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Minutes 02-18-04Mt'NUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETI'NG HELD TN COMMt'SSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOR/DA ON WEDNESDAY, FEBRUARY 18, 2004 AT 7:00 P.M. Present Chris DeLiso, Chairman Michele Costantino, Vice Chair Robert Foot Brenda Shamblin Kathleen Carroll, Alternate Kathy Cook, Alternate Absent David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code :Inspectors: Courtney Cain Luney Guillaume Skip Lewis Richard Laverdure Nike Melillo Vestiguerne Pierre Pete Roy Willie Webb ,1ames IVliriana Enrico Rossi Dr. David Rafkin I. Call to Order Chairman DeLiso called the meeting to order at 7:00 p.m. IT. Approval of Minutes of .lanuary 21, 2004 Minutes Mr. Foot moved to approve the minutes of .lanuary 21, 2004. Vice Chair Costantino seconded the motion that carried 6-0. III. Approval of Agenda Inspector Melillo requested that the following changes be made to the agenda: Page 1:[, Case No. 03-3:~00, Tangiers Development, LLC, removed Page 18, Case No. 03-3:~09, Maria Velez, complied Page 20, Case No. 03-3321, American Latin Market, :[nc., removed Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Page 43, Case No. 95-3400, Villard & Magda Bernard, removed Page 44, Case No. 01-398, Villard & Magda Bernard, removed Page 49, Case No. 03-971, W.R. & Ethel McCormick, removed Motion Vice Chair Costantino moved to approve the agenda as amended. the motion that carried 6-0. Ms. Carroll seconded III. Swearing in of Witnesses and Introduction The Recording Secretary administered the oath to all persons who would be testifying. Inspector Melillo called the roll and requested that those persons present respond by answering, "here." Chair DeLiso explained the plea system. IV. New Business A. Cases to be Heard Case #03-3113 Property Address: Violation(s): Joseph A. Jean 141 S.E. 13th Avenue 13-16 B.B.C. of Ord; PT3- LDR. CH20-VIII.SEC2.A & 2B Occupational license required to rent house. Repair all electric. Outlets must be in good working order. House must be weatherproof, rodent and insect proof, and in good repair. Inspector Cain asked the Board to table Case No. 03-3113 until April 21, 2004. Motion Mr. Foot moved to table Case No. 03-3113 until April 21, 2004. Vice Chair Costantino seconded the motion that carried 6-0. Case #03-3232 Property Address: Violation(s): Robin Cogas 106 N.E. 4th Avenue FBC 2001 ED BBA 104.1.1 and 105.6 2 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Permit and inspection required to remodel property. Inspector Laverdure reported that this property had been cited initially on December 10, 2003 as a result of a routine inspection of the neighborhood. Written notice was given to the Parkers. Mike Parker, 502 Sunshine Drive, Delray Beach, Florida, pled no contest and stated that he was Ms. Cogas' husband. Mr. Parker stated that they were working with a contractor and the improvements should be completed in one month. The application for the permit should be finished and put in within 30 days. Motion Based on the testimony and evidence presented in Case No. 03-3232, Mr. Foot moved that this Board find that Robin Cogas is in violation of the FBC 2001 ED BBA 104.!.! and !05.6, and moved to order that the Respondent correct the violation on or before March !9, 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 !9, 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. The motion was seconded by Vice Chair Costantino and carried 6-0. Case #03-2078 Property Address: Violation(s): Renan Laurore 504 N.W. 12m Avenue FBC '01 ED 104.1.1 and 13-16 BBC of Ord. Permit required for repair or replacement of any electrical, gas, mechanical, or plumbing system. Also, an occupational license is required for rental property. l!nspector Pierre reported that this was a multi-family property. The violation was originally given on .luly !1, 2003. Proof of service was obtained on November 25, 2003 and also January 2!, 2004. The case came to light as a result of a routine inspection of the neighborhood. Renan Laurore, 12411 Summit Spring Drive, Boynton Beach, stated that he did not live in the property. He pled no contest and asked for 90 days. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 [nspector Pierre agreed that the respondent had a lot of work to do and thought that 90 days was a reasonable period of time in which to do it. Motion Based on the testimony and evidence presented in Case No. 03-2078, Vice Chair Costantino moved that this Board find that Renan Laurore is in violation of the FBC 200! ED Section 104.1.1 and Section 13-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before May 18, 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 May 18, 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. The motion was seconded by Mr. Foot and carried 6-0. Case #03-3171 Property Address: Violation(s): Barbara A. Phillips 2051 N.W. 2nd Court CH15-ART. IX-15-120 (D) I INC. Sod all bare areas in yard and swale. Remove all loose trash and debris. Inspector Webb reported that this was a single-family property. posted on 3anuary 15, 2004. The violation was discovered neighborhood inspection. The property was through a routine .lames Phillips, 2051 N.W. 2nd Court~ Boynton Beach, pled no contest and asked for 90 days. He stated that he was the son of Ms. Barbara Phillips, who had recently passed away. Motion Based on the testimony and evidence presented in Case No. 03-3171, Ms. Shamblin moved that this Board find that Barbara A. Phillips is in violation of the City of Boynton Beach Code of Ordinances Chapter 15, Article :[X-15-120 (D) i Inclusive, and moved to order that the Respondent correct the violation on or before May 18, 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 May 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Costantino and carried 6-0. Old Business A. Lien Penalty Certification Case #03-2496 3oseph A. 3ean 141 S.E. 13th Avenue Inspector Cain reported that the notice of violation date was September 4, 2003 for a Building Code violation. A Code Compliance Board hearing was held on October 15, 2003 and Mr..lean appeared. The Board set a compliance date of October 14, 2003 and proposed a fine of $25.00 per day. The violation still exists. The City recommended that the case be tabled until April 21, 2004. Motion Vice Chair Costantino moved to table Case No. 03-2496 until April 21, 2004. seconded the motion that carried 6-0. Mr. Foot Case #03-824 Thomas Vilius 125 N.W. 4th Avenue Inspector Pierre stated that the notice of violation date was March 21, 2003 for Building Code issues. A Code Compliance Board hearing was held on May 21, 2003 and Mr. Villius appeared. The Board set a compliance date of August 20, 2003 and proposed a fine of $25.00 per day. The violation still exists. Thomas Vilius, 125 N.W. 4th Avenue, Boynton Beach, explained that he had inherited a Code violation from two owners before him. The issue is a carport enclosure, for which a permit was applied at one time. The issue now is that it needs an engineer to confirm that the enclosure meets Code. Chair DeLiso asked Inspector Cain if the Faith-Based Development Corporation could help, and although it was outside of its normal purview, Inspector Cain stated that he would try to help by getting the word out that someone was needed to do this and by directing Mr. Villus to some people that might be able to help. Mr. Blasie stated that he had no problem with tabling the case for 90 days in order to give Mr. Villus time to find an engineer he could afford, as long as Mr. Villus realized that it would have to be taken care of eventually. Mr. Villus stated that he understood this. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Motion Vice Chair Costantino moved to table Case No. 03-824 until the Code Compliance Board hearing of May 19, 2004. Ms. Shamblin seconded the motion that carried 6-0. Mr. Vilius stated that the title company said they could not help. Ms. Shamblin suggested that his mother, who is age 62, could contact Legal Aid in West Palm Beach or Delray Beach and speak with Ms. Bonnie Cohen. Ms. Cohen would speak with them about getting an attorney appointed to assist them with the title issue. Case #03-2525 Roy & Annie Farley 555 N.W. 9th Avenue Tnspector Pierre reported that this property had been cited on September 10, 2003 for violations of the Community Appearance Code and Sections 10-2 and 10-3 of the Boynton Beach Code of Ordinances. Auto repair in a residential district is part of the issue. A Code Compliance Board hearing was held on November 19, 2003 and no one appeared. The Board set a date for compliance of December 19, 2003 and proposed a fine of $100.00 per day. The violation still exists. Roy Farley, 555 N.W. 9th Avenue, Boynton Beach, stated that if he fixes a car for someone that lives with him, that this would be allowable. He stated that he did not fix anyone else's vehicles. He acknowledged that there was some work to do by way of cleaning up his property. Mr. Blasie stated that the Code did not allow major auto repair in a residential