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Minutes 12-17-03MZNUTES OF THE CODE COMPLZANCE BOARD REGULAR MEETZNG HELD ZN COMMZSSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, DECEMBER 17, 2003 AT 7:00 P.M. Present Chris DeLiso, Chairman IVlichele Costantino, Vice Chair Robert Foot .]ames Miriana Dr. Dave Rafkin Enrico Rossi Brenda Shamblin Kathleen Carroll, Alternate* Kathy Cook, Alternate* *not voting David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code :Inspectors: Courtney Cain Skip Lewis Richard Laverdure Hike Melillo Vestiguerne Pierre Pete Roy Willie Webb Call to Order Chairman DeLiso called the meeting to order at 7:00 p.m. ~. Approval of Minutes of November 19, 2003 Hr. Foot stated that his notes showed Mr. Don Pinatel pled "no contest" versus the "guilty" plea shown in the minutes. (A later check by the Recording Secretary of the audio portion of the record confirmed that Hr. Pinatel had pled "guilty" as shown in the minutes.) Hr. Foot further stated that in Case No. 03-2800, he had moved a compliance date of.]anuary 18, 2004 versus the December 19, 2003 shown in the minutes. ]~n Case No. 03-2405, Hr. Foot moved a compliance date of November 29, 2003 versus the December 19, 2003 shown in the minutes. :In the same case, Hr. Foot had moved a $100.00 per day fine versus the $25.00 fine shown in the minutes. The errors mentioned were discovered after the minutes were issued and corrections were provided to the Board members before this meeting. Mr. Foot wanted to be sure that the other Board members realized that he only checks motions and cases in which he has participated. Motion IVlr. Foot moved to approve the minutes of November :[9, 2003 as amended. Costantino seconded the motion that carried unanimously. Vice Chair Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 III. Approval of Agenda Inspector Webb announced that persons wishing to speak at the meeting should sign the list at the entrance to the Chambers. He also announced that the Code Inspectors would be presenting the cases in a slightly different manner than usual as a result of a workshop held for the inspectors with the City Attorney's office. Inspector Webb requested that Cases No. 02-3221 and 03-2123 be tabled until the January 21, 2004 Code Compliance Board meeting. Mr. Tolces advised that the Board would have to take formal action to do so. Motion Mr. Foot moved to table Cases No. 02-3221 and 03-2123 until the Code Compliance Board meeting on .January 21, 2004. Vice Chair Costantino seconded the motion that carried unanimously. Inspector Webb read the deletions from the agenda as follows: Page 05, Case No. 03-2647, complied Page 06, Case No. 03-2673, complied Page 09, Case No. 03-2995, complied Page 10, Case No. 03-2996, complied Page 11, Case No. 03-2997, complied Page 27, Case No. 03-1887, removed Page 28, Case No. 03-2070, removed Page 32, Case No. 03-3073, complied Page 34, Case No. 03-2850, removed Page 35, Case No. 03-2858, removed Motion Vice Chair Costantino moved to accept the agenda seconded the motion that carried unanimously. as amended. Ms. Shamblin TV. Swearing in of Witnesses and Introduction Inspector Webb called the roll for the cases to be heard. Chairman DeLiso explained the plea system, after which the Recording Secretary administered the oath to all persons present who would be testifying. V. New Business B. Fine Certification (heard out of order) Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Chair DeLiso asked that Case No. 03-1768 be moved up since Mr. Vickery's attorney was present to represent him. Case #03-1768 Shadd Vickery 660 Las Palmas Parkway Inspector Webb reported that the notice of violation in this case had been issued on June 12, 2003 for violations of the Florida Building Code and the Boynton Beach Amendments. Boat davits were installed before issuance of a permit. Mr. Vickery did appear at the August 20, 2003 Code Board meeting. The Board set a compliance date of November 18, 2003 and proposed a fine of $25.00 per day. The violation still exists. Shadd Vickery, 660 Las Palmas Parkway, Boynton Beach, came to the podium along with his attorney, Mr. Larry Rochford. Mr. Rochford represented Mr. Vickery and explained the status of the case. He stated that this was the second time they had been before the Board and they were there now to request an additional extension. Since the last hearing, Mr. Vickery obtained a recorded easement from his neighbor allowing the dock to be located where it is. A copy of the easement was shown to the Board and given to the Recording Secretary for the record. The Department of Environmental Protection indicated that Mr. Vickery is exempt from any of their permit requirements. Mr. Vickery has applied to the Army Corp of Engineers for a permit and has been waiting for status for quite some time. Mr. Rochford's office has also not been able to expedite the delivery of a permit. Mr. Rochford felt that if the Board could grant an extension of 120 days, they might have some progress to report. The Board asked Inspector Webb if there would be a problem with 120 days. Inspector Webb read a letter from Mr. Don Johnson, the Building Official, regarding this case that said in part, "Do not issue a permit for dock and/or boat device until such time as the property owner can provide legal documents showing that he may build a dock in the finger canal." Mr. Foot attempted to make a motion to table the case until April 21, 2004, but a neighbor of Mr. Vickery wished to speak first. Mr. Foot withdrew his motion. Julie Szymkowski, 655 Las Palmas Park, Boynton Beach, stated that her easement extended along the property line and it had been totally blocked for the past several months by Mr. Vickery's unpermitted dock and boatlift, which she and other members of the community wished to see removed. Chair DeLiso asked Ms. Szymkowski if she had photographs and she said that she did, but not with her. Mr. Rossi stated that as he saw it, the only issue remaining from the standpoint of the applicant was obtaining the permit from the Army Corp of Engineers in order to satisfy the permitting department at the City. Mr. Rochford stated that the City wanted evidence that they had received a permit from the Army Corp of Engineers. He stated that some of Ms. Szymkowski's statements were not factually correct and that she was making 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 reference to an easement that is in a different location from where the dock has been constructed. Admittedly, the dock was constructed on his neighbor's property, but an easement from that neighbor has now been obtained and recorded. Having this recorded easement was one of the City's other conditions pertaining to the case. Ms. Szymkowski said that she did not have the papers from 1977 where her easement was granted; however, their easement is a ten-foot wide easement going to the canal and then from the