Loading...
Minutes 01-21-04 (3)MINUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JANUARY 21, 2004 AT 7:00 P.M. Present: Chris DeLiso, Chair Michele Costantino, Vice Chair Robert Foot James Miriana Enrico Rossi Dr. Dave Rafkin Brenda Shamblin Kathleen Carroll, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Inspectors: Courtney Cain Luney Guillaume Richard Laverdure Skip Lewis Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb I. Call to Order Chairman DeLiso called the meeting to order at 7:03 p.m. II. Approval of Minutes There were no corrections to the minutes. Motion Mr. Miriana moved to approve the minutes. Motion seconded by Mr. Foot and unanimously carried. II1. Approval of Agenda Inspector Roy requested that the following changes be made to the agenda: Page 1, (Case #02-3221), Guy Estella -table until May 19, 2004 Page 3, (Case #03-2123), Ridgepoint Woods No. Assn. Inc. - table until February 18, 2004 Page 4, (Case #03-2653), Allen Zambelia, complied Page Page Page Page Page Page Page Page 5, (Case #03-2874), Pierre Frederique, removed 8, (Case #03-3075), Abraham Cowrie, removed 11, (Case #03-3155), Aparicio E. & Gloria Giron, complied 19, (Case #03-2707), Jarrett Shapiro, removed 20, (Case #03-3106), Michelle L. Hubbard, removed 21, (Case #03-1887), Tommy Jonas, complied 22, (Case #03-3070), Leon & Gail Jenkins, removed 26, (Case #03-3249), Margaret M. Gervasio, complied Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Motion Vice Chair Costantino moved to approve the agenda, as amended. Motion seconded by Mr. Foot. Mr. Foot requested that the motion be amended to include tabling Case #02-3221 to May 19, 2004 and Case #03-2123 to February 18, 2004. Vice Chair Costantino amended her motion to include tabling those two cases, which was duly seconded by Mr. Foot and unanimously carried. IV. Swearing in of Witnesses and Introduction The Recording Secretary administered the oath to all persons who would be testifying. Inspector Roy called the roll and requested that those persons present respond by answering "here." Chairman DeLiso explained the plea system. V. New Business A. Cases to Be Heard (Tabled) Case #03-703 Property Address: Violation(s): Pita Gen Corp. 1935 S. Federal Highway Pt.3 LDR, Chapter 7.5-11, Section 5.B. Permit #98-3346; Comply with landscape violations - See Copy of red tag dated March 3, 2003 Inspector Lewis presented the case. Service was accomplished by hand carry. Anthony LaPola, Regional Asset Manager for Alterra Health Care, 1935 South Federal Highway, pled no contest and asked for 60 days to bring the property into compliance. He explained that the property out came of bankruptcy on December 15, 2003 and a new management company is taking over. He has a tentative contract with a landscape company and a resurfacing company to bring the property into compliance. Chairman DeLiso inquired why the case has been pending since last March and Inspector Lewis explained that the City Forester has been working with the respondent. Inspector Lewis noted that the respondent appeared before the Board three months ago and stated at that time that there would be new owners taking over the property. A certificate of the new ownership was furnished to the Code Compliance Department. Chairman DeLiso inquired how much work was necessary. Inspector Lewis stated that most of the work that needs to be done is in the tennis court area that is unkempt and a 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2004 great deal of the landscape is dead. Mr. LaPola had informed him that they intend to remove the tennis court that should take some time. Motion Based on the testimony and evidence presented in Case No. 03-703, Mr. Foot moved that this Board find that Pita Gen Corp. is in violation of the Land Development Regulations, PT-3, Chapter 7.5-11, Section 5.B of the Boynton Beach City Code, and moved to order that the Respondent correct the violation on or before March 21, 2004. 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 March 21, 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. Motion seconded by Dr. Rafkin and unanimously carried. B. Cases To Be Heard (New) Case #03-2813 Property Address: Violation(s): Gerson Memettre 3166 Orange Street Chapter 15, Article IX-15-120 (D), Inc.; Storage of unlicensed and inoperable vehicles are not allowed on residential property. Also, remove all loose trash and debris. Inspector Guillaume reported that this case has complied. Motion Vice Chair Costantino moved to dismiss Case #03-2813. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-3142 Property Address: Violation(s): Anicea Harrison 3155 Orange Street Chapter 15, Article IX-15-120 (D) 1, Inc. and PT3-LDR, Chapter 2, Section 5.E. Please remove all unlicensed and inoperable vehicles in rear yard. Remove all loose trash and debris. Mow overgrown grass and weeds. Also, major car repair is not allowed in residential zone. Meeting Minutes Code Compliance Board Boynton Beach, Florida .January 21, 2004 Inspector Guillaume presented the case and stated that this is a homesteaded, single- family dwelling. Notice of the violation was sent by certified mail and the certified receipt was signed on December 18, 2003. The property was cited as the result of a citizen's complaint and the initial inspection took place on November 26, 2003. Anicea Harrison, 3155 Orange Street, Boynton Beach, Florida, pled no contest and stated that most of the property has been cleaned up. The respondent requested 30 days. Motion Based on the testimony and evidence presented in Case No. 03-3142, Vice Chair Costantino moved that this Board find that Anicea Harrison is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and PT3-LDR, Chapter 2, Section 5.E., and moved to order that the Respondent correct the violation on or before February 20, 2004. 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 February 20, 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. Motion seconded by Mr. Miriana and unanimously carried. Case #03-3092 Property Address: Violation(s): Joseph St. Elot 407 NE 2nd Street Chapter 15, Article IX-15-120 (D) 1, Inc. Please repair your fence on NE 1st Street side and mow swale area. Inspector Laverdure presented the case. The property is a homesteaded, single-family dwelling. Notice was sent on December 12, 2003 and the certified receipt was returned signed on December 13, 2003. The property was cited through routine neighborhood inspection and the initial inspection was on November 19, 2003. The respondent was given 20 days to comply and there has been no conversation between staff and the respondent. Joseph St. Elot, 407 NE 2nd Street, Boynton Beach, pled no contest and asked for 30 days to bring the property into compliance. Motion Based on the testimony and evidence presented in Case No. 03-3092, Dr. Rafkin moved that this Board find that Joseph St. Elot is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., and moved to order that the Respondent correct the violation on or before February 20, 2004. The Board has Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 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 February 20, 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. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-2674 Property Address: Violation(s): BJ & Jacqueline S. Fitzpatrick 1901 NW 1st Street Chapter 15, Article IX-15-120 (D) 1, Inc. Property contains trash and debris, missing windows and screens, missing soffit screens, missing sod, holes in parking lot, open sewer line. Repeat violations carry a $250.00 a day fine. Inspector Webb presented the case. The property is a multi-family dwelling and notice was sent by certified mail on December 22, 2003. The return receipt came back on December 24, 2003 and regular mail was sent out on December 24, 2003. The property was cited as the result of a citizen's complaint. Initial inspection took place on September 24, 2003. Inspector Webb pointed out that this property had been cited 51 times. The respondent was given 20-days written notice. Inspector Webb presented photographs of the property when it was originally cited and photographs taken today. Brian Fitzpatrick, 1901 NW 1st Street, Boynton Beach, pled no contest and asked for 60 days. Ms. Shamblin inquired if there has been any clean up or repairs and was informed that some of the trash and debris has been removed. Mr. Fitzpatrick stated that all the trash and debris has been removed. Mr. Foot inquired if the City agreed with 60 days and Inspector Webb pointed out that the property in question is a duplex and this particular side has been cited 51 times, both under the previous owner and Mr. Fitzpatrick. Inspector Webb agreed to 60 days, but felt that within the year's time, there will be another violation on the property. Mr. Fitzpatrick took exception to this and felt that some of the citations were exaggerated. He referred to the "open sewer line," which was actually a 3" clean out and the cap was cut when the lawn was being mowed. Mr. Fitzpatrick stated that there were no missing windows and the property has been a constant problem because it abuts the Hester Center with trash from the Center being thrown onto his property. Mr. Fitzpatrick stated that he requested 60 days because there have been numerous times when he telephoned Inspector Webb to inspect the property and Inspector Webb failed to come out to the property. Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Chairman DeLiso explained that this Board has no control over what the staff does and if Mr. Fitzpatrick is unhappy with his treatment, he should speak with that person's supervisor. Mr. Foot inquired if the 3" cap had been replaced and Mr. Fitzpatrick said that it had. Motion Based on the testimony and evidence presented in Case No. 03-2674, Mr. Foot moved to find that B.J. and Jacqueline S. Fitzpatrick 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 March 21, 2004. Based upon the evidence presented in this case, the Board finds a repeat violation of Code Sections Chapter 15, ^rticle IX-15-120 (D) 1, Inc. Having also considered the gravity of the violation, and the actions taken by the Respondents, the Board hereby orders that should the Respondent fail to comply with this Order, a fine in the amount of $250.00 per day, shall be imposed for each day the violation continues past March 21, 2004, plus administrative costs. 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 Dr. Rafkin and carried 5-2 (Chairman DeLiso and Vice Chair Costantino dissenting). Case #03-2677 Property Address: Violation(s): BJ & Jacqueline S. Fitzpatrick 1900 NW 1st Street Chapter 15, Article IX-15-120 (D) 1, Inc. Property contains trash and debris, missing windows and screens, missing sod, hole in parking lot; repair fence, trim bushes, repeat violations carry a $250.00 a day fine. Inspector Webb presented the case and stated this is the same property owner as in the previous case. The service, complaint, initial inspection, code violations, and written notice are the same as in the previous case. Twenty days written notice was given and this side of the duplex has been cited 68 times. Mr. Fitzpatrick requested 60 days for compliance. Motion Based on the testimony and evidence presented in Case No. 03-2677, Vice Chair Costantino moved to find that B.J. and Jacqueline S. Fitzpatrick 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 February 20, 2004. Based upon the evidence presented in this case, the Board finds a repeat violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. Having also considered the gravity of the violation, and the actions taken by the Respondents, the 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Board hereby orders that should the Respondents fail to comply with this Order, a fine in the amount of $500.00 per day, shall be imposed for each day the violation continues past February 20, 2004, plus administrative costs. 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. Rossi and unanimously carried. Case #03-2855 Property Add ress: Violation(s): Ulrick Notrez & Gertrude St. Fort 325 NE 16th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc. Please sod all bare areas in yard. Remove all unregistered and inoperable vehicles. Remove all loose trash. Repair fence. Inspector Webb presented the case. The property is a homesteaded single-family dwelling. Certified mail was sent on January 5, 2004 and came back signed on January 12, 2004. Regular mail was sent on October 21, 2003. The property was cited through routine neighborhood inspection and was originally inspected on October 21,2003. Ulrick Notrez, 325 NE 16th Avenue, Boynton Beach, pled no contest and asked for 60 to 90 days. He stated that he is remodeling the house completely. He would like to complete the inside repairs before working on the outside property. Chairman DeLiso pointed out that the property was cited for outside violations. Ms. Shamblin requested to look at photographs of the property. She recommended that the respondent take care of the outside problems first. Ms. Shamblin inquired if the inoperable vehicles and trash have been removed. Mr. Notrez said that it is not trash, but is the furniture from inside the house. He placed the furniture outside while working inside the house. Motion Based on the testimony and evidence presented in Case No. 03-2855, Dr. Rafkin moved to find that Ulrick Notrez and Gertrude St. Forte 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 April 20, 2004. 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 April 20, 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. Motion seconded by Mr. Foot. Mr. Miriana felt that 90 days was too long and asked Dr. Rafkin to amend his motion to sixty days, which he agreed to. The motion was amended to March 21, 2003 and was seconded by Mr. Miriana and unanimously carried. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Vi. Old Business A. Lien Penalty Certifications (Tabled). None B. Lien Penalty Certifications Case #03-2496 Joseph A. Jean 141 SE 13th Avenue Inspector Cain presented the case. The notice of violation date was September 4, 2003 for violations of the Florida Building Code and 10-3 of the Boynton Beach Code of Ordinances. The respondent did appear at the October 15, 2003 Code Compliance Board Hearing. A compliance date of December 14, 2003 was set or be fined $25.00 per day. The property is not yet in compliance. The respondent was present and Inspector Cain requested that the case be tabled for 30 days. Motion Vice Chair Costantino moved that Case No. 03-2496 be tabled until the Code Compliance Board Meeting to be held on February 18, 2004. Motion seconded by Ms. Shamblin and unanimously carried. RECESS WAS DECLARED AT 7:47 P.M. THE MEETING RECONVENED AT 7:57 P.M. Dr. Rafkin left the meeting at 7:47 and when the meeting reconvened, Ms. Cook assumed the podium in his place. C. Lien Reductions Case #99-3054 Robert Huddleston/Andre St. Juste 809 SE 4th St. Mr. Blasie presented the case on behalf of the City and was administered the oath by the Recording Secretary. The current property owner is Andre St. Juste. Originally, when the case was processed, the owner was Robert Huddleston. The property was originally cited on December 23, 1999 for violation of the Standard Building Code '94 Edition. The case first came before the Board on February 16, 2000 and no one appeared. A compliance date of March 1, 2000 was set or be fined $25.00 per day. The property came into compliance on March 8, 2001 for a total fine of $9,275.00, plus administrative costs. The case originated from a red tag through the Building Division for a multitude of building issues. The building was formerly a multi-unit residential dwelling and the respondent was converting it into an ALF that required he meet a great deal of criteria. One of requirements was the submittal for a lamppost at the entrance to the drive. The 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida .]anuary 21, 2004 Building Inspector red tagged the property because in addition to the lamppost, there was a wall being erected that did not meet code. Mr. Blasie reported that the project started in 1996. The certificate of completion was issued March 8, 2001. During this time, there were residents frequently residing at the property, which resulted in the red tag for occupying a structure prior to the issuance of an occupancy permit. In order for Mr. St. Juste to appear before the Board tonight, he had to get the permit signed off and obtain a certification of completion. There also was a non-permitted storage shed in the backyard. During all the time that Mr. St. Juste tried to convert the property to an ALF, when it was finally completed, a next-door neighbor had already become a licensed ALF. The City's zoning ordinance prohibits having two ALF's within a certain distance of each other. Therefore, Mr. St. Juste consequently lost his ability to open an ALF because it took so long for him to complete the project. The respondent spent a great deal of money to save the shed instead of removing it. He hired an engineer and in accordance with the Building Department, it is one of the most expensive sheds in Boynton Beach. Mr. Blasie recommended that Mr. St. Juste only be charged administrative costs because of the great expense he incurred in bringing the property into compliance and not being able to open his business. Mr. Foot inquired if the property had been an eyesore during the time the respondent was renovating the property. Mr. Blasie stated that it was not an eyesore. Andre St. Juste, 925 Greenbriar Drive, Boynton Beach agreed with Mr. Blasie's synopsis of events. Chairman DeLiso asked Mr. St. Juste if he would be agreeable to being assessed only administrative costs if the Board so moved, which comes to $730.15. Mr. St. Juste said that it is not fair for him to pay anything. He stated that he was requested to put in a lamppost for visibility to cars entering the property. When he put in the lamppost, the Building Inspector told him that he needed a larger lamppost. He said that he followed all the instructions to get the lamppost in place in order for it to meet code. He thought that he had been cited because he built the lamppost without a permit, which was not the case. He had a permit issued by the City in 1996. Mr. St. Juste said that he spent over $60,000 to remodel the property and while all this was going on, the person next to him was issued a licensed for an ALF. Motion Based on the testimony and evidence presented in Case #99-3054, 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 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Chair Costantino moved that this Board reduce the fines instituted in Case #99-3054, by virtue of this Board's Order of February 16, 2000, to an amount of $0. Mr. Foot requested that the motion be amended to $730.15 for the administrative charges. Mr. Foot did not feel that it was the City's fault that the property was put into this situation. Mr. Rossi seconded the amended motion. Attorney Tolces pointed out that the maker of the original motion had to agree to the amendment. Vice Chair Costantino did not agree to the amendment. Chairman DeLiso called for a second on the original motion of $0 fine. The motion was duly seconded. Motion failed 2-5 (Mr. Foot, Ms. Shamblin, Mr. Miriana, Mr. Rossi, Ms. Cook dissenting). Mr. St. Juste pointed out that he performed the work with the proper permits and he should not have to pay any fines since he cannot open his business. He asserted that he totally cooperated with the City in bringing the property into compliance. Motion Based on the testimony and evidence presented in Case #99-3054, 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, Mr. Foot moved that this Board reduce the fines instituted in Case #99-3054, by virtue of this Board's Order of February 16, 2000, to an amount of $730.15, representing the administrative costs. Motion seconded by Mr. Miriana and carried 5-2 (Chairman DeLiso and Vice Chair Costantino dissenting). Chairman DeLiso explained that if Mr. St. Juste did not agree with the Board's decision, he has the opportunity to appeal to the City Commission. Mr. Blasie distributed a letter to Mr. St. Juste and the other applicants that explains the lien reduction process. He pointed out that there is a review period that allows the applicant or a City Commissioner to pull an item for a hearing before the Commission. Case #97-1136 Feriel Thessa/Silfa Jean-Louis 130 SW 9th Avenue Mr. Blasie presented the case and stated that the property was originally cited on February 24, 1997 for violation of the Community Appearance Code that involved a swale that needed grass. The case first came before the Board on June 18, 1997 and no one appeared. A compliance date of February 14, 1997 was set or be fined $25.00. The property complied on September 23, 1997 for a total fine of $1,750, plus administrative costs. There was a note in the file that Mr. Silfa came to the office on September 16, 1997 and stated that he had been out of the Country. At that time, Mr. Blasie explained the violations to him and Mr. Silfa said that he would bring the property into compliance as soon as possible and call for a re-inspection. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Mr. Blasie presented photos taken on June 16, 1997 and one taken today, which he first presented to the respondent and then to the Board. Jean-Louis Silfa, 130 SW 9th Avenue, Boynton Beach stated that when the City first sent him the notice of violation, he was out of the Country. When he returned to the Country, he received a certified letter and brought the property into compliance. He also stated that the property had been re-inspected, but he had been unaware that a lien had been place on the property until he tried to refinance the house. He pointed out that the property had been in compliance since 1997. He also stated that he was not sure of the process, otherwise he would have taken care of this. Motion Based on the testimony and evidence presented in Case #97-1136, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Miriana moved that this Board reduce the fines instituted in Case No. #97-1136, by virtue of this Board's Order of June 18, 1997, to an amount of $634.12, including administrative costs. Motion seconded by Mr. Foot and unanimously carried. Mr. Blasie reported that Case Nos. 95-3400 and 01-398 (Bernard and Madga Villard) are being removed from the agenda because they were not in total compliance. Motion Vice Chair Costantino moved to remove Case Nos. 95-3400 and 01-398 from the agenda. Motion seconded by Ms. Shamblin and unanimously carried. Case #01-3383 Karl Hoffman 626 NE 7th Avenue Mr. Blasie presented the case. The case was originally cited on December 11,2001 for violation of the Standard Building Code. The case came before the Board on February 20, 2002 and no one appeared. A compliance date of March 2, 2002 was set or be fined $25.00 per day. The property complied on November 25, 2003 for a total fine of $15,800, plus administrative costs. Mr. Blasie presented photographs taken today. Mr. Foot inquired what "permit intent" meant. Mr. Blasie explained that when a person submits plans and pulls a permit, the work must be done in accordance with the plan. Karl Hoffman, 1326 Lezak Road, Sealy, Texas explained that the violation resulted from putting in three windows that were not in the plans. The property involved major rehabilitation since the property was condemned property. Mr. Blasie explained that the respondent obtained a permit to remodel the property, and three windows were replaced that were not included on the permit. Chairman DeLiso inquired if the respondent received notification of the violation. Mr. Hoffman explained that during the remodeling process, his job relocated him to Sealy, Texas and he had someone trying to complete the project. The person watching the property for him stated that they never 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 received notification and Mr. Hoffman stated that he never received any notifications either. If he had known about it, he would have taken care of it, instead of letting $700 worth of windows turn into a $16,000 fine. Mr. Blasie pointed out that the respondent did not receive the mail, because the County had his address in Boynton Beach. Ms. Cook inquired how the respondent learned of the lien on the property. Mr. Hoffman was not certain and stated that he has been in contact with the Building Division and it may have been someone in that department that informed him of it. When he learned of the lien, he had his sister contact the City to determine the extent of the lien. Ms. Cook inquired if the property was vacant and Mr. Hoffman said that there are two people living at the property and he intends to sell it. Motion Based on the testimony and evidence presented in Case No. 01-3383, 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. 01-3383, by virtue of this Board's Order of February 20, 2002, to an amount of $250.00, including administrative costs. Motion seconded by Ms. Cook. Motion failed 3-4 (Mr. Foot, Mr. Miriana, Mr. Rossi and Ms. Shamblin dissenting). Motion Based on the testimony and evidence presented in Case No. 01-3383, 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, Mr. Foot moved that this Board reduce the fines instituted in Case No. 01-3383, by virtue of this Board's Order of February 20, 2002, to an amount of $634.12, including administrative costs. Motion seconded by Mr. Rossi. Motion carried 4-3 (Chairman DeLiso, Vice Chair Costantino and Ms. Cook dissenting). Case #01-2397 Gracie M. Denson 220 NW 6th Avenue Mr. Blasie presented the case. The respondent has two cases tonight. The property was originally cited on September 6, 2001 for violation of the Community Appearance Code. No one appeared at the October 17, 2001 hearing date. A compliance date of January 2, 2002 was set or be fined $25.00 per day. The property came into compliance on January 2, 2004 for a fine of $18,250, plus administrative costs. Mr. Blasie presented photographs taken on September 26, 2003, October 15, 2003, February 14, 2002 and two taken today. Mr. Blasie pointed out that the respondent did appear at the February 20, 2002 fine certification hearing date. The shed that was cited had been removed. The vehicle, however, was still present because it was her son's 12 MeeUng Minutes Code Compliance Board Boynton Beach, Florida .January 21, 2004 car, who was in prison, and she had problems getting it removed. Mr. Blasie also pointed out that the agenda indicates that Ms. Denson did not appear at the October 17, 2001 meeting, which is incorrect. She was also present at that meeting as well. Gracie Denson, 220 NW 6th Avenue, Boynton Beach, explained that the car belonged to her son who was in prison and he did not want her to get rid of it. She did not have the registration and, therefore, was unable to get a tag for it. When he returned home, her son registered the car and there is a new cover on it. There was another vehicle in the back yard that belonged to her daughter that she was unaware that the City also wanted removed as well. Eventually, her daughter had the car removed and they placed grass in the backyard where the car had been stored. Mr. Blasie confirmed that both cases involved vehicles and Ms. Denson took care of the other violations within the appropriate timeframe. Motion Based on the testimony and evidence presented in Case No. 01-2397, 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, Mr. Foot moved that this Board reduce the fines instituted in Case No. 01-2397, by virtue of this Board's Order of October 17, 2001, to an amount of $816.00 including administrative costs. Motion seconded by Ms. Cook. Motion carried 5-2 (Chairman DeLiso and Vice Chair Costantino dissenting). Case #03-1106 Gracie M. Denson 20 NW 6th Avenue Mr. Blasie presented the case. The case was originally cited on April 8, 2003 for violation of the Community Appearance Code that involved an unregistered, inoperable vehicle in the backyard, which has been removed. The sod on the west side of the driveway has been replaced. The case first came before the Board on August 20, 2003. A compliance date of September 19, 2003 was set or be fined $25.00 per day. The property complied on January 2, 2004 for a total fine of $2,600, plus administrative costs. This was the vehicle that belonged to the daughter that Ms. Denson mentioned in the previous case. The daughter removed the car and they placed sod along the driveway. Motion Based on the testimony and evidence presented in Case No. 03-1106, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Shamblin moved that this Board reduce the fines instituted in Case No. 03-1106, by virtue of this Board's Order of August 20, 2003, to an amount of $250, including administrative costs. Motion seconded by Ms. Cook. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida .lanuary 2:1., 2004 Mr. Miriana did not think that the respondent should be assessed an additional fine since the first case showed two vehicles. Vote The Recording Secretary called the roll and the motion carried 4-3 (Chairman DeLiso, Vice Chair Costantino and Mr. Miriana dissenting). Mr. Blasie pointed out that the case also involved grass. Case ~9-2799 Timothy & Earlene Ham 524 NW 9th Avenue Mr. Blasie presented the case. The property was originally cited on November 17, 1999 for violation of the Community Appearance Code and failure to obtain an occupational license for a single-family rental property. The case first came before the Board on February 16, 2000 and no one appeared. A compliance date of April 17, 2000 was set or be fined $25.00 per day. The property came into compliance on July 12, 2000 for a fine of $2,125, plus administrative costs. Mr. Blasie presented photographs taken on February 16, 2000 and June 21, 2000. The grass was in compliance on June 21, 2000, but the occupational license was still an issue. Mr. Foot asked about the status of the occupational license. Mr. Blasie responded that the respondent applied for an occupational license on May 17, 2000 and the license was obtained on July 19, 2000. Mr. Blasie stated that the compliance date should be corrected to July 19, 2000. Mr. Foot inquired if the property was occupied prior to the issuance of the occupational license and was informed that it was. He inquired if there were problems with the inspection and Mr. Blasie stated that there were and there were problems that Mr. Ham had to correct before coming to the Board. There were missing screens, soffit vents, broken windows, loose fixtures on the outside of the house and other items. The grass needed to be re-sodded in certain areas. Mr. Foot inquired if there were safety hazards to the tenants. Timothy Ham, 280 Lee Street, Merritt Island, Florida, said that when he received the letter that an occupational license was required, he was on vacation. When he found out about the letters, he went to the City and obtained the occupational license. He stated that he keeps repairing the property and the items keep disappearing. He did not know that he had a lien on the property until he tried to sell another lot of property that he owned. Motion Based on the testimony and evidence presented in Case No. 99-2799, and having been advised that the Respondent has complied with all lien reduction procedures set forth in 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 2:Z~ 2004 Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case No. 99-2799, by virtue of this Board's Order of February 16, 2000, to an amount of $730.15, including administrative costs. Motion seconded by Mr. Miriana and unanimously carried. Cases To Be Heard Case #03-3029: Property Address: Violation(s): David L. Levin & Tracey Briscuso 411 SW 9th Avenue FBC '01 Edition, BBA 104.1.1, 103.5 and 104.7.5. Please repair and obtain permits for unsafe electrical system. Also, permits are required for work being done; roof, plumbing, electrical. Four times the fee will be added Inspector Cain presented the case. The City recommends February 20, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 03-3029, Mr. Foot moved that this Board find that David L. Levin and Tracy Briscuso are in violation of the Florida Building Code '01 Edition, BBA 104.1., 103.5 and 104.7.5 of the City of Boynton Beach, and moved to order that the Respondents correct the violations on or before February 20, 2004. 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 February 20, 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. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-3154: Property Address: Violation(s): Jose Andres Elvir 11 NW 28th Avenue Chapter 15, Article IX-15-120 (A). Owners of all real property within the City shall not allow trees to extend over a street or sidewalk below height of ten feet (10'). Please trim trees. Inspector Guillaume presented the case. The City recommends a compliance date of January 31, 2004. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Motion Based on the testimony and evidence presented in Case No. 03-3154, Mr. Foot moved that this Board find that Jose Andres Elvir is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (A), and moved to order that the Respondent correct the violation on or before January 31, 2004. 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 January 31, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in orc~er to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-3239: Property Address: Violation(s): Richard Anthony 2600 NW 2nd Street Chapter 15, Article IX-15-120 Storage of unlicensed and vehicles is not allowed on property. (D) .lA. inoperable residential Inspector Guillaume presented the case. The City recommends a compliance date of January 31,2004. Motion Based on the testimony and evidence presented in Case No. 03-3239, Ms. Shamblin moved that this Board find that Richard Anthony is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) .lA, and moved to order that the Respondent correct the violation on or before January 31, 2004. 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 January 31, 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. Motion seconded by Mr. Foot and unanimously carried. Case #03-2522: Property Address: Violation(s): Bob Katz Properties 522 NE 4th Street FBC '01 Edition 104.1.1 and 105.6. You must obtain a permit to remodel your home and obtain an inspection. Inspector Laverdure presented the case. The City recommends a compliance date of February 20, 2004. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Motion Based on the testimony and evidence presented in Case No. 03-2522, Mr. Miriana moved that this Board find that Bob Katz Properties is in violation of the FBC '01 Edition 104.4.1 and 105.6 of the City Code of Ordinances and moved to order that the Respondent correct the violation on or before February 20, 2004. 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 February 20, 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 recommended that the fine be increased to $50.00 per day. Mr. Miriana amended his motion to $50.00 per day. Motion seconded by Ms. Cook and unanimously carried. Case #03-3015: Property Address: Violation(s): Marcellus J. Francois 408 NE ],th Avenue FBC '01 Edition BBA 104.1.1 and 105.6. City records indicate that a previous tenant had installed a mezzanine, stairs, offices and electrical without permits and inspections. You are required to get a permit for these items or remove them. Air compressor and air lines have been installed without permits. Please secure permit and inspection or remove them. Inspector Laverdure presented the case. The City recommends a compliance date of February 5, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3015, Mr. Foot moved that this Board find that Marcellus J. Francois is in violation of the FBC '01 Edition 104.4.1 and 105.6 of the City Code of Ordinances and moved to order that the Respondent correct the violation on or before February 5, 2004. 