeLiso recommended that the driveway be extended to provide additional parking. The respondent asked for 60 days. Motion Mr. Foot moved that Case No. 03-900 be tabled until the Code Compliance Board Meeting to be held on November 19, 2003. Motion seconded by Mr. Miriana and unanimously carried. Case #03-901 First Nationwide Mortgage Corp. 2212 NE 2nd St. Inspector Webb presented the case. The property was originally cited on March 26, 2003 for violation of the Community Appearance Code and Occupational License required. No one appeared at the June 18, 2003 Code Compliance Board Hearing. A compliance date of July 18, 2003 was set or be fined $100.00 per day. The property has not yet complied for 61 days of non-compliance. Deborah Anderson, 2212 NE 2nd Street, Boynton Beach, stated that she was the new owner of the property. Ms. Anderson stated that her new mortgage company is CitiMortgage and they have not furnished her with a copy of the mortgage. Chairman DeLiso inquired if the property was in foreclosure and Ms. Anderson stated that at one time it was, but she got the property back into her name. Attorney Tolces recommended that the case be tabled to afford staff an opportunity to clear up the title issue. If title has transferred, the current property owner would have to be cited. Motion Ms. Hammer moved that Case No. 03-901 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Miriana and unanimously carried. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Ms. Anderson stated that her property is next to the previous respondent's property and there is a water problem on the street. Every time she plants grass it just floats away and grass will not grow in her yard. Ms. Hammer recommended that Ms. Anderson speak with the Code Compliance Office to determine how to rectify the grass problem. Case #03-1081 Maurice Arthur & Jean Ducas 1530 NW 3rd St. Inspector Webb presented the case. The property was originally cited on April 7, 2003 for violation of the Community Appearance Code. No one appeared at the June 18, 2003 Code Compliance Board Hearing. A compliance date of July 18, 2003 was set or be fined $50.00 per day. The property has not yet complied for 61 days of non- compliance. Maurice Arthur, 1530 NW 3rd Street, Boynton Beach, assumed the podium. Inspector Guillaume interpreted. The respondent asked for 15 days. Motion Ms. Hammer moved that Case No. 03-1081 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Miriana and unanimously carried. Case #03-1477 Karen Matusof 1430 NW 3rd St. Inspector Webb presented the case. The property was originally cited on May 9, 2003 for violation of the Community Appearance Code and an Occupational License is required. No one appeared at the July 16, 2003 Code Compliance Board Headng. A compliance date of August 15, 2003 was set or be fined $25.00 per day. The violation still exists for 33 days of non-compliance. Marty Weisberg, 5636 Fox Hollow Drive, Boca Raton, appeared on behalf of his wife, Karen Matusof. Mr. Webb stated that the only violation outstanding is the occupational license. Mr. Weisberg said that they have completed the application and will be submitting it to the City. The only reason they did not file for an occupational license was due to the fact that they were unaware that they needed one. Motion Ms. Hammer moved that Case No. 03-1477 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Miriana and unanimously carded. Case #03-1198 Joseph D. Thomas 155 NE 16th Ave. The Recording Secretary administered the oath to Mr. Thomas. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Inspector Webb presented the case. The property was originally cited on April 17, 2003 for violation of the Community Appearance Code and the Land Development Regulations. No one appeared at the June 18, 2003 Code Compliance Board Hearing. A compliance date of August 17, 2003 was set or be fined $50.00 per day. The property has not yet complied for 31 days of non-compliance. Lesly Sematus, stated he was the cousin of Joseph Thomas. Inspector Guillaume interpreted. Chairman DeLiso asked Mr. Sematus if he had permission to appear on behalf of the respondent and he stated that he did. He said that the grass has been planted and the vehicle is gone. Inspector Webb stated that the trash and debds still exists and presented photos. Mr. Sematus said that the trash was put out today for pick up. Motion Ms. Hammer moved that Case No. 03-1198 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Miriana and unanimously carried. RECESS WAS DECLARED AT 8:50 P.M. THE MEETING RECONVENED AT 9:00 P.M. Ms. Hammer and Ms. Cook left the meeting at 8:50 p.m. Case # 03-1371: Property Address: Violation(s): David & Jane Kislak, Trustees 443 SW 7th Court Chapter 15, Article IX-15-120 (D), Inc and Section 13-16 B.B.C. of Ord. Please install sod in yard wherever dead or bare spots occur. An occupational license is required to rent house. Inspector Cain presented the case. The property was originally cited on April 30, 2003 through routine neighborhood inspection. The City recommends a compliance date of October 17, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1371, Mr. Foot moved that this Board find that David and Jane Kislak, Trustees, are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 13-16 B.B.C. of Ordinances, and moved to order that the Respondents correct the violations on or before October 17, 2003. The