westernmost point forty feet down. She stated that Mr. Vickery had totally blocked the ten feet that go into that. Mr. Tolces said that to the extent there was an issue between private property owners concerning easements, this would be a private property matter. The Board is only concerned with compliance with the City codes. In this case, they were determining whether to certify the fine. Ms. Shamblin inquired about when the construction was begun on the boat dock and lift. Mr. Vickery stated that it had been started in approximately June of 2002. She asked if the drawings that were used to build the dock and boat lift had been prepared by a qualified engineer, and the response was affirmative. Dr. Rafkin asked Ms. Szymkowski if she had protested when the construction began. She stated that as far as they could tell, he was able to build an 8-foot dock; however, it is larger than that. They are protesting the boatlift. They did not realize that he did not have a permit for that. Motion Mr. Foot moved to table Case No. 03-1768 until the Code Compliance Board meeting on April 21,2004. Mr. Miriana seconded the motion. Chair DeLiso asked the Recording Secretary to poll the vote. The motion passed 4-3, Ms. Shamblin, Mr. Rossi, and Dr. Rafkin dissenting. A. Cases to be Heard Case #03-1658 Property Address: Violation(s): Alejandro J. Molina 301 S.W. 5th Avenue CH15-ART. IX-15-120 (D) INC. Install sod in yard wherever dead or bare spots. Inspector Cain reported that this was a single-family dwelling, Homesteaded, that was cited on May 27, 2003 as a result of a routine inspection of the neighborhood. Service was accomplished by hand carry. The owner is having a hard time getting the trees trimmed so that the grass can get some sun and grow. Inspector Cain provided the Board some pictures that were taken on the day of this meeting that depict the violation as it exists. Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Alejandro J. Molina, 760 East Ocean Avenue, Boynton Beach, pled no contest and requested a 60-day extension so he could get the trees trimmed. The trees are in the power lines and he had called FPL several times and been told that they would get to it when they could. Mr. Foot asked Inspector Cain how the City felt about 60 days and Inspector Cain thought this would be satisfactory. Motion Based on the testimony and evidence presented in Case No. 03-1658, Mr. Foot moved that this Board find that Alejandro J. Molina is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inclusive, and moved to order that the Respondent correct the violations on or before February 15, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past February 15, 2004. 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. Dr. Rafkin seconded the motion that passed unanimously. Mr. Molina was concerned about what would happen if he could not get FPL to come out and cut the branches. He had not had any success with them so far. Chair DeLiso gave Mr. Molina the name of a contact in FPL who might be able to arrange it but if not, some people had found it necessary to hire a private tree firm to get the work done. Ms. Shamblin suggested that he go to FPL with a copy of the violation, so that they would understand the urgency of the situation. A discussion ensued about the Inspectors commenting that properties were Homesteaded. Mr. Tolces stated that typically, the record would state whether a property were owner-occupied or rental along with the Homestead status and he thought that the Board would appreciate having this information up front. The Code Inspectors stated that they picked this information up from the public records of Palm Beach County. There was confusion because the previous owner did not live at the property that was cited. Inspector Laverdure stated that in many cases, property is Homesteaded and rented at the same time. Case #03-3007 Property Address: Violation(s): Eliza L. Albury 204 N.E. 13m Avenue CH15-ART. IX-15-120 (D) 1 Inc. Sod bare spots in yard and remove all debris, refuse, trash that would attract animals, insects, or vermin. Furniture, appliances, cans, 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 and containers scattered over the property must be removed. Inspector Laverdure stated that he had spoken to the Alburys and knew that it would not be possible for them to comply before the end of January. He further stated that the Boynton Beach Faith-Based CDC would be helping them bring the property into compliance. He requested that the case be tabled until the February 18, 2004 Code Compliance Board meeting. Motion Mr. Foot moved to table Compliance Board meeting. unanimously. Case No. 03-3007 until the February 18, 2004 Code Vice Chair Costantino seconded the motion that carried Case #03-2163 Property Address: Violation(s): Lucile Shelton 424 N.W. 9m Avenue 13-16 B.B.C. of Ord; CH15-ART. IX-15- 120 (D)INC. Repair driveway and remove unregistered and inoperable vehicle from yard. Occupational license required for rental property. Inspector Pierre stated that this was a multi-family, Homesteaded property. A notice was posted on the property on November 22, 2003 at 10:00 a.m. The Notice of Violation was mailed on July 29, 2003. The violation was discovered through a routine inspection of the neighborhood. On August 20, 2003, the owner of the property talked to Mr. Blasie and requested an extension, which was granted. Nothing has been done. The property owner is deceased and the person living in the house is present. Lillian Shelton, 1614 N. Seacrest Boulevard, Boynton Beach, stated that the owner of this property was her mother-in-law. She did not know until two weeks prior to this meeting about an occupational license being needed. The inoperable vehicle was moved. She pled no contest to the violations. Chair DeLiso stated that the case needed to be disposed of and that the Code Enforcement Division would have to cite the new owner. A lien put on a deceased person's home would not be appropriate. Mr. Tolces recommended that the Board table this case and, if they were able to determine that the notice was not proper, the case could be dismissed, administratively. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Motion Dr. Rafkin moved to table Case No. 03-2163 until the Code Compliance Board meeting on March 17, 2004. Vice Chair Costantino seconded the motion that carried unanimously. Case #03-3022 Property Address: Violation(s): George & Annette Betty 420 N.E. 14m Avenue 104.6.1 FBC '01 ED BBA, FBC '01 ED 105.6 Red Tag from Building Department Inspector Webb stated that this case was on a single-family, Homesteaded dwelling. Certified mail was sent on November 17, 2003 and it was returned on December 3, 2003. This was a Red Tag from the Building Department. The initial notice of violation was sent on November 6, 2003. George Betty, 420 N.E. 14th Avenue, Boynton Beach, did not know that he would have to get the tool shed inspected. It was too close to the house. He pled no contest and asked for 90 days. Inspector Webb stated he already had a permit, but the shed was not anchored and was too close to the house. Mr. Betty stated that it was anchored. Motion Based on the testimony and evidence presented in Case No. 03-3022, Mr. Foot moved that this Board find that George M. & Annette L. Betty are in violation of the Florida Building Code 2001 Edition Boynton Beach Amendments 104.6.1 and 105.6, and moved to order that the Respondents correct the violations on or before March 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past March 16, 2004. 