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Minutes 03-17-04MINUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETING HELD COMf4ISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, MARCH 17, 2004 AT 7:00 P.M. Present Michele Costantino, Vice Chair 3ames Miriana Dr. David Rafkin Brenda Shamblin Kathy Cook David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code inspectors: Courtney Cain Luney Guillaume Skip Lewis Richard Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb Absent Chris DeLiso, Chairman Robert Foot Kathleen Carroll, Alternate I. Call to Order Vice Chair Costantino called the meeting to order at 7:00 p.m. and presided in the absence of the Chair, Chris DeLiso. II. Approval of Minutes of February :t8, 2004 Minutes Ms. Shamblin moved to approve the subject minutes, seconded by Mr. Miriana. The motion passed 5-0. III. Approval of Agenda Attorney Tolces asked that an item be added to the end of the agenda pertaining to the Nuisance Abatement issue. Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 I~totion Ms. Cook moved to approve the agenda as amended, seconded by Ms. Shamblin. The motion carried 5-0. Inspector Lewis recommended that Case No. 03-2163 be tabled until April 16, 2004. I~lotion Ms. Shamblin moved to table Case No. 03-2163 until seconded the motion that passed 5-0. April 16, 2004. Mr. Miriana Inspector Lewis asked that the following changes be made to the agenda: Page 8, Case No. 04-131, complied Page 14, Case No. 04-108, closed Page 15, Case No. 04201, closed Page 18, Case No. 04-207, removed Page 26, Case No. 04-156, complied Motion Ms. Shamblin moved to approve the agenda with changes. motion that passed 5-0. Mr. Miriana seconded the TV. Swearing in of Witnesses and introduction Vice Chair Costantino welcomed Kathy Cook to the Board in her new position as full Board member. The Recording Secretary administered the oath to all persons who would be testifying. Inspector Lewis called the roll and requested that those persons present identify themselves. Attorney Tolces explained the plea system. V. New Business A. Cases to be Heard Case #04-57 Property Address: Violation(s): Moreen D. Palmer 111 SW. 11th Avenue FBC '01 ED BBA 104.1.1 Permit required for electric to pond out front and the windows. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Inspector Cain presented this case. The original notice of violation was sent out on 1/12/04. This is a single-family dwelling. Proof of service was achieved through certified mail but no date was written on the green card. The property was originally cited through a complaint from a citizen. The initial inspection was 1/12/04. The owners were given 30 days to comply with the Code but they failed to do so. Inspector Cain introduced two photographs showing the property as it appears today. Ms. Moreen Palmer, 111 S.W. 11th Avenue, Boynton Beach, pled No Contest and asked for 60 days. Ms. Shamblin asked if there were electricity to the pond now and whether it was to Code. She also asked for an explanation of "also for windows." Tnspector Cain stated that the owners had installed some windows in their house without a permit. He felt that 60 days was reasonable for the windows, but in order to make sure that the City was covered against accidents regarding the electrical connection to the pond, he recommended 10 days on the electrical portion of the violation. Inspector Cain stated that it was a fountain that was hooked up to an A/C outlet and it must be permitted. Vice Chair Costantino asked if there were a GFCT (ground fault circuit interrupter) on it. Linwald Dwyer, Ms. Palmer's cousin and person in charge of installing the electrical connection to the pond, stated that the underground electrical connection was installed correctly and had been done to Code. Mr. Dwyer stated that the only problem was with the electrical outlets, which were regular plugs and he had to change them to GFCTs. They did not know that they needed a permit and that is how this came about. Everything was ready to get the permit. He had spoken to the permitting person in the City on the day before this meeting, and they were given clear directions as to what they had to do now. They had gotten conflicting information prior to that. The Board verified that the electricity was turned on and connected to the pond and directed the owner to disconnect the electricity immediately, pending receipt of a permit and passing an inspection. In regard to the windows, they were trying to get all the required paperwork to obtain the permit. They had an issue with opening sizes and so forth. It was Inspector Cain's opinion that Ms. Palmer would be able to obtain the permit in the 60 days that she requested. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Hotion Based on the testimony and evidence presented in Case No. 04-57, Dr. Rafkin moved that this Board find that Moreen D. Palmer is in violation of 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 May 16, 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 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and carried 5-0. Case #04-58 Property Address: Violation(s): :lames P. Cogswell 137 $.E. 8th Avenue 10-2 BBC of Ord., CH15-ART.IX-15- 120 (B) I and (D) Inc. How overgrown yard. De-weed and install sod wherever dead or bare spots occur. De-weed and re-rock swale. Inspector Cain presented this case. This is a multi-family dwelling and the owner lives at the address. Written notice was given to the owner and service was obtained via certified mail. The citation was discovered through a routine neighborhood inspection. The initial inspection was on January 12, 2004. The owners were given 30 days to come into compliance. When the property was reinspected on February 13, 2004, the violations were found to be in existence. There are no health and safety violations. The City recommended 30 days. :lames P. Cogswell, 137 S.E. 8th Avenue, Boynton Beach, pled no contest and asked for 90 days so that he could re-seed and try to grow the grass that way. He is not able to afford to sod the entire yard. He stated that he had cleaned up the swale but had to pour the new rock. Inspector Cain was not comfortable with 90 days for the sod. Tnspector Cain showed photographs of the property to the Board members. Dr. Rafkin asked Mr. Cogswell to elaborate on his plans for seeding the lawn. Mr. Cogswell said he was going to use Bahia seed and he planned to seed it, water it, and fertilize it. He did not have a sprinkler system. The Board felt that with the birds and 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 wind and other hazards, growing grass from seed was difficult, l~nspector Cain stated that the City preferred sod instead of seed for establishing lawns. Attorney Tolces advised that the Board could not edict the method of coming into compliance, i.e. sod versus seed. This was up to the property owner, who could try to bring the property into compliance by whatever means he or she deemed fit. f4otion Based on the testimony and evidence presented in Case No. 04-58, Ms. Shamblin moved that this Board find that James P. Cogswell is in violation of Section 10-2 and Chapter 15, Article IX-15-120 (B) I and D Inclusive of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before May 16, 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 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Dr. Rafkin seconded the motion that carried 5-0. Case #04-59 Property Address: Violation(s): Thomas :]. Ryle 111 S.E. 7th Avenue CH15-ART.IX-15-120 (D) INC De-weed yard and install sod in yard wherever dead or bare spots occur. Inspector Cain reported that this property had been cited through a written notice on .lanuary 12, 2004. The owner of record lives at 4057 Haughn Road, Grove City, Ohio 43123. Service was obtained through certified mail. The case was discovered by routine inspection. The City recommended 30 days. .lim Ryle, 111 S.E. 7th Avenue, Boynton Beach, pled guilty and asked for 60 days. He acknowledged that he planned to lay sod. Motion Based on the testimony and evidence presented in Case No. 04-59, Dr. Rafkin moved that this Board find that Thomas J. Ryle is in violation of Chapter 15, Article IX-15-120 D Inclusive of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before May 16, 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 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 costs, shall be imposed for each day the violation continues past May 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried 5-0. Case #04-210 Property Address: Violation(s): Evanette Guillaume 305 S.W. 5th Avenue 10-2 BBC of Ord, FBC '01 ED 104.1.1, and 424.2.17.1.8 FBC 2000 Remove