zone. Major auto repair would be body, transmission, or drive train work. Mr. Farley contended that it was his property, and he could do the auto repairs for his children on his property. Mr. Foot reminded Mr. Farley that if the Board certified the fine at $100 per day, he would already owe the City about $6K. Mr. Farley stated that he had not previously known that it was not allowed to work on cars on one's own property. Motion Based on the testimony and evidence presented in Case No. 03-2525, Vice Chair Costantino moved that this Board find that the Respondents have not complied with this Board's Order dated 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. Ms. Shamblin seconded the motion that passed 6-0. Chair DeLiso advised Mr. Farley that the City was going to place a lien on his property until he complied with the Code by removing all auto repair equipment. Once the property is in compliance, he advised Mr. Farley to contact the City and ask for a lien Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 reduction. Mr. Blasie advised Mr. Farley that he should clean up his back yard and stay in contact with Inspector Pierre so he could monitor Mr. Fadey's progress. C. Lien Reductions Case #03-549 Dievonne C. Antoine 2041 N.W. 2nd Street Mr. Blasie reported that this property had been cited on February 21, 2003 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on May 21, 2003 and no one appeared. The Board set a compliance date of June 20, 2003 and proposed a fine of $100.00 per day. The property came into compliance on November 2, 2003. The accumulated fine is $13,500.00 plus administrative costs of $730.15. Mr. Blasie showed some photographs of the property to the Respondent and to the Board. The Board wanted to know why the violations were not brought into compliance earlier. Dievonne C. Antoine, 2807 Hiawatha Avenue, West Palm Beach, stated that they had difficulties with the tenant and were not aware of any Code problems until late last year. By that time, the fine had already accumulated to several thousand dollars. They went through the eviction process and the judge advised that they could not work with the property until the tenant was out. He evicted the tenant in November and it took months to get him out. He showed the Board the eviction paperwork. In response to questions from the Board, Mr. Blasie stated that the Code notices had been sent to Mr. Antoine at 2041 N.W. 2nd Street and since he was not residing there, he did not see the notices. Mr. Antoine stated that he did have an occupational license to rent the property. Mr. Foot thought that there were extenuating circumstances, but that the tenant could have acted sooner with the tenant before the relationship went bad. t4otion Based on the testimony and evidence presented in Case No. 03-549, 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. 03-549, by virtue of this Board's Order of May 21, 2003, to an amount of $730.15 including administrative costs. Ms. Shamblin seconded the motion that carried 6-0. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Case #99-1853 3ohn W. Burns 135 S.W. Ist Avenue Mr. Blasie reported that this property had been cited on .~uly 26, 1999 for an occupational license that was needed for a rental property. He noted that Mr. Burns had gotten a lien reduction in the recent past and Mr. Burns was under the impression that this lien reduction had taken care of any outstanding problems. Mr. Burns did not realize that he had a lien on another piece of property. The Code Compliance Board met on November 17, 1999 and no one appeared. The Board set a compliance date of February 14, 2000 and proposed a fine of $25.00 per day. The property came into compliance on January 24, 2001. The accumulated fine is $8,600.00 plus administrative costs of $634.12. John Burns, 219 Boynton Beach Boulevard, Boynton Beach, took a seat at the front of the meeting room since he is in ill health and not able to stand before the microphone. Mr. Burns said that the person he had purchased this property from had told him that there had been an occupational license, but the City had discontinued it. Mr. Burns had a heart attack in 1999. He did receive some letters from the City but due to his heart attack and memory loss, he was not clear about their importance. He admitted that he had not come to the meeting, but said he felt the City knew what was going on. He plans to sell this house and get out of rentals altogether, since his health is not good. Mr. Foot thought that the administrative charges of $634.12 would be in order in this case. Motion Based on the testimony and evidence presented in Case No. 99-1853, 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. 