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. Dr. Rafkin seconded the motion that carried unanimously. VI. Old Business B. Lien Penalty Certification Case #03-2091 Mariners Way Homeowners Assoc. 800 Mariners Way 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Inspector Laverdure stated that the notice of violation had been issued July 15, 2003 for violations of the Florida Building Code for a tiki hut. A Code Compliance Board hearing was held on September 17, 2003 and no one appeared. The Board set a compliance date of November 16, 2003 and proposed a fine of $25.00 per day. The violation still exists. Seamus Murphy, 760 Mariners Way, Boynton Beach came to the podium along with Steve Fleck, 650 Mariners Way, Boynton Beach. Mr. Tolces asked if they were authorized to speak on behalf of the Association and Mr. Fleck stated that they were. Mr. Fleck is the President of the Homeowner's Association. Mr. Murphy stated that the homeowners in Mariners Way are desirous of building a tiki hut and a bathroom on their common property. They need some place to get out of the sun and most people live more than 200 feet away from the pool area. They have a setback variance problem and had met with Mike Rumpf in the Planning & Zoning Division about the matter to see how they could resolve it. They were advised that they would have to have a survey done and notify all the neighbors within 400 feet in order to apply for a variance. They have the completed survey and the letters are ready to go out to the surrounding community. They have engineering drawings also. Mr. Murphy stated that Mariners Way would not be permitted without a bathroom if it were built today, and they wanted to bring the property up to today's Code. Chair DeLiso asked the Respondents how much time they needed and the response was, 60 or 90 days. Motion Mr. Foot moved to table Case No. 03-2091 until the Code Compliance Board meeting on March 17, 2004. Dr. Rafkin seconded the motion. Ms. Shamblin said that having an unpermitted structure up for nine months was unacceptable. Vice Chair Costantino asked for pictures of the "tiki hut." Mr. Fleck stated that the roof had not been installed. If they submit their application to the Planning & Development Board by January 8, it might be April before the meeting to decide about the variance would take place. Mr. Foot thought that May 19 would be more appropriate. Mr. Foot amended his motion to May 19, 2004 and Dr. Rafkin accepted it. The motion passed 6-1, Mr. Rossi dissenting. Case #03-2149 Cleo Briggs 2867 S.E. 2nd Street Inspector Lewis reported that this property had been cited on July 25, 2003 for violation of the Florida Building Code. A Code Compliance Board hearing was held on September 17, 2003 and Mr. James, the owner's brother, appeared. The Board set a date for compliance of November 16, 2003 and proposed a fine of $25.00 per day. The violation still exists. This is a duplex that suffered a fire. The insurance company has 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 reimbursed the owner for the loss but the contractor only did part of the work and absconded with the rest of the money. Mr. James, address and first name unknown, stated that he had procured the services of another contractor to finish the work, but the contractor cannot begin the work until after the first of the year. Chair DeLiso asked how much time Mr. James believed was necessary and Mr. James responded, about 90 days. Inspector Lewis agreed to 90 days. Motion Dr. Rafkin moved to table Case No. 03-2149 until the Code Compliance Board meeting of March 17, 2004. Mr. Miriana seconded the motion that carried unanimously. Case #03-2207 Jeannine Toussaint 501 N.E. 15th Avenue Inspector Webb reported that the Notice of Violation had been issued on July 31, 2003 for Community Appearance Code issues. A Code Compliance Board hearing was held on October 15, 2003 and no one appeared. The Board set a compliance date of November 14, 2003 and proposed a fine of $25.00 per day. The violation still exists. Inspector Vestiguerne Pierre translated for Ms. Toussaint. Chair DeLiso inquired about why the violation still existed and Ms. Toussaint, through Inspector Pierre, said that she believed she only had to put grass in the yard. She was not aware that she also had to put grass in the swale. Ms. Toussaint asked for an extension of 60 days, since she had run out of money to do the work. Dr. Rafkin suggested that she be directed to the Faith-Based CDC for assistance. Motion Dr. Rafkin moved to table Case No. 03-2207 until the Code Compliance Board meeting on January 21, 2004. Vice Chair Costantino seconded the motion that carried unanimously. Case #03-2692 Grady L. Frederick 1413 N. Seacrest Boulevard Inspector Webb reported that the Notice of Violation had been issued on September 25, 2003 for a permit for a window changeout issue. A Code Compliance Board hearing was held on November 19, 2003 and no one appeared. The Board set a compliance date of November 29, 2003 and proposed a fine of $100.00 per day. The violation still exists. Grady Frederick, 1413 N. Seacrest Boulevard, Boynton Beach, stated that he had been unable to attend the Code Board hearing on November 19, 2003 because he was involved in an emergency road cave-in in Lake Worth, where he is employed. He asked his supervisor in the City of Lake Worth to call for him and notify the Board that he was Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 unable to attend. He stated that a neighborhood repairman told him that as long as the homeowner works with the person doing the repairs, no permit would be required. Dr. Rafkin asked Mr. Frederick when he planned to get the permit, and Mr. Frederick replied, "tomorrow." Motion Mr. Foot moved to table Case No. 03-2692 until the Code Compliance Board meeting on February 18, 2004. Vice Chair Costantino seconded the motion that carried unanimously. Code Administrator Scott Blasie stated that the Code Compliance office was working with the Faith-Based CDC to assist people coming before the Board with violations for appearance issues and financial problems. C. Lien Reductions Case #00-3283 Scott & Joan Kessler 1114 N. Federal Highway Mr. Blasie reported that this property had received a violation on November 21, 2000 for Community Appearance