trash and debris from rear yard. Repair fence. Permit required for storage room in rear yard. Inspector Cain reported that this property was a single family, homesteaded dwelling. The notice of violation was issued on January 30, 2004. Service was obtained on March 5, 2004. The violation surfaced through a citizen complaint. The trash and debris in the rear yard complied. The permit for the storage room in the rear yard is the only item that is currently in violation. The City recommended 60 days. Evanette Guillaume, 305 S.W. 5th Avenue, Boynton Beach, pled no contest. Tnspector Vestiguerne Pierre acted as interpreter for Ms. Guillaume. Ms. Guilllaume stated the structure had been in place when she bought the house and she was merely maintaining it. She is actively using the structure for storage and hoped to be allowed to obtain a permit for it, if the former owners did not have one. Tnspector Cain stated that it was placed up against the house, but he did not know if it was bolted to the house. If it were not, it could conceivably be a hurricane hazard. He explained to Ms. Guillaume that while she could attempt to get a permit, it could not be guaranteed. Motion Based on the testimony and evidence presented in Case No. 04-210, Dr. Rafkin moved that this Board find that Evanette Guillaume is in violation of Section 10-2 of the City of Boynton Beach Code of Ordinances and 104.1.1 of the 2001 Edition of the Florida Building Code and Section 424.2.17.1.8 of the 2000 Florida Building Code, and moved to order that the Respondent correct the violation on or before May 16, 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 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried 5-0. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Case #04-17 Property Address: Violations: Marwan Ghaii & Suhair Gall 111 N.E. 10th Avenue 105.11 BBA, FBC '01 106.1.1 and 104.6 Church needs a C.O. permit. Permit expired. Parking lot not completed. Work that is completed was done without a permit. Inspector Laverdure stated that the City requested to table this case until May 19, 2004 because the Development Director recommended that they be allowed more time to obtain their permits. This occurred when the City Commission heard the case at its meeting on the night prior to this meeting. Motion Mr. Miriana moved to table Case No. 04-17 until May 19, 2004. the motion that carried 5-0. Dr. Rafkin seconded Case #04-33 Property Address: Violation(s): St. Paul AME Church N. E. 10th Avenue (vacant lot) FBC '01 ED BBA 104.1.1, SBC 1997 104.7.5 Block O, Lot 12, parking lot and fence and gate installed without permits. Inspector Laverdure reported that a visual inspection was made on January 7, 2004 and a violation was issued on that date. Alter 30 days and reinspection, there had been no progress on the permits. Notice was served on February 8 and the acknowledgment was signed and returned on March 1, 2004. The case originated as a Red Tag from the Building Division. Rev. Reed, Pastor, St. Paul AME Church, and Steward Pro Tem Tommy Williams, came to the podium and pled no contest. He stated that the church was engaged in an upgrade project to bring their property into compliance with the City's Code requirements. He stated that the church was moving as fast as it could, considering their financial resources, and that they would appreciate it if the City would grant them more time to come into compliance. They had the soil samples taken of the sand and the base of the parking lot as requested and were going to submit them to the City. They had also met with the City's Engineering and Building Division to be sure they were on the right track. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Inspector Laverdure assured the Board that there were no safety issues involved in the case. There was a debate about whether to table the case or assign a compliance date and proposed fine. In response to a question as to whether or not it was likely that the church would be able to get the required permits in the foreseeable future, Inspector Laverdure was not sure. He stated that the church was moving ahead on the project and he recommended giving the church more time and have them come back with a status report. Reverend Reed thought that with 90 days, it was very likely that they would be able to obtain the required permits. Motion Based on the testimony and evidence presented in Case No. 04-33, Dr. Rafkin moved that this Board find that St. Paul AME Church is in violation of the Florida Building Code 2001 Edition, Boynton Beach Amendment 104.1.1 and Section 104.7.5 of the Southern Building Code 1997 Edition, and moved to order that the Respondent correct the violation on or before June 15, 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 June 15, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 5-0. Case #03-2938 Property Address: Violation(s): 3effrey A. & Cindy 3. Smith 2525 S.W. 14th Street FBC '01 ED 104.1.1, BBA FBC '01 104.7.5 Work before permit issued and permit required on screen room enclosure Inspector Melillo reported that he had previously been sworn in. This is a single-family, homesteaded dwelling. The property owners of record are Jeffrey A. and Cindy J. Smith. Certified mail was sent to the owner on February 19, 2004 and a signed green card was received back on February 25, 2004. The origin of the case was a Red Tag, #03-1418, from the Building Division. The initial inspection was October 24, 2003. Inspector Melillo mentioned the code violation specifics listed above. Inspector Melillo had a photograph that he showed to the property owner and to the Board. 3effrey Smith, 2525 S.W. 14th Street, Boynton Beach, pled no contest. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Dr. Rafkin asked Mr. Smith why he did not apply for a permit. Mr. Smith stated that he had done so initially. His contractor had the screen enclosure walls up before he was alerted to the fact that the structure was in violation of the 25- foot setback. He had walls standing but no roof. The issue is that he put a paneled roof on as opposed to a screen roof, and the setback standard is different between the two. It is 8 feet for screen-in rooms and pool decks and 25 feet for a fiat roof. The work with the contractor stopped. Mr. Smith went ahead and put a paneled roof over the structure with the intention of applying for a variance. Dr. Rafkin stated that he was supposed to obtain a permit before beginning the work. He verified with Mr. Smith that the structure was still standing. Also, it did not appear that Mr. Smith would be able to obtain a permit because he was too close to the lot line considering the 25 foot setback and the fiat roof. Mr. Smith stated that the City was in the process of reviewing the Land Development Regulations and he was hopeful that the setbacks might be changed. He hoped to get an abeyance for his case in anticipation of this review. Ms. Shamblin asked Mr. Smith if he had continued with the fiat roof after receiving the Red Tag from the Building Division. Mr. Smith indicated that he had not. Tt was red- tagged after the fact, when the roof was in place. Ms. Shamblin asked if he had put the roof on before he found it could not be done or afterwards. Mr. Smith stated that after he was advised that he might be in violation of the 25-foot setback, he put the fiat roof in place with the intention of applying for a variance. It was either that or remove the structure and he had already paid the contractor a lot of money. He stated that there were safety issues involved with leaving the walls up with no roof also. Inspector Melillo stated that the structure was nice looking and not a detriment to the neighborhood. Mr. Blasie stated that the Code Division would not be adverse to tabling the matter for something like six months to see if any setbacks were changed during the LDR re-write. The review is ongoing and is supposed to be completed this summer. Mr. Blasie thought that the applicant did not stand much chance of winning a request for a variance at present. If the LDR re-write produced any change in setbacks of even 5 feet, for example, it would be more likely that a variance would be granted. Motion Dr. Rafkin moved to table Case No. 03-2938 until September 14, 2004. Mr. Miriana seconded the motion. The motion passed 3-2,/vls. Cook and I~ls. Shamblin dissent/ng. Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Case #04-162 Property Address: Violation(s): Sarah Brown 529 N.W. 13th Avenue 104.6.1 of the FBC '01 ED BBA Permit expired without receiving final inspection. Red Tag dated 1- 13-04. Inspector Guillaume reported that the initial inspection had taken place on January 28, 2004. A notice of violation was issued on that date. The property was reinspected on February 13, 2004. Service was obtained by certified mail on February 17, 2004. The case originated from a Red Tag from the Building Division. The owner had put in some windows without having a final inspection from the Building Division. The City recommended 60 days for compliance. Donald Godfrey, 529 N.W. 13m Avenue, Boynton Beach, stated that he was working full time, living elsewhere, and trying to take care of this property for his aunt, who was in a nursing home. Ms. Shamblin asked Mr. Godfrey if he had asked for a final inspection. Mr. Godfrey responded that he had asked for the inspection but failed it. He had standard shutters, but according to the new Code, the three new windows would have to have hurricane shutters. He needed some time to get the money to buy them and felt that he could do so within 60 days. Motion Based on the testimony and evidence presented in Case No. 04-162, Ns. Shamblin moved that this Board find that Sarah Brown is in violation of the Florida Building Code 2001 Edition, Boynton Beach Amendment 104.6.1, and moved to order that the Respondent correct the violation on or before May 16, 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 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Dr. Rafkin seconded the motion that carried 5-0. Case #04-93 Property Address: Violation(s): Costumise f4arizier 1616 N.E. 1st Street CH15-ART.IX-15-120 (D) I Inc. and 15-16 B.B.C. of Ord. Sod all bare areas in yard. Remove inoperable and unregistered 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 vehicles and place house number on building. Inspector Webb reported that this property was a single-family homesteaded property. The initial inspection was on January 15, 2004. The property owner was given thirty days to come into compliance, but the violations were still in existence at reinspection on February 16, 2004. Certified mail was sent on 2/18/04 and the signed green card was received on 2/20/04. The violation surfaced as a result of a citizen complaint. Inspector Webb had photographs of the property that he shared with the property owner and the Board. Costumise Marizier, 1616 N.E. Ist Street, Boynton Beach, pled no contest. Dr. Rafkin asked Inspector Webb to state the existing violations. Inspector Webb stated that the abandoned vehicle had been removed. There was still no house number, and most of the front yard needed sod. Ms. Marizier said that she had to put a sprinkler system in before installing sod and she did not have the money to put the sprinkler system in. She needed more time to get the money to do so. Ms. Marizier was directed to contact the Faith-Based Community Development Corporation and the City of Boynton Beach Community Improvement Division, Octavia Sherrod, for assistance. t-lotion Based on the testimony and evidence presented in Case No. 04-93, Dr. Rafkin moved that this Board find that Costumize IVlarizier is in violation of Chapter 15, Article IX-15- 120 (D) i Inclusive and 15-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before May 16, 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 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 5-0. Case #04-104 Property Address: Violation(s): Jean F. & F4ariette Joseph 116 N.W. 14th Avenue 13-16 BBC of Ord., CH15-ART.ZX- 15-1220 (D) 1 Znc. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Remove inoperable vehicle. Sod all bare spots in yard. Remove loose trash. Occupational license required for rental property. Inspector Webb reported that this property was a single-family non-homesteaded dwelling. Certified mail was sent out February 26, 2004 and the green card came back March 1, 2004. Regular mail went out .lanuary 20, 2004. The violation was discovered through a routine inspection of the neighborhood. The initial inspection was ]anuary 20, 2004 for the Code sections mentioned above. The owners were originally given 30 days to comply. There were no photographs because the only item still in violation was the occupational license. Jean Joseph, 116 N.W. 14th Avenue, Boynton Beach, pled no contest. Vice Chair Costantino asked Mr. Joseph how much time he needed to get an occupational license. Mr. Joseph replied that he could get it in 30 days. Vice Chair Costantino asked if this would be possible, and Tnspector Webb replied that Mr. Joseph had to call Inspector Webb to come out for an inspection and it could be completed in 10 days. Motion Based on the testimony and evidence presented in Case No. 04-104, Ms. Shamblin moved that this Board find that .lean F. & Mariette .loseph are in violation of 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 April 16, 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 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Dr. Rafkin seconded the motion that carried 5-0. Case #04-143 Property Address: Violation(s): George W. & Linda Bush 1637 N.E. 4th Street CH15-ART.[X-15-120 (D) I [NC., 15-16 BBC of Ord. Sod yard and swale. Remove all loose trash and debris. Place four- inch number on house visible from the street. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Inspector Webb reported that this was a single family homesteaded residence. The initial inspection and notice of violation were sent out on January 23, 2004. The owners were originally given 30 days to comply. Photographs are available. Notice was achieved through certified mail on February 26, 2004. The trash and house number are in compliance. The City recommended 60 days on the sod. Mr. Bush did not respond when called. Motion Based on the testimony and evidence presented in Case No. 04-143, Dr. Rafkin moved that this Board find that George W. and Linda Bush are in violation of Chapter 15, Article IX-15-120 (D) i Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violation on or before May 16, 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 May 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion. George W. Bush, 1637 N.E. 4th Street, Boynton Beach, appeared at the podium. The Board advised him of their motion and asked for his comments. Mr. Bush explained that he had gotten a citation from the City during the drought last year when he was watering his yard. He did not want to spend $95.00 to lay more sod, only to have the same thing happen again. He was under the impression that the City maintained the swale, and was advised that it was his responsibility. Mr. Bush was advised that the City was not under drought restrictions at this time so he should not have any problems with getting a citation. Also, even if the City were under such a restriction, there would be a 30-day grace period if new sod were put down. The motion passed 5-0. Case #04-164 Property Address: Violation(s): E.G. & Shirlene G. Beckles 250 N.W. 20th Court CH15-ART.TX-15-120 (D) 1 Tnclusive Remove unlicensed and inoperable vehicles. Sod all bare areas in yard and swale. Repair driveway. Place 4" house number on building. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Inspector Webb reported that this property was a single-family dwelling and was not homesteaded. The violation was discovered as a result of a routine neighborhood inspection. The initial inspection was on January 28, 2004 and a Notice of Violation was mailed on that date. When there was no progress in 30 days, certified mail went out on March 1, 2004 and the green card came back signed March 3, 2004. Pictures are available. Ellington Beckles, 310 N.W. 16m Court, Boynton Beach, pled no contest. He stated that the house was a rental property and that the people in the house had 3 cars, with only one parking space available. They park on the grass and kill it. He was tired of putting in expensive sod and having it happen again and again. The grass was springing up, but if the City wanted him to put in more he would, but it was not going to solve the problem. He knew that the driveway needed to be wider so the cars could park on concrete. He was willing to put the grass in but asked for two weeks in which to do it. He stated that the house number was on the house and the cars had been moved. Tnspector Webb verified Mr. Beckles' statement about the cars and the house number. Motion Based on the testimony and evidence presented in Case No. 04-164, Ms. Shamblin moved that this Board find that E. G. and Shirlene Beckles are in violation of Chapter 15, Article IX-1-120 (D) I Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violation on or before April 16, 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 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion. Dr. Raft<in commented that the narrative supplied for the case referenced