99-1853, by virtue of this Board's Order of November 17, 1999, to an amount of $634.12 including administrative costs. Ms. Shamblin seconded the motion that carried 6-0. Case #98-1219 Helen M. Hagen/3ason Fink 3307 Fernwood Drive Mr. Blasie stated that there were two liens on this property. The property was cited on March 23, 1998 for violations of the Community Appearance Code. The property owner at the time it was cited was Helen M. Hagen. The applicant before the Board this evening was Jason Fink. A Code Compliance Board hearing was held on May 17, 2000 and no one appeared. The Board set a compliance date of September 18, 2000 and proposed a fine of $25.00 per day. The property came into compliance on February 13, 2004. The accumulated fine is $31,050.00 plus administrative costs of $730.15. Ms. 8 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Hagen was not able to take care of her property. Mr. Fink cleaned it up considerably. Mr. Blasie showed the Board some before and after photographs of the property. .lason Fink, 6875 Willow Creek Run, Lake Worth, stated that he did not live in the property yet although he and his wife planned to do so. When he purchased the property, he knew of the liens and the amount of work to be done, and had been working diligently to bring the property into compliance. He took possession of the property in November of 2003. Motion Based on the testimony and evidence presented in Case No. 98-1219, 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. 98-1219, by virtue of this Board's Order of May 17, 2000, to an amount of $730.15 including administrative costs. Ms. Cook seconded the motion that carried 6-0. Case #00-2054 Helen M. Hagen/Jason Fink 3307 Fernwood Drive Mr. Blasie said that the same testimony applied in this case as that in the previous case at the same address. The violation was to repair the roof and remove a pole structure on the north side of the carport. The accumulated fine in this case is $28,775.00 plus $730.15 in administrative costs. Mr. Fink stated that he had been borrowing money from everyone to finish the repairs on this house. He was strapped for money. He was still trying to get the money, and would appreciate any reduction in fine that the Board could provide. Mr. Blasie stated that since one case followed the other, it could be assumed that the administrative costs were overlapping or redundant. Motion Based on the testimony and evidence presented in Case No. 00-2054, 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. 00-2054, by virtue of this Board's Order of November 15, 2000, to an amount of $730.15 including administrative costs. Ms. Cook seconded the motion that carried 5-2, V/ce Cha/r Mr. Blasie stated that the Board might not have been aware of the amount of money that the Respondent had spent to bring the house into compliance. He has spent approximately $27,000 to date including the roof, trees, and landscaping. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 V. New Business Cases to be Heard (continued) Case #03-3007 Eliza L. Albury Property Address: 204 N.E. 13th Avenue Violation(s): CH15-ART.IX-15-120 (D) I INC. Sod all bare spots in yard. Remove all debris, refuse, trash that would attract animals, insects, or vermin and also remove any furniture, appliances, cans, or containers scattered over the property. :Inspector Laverdure recommended that the Board table this case until April 21, 2004. Motion Mr. Foot moved to table Case No. 03-3007 until the Code Compliance Board meeting on April 21, 2004. Vice Chair Costantino seconded the motion that carried 6-0. Case #03-2123 Ridgepointe Woods No. Assn. Inc. Property Address: 23 Ridgepointe Drive Violation(s): PT3-LDR.CH7.5-II. Sec 5.B. Removal of ficus trees from common area without a permit. Inspector Lewis recommended that the City table Case No. 03-2123 until April 21, 2004. I~lotion Mr. Foot moved to table Case No. 03-2123 until the Code Compliance Board meeting on April 21, 2004. Vice Chair Costantino seconded the motion that carried 6-0. Case #03-3219 Property Address: Violation: F.I.N.D. f4SA 635A Vacant lot between Intracoastal and US Highway 1 10-2 BBC of Ord. Clean all trash and debris from property. Raise canopy of trees for a depth of 50 feet from property line. ]:nspector Roy recommended that the Board table this case until April 21, 2004. 