Board has considered the gravity of the violation, 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 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 violation continues past October 17, 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. Motion seconded by Mr. Miriana and unanimously carried. Case # 03-1915: Property Address: Violation(s): Richelle L. Main 141 SE 14th Avenue Chapter 15, Article IX-15-120 (D), Inc and 10- 2 B.B.C. of Ord. Please mow and deweed yard; install sod wherever dead or bare spots occur Inspector Cain presented the case. The property was originally cited on June 26, 2003 through a complaint. The City recommends a compliance date of October 17, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1915, Mr. Foot moved that this Board find that Richelle L. Main is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 10-2 B.B.C. of Ordinances, and moved to order that the Respondent correct the violations on or before October 17, 2003. The Board has considered the gravity of the violation, 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 17, 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 # 03-2024: Property Address: Violation(s): Boynton 12 Investments 208 SE 12th Avenue FBC '01 ED 104.1.1. A permit is required to install storage racks. See copy of "red tag" dated February 20, 2003. Inspector Cain presented the case. The property was originally cited on July 9, 2003 and the City recommends a compliance date of October 2, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2024, Mr. Foot moved that this Board find that Boynton 12 Investments is in violation of the Flodda Building Code '01 Edition 104.1.1, and moved to order that the Respondent correct the violations on or before October 2, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 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 2, 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 # 03-2052: Property Address: Violation(s): Harold J. Smolik 209 SE 2nd Avenue FBC '01 ED 105.6. Permit has expired; see copy of "red tag" dated June 21, 2003. Inspector Cain presented the case. The property was originally cited on July 9, 2003 and the City recommends a compliance date of October 17, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2052, Mr. Foot moved that this Board find that Harold J. Smolik is in violation of the Florida Building Code '01 Edition 105.6, and moved to order that the Respondent correct the violations on or before October 17, 2003. The Board has considered the gravity of the violation, 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 17, 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 # 03-1975: Property Address: Violation(s): Ustun Atac 240 NW 28th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc. Please install sod in yard and swale; remove all loose trash and debris; storage of unlicensed/inoperable vehicles is not allowed on residential property. Inspector Guillaume presented the case. The City recommends a compliance date of October 17, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1975, Mr. Foot moved that this Board find that Ustun Atac 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 October 17, 2003. The Board has 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 considered the gravity of the violation, 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 17, 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 # 03-1813: Property Address: Violation(s): Jerry McAdoo 411 NE 2nd Street FBC '01, 104.6. Fence permit #02-1241 has expired due to time limits; fence has been started, but has not been completed. You must complete all work and call for and pass a final inspection by June 2, 2003. See copy of "red tag". Inspector Laverdure presented the case. The property was originally cited on June 17, 2003. The City recommends a compliance date of October 17, 2003. Mr. Foot inquired if this was a repeat offender and Inspector Laverdure said that this is the first time that this property has been cited. Motion Based on the testimony and evidence presented in Case No. 03-1813, Mr. Miriana moved that this Board find that Jerry McAdoo is in violation of the Florida Building Code '01 Edition 104.6, and moved to order that the Respondent correct the violations on or before October 17, 2003. The Board has considered the gravity of the violation, 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 17, 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 # 03-2033: Property Address: Violation(s): Paul Benito 137 NE 11th Avenue FBC '01, 104.1.1 and 105.6; Permit is required to install 2 doors and 9 windows. This work, when completed, requires inspections by Building Inspector. Licensed contractor must secure permit prior to any further work 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Inspector Laverdure present the case. The property was originally cited on July 9, 2003. The City recommends a compliance date of October 17, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2033, Mr. Miriana moved that this Board find that Paul Benito 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 17, 2003. The Board has considered the gravity of the violation, 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 17, 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 # 03-2083: Property Address: Violation(s): Biart Realty Corp., Inc. 555 N. Railroad Avenue Section 13-16 B.B.C. of