repeat violations and a $250 a day fine. Inspector Webb stated that although it was not treated as such, the property owner had been before the Board for the same thing the previous year. Ms. Shamblin amended the motion to read $50.00 per day and Mr. Miriana agreed to it. The motion passed 5-0. Case #04-170 Property Address: Similen & Theodeline Dorcent 2001 N.W. 2nd Street 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Violation(s): CH15-ART.IX-15-120 (D) I Inc., and 15-16 B.B.C. of Ord. Sod all bare areas in yard. Remove trash and debris from yard in the front and back, including inoperable vehicle. Install 4-inch house number on building. Inspector Webb reported that this was a single-family, homesteaded property. Certified mail was sent out March 1, 2004 and the green card came back signed on March 3, 2004. The routine inspection took place on January 28, 2004 and regular mail was sent out with a notice of violation on that same date. The violation sections are as stated above. The violation was discovered through a routine inspection of the neighborhood. The owners were given 30 days to comply. Pictures are available. Theodeline Dorcent, 2001 N.W. 2nd Street, Boynton Beach, pled no contest. Ms. Cook asked if the trash had been picked up or a house number applied since the citation was issued. Inspector Webb stated that it had not according to the pictures he had. Tnspector Webb showed the pictures to the Board. Ms. Dorcent stated that a car had been in the back yard that belonged to her husband's friend and he removed the car. Her sister brought a car over the weekend last Saturday and she will have a license plate on it tomorrow. Her husband just removed the trash this evening. As far as the grass that was required for the side of the building, she could not do it. She put grass on the north side and the front yard. The south side is next to a City property that is vacant and had not been cleaned for the eleven years she had been in the property. She stated that snakes and bugs came from that vacant lot onto her property. She spoke to the Code Compliance Division about this. There is an exit to T-95 that sits right behind the yard. People use it as an exit. She complained to the Code Compliance Division and nothing was done. She had called the Police and they had arrested a few people, but nothing changed. Ms. Cook asked why she had not been taking care of the yard. Ms. Dorcent said her yard was being taken care of. Her husband is a roofer and he brings materials home from work. He takes them out of his vehicle on Friday and puts them back in the truck on Monday morning. She realized that he sometimes did not put them back in the truck. This evening, he had removed all the buckets and cement he had not used. Ms. Cook explained that she had been referring to the grass itself, and the fact that it appeared not to have been growing well or being maintained well. She asked for the reason for that. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Ms. Dorcent stated that there were bugs but she had sprayed it and it was now growing well because she had put Weed and Feed on it to kill the other grass that was growing alongside the good grass. She knew she needed to put grass in the street where the mailbox was. She just fixed the sprinkler system and was going to put grass in the front. She called the Code Compliance Division this evening and was told that she needed to put grass on the south side in the back yard. This is what she could not do. Her yard was big enough to hold three different buildings. She had put grass on half of it but could not afford to sod all of it nor could she afford water and electricity to take care of it. There is no sprinkler system in the back yard. The front yard has trees and is all fenced. The Board reminded Ms. Dorcent that it was the responsibility of every homeowner in Boynton Beach to maintain their properties according to the Code of the City. Inspector Webb stated that if Ms. Dorcent put sod from the back edge of the house up to the driveway, he would be more than happy with it. Inspector Pierre translated for Ms. Dorcent. He explained what she had to do. He stated that she said she could not agree to put down the grass, but wanted to put in concrete instead. However, she needed six months in which to do it because it would cost approximately $2K. She would have to get a permit and she could not do it in 60 days, as suggested by a Board member. She said that she wanted to wait and do it right with the concrete because the grass would not last 60 days. Vice Chair Costantino thought that 60 days was more than sufficient time to do this. The Board consensus was that Ms. Dorcent should be given 60 days to bring the property into compliance in whatever way she deemed appropriate, realizing that the City recommended that sod be put down. If Ms. Dorcent wants to do the concrete at an additional expense, she can do this on her time and at her leisure. I~lotion Based on the testimony and evidence presented in Case No. 04-170, Ms. Cook moved that this Board find that Similen & Theodeline Dorcent are in violation of Chapter 15, Article IX-1-120 (D) z Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violation on or before May 16, 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 May 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion. The motion passed 4-1, Dr. Rafkin dissenting. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 VI. Old Business A. Lien Penalty Certifications Case #03-2515 Don M. Pinatel 634 S.W. Ist Avenue Tnspector Melillo reported that this property had been cited on September 8, 2003 for violations of the Community Appearance Code, Chapter :15, Article 1:X-:15-:120 (D) l~nclusive, of the City of Boynton Beach Code of Ordinances. The citation reads, "Remove or register all motor vehicles, mow grass, weed and trim yard and swale. The vehicle violations still exist. A Code Compliance Board hearing was held on November 19, 2003 and Mr. Pinatel appeared. A compliance date was set for February :17, 2004 and a fine was proposed of $25.00 per day. Don Pinatel, 634 S.W. Ist Avenue, Boynton Beach, stated that the cars were registered in the name of his son, Andrew Pinatel, who has been in Korea serving in the Armed Forces. Also, they are insured to be in storage but not to be driven. According to the Driver's License Bureau, the tags must be removed from cars that are not insured to be driven. Ms. Shamblin said that alternatively, the cars could be removed from the property. Mr. Pinatel stated that he did not have a garage but did have a carport and front yard. Vice Chair Costantino asked Mr. Pinatel when he would be able to come into compliance. Andrew Pinatel, 634 S.W. Ist Avenue, Boynton Beach, said that he was currently stationed in Korea. The Buick was a gift to him. He used it until the registration expired and was not able to register it under his name. Tt is registered under his stepfather's name. He lives in Canada and the address and registration for the vehicle is Delaware. To get it registered, it has to be running and right now, it does not run. There is nothing he could do in the time he had here to make it run. They were also keeping it for spare parts since 90% of the parts were identical to those used in his father's car. The Eclipse was registered to him and insured to stay there. The insurance company told him that by law, he had to remove the plates, but it could stay there and it would be all right. The Buick has been on their property for two to three years without a problem. He was leaving for Korea on the Saturday following this meeting. He planned to be back in .lune. Dr. Rafkin said that since the vehicles were in violation and options to correct it were not within the Respondent's purview at the time, the only option that remained was to have the vehicle(s) towed to a storage area. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Andrew Pinatel inquired whether having a vehicle in the carport constituted compliance, and was advised that it did not. Andrew Pinatel asked if having a cover like a tarpaulin would affect this, but he was advised that this would not suffice. Mr. Pinatel asked if the fact that it was on private property made a difference, and was informed that the vehicles had to be operable and tagged. Vice Chair Costantino reminded the Pinatels that this was a lien certification action and that the fine was running and had been for 28 days at $25.00 per day. Inspector Melillo stated that the Code calls for all vehicles to be registered and operable and this was not the case here. Also, this case was generated through a complaint from two neighbors. Andrew Pinatel stated that if it were necessary, they would have the cars towed; however, the insurance company had told them that it was all right to leave the cars there insured and untagged. He was unaware that the City of Boynton Beach had a Code that contradicted this and covered what he did on his private property. He thought that he could have the Eclipse towed, but did not know whether the Buick was towable since it was not running. The Respondents did not understand why this was such a problem since it was not an eyesore or a health or safety problem. The Board understood the Respondents sentiments, but stated that the Code for the City was emphatic on this point. Andrew Pinatel stated that now that he realized that the City had a Code that prevented him from keeping the vehicles on his property in their current condition, he asked the Board not to certify the fine and allow him to handle this situation as best he could in the two days of leave he had left. Notion Based on the testimony and evidence presented in Case No. 03-2515, Ms. Shamblin moved to find that Don M. Pinatel 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. Mr. Miriana seconded the motion that carried 5-0. Case #02-2948 B3's Wholesale Club, Znc. 1540 W. Boynton Beach Blvd. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Inspector Roy reported that a notice of violation for this property had been issued on November 20, 2002 for issues regarding maintaining the landscaping per B]'s Wholesale Club, Inc.'s registered Site Plan. A Code Compliance Board hearing was held on January 21, 2004 and no one appeared. The Board set a compliance date of February 20, 2004 and proposed a fine of $25.00 per day. The violations still exist. George Rivera, 1540 West Boynton Beach Boulevard, Boynton Beach, a senior manager at B.l's Wholesale Club, Inc., stated that when he walked the property with the City's Forester, Kevin Hallahan, on March 8, 2004, Mr. Hallahan told him they were 98% in compliance. The part in question was some dead sod in front of Applebee's, and Mr. Rivera did not think that this should be B]'s responsibility. Mr. Rivera had the receipts to show that B]'s had spent upwards of $10K in shrubbery and trees for their property. They had to fix an irrigation problem and replace the shrubs and trees again. Inspector Roy pointed out that Applebee's was on the Site Plan for B.l's Wholesale Club, Inc. Attorney Tolces stated that it appeared that the property was under one ownership. The owner of the property is responsible for maintaining all the property indicated on the approved Site Plan and associated Landscape Plan. Mr. Rivera was fairly new to B.l's and was unaware of the particulars of the early agreements made by B.l's. Understanding that now, he was prepared to take care of the sod in front of Applebees. Mr. Rivera stated that he had not appeared at the ~lanuary 21, 2004 Code Compliance Board hearing because he had understood from Mr. Blasie that he did not have to, and that Mr. Blasie would ask for another 30 days for compliance. He then called Kevin Hallahan and asked him to walk the property with him. Mr. Hallahan pointed out the condition of the grass in front of Applebees. Motion Based on the testimony and evidence presented in Case No. 02-2948, Ms. Shamblin moved to find that the Respondent has not complied with the Board's Order of January 21, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all violations committed by the Respondent, that this Board impose and certify the 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. Ms. Cook seconded the motion that carried 5-0. Vice Chair Costantino advised Mr. Rivera to contact Mr. Blasie's office for a reinspection when the required work was completed. Case #03-1146 Destine Christmas 2209 N.E. 2nd Street [nspector Webb stated that this property had been cited on April 10, 2003 for violation of the Florida Building Code, 2001 Edition, Section 104.5, "conditions of permit." A 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Code Compliance Board hearing was held on .lanuary 21, 2004 and no one appeared. The Board set a compliance date of January 31, 2004 and proposed a fine of $50.00 per day. The violation still exists. .leanne Destine, 2209 N.E. 2nd Street, Boynton Beach, appeared on behalf of her son, Christmas Destine. ]:nspector Pierre translated for Ms. Destine. ]:nspector Webb stated that the Destines had inherited this permit problem from the previous owner, who had not informed them of it. Ms. Shamblin asked if the permit were for the room addition and/or the windows, l~nspector Webb read it as he received it, "Window replacement permit has expired due to time limits and is null and void." This permit was issued in 1996. Ms. Cook asked Ms. Destine if they had just heard about this problem. Ms. Destine said she had come to the City and discussed the issue, but was told that she would have to wait since her house was in foreclosure. The foreclosure is over and she could now ask for money to do the windows. She asked that the case be tabled. Tnspector Pierre stated that Ms. Destine had a list of about ten people in the City that she had spoken to about this issue, so she was definitely working on it. Also, he stated that Ms. Destine was no longer facing foreclosure. I~lotion Based on the testimony and evidence presented in Case No. 03-1146, Ms. Shamblin moved to find that the Respondent has not complied with the Board's Order of January 21, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all violations committed by the Respondent, that this Board impose and certify the fine in the amount of $50.00 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. Ms. Cook seconded the motion that carried 5-0. The rneet/ng recessed at 9:02 p.m. and reconvened at 9:12 p.m. Cases to be Heard (continued) Ms. Cook left the meeting at this time and returned at 9:27 p.m. Case #03-3254 Property Address: Violation(s): Cecil Edwards 408 S.W. 10th Avenue CH15-ART.:[X-15-120 (D) :[nc., 10-52 (A) B.B.C. of Ord., PT3-LDR.CH2.SEC5.C.1 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Old, broken-down trailer in rear yard must be removed. Car repair is not allowed. Stop working on cars and remove motor lift from property. Inspector Cain stated that the Notice of Violation had been posted on January 7, 2004. The City recommended April 16, 2004 for compliance. He stated that the property had come into compliance on everything except the remains of the trailer. I~lotion Based on the testimony and evidence presented in Case No. 03-3254, Mr. Miriana moved that this Board find that Cecil Edwards is in violation of Chapter 15, Article 1:X- 15-120 (D) Inclusive and 10-52 (A) of the Boynton Beach Code of Ordinances, and Part 3 of the Land Development Regulations, Chapter 2, Section 5.C.1, and moved to order that the Respondent correct the violation on or before April 16, 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 April 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Dr. Rafkin seconded the motion that carried 4-0. Case #03-3220 Property Address: Violation(s): Joseph S. & Josephina Nania 150 Flamingo Drive 13-16 B.B.C. of Ord, FBC '01 ED BBA 104.1.1~ CH15-ART.TX-15-120 (D) ,:I.B Rental units used for residential purposes must be licensed. Repair or take down plastic fence, A permit is required for it, Inspector Guillaume stated that this was a single-family, non-homesteaded property. The City recommended April 16, 2004 for compliance. Vice Chair Costantino asked if the Nanias were the owners listed in the Palm Beach County records. ~[nspector Guillaume stated that the owners, the Nanias, live at 10966 Green Tree, Boynton Beach. He had to post it since 150 Flamingo Drive was not the correct address for the owners. Vice Chair Costantino stated that she lived across the 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 street from the property and it was her belief that both of the Respondents were deceased. Motion Based on the testimony and evidence presented in Case No. 03-3220, Ms. Shamblin moved that this Board find that .loseph S. & .losephine Nania are in violation of Chapter 15, Article TX-15-120 (D). lB, and Section 13-16 of the Boynton Beach Code of Ordinances and the Florida Building Code 2001 Edition Boynton Beach Amendments 104.1.1, and moved to order that the Respondents correct the violations on or before April 16, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 4-0. Case #04-161 Property Address: Violation(s): Abraham Cowrie 3150 Orange Street SBC '97 ED 104.6.1 Permit has expired due to time limits. Work has been started. Carport has been removed. Call for and pass a permit inspection or permit will be voided. Inspector Guillaume reported that this was a single-family, vacant property. The City recommended April 16, 2004 for compliance. Motion Based on the testimony and evidence presented in Case No. 04-161, Ms. Shamblin moved that this Board find that Abraham Cowrie is in violation of the Standard Building Code 1997 Edition 104.6.1, and moved to order that the Respondent correct the violations on or before April 16, 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 $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 4-0. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Case #04-16 Property Address: Violation(s): Steven B. Paskind 137 N.E. 11m Avenue FBC '01 ED BBA 104.1.1 and 105.6 Permit required to install two doors and 9 windows. When work is completed, inspection is required by the Building Inspector. Tnspector Laverdure reported that the violations and owner were as stated above. The City recommended a compliance date of April 16, 2004. Motion Based on the testimony and evidence presented in Case No. 04-16, Mr. Miriana moved that this Board find that Steven B. Paskind is in violation of the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1 and 105.6, and moved to order that the Respondent correct the violations on or before April 16, 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 $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried 4-0. Case #04-86 Property Address: Violation(s): Ezekiel & Helen C. Harrington 118 N.E. 6th Avenue CH15-ART.IX-15-120 (D) 1 INC. Mow and trim and clean up. Install sod in all bare spots. Hake house number visible from street. Car in carport needs to be registered and operable or it must be removed from the property. Inspector Laverdure stated that the owner and violations were as stated above and that the City recommended April 16, 2004 for compliance. I~lotion Based on the testimony and evidence presented in Case No. 04-86, Mr. Miriana moved that this Board find that Ezekiel & Helen C. Harrington are in violation of Chapter 15, Article [X-15-120 (D) i Inclusive and 15-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before April 16, 2004. The Board has considered the gravity of the violations, the 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 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 violations continue past April 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried 4-0. Case #03-3308 Property Address: Violation(s): Domenic L. Nardi 906 S.W. 27m Terrace FBC '01 ED BBA 104.1.1 and FBC 2001 ED 1015.6 Building permit and inspections required for the new irrigation system, electrical installation, concrete driveway, and concrete patio wall(ways. i[nspector Lewis reported that the property owner had sent the City a letter stating that he needed 60 days. The owner and violations are as stated above. The City agreed with a compliance date of May 16, 2004. The letter is in the agenda materials given to the Board members. Motion Based on the testimony and evidence presented in Case No. 03-3308, Mr. Miriana moved that this Board find that Domenic L. Nardi is in violation of the Florida Building Code, 2001 Edition, Boynton Beach Amendments, 104.1.1 and 105.6, and moved to order that the Respondent correct the violations on or before May 16, 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 $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past May 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried 4-0. Case #04-18 Property Address: Violation(s): Andrew Luchey 2401 S.W. Ist Street 13-16 B.B.C. of Ord. Occupational license rental property. required for 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Inspector Lewis reported that the owner and violations were as stated above. Mr. Luchey is a repeat violator. The City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case No. 04-18, Ms. Shamblin moved that this Board find that Andrew Luchey is in violation of Section 13-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before April 1, 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 violations continue past April 1, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 4-0. Case #04-20 Property Address: Violation(s): FEA Ministries N.W. 8m Court (vacant lot) PT3-LDR. CH7.5-I.SECS.A & 5.B Submit plans and obtain the proper permits for clearing and tree removal. Contact Kevin Hallahan to replace the pine trees that are cut. :Inspector Melillo reported that this was a vacant lot owned by FEA Ministries. They cleared and removed a lot of trees from this lot without a permit. The violation was brought to the City's attention by a neighbor. FEA Ministries has met with Kevin Hallahan and submitted preliminary plans to replace the trees including the locations of the new trees. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 04-20, Ms. Shamblin moved that this Board find that FEA Ministries are in violation of Part 3 of the Land Development Regulations, Chapter 7.5.I, Sections 5.A and 5.B, and moved to order that the Respondents correct the violations on or before May 16, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs, shall be imposed for each day the violations continue past May :[6, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the properly to verify compliance with this Order. Mr. Miriana seconded the motion that carried 4-0. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Case #03-3319 Property Address: Violation(s): Carroll AlblUl~ Estate 218 N.W. Avenue FBC '01 ED BBA 104.1.1 Permit required for remodeling. Obtain permit to replace windows and electrical and plumbing system. Inspector Pierre stated that the owner and violations were as stated above. The City recommended a compliance date of April 16, 2004. Mr. Miriana thought that 30 days was short considering all the work they had to do. Ms. Shamblin inquired whether there were any health and safety violations in regard to the electrical. Inspector Pierre stated that they had remodeled the house without a permit and it was finished. Without a permit inspection, he could not say whether there were any health or safety issues. In order for the owners to pull a permit, they would have to begin the job all over again or hire an engineer or someone who is licensed to approve what they did. Notion Based on the testimony and evidence presented in Case No. 03-3319, Ms. Shamblin moved that this Board find that Carroll Albury Estate is in violation of the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1, and moved to order that the Respondent correct the violations on or before April 16, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Dr. Rafkin seconded the motion that carried 4-0. Case #02-2593 Property Address: Violation(s): Doug Borges 11 Heather Trace Drive FBC '01 ED 104.1.1, 13-15 and 13- 16 of B.B.C. of Ord. Unpermitted garage enclosure. Operating a business without a license. Inspector Roy stated that the property owner signed an affidavit with the Occupational License Department that Mr. and Mrs. Borges are not running a business. They only cut 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 hair for their family. The City recommended 30 days for compliance on the unpermitted garage enclosure. 14orion Based on the testimony and evidence presented in Case No. 02-2593, Mr. Miriana moved that this Board find that Doug Borges is in violation of the Florida Building Code 2001 Edition 104.1.1, and moved to order that the Respondent correct the violations on or before April 16, 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 $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried 4-0. Case #03-3336 Property Address: Violation(s): Boynton 3CP Assoc. Ltd. 801 N. Congress Avenue FBC '01 ED BBA 104.1.1, and 105.6 Obtain permit for door and pass inspections. l!nspector Roy stated that this property was Suite 101 in the Boynton Beach Mall. The City recommended April 16, 2004 for compliance. t4otion Based on the testimony and evidence presented in Case No. 03-3336, Ms. Shamblin moved that this Board find that Boynton .1CP Assoc. Ltd. are in violation of the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1 and 105.6, and moved to order that the Respondents correct the violations on or before April 16, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 4-0. Case #04-148 Property Address: Violation: Wood Electrical Construction Co. Znc., Anthony Pepe, Jr. 3469 W. Boynton Beach Boulevard Section 13-16 B.B.C. of Ord. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Operating business without benefit of an occupational license :Inspector Roy stated that the violations were as listed above. The City recommended April 16, 2004 for compliance. Motion Based on the testimony and evidence presented in Case No. 04-148, Ms. Shamblin moved that this Board find that Wood Electrical Construction Company, Inc., Anthony 3. Pepe, Jr., are in violation of Section 13-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before April 16, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Dr. Rafkin seconded the motion that carried 4-0. Attorney Tolces stated his understanding that it would just be the owner of the property who would be included on the Order. ]Inspector Roy stated that Anthony Pepe had also gotten a copy. Case #04-181 Property Address: Violation(s): Philip Denaro 64 Baytree Lane 10-52 B.B.C. of Ord. Register all vehicles on property. Cars must have current tag and be operable. ]:nspector Roy stated that this property had come into compliance at 7:15 p.m. tonight. Motion Ms. Shamblin moved to dismiss Case No. 04-181. carried 4-0. Mr. Miriana seconded the motion that Case #04-91 Property Address: Violation(s): Mary A. & Thomas Powell 2090 N.W. Ist Street CH15-ART.TX-15-120 (D). lA Remove all unregistered inoperable vehicles. and 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Inspector Webb stated that the property owners and violations were as listed above. The City recommended April 16, 2004 for compliance. Ms. Shamblin proposed a motion for $25.00 a day, but amended it, with the consent of the seconder, Mr. Miriana, when advised that the property owners were repeat violators. Notion Based on the testimony and evidence presented in Case No. 04-91, Ms. Shamblin moved that this Board find that Mary A. and Thomas Powell are 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 Respondents correct the violations on or before April 16, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 4-0. Case #04-97 Property Address: Violation(s): Felicita and 3ose L. Mass 2205 N.E. 4th Court CH15-ART.:[X-15-120 (D) 1 Inc. Sod all bare areas in yard remove any loose trash. and Inspector Webb stated that the property owners and violation were as stated above. The City recommended May 16, 2004 for compliance. I~lotion Based on the testimony and evidence presented in Case No. 04-97, Mr. Miriana moved that this Board find that Felicita and .~ose L. Mass are in violation of Chapter 15, Article IX-15-120 (D) ! :Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before May ~6, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past May 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried 4-0. Case #04-106 Property Address: Violation(s): Cebien Sine 115 N.W. 14m Avenue CH15-ART.IX-15-120 (D) 1 INC. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Sod all bare areas in yard and swale. Remove inoperable and unregistered vehicle and all loose trash. Inspector Webb reported that the property owner and violations were as stated above. The City recommended April 16, 2004 for compliance. I~lotion Based on the testimony and evidence presented in Case No. 04-106, Ms. Shamblin moved that this Board find that Cebien Sine is in violation of Chapter 15, Article IX-15- 120 (D) 1 Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before April 16, 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 $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 5-0. Case #04-165 Property Address: Violation(s): Gary Lee 240 N.W. 20th Court CH15-ART. l~X-15-120 (D) I I~NC. 15-16 B.B.C. of Ord. Remove all trash and debris and all unlicensed and inoperable vehicles from property. Repair driveway, fix potholes and seal. Remove unsightly weeds. Sod all bare areas in yard and swale. Place a 4-inch house number on building. Inspector Webb stated that the property owner and violations were as shown above. The City recommended April 16, 2004 for compliance. Notion Based on the testimony and evidence presented in Case No. 04-165, Ms. Cook moved that this Board find that Gary Lee is in violation of Chapter 15, Article IX-15-120 (D) 1 Inclusive and Section 15-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before April 16, 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 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 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 violations continue past April 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 5-0. Case #04-168 Property Address: Violation(s): Robert B. Graham 2021 N.W. 2nd Street CH15-ART.:[X-15-120 (D) :[NC, 15- 16 B.B.C. of Ord. Sod all bare areas in yard and swale. Remove all unlicensed and inoperable vehicles and place 4- inch house number on building visible from street. Inspector Webb reported that the property owner and violations were as listed above. The City recommended a compliance date of April 16, 2004. Motion Based on the testimony and evidence presented in Case No. 04-168, Ms. Shamblin moved that this Board find that Robert B. Graham is in violation of Chapter 15, Article ]~X-15-120 (D) Inclusive and Section 15-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before April 16, 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 $25.00 per day, plus administrative costs, shall be imposed for each day the violations continue past April 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion that carried 5-0. Case #04-225 Property Address: Violation(s): 3osue 3ean & Philomene Jean 120 N.E. 17m Court PT3-LDR.CH20-V:[:[:[.SEC 1.G, 2.B, 2.C, 2.F., Section 15-16 B.B.C. of Ord, Chapter 20, Section 8 E-16, CH15-ART.ZX-15-120 (D) I :[NC. Inspector Webb stated that Mr..lean had been in contact with Code Compliance and Inspector Webb recommended a compliance date of.lune 15, 2004. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 200`1 Ms. Shamblin inquired about whether this was a commercial enterprise. Inspector Webb stated that this was a single-family home where people were reportedly living in the garage. As of the day before this meeting, it was still evident that people were living in it. Inspector Webb stated that he was recommending 90 days because the property owner had to put the garage back the way it was, undo some electrical work, put some screens in, and sod the whole front yard. Ms. Cook asked if there were any living hazards in the meantime. Inspector Webb reported that the Department of Children and Families were called in because there was a two-month old baby sleeping on the floor. Inspector Webb mentioned that DCF had been out to the house, but he had not seen any report on it. Mr. Miriana asked if it could all be done in 60 days? Inspector Webb recommended 90 days because there had been a mix-up in the service. Dr. Rafkin asked if the property owner was renting the space. Inspector Webb stated that they had rented the house and the tenant, in turn, rented the garage. The tenant closed in the garage without the owner's knowledge. Motion Based on the testimony and evidence presented in Case No. 0`1-225, Ms. Shamblin moved that this Board find that 3osue 3ean and Philomene 3ean are in violation of Part 3 of the Land Development Regulations, Chapter 20, VII:[. Section 1.G, 2.B, 2.C, and 2.F, Section :L5-16 of the B.B.C. of Ord; Chapter 20, Section 8, E-16, and Chapter 15, Article IX-15-120 (D) i Tnclusive of the Cib/of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before .lune 15, 200`1. The Board has considered the gravib/ of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $75.00 per day, plus administrative costs, shall be imposed for each day the violations continue past .~une 15, 200,t. The Respondents are further ordered to contact the Cib/of Boynton Beach Code Compliance Division in order to arrange for reinspection of the properly to verify compliance with this Order. Dr. Rafkin seconded the motion that carried 5-0. inspector Lewis recommended that the fines in the followin9 cases be certified in the amount of $25.00 per day: Case #03-2149, Page 43 Case #03-1658, Page 44 Case #03-3015, Page 49 Case #03-2160, Page 51 Case #03-1562, Page 61 Case #03-2149 Cleo Briggs 2867 S.E. 2nd Street 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Motion Based on the testimony and evidence presented in Case No. 03-2149, Ms. Shamblin moved that this Board find that the Respondent has not complied with this Board's Order dated September 17, 2003, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and carried 5-0. Case #03-1658 Alejandro .1. Molina 301 S.W. 5th Avenue Motion Based on the testimony and evidence presented in Case No. 03-1658, Ms. Shamblin 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 Mr. Miriana and carried 5-0. Case #03-3015 Marcellis .1. Francois 408 N.E. 7th Avenue Motion Based on the testimony and evidence presented in Case No. 03-3015, Ms. Shamblin moved that this Board find that the Respondent has not complied with this Board's Order dated January 21, 2004, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and