10 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Motion ¥ice Chair Costantino moved to table Case No. 03-3219 until the Code Compliance Board meeting on April 21, 2004. Ms. Cook seconded the motion that carried 6-0. Case #03-1560 Property Address: Violation(s): Veoletta Wright/Samuel Wright 123 N.E. 15m Avenue 13-16 B.B.C. of Ord; CH15-ART.:[X- 15-120 (D) 1 ZNC. Inspector Webb reported that this property had been cited on October 10, 2003. The City recommended a compliance date of March 19, 2004. Mr. Foot inquired as to whether this was the same property that received a violation the previous year, and Inspector Webb so confirmed. Motion Based on the testimony and evidence presented in Case No. 03-1560, Mr. Foot moved that this Board find that Veoletta Wright and Samuel Wright are in violation of Section 13-16 and Chapter 15, Article IX-15-120 (D) ! Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violation on or before March 19, 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 $50.00 per day, plus administrative costs, shall be imposed for each day the violation continues past March 19, 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. The motion was seconded by Vice Chair Costantino and carried 6-0. Case #03-3250 Property Address: Violation(s): Stewart A. Houghtaling 222 S.E. 4th Avenue 10-2 B.B.C. of Ord. Mow overgrown yard. Inspector Cain stated that this property had been cited on December 15, 2003. Service was accomplished by posting. The City recommended a compliance date of February 28, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3250, Ms. Shamblin moved that this Board find that Stewart A. Houghtaling 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 violation on or before February 28, 2004. The Board has 11 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 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 28, 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. The motion was seconded by Ms. Cook and carried 6-0. Case #03-3274 Property Address: Violation(s): za Hauck 116 S.E. 7th Avenue 13-16 B.B.C. of Ord; FBC '01 ED BBA 104.1.1 A permit is required to install fence. Also, an occupational license is required to rent house. Inspector Cain reported that the property owner, Ia Hauck, lives at 8 Hudson Avenue in Boynton Beach. The City recommended a compliance date of March 19, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3274, Vice Chair Costantino moved that this Board find that Ta Hauck is in violation of Section 13-16 of the B.B.C. of Ordinances, and the Florida Building Code 2001 Edition, Boynton Beach Amendment 104.1.1, and moved to order that the Respondent correct the violation on or before March 19, 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 19, 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. The motion was seconded by Ms. Shamblin and carried 6-0. Case #03-3300 Property Address: Violation(s): Michael King 3130 Orange Street PT3LDR. CH20-VTTT. 1.G.TNC. Vacant house unsecured. Secure all doors and windows to prevent unauthorized entry and vandalism. Inspector Guillaume reported that this was a single-family property. The City recommended a compliance date of February 28, 2004. 12 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Ms. Shamblin inquired whether there were life and safety issues, and :[nspector Guillaume replied that there were. Motion Based on the testimony and evidence presented in Case No. 03-3300, Mr. Foot moved that this Board find that Michael King is in violation of Part 3 of the Land Development Regulations, and Chapter 20, V:Z:[:Z.i.G. ~[nclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before February 28, 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 $100.00 per day, plus administrative costs, shall be imposed for each day the violation continues past February 28, 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. The motion was seconded by Ms. Shamblin and carried 6-0. Case #03-3312 Property Address: Violation(s): Udrica Banks 116 Arthur Court CH15-ART.];X-15-120 (D). lA Storage of unlicensed vehicles :Inspector Guillaume reported that this was a single family, and Homesteaded. The City recommended a compliance date of February 28, 2004. Hotion Based on the testimony and evidence presented in Case No. 03-3312, Ms. Shamblin moved that this Board find that Udrica Banks is in violation of Chapter 15, Article IX-15- 120 (D). lA of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before February 28, 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 28, 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. The