Ord. Your business requires an occupational license - please secure one. Inspector Laverdure presented the case. The property was originally cited on July 14, 2003 as a result of a referral from the City's Occupational License Division. The City recommends a compliance date of October 17, 2003. The business is a body shop. Motion Based on the testimony and evidence presented in Case No. 03-2083, Mr. Foot moved that this Board find that Biart Realty Corp., Inc. is in violation of the City of Boynton Beach Code Sections 13-16, and moved to order that the Respondent correct the violations on or before October 17, 2003. The Board has considered the gravity of the violation, 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 17, 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 # 03-2091: Property Address: Violation(s): Mariners Way Homeowners Association 800 Mariners Way FBC '01 Edition 104.1.1,105.6 and 104.6.2. A permit is required to erect a gazebo and an inspection is required. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Inspector Laverdure presented the case. The property was originally cited on July 15, 2003. The respondents were at the meeting earlier, but left. After the respondents were citied, they applied for a permit and have asked for 60 days. The City recommends a compliance date of November 16, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2091 Mr. Foot moved that this Board find that Mariners Way Homeowners Association is in violation of the Florida Building Code '01 Edition 104.1.1, 105.6 and 104.6.2 and moved to order that the Respondent correct the violations on or before November 16, 2003. The Board has considered the gravity of the violation, 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 November 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 vedfy compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case # 03-2233: Property Address: Violation(s): William H. Albury, Jr. 130 NE 8th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc. Register your vehicles and make them operable. Inspector Laverdure presented the case. The case was originally cited on August 4, 2003. The City recommends a compliance date of October 2, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2233, Mr. Miriana moved that this Board find that William H. Albury, Jr. 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 violations on or before October 2, 2003. The Board has considered the gravity of the violation, 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 2, 2003. The Respondent is fu_~her 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 # 03-2281 Property Address: Desir Desjardina 135 NE 5th Avenue 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please mow your yard and install grass in all bare spots. Inspector Laverdure presented the case. The case was originally cited on August 7, 2003. The City recommends a compliance date of October 17, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2281 Mr. Foot moved that this Board find that Desir Desjardina 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 violations on or before October 17, 2003. The Board has considered the gravity of the violation, 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 17, 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 Mr. Miriana and unanimously carried. Case # 03-1889: Property Address: Violation(s): Brian J. Fitzpatrick 137 NW 10th Avenue Chapter 15, Article IX-15-120 (D), Inc., PT3 - LDR, Chapter 20, VIII, Section 2.B and Section 2.H. Please mow your yard and install grass in all bare spots. Inspector Guillaume presented the case. The case was cited June 25, 2003 and this is a repeat violator. The City recommends a compliance date of September 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1889, Mr. Foot moved that this Board find that Brian Fitzpatrick is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc., PT3 LDR, Chapter 20, VIII, Section 2.B and Section 2.H and moved to order that the Respondent correct the violations on or before September 27, 2003. The Board has considered the gravity of the violation, 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 $75.00 per day, plus administrative costs, shall be imposed for each day the violation continues past September 27, 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. 21 Meeting MinUtes Code Compliance Board Boynton BeaCh, Florida September 17, 2003 Case # 03-2090: Property Address: Violation(s): Cadeus & Roselande Louidort 226 NW 3n* Avenue Chapter 15, Article IX-15-120 (D), Inc. Remove unregistered and inoperative vehicle off your carport; also remove all debris from property; de-weed driveway. Inspector Guillaume presented the case. The property was originally cited on July 15, 2003. The City recommends a compliance date of September 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2090, Mr. Midana moved that this Board find that Cadeus and Roselande Louidort are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc., and moved to order that the Respondents correct the violations on or before September 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents, 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 27, 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 # 03-1904: Property Address: Violation(s): Daniel F. & Robin R. Molinari 1200 SW 27th Place Chapter 15, Article IX-15-120 (D), Inc. Trim hedges and mow lawn; maintain per code. Inspector Roy presented the case. The property was originally cited on June 25, 2003 through a neighborhood complaint. Service was made 'by posting and the City recommends a compliance date of September 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1904 Mr. Foot moved that this Board find that Daniel F. and Robin R. Molinari are in violation of the City of Boynton Beech Code Sections Chapter 15, Article IX-15-120 (D) Inc., and moved to order that the Respondents correct the violations on or before September 27, 2003. The Board has considered the gravity of the violation, 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 27, 2003. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case # 03-1905: Property Address: Violation(s): Daniel F. & Robin R. Molinari 1200 SW 27th Place Chapter 15, Article IX-15-120 (E),2.C. Repair all broken windows in house. Inspector Roy presented the case. The property was originally cited on June 25, 2003 through a neighborhood complaint. Service was accomplished by posting and the City recommends a compliance date of October 17, 2003. Motion Based on the testimony and evidence presented in Case No. 03-1905 Mr. Foot moved that this Board find that Daniel F. and Robin R. Molinari are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (E) 2.C., and moved to order that the Respondents correct the violations on or before October 17, 2003. The Board has considered the gravity of the violation, 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 October 17, 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. Motion seconded by Mr. Miriana and unanimously carried. Case #03-1665: Property Address: Violation(s): Daniel Jerome 1621 NW 1st Court Chapter 15, Article IX-15-120 (D) 1, Inc. and 10-3 B.B.C. of Ord. Please remove all loose trash and debris and items that are hurricane hazards~ Remove unpermitted and dilapidated sheds from your property. Inspector Webb presented the case. The property was originally cited on May 29, 2003 through a complaint. Service was accomplished by certified mail and the City recommends a compliance date of November 1, 2003. Mr. Foot inquired if the hurricane hazards were removed and Mr. Webb stated that the sheds are in poor condition and need to be removed. Motion Based on the testimony and evidence presented in Case No. 03-1665, Mr. Miriana moved that this Board find that Daniel Jerome is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 10-3 B.B.C. or Ord., 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 and moved to order that the Respondent correct the violations on or before November 1, 2003. The Board has considered the gravity of the violation, 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 $50.00 per day, plus administrative costs, shall be imposed for each day the violation continues past November 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. Motion seconded by Mr. Foot and unanimously carried. Case #03-2068: Property Address: Violation(s): Ernestine A. Robinson 2031 NW 2nd Court Chapter 15, Article IX-15-120 (D) 1, Inc. Please sod all bare areas in yard and swale and remove any loose trash and debris. Inspector Webb presented the case. The property was originally cited on July 11, 2003 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends a compliance date of November 17, 2003. The trash has been removed, but the property still needs sod. Motion Based on the testimony and evidence presented in Case No. 03-2068, Mr. Miriana moved that this Board find that Ernestine A. Robinson 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 violations on or before November 17, 2003. The Board has considered the gravity of the violation, 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 November 17, 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 #03-2069: Property Address: Violation(s): Randolf Morris 2030 NW 2nd COUrt Chapter 15, Article IX-15-120 (D) 1, Inc. Please sod all bare areas in yard and swale and remove unregistered and inoperable vehicles. Inspector Webb presented the case. The property was originally cited on July 11, 2003 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends a compliance date of October 17, 2003. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Motion Based on the testimony and evidence presented in Case No. 03-2069, Mr. Foot moved that this Board find that Randolf Morris 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 violations on or before October 17, 2003. The Board has considered the gravity of the violation, 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 17, 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 #03-2070: Property Address: Violation(s): Pauline Morgan 2020 NW 2na COUrt Chapter 15, Article IX-15-120 (D) 1, Inc. Please sod all bare areas in yard and swale and remove all outside storage of items not actively used. Inspector Webb presented the case. The property was originally cited on July 11, 2003 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends a compliance date of October 17, 2003 for compliance. Motion Based on the testimony and evidence presented in Case No. 03-2070, Mr. Foot moved that this Board find that Pauline Morgan 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 violations on or before October 17, 2003. The Board has considered the gravity of the violation, 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 17, 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 #03-2072: Property Address: Violation(s): Virgil L. & Shelia Darville 2010 NW 2nd Court Chapter 15, Article IX-15-120 (D) 1, Inc. Please remove all loose trash and debris and sod all bare areas in yard. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Inspector Webb presented the case. The property was originally cited on July 11, 2003 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends a compliance date of November 16, 2003. The trash has been removed. Motion Based on the testimony and evidence presented in Case No. 03-2072, Mr. Miriana moved that this Board find that Virgil and Shelia Darville are 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 Respondents correct the violations on or before November 16, 2003. The Board has considered the gravity of the violation, 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 November 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. Motion seconded by Mr. Foot and unanimously carried. Case ~03-2133: Property Address: Violation(s): Renita Hill 1525 NE 2nd COUrt FBC '01 Edition 104.1.1, 105.6 and 104.6.2. Window replacement and fiat deck roof repair started without permits. See copy of "red tag" dated July 23, 2003. Inspector Webb presented the case. The property was originally cited on July 25, 2003 and service was obtained by posting. The City recommends a compliance date of September 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2133, Mr. Foot moved that this Board find that Renita Hill is in violation of the FBC '01 Edition 104.1.1, 105.6 and 104.6.2 and moved to order that the Respondent correct the violations on or before September 27, 2003. The Board has considered the gravity of the violation, 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 27, 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. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Old Business A. Lien Penalty Certifications Inspector Roy reported that the following cases have complied and the City recommends no fine: Page 40, Case #02-3104 Page 43, Case #03-546 Page 45, Case #03-950 Page 48, Case #03-1015 Page 51, Case #02-3199 Page 54, Case #03-1333 Page 66, Case #03-1085 Davila & Mildred A. Josell Audrey Williams Mary G. Weiss Braulio Castillo Sam Peterson Thomas S. GalLo Victor Acosta Case #02-3104 Davila & Mildred A. Josell 3616 SE 1st Street Motion Based on the testimony and evidence presented in Case No. 02-3104, Mr. Foot moved that this Board find that the Respondents, Davila and Mildred A. Josell, were in violation of the FBC '01 Edition 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 violations, 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 Mr. Miriana and unanimously carried. Case #03-546 Audrey Williams 2051 NW 2nd Street Motion Based on the testimony and evidence presented in Case NO. 03-546, Mr. Foot moved that this Board find that the Respondent, Audrey Williams, was 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 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 a fine in the amount of $0, including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #03~50 Mary G. Weiss 321 SW 10th Ave. Motion Based on the testimony and evidence presented in Case No. 03-950, Mr. Foot moved that this Board find that the Respondent, Mary G. Weiss, was in violation of the City of 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1D, 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 a fine in the amount of $0, including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #03-1015 Braulio Castillo 3200 Orange Street Motion Based on the testimony and evidence presented in Case No. 03-1015, Mr. Foot moved that this Board find that the Respondent, Braulio Castillo, was 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 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 a fine in the amount of $0, including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #03-3199 Sam Peterson 734 NE 1st Street Motion Based on the testimony and evidence presented in Case No. 03-3199, Mr. Foot moved that this Board find that the Respondent, Sam Peterson, was 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 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 a fine in the amount of $0, including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Case #03-1333 Thomas S. Gallo 405 SE 23rd Avenue Motion Based on the testimony and evidence presented in Case No. 03-1333, Mr. Foot moved that this Board find that the Respondent, Thomas S. Gallo, was in violation of Section 13-16 of the Boynton Beach Code of Ordinances, 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 a fine in the amount of $0, including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Case #03-1085 Victor Acosta 1490 NW 3rd Street Motion Based on the testimony and evidence presented in Case No. 03-1085, Mr. Foot moved that this Board find that the Respondent, Victor Acosta, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) I.E and 13-16 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 Mr. Miriana and unanimously carried. Inspector Roy requested that the following case be tabled until November 19, 2003: Page 49, Case #03-1097 Gloria Venegas Motion Mr. Miriana moved that Case No. 03-1097 be tabled until the Code Compliance Board Meeting to be held on November 19, 2003. Motion seconded by Mr. Foot and unanimously