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 February 5, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida .January 21, 2004 Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-3099: Property Add ress: Violation(s): Richard M. Julylia, Jr. 201 NE 9th Avenue FBC '01 Edition BBA 104.1.1 and 105.6, Chapter 15-Article IX-15-120 (D) 1, Inc., PT 3- LDR, Chapter 20-VIII, Section 2A and 13- 16 B.B.C. of Ord. In order to obtain an occupational license the following repairs must be done on the house at 201 NE 9th Avenue-left side: screens on windows, both front and rear doors need seals; door on bathroom needs to be repaired; light in kitchen area needs repair; panel box not labeled and also overheats; refrigerator does not cool or freeze; counter top and drawers in kitchen need repair; need smoke detectors and fire extinguisher. Hot water heaters changed without permits - need permits and inspections. On right side - doors need to be sealed front and rear; smoke detectors - fire extinguisher. Panel box needs labeling. Electric in wall needs box. Grass needs to be a uniform green. Inspector Laverdure presented the case. The City recommends a compliance date of February 20, 2004. This is a first time violator and the property is under contract for sale. Motion Based on the testimony and evidence presented in Case No. 03-3099, Mr. Foot moved that this Board find that Richard J. Julylia, Jr. is in violation of the FBC '01 Edition 104.4.1 and 105.6, Chapter 15-Article IX-15-120 (D) 1, Inc.; PT 3-LDR, Chapter 20-VIII, Section 2.A.; and 13-16 B.B.C. of Ordinances and moved to order that the Respondent correct the violations on or before February 20, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed for each day the violation continues past February 20, 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. Motion seconded by Vice Chair Costantino and unanimously carried. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida .January 21~ 2004 Case #03-2852: Property Address: Violation(s): CNJ Realty, Inc. 2930 SE 2nd Street Section 13-16 B.B.C. of Ordinances and Chapter 15-Article IX-15-120 (D), Inc. Rental property requires a license and passing inspection. Remove all trash and debris. Restore all landscaping to meet code. Inspector Lewis presented the case. The City recommends a compliance date of February 20, 2004. Motion Based on the testimony and evidence presented in Case No. 03-2852, Vice Chair Costantino moved that this Board find that CNJ Realty, Inc.. is in violation of Section 13- 16 of the B.B.C. of Ordinances and Chapter 15, Article IX-15-120 (D), Inc. of the Code of Ordinances and moved to order that the Respondent correct the violation on or before February 20, 2004. 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 February 20, 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. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-2946: Property Address: Violation(s): Gia Marron 2642 SE 28th Circle B FBC '01 Edition 105.6. Please see "red tag" and obtain all inspections required to final permit #01-2890 Inspector Lewis presented the case. The City recommended a compliance date of February 20, 2004. Motion Based on the testimony and evidence presented in Case No. 03-2946, Vice Chair Costantino moved that this Board find that Gia Marron is in violation of the FBC '01 Edition 105.6 of the Code of Ordinances and moved to order that the Respondent correct the violation on or before February 20, 2004. 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 February 20, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #03-3115: Property Address: Violation(s): Thelmar and Jessie Patterson 536 NW 11th Avenue Chapter 15, Article IX-15-120 Remove all debris off property, tires. (D), Inc. including Inspector Pierre presented the case. The City recommended a compliance date of January 31,2004. Motion Based on the testimony and evidence presented in Case No. 03-3115, Mr. Miriana moved that this Board find that Thelmar and Jessie Patterson are in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120 (D), Inc. and moved to order that the Respondent correct the violation on or before January 31, 2004. 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 January 31, 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. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-3178: Property Address: Violation(s): Richard Parsons 435 W. Boynton Beach Boulevard Chapter 15, Article IX-15-120 (D), Inc. and FBC '01 Edition BBA 104.1.1. Sod bare spots in front yard. Obtain permit for fence. Inspector Pierre presented the case. The City recommended a compliance date of February 20, 2004. Mr. Foot questioned why Inspector Pierre used a different address. Inspector Pierre pointed out that the violation is at 309 NW 4th Street, but both parcels have the same parcel control number. Motion Based on the testimony and evidence presented in Case No. 03-3178, Vice Chair Costantino moved that this Board find that Richard Parsons is in violation of the FBC '01 Edition BBA 104.1.1 of the Code of Ordinances and moved to order that the Respondent correct the violation on or before February 20, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 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 February 20, 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. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-3193: Property Address: Violation(s): A. & Willie Mae Hankerson 320 NW 2nd Street Chapter 15, Article IX-15-120 (D), bare spots in yard and unregistered/inoperable vehicle yard Inc. Sod remove in back Inspector Pierre presented the case. The City recommended a compliance date of February 20, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3193, Vice Chair Costantino moved that this Board find that A. & Willie Mae Hankerson 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 Respondent correct the violation on or before February, 2004. 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 February 20, 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. Motion seconded by Ms. Cook and unanimously carried. Case #02-2948: Property Address: Violation(s): BJ's Wholesale Club, Inc. 1540 W. Boynton Beach Blvd. PT3-LDR, Chapter 4, Section 11 and Chapter 7.5-11, Section 5.B. Landscape to be maintained per your registered site plan. Inspector Roy presented the case. The City recommends a compliance date of February 20, 2004. Motion Based on the testimony and evidence presented in Case No. 02-2948, Mr. Miriana moved that this Board find that BJ's Wholesale Club, Inc. is in violation of PT-3, Land Development Regulations, Chapter 4, Section 11 and Chapter 7.5-11, Section 5.B of the 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 City Code of Ordinances and moved to order that the Respondent correct the violation on or before February 20, 2004. 