motion was seconded by Mr. Foot and carried 6-0. Case #03-1893 Property Address: Violation(s): Peniel Evangelical Alliance 515 N.E. 3rd Street CH15-ART.];X-15-120 (D) and CH23-ART T];.O. I ];NC. 13 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Mow and deweed property. Trim all trees. Re-stripe parking lot and handicap areas. Pick up any trash and debris. Inspector Laverdure reported that the owner of record was the Evangelical Alliance Church, 548 S.E. Cortez Lane, Delray Beach, Florida. It was cited for violations of the Community Appearance Code. The City recommended a compliance date of April 18, 2004. Motion Based on the testimony and evidence presented in Case No. 03-1893, Mr. Foot moved that this Board find that Peniel Evangelical Alliance are in violation of Chapter 15, Article [X-15-120 (D) ! :Inclusive and Part 3 of the Land Development Regulations, Chapter 23, Article :[:[.O. of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violation on or before April 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, 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 18, 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. The motion was seconded by Ms. Shamblin and carried 6-0. Case #03-3288 Property Address: Violation(s): Lorraine A. Simon 121 N.E. 4th Avenue 13-16 B.B.C. of Ord; CH15-ART.IX- 15-120 (D) 1 INC. Occupational license required. Pick up trash and debris. Install sod. Define driveway. Repair front door. Inspector Laverdure reported that the owner lives at 4020 West Palm Air Drive in Pompano Beach. The City recommended a compliance date of March 19, 2004. Hotion Based on the testimony and evidence presented in Case No. 03-3288, Vice Chair Costantino moved that this Board find that Lorraine A. Simon is in violation of Chapter 15, Article :[X-15-120 (D) I :Inclusive and Section 13-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violation on or before March 19, 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 14 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past March 19, 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. The motion was seconded by Ms. Shamblin and carried 6-0. Case #04-85 Property Address: Violation(s): Nellie G. Berry 122 N.E. 6th Avenue CH15-ART. IX-15-120 (D) I i~NC. Register and make operable red car in backyard or remove it from property. Inspector Laverdure reported that this property had been cited on January 14, 2004 for Community Appearance Code violations. The City recommended a compliance date of February 28, 2004. Motion Based on the testimony and evidence presented in Case No. 04-85, Ms. Shamblin moved that this Board find that Nellie G. Berry is in violation of Chapter 15, Article IX- 15-120 (D) 1 Tnclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before February 28, 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 28, 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. The motion was seconded by Vice Chair Costantino and carried 6-0. Case #03-3258 Property Address: Violation(s): Kenneth W. Brown Trust 2300 High Ridge Road FBC'01 ED BBA 104.1.1 Red Tag for signs Inspector Melillo reported that this property had been cited through a Red Tag from the Building Division for an illegal sign. The City recommended March 4, 2004 for compliance. Motion Based on the testimony and evidence presented in Case No. 03-3258, Vice Chair Costantino moved that this Board find that Kenneth W. Brown Trust is in violation of the 15 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Florida Building Code 2001 Edition Boynton Beach Amendment 104.1.1, and moved to order that the Respondent correct the violation on or before March 4, 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 March 4, 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. The motion was seconded by Ms. Shamblin and carried 6-0. Case #03-3333 Property Address: Violation(s): West Ocean Boulevard Trust 566 W. Ocean Avenue CH15-ART.IX-15-120 (D) TNC. and Section 10-2 of the B.B.C. of Ord. Mow grass, weeds, and trim lot and swale. Remove unregistered/inoperable vehicle. i[nspector Melillo stated that this was a vacant lot. :It was cited for Community Appearance Code Violations and the City recommended a compliance date of March 4, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3333, Ms. Shamblin moved that this Board find that West Ocean Boulevard Trust is in violation of Section 10-2 and Chapter 15, Article :[X-15-120 (D) :[nclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before March 4, 