Code issues. The violation was primarily for repairing potholes in the parking lot and bringing the landscaping up to Code. A Code Compliance Board hearing was held on February 20, 2002 and Ms. Kessler appeared. The Board set a compliance date of May 22, 2002 and proposed a fine of $25.00 per day. The property came into compliance on May 28, 2003. Scott Kessler, 6174 Balmy Court, Boynton Beach, stated that the negotiations with the City had taken a long time. There were numerous meetings and discussions with the City pertaining to what kind of landscaping was required, the size of the parking lot spaces, how it should be striped and in which direction, and so forth. He further stated that he had spent $22K to bring the property up to Code. Dr. Rafkin confirmed with Mr. Kessler that he had been cooperative with the City and that he had tried to make the required changes in a reasonable period of time. Dr. Rafkin asked for substantiation from Mr. Blasie, who stated that Mr. Kessler's portrayal of events was generally very accurate and that there had been many meetings with Planning & Development and the Licensing Department. He stated that Mr. Kessler had been in New York much of the time and worked with the tenant and contractors. The City recommended no fine. Chair DeLiso left the room and returned after the vote. Motion Based on the testimony and evidence presented in Case No. 00-3283, and having been advised that the Respondents have complied with all lien reduction procedures set forth 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Dr. Rafkin moved that this Board reduce the fines instituted in Case No. 00-3283, by virtue of this Board's Order of February 20, 2002, to an amount of $0.00, including administrative costs. Mr. Miriana seconded the motion that carried unanimously. Case #96-1857 Willie Miller/Comet Realty Partners 311 N.E. 11th Avenue Mr. Blasie explained that this case and Case No. 98-2587 were on a dwelling that had been abandoned and demolished by the City. There is now a vacant lot that is being kept according to Code. Both properties are under the same applicant. The property owner for both cases is listed as Willie Miller. The applicant, Comet Realty Partners, is present. This is a development corporation that has built several new homes on N.E. 11th Avenue and wants to build on this property. They acquired this property and then found out that liens were present. It was an old home and Willie Miller passed away. The violations that were there are gone. Chair DeLiso asked about the demolition cost to the City. Attorney Tolces stated that the demolition cost is liened by the City against the property, but is separate from this action. Stuart Davis, 8308 Pinehurst Drive, Boynton Beach, Comet Realty Partners, stated that he had signed a contract with the late Mr. Miller but did not look into the lien situation. He hoped that the Board could relieve him of some of the costs so that he could move forward with his building project on the property. Mr. Blasie stated that Mr. Davis had been born and raised in this neighborhood and had actually redeveloped 8 or 9 houses in the neighborhood. Mr. Blasie stated that the area looked a lot better now than it did in the past. Mr. Blasie recommended no fine in this case. He felt that the City would be standing in the way of progress if it applied a fine. Motion Based on the testimony and evidence presented in Case No. 96-1857, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Dr. Rafkin moved that this Board reduce the fines instituted in Case No. 96-1857, by virtue of this Board's Order of September 18, 1996, to an amount of $0.00, including administrative costs. Vice Chair Costantino seconded the motion that carried unanimously. Case #98-2587 Willie Miller/Comet Realty Partners 311 N.E. 11th Avenue 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Mr. Blasie stated that this case was the same as the previous one and he recommended that the Board take the same action in this case as the previous one. Mr. Foot stated that he took exception to the City's recommendation, but as a Board member would support it. Motion Based on the testimony and evidence presented in Case No. 98-2587, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Costantino moved that this Board reduce the fines instituted in Case No. 98-2587, by virtue of this Board's Order of July 15, 1998, to an amount of $0.00, including administrative costs. Dr. Rafkin seconded the motion that carried unanimously. Case #98-794 Lillian V. Mayhew Sr. 405 S.E. 21st Avenue Mr. Blasie reported that this property had been cited on March 4, 1998 for violation of the Community Appearance Code. A Code Compliance Board hearing was held on May 20, 1998 and no one appeared. The Board set a compliance date of August 17, 1998 and proposed a fine of $25.00 per day. The property came into compliance on December 10, 1998. The property is a duplex and Ms. Mayhew lives in one side. Ms. Mayhew is in the habit of bringing things home and leaving them in the yard. Although Ms. Mayhew has been cited a few times, she has only been to the Board twice before for similar issues and she complied both times. The property is now in full compliance. Although some fines have accumulated, Ms. Mayhew had some health problems during the process and was not able to do a lot of the work that needed to be done. She did correspond with the City and has met with Mr. Blasie. Mr. Blasie determined that Ms. Mayhew's income is practically non-existent and she needs to get rid of this lien and get some cash flow going. She did a nice job on the property. Mr. Blasie recommended no fine. Dr. Rafkin advised Ms. Mayhew that she needed a manager and leniency from the Board. Lillian Mayhew, 405 S.E. 21"t Avenue, Boynton Beach, thanked the Board for their assistance and patience in the past. Motion Based on the testimony and evidence presented in Case No. 98-794, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Dr. Rafkin moved that this Board reduce the fines instituted in Case No. 98-794, by virtue of this Board's Order of May 20, 1998, to an amount of $0.00, including administrative costs. Mr. Miriana seconded the motion that carried unanimously. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Ms. Mayhew presented a proposal to the Code Compliance Board that sets forth some suggestions for the City to consider about helping citizens in difficult financial circumstances. She said there were a lot of people who could not afford the fees to come before the Board and she felt it was a shame that people should be punished because they are poor. Mr. Tolces said that the City Commission could amend the Code to provide for some sort of fee waiver provision upon proof of indigent status, hardship, or something to that effect. Chair DeLiso stated that the Board would be pleased to forward her recommendations on to the City Commission, and stated that he totally agreed with her. Ms. Mayhew said she really appreciated it. Mr. Blasie offered to pass the request on to the City Commission. Ms. Shamblin advised Ms. Mayhew about a mortgage loan officer of her acquaintance who was experienced in doing loans for seniors called reverse mortgages, and she explained how reverse mortgages worked. Ms. Mayhew understood that, but stated that it would entail giving up her home and she preferred to leave her home to her children. She was going to try to get a mortgage for the house she had just repaired. She thanked Ms. Shamblin for the suggestion. Case #99-447 Barbara J. Bass 202 N.E. 16th Avenue Mr. Blasie reported that the property had been cited on March 17, 1999 for violations of the Community Appearance Code. The case came before the Board on August 18, 1999 and Mr. Terrence Jones, the applicant's son, appeared. The Compliance Board set a compliance date of October 18, 1999 and proposed a fine of $25.00 per day. The property came into compliance on December 9, 2003. Mr. Blasie had photographs showing what the property looked like before it came into compliance and how it looked today. Mr. Blasie shared the photographs with Ms. Bass and the Board. Barbara Bass, 202 N.E. 16th Avenue, Boynton Beach, came to the podium along with her son, Terrence Jones, of the same address. Mr. Jones stated that he had complied within the time period given, before October 18, 1999. Ms. Bass lives in Georgia and Mr. Jones lives in the property. They had a problem coming up with the lien reduction fee also. Mr. Jones referred to Inspector Melillo who was the Code Inspector at the time the property was cited. Inspector Melillo stated that his recollection was that the property was in compliance but he had been out of that area for over a year now. Ms. Shamblin tried to zero in on the compliance date. Mr. Blasie gave dates for inspections showing that on December 7, 1999 the violation still existed. Inspector Melillo thought that part of the problem might be that the applicants might not have been aware that moving the cinderblocks was part of the violation. Motion Based on the testimony and evidence presented in Case No. 99-447, and having been advised that the Respondent has complied with all lien reduction procedures set forth in 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Sections 2-84 through 2-89 of the Boynton Beach Code of Ordinances, Dr. Rafkin moved that this Board reduce the fines instituted in Case No. 99-447, by virtue of this Board's order dated August 18, 1999, to $730.15, reflecting administrative costs. Mr. Miriana seconded the motion that carried unanimously. Mr. Jones remarked that his mother was legally disabled and retired. His income is a major part of her income and he has been unemployed for the last two months. Mr. Blasie asked Mr. Jones to contact his office during the next 7 to 10 days and he would give him more information. A. Cases to be Heard (cont'd.) Case #03-2023 Property Address: Violation(s): Jerome & Cathy Albanese 1504 S. Seacrest Boulevard FBC '01 ED 104.1.1, PT3-LDR, CH20-VlII.SEC 2.C. Permit required to install hot water heater. Bathroom must have proper vent system. Inspector Cain reported that the property was cited on July 9, 2003. recommended a compliance date of February 15, 2004. The City Motion Based on the testimony and evidence presented in Case No. 03-2023, Mr. Foot moved that this Board find that Jerome & Cathy Albanese are in violation of the Florida Building Code 2001 Edition 104.1.1, and Part 3, LDR, Chapter 20, VIII. Section 2C of the City of Boynton Beach Code and moved to order that the Respondents correct the violations on or before February 15, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past February 15, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that passed unanimously. Case #03-2796 Property Address: Violation(s): Cecil Edwards 408 S.W. 10th Avenue FBC '01 ED 105.6 Final inspection has not passed. See copy of Red Tag. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Inspector Cain reported that this property had been cited on October 8, 2003. Service was obtained by posting. The City recommended a compliance date of December 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2796, Vice Chair Costantino moved that this Board find that Cecil Edwards is in violation of the Florida Building Code 2001 Edition 105.6 and moved to order that the Respondent correct the violations on or before December 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Mr. Miriana seconded the motion that passed unanimously. Case #03-2926 Property Address: Violation(s): Michael King 2491 N. Seacrest Boulevard FBC '01 ED 104.1.1 and 105.6 Permit and inspection required for doors, windows, plumbing, electrical work and a/c. Inspector Guillaume reported that this property had been cited on October 23, 2003. The City recommended a compliance date of January 16, 2004. Motion Based on the testimony and evidence presented in Case No. 03-2926, Mr. Foot moved that this Board find that Michael King is in violation of the Florida Building Code 2001 Edition 104.1.1 and 105.6 and moved to order that the Respondent correct the violations on or before January 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that passed unanimously. Case #03-2748 Property Address: Violation(s): Charlie Andrews et al 224 N.E. 11th Avenue 10-2 B.B.C. of Ord. Remove all outside storage and all trash and debris. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Inspector Laverdure reported that this property had been cited on October 1,2003 as a result of a routine inspection. The City recommended a compliance date of January 16, 2004. Motion Based on the testimony and evidence presented in Case No. 03-2748, Mr. Miriana moved that this Board find that Charlie Andrews et al is in violation of Section 10-2 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before January 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Case #03-3003 Property Address: Violation(s): Lawanda Blocker 223 N.E. 11th Avenue CH15-ART. IX-15-120 (D) 1 INC. Make vehicle operable, get a current tag, or remove it from the property. Inspector Laverdure reported that this property had been cited on November 3, 2003. The City recommended a compliance date of December 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-3003, Mr. Foot moved that this Board find that Lawanda Blocker is in violation of Chapter 15, Article IX-15-120 (D) 1 Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before December 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Vice Chair Costantino seconded the motion that passed unanimously. Case #03-2728 Property Address: Violation(s): New Haitian Alliance 440 Hoadley Road CH15-ART. I-15-120 (D) INC. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Mow grass, weeds, and trim lot. Inspector Melillo reported that this property had been cited on September 29, 2003. Service was obtained by posting. The violation was a result of a citizen complaint. The City recommended a compliance date of December 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2728, Mr. Miriana moved that this Board find that the New Haitian Alliance is in violation of Chapter 15, Article IX-15-120 (D) Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before December 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Ms. Shamblin seconded the motion that passed unanimously. Case #03-2732 Property Address: Violation(s): Martha Thomas 2580 S.W. 14th COUrt 30G CH15-ART. IX-15-120 (D) 1 INC. Remove boat and all unregistered and inoperable motor vehicles. Remove all trash and debris from yard. Inspector Melillo reported that this property had been cited on September 30, 2003 as a result of a citizen complaint. It is a multi-family dwelling. Service was obtained by posting. The City recommended a compliance date of December 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2732, Mr. Miriana moved that this Board find that Martha Thomas is in violation of Chapter 15, Article IX- 15-120 (D) 1 Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before December 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 verify compliance with this Order. Ms. Shamblin seconded the motion that passed unanimously. Case #03-2821 Property Address: Violation(s): EFS EHI Investments 11 Via De Casas Sur 204 FBC 2001 ED 104.1.1 Permit required for hot water tank change out. Inspector Melillo reported that this was a multi-family dwelling. It was cited on October 14, 2003 as a result of a complaint from a neighbor. The City recommended a compliance date of December 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-2821, Mr. Foot moved that this Board find that EFS EHI Investments are in violation of the Florida Building Code 2001 Edition 104.1.1, and moved to order that the Respondents correct the violations on or before December 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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 property to verify compliance with this Order. Ms. Shamblin seconded the motion that passed unanimously. Case #03-3035 Property Address: Violation(s): Levitt Commercial High Ridge 100 Commerce Road A PT3-LDR CH21 I SEC.5, and CH21-11. SEC 3 Get permits or remove Levitt Commercial, C-M-S-l, and Futon Sale Banners from buildings. Remove or get permit for sign structure and banner along 1-95 right-of-way. Inspector Melillo reported that a response to a certified letter was signed December 2, 2003. The violation surfaced through a citizen's complaint. Inspector Melillo spoke to Levitt Commercial High Ridge on November 4. The City recommends a compliance date of December 27, 2003. Motion Based on the testimony and evidence presented in Case No. 03-3035, Mr. Foot moved that this Board find that Levitt Commercial High Ridge are in violation of Part 3 of the 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Land Development Regulations, Chapter 21, I, Section 5 and Part 3, Chapter 21, II, Section 3 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before December 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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 property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #03-3093 Property Address: Violation(s): Mathieu P. Rosinsky 1865 W. Woolbright Rd. ART II. SEC 5 B & C Install bushes, trees, or heavy chain across opening to access to Lake Worth Drainage Canal property. This is located along north side of property. It is needed to stop the public from entering the canal property. Inspector Melillo reported that this violation had been a result of a citizen complaint. This is a commercial property. Service was obtained by certified mail. He spoke to the owner on December 15 and he stated that his landscapers would get in touch with the City, which they have not. The City recommends a compliance date of January 16, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3093, Mr. Miriana moved that this Board find that Mathieu P. Rosinsky is in violation of Article II, Section 5 B & C of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before January 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that passed unanimously. Case #03-2160 Richard D. Zolnay Property Address: 168 S.E. 31st Avenue 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Violation(s): CH15-ART. IX-15-120 (D) 1 INC. Mow and remove weeds from overgrown yard areas. Trim trees, hedges, and bushes. Remove all trash and debris. Wood fence needs to be repaired or replaced. Re-sod dead areas of the front yard. Inspector Lewis reported that this property had been cited on July 29, 2003 as a result of a routine inspection. Service was obtained by posting. The City recommended a compliance date of January 1,2004. Motion Based on the testimony and evidence presented in Case No. 03-2160, Mr. Foot moved that this Board find that Richard D. Zolnay is in violation of Chapter 15, Article IX-15-120 (D) 1 Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before January 1,2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 1, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that passed unanimously. Case #03-2787 Property Address: Violation(s): Wayne J. & Jane B. Ward 3715 S. Lake Drive PT3-LDR.CH2. SEC.5.D.1, 20-6 of the City of Boynton Beach Code of Ordinances; FBC '01 ED 104.1.1 Apply for and secure a building permit for the new wood fence and roof structure (north side). Remove 2 of 4 R.V.s, boat, or trailers from the property. Cease auto repair in a residential area. Inspector Lewis reported that this property had been cited on October 7, 2003 as a result of a citizen's complaint. Service was obtained by certified mail. The owner came to the City today to advise that he does have plans in at the City and they are being checked. The owner asked for 60 days to comply. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Mr. Foot asked if he needed a motion in two parts to get rid of the auto repair issue as well. Inspector Lewis said that the only violation that still existed was the permit. Ms. Shambiin asked if the applicant was still running an auto repair business from his home, and Inspector Lewis responded that he was not. Motion Based on the testimony and evidence presented in Case No. 03-2787, Mr. Foot moved that this Board find that Wayne J. and Jane B. Ward are in violation of the Florida Building Code 2001 Edition 104.1.1, and moved to order that the Respondents correct the violations on or before February 15, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past February 15, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that passed unanimously. Case #03-2853 Property Address: Violation(s): Jean P. Messeroux 2950 S.E. 2nd Street 13-16 BBC of ORD; CH15.ART. IX-15-120 (D) INC. Rental property requires license and inspection. Remove all trash, debris, and garbage containers from