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 February 20, 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 inquired why the case has been going on for such a long period of time. Inspector Roy stated that the respondents have been working with the City Forester, Kevin Hollihan to come into compliance. Inspector Roy stated that a representative of BJ's confirmed this today. He expects that the property will be in compliance within 30 days. Motion seconded by Ms. Cook and unanimously carried. Case #03-2807: Property Address: Violation(s): Ronald Benderson 4707 N. Congress Avenue PT3-LDR, Chapter 4, Section 11, Chapter 7.5-11, Section 5.B. Re-stripe faded areas. Replace missing handicap signs in area of Sal's Restaurant and shoe repair. Inspector Roy presented the case and stated that this was commercial property. The City recommends a compliance date of February 20, 2003. Motion Based on the testimony and evidence presented in Case No. 02-2807, Vice Chair Costantino moved that this Board find that Ronald Benderson is in violation of PT-3, Land Development Regulations, Chapter 4, Section 11 and Chapter 7.5-11, Section 5.B of the City Code of Ordinances and moved to order that the Respondent correct the violation on or before February 20, 2004. 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 February 20, 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. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-3052: Property Address: Knuth Gas & Oil, Inc. 3510 W. Boynton Beach Boulevard 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida .]anuary 21, 2004 Violation(s): FBC ' 01 Edition BBA 104.1.1. Canopies and banners are not permitted. Please remove permanently. Inspector Roy presented the case and stated that the property was commercial. Inspector Roy reported that he spoke to the owner who informed him that he is submitting plans for a permanent structure. The City recommends a compliance date of February 20, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3052, Mr. Foot moved that this Board find that Knuth Gas & Oil, Inc. is in violation of the FBC '01 Edition BBA 104.1.1 of the City Code of Ordinances and moved to order that the Respondent correct the violation on or before February 20, 2004. 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 February 20, 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. Motion seconded by Ms. Cook and unanimously carried. Case #03-3112: Property Address: Violation(s): FBBB LLC Vacant Lot-south of 1600 S. Federal Highway between the Intracoastal and U.S. Highway 1 Section 10-2 B.B.C. of Ordinances. Clean all trash and debris from property. Raise canopy of trees and bushes to a height of 6' around perimeter to a depth of 50' from property lines. Inspector Roy presented the case. The property was cited as the result of a complaint from a Congressman's office. The respondent is working on bringing the property into compliance and the City recommends a compliance date of February 20, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3112, Vice Chair Costantino moved that this Board find that FBBB LLC. is in violation of the Section 10-2 of the Boynton Beach Code of Ordinances and moved to order that the Respondent correct the violation on or before February 20, 2004. 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 February 20, 2004. The Respondent 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 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 Ms. Shamblin and unanimously carried. Case #03-3219: Property Address: Violation(s:) FIND MSA 635A Vacant Lot- between the Intracoastal and U.S. Highway 1 Section 10-2 B.B.C. of Ordinances. Clean all trash and debris from property. Raise canopy of trees and bushes to a height of 6' around perimeter for a depth of 50' from property line. Inspector Roy recommended that the case be tabled until February 18, 2004. Motion Vice Chair Costantino moved that Case No. 03-3219 be tabled until the Code Compliance Board meeting to be held on February 18, 2004. Mr. Foot pointed out that the City is trying to purchase this property and requested that the City Manager be informed of the case. Inspector Roy stated that the property should be in compliance within 30 days. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-3246: Property Address: Violation(s:) Boynton 26 Holdings, LLC. 1 Belmont Place PT3-LDR, Chapter 21-1, Section 5 and Chapter 21-11, Section 3. Banners are prohibited. Remove banners and obtain permits for proper signage from the Development Department. Inspector Roy presented the case. He has spoken to representatives of the property and they agreed to 30 days. They are in the process of converting the apartments into condos. Mr. Foot pointed out that this property had been previously cited several times. Inspector Roy stated that the property was re-cited because of new ownership. Ms. Shamblin questioned whether all the properties could be sold within 30 days. Inspector Roy responded that if the banners were not taken down, a fine would be assessed. Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Motion Based on the testimony and evidence presented in Case No. 03-3246, Vice Chair Costantino moved that this Board find that Boynton 26 Holdings, LLC. is in violation of the PT3-LDR, Chapter 21-1, Section 5 and Chapter 21-1, Section 31 of the Boynton Beach Code of Ordinances and moved to order that the Respondent correct the violation on or before February 20, 2004. 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 February 20, 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 recommended that the fine be increased to $50 since it was commercial property, to which Vice Chair Costantino would not agree. Motion seconded by Ms. Cook and carried 6-1 (Mr. Foot dissenting). Case #03-1146: Property Address: Violation(s:) Destine Christmas and Jeanne Destine 2209 NE 2nd Street FBC '01 ED 104.5. Permit #96-2517 expired. See copies of "red tags" and contact Building Division to resolve. Inspector Webb presented the case. The City recommends a compliance date of January 31,2004. Motion Based on the testimony and evidence presented in Case No. 03-1146, Mr. Foot moved that this Board find that Destine Christmas and Jeanne Destine are in violation of the FBC '01 Edition 104.5 of the Code of Ordinances and moved to order that the Respondents correct the violation on or before January 31, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondent, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed for each day the violation continues past January 31, 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. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-3245: Property Address: Dievonne C. Antoine 2041 NW 2nd Street 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Violation(s:) FBC '01 ED BBA 104.1.1. See copy of "red tag" dated December 11, 2003. Permit required for renovation. Inspector Webb presented the case. The City recommended a compliance date of January 31,2004. Motion Based on the testimony and evidence presented in Case No. 03-3245, Ms. Shamblin moved that this Board find that Dievonne C. Antoine is in violation of the FBC '01 Edition 104.1.1 of the Code of Ordinances and moved to order that the Respondent correct the violation on or before January 31, 2004. 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 January 31,2004. 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. Motion seconded by Vice Chair Costantino and unanimously carried. Lien Penalty Certifications Inspector Roy recommended that the fines in the following cases be certified in the amount of $25.00 per day: Page 40, Case #03-916, Henry L. Watson Page 41, Case #03-1941, Daniel R. Fuchs Page 43, Case #03-1745, Marie & Mereste Lubin Page 46, Case #03-2796, Cecil Edwards Page 48, Case #03-2280, Eleanor Mastroianni Page 52, Case #03-2728, New Haitian Alliance Case #03-916 Henry L. Watson 508 NW 9th Avenue Motion Based on the testimony and evidence presented in Case No. 03-916, 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 $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 Vice Chair Costantino and unanimously carried. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida .January 21, 2004 Case #03-1941 Daniel R. Fuchs 329 NW 7th Court Motion Based on the testimony and evidence presented in Case No. 03-1941, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated 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. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-1745 Marie & Mereste Lubin 2161 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case No. 03-1745, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated August 20, 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. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03~796 Cecil Edwards 408 SWl0th Avenue Motion Based on the testimony and evidence presented in Case No. 03-2796, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 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 Vice Chair Costantino and unanimously carried. Case #03-2280 Eleanor Mastroianni 103 NE 4th Avenue Motion Based on the testimony and evidence presented in Case No. 03-2280, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 2003, and having considered the gravity of the violations, the actions 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida .January 21, 2004 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 Vice Chair Costantino and unanimously carried. Case #03-2728 New Haitian Alliance 440 Hoadley Road Motion Based on the testimony and evidence presented in Case No. 03-2728, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 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 Vice Chair Costantino and unanimously carried. Inspector Roy recommended that the fines in the following cases be certified in the amount of $250.00 per day: Page 49, Case 03-2944, Dakota Lofts Development Corp. Page 50, Case 03-2945, Dakota Lofts Development Corp. Page 51, Case 03-3047, Dakota Lofts Development Corp. Case #03-2944 Dakota Lofts Dev. Corp. 3010 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case No. 03-2944, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 certify a fine in the amount of $250.00 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 Vice Chair Costantino and unanimously carried. Case #03-2945 Dakota Lofts Dev. Corp. 3010 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case No. 03-2945, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated December 17, 2003, and having considered the gravity of the violations, the actions 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 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 $250.00 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 Vice Chair Costantino and unanimously carried. Case #03-3047 Dakota Lofts Dev. Corp. 3010 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case No. 03-3047, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 certify a fine in the amount of $250.00 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 Vice Chair Costantino and unanimously carried. Inspector Roy recommended no fine in the following cases that have complied: Page 44, Case 03-2207, Jeannine Toussaint Page 42, Case 03-901, First Nationwide Mortgage Corp. Page 39, Case 03-685, Nathaniel Alexander Estate Page 47, Case 03-2239, Sharele L. Gillard Page 53, Case 03-2732, Martha Thomas Page 54, Case 03-3035, Levitt Commercial High Ridge Case #03-2207 Jeannine Toussaint 501 NE 15th Ave. Motion Based on the testimony and evidence presented in Case No. 03-2207, Mr. Foot moved that this Board find that the Respondent, Jeannine Toussaint, 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 October 15, 2003, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-901 First Nationwide Mtg. Corp. 2212 NE 2nd St. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 Motion Based on the testimony and evidence presented in Case No. 03-901, Mr. Foot moved that this Board find that the Respondent, First Nationwide Mortgage Corp., was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 13-16, 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 $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-685 Nathaniel Alexander Est. 229 NE 11th Ave. Motion Based on the testimony and evidence presented in Case No. 03-685, Mr. Foot moved that this Board find that the Respondent, Nathaniel Alexander Estate, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., Section 15-16, Chapter 15, Article IX-15-120 (E) 2A and FBC '01 Edition 104.1.1, 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 $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-2239 Sharele L. Gillard 431 NE 28th Court Motion Based on the testimony and evidence presented in Case No. 03-2239, Mr. Foot moved that this Board find that the Respondent, Sharele L. Gillard, 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 November 19, 2003, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-2732 Martha Thomas 2580 SW 14th Ct. Motion Based on the testimony and evidence presented in Case No. 03-2732, Mr. Foot moved that this Board find that the Respondent, Martha Thomas, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., subsequent to 3O Meeting Minutes Code Compliance Board Boynton Beach, Florida 3anuary 21, 2004 the date of compliance specified in this Board's Order of December 27, 2003, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-3035 Levitt Commercial High Ridge 100 Commerce Rd. Motion Based on the testimony and evidence presented in Case No. 03-3035, Mr. Foot moved that this Board find that the Respondent, Levitt Commercial High Ridge, was in violation of the PT 3 Land Development Regulations, Chapter 21 I., Section 5 and Chapter 21-11, Section 3 of the Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of December 17, 2003, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Inspector Roy recommended that the following case be tabled until the February 18, 2004 meeting: Page 38, Case 02-3230, George & Yvette Williams Case #02-3230 George & Yvette Williams 110 NE 27th Avenue Motion Mr. Foot moved that Case No. 02-3230 be tabled until the Code Compliance Board meeting to be held on February 18, 2004. Motion seconded by Ms. Shamblin and unanimously carried. VII. Items for Discussion Mr. Blasie reported on the Albury case involving God's Kitchen that serves food to needy people. Inspector Cain and the CDC assisted the Albury family in getting their property cleaned-up and Mr. Blasie commended Inspector Cain and the CDC for their assistance. Chairman DeLiso announced that the Board has received an invitation from the CDC Faith Based Organization for their annual dinner at a cost of $100 per ticket or $700 per table. Anyone wanting to attend should contact him. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2004 VIII. Adjourned There being no further business, the meeting properly adjourned at 9:25 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (January 23, 2004) 32