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 ii: 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 4, 2004. The Respondent is further ordered to contact the Cib/of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Costantino and carried 6-0. Case #03-3248 Property Address: Violation(s): Henschel Ben Trust 402 N.W. 3~ Street CH15-ART. IX-15-120 (D) INC. Repair driveway and sod bare spots in yard. 16 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Inspector Pierre reported that this property had been cited initially on December 15, 2003. The address of record for the owner is 700 W. Hillsboro Boulevard, Deerfield Beach, Florida. It is a single-family home. The City recommended a compliance date of March 19, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3248, Vice Chair Costantino moved that this Board find that Henschel Ben Trust is in violation of Chapter 15, Article :[X-15-120 (D) :Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before March 19, 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 19, 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 veri~ compliance with this Order. The motion was seconded by Mr. Foot and carried 6-0. Case #03-2971 Property Address: Violation(s): Faisal M. Hassan 2111 N.E. 3rd Street FBC '01 ED 104.1.1, BBA FBC'01 104.7.5 Red Tag - Work before issuance of permit Inspector Webb reported that this property had been cited for violations of the Building Code through a Red Tag from the Building Division. This was a single family home that had two kitchens in it. The City recommended that the owner demolish the house. Ms. Shamblin asked if the house were an issue, and Tnspector Webb replied that it was not. Motion Based on the testimony and evidence presented in Case No. 03-2971, Ms. Shamblin moved that this Board find that Faisal M. Hassan is in violation of the Florida Building Code 2001 Edition 104.1.1 and 104.7.5, Boynton Beach Amendments, and moved to order that the Respondent correct the violation on or before March 19, 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 19, 2004. The Respondent is further ordered to contact the City of Boynton 17 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Costantino and carried 6-0. Case #03-3170 Property Address: Violation(s): First Union Mortgage Corp. 2050 NW. 2nd Court CH15-ART.]:X-15-120 (D).IA and 15-16 of B.B.C. of Ord. Remove inoperable and unregistered vehicle. Place house number on building. Inspector Webb reported that this property had been cited originally on December 2, 2003. The violation still exists. The City recommended a compliance date of February 28, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3170, Mr. Foot moved that this Board find that First Union Mortgage Corporation is in violation of Chapter 15, Article :[X-15-120 (D) lA and Section 15-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before February 28, 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 28, 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. The motion was seconded by Ms. Shamblin and carried 6-0. Lien Penalty Certifications (continued) Inspector Me/l/lo recommended that the fo/lowing cases be tab/ed unt# March 17, 2004: Case #03-0951, Page 24 Case #03-2654, Page 28 Case #03-1849, Page 30 Case #03-0951 Dennis F. Shelmerdine 111 S.W. 10th Avenue Motion Vice Chair Costantino moved to table Case No. 03-095:[ until March 17, 2004. Mr. Foot seconded the motion that carried 6-0. 18 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Case #03-2654 Darcelin Larousse 121 S.W. 4m Avenue Motion Vice Chair Costantino moved to table Case No. 03-2654 until March 17, 2004. Mr. Foot seconded the motion that carried 6-0. Case #03-1849 Raymond Cedieu 135 Flamingo Drive Motion Vice Chair Costantino moved to table Case No. 03-1849 until March 17, 2004. Mr. Foot seconded the motion that carried 6-0. Inspector Me/l/lo recommended that the fo/lowing cases be tab/ed unt# April 21, 2004: Case #03-2152, Page 26 Case #03-2848, Page 41 Case #03-2152 Premier Gateway Center at Quantum 2051 High Ridge Road Motion Ms. Shamblin moved to table Case No. 03-2152 until Costantino seconded the motion that carried 6-0. March 17, 2004. Vice Chair Case #03-2848 Roosevelt Baldon Motion Ms. Shamblin moved to table Case No. 03-2848 until Costantino seconded the motion that carried 6-0. 