carried. Inspector Roy requested that the following cases be tabled until October 15, 2003: Page 52, Case #03-1225 Page 57, Case #03-738 Page 55, Case #02-2687 Page 58, Case #03-824 Page 61, Case #03-1022 Page 64, Case #03-971 Dale Beapot James Jenkins, Jr. Poly Plastic Packaging Co., Inc Thomas Villus Dennis & Patricia A. Thompson W.R. & Ethel McCormick Case #03-1225 Dale Beapot 203 NE 11th Avenue Motion Mr. Miriana moved that Case No. 03-1225 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Foot and unanimously carried. Case #03-738 James Jenkins, Jr. 304 NW 6th Avenue 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Motion Mr. Miriana moved that Case No. 03-738 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Foot and unanimously carried. Case #02-2687 Poly Plastic Packaging Co., Inc. 510 Industrial Ave. Motion Mr. Miriana moved that Case No. 02-2687 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Foot and unanimously carried. Case #03-824 Thomas Vilius 125 NW 4th Ave. Motion Mr. Miriana moved that Case No. 03-824 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Foot and unanimously carried. Case #03-1022 Dennis & Patricia A. Thompson 215 MW 3rd Ave. Motion Mr. Miriana moved that Case No. 03-1022 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Foot and unanimously carried. Case #03-971 W.R. & Ethel McCormick 2116 NE 3rd St. Motion Mr. Miriana moved that Case No. 03-971 be tabled until the Code Compliance Board Meeting to be held on October 15, 2003. Motion seconded by Mr. Foot and unanimously carded. Inspector Roy recommended that the fines in the following cases be certified at $25.00 per day: Page 47, Case #03-1137 Page 67, Case #03-1089 Page 68, Case #03-1090 Page 71, Case #03-1311 Page 73, Case #03-1509 Bradley Stocker Connie M. Carrier Francois Edner & Made Pierre Edwin Goldberg Southern Homes of Palm Beach 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Case #03-1137 Bradley Stocker 312 SW 9th Avenue Motion Based on the testimony and evidence presented in Case No. 03-1137, Mr. Miriana moved that this Board find that the Respondent has not complied with this Board's Order dated June 18, 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 $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Case #03-1089 Connie M. Carrier 428 NE 20th Avenue Motion Based on the testimony and evidence presented in Case No. 03-1089, Mr. Midana moved that this Board find that the Respondent has not complied with this Board's Order dated July 16, 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 $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Case #03-1090 Francois Edner & Marie Pierre 433 NE 20th Ave. Motion Based on the testimony and evidence presented in Case No. 03-1090, Mr. Miriana moved that this Board find that the Respondent has not complied with this Board's Order dated June 18, 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 $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Case #03-1311 Edwin Goldberg 1451 NW 2nd Street Motion Based on the testimony and evidence presented in Case No. 03-1311, Mr. Miriana moved that this Board find that the Respondent has not complied with this Board's Order dated June 18, 2003, and having considered the gravity of the violations, the 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 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. Motion seconded by Mr. Foot and unanimously carried. Case #03-1509 Southern Homes of Palm Beach 1420 N. Federal Hwy. Motion Based on the testimony and evidence presented in Case No. 03-1509, Mr. Midana moved that this Board find that the Respondent has not complied with this Board's Order dated July 16, 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 $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Inspector Roy requested that the following case be certified at $100.00 per day. Case #03-1202 Jafus & Bonnie G. Crawford 121 NE 16th Ave. Motion Based on the testimony and evidence presented in Case No. 03-1202, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated June 18, 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 $100.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Foreclosures Mr. Foot moved to authorize the City Attorney to proceed on foreclosures as listed below. Mr. Miriana seconded the motion that unanimously carried. DSS Properties Sylvain Immacula Lillian V. Mayhew Johnny L. & Linda A. Waters Edward $. Pickett Paul Benito Marta R. Pejouhy Case #02-3088 Case #02-3159 Case #02-2942 Case #01-312 Case #02-2896 Case #02-2213 Case #01-2554 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2003 Scott & Joan Kessler Robert A. Crossland Lakendra S. Giddings Pabon R. Morales Larry B. Adams Case #00-3283 Case #02-2078 Case #02-2846 Case #02-2926 Case #02-3070 Inspector Roy stated that there was one more case that complied and the City is recommending no fine: Case #03-790 Augustin LeJan 1520 NE 2nd Court Motion Based on the testimony and evidence presented in Case No. 03-790, Mr. Foot moved that this Board find that the Respondent, Augustin LeJan, was 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 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 Mr. Miriana and unanimously carried. VII. Items for Discussion None VIII. Adjournment There being no further business, the meeting propedy adjourned at 9:25 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (September 23, 2003) 33