view. Restore all landscaping to meet Code. Inspector Lewis reported that this property had been cited on October 21, 2003. Service was obtained by certified mail. The owner is working on this and asked for 60 days. It is a rental property. Mr. Foot asked if there were any safety issues and Inspector Lewis responded that there were not. Motion Based on the testimony and evidence presented in Case No. 03-2853, Mr. Foot moved that this Board find that Jean P. Messeroux is in violation of Chapter 15, Article IX-15- 120 (D) Inclusive and 13-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before February 15, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 February 15, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that passed unanimously. Case #03-2854 Property Address: Violation(s): Jean Pierre Messeroux 2970 S.E. 2nd Street 13-16 B.B.C. of ORD; CH15.ART. IX-15-120 (D) 1 INC. Rental license required and inspections for rental duplex. Remove all trash and debris. Restore landscaping to meet Code. Inspector Lewis reported that this was the same owner as the previous case. He spoke to the owner who asked for 60 days to bring the property into compliance. He has applied for a rental license. Motion Based on the testimony and evidence presented in Case No. 03-2854, Vice Chair Costantino moved that this Board find that Jean Pierre Messeroux is in violation of Chapter 15, Article IX-15-120 (D) 1 Inclusive and 13-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before February 15, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past February 15, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that passed unanimously. Case #03-2944 Property Address: Violation(s): Dakota Lofts Dev Corp 3010 S. Federal Highway 104.6.1 FBC '01 ED BBA Red Tag from Building Department Inspector Lewis stated that this was commercial property. Certified mail was signed on December 3, 2003. This was cited by the Building Department. The City recommended a compliance date of December 27, 2003. Mr. Foot asked if this case was more serious than the case that was presented the previous month, and Inspector Lewis stated that some were for the trailer, some were for landscaping, and another was for the site plan. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Dr. Rafkin referred to the previous month's Code Compliance Board meeting and asked whether the person whose water supply was threatened by the violations in this case had experienced a problem. Inspector Lewis did not know. Motion Based on the testimony and evidence presented in Case No. 03-2944, Mr. Foot moved that this Board find that Dakota Lofts Development Corporation is in violation of the Florida Building Code 2001 Edition 104.6.1 Boynton Beach Amendments, and moved to order that the Respondents correct the violations on or before December 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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 property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #03-2945 Property Address: Violation(s): Dakota Lofts Dev Corp 3010 S. Federal Highway 104.6.1 and 105.6 of the FBC '01 ED BBA Red Tag from Building Department Inspector Lewis reported that Dakota Lofts Dev. Corp. had signed the certified mail sent them on December 3, 2003 and the violation was still present. Motion Based on the testimony and evidence presented in Case No. 03-2945, Mr. Foot moved that this Board find that Dakota Lofts Development Corporation is in violation of the Florida Building Code 2001 Edition 104.6.1 Boynton Beach Amendments and 105.6, and moved to order that the Respondents correct the violations on or before December 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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 property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #03-3047 Property Address: Violation(s): Dakota Lofts Dev Corp 3010 S. Federal Highway 105.6 of the FBC '01 ED 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Red Tag from Building Department Inspector Lewis reported that the property owner signed certified mail service on December 5, 2004. The violation is still in evidence. Motion Based on the testimony and evidence presented in Case No. 03-3047, Vice Chair Costantino moved that this Board find that Dakota Lofts Development Corporation is in violation of the Florida Building Code 2001 Edition 105.6, and moved to order that the Respondents correct the violations on or before December 27, 2003. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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 property to verify compliance with this Order. Mr. Miriana seconded the motion that passed unanimously. Case #03-2867 Property Address: Violation(s): Ina Thomas 233 N.W. 6th Avenue 13-16 of the BBC of ORD. Occupational license required for rental property. Inspector Pierre stated that this property was a single-family home. The City recommended a compliance date of January 16, 2004. Motion Based on the testimony and evidence presented in Case No. 03-2867, Vice Chair Costantino moved that this Board find that Ina Thomas is in violation of Section 13-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before January 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that passed unanimously. Case #03-2921 Property Address: Violation(s): Shawn Maesel 407 N.W. 13th Avenue 13-16 B.B.C. of ORD; ART. IX-15-120 (D)INC. CH15- 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Occupational license required for rental property. Sod front yard. Inspector Pierre reported that this case had been cited on October 22, 2003. The City recommended a compliance date of January 16, 2004. Motion Based on the testimony and evidence presented in Case No. 03-2921, Vice Chair Costantino moved that this Board find that Shawn Maesel is in violation of Section 13- 16 and Chapter 15, Article IX-1-120 (D) Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before January 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Case #03-2848 Property Address: Violation(s): Roosevelt Baldon 1481 N.W. 3rd Street CH15-ART. IX-15-120 (D) 1 INC. Repair driveway apron, sod all bare areas in yard. Inspector Webb reported that this was a single family Homesteaded residence. Service was obtained by certified mail. The City recommended a compliance date of January 16, 2004. Motion Based on the testimony and evidence presented in Case No. 03-2848, Mr. Miriana moved that this Board find that Roosevelt Baldon is in violation of Chapter 15, Article IX- 15-120 (D) 1 Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before January 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 16, 2004. 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. Vice Chair Costantino seconded the motion that passed unanimously. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Case #03-2860 Property Address: Violation(s): Juan M. Pascal & Lucas Cano 437 N.E. 16th Avenue CH.15-ART. IX-15-120 (D) 1 Inc. Sod all bare areas in yard. Remove all loose trash. Repair fence. Inspector Webb reported that this was a single-family Homesteaded dwelling. Service was obtained by certified mail. The City recommended a compliance date of January 16, 2004. Motion Based on the testimony and evidence presented in Case No. 03-2860, Vice Chair Costantino moved that this Board find that Juan M. Pascual and Lucas Cano are in violation of Chapter 15, Article IX-15-120 (D) 1 Inclusive of the City of Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violations on or before January 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that passed unanimously. VI. Old Business A. Lien Penalty Certifications (Heard out of Agenda Order) Inspector Webb requested that the fine/n the fo//ow/ng cases be cert/fied at $25. O0 per day. The propert/es are not/n comp//ance. Page 39, Case No. 03-1955 Page 41, Case No. 03-1196 Page 46, Case No. 03-2161 Page 48, Case No. 03-1393 Page 50, Case No. 03-2068 Page 51, Case No. 03-2072 Case #03-1955 Eleanor Mastroianni 103 N.E. 4th Avenue Motion Based on the testimony and evidence presented in Case No. 03-1955, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order of 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 August 20, 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. Mr. Miriana seconded the motion that carried unanimously. Case #03-1196 Boynton Vistas, Inc. South Circle Drive Motion Based on the testimony and evidence presented in Case No. 03-1196, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order of July 16, 2003, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, that this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that carried unanimously. Case #03-2161 Joseph M. Woods 12 Grange Place Motion Based on the testimony and evidence presented in Case No. 03-2:L61, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order of October 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 $25.00 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that carried unanimously. Case #03-1393 James & Katie Shelton 3200 E. Atlantic Drive Motion Based on the testimony and evidence presented in Case No. 03-1393, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order of November 19, 2003, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, that this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that carried unanimously. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Case #03-2068 Ernestine A. Robinson 2031 N.W. 2nd Court Motion Based on the testimony and evidence presented in Case No. 03-2068, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order of September 17, 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 certi~ a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion that carried unanimously. Case # 03-2072 Virgil L. Darville 2010 N.W. 2ncl Court Motion Based on the testimony and evidence presented in Case No. 03-2072, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order of September 17, 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 certi~ a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification o1: fine. Mr. Miriana seconded the motion that carried unanimously. Inspector Webb requested that the fine/n Case No. 03-2d05 be cert/tied at $100.00 per day. The property/s not/n compl/ance. Case #03-2405 Daniel F. & Robin R. Molinari 1200 S.W. 27th Place Motion Based on the testimony and evidence presented in Case No. 03-2405, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order of November 19, 2003, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, that this Board impose and certi~ a fine in the amount of $100.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Costantino seconded the motion that carried unanimously. Inspector Webb requested that the tine/n Case No. 03-2929 be cert/tied at $250.00 per day. The property/s not/n compl/ance. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Case No. 03-2929 Dakota Lofts Dev. Corp. 3010 S. Federal Highway Motion Based on the testimony and evidence presented in Case No. 03-2929, Vice Chair Costantino moved that this Board find that the Respondents have not complied with this Board's Order of November 19, 2003, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, that this Board impose and certify a fine in the amount of $250.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Shamblin seconded the motion that carried unanimously. Inspector Webb requested that the fine in Cases No. 02-2687 and No. 03-2210 be applied as "No Fine.' The properties are in compliance. Case #02-2687 Poly Plastic Packaging Co., Inc. 510 Industrial Avenue Motion Based on the testimony and evidence presented in Case No. 02-2687, Vice Chair Costantino moved that this Board find that the Respondents, Poly Plastic Packaging Co., Inc. were in violation of the Florida Building Code 2001 Edition 104.1.1 and 104.6.2, subsequent to the date of compliance specified in this Board's Order of December 18, 2002, and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violation, and previous violations of the Respondents, that this Board impose and certify a fine in the amount of $0.00 including administrative costs. The motion was seconded by Mr. Miriana and carried unanimously. Case #03-2210 3acob & Shellie 3. Rus 515 N.E. Ist Street Motion Based on the testimony and evidence presented in Case No. 03-2210, Vice Chair Costantino moved that this Board find that the Respondents, Jacob & Shellie J. Rus, were in violation of Chapter 15, Article [X-15-120 (D) ! Inclusive of the City of Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of October 15, 2003, and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violation, and previous violations of the Respondents, that this Board impose and certify a fine in the amount of $0.00 including administrative costs. The motion was seconded by Mr. Miriana and carried unanimously. Inspector Webb suggested that Case No. 01-483 be d/sm/ssed due to change of ownersh/p. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2003 Motion Vice Chair Costantino moved to dismiss Case No. 01-483. motion that carried unanimously. Ms. Shamblin seconded the VII. Items for Discussion "Posting for 2004 as per Florida Statute" Attorney Tolces stated that the Statute requires that the Board authorize posting as a method of service of the property owner in Code Enforcement cases. The City Attorney's office requests that the Board authorize the City's Code Compliance officers to use posting as a method of service under these Statutes for the year 2004. Motion Mr. Foot moved to authorize the City's Code Compliance Officers to use posting as a method of service for the year 2004 under the applicable Florida Statute. Vice Chair Costantino seconded the motion that carried unanimously. VIII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:40 p.m. Respectfully submitted, Susan Collins Recording Secretary (121803) 30