1481 N.W. 3rd Street March 17, 2004. Vice Chair Inspector Me/i/lo recommended that the fines/n the fo/lowing cases be certified/n the amount of $2~. O0 per day: Case #03-2926, Page 32 Case #03-2697, Page 40 Case #03-2860, Page 42 Case #03-2926 Michael King 2491 N. Seacrest Boulevard Motion Based on the testimony and evidence presented in Case No. 03-2926, Vice Chair Costantino 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 19 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 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 Ms. Shamblin and carried 6-0. Case #03-2697 Ohio Savings Bank 1623 N.E. 3rd Court Motion Based on the testimony and evidence presented in Case No. 03-2697, Vice Chair Costantino 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 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 Ms. Shamblin and carried 6-0. Case #03-2860 .luan M. Pascual & 437 N.E. 16th Avenue Lucas Cano Motion Based on the testimony and evidence presented in Case No. 03-2860, Vice Chair Costantino moved that this Board find that the Respondents have not complied with this Board's Order dated December 17, 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 Ms. Shamblin and carried 6-0. Inspector Pie/i/lo recommended that the fines in the fo/lowing cases be certified in the amount of $100. O0 per day: Case #03-2692, Page 27 Case #03-1097, Page 29 Case #03-2692 Grady L. Frederick 1413 N. Seacrest Boulevard ,.Motion Based on the testimony and evidence presented in Case No. 03-2692, Vice Chair Costantino 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 2O Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify a fine in the amount of $100.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and carried 6-0. Case #03-1097 Gloria Venegas 154 S. Palm Drive Motion Based on the testimony and evidence presented in Case No. 03-1097, Vice Chair Costantino 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 $100.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and carried 6-0. Inspector ~lelillo recommended No Fine in the fo/lowing cases that have complied: Case #03-2535, Page 31 Case #03-2:[62, Page 34 Case #03-2828, Page 36 Case #03-292:[, Page 37 Case #03-1600, Page 38 Case #03-2:[92, Page 39 Case #03-2535 Leon 3enkins 250 N. Palm Drive Motion Based on the testimony and evidence presented in Case No. 03-2535, Ms. Shamblin moved that this Board find that the Respondent, Leon .lenkins, was in violation of the City of Boynton Beach Code Sections :[3-16 and Chapter :[5, Article :[X-:[5-:[20 (D) :[.E, subsequent to the date of compliance specified in this Board's Order of November :[9, 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 carried 6-0. 21 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 Case #03-2162 Windsor Compas 818 NiW. 4th Street Motion Based on the testimony and evidence presented in Case No. 03-2162, Ms. Shamblin moved that this Board find that the Respondent, Windsor Compas, was in violation of the Florida Building Code, 2001 Edition 104.5, 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 carried 6-0. Case #03-2828 Lloyd Taylor Tr 559 N.W. 9th Avenue Motion Based on the testimony and evidence presented in Case No. 03-2828, Ms. Shamblin moved that this Board find that the Respondent, Lloyd Taylor Trust, was in violation of the City of' Boynton Beach Code Sections Chapter 15, Article TX-15-120 (D) ]:nclusive, 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 carried 6-0. Case #03-2921 Shawn Maesel 407 N.W. 13th Avenue Motion Based on the testimony and evidence presented in Case No. 03-2921, Ms. Shamblin moved that this Board find that the Respondent, Shawn Maesel, was in violation of the City of Boynton Beach Code Sections 13-16 and Chapter 15, Article IX-15-120 (D) Tnclusive, 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 carried 6-0. Case #03-1600 Gaspar Tomas 302 N.E. 20m Avenue Motion Based on the testimony and evidence presented in Case No. 03-1600, Ms. Shamblin moved that this Board find that the Respondent, Gaspar Tomas, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article ]:X-15-120 (D) I Inclusive, 22 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida February 18, 2004 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 carried 6-0. Case #03-2192 Debborrah D. Washington 1950 N.W. Ist Street Motion Based on the testimony and evidence presented in Case No. 03-2192, Ms. Shamblin moved that this Board find that the Respondent, Debborrah D. Washington, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1 Inclusive, 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 carried 6-0. V:i. :Items for Discussion None VII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 8:27 p.m. Respectfully submitted, Susan Collins Recording Secretary (022304) 23