carried 5-0. Case #03-2160 Richard D. Zolnay 168 S.E. 31~ Avenue Motion Based on the testimony and evidence presented in Case No. 03-2160, Ms. Shamblin 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 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and carried 5-0. Case #03-1562 3anet Hoskins 115 N.E. 15m Avenue Motion Based on the testimony and evidence presented in Case No. 03-1562, Ms. Shamblin 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 Mr. Miriana and carried 5-0. inspector Lewis recommended "Zero Fine"in the followin9 cases that have come into comp/lance: Case #03-2120 Case #03-2699 Case #03-2522 Case #03-2852 Case #03-3115 Case #03-2120 George M. Price 317 N.E. 22"d Avenue Motion Based on the testimony and evidence presented in Case No. 03-2120, Ms. Shamblin moved that this Board find that the Respondent, George M. Price, was in violation of the City of Boynton Beach Code Sections 13-16 and 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 Mr. Miriana and carried 5-0. Case #03-2699 3ose A. Rodriguez 220 NE. 22nd Avenue Motion Based on the testimony and evidence presented in Case No. 03-2699, Ms. Shamblin moved that this Board find that the Respondent, .lose A. Rodriguez, was in violation of the City of Boynton Beach Code Sections 13-16 and Chapter 15, Article [X-15-120 (D) :Inclusive subsequent to the date of compliance specified in this Board's Order of 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 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 Mr. Miriana and carried 5-0. Case #03-2522 Bob Katz Properties 522 N.E. 4th Street Motion Based on the testimony and evidence presented in Case No. 03-2522, Ms. Shamblin moved that this Board find that the Respondent, Bob Katz Properties, was in violation of the Florida Building Code 2001 Edition, 104.1.1 and 105.6, subsequent to the date of compliance specified in this Board's Order of 3anuary 21, 2004, 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 Mr. Miriana and carried 5-0. Case #03-2852 CN] Realty, Tnc. 2930 S.E. 2nd Street Motion Based on the testimony and evidence presented in Case No. 03-2852, Ms. Shamblin moved that this Board find that the Respondent, CN3 Realty, was in violation of Section 13-16 and Chapter 15-Article TX-15-120 (D) Tnclusive of the City of Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of 3anuary 21, 2004, 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 Mr. Miriana and carried 5-0. Case #03-3115 Thelmar Patterson 536 N.W. 11th Avenue Motion Based on the testimony and evidence presented in Case No. 03-3115, Ms. Shamblin moved that this Board find that the Respondent, Thelmar Patterson, was in violation of Section 13-16 and Chapter 15-Article TX-15-120 (D) Tnclusive of the City of Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of .~anuary 21, 2004, 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 Mr. Miriana and carried 5-0. Inspector Lewis recommended tabling the following cases until the next Code Comp/lance Board meeting: 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Case #02-3230 Case #03-1849 Case #03-3029 Case #03-3178 Case #03-2023 Case #02-3230 George & Yvette Williams 110 N.E. 27m Avenue Motion Mr. Miriana moved to table Case No. 02-3230 until the next Code Compliance Board meeting on April 21, 2004. Ms. Shamblin seconded the motion that carried 5-0. Case #03-1849 Raymond Cedieu 135 Flamingo Drive Motion Mr. Miriana moved to table Case No. 03-1849 until the next Code Compliance Board meeting on April 21, 2004. Ms. Shamblin seconded the motion that carried 5-0. Case #03-3029 David L. Levin 411S.W. 9thAvenue Motion Mr. Miriana moved to table Case No. 03-3029 until the next Code Compliance Board meeting on April 21, 2004. Ms. Shamblin seconded the motion that carried 5-0. Case #03-2023 Jerome & Cathy Albanese 1504 $. Seacrest Boulevard Motion Mr. Miriana moved to table Case No. 03-2023 until the next Code Compliance Board meeting on April 21, 2004. Ms. Shamblin seconded the motion that carried 5-0. Case #03-3178 Richard Parsons 435 W. Boynton Beach Blvd. Motion Mr. Miriana moved to table Case No. 03-3178 until the next Code Compliance Board meeting on April 21, 2004. Ms. Shamblin seconded the motion that carried 5-0. Inspector Lewis recommended tabling the fo/lowing cases until the ~fay 19~ 2004 Code Compliance Board meeting: Case #03-951 Case #03-2654 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Case #03-1850 Case #03-2853 Case #03-2854 Case #03-3193 Case #03-1607 Case #03-951 Dennis F. Shelmerdine 111 S.W. 10th Avenue Motion Ms. Shamblin moved to table Case No. 03-951 until the Code Compliance meeting on May 19, 2004. Mr. Miriana seconded the motion that carried 5-0. Board Case #03-2654 Darcelin Larousse 110 N.E. 27m Avenue Motion Ms. Shamblin moved to table Case No. 03-2654 until the Code Compliance Board meeting on May 19, 2004. Mr. Miriana seconded the motion that carried 5-0. Case #03-1850 Helene Geist 3605 N. Old Dixie Hwy. Motion Ms. Shamblin moved to table Case No. 03-1850 until the Code Compliance Board meeting on Nay 19, 2004. Mr. Miriana seconded the motion that carried 5-0. Case #03-2853 Jean P. Messeroux 2950 S.E. 2nd Street Motion Ms. Shamblin moved to table Case No. 03-2853 until the Code Compliance Board meeting on May 19, 2004. Mr. Miriana seconded the motion that carried 5-0. Case #03-2854 Jean P. Messeroux 2970 S.E. 2nd Street Motion Ms. Shamblin moved to table Case No. 03-2854 until the Code Compliance meeting on May 19, 2004. Mr. Miriana seconded the motion that carried 5-0. Board Case #03-3193 A. & Willie Mae Hankerson 320 N.W. 2nd Street Motion Ms. Shamblin moved to table Case No. 03-3193 until the Code Compliance Board meeting on May 19, 2004. Mr. Miriana seconded the motion that carried 5-0. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Case #03-1607 Robert.1. Moran, Sr. and Betty A. Moran 408 N.E. 20m Avenue Motion Ms. Shamblin moved to table Case No. 03-1607 until the Code Compliance meeting on May 19, 2004. Mr. IVliriana seconded the motion that carried 5-0. Board B. Foreclosures Motion Ms. Shamblin moved to authorize the City Attorney to proceed on foreclosures as listed below. Mr. Miriana seconded the motion that carried 5-0. Bradley Stocker, Case #03-1008 Melissa A. Roy, Case #03-821 .lames Jenkins, .lr., Case #03-738 Dennis & Patricia A. Thompson, Case #03-1022 Ida M. White Est., Case #03-1679 Daniel F. & Robin R. Molinari, Case #03-1904 VII. Items for Discussion Attorney Tolces stated that the Board members had been provided a copy of the City's Nuisance Abatement Ordinance. He stated that the City Commission had combined the Nuisance Abatement Board with the Code Compliance Board. Therefore, the members of the Code Compliance Board could be asked to sit as the Nuisance Abatement Board if and when a case were to be presented that called for it. Attorney Tolces explained that the Nuisance Abatement Board primarily dealt with properties that have been habitually cited for drug dealing, prostitution, and those kinds of nuisances. There is a certain notice process that the City must observe prior to a case being brought before the Board. There are some issues with respect to the City's current Code and requirements of Board members. For example, the Code currently requires that the Chair of the Nuisance Abatement Board be an attorney, licensed to practice law in the State of Florida. The City will be looking at the Ordinance to possibly suggest revisions to the City Commission and they will have to decide whether or not to make those changes in order to conform their Code of Ordinances to that of the Code Compliance Board. This would mean that people and positions would not have to be interchanged if a case were to be brought before it. They are quasi-judicial hearings and hear testimony from the City, typically from the Police Department. There would also be property owners who would be able to offer evidence to counter that testimony. Based upon the evidence, it would be the Board's decision as to whether or not to find the property in violation. There are certain steps this Board could take, as the Nuisance 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 17, 2004 Abatement Board, and give the property owners a certain amount of time to come into compliance. Otherwise, there is the potential for the City to actually take over the property. Any meetings to be held would be noticed and given at a time that was mutually convenient for all concerned. The meetings would be held separately from the Code Compliance Board meeting. VIII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:40 p.m. Respectfully submitted, Susan Collins Recording Secretary (031804) 39